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Home » US Law » 2022 Wisconsin Statutes & Annotations » Criminal Procedure. » Chapter 968 - Commencement of criminal proceedings.

968.17 – Return of search warrant.

968.17 Return of search warrant. (1) The return of the search warrant shall be made within 48 hours after execution to the clerk designated in the warrant. The return shall be accompanied by a written inventory of any property taken. Upon request, the clerk shall deliver a copy of the inventory to the person from […]

968.18 – Receipt for seized property.

968.18 Receipt for seized property. Any law enforcement officer seizing any items without a search warrant shall give a receipt as soon as practicable to the person from whose possession they are taken. Failure to give such receipt shall not render the evidence seized inadmissible upon a trial.

968.19 – Custody of property seized.

968.19 Custody of property seized. Property seized under a search warrant or validly seized without a warrant shall be safely kept by the officer, who may leave it in the custody of the sheriff and take a receipt therefor, so long as necessary for the purpose of being produced as evidence on any trial.

968.20 – Return of property frozen or seized.

968.20 Return of property frozen or seized. (1) Any person claiming the right to possession of property frozen or seized under s. 971.109 or seized pursuant to a search warrant or seized without a search warrant, except for an animal taken into custody under s. 173.13 (1) or withheld from its owner under s. 173.21 […]

968.205 – Preservation of certain evidence.

968.205 Preservation of certain evidence. (1) In this section: (a) “Custody” means actual custody of a person under a sentence of imprisonment, custody of a probationer, parolee, or person on extended supervision by the department of corrections, actual or constructive custody of a person pursuant to a dispositional order under ch. 938, supervision of a […]

968.21 – Search warrant; secrecy.

968.21 Search warrant; secrecy. A search warrant shall be issued with all practicable secrecy, and the complaint, affidavit or testimony upon which it is based shall not be filed with the clerk or made public in any way until the search warrant is executed.

968.22 – Effect of technical irregularities.

968.22 Effect of technical irregularities. No evidence seized under a search warrant shall be suppressed because of technical irregularities not affecting the substantial rights of the defendant. The incorrect identification of a building’s address in a warrant was a technical error and did not render the resulting search unreasonable when the search made was of […]

968.23 – Forms.

968.23 Forms. The following forms for use under this chapter are illustrative and not mandatory: STATE OF WISCONSIN, …. County. AFFIDAVIT OR COMPLAINT. In the …. court of the …. of …. A. B., being duly sworn, says that on the …. day of …., A. D., …. (year), in said county, in and upon […]

968.24 – Temporary questioning without arrest.

968.24 Temporary questioning without arrest. After having identified himself or herself as a law enforcement officer, a law enforcement officer may stop a person in a public place for a reasonable period of time when the officer reasonably suspects that such person is committing, is about to commit or has committed a crime, and may […]

968.25 – Search during temporary questioning.

968.25 Search during temporary questioning. When a law enforcement officer has stopped a person for temporary questioning pursuant to s. 968.24 and reasonably suspects that he or she or another is in danger of physical injury, the law enforcement officer may search such person for weapons or any instrument or article or substance readily capable […]

968.255 – Strip searches.

968.255 Strip searches. (1) In this section: (a) “Detainee” means any of the following: 1. A person arrested for any felony. 2. A person arrested for any misdemeanor under s. 167.30 (1), 940.19, 941.20 (1), 941.23, 941.231, 941.237, 948.60, or 948.61. 3. A person taken into custody under s. 938.19 and there are reasonable grounds […]

968.256 – Search of physically disabled person.

968.256 Search of physically disabled person. (1) In this section, “physically disabled person” means a person who requires an assistive device for mobility, including, but not limited to, a wheelchair, brace, crutch or artificial limb. (2) A search of a physically disabled person shall be conducted in a careful manner. If a search of a […]

968.26 – John Doe proceeding.

968.26 John Doe proceeding. (1b) In this section: (a) “Crime” means any of the following: 1. Any Class A, B, C, or D felony under chs. 940 to 948 or 961. 2. A violation of any of the following if it is a Class E, F, G, H, or I felony: a. Section 940.04, 940.11, […]

968.265 – Lie detector tests; sexual assault victims.

968.265 Lie detector tests; sexual assault victims. (1) In this section, “lie detector” has the meaning given in s. 111.37 (1) (b). (2) If a person reports to a law enforcement officer that he or she was the victim of an offense under s. 940.22 (2), 940.225, 948.02 (1) or (2), or 948.085, no law […]

968.27 – Definitions.

968.27 Definitions. In ss. 968.28 to 968.375: (1) “Aggrieved person” means a person who was a party to any intercepted wire, electronic or oral communication or a person against whom the interception was directed. (2) “Aural transfer” means a transfer containing the human voice at any point from the point of origin to the point […]

968.28 – Application for court order to intercept communications.

968.28 Application for court order to intercept communications. The attorney general together with the district attorney of any county may approve a request of an investigative or law enforcement officer to apply to the chief judge of the judicial administrative district for the county where the interception is to take place for an order authorizing […]

968.30 – Procedure for interception of wire, electronic or oral communications.

968.30 Procedure for interception of wire, electronic or oral communications. (1) Each application for an order authorizing or approving the interception of a wire, electronic or oral communication shall be made in writing upon oath or affirmation to the court and shall state the applicant’s authority to make the application and may be upon personal […]