Point #1: THe US Constitution

Because of the U.S. Constitution, citizens of Wisconsin may only be bound and criminally charged for any crime they commit if either

  1. Probable cause for the charge is found in a preliminary hearing

  2. The item is deemed "transactionally related" to another crime where probable cause exists"

The United States constitution guarantees that in Amendment IV that "….no warrants shall issue, but upon probable cause…" 

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

US Constitution, Amendment IV

In the state of Wisconsin, this has been determined to mean that all citizens have the right to have a preliminary hearing before they are "bound for trial" where probable cause for them committing that crime must be established if they are going to remain in custody and have a criminal trial. 

 

The only way around this is if a charge is deemed to be "transactionally related" to another crime where probable cause exists. 

 

To be "transactionally related", a crime must be part of the same "transaction". 

 

For example, if someone robs a bank and steals a car to get away in the same robbery, probable cause only needs to be found for one of the two crimes. 

 

The other can then also have probable cause found for it or it can simply be deemed part of the same "transaction".

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