Police

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303. Section 301.46, Stats., which governs access to information regarding registered sex offenders, was amended by 1997 Wisconsin Act 6 to allow police chiefs to provide information regarding offenders to members of the general public if, in the police chief's opinion, providing the information is necessary to protect the public. The amendment also eliminated the requirement that requests by persons for information regarding a registered offender be made in writing. 7/10/97.

304. Although it does not appear that a municipality which borders Lake Michigan has the responsibility for rescuing a person drowning off the municipality's shoreline, a municipality can petition the DNR pursuant to sec. 30.79, Stats., for authorization to operate a water safety patrol unit which would have power to conduct search and rescue operations. 2/9/98.

305. A law enforcement officer who takes custody of an individual for emergency detention under sec. 51.15, Stats., must transport the individual to one of the emergency detention facilities listed in sec. 51.15(2), Stats. The law enforcement officer's statutory obligation is not discharged until a transfer of custody to one of the types of facilities listed in sec. 51.15(2) occurs. Thus, custody over an individual placed under emergency detention remains with the law enforcement officer who initially detained the individual until the individual is admitted to one of the facilities listed in sec. 51.15(2). See 81 Op. Att'y Gen. 110, 113 (1994). 9/30/98

306. Although the law is unclear, it appears cities have the power to abolish the position of police chief, abolish the police department, and contract with the county for law enforcement services. Although section 62.13 is a matter of statewide concern, it should not be read to require the creation or preservation of a municipal police department. Rather, it governs how a police department must be governed if a police department exists. 12/2/2003.

307. A police officer, regardless of any subjective motive, may constitutionally enter a home without a warrant when he has an objectively reasonable basis for believing that a person inside is seriously injured or imminently threatened with such injury. Brigham City, Utah v. Stuart, No. 05-502, 2006 WL 1374566 (U.S. May 22, 2006). 5/31/06.


308. The plain language of Wis. Stat. 62.09(8)(a) places the proper discharge of local and state record and reporting duties of city police officers within a mayor's Wis. Stat. sec. 62.09(8)(a) chief executive officer supervisory authority or duty in a city with no police and fire commission with optional powers. 12/31/08.

309. A mayor's request pursuant to his authority or duty under Wis. Stat. sec. 62.09(8)(a) to review city police department records or reports is not limited or restricted by the extra-agency disclosure restrictions on juvenile or children's records imposed on police departments by Wis. Stat. secs. 48.396(1) and 938.396(1) where the city has no police and fire commission with optional powers. 12/31/08.

310. The mayor of a city that does not have a police and fire commission with optional powers is the default public records law legal custodian for the city police department pursuant to Wis. Stat. secs. 19.33(4), 62.09(8)(d) and 62.09(13)(a). 12/31/08.

311. Legal comment provides comprehensive summary of law governing vehicle inventory searches by law enforcement, with specific reference to sample policies at issue in  case law. (Written by Lani Williams, Legal Counsel, Local Government Roundtable.)

312. 2015 Wis. Act 55 requires police departments to post an internet notice any time they request to acquire surplus military equipment from the federal government and requires departments to establish policies for using such equipment and obtain municipal governing body approval to take possession of such equipment.  Also requires departments to report on use of equipment within two weeks of it being deployed. 7/31/15. The complete text of this legal Note is on page 312 of the September 2015 edition of the Municipality.