American citizens are primarily protected by the U.S. Constitution, its Bill of Rights, and Federal Civil Rights Statutes.
Federal preemption cascades Federal rights into all states; visible in state constitutions and legislation.
Rule of Law
The term “rule of law” implies all persons, institutions, and government employees are accountable to laws that are put into effect by official proclamation.
Civil Liberties & Civil Rights
Civil liberties protect individuals from government overreach, while civil rights protect individuals from discrimination and ensure equal treatment under the law.
Standards of Conduct
The Wisconsin Ethics Commission administers and enforces a Code of Ethics for public officials.
Oath of Office
An oath of office is taken as an agreement to maintain standards imposed by constitutions of state and federal government. Violating an oath of office in Wisconsin is covered in Wis Leg Chapter 946.
Due Process
Due process is a fundamental right that is relevant to multiple statutes in Wisconsin legislation, however, the core principle itself is constitutional rather than legislative. The definition of due process given by judges changes to a degree and applies to varying circumstances differently.
Wisconsin courts derive due process protections from Article I, Section 1 (inherent rights) and apply the Fourteenth Amendment of the U.S. Constitution.
Fifth Amendment – binds the federal government, stating it cannot deprive any person of “life, liberty, or property, without due process of law”.
Fourteenth Amendment – binds state and local governments, using the same rule to prevent states from depriving any person of due process.
It’s in the U.S. Constitution that the government shall not “deprive any person of life, liberty, or property without due process of law.” This legal guarantee takes two forms: procedural due process and substantive due process.
Substantive due process – Means that the government must give a compelling reason before infringing upon certain fundamental rights, no matter what process is followed. The justice system should be based on fundamental fairness.
Procedural due process – means that the government is required to follow a set of procedures when it attempts to deprive someone of their life, liberty, or property. This means that the government must tell you what’s happening, quickly provide you an opportunity to be heard in court, and provide you with a neutral decision-maker (i.e. a court of law).
Judicial Due Process
Wisconsin Law Enforcement
Law enforcers are required constitutionally to consider due process while interacting with citizens. Suspects are granted due process throughout criminal events. Multiple Wisconsin statutes pertain to law enforcement that do not contain phrase “due process” but are written with consideration of the protections emplaced by due process. Lawful action of an enforcer is only justified by evidence obtained. The actions of an enforcer are also stipulated by the same evidence.
Articulable Facts
Specific concrete details and observations an officer must be able to clearly explain (articulate) to a suspect for justifying a suspicion of criminal activity, that goes beyond a mere hunch or gut feeling, to legally stop, detain or search someone. These facts must be objective enough that a reasonable person could understand them and connect them to potential illegal behavior.
Reasonable Suspicion
Officer must have specific, articulable facts, based on their training and experience, leading them to reasonably believe a person is committing, about to commit, or has committed a crime, justifying a brief stop or detention, even if it’s less than probable cause, requiring more than a hunch but less than proof beyond doubt, often determined by the “totality of the circumstances”.
Probable Cause
The officer has enough clear, reasonable facts and evidence (more than a hunch) to believe a crime has occurred or is occurring, justifying an arrest, search, or seizure. It requires concrete information, not just suspicion, and is determined case-by-case.
More than a Mere Hunch
A legal standard for police stops and searches requires reasonable suspicion based on specific articulable facts. A gut feeling does not justify detaining someone. Officers need concrete reasons supported by evidence to make lawful commands toward a citizen/suspect under the Fourth Amendment. Guessing should not be accepted by a judge as evidence for stopping a person for investigation.
Comparison: Reasonable Suspicion & Probable Cause (Wisconsin)
A core difference between the two is quantity and quality of evidence. Reasonable suspicion requires more than a hunch but less than what qualifies as probable cause. Probable cause needs facts to show a crime likely happened. Probable cause is a higher standard requiring a reasonable belief a crime has occurred, justifying arrests, warrants, and more intrusive actions. Reasonable suspicion sometimes develops into probable cause during an encounter.
Code of Ethics
The International Association of Chiefs of Police (IACP) provides a Code of Ethics applying to officers nationwide. Serves as standards of conduct officers are sworn to uphold, and violations can lead to disciplinary action.
Unreasonable Searches & Seizures
Protection against unreasonable searches and seizures is granted to the public in the Fourth Amendment of the U.S. Constitution and Art 1 Sec 11 of the Wisconsin Constitution. Note, privacy rights differ when the concept of protecting the public becomes part of the equation.
Comparison: Lawful & Unlawful
Things lawful are actions permitted or established by law that are considered law-abiding or legitimate and follow established rules or codes. It implies legitimacy, order, and a commitment to societal structures.
Things unlawful are against a specific written law. Illegal acts are unlawful, civil wrongs or violations of public policy. Not all unlawful acts are illegal such as violating a contract against public policy which is unlawful but not a crime.