reglab/statecodes huggingface dataset:
2023 Wisconsin Statutes & Annotations › Chapter 961 - Uniform controlled substances act. › 961.573 - Possession of drug paraphernalia.

961.573
Possession of drug paraphernalia.
(1)
No person may use, or possess with the primary intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance or controlled substance analog in violation of this chapter. Any person who violates this subsection may be fined not more than $500 or imprisoned for not more than 30 days or both.
(2)
Any person who violates sub. (1) who is under 17 years of age is subject to a disposition under s. 938.344 (2e).
(3)
(a)
No person may use, or possess with the primary intent to use, drug paraphernalia to manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, or store methamphetamine or a controlled substance analog of methamphetamine in violation of this chapter.
(b)
1.
Except as provided in subd. 2., any person who violates par. (a) is guilty of a Class H felony.
2.
Any person who is 18 years of age or older and who violates par. (a) while in the presence of a child who is 14 years of age or younger is guilty of a Class G felony.
History:  1989 a. 121; 1991 a. 39, 140; 1995 a. 27, 77; 1995 a. 448 ss. 312 to 314, 492; Stats. 1995 s. 961.573; 1999 a. 129; 2001 a. 109; 2005 a. 263.
2023 Wisconsin Statutes & Annotations › Chapter 961 - Uniform controlled substances act. › 961.574 - Manufacture or delivery of drug paraphernalia.

961.574
Manufacture or delivery of drug paraphernalia.
(1)
No person may deliver, possess with intent to deliver, or manufacture with intent to deliver, drug paraphernalia, knowing that it will be primarily used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance or controlled substance analog in violation of this chapter. Any person who violates this subsection may be fined not more than $1,000 or imprisoned for not more than 90 days or both.
(2)
Any person who violates sub. (1) who is under 17 years of age is subject to a disposition under s. 938.344 (2e).
(3)
No person may deliver, possess with intent to deliver, or manufacture with intent to deliver, drug paraphernalia, knowing that it will be primarily used to manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack or store methamphetamine or a controlled substance analog of methamphetamine in violation of this chapter. Any person who violates this subsection is guilty of a Class H felony.
History:  1989 a. 121; 1991 a. 39, 140; 1995 a. 27, 77; 1995 a. 448 ss. 315 to 317, 493; Stats. 1995 s. 961.574; 1999 a. 129; 2001 a. 109.
2023 Wisconsin Statutes & Annotations › Chapter 961 - Uniform controlled substances act. › 961.575 - Delivery of drug paraphernalia to a minor.

961.575
Delivery of drug paraphernalia to a minor.
(1)
Any person 17 years of age or over who violates s. 961.574 (1) by delivering drug paraphernalia to a person 17 years of age or under who is at least 3 years younger than the violator may be fined not more than $10,000 or imprisoned for not more than 9 months or both.
(2)
Any person who violates this section who is under 17 years of age is subject to a disposition under s. 938.344 (2e).
(3)
Any person 17 years of age or over who violates s. 961.574 (3) by delivering drug paraphernalia to a person 17 years of age or under is guilty of a Class G felony.
History:  1989 a. 121; 1991 a. 39; 1995 a. 27, 77; 1995 a. 448 ss. 318, 494; Stats. 1995 s. 961.575; 1999 a. 129; 2001 a. 109.
2023 Wisconsin Statutes & Annotations › Chapter 961 - Uniform controlled substances act. › 961.576 - Advertisement of drug paraphernalia.

961.576
Advertisement of drug paraphernalia.
No person may place in any newspaper, magazine, handbill or other publication any advertisement, knowing that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed for use or primarily intended for use as drug paraphernalia in violation of this chapter. Any person who violates this section may be fined not more than $500 or imprisoned for not more than 30 days or both.
History:  1989 a. 121; 1991 a. 140; 1995 a. 448 s. 319; Stats. 1995 s. 961.576.
2023 Wisconsin Statutes & Annotations › Chapter 961 - Uniform controlled substances act. › 961.577 - Municipal ordinances.

961.577
Municipal ordinances.
Nothing in this subchapter precludes a city, village, or town from prohibiting conduct that is the same as that prohibited by s. 961.573 (1) or (2), 961.574 (1) or (2), or 961.575 (1) or (2) or a county from prohibiting conduct that is the same as that prohibited by s. 961.573 (1) or (2), 961.574 (1) or (2), or 961.575 (1) or (2).
History:  1989 a. 121; 1995 a. 448 s. 320; Stats. 1995 s. 961.577; 2003 a. 193; 2005 a. 90, 116; 2007 a. 97.
2023 Wisconsin Statutes & Annotations › Chapter 961 - Uniform controlled substances act. › 961.65 - Possessing materials for manufacturing methamphetamine.

961.65
Possessing materials for manufacturing methamphetamine.
Except as authorized by this chapter, any person who possesses an ephedrine or pseudoephedrine product, red phosphorus, lithium metal, sodium metal, iodine, anhydrous ammonia, or pressurized ammonia with intent to manufacture methamphetamine is guilty of a Class H felony. Possession of more than 9 grams of ephedrine or pseudoephedrine, other than pseudoephedrine contained in a product to which s. 961.01 (20c) (a) or (b) applies, creates a rebuttable presumption of intent to manufacture methamphetamine. In this section, “ephedrine" and “pseudoephedrine" include any of their salts, isomers, and salts of isomers.
History:  2005 a. 14.
2023 Wisconsin Statutes & Annotations › Chapter 961 - Uniform controlled substances act. › 961.67 - Possession and disposal of waste from manufacture of methamphetamine.

961.67
Possession and disposal of waste from manufacture of methamphetamine.
(1)
In this section:
(a)
“Dispose of" means discharge, deposit, inject, dump, spill, leak or place methamphetamine manufacturing waste into or on any land or water in a manner that may permit the waste to be emitted into the air, to be discharged into any waters of the state or otherwise to enter the environment.
(b)
“Intentionally" has the meaning given in s. 939.23 (3).
(c)
“Methamphetamine manufacturing waste" means any solid, semisolid, liquid or contained gaseous material or article that results from or is produced by the manufacture of methamphetamine or a controlled substance analog of methamphetamine in violation of this chapter.
(2)
No person may do any of the following:
(a)
Knowingly possess methamphetamine manufacturing waste.
(b)
Intentionally dispose of methamphetamine manufacturing waste.
(3)
Subsection (2) does not apply to a person who possesses or disposes of methamphetamine manufacturing waste under all of the following circumstances:
(a)
The person is storing, treating or disposing of the methamphetamine manufacturing waste in compliance with chs. 287, 289, 291 and 292 or the person has notified a law enforcement agency of the existence of the methamphetamine manufacturing waste.
(b)
The methamphetamine manufacturing waste had previously been possessed or disposed of by another person in violation of sub. (2).
(4)
A person who violates sub. (2) is subject to the following penalties:
(a)
For a first offense, the person is guilty of a Class H felony.
(b)
For a 2nd or subsequent offense, the person is guilty of a Class F felony.
(5)
Each day of a continuing violation of sub. (2) (a) or (b) constitutes a separate offense.
History:  1999 a. 129; 2001 a. 109; 2005 a. 14 s. 33; Stats. 2005 s. 961.67.
2023 Wisconsin Statutes & Annotations › Chapter 961 - Uniform controlled substances act. › 961.69 - Possession, use, manufacture, distribution, or advertisement of a masking agent.

961.69
Possession, use, manufacture, distribution, or advertisement of a masking agent.
(1)
In this section, “masking agent" means any substance or device that is intended for use to defraud, circumvent, interfere with, or provide a substitute for a bodily fluid in conjunction with a lawfully administered drug test.
(2)
No person may use, or possess with the primary intent to use, a masking agent. Any person who violates this subsection may be fined not more than $500 or imprisoned for not more than 30 days or both.
(3)
No person may deliver, possess with intent to deliver, or manufacture with intent to deliver a masking agent. Any person who violates this subsection may be fined not more than $1,000 or imprisoned for not more than 90 days or both.
(4)
No person may place on an Internet site or in any newspaper, magazine, handbill, or other publication any advertisement knowing that the purpose of the advertisement, in whole or in part, is to promote the sale of a masking agent. Any person who violates this subsection may be fined not more than $500 or imprisoned for not more than 30 days or both.
History:  2015 a. 264; 2021 a. 238 s. 45.
2023 Wisconsin Statutes & Annotations › Chapter 967 - Criminal procedure — general provisions. › 967.01 - Title and effective date.

967.01
Title and effective date.
Chapters 967 to 979 may be referred to as the criminal procedure code and shall be interpreted as a unit. Chapters 967 to 979 shall govern all criminal proceedings and is effective on July 1, 1970. Chapters 967 to 979 apply in all prosecutions commenced on or after that date. Prosecutions commenced prior to July 1, 1970, shall be governed by the law existing prior thereto.
History:  1979 c. 89.
2023 Wisconsin Statutes & Annotations › Chapter 967 - Criminal procedure — general provisions. › 967.02 - Words and phrases defined.

967.02
Words and phrases defined.
In chs. 967 to 979, unless the context of a specific section manifestly requires a different construction:
(1d)
“Bail" means the amount of money set by the court which is required to be obligated and secured as provided by law for the release of a person in custody so that the person will appear before the court in which the person's appearance may be required and that the person will comply with such conditions as are set forth in the bail bond.
(1h)
“Bond" means an undertaking either secured or unsecured entered into by a person in custody by which the person binds himself or herself to comply with such conditions as are set forth therein.
(1p)
“Clerk" means clerk of circuit court of the county including the clerk's deputies.
(1t)
“Court" means the circuit court unless otherwise indicated.
(2)
“Department" means the department of corrections, except as provided in ss. 971.14 and 975.001.
(2m)
“Judge" means judge of a court of record.
(3m)
“Judgment" means an adjudication by the court that the defendant is guilty or not guilty.
(5)
“Law enforcement officer" means any person who by virtue of the person's office or public employment is vested by law with the duty to maintain public order or to make arrests for crimes while acting within the scope of the person's authority.
History:  1971 c. 298; 1977 c. 323, 449; 1979 c. 89; 1989 a. 31; 1993 a. 486; 1995 a. 27; 1997 a. 27; 2009 a. 214; 2015 a. 196.
A John Doe judge is not the equivalent of a court, and a John Doe proceeding is not a proceeding in a court of record. State v. Washington, 83 Wis. 2d 808, 266 N.W.2d 597 (1978).
2023 Wisconsin Statutes & Annotations › Chapter 967 - Criminal procedure — general provisions. › 967.03 - District attorneys.

967.03
District attorneys.
Wherever in chs. 967 to 980 powers or duties are imposed upon district attorneys, the same powers and duties may be discharged by any of their duly qualified deputies or assistants.
History:  1979 c. 89; 2005 a. 434.
2023 Wisconsin Statutes & Annotations › Chapter 967 - Criminal procedure — general provisions. › 967.05 - Methods of prosecution.

967.05
Methods of prosecution.
(1)
A prosecution may be commenced by the filing of:
(a)
A complaint;
(b)
In the case of a corporation or limited liability company, an information;
(c)
An indictment.
(2)
The trial of a misdemeanor action shall be upon a complaint.
(3)
The trial of a felony action shall be upon an information.
History:  1979 c. 291; 1993 a. 112.
2023 Wisconsin Statutes & Annotations › Chapter 967 - Criminal procedure — general provisions. › 967.057 - Prosecution decisions based on contributions to organizations and agencies.

967.057
Prosecution decisions based on contributions to organizations and agencies.
A prosecutor may not, in exchange for a person's payment of money, other than restitution, to any organization or agency, dismiss or amend a charge alleging a criminal offense or elect not to commence a criminal prosecution.
History:  1999 a. 58, 186; 2007 a. 84.
A prosecutor may engage in negotiations relating to a defendant's reimbursement of blood withdrawal expenses, but a prosecutor may not, as a result of a defendant's payment or offer of payment of blood withdrawal expenses, dismiss or amend the charge, citation, or complaint or forego the initiation of a criminal prosecution, action, or special proceeding based on the violation. OAG 11-09.
2023 Wisconsin Statutes & Annotations › Chapter 967 - Criminal procedure — general provisions. › 967.09 - Interpreters may serve by telephone or video.

967.09
Interpreters may serve by telephone or video.
On request of any party, the court may permit an interpreter to act in any criminal proceeding, other than trial, by telephone or live audiovisual means.
History:  Sup. Ct. Order, 141 Wis. 2d xiii (1987); 1987 a. 403.
2023 Wisconsin Statutes & Annotations › Chapter 967 - Criminal procedure — general provisions. › 967.10 - Waiting area for victims and witnesses.

967.10
Waiting area for victims and witnesses.
(1)
In this section:
(a)
“Victim" has the meaning given in s. 950.02 (4).
(b)
“Witness" has the meaning given in s. 950.02 (5).
(2)
If an area is available and use of the area is practical, a county shall provide a waiting area for a victim or witness to use during court proceedings that is separate from any area used by the defendant, the defendant's relatives and defense witnesses. If a separate waiting area is not available or its use is not practical, a county shall provide other means to minimize the contact between the victim or witness and the defendant, the defendant's relatives and defense witnesses during court proceedings.
History:  1997 a. 181.
2023 Wisconsin Statutes & Annotations › Chapter 967 - Criminal procedure — general provisions. › 967.11 - Alternatives to prosecution and incarceration; monitoring participants.

967.11
Alternatives to prosecution and incarceration; monitoring participants.
(1)
In this section, “approved substance abuse treatment program" means a substance abuse treatment program that meets the requirements of s. 165.95 (3), as determined by the department of justice under s. 165.95 (9) and (10).
(2)
If a county establishes an approved substance abuse treatment program and the program authorizes the use of surveillance and monitoring technology or day reporting programs, a court or a district attorney may require a person participating in an approved substance abuse treatment program to submit to surveillance and monitoring technology or a day reporting program as a condition of participation.
History:  2005 a. 25; 2013 a. 20.
2023 Wisconsin Statutes & Annotations › Chapter 967 - Criminal procedure — general provisions. › 967.12 - Electronic filing.

967.12
Electronic filing.
Section 801.18 shall govern the electronic filing of documents in criminal actions. Electronic filing may be made through a custom data exchange between the court case management system and the automated information system used by district attorneys.
History:  Sup. Ct. Order No. 14-03, 2016 WI 29, 368 Wis. 2d xiii.
2023 Wisconsin Statutes & Annotations › Chapter 968 - Commencement of criminal proceedings. › 968.03 - Dismissal or withdrawal of complaints.

968.03
Dismissal or withdrawal of complaints.
(1)
If the judge does not find probable cause to believe that an offense has been committed or that the accused has committed it, the judge shall endorse such finding on the complaint and file the complaint with the clerk.
(2)
An unserved warrant or summons shall, at the request of the district attorney, be returned to the judge who may dismiss the action. Such request shall be in writing, it shall state the reasons therefor in writing and shall be filed with the clerk.
(3)
The dismissals in subs. (1) and (2) are without prejudice.
History:  1993 a. 486.
2023 Wisconsin Statutes & Annotations › Chapter 968 - Commencement of criminal proceedings. › 968.05 - Corporations or limited liability companies: summons in criminal cases.

968.05
Corporations or limited liability companies: summons in criminal cases.
(1)
When a corporation or limited liability company is charged with the commission of a criminal offense, the judge or district attorney shall issue a summons setting forth the nature of the offense and commanding the corporation or limited liability company to appear before a court at a specific time and place.
(2)
The summons for the appearance of a corporation or limited liability company may be served as provided for service of a summons upon a corporation or limited liability company in a civil action. The summons shall be returnable not less than 10 days after service.
History:  1993 a. 112.
Cross-reference:  See s. 973.17 for a provision for default judgment against a corporation.
2023 Wisconsin Statutes & Annotations › Chapter 968 - Commencement of criminal proceedings. › 968.06 - Indictment by grand jury.

968.06
Indictment by grand jury.
Upon indictment by a grand jury a complaint shall be issued, as provided by s. 968.02, upon the person named in the indictment and the person shall be entitled to a preliminary hearing under s. 970.03, and all proceedings thereafter shall be the same as if the person had been initially charged under s. 968.02 and had not been indicted by a grand jury.
History:  1979 c. 291.
2023 Wisconsin Statutes & Annotations › Chapter 968 - Commencement of criminal proceedings. › 968.073 - Recording custodial interrogations.

968.073
Recording custodial interrogations.
(1)
In this section:
(a)
“Custodial interrogation" means an interrogation by a law enforcement officer or an agent of a law enforcement agency of a person suspected of committing a crime from the time the suspect is or should be informed of his or her rights to counsel and to remain silent until the questioning ends, during which the officer or agent asks a question that is reasonably likely to elicit an incriminating response and during which a reasonable person in the suspect's position would believe that he or she is in custody or otherwise deprived of his or her freedom of action in any significant way.
(b)
“Law enforcement agency" has the meaning given in s. 165.83 (1) (b).
(c)
“Law enforcement officer" has the meaning given in s. 165.85 (2) (c).
(2)
It is the policy of this state to make an audio or audio and visual recording of a custodial interrogation of a person suspected of committing a felony unless a condition under s. 972.115 (2) (a) 1. to 6. applies or good cause is shown for not making an audio or audio and visual recording of the interrogation.
(3)
A law enforcement officer or agent of a law enforcement agency conducting a custodial interrogation is not required to inform the subject of the interrogation that the officer or agent is making an audio or audio and visual recording of the interrogation.
History:  2005 a. 60.
Instituting Innocence Reform: Wisconsin's New Governance Experiment. Kruse. 2006 WLR 645.
2023 Wisconsin Statutes & Annotations › Chapter 968 - Commencement of criminal proceedings. › 968.08 - Release by law enforcement officer of arrested person.

968.08
Release by law enforcement officer of arrested person.
A law enforcement officer having custody of a person arrested without a warrant may release the person arrested without requiring the person to appear before a judge if the law enforcement officer is satisfied that there are insufficient grounds for the issuance of a criminal complaint against the person arrested.
History:  1993 a. 486.
2023 Wisconsin Statutes & Annotations › Chapter 968 - Commencement of criminal proceedings. › 968.085 - Citation; nature; issuance; release of accused.

968.085
Citation; nature; issuance; release of accused.
(1)
Nature. A citation under this section is a directive, issued by a law enforcement officer, that a person appear in court and answer criminal charges. A citation is not a criminal complaint and may not be used as a substitute for a criminal complaint.
(2)
Authority to issue; effect. Except as provided in sub. (8), a law enforcement officer may issue a citation to any person whom he or she has reasonable grounds to believe has committed a misdemeanor. A citation may be issued in the field or at the headquarters or precinct station of the officer instead of or subsequent to a lawful arrest. If a citation is issued, the person cited shall be released on his or her own recognizance. In determining whether to issue a citation, the law enforcement officer may consider whether:
(a)
The accused has given proper identification.
(b)
The accused is willing to sign the citation.
(c)
The accused appears to represent a danger of harm to himself or herself, another person or property.
(d)
The accused can show sufficient evidence of ties to the community.
(e)
The accused has previously failed to appear or failed to respond to a citation.
(f)
Arrest or further detention appears necessary to carry out legitimate investigative action in accordance with law enforcement agency policies.
(3)
Contents. The citation shall do all of the following:
(a)
Identify the offense and section which the person is alleged to have violated, including the date, and if material, identify the property and other persons involved.
(b)
Contain the name and address of the person cited, or other identification if that cannot be ascertained.
(c)
Identify the officer issuing the citation.
(d)
Direct the person cited to appear for his or her initial appearance in a designated court, at a designated time and date.
(4)
Service. A copy of the citation shall be delivered to the person cited, and the original must be filed with the district attorney.
(5)
Review by district attorney. If the district attorney declines to prosecute, he or she shall notify the law enforcement agency which issued the citation. The law enforcement agency shall attempt to notify the person cited that he or she will not be charged and is not required to appear as directed in the citation.
(6)
Citation no bar to criminal summons or warrant. The prior issuance of a citation does not bar the issuance of a summons or a warrant for the same offense.
(7)
Preparation of form. The judicial conference shall prescribe the form and content of the citation under s. 758.171.
(8)
Inapplicability to certain domestic abuse cases. A law enforcement officer may not issue a citation to a person for an offense if the officer is required to arrest the person for that offense under s. 968.075 (2).
History:  1983 a. 433; 2005 a. 104.
2023 Wisconsin Statutes & Annotations › Chapter 968 - Commencement of criminal proceedings. › 968.09 - Warrant on failure to appear.

968.09
Warrant on failure to appear.
(1)
When a defendant or a witness fails to appear before the court as required, or violates a term of the defendant's or witness's bond or the defendant's or witness's probation, if any, the court may issue a bench warrant for the defendant's or witness's arrest which shall direct that the defendant or witness be brought before the court without unreasonable delay. The court shall state on the record at the time of issuance of the bench warrant the reason therefor.
(2)
Prior to the defendant's appearance in court after the defendant's arrest under sub. (1), ch. 969 shall not apply.
History:  1971 c. 298; 1993 a. 486.
A bench warrant may be directed to all law enforcement officers in the state without regard to whether the defendant is charged with a violation of a state statute or county ordinance. The form of the warrant should be as suggested by s. 968.04 (3) (a) 7. 62 Atty. Gen. 208.
2023 Wisconsin Statutes & Annotations › Chapter 968 - Commencement of criminal proceedings. › 968.10 - Searches and seizures; when authorized.

968.10
Searches and seizures; when authorized.
A search of a person, object or place may be made and things may be seized when the search is made:
(1)
Incident to a lawful arrest;
(2)
With consent;
(3)
Pursuant to a valid search warrant;
(4)
With the authority and within the scope of a right of lawful inspection;
(5)
Pursuant to a search during an authorized temporary questioning as provided in s. 968.25; or
(6)
As otherwise authorized by law.
NOTE:  See the notes to article I, section 11, of the Wisconsin Constitution.
2023 Wisconsin Statutes & Annotations › Chapter 968 - Commencement of criminal proceedings. › 968.11 - Scope of search incident to lawful arrest.

968.11
Scope of search incident to lawful arrest.
When a lawful arrest is made, a law enforcement officer may reasonably search the person arrested and an area within such person's immediate presence for the purpose of:
(1)
Protecting the officer from attack;
(2)
Preventing the person from escaping;
(3)
Discovering and seizing the fruits of the crime; or
(4)
Discovering and seizing any instruments, articles or things which may have been used in the commission of, or which may constitute evidence of, the offense.
The holding of Gant, 556 U.S. 332 (2009), that  Belton, 453 U.S. 454 (1981), does not authorize a vehicle search incident to a recent occupant's arrest after the arrestee has been secured and cannot access the interior of the vehicle is adopted as the proper interpretation of the Wisconsin Constitution's protection against unreasonable searches and seizures. State v. Dearborn, 2010 WI 84, 327 Wis. 2d 252, 786 N.W.2d 97, 07-1894.
NOTE:  See also the notes to article I, section 11, of the Wisconsin Constitution.
2023 Wisconsin Statutes & Annotations › Chapter 968 - Commencement of criminal proceedings. › 968.13 - Search warrant; property subject to seizure.

968.13
Search warrant; property subject to seizure.
(1)
A search warrant may authorize the seizure of the following:
(a)
Contraband, which includes without limitation because of enumeration lottery tickets, gambling machines or other gambling devices, lewd, obscene or indecent written matter, pictures, sound recordings or motion picture films, forged money or written instruments and the tools, dies, machines or materials for making them, and controlled substances, as defined in s. 961.01 (4), and controlled substance analogs, as defined in s. 961.01 (4m), and the implements for smoking or injecting them. Gambling machines or other gambling devices possessed by a shipbuilding business that complies with s. 945.095 are not subject to this section.
(b)
Anything which is the fruit of or has been used in the commission of any crime or of a violation of s. 346.63 or a local ordinance in conformity therewith.
(c)
Anything other than documents which may constitute evidence of any crime or of a violation of s. 346.63 or a local ordinance in conformity therewith.
(d)
Documents which may constitute evidence of any crime, if probable cause is shown that the documents are under the control of a person who is reasonably suspected to be concerned in the commission of that crime under s. 939.05 (2).
(2)
In this section, “documents" includes, but is not limited to, books, papers, records, recordings, tapes, photographs, films or computer or electronic data.
History:  1971 c. 219; 1979 c. 81; 1995 a. 11, 448; 2015 a. 183.
An adversary hearing is not necessary for the seizure of a limited quantity of obscene material as evidence but is necessary before more than evidentiary copies are seized. State ex rel. Howard v. O'Connell, 53 Wis. 2d 248, 192 N.W.2d 201 (1971).
“Contraband" under sub. (1) (a) is not limited to items that are per se illegal; it also encompasses items used, acquired, or transferred illegally, including money. State v. Jones, 226 Wis. 2d 565, 594 N.W.2d 738 (1999), 97-3306.
Future electronic data generated by a global positioning system (GPS) tracking device is not “electronic data” under the control of the individual as the term is used in sub. (2). State v. Pinder, 2018 WI 106, 384 Wis. 2d 416, 919 N.W.2d 568, 17-0208.
NOTE:  See also the notes to article I, section 11, of the Wisconsin Constitution.
2023 Wisconsin Statutes & Annotations › Chapter 968 - Commencement of criminal proceedings. › 968.135 - Subpoena for documents.

968.135
Subpoena for documents.
Upon the request of the attorney general or a district attorney and upon a showing of probable cause under s. 968.12, a court shall issue a subpoena requiring the production of documents, as specified in s. 968.13 (2). The documents shall be returnable to the court which issued the subpoena. Motions to the court, including, but not limited to, motions to quash or limit the subpoena, shall be addressed to the court which issued the subpoena. Any person who unlawfully refuses to produce the documents may be compelled to do so as provided in ch. 785. This section does not limit or affect any other subpoena authority provided by law.
History:  1979 c. 81, 177; 1983 a. 443 s. 4.
A bank's voluntary surrender of records other than those demanded on the subpoena provided no basis for suppression. State v. Swift, 173 Wis. 2d 870, 496 N.W.2d 713 (Ct. App. 1993).
This section protects the interests of persons whose documents are sought in addition to protecting the interests of the person on whom a subpoena is served. The defendant had standing to challenge subpoenas issued to produce the defendant's bank records. A person has standing to seek judicial intervention when that person has a personal stake in the outcome and is directly affected by the issues in controversy. State v. Popenhagen, 2008 WI 55, 309 Wis. 2d 601, 749 N.W.2d 611, 06-1114.
This section encompasses a motion to suppress documents in violation of this section and to suppress statements directly derived from those documents. The circuit court has discretion to suppress or allow evidence obtained in violation of a statute that does not specifically require suppression of evidence obtained contrary to the statute, depending on the facts and circumstances of the case and the objectives of the statute. State v. Popenhagen, 2008 WI 55, 309 Wis. 2d 601, 749 N.W.2d 611, 06-1114.
If a person were permitted to bring a motion to quash the subpoena for bank documents unlawfully obtained but not permitted to bring a motion to suppress incriminating statements derived directly from the unlawfully obtained bank documents, the person would not get the full benefit of the protections of the statute, and the underlying objectives of the statute would be defeated. State v. Popenhagen, 2008 WI 55, 309 Wis. 2d 601, 749 N.W.2d 611, 06-1114.
Specific statutory authorization was not necessary for a judge to issue an order that authorized the procedures used to track the defendant's cell phone because the order was supported by probable cause. Nonetheless, the order did comply with the spirit of this section and s. 968.12. State v. Tate, 2014 WI 89, 357 Wis. 2d 172, 849 N.W.2d 798, 12-0336.
2023 Wisconsin Statutes & Annotations › Chapter 968 - Commencement of criminal proceedings. › 968.14 - Use of force.

968.14
Use of force.
All necessary force may be used to execute a search warrant or to effect any entry into any building or property or part thereof to execute a search warrant.
Officers acted legally when, armed with a search warrant, they knocked on a door, pushed it open when the defendant opened it two inches, and put the defendant under restraint before showing the warrant. State v. Meier, 60 Wis. 2d 452, 210 N.W.2d 685 (1973).
To dispense with the rule of announcement in executing a warrant, particular facts must be shown in each case that support an officer's reasonable suspicion that exigent circumstances exist. An officer's experience and training are valid relevant considerations. State v. Meyer, 216 Wis. 2d 729, 576 N.W.2d 260 (1998), 96-2243.
Irrespective of whether the search warrant authorizes a “no-knock" entry, reasonableness is determined when the warrant is executed. State v. Davis, 2000 WI App 270, 240 Wis. 2d 15, 622 N.W.2d 1, 99-2537.
There is no blanket exception to the knock and announce requirement for executing warrants. To justify no-knock entry, a reasonable suspicion that knocking and announcing will be dangerous, or futile, or will inhibit the effective investigation of a crime must exist. Richards v. Wisconsin, 520 U.S. 385, 117 S. Ct. 1416, 137 L. Ed. 2d 615 (1997).
NOTE:  See also the notes to article I, section 11, of the Wisconsin Constitution.
2023 Wisconsin Statutes & Annotations › Chapter 968 - Commencement of criminal proceedings. › 968.15 - Search warrants; when executable.

968.15
Search warrants; when executable.
(1)
A search warrant must be executed and returned not more than 5 days after the date of issuance.
(2)
Any search warrant not executed within the time provided in sub. (1) shall be void and shall be returned to the judge issuing it.
Execution of a search warrant is timely if it is in compliance with sub. (1) and if the probable cause that led to its issuance still exists at the time of its execution. The defense has the burden of proof in a timeliness challenge. State v. Edwards, 98 Wis. 2d 367, 297 N.W.2d 12 (1980).
Law enforcement's failure to return an order and inventory within the confines of this section and s. 968.17 did not render the execution of the order unreasonable. The timely return of a warrant is a ministerial duty that does not affect the validity of the search absent prejudice to the defendant. State v. Sveum, 2010 WI 92, 328 Wis. 2d 369, 787 N.W.2d 317, 08-0658.
A search warrant issued for the placement and use of a global positioning system (GPS) tracking device is not a warrant issued “for the purpose of seizing designated property or kinds of property” under ss. 968.12 (1) and 968.13 and is therefore not subject to the requirements of this section or s. 968.17. State v. Pinder, 2018 WI 106, 384 Wis. 2d 416, 919 N.W.2d 568, 17-0208.
2023 Wisconsin Statutes & Annotations › Chapter 968 - Commencement of criminal proceedings. › 968.16 - Detention and search of persons on premises.

968.16
Detention and search of persons on premises.
The person executing the search warrant may reasonably detain and search any person on the premises at the time to protect himself or herself from attack or to prevent the disposal or concealment of any item particularly described in the search warrant.
History:  1993 a. 486.
The defendant had sufficient control and dominion over a car for it to be considered “premises," justifying a search of the defendant. State v. Reed, 156 Wis. 2d 546, 457 N.W.2d 494 (Ct. App. 1990).
The frisk of a person not named in a search warrant during the execution of the warrant was reasonable when occupants of the residence were very likely to be involved in drug trafficking; drugs felt in a pocket during the frisk were lawfully seized when the officer had probable cause to believe that there was a connection between what was felt and criminal activity. State v. Guy, 172 Wis. 2d 86, 492 N.W.2d 311 (1992).
NOTE:  See also the notes to article I, section 11, of the Wisconsin Constitution.
2023 Wisconsin Statutes & Annotations › 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 whom or from whose premises the property was taken and to the applicant for the search warrant.
(2)
An affidavit or complaint made in support of the issuance of the warrant and the transcript of any testimony taken shall be filed with the clerk within 5 days after the date of the execution of any search warrant.
History:  1971 c. 298.
In computing the time within which a search warrant must be returned, the court may exclude the hours between 4:30 p.m. Friday and 8 a.m. Monday. Such a delay would not affect the validity of the search. State v. Meier, 60 Wis. 2d 452, 210 N.W.2d 685 (1973).
The trial court erred in suppressing controlled substances and associated paraphernalia seized pursuant to a search warrant on the ground that a transcript of testimony upon which the warrant was based was not filed within five days of its execution, as required by sub. (2), because: 1) s. 968.22 provides that no evidence seized under a search warrant may be suppressed due to technical irregularities not affecting the defendant's substantial rights; 2) the five-day filing requirement is a ministerial duty, a violation of which does not invalidate a search absent prejudice; and 3) there was no prejudice when the transcript was filed approximately six weeks prior to the filing of the information, before which the defendant was statutorily precluded from making any motion to suppress. State v. Elam, 68 Wis. 2d 614, 229 N.W.2d 664 (1975).
Law enforcement's failure to return an order and inventory within the confines of this section and s. 968.15 did not render the execution of the order unreasonable. The timely return of a warrant is a ministerial duty that does not affect the validity of the search absent prejudice to the defendant. State v. Sveum, 2010 WI 92, 328 Wis. 2d 369, 787 N.W.2d 317, 08-0658.
A search warrant issued for the placement and use of a global positioning system (GPS) tracking device is not a warrant issued “for the purpose of seizing designated property or kinds of property” under ss. 968.12 (1) and 968.13 and is therefore not subject to the requirements of this section or s. 968.15. State v. Pinder, 2018 WI 106, 384 Wis. 2d 416, 919 N.W.2d 568, 17-0208.
2023 Wisconsin Statutes & Annotations › Chapter 968 - Commencement of criminal proceedings. › 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.
2023 Wisconsin Statutes & Annotations › Chapter 968 - Commencement of criminal proceedings. › 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.
2023 Wisconsin Statutes & Annotations › Chapter 968 - Commencement of criminal proceedings. › 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 the building identified by the informant, which was otherwise correctly identified in the warrant. State v. Nicholson, 174 Wis. 2d 542, 497 N.W.2d 791 (Ct. App. 1993).
Mistakes on the face of a warrant were a technical irregularity under this section and the warrant met the 4th amendment standard of reasonableness when, although the warrant identified the car to be searched incorrectly two times, the executing officer attached and incorporated an affidavit that correctly identified the car three times, describing the correct color, make, model, and style of the car along with the correct license plate, and the information was based on the executing officer's personal knowledge from prior encounters. State v. Rogers, 2008 WI App 176, 315 Wis. 2d 60, 762 N.W.2d 795, 07-1850.
NOTE:  See also the notes to article I, section 11, of the Wisconsin Constitution.
2023 Wisconsin Statutes & Annotations › Chapter 968 - Commencement of criminal proceedings. › 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 of causing physical injury and of a sort not ordinarily carried in public places by law abiding persons. If the law enforcement officer finds such a weapon or instrument, or any other property possession of which the law enforcement officer reasonably believes may constitute the commission of a crime, or which may constitute a threat to his or her safety, the law enforcement officer may take it and keep it until the completion of the questioning, at which time the law enforcement officer shall either return it, if lawfully possessed, or arrest the person so questioned.
History:  1993 a. 486.
An investigatory stop-and-frisk for the sole purpose of discovering a suspect's identity was lawful under the facts of the case. State v. Flynn, 92 Wis. 2d 427, 285 N.W.2d 710 (1979).
A stop-and-frisk was not an unreasonable search and seizure. State v. Williamson, 113 Wis. 2d 389, 335 N.W.2d 814 (1983).
This section permits an officer to search the passenger compartment of a vehicle for weapons if an individual who recently occupied the vehicle is stopped under s. 968.24 and the officer reasonably suspects that the officer or another is in danger of physical injury. State v. Moretto, 144 Wis. 2d 171, 423 N.W.2d 841 (1988).
Although Terry, 392 U.S. 1 (1968), provides only for an officer to conduct a carefully limited search of the outer clothing in an attempt to discover weapons that might be used to assault the officer, under the circumstances of this case, the search was properly broadened to encompass the opening of the defendant's purse, which was essentially an extension of her person when the purse was accessible by her. State v. Limon, 2008 WI App 77, 312 Wis. 2d 174, 751 N.W.2d 877, 07-1578.
Terry tempered or torpedoed? The new law of stop and frisk. Lewis. WBB Aug. 1988.
NOTE:  See also the notes to article I, section 11, of the Wisconsin Constitution.
2023 Wisconsin Statutes & Annotations › Chapter 968 - Commencement of criminal proceedings. › 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 physically disabled person requires the removal of an assistive device or involves a person lacking sensation in some portion of his or her body, the search shall be conducted with extreme care by a person who has had training in handling physically disabled persons.
History:  1979 c. 240.
2023 Wisconsin Statutes & Annotations › Chapter 968 - Commencement of criminal proceedings. › 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 enforcement officer may in connection with the report order, request, or suggest that the person submit to a test using a lie detector, or provide the person information regarding tests using lie detectors unless the person requests information regarding tests using lie detectors.
(3)
If a person reports to a district attorney 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 district attorney may do any of the following in connection with the report:
(a)
Order that the person submit to a test using a lie detector.
(b)
Suggest or request that the person submit to a test using a lie detector without first providing the person with notice and an explanation of his or her right not to submit to such a test.
History:  2003 a. 224; 2005 a. 277.
2023 Wisconsin Statutes & Annotations › Chapter 968 - Commencement of criminal proceedings. › 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 or approving the interception of wire, electronic or oral communications. The chief judge may under s. 968.30 grant an order authorizing or approving the interception of wire, electronic or oral communications by investigative or law enforcement officers having responsibility for the investigation of the offense for which the application is made. The authorization shall be permitted only if the interception may provide or has provided evidence of the commission of the offense of homicide, felony murder, kidnapping, commercial gambling, bribery, extortion, dealing in controlled substances or controlled substance analogs, a computer crime that is a felony under s. 943.70, sexual exploitation of a child under s. 948.05, trafficking of a child under s. 948.051, child enticement under s. 948.07, use of a computer to facilitate a child sex crime under s. 948.075, or soliciting a child for prostitution under s. 948.08, or any conspiracy to commit any of the foregoing offenses.
History:  1971 c. 219; 1977 c. 449; 1983 a. 438; 1987 a. 399; 1995 a. 448; 2011 a. 271.
The authorization of a wiretap for offenses not enumerated in this section did not warrant suppression of the evidence obtained from the wiretap when the order included both enumerated and non-enumerated offenses and contained sufficient probable cause for the enumerated offenses, the evidence obtained by wiretap was for enumerated offenses, and charges were brought only for enumerated offenses. State v. House, 2007 WI 79, 302 Wis. 2d 1, 734 N.W.2d 140, 05-2202.
2023 Wisconsin Statutes & Annotations › Chapter 968 - Commencement of criminal proceedings. › 968.32 - Forfeiture of contraband devices.

968.32
Forfeiture of contraband devices.
Any electronic, mechanical, or other intercepting device used in violation of s. 968.31 (1) may be seized as contraband by any peace officer and forfeited to this state in an action by the department of justice under ch. 778.
History:  1979 c. 32 s. 92 (8).
2023 Wisconsin Statutes & Annotations › Chapter 968 - Commencement of criminal proceedings. › 968.33 - Reports concerning intercepted wire or oral communications.

968.33
Reports concerning intercepted wire or oral communications.
In January of each year, the department of justice shall report to the administrative office of the United States courts such information as is required to be filed by 18 USC 2519. A duplicate copy of the reports shall be filed, at the same time, with the office of the director of state courts.
History:  1973 c. 12 s. 37; 1977 c. 187 s. 135; Sup. Ct. Order, 88 Wis. 2d xiii (1979).