What is a John Doe investigation anyway?

The news is full of references to an ongoing John Doe investigation concerning the activities of persons connected to Gov. Scott Walker while he served as Milwaukee County executive. John Doe, in this context, does not refer to a person; it is a legal proceeding.
The John Doe proceeding is an institution sanctioned by long usage since Wisconsin’s territorial days.1 The provisions of Wis. Stat. section 968.26 currently define the scope of a John Doe proceeding in Wisconsin, which is intended as an independent, investigatory tool to ascertain whether a crime has been committed and if so, by whom.
The goal is to allow the judge to determine whether it appears probable from the testimony given that a crime has been committed, and whether to file a complaint. But the proceedings are also designed to protect innocent citizens from the fallout of frivolous prosecutions.2
As the Wisconsin Supreme Court stated in 1889: “When [the John Doe] statute was first enacted the common-law practice was for the magistrate to issue the warrant on a complaint of mere suspicion, and he was protected in doing so. This was found to be a very unsafe practice. Many arrests were made on groundless suspicion, when the accused were innocent of the crime and there was no testimony whatever against them. This statute was made to protect citizens from arrest and imprisonment on frivolous and groundless suspicion.”3
Unlike normal criminal proceedings, which can be initiated if there is probable cause to believe a person has violated the law, John Doe proceedings help law enforcement develop the evidence necessary to establish the very existence of probable cause.



My name is Bill Henshall. I also have a YouTube Channel with more videos called Win in Court at this link:

https://www.youtube.com/channel/UCMujwEGS39UHmNDwA-_SJxw

I have Constitutional Defense Document Packets and my COVID anti-vaccine, rent and mortgage relief packets. Information on all my Packets are available on request. You can e-mail me at: [email protected]