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Wis. Stat. § 164.02

Interrogation

Applied in 2 court decisions — leading case 158 Md. App. 115 - Ocean City Police Department v. Marshall (2004)

Most recently applied in Erik A. Andrade v. City of Milwaukee Board of Fire and Police Commissioners (April 2024)

1979 c. 351; Stats. 1979 s. 166.02; 1979 c. 361 s. 71; Stats. 1979 s. 164.02.

(1) If a law enforcement officer is under investigation and is subjected to interrogation for any reason which could lead to disciplinary action, demotion, dismissal or criminal charges, the interrogation shall comply with the following requirements:

(a) The law enforcement officer under investigation shall be informed of the nature of the investigation prior to any interrogation.

(b) At the request of any law enforcement officer under interrogation, he or she may be represented by a representative of his or her choice who, at the discretion of the officer, may be present at all times during the interrogation.

(2) Evidence obtained during the course of any interrogation not conducted in accordance with sub.

(1) may not be utilized in any subsequent disciplinary proceeding against the law enforcement officer.

Official source: Wisconsin State Legislature. Reproduced from public-domain Wisconsin statutes; confirm against the official source for the current text. Not legal advice.