2023 Wisconsin Statutes & Annotations › Chapter 175 - Miscellaneous police provisions. › 175.40 - Arrests; assistance.

175.40
Arrests; assistance.
(1)
In this section:
(a)
“Highway" has the meaning specified in s. 340.01 (22).
(b)
“Intersection" has the meaning specified in s. 340.01 (25).
(bn)
“Law enforcement officer" has the meaning specified in s. 165.85 (2) (c).
(c)
“Peace officer" has the meaning specified in s. 939.22 (22), but does not include a commission warden, as defined in s. 939.22 (5). “Peace officer" includes any tribal law enforcement officer who is empowered to act under s. 165.92 (2) (a).
(2)
For purposes of civil and criminal liability, any peace officer may, when in fresh pursuit, follow anywhere in the state and arrest any person for the violation of any law or ordinance the officer is authorized to enforce.
(3)
For purposes of civil and criminal liability, any peace officer outside his or her territorial jurisdiction acting under sub. (2) is considered to be acting in an official capacity while in fresh pursuit under sub. (2), making an arrest under sub. (2) or transporting a person arrested under sub. (2).
(4)
A peace officer whose boundary is a highway may enforce any law or ordinance that he or she is otherwise authorized to enforce by arrest or issuance of a citation on the entire width of such a highway and on the entire intersection of such a highway and a highway located in an adjacent jurisdiction. This subsection does not extend an officer's jurisdiction outside the boundaries of this state.
(5)
(a)
For any county having a population of 750,000 or more, if any law enforcement officer has territorial jurisdiction that is wholly or partially within that county and has authority to arrest a person within the officer's territorial jurisdiction, the officer may arrest that person anywhere in the county.
(b)
A law enforcement officer specified in par. (a) has the additional arrest authority under this subsection only if the officer's law enforcement agency has adopted policies under par. (d) and the officer complies with those policies.
(c)
A law enforcement agency in the jurisdiction where a person is arrested under par. (a) is immune from liability for the acts or omissions of any officer of a different law enforcement agency exercising authority under par. (a).
(d)
In order to allow its officers to exercise authority under par. (a), a law enforcement agency for a municipality or county must adopt and implement written policies regarding the arrest authority under this subsection, including at least all of the following:
1.
Investigations conducted in another jurisdiction.
2.
Arrests made in another jurisdiction if the crime is observed by a law enforcement officer.
3.
Arrests made in another jurisdiction if the crime is not observed by a law enforcement officer.
4.
Notification to and cooperation with the law enforcement agency of another jurisdiction regarding investigations conducted and arrests made in the other jurisdiction.
(e)
The authority under this subsection is in addition to any other arrest authority, including authority granted under any charter.
(6)
(a)
A peace officer outside of his or her territorial jurisdiction may arrest a person or provide aid or assistance anywhere in the state if the criteria under subds. 1. to 3. are met:
1.
The officer is on duty and on official business.
2.
The officer is taking action that he or she would be authorized to take under the same circumstances in his or her territorial jurisdiction.
3.
The officer is acting to respond to any of the following:
a.
An emergency situation that poses a significant threat to life or of bodily harm.
b.
Acts that the officer believes, on reasonable grounds, constitute a felony.
(b)
A peace officer specified in par. (a) has the additional arrest and other authority under this subsection only if the peace officer's supervisory agency has adopted policies under par. (d) and the officer complies with those policies.
(c)
For purposes of civil and criminal liability, any peace officer outside of his or her territorial jurisdiction acting under par. (a) is considered to be acting in an official capacity.
(d)
In order to allow a peace officer to exercise authority under par. (a), the peace officer's supervisory agency must adopt and implement written policies regarding the arrest and other authority under this subsection, including at least a policy on notification to and cooperation with the law enforcement agency of another jurisdiction regarding arrests made and other actions taken in the other jurisdiction.
(6m)
(a)
An off-duty peace officer may arrest a person or provide aid or assistance outside of his or her territorial jurisdiction but in the state if all of the following apply:
1.
The officer is responding to an emergency situation that poses a significant threat to life or of bodily harm.
2.
The officer is taking action that he or she would be authorized to take under the same circumstances in the officer's territorial jurisdiction.
3.
The officer's supervising agency has adopted written policies authorizing off-duty officers to make arrests or provide aid or assistance outside of the agency's territorial jurisdiction but in the state, and the policies at a minimum address all of the following:
a.
Reasonable responses to an emergency situation under subd. 1.
b.
Arrests made in response to an emergency situation under subd. 1.
c.
Notification of and cooperation with a law enforcement agency of another jurisdiction regarding arrests made and other actions taken in the other jurisdiction.
4.
The officer's action is in compliance with the policies under subd. 3.
(b)
A supervising agency may limit its officer's authority to act under this subsection by including limitations in the written policies under par. (a) 3.
(c)
1.
For purposes of civil and criminal liability and for purposes of s. 895.46, an off-duty peace officer acting outside the officer's jurisdiction as authorized under this subsection is considered to be acting in an official capacity as an officer of the state, state employee, or agent of the state.
2.
For purposes of worker's compensation under ch. 102, an off-duty peace officer acting outside the officer's territorial jurisdiction as authorized under this subsection is considered to be an employee of the state and the officer is eligible for the same benefits as if the officer had sustained the injury while performing services growing out of and incidental to the officer's employment with the employing supervisory agency.
3.
An off-duty peace officer acting outside the officer's territorial jurisdiction as authorized under this subsection is considered to be performing his or her duty and engaging in his or her occupation.
4.
By no later than 30 days after the end of each calendar quarter, the department of administration shall submit a report to the joint committee on finance detailing all moneys expended or encumbered from the appropriation account under s. 20.505 (2) (am) during that calendar quarter for costs and judgments under subd. 1. or 2.
(7)
(a)
In this subsection:
1.
“Federal law enforcement officer" means a person employed full-time by the federal government who may make an arrest with or without a warrant for a violation of the U.S. Code and who may carry a firearm in the performance of the person's duties.
2.
“Wisconsin law enforcement agency" has the meaning given in s. 175.46 (1) (f).
3.
“Wisconsin law enforcement officer" has the meaning given in s. 175.46 (1) (g).
(b)
A federal law enforcement officer, while engaged in the performance of official duties, may do any of the following anywhere in the state:
1.
Make an arrest for a violation of state law or render aid or assistance if the officer has reasonable grounds for believing that a felony has been or is being committed in his or her presence and has reasonable grounds for believing that the person to be arrested has committed the felony.
2.
Render assistance to a Wisconsin law enforcement officer in an emergency or at the request of the Wisconsin law enforcement officer.
(c)
A federal law enforcement officer acting under par. (b) has any immunity from liability or limit on liability to the same extent as a Wisconsin law enforcement officer.
(d)
No federal law enforcement officer, acting solely under the authority under par. (b), may be considered, for liability purposes, as an employee or agent of this state or any Wisconsin law enforcement agency for his or her actions within this state. The federal law enforcement officer is considered as continuing to be an employee of the agency employing him or her.
(e)
This subsection does not limit any authority to act that a federal law enforcement officer has under federal law.
History:  1981 c. 324; 1987 a. 231, 399, 403; 1991 a. 135; 1993 a. 98, 407; 1995 a. 337; 2005 a. 414; 2007 a. 20, 27; 2017 a. 207 s. 5.
A motorist injured while fleeing police was, as matter of law, more negligent than the pursuing officer. Brunette v. Employers Mutual Liability Insurance Co. of Wisconsin, 107 Wis. 2d 361, 320 N.W.2d 43 (Ct. App. 1982).
To determine whether an officer acts in “fresh pursuit" under sub. (2), three criteria are considered: 1) whether the officer acts without unnecessary delay; 2) whether the pursuit is continuous; and 3) whether the time periods are reasonable. City of Brookfield v. Collar, 148 Wis. 2d 839, 436 N.W.2d 911 (Ct. App. 1989).
Sub. (4) permits enforcement of one municipality's ordinance on the entire width of a boundary highway. City of Brookfield v. Berghauer, 170 Wis. 2d 603, 489 N.W.2d 695 (Ct. App. 1992).
In addition to issuing a citation for an observed violation, an officer, after observing a traffic violation and pursuing the defendant into another jurisdiction where the stop was made, was entitled to question the defendant beyond the purpose for which the stop was made and to issue citations for other violations when additional suspicious factors came to the officer's attention during the stop. State v. Haynes, 2001 WI App 266, 248 Wis. 2d 724, 638 N.W.2d 82, 00-3083.
Suppression is not required when a police officer acts without authority outside the officer's jurisdiction. Suppression is not required except when evidence is obtained in violation of a constitutional right or in violation of a statute providing suppression as a remedy. State v. Keith, 2003 WI App 47, 260 Wis. 2d 592, 659 N.W.2d 403, 02-0583.
Municipal Police Officers Right to Stop and Arrest in Foreign Jurisdictions. Kershek. Wis. Law. Dec. 1992.