Wisconsin Department of Justice Identification Manual - Imprimus ...

Obtaining Fingerprint
Impressions
Impression Quality
The Right to Fingerprint
Fingerprint impressions must be taken carefully to insure that an accurate fingerprint
classification can be obtained by examination of the various patterns. It is necessary
that each focal point (cores, ridge detail and all deltas) be clearly printed in order that
an accurate search of the Automated Fingerprint Identification System can be
performed. This also will provide the best fingerprint image for storage in the
permanent data base of the AFIS. A high quality AFIS data base will increase the
odds for a positive identification for both tenprints on an arrest card and latent prints
lifted from a crime scene. IT IS NECESSARY TO HAVE FINGERPRINT
IMPRESSIONS OF ALL TEN DIGITS AND THESE IMPRESSIONS MUST BE
CLEAR AND DISTINCT. Should one or more of the fingerprints on a card be
found not legible, the contributor will be notified as to the reason why the fingerprint
image(s) were not searched or stored in the AFIS data base. (See Section regarding
technical returns.)
Wisconsin Statute 165.84 (1) states in part, "all persons in charge of law enforcement
agencies shall obtain, or cause to be obtained, the fingerprints . . . of each person
arrested or taken into custody for an offense of a type designated in s. 165.83 (2) (a),
of all persons arrested or taken into custody as fugitives from justice, and
fingerprints . . . of all unidentified human corpses in their jurisdictions . . .
Fingerprints and other identifying data of persons arrested or taken into custody for
offenses other than those designated in s. 165.83 (2) (a) may be taken at the
discretion of the law enforcement agency concerned." (The entire Statute is
reprinted in Section 1.)
There is no dispute over the authority of law enforcement to require positive
identification from an offender in its lawful custody. United States v. Smith, 393 F.
2d 687 (6th Cir.), cert. denied, 393 U.S. 885 (1968); Pearson v. United States, 389 F.
2d 684 (5th Cir. 1968); United States v. Kelly, 55 F. 2d 67 (2d Cir. 1932). His entry
into the criminal justice system, as the U.S. Supreme Court has observed, carries
with it an obligation by the arresting law enforcement agency to know exactly who it
is it holds and must produce at subsequent proceedings. United States v. Krapf, 285
F. 2d 647 (2d Cir. 1961); United States v. Kelly, 55 F. 2d 67 (2d Cir. 1932); United
States v. Laub Baking Co., 283 F. Supp. 217 (D. Ohio 1968). Submission to
fingerprinting in such circumstances may be compelled of the offender should he
refuse or resist compliance. The Supreme Court has noted in such a case the
accuracy of fingerprinting as a positive means of identification is not impaired by an
Wisconsin Department of Justice Identification Manual Obtaining Fingerprint Impressions • 65