Wisconsin Statutes
Wis. Stat. § 59.28 (2026)
Peace maintenance; powers and duties of peace officers, cooperation
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59.28(1)(1) Sheriffs and their undersheriffs and deputies shall keep and preserve the peace in their respective counties and quiet and suppress all affrays, routs, riots, unlawful assemblies and insurrections; for which purpose, and for the service of processes in civil or criminal cases and in the apprehending or securing any person for felony or breach of the peace they and every coroner and constable may call to their aid such persons or power of their county as they consider necessary.
59.28(2)(2) County law enforcement agencies may request the assistance of law enforcement personnel or may assist other law enforcement agencies as provided in ss. 66.0313 and 66.0513.
59.28 AnnotationSuppression of evidence is not required when a law enforcement officer obtains evidence outside of the officer’s jurisdiction. Any jurisdictional transgression violates the appropriate jurisdiction’s authority, not the defendant’s rights. State v. Mieritz, 193 Wis. 2d 571, 534 N.W.2d 632 (Ct. App. 1995).
59.28 AnnotationA state traffic patrol officer should not, except in extreme emergencies, be impressed into service as part of a posse comitatus under sub. (1). If so impressed, the officer 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 Atty. Gen. 38.
59.28 AnnotationThe statutes do not permit the creation of a separate regional law enforcement agency, and neither the sheriff nor the county board has power to delegate supervisory or law enforcement powers to such an agency. 63 Atty. Gen. 596.
59.28 AnnotationA sheriff may not unilaterally withdraw investigative services provided to one urbanized town within the county because the town maintains its own police department. 81 Atty. Gen. 24.
Notes of Decisions
Cited in 5
cases (2 in the last 5 years), 1921–2021 · leading case: State v. Zivcic, 598 N.W.2d 565 (Wis. Ct. App. 1999).
State v. Zivcic, 598 N.W.2d 565 (Wis. Ct. App. 1999). “Because Zivcic did not raise any objection to the six-person jury, because the deputy had authority, pursuant to § 59.28(1), Stats., to arrest Zivcic, and because the trial court did not erroneously exercise its discretion in rendering the evidentiary rulings, we affirm.”
Town of Mentor v. State, 2021 WI App 85, 968 N.W.2d 716. “§ 59.28(1) (“Sheriffs … shall keep and preserve the peace in their respective counties”).”
Am. Wrecking Co. v. McManus, 181 N.W. 235 (Wis. 1921). “In sec. 59.28, Stats., which prescribes the schedule of fees for the sheriff, we find these provisions: “(24) For serving any writ or other process with the aid of the county, two dollars and fifty cents and all necessary expenses incurred thereby.”
State ex rel. Girouard v. Circuit Court for Jackson Cnty., 439 N.W.2d 833 (Wis. Ct. App. 1989). “Sec. 59.28(1), Stats. 1979; sec. 814.70(1).”
Gagliano-Deltgen v. City of Kenosha, No. 2:20-cv-01353 (E.D. Wis. Sept. 30, 2021). “; see also Wis. Stat. § 59.28 (“Sheriffs . . . shall keep and preserve the peace in their respective counties and quiet and suppress all affrays, routs, riots, unlawful assemblies and insurrections.”
Wis. Stat. § 59.28(1): 3 cases
State v. Zivcic, 598 N.W.2d 565 (Wis. Ct. App. 1999). “Because Zivcic did not raise any objection to the six-person jury, because the deputy had authority, pursuant to § 59.28(1), Stats., to arrest Zivcic, and because the trial court did not erroneously exercise its discretion in rendering the evidentiary rulings, we affirm.”
Town of Mentor v. State, 2021 WI App 85, 968 N.W.2d 716. “§ 59.28(1) (“Sheriffs … shall keep and preserve the peace in their respective counties”).”
State ex rel. Girouard v. Circuit Court for Jackson Cnty., 439 N.W.2d 833 (Wis. Ct. App. 1989). “Sec. 59.28(1), Stats. 1979; sec. 814.70(1).”
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