How Long Can Police Detain You Without Charge in Wisconsin?
In the United States, the Fourth Amendment protects individuals from unreasonable searches and seizures, including extended periods of detention without charge. In Wisconsin, the maximum time police can detain you without charge is governed by state and federal laws. In this article, we will explore the answer to this question and provide important information on the limits of police detention in Wisconsin.
Initial Detention and the "Terry Stop"
When police initially detain you, it’s often referred to as a "Terry stop," named after the 1968 Supreme Court case Terry v. Ohio. In this case, the Court held that law enforcement can detain an individual for a brief period to investigate and ensure their safety without requiring probable cause for an arrest. The purpose of a Terry stop is to determine whether the individual is involved in a crime.
Duration of Initial Detention
The duration of an initial detention without charge in Wisconsin is limited to 15 minutes. During this time, police are allowed to:
• Question you about your identity and purpose
• Conduct a brief search of your person, including pat-downs or frisks
• Detain you to ensure their safety and the safety of others
If police want to extend the detention, they must have probable cause to believe you have committed a crime. Probable cause requires more than a mere suspicion, but less than the level of evidence required for an arrest.
Pre-Arraignment Detention
If police determine that you have committed a crime, they can arrest you and take you to a police station or jail. During this time, you may be detained without charge for a longer period. In Wisconsin, the maximum time for pre-arraignment detention is 12 hours.
Important Note: During pre-arraignment detention, police are required to:
• Provide you with a receipt for your property, if seized
• Allow you to make a phone call to a lawyer or loved one
• Inform you of your right to remain silent and your right to an attorney
Charge or Release
After 12 hours, police must either charge you with a crime or release you from custody. If charged, you will be taken before a judge for a probable cause hearing, where the evidence against you will be presented. If the judge determines that there is not sufficient evidence to support the charges, you will be released.
Table: Detention Times in Wisconsin
| Type of Detention | Maximum Time |
|---|---|
| Initial Detention (Terry Stop) | 15 minutes |
| Pre-Arraignment Detention | 12 hours |
Rights During Detention
As a detained individual in Wisconsin, you have certain rights that must be respected:
• Right to Silence: You have the right to remain silent and not answer questions.
• Right to an Attorney: You have the right to an attorney, and if you cannot afford one, one will be appointed to you.
• Right to a Phone Call: You have the right to make a phone call to a lawyer or loved one.
• Right to a Receipt for Property: If your property is seized, you have the right to a receipt.
Conclusion
In Wisconsin, police can detain you without charge for a maximum of 15 minutes during an initial Terry stop. If they determine that you have committed a crime, you can be detained for up to 12 hours before being charged or released. It’s essential to be aware of your rights during detention, including the right to silence, an attorney, a phone call, and a receipt for property. If you are detained or arrested, remember to assert your rights and seek legal advice as soon as possible.
