59.28 Peace maintenance; powers and duties of peace officers, cooperation.
(1) Sheriffs and their undersheriffs and deputies shall keep and preserve the peace in their respective counties and quiet and suppress all affrays, routs, riots, unlawful assemblies and insurrections; for which purpose, and for the service of processes in civil or criminal cases and in the apprehending or securing any person for felony or breach of the peace they and every coroner and constable may call to their aid such persons or power of their county as they consider necessary.
(2) County law enforcement agencies may request the assistance of law enforcement personnel or may assist other law enforcement agencies as provided in ss. 66.0313 and 66.0513.
History: 1995 a. 201 s. 282; Stats. 1995 s. 59.28; 1999 a. 150 s. 672.
Suppression of evidence is not required when a law enforcement officer obtains evidence outside of the officer's jurisdiction. Any jurisdictional transgression violates the appropriate jurisdiction's authority not the defendant's rights. State v. Mieritz, 193 Wis. 2d 571, 534 N.W.2d 632 (Ct. App. 1995).
A state traffic patrol officer should not, except in extreme emergencies, be impressed into service as part of a posse comitatus under sub. (1). If so impressed, the officer is entitled to worker's compensation, if injured, from the county or municipality but would not be entitled to regular pay from the state and probably would not be entitled to worker's compensation from the state. 62 Atty. Gen. 38.
The statutes do not permit the creation of a separate regional law enforcement agency, and neither the sheriff nor the county board has power to delegate supervisory or law enforcement powers to such an agency. 63 Atty. Gen. 596.
A sheriff may not unilaterally withdraw investigative services provided to one urbanized town within the county because the town maintains its own police department. 81 Atty. Gen. 24.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
59.01 - Body corporate; status.
59.02 - Powers, how exercised; quorum.
59.04 - Construction of powers.
59.07 - Claims against counties; actions on.
59.08 - Consolidation of counties; procedure; referendum.
59.10 - Boards: composition; election; terms; compensation; compatibility.
59.11 - Meetings; adjournment; absentees.
59.12 - Chairperson; vice chairperson; powers and duties.
59.13 - Committees; appointment; compensation.
59.14 - Publication of ordinances and proceedings.
59.19 - Administrative coordinator.
59.20 - County offices and officers.
59.21 - Official oaths and bonds.
59.22 - Compensation, fees, salaries and traveling expenses of officials and employees.
59.24 - Clerks of counties containing state institutions to make claims in certain cases.
59.26 - Sheriff; undersheriff; deputies.
59.28 - Peace maintenance; powers and duties of peace officers, cooperation.
59.29 - Transportation, apprehension of criminals.
59.30 - Not to act as attorney.
59.31 - Service on sheriff; how made.
59.32 - Fees received by sheriff.
59.34 - Coroner, medical examiner duties; coroner, medical examiner compatibility.
59.36 - Coroner and medical examiner; fees.
59.365 - Moratorium on fee increases.
59.37 - Service when no coroner.
59.38 - Medical examiner and assistants.
59.39 - Coroner or medical examiner as funeral director, limitation.
59.41 - Not to act as attorney.
59.43 - Register of deeds; duties, fees, deputies.
59.44 - County abstractor; appointment; duties; fees.
59.45 - County surveyor; duties, deputies, fees.
59.46 - Penalty for nonfeasance.
59.47 - County auditors; powers; duties.
59.52 - County administration.
59.53 - Health and human services.
59.54 - Public protection and safety.
59.56 - Cultural affairs; education; recreation.
59.57 - Economic and industrial development.
59.60 - Budgetary procedure in certain counties.
59.61 - Financial transactions.
59.62 - Investment authority delegation.
59.63 - Treasurer's disbursement of revenue.
59.64 - Claims against county.
59.65 - Publication of financial report.
59.69 - Planning and zoning authority.
59.691 - Required notice on certain approvals.
59.692 - Zoning of shorelands on navigable waters.
59.693 - Construction site erosion control and storm water management zoning.
59.694 - County zoning, adjustment board.
59.697 - Fees for zoning appeals.
59.698 - Zoning, building inspector.
59.70 - Environmental protection and land use.
59.71 - Special counties; record keeping.
59.73 - Surveys; expressing bearings, subdividing sections.
59.74 - Perpetuation of section corners, landmarks.
59.75 - Certificates and records as evidence.
59.76 - Registration of farms.
59.792 - Milwaukee County; sewage, waste, refuse.
59.796 - Milwaukee County; opportunity schools and partnership program.
59.80 - Milwaukee County; city-county crime commission.
59.82 - Milwaukee County Research and Technology Park.
59.84 - Expressways and mass transit facilities in populous counties.
59.86 - Agreements and ancillary arrangements for certain notes and appropriation bonds.
59.87 - Employee retirement system liability financing in populous counties; additional powers.