968.085(3)(b)(b) Contain the name and address of the person cited, or other identification if that cannot be ascertained. 968.085(3)(d)(d) Direct the person cited to appear for his or her initial appearance in a designated court, at a designated time and date. 968.085(4)(4) Service. A copy of the citation shall be delivered to the person cited, and the original must be filed with the district attorney. 968.085(5)(5) Review by district attorney. If the district attorney declines to prosecute, he or she shall notify the law enforcement agency which issued the citation. The law enforcement agency shall attempt to notify the person cited that he or she will not be charged and is not required to appear as directed in the citation. 968.085(6)(6) Citation no bar to criminal summons or warrant. The prior issuance of a citation does not bar the issuance of a summons or a warrant for the same offense. 968.085(7)(7) Preparation of form. The judicial conference shall prescribe the form and content of the citation under s. 758.171. 968.085(8)(8) Inapplicability to certain domestic abuse cases. A law enforcement officer may not issue a citation to a person for an offense if the officer is required to arrest the person for that offense under s. 968.075 (2). 968.085 HistoryHistory: 1983 a. 433; 2005 a. 104. 968.09968.09 Warrant on failure to appear. 968.09(1)(1) When a defendant or a witness fails to appear before the court as required, or violates a term of the defendant’s or witness’s bond or the defendant’s or witness’s probation, if any, the court may issue a bench warrant for the defendant’s or witness’s arrest which shall direct that the defendant or witness be brought before the court without unreasonable delay. The court shall state on the record at the time of issuance of the bench warrant the reason therefor. 968.09(2)(2) Prior to the defendant’s appearance in court after the defendant’s arrest under sub. (1), ch. 969 shall not apply. 968.09 HistoryHistory: 1971 c. 298; 1993 a. 486. 968.09 AnnotationA bench warrant may be directed to all law enforcement officers in the state without regard to whether the defendant is charged with a violation of a state statute or county ordinance. The form of the warrant should be as suggested by s. 968.04 (3) (a) 7. 62 Atty. Gen. 208.
968.10968.10 Searches and seizures; when authorized. A search of a person, object or place may be made and things may be seized when the search is made: 968.10(3)(3) Pursuant to a valid search warrant; 968.10(4)(4) With the authority and within the scope of a right of lawful inspection; 968.10(5)(5) Pursuant to a search during an authorized temporary questioning as provided in s. 968.25; or 968.11968.11 Scope of search incident to lawful arrest. When a lawful arrest is made, a law enforcement officer may reasonably search the person arrested and an area within such person’s immediate presence for the purpose of: 968.11(1)(1) Protecting the officer from attack; 968.11(2)(2) Preventing the person from escaping; 968.11(3)(3) Discovering and seizing the fruits of the crime; or 968.11(4)(4) Discovering and seizing any instruments, articles or things which may have been used in the commission of, or which may constitute evidence of, the offense. 968.11 AnnotationThe holding of Gant, 556 U.S. 332 (2009), that Belton, 453 U.S. 454 (1981), does not authorize a vehicle search incident to a recent occupant’s arrest after the arrestee has been secured and cannot access the interior of the vehicle is adopted as the proper interpretation of the Wisconsin Constitution’s protection against unreasonable searches and seizures. State v. Dearborn, 2010 WI 84, 327 Wis. 2d 252, 786 N.W.2d 97, 07-1894.