County of Jefferson v. Renz12/22/1999
) (1995-96) to determine whether a defendant is a sexually violent person. State v. Watson, 227 Wis. 2d 167, 201-05, 595 N.W.2d 403 (1999).
The preliminary hearing standard also applies to probable cause hearings regarding involuntary mental commitment under Chapter 51 of the statutes. Watson, 227 Wis. 2d at 201 (referring to Wis. Stat. § 51.20(7)(1995-96)).
2. Criminal Complaint. Pursuant to Wis. Stat. § 968.03 (1997-98) if a judge does not find "probable cause to believe that an offense has been committed or that the accused has committed it," the judge shall indorse such finding on the complaint.
"A complaint must state facts sufficient in themselves or admitting to reasonable inferences which are sufficient in themselves or admitting to reasonable inferences which are sufficient to establish probable cause. . . . The term, `probable cause,' contemplates the existence of facts and circumstances which would incite an honest belief in a reasonable man, acting under all the circumstances, that the charges made are true. A complaint is sufficient if a fair-minded magistrate could reasonably conclude that the facts alleged justify further criminal proceedings and that the charges are not merely capricious." State v. Becker, 51 Wis. 2d 659, 662-63, 188 N.W.2d 449 (1971).
"The test under Wisconsin law of the sufficiency of the complaint is one of `minimal adequacy, not in a hypertechnical but in a common sense evaluation, in setting forth the essential facts establishing probable cause.'" T.R.B. v. State, 109 Wis. 2d 179, 189, 325 N.W.2d 329 (1982) (quoting State v. Olson, 75 Wis. 2d 575, 580, 250 N.W.2d 12 (1977)).
In comparative terms, "the degree of probable cause required for a bindover is greater than that required to support a complaint." T.R.B. v. State, 109 Wis. 2d at 188.
The standard applied to a complaint may be the same as the standard set forth in notes #3 and #4 below. State v. Olson, 75 Wis. 2d at 583; State ex rel. Pflanz v. County Court for Dane County, 36 Wis. 2d 550, 554-57, 153 N.W.2d 559 (1967); State ex rel. White v. Simpson, 28 Wis. 2d 590, 594-95, 137 N.W.2d 391 (1965).
3. Arrest Warrant. Pursuant to Wis. Stat. § 968.04 (1997-98), if it appears from the complaint and accompanying affidavits that there is probable cause to believe that an offense has been committed and that the accused committed it, the judge shall issue a warrant for the arrest of the defendant.
"Probable cause to arrest refers to that quantum of evidence which would lead a reasonable police officer to believe that the defendant probably committed a crime. . . . It is only necessary that the information lead a reasonable officer to believe that guilt is more than a mere possibility, and it is well established that the belief may be predicated in part upon hearsay information." State v. Paszek, 50 Wis. 2d 619, 624-25, 184 N.W.2d 836 (1971).
In comparative terms, "the probable cause needed to be shown to issue a criminal warrant is less than the probable cause needed to be shown to bind over a defendant for trial after a preliminary hearing." State v. Knoblock, 44 Wis. 2d 130, 134, 170 N.W.2d 781 (1969). See also State v. Berby, 81 Wis. 2d 677, 683, 260 N.W.2d 798 (1977).
The standard applicable to an arrest warrant may be the same standard as set forth in note #2 above. State v. Olson, 75 Wis. 2d 575, 583, 250 N.W.2d 12 (1977); State ex rel. Pflanz v. County Court for Dane County, 36 Wis. 2d 550, 554-57, 153 N.W.2d 559 (1967); State ex rel. White v. Simpson, 28 Wis. 2d 590, 594-95, 137 N.W.2d 391 (1965).
The standard applicable to an arrest warrant is the same standard as applicable
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