WI · jury_instructions
Wis JI-Civil 2115
False Arrest: Law Enforcement Officer; Without Warrant
[Define the crime involved in the arrest.]
An arrest is the seizing or detaining of a person by any act or words which indicate an
intention to take the person into custody, thereby causing the person arrested to believe that
he or she is under the actual control and will of the person making the arrest. No formal
declaration of arrest is required.
An arrest may be made without a warrant if the law enforcement officer has
reasonable grounds to believe that (a warrant for the arrest has been issued in this state) (a
felony warrant for the arrest has been issued in another state) (the person is committing or
has committed a crime).
Reasonable grounds to believe means that amount of evidence or information which
would lead a reasonable police officer to believe that (a warrant for the arrest has been issued
in this state) (a felony warrant for the arrest has been issued in another state) (the person is
committing or has committed a crime).
In determining reasonable grounds, the officer may take into account all facts,
including his or her own observations, and information the office believes are dependable,
even if received from others. Information received from others must be corroborated or
received under circumstances which make it reasonable to rely on that information. If the
arrest is made solely on the basis of information received from an informant, the officer must
have independent knowledge of the reliability of the informant or else the information must
be received under circumstances which make it reasonable to rely on that information, even
though the officer may not know the informant's identity. The reasonableness of the grounds
does not depend upon the outcome of the subsequent legal investigation or prosecution
resulting from the arrest. The facts and circumstances within the officer's knowledge, and of
which the officer had reasonably trustworthy information at the time of the arrest, must be
sufficient in themselves to warrant a police officer of reasonable caution to believe that (a
warrant for the arrest has been issued in this state) (a felony warrant for the arrest has been
issued in another state) (the person is committing or has committed a crime).
History
Wis JI-Civil 2115 (1993). ©1993, Regents, Univ. of Wis. Prepared by the Wisconsin Civil Jury Instructions Committee of the Wisconsin Judicial Conference with the University of Wisconsin Law School; posted by the Wisconsin State Law Library with the University's permission.
Provenance
- Source
- wilawlibrary.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
52d9de5f0535a407624f122fe79122f53fa6d4a5ea821e8de9d67e2f829db7f2
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