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., 19.., in said county, in and upon certain premises in the (city, town or village) of .... in said county, occupied by .... and more particularly described as follows: (describe the premises) there are now located and concealed certain things, to wit: (describe the things to be searched for) (possessed for the purpose of evading or violating the laws of the state of Wisconsin and contrary to section .... of the Wisconsin statutes) (or, which things were stolen from their true owner, in violation of section .... of the Wisconsin statutes) (or, which things were used in the commission of (or may constitute evidence of) a crime to wit: (describe crime) committed in violation of section .... of the Wisconsin statutes).
The facts tending to establish the grounds for issuing a search warrant are as follows: (set forth evidentiary facts showing probable cause for issuance of warrant).
Wherefore, the said A. B. prays that a search warrant be issued to search such premises for the said property, and to bring the same, if found, and the person in whose possession the same is found, before the said court (or, before the .... court for .... county), to be dealt with according to law.
(Signed) A. B.
Subscribed and sworn to before me this .... day of ...., 19...
...., Judge of the .... Court.
STATE OF WISCONSIN,
.... County.
SEARCH WARRANT.
In the .... court of the .... of ....
THE STATE OF WISCONSIN, To the sheriff or any constable or any peace officer of said county:
Whereas, A. B. has this day complained (in writing) to the said court upon oath that on the .... day of ...., A. D., 19.., in said county, in and upon certain premises in the (city, town or village) of .... in said county, occupied by .... .... and more particularly described as follows: (describe the premises) there are now located and concealed certain things, to wit: (describe the things to be searched for) (possessed for the purpose of evading or violating the laws of the state of Wisconsin and contrary to section .... of the Wisconsin statutes) (or, which things were stolen from their true owner, in violation of section .... of the Wisconsin statutes) (or which things were used in the commission of (or, may constitute evidence of) a crime, to wit: (describe crime) committed in violation of section .... of the Wisconsin statutes) and prayed that a search warrant be issued to search said premises for said property.
Now, therefore, in the name of the state of Wisconsin you are commanded forthwith to search the said premises for said things, and if the same or any portion thereof are found, to bring the same and the person in whose possession the same are found, and return this warrant within 48 hours before the said court (or, before the .... court for .... county), to be dealt with according to law.
Dated this .... day of ...., 19...
...., Judge of the .... Court.
INDORSEMENT ON WARRANT
Received by me ...., 19.., at .... o'clock ....M.
...., Sheriff (or peace officer)
RETURN OF OFFICER
State of Wisconsin
.... Court,
.... County.
I hereby certify that by virtue of the within warrant I searched the within named premises and found the following things: (describe things seized) and have the same now in my possession subject to the direction of the court.
Dated this .... day of ...., 19...
...., Sheriff (or peace officer)
968.24
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 demand the name and address of the person and an explanation of the person's conduct. Such detention and temporary questioning shall be conducted in the vicinity where the person was stopped.
968.24 History
History: 1993 a. 486.
968.24 Annotation
Suspicious behavior of driver and passenger justified detention. State v. Goebel, 103 W (2d) 203, 307 NW (2d) 915 (1981).
968.24 Annotation
Defendant's flight from police officer may, using totality of circumstances test, justify warrantless investigatory stop. State v. Jackson, 147 W (2d) 824, 434 NW (2d) 386 (1989).
968.24 Annotation
Actions suggesting to reasonable police officer that individual is attempting to flee is adequately suspicious to support investigatory stop. State v. Anderson, 155 W (2d) 77, 454 NW (2d) 763 (1990).
968.24 Annotation
See note to Art. 1, Sec. 11, citing State v. Richardson, 156 W (2d) 128, 456 NW (2d) 830 (1990).
968.24 Annotation
Terry rule applies once person becomes valid suspect even though encounter was initially consensual; if circumstances show investigation is not complete, suspect does not have right to terminate it. State v. Goyer, 157 W (2d) 532, 460 NW (2d) 424 (Ct. App. 1990).
968.24 Annotation
When a person's activity may constitute either a civil forfeiture or crime, investigative stop may be performed. State v. Krier, 165 W (2d) 673, 478 NW (2d) 63 (Ct. App. 1991).
968.25
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.
968.25 History
History: 1993 a. 486.
968.25 Annotation
Investigatory stop-and-frisk for sole purpose of discovering suspect's identity was lawful under facts of case. State v. Flynn, 92 W (2d) 427, 285 NW (2d) 710 (1979).
968.25 Annotation
Stop and frisk was not unreasonable search and seizure. State v. Williamson, 113 W (2d) 389, 335 NW (2d) 814 (1983).
968.25 Annotation
This section permits officer to search passenger compartment of vehicle for weapons where individual who recently occupied vehicle is stopped under 968.24 and officer "reasonably suspects that he or another is in danger of physical injury". State v. Moretto, 144 W (2d) 171, 423 NW (2d) 841 (1988).
968.25 Annotation
Terry tempered or torpedoed? The new law of stop and frisk. Lewis. WBB Aug. 1988.
968.255(1)(a)3.
3. Taken into custody under
s. 938.19 and there are reasonable grounds to believe the child has committed an act which if committed by an adult would be covered under
subd. 1. or
2.
968.255(1)(a)4.
4. Arrested for any misdemeanor not specified in
subd. 2., any other violation of state law punishable by forfeiture or any local ordinance if there is probable cause to believe the person is concealing a weapon or a thing which may constitute evidence of the offense for which he or she is detained.
968.255(1)(b)
(b) "Strip search" means a search in which a detained person's genitals, pubic area, buttock or anus, or a detained female person's breast, is uncovered and either is exposed to view or is touched by a person conducting the search.
968.255(2)
(2) No person may be the subject of a strip search unless he or she is a detained person and if:
968.255(2)(a)
(a) The person conducting the search is of the same sex as the person detained, unless the search is a body cavity search conducted under
sub. (3);
968.255(2)(b)
(b) The detained person is not exposed to the view of any person not conducting the search;
968.255(2)(c)
(c) The search is not reproduced through a visual or sound recording;
968.255(2)(d)
(d) A person conducting the search has obtained the prior written permission of the chief, sheriff or law enforcement administrator of the jurisdiction where the person is detained, or his or her designee, unless there is probable cause to believe that the detained person is concealing a weapon; and
968.255(2)(e)
(e) A person conducting the search prepares a report identifying the person detained, all persons conducting the search, the time, date and place of the search and the written authorization required by
par. (d), and provides a copy of the report to the person detained.
968.255(3)
(3) No person other than a physician, physician assistant or registered nurse licensed to practice in this state may conduct a body cavity search.
968.255(4)
(4) A person who intentionally violates this section may be fined not more than $1,000 or imprisoned not more than 90 days or both.
968.255(5)
(5) This section does not limit the rights of any person to civil damages or injunctive relief.
968.255(6)
(6) A law enforcement agency, as defined in
s. 165.83 (1) (b), may promulgate rules concerning strip searches which at least meet the minimum requirements of this section.
968.255(7)
(7) This section does not apply to a search of any person who:
968.255(7)(a)
(a) Is serving a sentence, pursuant to a conviction, in a jail, state prison or house of correction.
968.255 Annotation
Intrusive searches of the mouth, nose or ears are not covered by (3). However, searches of those body orifices should be conducted by medical personnel to comply with 4th and 5th amendments.
71 Atty. Gen. 12.
968.256
968.256
Search of physically disabled person. 968.256(1)
(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.
968.256(2)
(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.
968.256 History
History: 1979 c. 240.
968.26
968.26
John Doe proceeding. If a person complains to a judge that he or she has reason to believe that a crime has been committed within his or her jurisdiction, the judge shall examine the complainant under oath and any witnesses produced by him or her and may, and at the request of the district attorney shall, subpoena and examine other witnesses to ascertain whether a crime has been committed and by whom committed. The extent to which the judge may proceed in the examination is within the judge's discretion. The examination may be adjourned and may be secret. Any witness examined under this section may have counsel present at the examination but the counsel shall not be allowed to examine his or her client, cross-examine other witnesses or argue before the judge. If it appears probable from the testimony given that a crime has been committed and who committed it, the complaint may be reduced to writing and signed and verified; and thereupon a warrant shall issue for the arrest of the accused. Subject to
s. 971.23, if the proceeding is secret, the record of the proceeding and the testimony taken shall not be open to inspection by anyone except the district attorney unless it is used by the prosecution at the preliminary hearing or the trial of the accused and then only to the extent that it is so used. A court, on the motion of a district attorney, may compel a person to testify or produce evidence under
s. 972.08 (1). The person is immune from prosecution as provided in
s. 972.08 (1), subject to the restrictions under
s. 972.085.
968.26 History
History: 1989 a. 122;
1991 a. 88,
223,
315.
968.26 Annotation
A defendant must be allowed to use testimony of witnesses at a secret John Doe proceeding to impeach the same witnesses at the trial, even if the prosecution does not use the John Doe testimony. Myers v. State, 60 W (2d) 248, 208 NW (2d) 311.
968.26 Annotation
Immunity hearing must be in open court. State ex rel. Newspapers, Inc. v. Circuit Court, 65 W (2d) 66, 221 NW (2d) 894.
968.26 Annotation
Person charged as result of John Doe proceeding has no recognized interest in the maintenance of secrecy in that proceeding. John Doe discussed. State v. O'Connor, 77 W (2d) 261, 252 NW (2d) 671.
968.26 Annotation
No restrictions of the 4th and 5th amendments preclude enforcement of an order for handwriting exemplars directed by presiding judge in John Doe proceeding. State v. Doe, 78 W (2d) 161, 254 NW (2d) 210.
968.26 Annotation
See note to Art. I, sec. 8, citing Ryan v. State, 79 W (2d) 83, 255 NW (2d) 910.
968.26 Annotation
This section does not violate constitutional separation of powers doctrine. John Doe discussed. State v. Washington, 83 W (2d) 808, 266 NW (2d) 597 (1978).
968.26 Annotation
Balance between public's right to know and need for secrecy in John Doe proceedings discussed. In re Wis. Family Counseling Services v. State, 95 W (2d) 670, 291 NW (2d) 631 (Ct. App. 1980).
968.26 Annotation
John Doe judge may not issue material witness warrant under 969.01 (3). State v. Brady, 118 W (2d) 154, 345 NW (2d) 533 (Ct. App. 1984).
968.26 Annotation
When John Doe proceeding is not joint executive and judicial undertaking, procedure does not violate separation of powers doctrine and is constitutional. State v. Unnamed Defendant, 150 W (2d) 352, 441 NW (2d) 696 (1989).
968.26 Annotation
A John Doe judge may issue and seal a search warrant and a district attorney may independently issue a criminal complaint regardless of the existence of the John Doe. A John Doe cannot be used to obtain evidence against a defendant who has already been charged. State v. Cummings, 199 W (2d) 722, 546 NW (2d) 406 (1996).
968.26 Annotation
Limits of judge's authority in presiding over or conducting John Doe proceeding discussed.
76 Atty. Gen. 217.
968.27(1)
(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.
968.27(2)
(2) "Aural transfer" means a transfer containing the human voice at any point from the point of origin to the point of reception.
968.27(3)
(3) "Contents" when used with respect to any wire, electronic or oral communication, includes any information concerning the substance, purport or meaning of that communication.
