Entry of arrest warrants into the TIME system brings up many questions. The following are some of the more common questions regarding warrant entry and their answers.
Question: What warrants can be entered to the CIB Wanted Person File by Wisconsin law enforcement agencies?
Answer: Any warrant (valid on its face) which directs the arrest of an individual by law enforcement officers can be entered. If there are any special circumstances - important to an arresting officer. The Remarks Field must be used to explain same.
Question: What warrants must be entered in the CIB Wanted Person File by Wisconsin law enforcement agencies?
Answer: All warrants where the offense is a felony; all warrants where the offense is a misdemeanor or an ordinance violation if it involves the categories listed in s. l65.83(2)(e); all warrants for disorderly conduct if it relates to an act listed in s. 165.83(2)(e); warrants for all persons who are fugitives from justice, and warrants where the offense is stalking or harassment.
Question: What format should be used for bench warrants?
Answer: A bench warrant issued under sec. 968.09, Stats., may be directed to all law enforcement officers in the state without regard to whether the defendant is charged with violation of a state statute or county ordinance. The form of the warrant should be tailored to meet the form suggested by sec. 968.04(3)(a)7, Stats.
Question: May municipal police arrest and detain a person based on a warrant issued by a different municipality?
Answer: Municipal police may arrest and detain a person for whom another municipality in another county has issued a civil arrest warrant.
Question: Are warrants containing a rubber-stamped judge’s signature valid for entry into the TIME System?
Answer: Wisconsin statute 968.04(3)(a) requires warrants to be signed by a judge or court commissioner. Wisconsin statute 990.01(38) requires the signature of a person to always be the handwriting of such person. Municipal warrants are addressed in Wisconsin statute 800.02(5), and just either be signed by a judge or use a computer-generated facsimile of the judge’s signature. There are no statutes which allow or imply that a judge may sign an arrest warrant with a stamp.