Minimum Evidence for Lawful Commands

The following only act to outline a type and amount of evidence required for a Wisconsin officer to recategorize a person from a law abiding resident to possible criminal that can be lawfully confronted.  This is an example, not legal advice or describing how to behave.

Keep in mind an officer without evidence to justify a lawful stop can legally begin an unlawful conversation.  Be aware the officer can collect evidence through that conversation, based on what you say or do, that qualifies performing lawful action toward you.

A minimum amount of evidence must be obtained by an officer prior to lawfully stopping a person for questioning.  The evidence must equate to reasonable suspicion the officer can articulate to the “suspect” prior to stopping them and present before a judge at a future hearing to later justify the action.

968.24Temporary questioning without arrest. 
After having identified himself or herself as a police officer, a law enforcement officer may stop a person in a public place for a reasonable period of time when the officer reasonably suspects that such person is committing, is about to commit or has committed a crime, and may demand the name and address of the person and an explanation of the person’s conduct. Such detention and temporary questioning shall be conducted in the vicinity where the person was stopped.
Statute 968.07 Arrest by a law enforcement officer, requires a higher bar of evidence serving as probable cause for making an arrest.
968.07  Arrest by a law enforcement officer.
(1) A law enforcement officer may arrest a person when:
(a) The law enforcement officer has a warrant commanding that such person be arrested; or
(b) The law enforcement officer believes, on reasonable grounds, that a warrant for the person’s arrest has been issued in this state; or
(c) The law enforcement officer believes, on reasonable grounds, that a felony warrant for the person’s arrest has been issued in another state; or
(d) There are reasonable grounds to believe that the person is committing or has committed a crime.