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Arrest – Legislator’s Exemption

State v. Brian B. Burke, 2002 WI App 291, PFR filed 11/29/02
For Burke: Robert H. Friebert

Issue/Holding:

¶22. We conclude that the members of the Wisconsin Constitutional Convention did not intend to create a legislative privilege from criminal arrest and prosecution when they included article IV, section 15 in the Wisconsin Constitution. The phrase “treason, felony and breach of the peace” in that section was intended to mean “all crimes.” We therefore agree with the trial court that Burke is not privileged from criminal prosecution. Accordingly, the trial court correctly denied his motion for a stay of proceedings.

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