What are the search warrant requirements in Wisconsin?
Wisconsin codifies its warrant procedure in Chapter 968 of the Statutes, with state constitutional protection under art. I § 11.
1. Constitutional Foundation
The Fourth Amendment is supplemented by Wis. Const. art. I § 11, which generally tracks federal protection but is enforced independently (State v. Eason). Wisconsin has both followed and departed from federal doctrine in different contexts.
2. Probable Cause & Affidavit
Wis. Stat. § 968.12 requires a sworn affidavit or sworn complaint stating facts establishing probable cause. The warrant must particularly describe the place and items (§ 968.13). Wisconsin applies the Gates totality test. Anticipatory warrants are recognized (State v. Falbo).
3. Who Issues
Section 968.12 authorizes a "judge" — circuit court judges — within whose jurisdiction the property is located. The issuer must be neutral and detached.
4. Execution
Wis. Stat. § 968.14 codifies knock-and-announce: officers may use force to enter only after notice of authority and purpose and refusal. No-knock authorization is permitted upon a showing of danger or destruction (State v. Stevens). Section 968.15 requires execution within 5 days. Nighttime execution is permitted unless restricted by the warrant.
5. Scope & Plain View
Search is limited to areas where listed items could reasonably be hidden. Plain-view seizure is permitted when officers are lawfully present and incriminating nature is immediately apparent (Horton v. California).
6. Exceptions to the Warrant Requirement
Consent, search incident to arrest, exigent circumstances, automobile (Carroll), inventory, protective sweep, and Terry frisk (Wis. Stat. § 968.25).
7. Suppression
Wisconsin recognizes the Leon good-faith exception (State v. Eason) but applies a more rigorous version requiring police to demonstrate a "process used in obtaining the search warrant included a significant investigation and a review by either a police officer trained and knowledgeable in the requirements of probable cause or by a knowledgeable government attorney."
This is legal information, not legal advice.
- Evidence seized via a no-knock warrant without sufficient justification
- Items seized outside the warrant's particular description
- An anticipatory warrant was executed before the triggering condition occurred
- Wis. Stat. § 968.10 et seq.
- Wis. Stat. § 968.12
- Wis. Stat. § 968.14
- Wis. Stat. § 968.15
- U.S. Const. amend. IV
- Wis. Const. art. I § 11
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.