Wisconsin Statutes
Wis. Stat. § 968.07 (2026)
Arrest by a law enforcement officer
✓ current as of July 2026
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968.07(1)(a)(a) The law enforcement officer has a warrant commanding that such person be arrested; or
968.07(1)(b)(b) The law enforcement officer believes, on reasonable grounds, that a warrant for the person’s arrest has been issued in this state; or
968.07(1)(c)(c) The law enforcement officer believes, on reasonable grounds, that a felony warrant for the person’s arrest has been issued in another state; or
968.07(1)(d)(d) There are reasonable grounds to believe that the person is committing or has committed a crime.
968.07(1m)(1m) Notwithstanding sub. (1), a law enforcement officer shall arrest a person when required to do so under s. 813.12 (7), 813.122 (10), 813.125 (6), 813.128 (3g) (b), or 968.075 (2) (a) or (5) (e).
968.07(2)(2) A law enforcement officer making a lawful arrest may command the aid of any person, and such person shall have the same power as that of the law enforcement officer.
968.07(3)(3) If the alleged violator under s. 948.55 (2) or 948.60 (2) (c) is or was the parent or guardian of a child who is injured or dies as a result of an accidental shooting, no law enforcement officer may arrest the alleged violator until at least 7 days after the date of the shooting.
968.07 AnnotationIf the police have probable cause for arrest without a warrant, they may break down a door to effect the arrest after announcing their purpose in demanding admission. The remedy for excessive force is not dismissal of the criminal charge. Nadolinski v. State, 46 Wis. 2d 259, 174 N.W.2d 483 (1970).
968.07 AnnotationAn arrest based solely on evidence discovered after an illegal search is invalid. State ex rel. Furlong v. Waukesha County Court, 47 Wis. 2d 515, 177 N.W.2d 333 (1970).
968.07 AnnotationWhile probable cause for an arrest without a warrant requires that an officer have more than a mere suspicion, the officer does not need the same quantum of evidence necessary for conviction, but information that would lead a reasonable officer to believe that guilt is more than a possibility, which information can be based in part on hearsay. State v. DiMaggio, 49 Wis. 2d 565, 182 N.W.2d 466 (1971).
968.07 AnnotationAn officer need not be in possession of a warrant to make a valid arrest. Schill v. State, 50 Wis. 2d 473, 184 N.W.2d 858 (1971).
968.07 AnnotationAn arrest was valid when a defendant, approached by an officer, voluntarily stated that he assumed they would be looking for him because he had been the last person to see the victim alive. Schenk v. State, 51 Wis. 2d 600, 187 N.W.2d 853 (1971).
968.07 AnnotationPolice have grounds to arrest without a warrant when they have information from a reliable informer that a crime is to be committed, when they check the information, and when the defendants attempt to escape when stopped. Molina v. State, 53 Wis. 2d 662, 193 N.W.2d 874 (1972).
968.07 AnnotationA person is not under arrest and the officer is not attempting an arrest, so far as 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. Quarberg, 56 Wis. 2d 581, 203 N.W.2d 45 (1973).
968.07 AnnotationAn illegal execution of a valid arrest warrant is not sufficient to result in a loss of personal jurisdiction over the accused. State v. Monsoor, 56 Wis. 2d 689, 203 N.W.2d 20 (1973).
968.07 AnnotationThe fact that a witness had identified the defendant by photograph was sufficient to support an arrest, even though the witness was not allowed to identify the defendant at the trial. State v. Wallace, 59 Wis. 2d 66, 207 N.W.2d 855 (1973).
968.07 AnnotationWhen an officer, mistakenly believing in good faith that the occupants of a car had committed a crime, stopped the car and arrested the occupants, the arrest was illegal, but a shotgun in plain sight on the back seat could be seized and used in evidence. State v. Taylor, 60 Wis. 2d 506, 210 N.W.2d 873 (1973).
968.07 AnnotationEnforcement officers may make constitutionally valid arrests without warrants under sub. (1) (d) if they have reasonable grounds to believe that the person has committed a crime. Rinehart v. State, 63 Wis. 2d 760, 218 N.W.2d 323 (1974).
968.07 AnnotationThe police force is considered as a unit. If there is a police-channeled communication to the arresting officer who acts in good faith, the arrest is based on probable cause when facts exist within the police department. State v. Shears, 68 Wis. 2d 217, 229 N.W.2d 103 (1975).
968.07 AnnotationWhen bags were heavy and contained brick-like objects obtained in an overnight trip and the defendant’s house was under surveillance, there was probable cause for arrest for possession of marijuana. State v. Phelps, 73 Wis. 2d 313, 243 N.W.2d 213 (1976).
968.07 AnnotationThe test under sub. (1) (d) is whether the arresting officer could have obtained a 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 N.W.2d 116 (1976).
968.07 AnnotationAn officer may make a warrantless arrest for an ordinance violation if a statutory counterpart of the ordinance exists. City of Madison v. Two Crow, 88 Wis. 2d 156, 276 N.W.2d 359 (Ct. App. 1979).
968.07 AnnotationEvidence 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 suspect is the intended arrestee. State v. Lee, 97 Wis. 2d 679, 294 N.W.2d 547 (Ct. App. 1980).
968.07 AnnotationAn arrest by an out-of-state police officer was a valid citizen’s arrest. State v. Slawek, 114 Wis. 2d 332, 338 N.W.2d 120 (Ct. App. 1983).
968.07 AnnotationWhen 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 N.W.2d 453 (1984).
968.07 AnnotationMunicipal police may arrest and detain a person for whom another municipality in another county has issued a civil arrest warrant. 61 Atty. Gen. 275.
968.07 AnnotationA city police officer is a law enforcement officer and traffic officer within s. 345.22. 61 Atty. Gen. 419.
968.07 NoteNOTE: See also the notes to article I, section 11, of the Wisconsin Constitution.
Notes of Decisions
Cited in 28
cases (5 in the last 5 years), 1978–2026 · leading case: Cnty. of Jefferson v. Renz, 603 N.W.2d 541 (Wis. 1999).
Cnty. of Jefferson v. Renz, 603 N.W.2d 541 (Wis. 1999). “22 [12] or Wis. Stat. § 968.07 (1)(d). [13] Finally, to bind the defendant over after a hearing, the authorities will need to show probable cause that is greater than that required for the arrest, but less than the guilt beyond a reasonable doubt that must be proven before…”
Atwater v. City of Lago Vista, 532 U.S. 318 (2001). “Code § 62-10-9 (2000) ("for all violations of any of the criminal laws of the United States, or of this state, when committed in [an officer's] presence"); Wis. Stat. § 968.07 (1)(d) (1998) (when "[t]here are reasonable grounds to believe that the person is committing or has…”
State v. Koch, 499 N.W.2d 152 (Wis. 1993). “Section 968.07(1) (d), Stats., provides: 968.”
State v. Ferguson, 2009 WI 50 (Wis. 2009). “" ¶ 12 The State argues that the officers acted in accordance with the law because they complied with Wis. Stat. § 968.07 (1)(d), which states: "A law enforcement officer may arrest a person when: .”
State v. Rodgers, 349 N.W.2d 453 (Wis. 1984). “After the defendant was arrested he was taken to the squad car and advised of his rights. Enroute to the sheriff's department the defendant gave a verbal statement, and after they arrived at the sheriff's department, the defendant gave a written statement.”
State v. Hess, 2010 WI 82 (Wis. 2010). “See Wis. Stat. § 968.07 (1)(d); State v. Lange, 2009 WI 49, ¶ 19 , 317 Wis.”
State v. Nieves, 2007 WI App 189 (Wis. Ct. App. 2007). “See Wis. Stat. § 968.07 (l)(d). *189 ¶ 12. Obstructing an officer is a crime.”
State v. Popke, 2009 WI 37 (Wis. 2009). “at 348 (quoting Wis. Stat. § 968.07 (1)(d)). ¶ 15. The alleged traffic violation at issue here is Wis.”
State v. Felix, 2012 WI 36 (Wis. 2012). “Specifically, we note that T.W. stated that after the fight she heard Felix say "I'm going to prison.”
State v. Secrist, 589 N.W.2d 387 (Wis. 1999). “2d 152 (1993); Wis. Stat. § 968.07 (l)(d) ("A law enforcement officer may arrest a person when.”
City of Madison v. Two Crow, 276 N.W.2d 359 (Wis. Ct. App. 1979). “, 1967, provided, An arrest by a peace officer without a warrant for a misdemeanor or for the violation of an ordinance is lawful whenever the officer has reasonable grounds to believe that the person to be arrested has committed a misdemeanor or has violated an ordinance .”
Laasch v. State, 267 N.W.2d 278 (Wis. 1978). “NOTES [1] Sec. 968.07(1), Stats., provides in part: ".”
— Wis. Stat. § 968.07(1) — 4 cases
State v. Koch, 499 N.W.2d 152 (Wis. 1993). “Section 968.07(1) (d), Stats., provides: 968.”
Laasch v. State, 267 N.W.2d 278 (Wis. 1978). “NOTES [1] Sec. 968.07(1), Stats., provides in part: ".”
State v. Rodgers, 349 N.W.2d 453 (Wis. 1984). “After the defendant was arrested he was taken to the squad car and advised of his rights. Enroute to the sheriff's department the defendant gave a verbal statement, and after they arrived at the sheriff's department, the defendant gave a written statement.”
City of Madison v. Two Crow, 276 N.W.2d 359 (Wis. Ct. App. 1979). “, 1967, provided, An arrest by a peace officer without a warrant for a misdemeanor or for the violation of an ordinance is lawful whenever the officer has reasonable grounds to believe that the person to be arrested has committed a misdemeanor or has violated an ordinance .”
— Wis. Stat. § 968.07(1)(d) — 8 cases
State v. Koch, 499 N.W.2d 152 (Wis. 1993). “Section 968.07(1) (d), Stats., provides: 968.”
Cnty. of Jefferson v. Renz, 603 N.W.2d 541 (Wis. 1999). “22 [12] or Wis. Stat. § 968.07 (1)(d). [13] Finally, to bind the defendant over after a hearing, the authorities will need to show probable cause that is greater than that required for the arrest, but less than the guilt beyond a reasonable doubt that must be proven before…”
State v. Nieves, 2007 WI App 189 (Wis. Ct. App. 2007). “See Wis. Stat. § 968.07 (l)(d). *189 ¶ 12. Obstructing an officer is a crime.”
State v. Burrows, 925 N.W.2d 789 (Wis. Ct. App. 2018).
State v. Corey Benson (Wis. Ct. App. 2019).
— Wis. Stat. § 968.07(l)(d) — 2 cases
Cnty. of Jefferson v. Renz, 603 N.W.2d 541 (Wis. 1999). “22 [12] or Wis. Stat. § 968.07 (1)(d). [13] Finally, to bind the defendant over after a hearing, the authorities will need to show probable cause that is greater than that required for the arrest, but less than the guilt beyond a reasonable doubt that must be proven before…”
State v. Koch, 499 N.W.2d 152 (Wis. 1993). “Section 968.07(1) (d), Stats., provides: 968.”
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