Wisconsin Statutes
Wis. Stat. § 23.58 (2026)
Temporary questioning without arrest
✓ current as of July 2026
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23.58(1)(1) After having identified himself or herself as an enforcing officer, an enforcing officer may stop a person in a public place for a reasonable period of time when the officer reasonably suspects that such person is committing, is about to commit or has committed a violation of those statutes enumerated in s. 23.50 (1), any administrative rules promulgated thereunder, any rule of the Kickapoo reserve management board under s. 41.41 (7) (k), or any local ordinances enacted by any local authority in accordance with s. 23.33 (11) (am), 23.335 (21) (a), or 30.77. Such a stop may be made only where the enforcing officer has proper authority to make an arrest for such a violation. The officer may demand the name and address of the person and an explanation of the person’s conduct. Such detention and temporary questioning shall be conducted in the vicinity where the person was stopped.
23.58(2)(2) An enforcing officer has reasonable suspicion to perform a stop under sub. (1) if an all-terrain vehicle, utility terrain vehicle, off-highway motorcycle, boat, or snowmobile does not visibly display a registration plate or decal under s. 23.33 (2) or 23.335 (4) (c) or (5) (c), a nonresident trail pass under s. 23.33 (2j) or 23.335 (6), a registration or certification decal under s. 30.523 (2), or a registration decal or trail use sticker under s. 350.12 (5).
Notes of Decisions
Cited in 3
cases (1 in the last 5 years), 2015–2025 · leading case: State v. Robert Joseph Stietz, 2017 WI 58 (Wis. 2017).
State v. Robert Joseph Stietz, 2017 WI 58 (Wis. 2017). “Warden Webster thought the vehicle might be abandoned, whereas Warden Frost 12 Stietz points to Wis. Stat. § 23.58 (1), a provision in that chapter of the Wisconsin Statutes entitled "Conservation," which states in part that "an enforcing officer may stop a person in a public…”
State v. Daniel S. Iverson, 2015 WI 101 (Wis. 2015). “" Wis. Stat. § 23.58 . Additionally, the enforcing officer must identify himself or herself as such.”
State v. John R. Phelan (Wis. Ct. App. 2025). “§ 23.58(1) provided additional authority for the warden here, given his suspicion of littering, to stop Phelan “for a reasonable period of time” and to “demand” Phelan’s name and address “and an explanation of” his conduct.”
— Wis. Stat. § 23.58(1) — 2 cases
State v. Robert Joseph Stietz, 2017 WI 58 (Wis. 2017). “Warden Webster thought the vehicle might be abandoned, whereas Warden Frost 12 Stietz points to Wis. Stat. § 23.58 (1), a provision in that chapter of the Wisconsin Statutes entitled "Conservation," which states in part that "an enforcing officer may stop a person in a public…”
State v. John R. Phelan (Wis. Ct. App. 2025). “§ 23.58(1) provided additional authority for the warden here, given his suspicion of littering, to stop Phelan “for a reasonable period of time” and to “demand” Phelan’s name and address “and an explanation of” his conduct.”
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