Wis. Stat. § 968.07

Arrest by a law enforcement officer

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968.07 Arrest by a law enforcement officer. (1) A law suspect is the intended arrestee. State v. Lee, 97 Wis. 2d 679, 294 N.W.2d 547 (Ct. enforcement officer may arrest a person when: App. 1980). An arrest by an out-of-state police officer was a valid citizen’s arrest. State v. (a) The law enforcement officer has a warrant commanding Slawek, 114 Wis. 2d 332, 338 N.W.2d 120 (Ct. App. 1983). that such person be arrested; or When a defendant’s mother admitted police into her home to talk to her son, the subsequent arrest of her son was valid. State v. Rodgers, 119 Wis. 2d 102, 349 (b) The law enforcement officer believes, on reasonable N.W.2d 453 (1984). grounds, that a warrant for the person’s arrest has been issued in Municipal police may arrest and detain a person for whom another municipality this state; or in another county has issued a civil arrest warrant. 61 Atty. Gen. 275. A city police officer is a law enforcement officer and traffic officer within s. (c) The law enforcement officer believes, on reasonable 345.22. 61 Atty. Gen. 419. grounds, that a felony warrant for the person’s arrest has been is- NOTE: See also the notes to article I, section 11, of the Wisconsin sued in another state; or Constitution.

(d) There are reasonable grounds to believe that the person is 968.073 Recording custodial interrogations. (1) In committing or has committed a crime. this section: (1m) Notwithstanding sub. (1), a law enforcement officer (a) “Custodial interrogation” means an interrogation by a law shall arrest a person when required to do so under s. 813.12 (7), enforcement officer or an agent of a law enforcement agency of a 813.122 (10), 813.125 (6), 813.128 (3g) (b), or 968.075 (2) (a) or person suspected of committing a crime from the time the suspect (5) (e). is or should be informed of his or her rights to counsel and to re- (2) A law enforcement officer making a lawful arrest may main silent until the questioning ends, during which the officer or

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)

agent asks a question that is reasonably likely to elicit an incrimi- nating response and during which a reasonable person in the sus- pect’s position would believe that he or she is in custody or other- wise deprived of his or her freedom of action in any significant way. (b) “Law enforcement agency” has the meaning given in s. 165.83 (1) (b). (c) “Law enforcement officer” has the meaning given in s. 165.85 (2) (c). (2) It is the policy of this state to make an audio or audio and visual recording of a custodial interrogation of a person suspected of committing a felony unless a condition under s. 972.115 (2) (a) 1. to 6. applies or good cause is shown for not making an audio or audio and visual recording of the interrogation. (3) A law enforcement officer or agent of a law enforcement agency conducting a custodial interrogation is not required to in- form the subject of the interrogation that the officer or agent is making an audio or audio and visual recording of the interrogation. History: 2005 a. 60. Instituting Innocence Reform: Wisconsin’s New Governance Kruse. 2006 WLR 645. 968.075 Domestic abuse incidents; arrest and prose- cution. (1) DEFINITIONS. In this section: (a) “Domestic abuse” means any of the following engaged in by an adult person against his or her spouse or former spouse, against an adult with whom the person resides or formerly resided or against an adult with whom the person has a child in common: 1. Intentional infliction of physical pain, physical injury or illness. 2. Intentional impairment of physical condition. 3. A violation of s. 940.225 (1), (2) or (3). 4. A physical act that may cause the other person reasonably to fear imminent engagement in the conduct described under subd. 1., 2. or 3. (b) “Law enforcement agency” has the meaning specified in s. 165.83 (1) (b). (d) “Party” means a person involved in a domestic abuse incident. (e) “Predominant aggressor” means the most significant, but not necessarily the first, aggressor in a domestic abuse incident. (2) CIRCUMSTANCES REQUIRING ARREST; PRESUMPTION AGAINST CERTAIN ARRESTS. (a) Notwithstanding s. 968.07 (1) and except as provided in pars. (am) and (b), a law enforcement officer shall arrest and take a person into custody if: 1. The officer has reasonable grounds to believe that the per- son is committing or has committed domestic abuse and that the person’s actions constitute the commission of a crime; and 2. Any of the following apply: a. The officer has a reasonable basis for believing tinued domestic abuse against the alleged victim is likely. b. There is evidence of physical injury to the alleged c. The person is the predominant aggressor. (am) Notwithstanding s. 968.07 (1), unless the person’s arrest is required under s. 813.12 (7), 813.122 (10), 813.125 (6), or 813.128 (3g) (b) or sub. (5) (e), if a law enforcement officer iden- tifies the predominant aggressor, it is generally not appropriate for a law enforcement officer to arrest anyone under par. (a) other than the predominant aggressor. (ar) In order to protect victims from continuing domestic abuse, a law enforcement officer shall consider all of the follow- ing in identifying the predominant aggressor: 1. The history of domestic abuse between the parties, if it can be reasonably ascertained by the officer, and any information provided by witnesses regarding that history. 2. Statements made by witnesses. 3. The relative degree of injury inflicted on the parties. 4. The extent to which each person present appears to fear any party. 5. Whether any party is threatening or has threatened future harm against another party or another family or household member. 6. Whether either party acted in self-defense or in defense of any other person under the circumstances described in s. 939.48. (b) If the officer’s reasonable grounds for belief under par. (a) 1. are based on a report of an alleged domestic abuse incident, the officer is required to make an arrest under par. (a) only if the re- port is received, within 28 days after the day the incident is al- leged to have occurred, by the officer or the law enforcement agency that employs the officer. (2m) IMMEDIATE RELEASE PROHIBITED. Unless s. 968.08 ap- plies, a law enforcement officer may not release a person whose Experiment. arrest was required under sub. (2) until the person posts bail un- der s. 969.07 or appears before a judge under s. 970.01 (1). (3) LAW ENFORCEMENT POLICIES. (a) Each law enforcement agency shall develop, adopt, and implement written policies re- garding procedures for domestic abuse incidents. The policies shall include, but not be limited to, the following: 1. a. A statement emphasizing that in most circumstances, other than those under sub. (2), a law enforcement officer should arrest and take a person into custody if the officer has reasonable grounds to believe that the person is committing or has commit- ted domestic abuse and that the person’s actions constitute the commission of a crime. b. A policy reflecting the requirements of subs. (2) and (2m). c. A statement emphasizing that a law enforcement officer’s decision as to whether or not to arrest under this section may not be based on the consent of the victim to any subsequent prosecu- tion or on the relationship of the parties. d. A statement emphasizing that a law enforcement officer’s decision not to arrest under this section may not be based solely upon the absence of visible indications of injury or impairment. e. A statement discouraging, but not prohibiting, the arrest of more than one party. f. A statement emphasizing that a law enforcement officer, in determining whether to arrest a party, should consider whether he or she acted in self-defense or in defense of another person. 2. A procedure for the written report and referral required under sub. (4). 3. A procedure for notifying the alleged victim of the inci- dent of the provisions in sub. (5), the procedure for releasing the arrested person and the likelihood and probable time of the ar- rested person’s release. that con- 4. A procedure that requires a law enforcement officer, if the law enforcement officer has reasonable grounds to believe that a victim. person is committing or has committed domestic abuse, to inform the victim of the availability of shelters and services in his or her community, including using lists available under ss. 49.165 (4) (b) and 165.93 (4) (b); to give notice of legal rights and remedies available to him or her; and to provide him or her with a statement that reads substantially as follows: “If you are the victim of do- mestic abuse, you may contact a domestic violence victim service provider to plan for your safety and take steps to protect yourself, including filing a petition under s. 813.12 of the Wisconsin statutes for a domestic abuse injunction or under s. 813.125 of the Wisconsin statutes for a harassment injunction.”

968.075 COMMENCEMENT OF CRIMINAL PROCEEDINGS

(am) The policies under par. (a) may provide that the law en- custody for a domestic abuse incident is eligible for conditional forcement agency will share information with organizations that release. Unless there is a waiver under sub. (5) (c), as part of the are eligible to receive grants under s. 49.165 (2) or 165.93 (2). conditions of any such release that occurs during the 72 hours im- (b) In the development of these policies, each law enforce- mediately following such an arrest, the person shall be required to ment agency is encouraged to consult with community organiza- comply with the requirements under sub. (5) (a) and to sign the tions and other law enforcement agencies with expertise in the acknowledgment under sub. (5) (b). The arrested person’s release recognition and handling of domestic abuse incidents. shall be conditioned upon his or her signed agreement to refrain (c) This subsection does not limit the authority of a law en- from any threats or acts of domestic abuse against the alleged vic- forcement agency to establish policies that require arrests under tim or other person. more circumstances than those set forth in sub. (2), but the poli- (6m) OFFICER IMMUNITY. A law enforcement officer is im- cies may not conflict with the presumption under sub. (2) (am). mune from civil and criminal liability arising out of a decision by (4) REPORT REQUIRED WHERE NO ARREST. If a law enforce- the officer to arrest or not arrest an alleged offender, if the deci- ment officer does not make an arrest under this section when the sion is made in a good faith effort to comply with this section. officer has reasonable grounds to believe that a person is commit- (7) PROSECUTION POLICIES. Each district attorney’s office ting or has committed domestic abuse and that person’s acts con- shall develop, adopt and implement written policies encouraging stitute the commission of a crime, the officer shall prepare a writ- the prosecution of domestic abuse offenses. The policies shall in- ten report stating why the person was not arrested. The report clude, but not be limited to, the following: shall be sent to the district attorney’s office, in the county where (a) A policy indicating that a prosecutor’s decision not to the acts took place, immediately after investigation of the incident prosecute a domestic abuse incident should not be based: has been completed. The district attorney shall review the report 1. Solely upon the absence of visible indications of injury or to determine whether the person involved in the incident should impairment; be charged with the commission of a crime. 2. Upon the victim’s consent to any subsequent prosecution (5) CONTACT PROHIBITION. (a) 1. Unless there is a waiver of the other person involved in the incident; or under par. (c), during the 72 hours immediately following an ar- 3. Upon the relationship of the persons involved in the rest for a domestic abuse incident, the arrested person shall avoid incident. the residence of the alleged victim of the domestic abuse incident (b) A policy indicating that when any domestic abuse incident and, if applicable, any premises temporarily occupied by the al- is reported to the district attorney’s office, including a report leged victim, and avoid contacting or causing any person, other made under sub. (4), a charging decision by the district attorney than law enforcement officers and attorneys for the arrested per- should, absent extraordinary circumstances, be made not later son and alleged victim, to contact the alleged victim. than 2 weeks after the district attorney has received notice of the 2. An arrested person who intentionally violates this para- incident. graph may be fined not more than $10,000 or imprisoned for not (8) EDUCATION AND TRAINING. Any education and training more than 9 months or both. by the law enforcement agency relating to the handling of domes- (b) 1. Unless there is a waiver under par. (c), a law enforce- tic abuse complaints shall stress enforcement of criminal laws in ment officer or other person who releases a person arrested for a domestic abuse incidents and protection of the alleged victim. domestic abuse incident from custody less than 72 hours after the Law enforcement agencies and community organizations with ex- arrest shall inform the arrested person orally and in writing of the pertise in the recognition and handling of domestic abuse inci- requirements under par. (a), the consequences of violating the re- dents shall cooperate in all aspects of the training. quirements and the provisions of s. 939.621. The arrested person shall sign an acknowledgment on the written notice that he or she (9) ANNUAL REPORT. (a) Each district attorney shall submit has received notice of, and understands the requirements, the an annual report to the department of justice listing all of the consequences of violating the requirements and the provisions of following: s. 939.621. If the arrested person refuses to sign the notice, he or 1. The number of arrests for domestic abuse incidents in his she may not be released from custody. or her county as compiled and furnished by the law enforcement 2. If there is a waiver under par. (c) and the person is released agencies within the county. under subd. 1., the law enforcement officer or other person who 1m. The number of responses law enforcement made that in- releases the arrested person shall inform the arrested person volved a domestic abuse incident that did not result in an arrest. orally and in writing of the waiver and the provisions of s. 2. The number of subsequent prosecutions and convictions 939.621. of the persons arrested for domestic abuse incidents. 3. Failure to comply with the notice requirement under subd. (b) The listing of the number of arrests, prosecutions and con- 1. regarding a person who is lawfully released from custody bars victions under par. (a) shall include categories by statutory refer- a prosecution under par. (a), but does not affect the application of ence to the offense involved and include totals for all categories. s. 939.621 in any criminal prosecution. History: 1987 a. 346; 1989 a. 293; 1993 a. 319; 1995 a. 304; 2005 a. 104; 2011 a. 267; 2013 a. 168 s. 20; 2013 a. 323; 2015 a. 352. (c) At any time during the 72-hour period specified in par. (a), NOTE: 1987 Wis. Act 346, which created this section, states the legislative the alleged victim may sign a written waiver of the requirements intent and purpose in section 1. in par. (a). The law enforcement agency shall have a waiver form Questions by an officer prior to an arrest to determine which spouse was the pri- mary physical aggressor under sub. (3) (a) 1. b. were investigatory, and Miranda, available. 384 U.S. 436 (1966), warnings were not required when the defendant was not de- (d) The law enforcement agency responsible for the arrest of a prived of freedom or questioned in a coercive environment. State v. Leprich, 160 Wis. 2d 472, 465 N.W.2d 844 (Ct. App. 1991). person for a domestic abuse incident shall notify the alleged vic- Warrantless arrest and detention for bail jumping, s. 946.49, is authorized if prob- tim of the requirements under par. (a) and the possibility of, pro- able cause exists that the arrestee violated the contact prohibition in sub. (5) (a) 1. cedure for and effect of a waiver under par. (c). after being released under ch. 969. 78 Atty. Gen. 177. This section applies to roommates living in university residence halls, whether (e) Notwithstanding s. 968.07 (1), a law enforcement officer privately or state owned. If criteria requiring arrest under sub. (2) exist, a law en- shall arrest and take a person into custody if the officer has rea- forcement officer must make a custodial arrest. 79 Atty. Gen. 109. A Prosecutor’s View of Elder Abuse. Hanrahan. Wis. Law. Sept. 2000. sonable grounds to believe that the person has violated par. (a). (6) CONDITIONAL RELEASE. A person arrested and taken into 968.08 Release by law enforcement officer of ar-

rested person. A law enforcement officer having custody of a violates a term of the defendant’s or witness’s bond or the defen- person arrested without a warrant may release the person arrested dant’s or witness’s probation, if any, the court may issue a bench without requiring the person to appear before a judge if the law warrant for the defendant’s or witness’s arrest which shall direct enforcement officer is satisfied that there are insufficient grounds that the defendant or witness be brought before the court without for the issuance of a criminal complaint against the person unreasonable delay. The court shall state on the record at the time arrested. of issuance of the bench warrant the reason therefor. History: 1993 a. 486. (2) Prior to the defendant’s appearance in court after the de-