Under section 66.30, Stats., and subject to some limitation, a county may furnish certain supplemental law enforcement services to villages and towns within the county. The county sheriff's consent to provide such supplemental services and the sheriff's approval of such a contract is required. 75-119
Coroner, duties
Where accident occurs in one county and victim is transported to another county, and death occurs there, Coroner where death occurs has duty to immediately report death to Coroner of county where crime, injury or event occurred, and Coroner of latter county has authority to investigate and duty to hold inquest if he deems it necessary or if directed by District Attorney of his county. 62-127
Correctional staff
Correctional staff have the authority, and possess the power of a peace officer in pursuing and capturing escaped inmates. 68-352
Deputy sheriff
Whereas a deputy sheriff must be a resident of the county for which appointed, secs. 59.24(2), 66.30, 66.305 and 66.315, Stats., would allow such deputy to serve in an adjacent county upon request for mutual assistance. 62-250
Discovery
Sheriff's criminal investigation files are not covered by a blanket exemption from the public records law, but denial of access may be justified on a case-by-case basis. 77-42
Drug testing of locomotive engineers
Federal legislation has explicitly preempted the field of rail safety and not conferred authority on state or local law enforcement officials to conduct drug tests of locomotive engineers involved in grade crossing accidents in Wisconsin. However, this legislation does not preempt state regulation of drugs and narcotics. Thus, state or local law enforcement officials acting pursuant to their authority to enforce the state's general criminal statutes may conduct drug tests of locomotive engineers provided that the testing comports with the fourth amendment. 81-78
Emergency detention
It remains the obligation of the law enforcement officer who has placed an individual under emergency detention under section 51.15, Stats., to transport that individual to one of the four categories of facilities listed in section 51.15(2) until custody of the individual is transferred to such a facility. 81-110
Extradition
A Wisconsin law enforcement officer may transport a prisoner out of state for emergency medical treatment. Upon leaving Wisconsin, a law enforcement officer from the receiving state must take custody of the prisoner. The prisoner may be brought back to Wisconsin using the Uniform Criminal Extradition Act, section 976.03, Stats. 80-41
Fingerprints and photographs
Law enforcement officials may require a person appearing pursuant to a summons to be fingerprinted and photographed. A court may condition a person's release from custody on bail upon the taking of fingerprints and photographs. 69-254
Hospitals
Pursuant to section 51.20(14), Stats., the director of the county department under section 51.42 or 51.437 may request the sheriff of the county in which an individual was placed under emergency detention to transport that individual to another designated inpatient facility prior to the initial court hearing under chapter 51, and the sheriff must do so within a reasonable time. 80-299
In certain circumstances a peace officer may command a physician, or other medical staff at a hospital or clinic, to gather evidence from a sexual assault victim. 72-107
The taking of a blood sample pursuant to the Wisconsin Implied Consent Law is not a procedure in connection with the performance of a drug or alcohol abuse prevention function nor is the acquired blood sample itself a patient record. The confidentiality requirements set out in 42 § U.S.C. 290dd-3 and 21 § U.S.C. 1175 have no application to such a procedure. 73-45
Under the Implied Consent Law, sec. 343.305, Stats., hospitals must comply with the request of a law enforcement officer to administer chemical tests including a blood test. This assumes that the driver has not withdrawn his or her consent to submit to that test. Drivers who are unconscious or otherwise incapable of withdrawing their consent are presumed not to have withdrawn it. The refusal of hospitals, physicians, nurses, and other health professionals authorized to withdraw blood to comply with such request constitutes the refusal to aid an officer within the meaning of sec. 946.40, Stats. In complying with the request, the professional incurs no civil or criminal liability, except for any negligence in the course of compliance. The person performing the chemical test must report the findings to the Department of Transportation, the law enforcement agency, and the individual involved. Failure to report
Identification records, juveniles
Identification records should be made by local law enforcement agencies of juveniles arrested or taken into custody pursuant to sec. 165.83(2), Stats., for confidential reporting to the Department of Justice. 62-45
Implied Consent Law
A driver of a motor vehicle cannot be asked to take a test to determine alcoholic intoxication pursuant to sec. 343.305(2)(am), Stats., unless there has been a lawful arrest. 67-314
Method by which a law enforcement agency may provide two tests for blood alcohol content under sec. 343.305(1), Stats., discussed. The agency is not required to actually own or physically possess the testing devices. 63-119
The taking of a blood sample pursuant to the Wisconsin Implied Consent Law is not a procedure in connection with the performance of a drug or alcohol abuse prevention function nor is the acquired blood sample itself a patient record. The confidentiality requirements set out in 42 § U.S.C. 290dd-3 and 21 § U.S.C. 1175 have no application to such a procedure. 73-45
Under the Implied Consent Law, sec. 343.305, Stats., hospitals must comply with the request of a law enforcement officer to administer chemical tests including a blood test. This assumes that the driver has not withdrawn his or her consent to submit to that test. Drivers who are unconscious or otherwise incapable of withdrawing their consent are presumed not to have withdrawn it. The refusal of hospitals, physicians, nurses, and other health professionals authorized to withdraw blood to comply with such request constitutes the refusal to aid an officer within the meaning of sec. 946.40, Stats. In complying with the request, the professional incurs no civil or criminal liability, except for any negligence in the course of compliance. The person performing the chemical test must report the findings to the Department of Transportation, the law enforcement agency, and the individual involved. Failure to report
Indians
Discussion of state, county and tribal jurisdiction to regulate traffic on streets in housing projects that have been built and are maintained by the Winnebago Tribe on tribal lands. 78-122
Jurisdictional relationship between State and Menominee Tribe discussed. 70-36
State and county conservation wardens and Sheriff's officers have authority under state law to arrest a Menominee Indian suspect on the reservation following fresh pursuit for an off-reservation violation of state law, if the arrest is one the officer is otherwise authorized to make. Although the State is generally obliged to comply with Menominee tribal extradition procedures, the State's personal jurisdiction over an Indian arrested under the circumstances described is probably not pre-empted by federal law. 74-245
The State has jurisdiction over members of the Menominee Tribe on public roads and highways within the Menominee Reservation in respect to the enforcement of state traffic laws that are necessary to protect the highways against depredation or that would impair their use as a public right-of-way. State law enforcement officers can arrest any person who commits a federal offense in their presence. 66-115
While sheriffs lack statutory or common law authority to contract to provide county dispatch services to outside entities such as tribal public safety departments, sheriffs do have exclusive authority to instruct their deputies as to how such dispatch services should be performed in furtherance of their law enforcement functions. 78-85
Indigency, failure to pay fine
A defendant may be incarcerated by court order for failing to pay a fine imposed for the violation of a municipal ordinance. Unless the defendant applies to the Court and obtains relief on the grounds that because of his indigency he is unable to pay the fine, the Sheriff may lawfully accept and hold such defendant in the county jail. 64-94
Law enforcement officials of this State, insofar as it is within their power to do so, ought to establish procedures for giving notice to those who face possible incarceration on account of their failure to pay a fine of their constitutional right not to be confined if the failure to pay the fine results from their indigency and of their right to a hearing on the question of their indigency. 64-98
Investigators
Investigators employed by district attorneys offices in counties which have neither a population of 500,000 or more nor cities of the second or third class do not possess general police powers. (Unpub.). 53-1982
Jurisdictional relationship
Jurisdictional relationship between State and Menominee Tribe discussed. 70-36
Locomotive engineers
Federal legislation has explicitly preempted the field of rail safety and not conferred authority on state or local law enforcement officials to conduct drug tests of locomotive engineers involved in grade crossing accidents in Wisconsin. However, this legislation does not preempt state regulation of drugs and narcotics. Thus, state or local law enforcement officials acting pursuant to their authority to enforce the state's general criminal statutes may conduct drug tests of locomotive engineers provided that the testing comports with the fourth amendment. 81-78
Milwaukee, City of
City has power to create an ordinance making possession of marijuana an offense in the City of Milwaukee. 63 OAG 107 discussed. (Unpub.). July 9, 1975
Municipalities
Under sec. 66.30, Stats., a county may contract to furnish certain law enforcement services to cities, villages and towns within the county but cannot take over all law enforcement functions. A deputy sheriff may not be designated as a city police chief. 65-47
A sheriff may not unilaterally withdraw most forms of investigative services provided within one urbanized town within a county. 81-24
Patrol academy
It is constitutional for the Legislature to authorize funds to be borrowed and expended for construction of state patrol training facilities on leased land. (Unpub.). 8-1984
Police cars
Need not be purchased by competitive bid under secs. 60.29 and 66.29, Stats., since they are "equipment" and not "supplies material." 66-284
Police files
The police may justifiably prevent a district attorney from inspecting their investigation files on pending criminal cases to determine whether there is exculpatory evidence which must be disclosed to a defendant only in those exceptional instances in which a compelling need to maintain secrecy outweighs the constitutional and statutory considerations ordinarily demanding access. 76-262
Police interviewing students at school
School boards have authority to enforce policies which mandate the manner, conditions, and content of police interviews with students on school premises during school hours, although they should exercise considerable restraint in doing so. The preferable course is for school boards and local law enforcement to work together to jointly develop policies that will best serve the legitimate needs of each government arm, without unnecessarily intruding on those of the other. 81-126
Posse comitatus
A state traffic patrol officer should not except in extreme emergencies be impressed for service as part of a posse comitatus pursuant to sec. 59.24(1), Stats. Where duly impressed he is entitled to worker's compensation, if injured, from the county or municipality but would not be entitled to regular pay from the State and probably would not be entitled to worker's compensation from the State. 62-38
The County Board may require the appointment of regularly employed deputies to be in accordance with the pertinent civil service ordinance. The County Board may fix the number and the compensation, if any, of all deputy sheriffs, whether regularly employed or honorary deputies. Notwithstanding the number fixed by ordinance, the Sheriff retains the power to call a posse comitatus pursuant to sec. 59.24(1), Stats. 68-334
Prison riot
Upon appropriate call, state traffic patrol officers may act as peace officers during a prison riot or other disturbance even when this occurs during a strike of prison guards; they may not, however, perform other duties of guards. 68-104
