Wis. Stat. » CHAPTER 345 — VEHICLES — CIVIL AND CRIMINAL LIABILITY
Wisconsin Statutes

Wis. Stat. § 345.22 (2026)

Authority to arrest without a warrant

✓ current as of July 2026
Find cases: SyfertCases citing this section WI-LEGdocs.legis.wisconsin.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar
345.22345.22 Authority to arrest without a warrant. A person may be arrested without a warrant for the violation of a traffic regulation if the traffic officer has reasonable grounds to believe that the person is violating or has violated a traffic regulation.
345.22 HistoryHistory: 1971 c. 278.
345.22 AnnotationAlthough this section and s. 968.24 pertain only to crimes and violations of traffic regulations, neither statute forecloses traffic stops to enforce non-traffic civil forfeiture offenses. State v. Iverson, 2015 WI 101, 365 Wis. 2d 302, 871 N.W.2d 661, 14-0515.
345.22 AnnotationThe statement in Popke, 2009 WI 37, that a police officer may conduct a traffic stop when, under the totality of the circumstances, the officer has grounds to reasonably suspect that a crime or traffic violation has been or will be committed, did not purport to circumscribe the universe of possible scenarios within which traffic stops permissibly may occur, or to make such limits contingent on whether the legislature has titled a particular law a “traffic regulation.” A reasonable suspicion that a violation of the littering statute, s. 287.81, a non-traffic civil forfeiture offense, had occurred justified a brief and limited traffic stop. The more onerous standard of probable cause would also therefore justify a traffic stop. State v. Iverson, 2015 WI 101, 365 Wis. 2d 302, 871 N.W.2d 661, 14-0515.
345.22 AnnotationA city police officer is a traffic officer under this section. 61 Atty. Gen. 419.
Notes of Decisions
Cited in 13 cases (2 in the last 5 years), 1982–2025 · leading case: State v. Daniel S. Iverson, 2015 WI 101 (Wis. 2015).
Sort: Relevance Newest Treatment
State v. Daniel S. Iverson, 2015 WI 101 (Wis. 2015). · cites it 17× “¶13 The court of appeals further noted that Wis. Stat. § 345.22 permits warrantless arrests for violations of traffic regulations.”
State v. Welsh, 321 N.W.2d 245 (Wis. 1982). · cites it 20× “First, I have grave doubts as to the constitutionality of sec. 345.22, Stats. 1977, authorizing a warrantless arrest for violation of a civil traffic offense committed outside the officer's presence.”
Cnty. of Jefferson v. Renz, 603 N.W.2d 541 (Wis. 1999). · cites it 8× “If the driver consents to the PBT, the result can assist the officer in determining whether there is probable cause for the arrest. § 343.303. If under the facts there are reasonable grounds to believe that the person has violated the OWI laws, the officer may arrest the driver…”
Welsh v. Wisconsin, 466 U.S. 740 (1984). · cites it 2× “43 (1981-1982); (2) the legislative authorization of warrantless arrests for traffic offenses occurring outside the officer's presence, Wis. Stat. § 345.22 (1981-1982); and (3) the collateral consequence of mandatory license revocation that attaches to all convictions for…”
State v. Pallone, 2000 WI 77 (Wis. 2000). · cites it 4× “, dissenting, expressing doubts about constitutionality of Wis. Stat. § 345.22 (1977), authorizing warrantless arrest for a civil traffic offense committed outside the presence of an officer).”
State v. Baudhuin, 416 N.W.2d 60 (Wis. 1987). · cites it 2× “Section 345.22, Stats., provides that: "A person may be arrested without a warrant for the violation of a traffic regulation if the traffic officer has reasonable grounds to believe that the person is violating or has violated a traffic regulation.”
United States v. Lenin M. Jerez & Carlos M. Solis, 108 F.3d 684 (7th Cir. 1997). “See Wis. Stat. Ann. § 345.22 (“A person may be arrested without a warrant for the violation of a traffic regulation if the traffic officer • has reasonable grounds to believe that the person is violating or has violated a traffic regulation.”
State v. Simpson, 519 N.W.2d 662 (Wis. Ct. App. 1994). · cites it 2× “See §345.22, STATS. (authority to arrest without a warrant for a traffic violation), § 347.”
State v. Begicevic, 2004 WI App 57 (Wis. Ct. App. 2004). · cites it 2× “If, under the facts, there are reasonable grounds to believe that the person has violated the OWI laws, the officer may arrest the driver under Wis. Stat. §§ 345.22 or 968.07(l)(d). Renz, 231 Wis.”
State v. King, 418 N.W.2d 11 (Wis. Ct. App. 1987). · cites it 2× “In support of the argument he contrasts sec. 345.22, Stats., which provides that a person may be "arrested” for violation of traffic regulations, with sec.”
State v. Pallone, 596 N.W.2d 882 (Wis. Ct. App. 1999). · cites it 2× “Section 345.22, Stats., expressly authorizes the arrest without a warrant for a violation of a traffic regulation if the officer has reasonable grounds to believe that the person is violating or has violated a traffic regulation.”
State v. Matthew J. Decola (Wis. Ct. App. 2024). · cites it 4× “§ 345.22 (2021-22).3 Thus, the State argued, Decola’s trial counsel was not ineffective for failing to pursue a meritless motion to suppress.”
Show all 13 citing cases →
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.