AB43: Bill Text

Analysis by the Legislative Reference Bureau

Under current law, a court may authorize a search warrant that allows a law enforcement officer to search and seize anything that is the fruit of, or has been used in, the commission of a crime or that may constitute evidence of a crime, if the court finds probable cause to believe that the search will yield evidence of the crime.

This bill allows a court, upon finding probable cause, to authorize a search warrant that allows a law enforcement officer to search and seize anything that is the fruit of, or has been used in, the commission of a crime or of a civil violation of the prohibitions against driving while having a prohibited alcohol concentration or while under the influence of an intoxicant, a controlled substance, a controlled substance analog, or any combination of an intoxicant, a controlled substance, and a controlled substance analog.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB43,1 Section 1. 968.13 (1) (b) of the statutes is amended to read:

AB43,2,2 968.13 (1) (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.

AB43,2 Section 2. 968.13 (1) (c) of the statutes is amended to read:

AB43,2,5 968.13 (1) (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.

AB43,3 Section 3. 968.23 of the statutes is amended to read:

AB43,2,8 968.23 Forms. The following forms for use under this chapter are illustrative and not mandatory:

AB43,2,9 STATE OF WISCONSIN,

AB43,2,10 .... County.

AB43,2,11 AFFIDAVIT OR COMPLAINT.

AB43,2,12 In the .... court of the .... of ....

AB43,2,22 A. B., being duly sworn, says that on the .... day of ...., A. D., .... (year), 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 an offense to wit: (describe crime offense) committed in violation of section .... of the Wisconsin statutes).

AB43,2,24 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).

AB43,3,4 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.

AB43,3,5 (Signed) A. B.

AB43,3,6 Subscribed and sworn to before me this .... day of ...., .... (year)

AB43,3,7 ...., Judge of the .... Court.

AB43,3,8 STATE OF WISCONSIN,

AB43,3,9 .... County.

AB43,3,10 SEARCH WARRANT.

AB43,3,11 In the .... court of the .... of ....

AB43,3,13 THE STATE OF WISCONSIN, To the sheriff or any constable or any peace officer of said county:

AB43,3,25 Whereas, A. B. has this day complained (in writing) to the said court upon oath that on the .... day of ...., A. D., .... (year), 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 an offense, to wit: (describe crime offense) committed in violation of section .... of the Wisconsin statutes) and prayed that a search warrant be issued to search said premises for said property.

AB43,4,5 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.

AB43,4,6 Dated this .... day of ...., .... (year)

AB43,4,7 ...., Judge of the .... Court.

AB43,4,8 ENDORSEMENT ON WARRANT

AB43,4,9 Received by me ...., .... (year), at .... o'clock ....M.

AB43,4,10 ...., Sheriff (or peace officer)

AB43,4,11 RETURN OF OFFICER

AB43,4,12 State of Wisconsin

AB43,4,13 .... Court,

AB43,4,14 .... County.

AB43,4,17 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.

AB43,4,18 Dated this .... day of ...., .... (year)

AB43,4,19 ...., Sheriff (or peace officer)

AB43,4,20 (End)