Wis. Stat. § 968.02

968.02 Issuance and filing of complaints. (1) Except an offense has been committed and that the accused has commit- as otherwise provided in this section, a complaint charging a per- ted it, the judge shall issue a warrant for the arrest of the defen- son with an offense shall be issued only by a district attorney of dant or a summons in lieu thereof. The warrant or summons shall the county where the crime is alleged to have been committed. A be delivered forthwith to a law enforcement officer for service. complaint is issued when it is approved for filing by the district (a) When an accused has been arrested without a warrant and attorney. The approval shall be in the form of a written endorse- is in custody or appears voluntarily before a judge, no warrant ment on the complaint or the electronic signature of the district shall be issued and the complaint shall be filed forthwith with a attorney as provided in s. 801.18 (12). judge. (2) After a complaint has been issued, it shall be filed with a (b) A warrant or summons may be issued by a judge in an- judge and either a warrant or summons shall be issued or the other county when there is no available judge of the county in complaint shall be dismissed, pursuant to s. 968.03. Such filing which the complaint is issued. The warrant shall be returnable commences the action. before a judge in the county in which the offense alleged in the (3) If a district attorney refuses or is unavailable to issue a complaint was committed, and the summons shall be returnable complaint, a circuit judge may permit the filing of a complaint, if before the circuit court of the county in which the offense alleged the judge finds there is probable cause to believe that the person in the complaint was committed. to be charged has committed an offense after conducting a hear- (c) A judge may specify geographical limits for enforcement ing. If the district attorney has refused to issue a complaint, he or of a warrant. she shall be informed of the hearing and may attend. The hearing (d) An examination of the complainant or witness under sub. shall be ex parte without the right of cross-examination. (1) may take place by telephone on request of the person seeking (4) If the alleged violator under s. 948.55 (2) or 948.60 (2) (c) the warrant or summons unless good cause to the contrary ap- is or was the parent or guardian of a child who is injured or dies as pears. The judge shall place each complainant or witness under a result of an accidental shooting, the district attorney may con- oath and arrange for all sworn testimony to be recorded, either by sider, among other factors, the impact of the injury or death on a court reporter or by means of a voice recording device. The

2023-24 Wisconsin Statutes updated through 2025 Wis. Act 137 and through all Supreme Court Orders and Controlled Sub- stances Board Orders filed before and in effect on May 13, 2026. Published and certified under s. 35.18. Changes effective after May 13, 2026, are designated by NOTES. (Published 5-13-26)

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judge shall have the record transcribed. The transcript, certified defendant’s last-known address. It shall be served by a law en- as accurate by the judge or reporter, as appropriate, shall be filed forcement officer. with the court. If the testimony was recorded by means of a voice 3. The summons shall be in substantially the following form: recording device, the judge shall also file the original recording a. When issued by a judge: with the court. STATE OF WISCONSIN, (2) SUMMONS. (a) In any case the district attorney, after the .... County issuance of a complaint, may issue a summons in lieu of request- ing the issuance of a warrant. The complaint shall then be filed State of Wisconsin with the clerk. vs. (b) In misdemeanor actions where the maximum imprison- .... (Defendant) ment does not exceed 6 months, the judge shall issue a summons THE STATE OF WISCONSIN TO SAID DEFENDANT: instead of a warrant unless the judge believes that the defendant A complaint, copy of which is attached, having been filed with will not appear in response to a summons. me accusing the defendant of committing the crime of .... con- (c) If a person summoned fails to appear in response to a sum- trary to sec. ...., Stats., and I having found that probable cause ex- mons issued by a district attorney, the district attorney may pro- ists that the crime was committed by the defendant. ceed to file the complaint as provided in s. 968.02 and, in addi- You, ...., are, therefore, summoned to appear before Branch .... tion to endorsing his or her approval on the complaint, shall en- of the .... court of .... County at the courthouse in the City of .... to dorse upon the complaint the fact that the accused failed to re- answer said complaint, on ...., ...., (year) at .... o’clock in the .... spond to a summons. noon, and in case of your failure to appear, a warrant for your ar- (3) MANDATORY PROVISIONS. (a) Warrant. The warrant rest will be issued. shall: Dated ...., .... (year) 1. Be in writing and signed by the judge. ....(Signature) 2. State the name of the crime and the section charged and ....(Title) number of the section alleged to have been violated. b. When issued by a district attorney: 3. Have attached to it a copy of the complaint. STATE OF WISCONSIN, 4. State the name of the person to be arrested, if known, or if .... County not known, designate the person to be arrested by any description State of Wisconsin by which the person to be arrested can be identified with reason- vs. able certainty. .... (Defendant) 5. State the date when it was issued and the name of the judge who issued it together with the title of the judge’s office. THE STATE OF WISCONSIN TO SAID DEFENDANT: 6. Command that the person against whom the complaint A complaint, copy of which is attached, having been made be- was made be arrested and brought before the judge issuing the fore me accusing the defendant of committing the crime of .... warrant, or, if the judge is absent or unable to act, before some contrary to sec. ...., Stats. other judge in the same county. You, ...., are, therefore, summoned to appear before Branch .... 7. The warrant shall be in substantially the following form: of the .... court of .... County at the courthouse in the City of .... to answer said complaint, on ...., .... (year), at .... o’clock in the .... STATE OF WISCONSIN, noon, and in case of your failure to appear, a warrant for your ar- .... County rest may be issued. State of Wisconsin Dated ...., .... (year) vs. .... (Signature) .... (Defendant(s)) .... District Attorney THE STATE OF WISCONSIN TO ANY LAW ENFORCE- 4. The complaint and summons may be on the same form. MENT OFFICER: The summons shall be beneath the complaint. If separate forms A complaint, copy of which is attached, having been filed with are used, a copy of the complaint shall be attached to the me accusing the defendant(s) of committing the crime of .... con- summons. trary to sec. ...., Stats., and I having found that probable cause ex- (4) SERVICE. (a) The warrant shall be directed to all law en- ists that the crime was committed by the defendant(s). forcement officers of the state. A warrant may be served any- You are, therefore, commanded to arrest the defendant(s) and where in the state. bring .... before me, or, if I am not available, before some other (b) A warrant is served by arresting the defendant and inform- judge of this county. ing the defendant as soon as practicable of the nature of the crime Dated ...., .... (year) with which the defendant is charged. ....(Signature) (c) An arrest may be made by a law enforcement officer with- ....(Title) out a warrant in the law enforcement officer’s possession when 8. The complaint and warrant may be on the same form. The the law enforcement officer has knowledge that a warrant has warrant shall be beneath the complaint. If separate forms are been issued. In such case, the officer shall inform the defendant used, a copy of the complaint shall be attached to the warrant. as soon as practicable of the nature of the crime with which the (b) Summons. 1. The summons shall command the defendant defendant is charged. to appear before a court at a certain time and place and shall be in (d) The law enforcement officer arresting a defendant shall substantially the form set forth in subd. 3. endorse upon the warrant the time and place of the arrest and the 2. A summons may be served anywhere in the state and it law enforcement officer’s fees and mileage therefor. shall be served by delivering a copy to the defendant personally or History: 1973 c. 12; 1975 c. 39, 41, 199; 1977 c. 449 ss. 480, 497; 1983 a. 535; Sup. Ct. Order, 141 Wis. 2d xiii (1987); 1987 a. 151; 1993 a. 486; 1997 a. 250; Sup. by leaving a copy at the defendant’s usual place of abode with a Ct. Order No. 19-01, 2019 WI 44, 386 Wis. 2d xvii. person of discretion residing therein or by mailing a copy to the Judicial Council Note, 1988: Sub. (1) (d) permits an arrest warrant or summons

2023-24 Wisconsin Statutes updated through 2025 Wis. Act 137 and through all Supreme Court Orders and Controlled Sub- stances Board Orders filed before and in effect on May 13, 2026. Published and certified under s. 35.18. Changes effective after May 13, 2026, are designated by NOTES. (Published 5-13-26)

968.04 COMMENCEMENT OF CRIMINAL PROCEEDINGS

to be issued upon the basis of sworn recorded testimony received by telephone on re- command the aid of any person, and such person shall have the quest of the person seeking the warrant or summons unless good cause to the con- trary appears. The telephone procedure permits faster processing of the application, same power as that of the law enforcement officer. while preserving a record of the basis for subsequent review. [Re Order effective Jan. (3) If the alleged violator under s. 948.55 (2) or 948.60 (2) (c) 1, 1988] To be constitutionally sufficient to support the issuance of an arrest warrant and is or was the parent or guardian of a child who is injured or dies as to show probable cause, a complaint must contain the essential facts constituting the a result of an accidental shooting, no law enforcement officer offense charged. A complaint was fatally defective in merely repeating the language may arrest the alleged violator until at least 7 days after the date of the statute allegedly violated. State v. Williams, 47 Wis. 2d 242, 177 N.W.2d 611 (1970). of the shooting. A warrant was properly issued upon sworn testimony of a sheriff that an accom- History: 1991 a. 139; 1993 a. 486; 2005 a. 104; 2015 a. 352. plice had confessed and implicated the defendant, since reliable hearsay is permitted If the police have probable cause for arrest without a warrant, they may break and a confession is not inherently untrustworthy. Okrasinski v. State, 51 Wis. 2d down a door to effect the arrest after announcing their purpose in demanding admis- 210, 186 N.W.2d 314 (1971). sion. The remedy for excessive force is not dismissal of the criminal charge. When a complaint alleged that a reliable informant procured a sample of drugs Nadolinski v. State, 46 Wis. 2d 259, 174 N.W.2d 483 (1970). from the defendant’s apartment, the inference that the informant observed the defen- An arrest based solely on evidence discovered after an illegal search is invalid. dant’s possession of a controlled substance satisfied the Aguilar, 378 U.S. 108 State ex rel. Furlong v. Waukesha County Court, 47 Wis. 2d 515, 177 N.W.2d 333 (1964), test. Scott v. State, 73 Wis. 2d 504, 243 N.W.2d 215 (1976). (1970). A criminal prosecution is properly and timely commenced by a John Doe com- While probable cause for an arrest without a warrant requires that an officer have plaint and arrest warrant that identify the defendant solely by a DNA profile, which more than a mere suspicion, the officer does not need the same quantum of evidence meets the requirement of sub. (3) (a) 4. that if the defendant’s name is not known the necessary for conviction, but information that would lead a reasonable officer to be- person to be arrested must be identified by any description by which the person to be lieve that guilt is more than a possibility, which information can be based in part on arrested can be identified with reasonable certainty. State v. Dabney, 2003 WI App hearsay. State v. DiMaggio, 49 Wis. 2d 565, 182 N.W.2d 466 (1971). 108, 264 Wis. 2d 843, 663 N.W.2d 366, 02-2445. An officer need not be in possession of a warrant to make a valid arrest. Schill v. Applicable law allows electronic transmission of certain confidential case infor- State, 50 Wis. 2d 473, 184 N.W.2d 858 (1971). mation among clerks of circuit court, county sheriff’s offices, and the Department An arrest was valid when a defendant, approached by an officer, voluntarily stated of Justice through electronic interfaces involving the Department of Administra- that he assumed they would be looking for him because he had been the last person tion’s Office of Justice Assistance, specifically including electronic data messages to see the victim alive. Schenk v. State, 51 Wis. 2d 600, 187 N.W.2d 853 (1971). about adult arrest warrants if either the warrant or the case in which it was issued has Police have grounds to arrest without a warrant when they have information from been ordered sealed by the court. OAG 2-10. a reliable informer that a crime is to be committed, when they check the informa- NOTE: See also the notes to article I, section 11, of the Wisconsin tion, and when the defendants attempt to escape when stopped. Molina v. State, 53 Constitution. Wis. 2d 662, 193 N.W.2d 874 (1972). A person is not under arrest and the officer is not attempting an arrest, so far as 968.05 Corporations or limited liability companies: the right to use force is concerned, until the person knows or should know that the person restraining or attempting to restrain the person is an officer. Celmer v. Quar- summons in criminal cases. (1) When a corporation or berg, 56 Wis. 2d 581, 203 N.W.2d 45 (1973). limited liability company is charged with the commission of a An illegal execution of a valid arrest warrant is not sufficient to result in a loss of criminal offense, the judge or district attorney shall issue a sum- personal jurisdiction over the accused. State v. Monsoor, 56 Wis. 2d 689, 203 N.W.2d 20 (1973). mons setting forth the nature of the offense and commanding the The fact that a witness had identified the defendant by photograph was sufficient corporation or limited liability company to appear before a court to support an arrest, even though the witness was not allowed to identify the defen- at a specific time and place. dant at the trial. State v. Wallace, 59 Wis. 2d 66, 207 N.W.2d 855 (1973). When an officer, mistakenly believing in good faith that the occupants of a car (2) The summons for the appearance of a corporation or lim- had committed a crime, stopped the car and arrested the occupants, the arrest was il- ited liability company may be served as provided for service of a legal, but a shotgun in plain sight on the back seat could be seized and used in evi- dence. State v. Taylor, 60 Wis. 2d 506, 210 N.W.2d 873 (1973). summons upon a corporation or limited liability company in a Enforcement officers may make constitutionally valid arrests without warrants civil action. The summons shall be returnable not less than 10 under sub. (1) (d) if they have reasonable grounds to believe that the person has com- days after service. mitted a crime. Rinehart v. State, 63 Wis. 2d 760, 218 N.W.2d 323 (1974). The police force is considered as a unit. If there is a police-channeled communi- History: 1993 a. 112. cation to the arresting officer who acts in good faith, the arrest is based on probable Cross-reference: See s. 973.17 for a provision for default judgment against a cause when facts exist within the police department. State v. Shears, 68 Wis. 2d corporation. 217, 229 N.W.2d 103 (1975). When bags were heavy and contained brick-like objects obtained in an overnight 968.06 Indictment by grand jury. Upon indictment by a trip and the defendant’s house was under surveillance, there was probable cause for grand jury a complaint shall be issued, as provided by s. 968.02, arrest for possession of marijuana. State v. Phelps, 73 Wis. 2d 313, 243 N.W.2d 213 (1976). upon the person named in the indictment and the person shall be The test under sub. (1) (d) is whether the arresting officer could have obtained a entitled to a preliminary hearing under s. 970.03, and all proceed- warrant on the basis of information known prior to the arrest. Police may rely on eyewitness reports of citizen informers. Loveday v. State, 74 Wis. 2d 503, 247 ings thereafter shall be the same as if the person had been initially N.W.2d 116 (1976). charged under s. 968.02 and had not been indicted by a grand An officer may make a warrantless arrest for an ordinance violation if a statutory jury. counterpart of the ordinance exists. City of Madison v. Two Crow, 88 Wis. 2d 156, 276 N.W.2d 359 (Ct. App. 1979). History: 1979 c. 291. Evidence obtained during a mistaken arrest is admissible as long as the arresting officer acts in good faith and has reasonable, articulable grounds to believe that the