Cr 215 Form - Wisconsin Probable Cause Statement

Wisconsin Probable Cause Form Details

What Is This Form?

This is a Wisconsin circuit court document used to establish probable cause following a warrantless arrest. Law enforcement officers complete this probable cause statement after taking a person into custody. The document provides a judge with the information needed to determine whether sufficient evidence exists to continue legal proceedings against the accused.

Who Uses This Court Form?

The arresting or reporting officer completes the probable cause statement based on evidence collected at the scene. A notary public must certify the statement through an oath. This oath can be taken in person or by phone under Wisconsin law. Courts and judges then review the statement before making their probable cause determination.

Required Information on the Statement

Officers must provide the following information when filling out this form:

• Full legal name, date of birth, and identifying details for the arrested person
• Statutory numbers for each alleged offense listed in the complaint
• A detailed account of the facts and circumstances that led to the arrest
• Whether the alleged victim gave consent to the listed offenses
• A formal request for the court to make a judicial determination of probable cause

How to Fill Out the Form Step by Step

Follow these steps to complete the Wisconsin probable cause statement correctly:

1. Identify the arrested person. Enter the full legal name, date of birth, address, and physical description in the header fields of the form.
2. List the offenses charged. Include the statutory number for each offense from the Wisconsin Statutes. Indicate whether any alleged victim consented to the listed conduct.
3. Write the probable cause narrative. Describe in detail the observations and evidence that led to the arrest. Include specific dates, times, locations, and the officer's factual basis for the arrest decision.
4. Sign the statement under oath. The reporting officer must swear to the accuracy of the statement before a notary public. Wisconsin law permits this oath by telephone when necessary.
5. File the completed form with the court. Submit the document to the appropriate Wisconsin circuit court. The court will schedule a probable cause hearing based on the submitted statement.

Frequently Asked Questions

What happens after the form is submitted to court?

A judge reviews the statement and decides whether probable cause exists to continue the case. If the court finds probable cause, legal proceedings move forward. If not, the court may order the release of the arrested person or set bail conditions based on the circumstances.

What is the legal basis for this court form?

This form is governed by §970.01 Wisconsin Statutes and reflects the protections of the Fourth Amendment of the US Constitution. It ensures that individuals arrested without a warrant have their cases reviewed promptly by a court for a proper determination of probable cause.

Can this form be completed online?

Yes. You can fill out the form using an online PDF editor, save the completed document, and print it for signing and filing. For related court forms, see the probable cause statement form and the arrest report form. You can also browse other Wisconsin state forms for additional government documents.