In the state of Wisconsin ,a law enforcement officer may arrest a person without the need for a warrant if the officer believes, on reasonable grounds, that the person is committing or has committed a crime.
Officers in Wisconsin also have the authority to arrest a person if they believe that the person has a warrant that has been issued outside of the state.
In the event that a person has an active arrest warrant, officers have permission to arrest and take the person into custody regardless of where they are or who is around them.
Officers in Wisconsin have permission to:
- Arrest a wanted individual on sight
- Break down a door to make an arrest of a wanted person
- Direct a citizen to help with the arrest if needed
If you believe that you or somebody that you know has an outstanding warrant, we recommend that you do a Wisconsin warrant search to know for sure so that you can take action on your own terms.
Active Warrants in Wisconsin
A warrant is an official, signed document that orders the execution of an action that will ultimately lead to an appearance in a court of law. The details of the action are listed, in detail, within the warrant.
Having an ”active” or ”outstanding” warrant against an individual means that the orders listed in the warrant have not been carried out. When a person has an outstanding warrant they are subject to a search, or an arrest -depending on the type of warrant- at any time.
Having an active warrant means:
- A warrant against an individual has not been satisfied
- Police or other peace officers have permission to execute the warrant at any time
- The person named on the warrant is wanted by the court system
An outstanding warrant will remain outstanding until the stipulations within the warrant have been carried out, the person named on the warrant dies, or a judge signs the warrant off.
Types of Warrants in Wisconsin
There are numerous types of warrants that exist within the United States court system. However, the types of warrants that are mostly used in the State of Wisconson are:
- Search warrants
- Arrest warrants
- Bench warrants
All three of these types of warrants are similar in the way that they all are court orders signed into effect by a judge, however, they are very different from each other in the way that they are formed, and handled.
In any event, each one of these types of warrants carries a lot of weight and once they are officially issued, law enforcement can immediately act on them.
Warrant Records Search
Search Warrants in Wisconsin
A search warrant is an order that has been signed by a judge that allows law enforcement to search the person and property of the subject named within the warrant details. Any search warrant that is issued must be carried out within the boundaries of state and federal laws.
In order to have a valid, legal search warrant there must be:
- Probable cause
- Written out details that specify where the search will take place
- The name of the person to be searched
- A signature of the issuing judge
Police officers in Wisconsin do not have permission, or the authority to, conduct search and seizure tactics on an individual unless there is an active search warrant against the person, the person gives permission to search, or there is ample probable cause to suggest that the person is engaged in criminal activity.
The Fourth Amendment to the Constitution is in place so that the everyday citizen does not have to worry about illegal, or unreasonable search practices that combative police officers have been accused of facilitating. Even though there are laws that guard against intrusive police, the balance between privacy and the safety of the community becomes a large factor.
In the event that an officer believes there is sufficient probable cause to justify a search, they have the power to conduct a search. However, if they do not act within the boundaries of the law, any evidence that they discover during the search can be thrown out as illegal.
When judges and law enforcement corroborate together to fashion a search warrant it is done quietly and out of public view. The only time a search warrant becomes public information is after it has been executed. This way there is little chance that the suspect named on the warrant will know it is going to happen until after it is done.
Arrest Warrants in Wisconsin
If a person is named in an arrest warrant in the state of Wisconsin they are subject to arrest, detainment, and incarceration at any given moment.
A few of the reasons why a judge will issue an arrest warrant are:
- The defendant was witnessed in the act of a crime
- An investigation of a crime produced incriminating evidence against the defendant
- The defendant escaped law enforcement in a chase
Police can request an arrest warrant to be issued against a person by a judge if they show probable cause that the individual committed a crime. The judge has the authority to issue an arrest warrant at any time day or night whether or not the court is operating.
In most cases, when an arrest warrant is issued by a judge it is after the district attorney has filed charges against the defendant.
If law enforcement officers learn that a suspect has a warrant through contact, such as being pulled over for a traffic stop, it is very likely that the person named on the warrant will be arrested on sight and booked into the county jail.
If a person is aware that they have an active warrant out for their arrest they have the option to contact an attorney so they can negotiate a plan of action that will result in the fulfillment of the warrant without having to go to jail.
Depending on the severity of the crime, and the circumstances of the defendant it is possible that the warrant can be quashed without jail time.
Bench Warrants in Wisconsin
Another powerful warrant that can be issued against a person in Wisconsin is a bench warrant. This type of warrant is written up and signed by a judge from the bench in the courtroom. In most cases, police officers and district attorneys do not request the warrant because it is issued directly by the judge due to a failure to comply with a court order.
Some of the reasons that a judge will issue a bench warrant are:
- A person fails to do their service when requested for jury duty
- A person fails to appear at a designated court date
- A person fails to carry out a court sentence
The bench warrant and the arrest warrant are similar in the fact that police officers have permission to place a person under immediate arrest if they have either one of these types of warrants against them.
Once a bench warrant becomes active it does not fade away or expire. A bench warrant will remain in effect until the person named in it either dies or is brought into custody.
Many people do not even know that they have a bench warrant against them until they are pulled over. In the event that a person is pulled over and has an outstanding bench warrant, there is a possibility that the officer will arrest them and take them to jail. However, in many cases, the officer can direct the defendant to show up for a court date and take care of the issue.
***Regardless of which state you live in it is always wise to contact an attorney for any questions that you may have when it comes to warrant laws or any other legal concerns. The content found on this website is only for informational purposes and is not to be mistaken for legal advice.