961.52(1)(b)5.5. Direct that it be served during normal business hours and designate the judge to whom it shall be returned.
961.52(1)(c)(c) A warrant issued pursuant to this section must be executed and returned within 10 days of its date unless, upon a showing of a need for additional time, the court orders otherwise. If property is seized pursuant to a warrant, a copy shall be given to the person from whom or from whose premises the property is taken, together with a receipt for the property taken. The return of the warrant shall be made promptly, accompanied by a written inventory of any property taken. The inventory shall be made in the presence of the person executing the warrant and of the person from whose possession or premises the property was taken, if present, or in the presence of at least one credible person other than the person executing the warrant. A copy of the inventory shall be delivered to the person from whom or from whose premises the property was taken and to the applicant for the warrant.
961.52(1)(d)(d) The judge who has issued a warrant shall attach thereto a copy of the return and all papers returnable in connection therewith and file them with the clerk of court for the county in which the inspection was made.
961.52(2)(2)The pharmacy examining board and the department of justice may make administrative inspections of controlled premises in accordance with the following provisions:
961.52(2)(a)(a) For purposes of this section only, “controlled premises” means:
961.52(2)(a)1.1. Places where persons authorized under s. 961.32 (1m) to possess controlled substances in this state are required by federal law to keep records; and
961.52(2)(a)2.2. Places including factories, warehouses, establishments and conveyances in which persons authorized under s. 961.32 (1m) to possess controlled substances in this state are permitted by federal law to hold, manufacture, compound, process, sell, deliver or otherwise dispose of any controlled substance.
961.52(2)(b)(b) When authorized by an administrative inspection warrant issued pursuant to sub. (1), an officer or employee designated by the pharmacy examining board or the department of justice, upon presenting the warrant and appropriate credentials to the owner, operator or agent in charge, may enter controlled premises for the purpose of conducting an administrative inspection.
961.52(2)(c)(c) When authorized by an administrative inspection warrant, an officer or employee designated by the pharmacy examining board or the department of justice may:
961.52(2)(c)1.1. Inspect and copy records relating to controlled substances;
961.52(2)(c)2.2. Inspect, within reasonable limits and in a reasonable manner, controlled premises and all pertinent equipment, finished and unfinished material, containers and labeling found therein, and, except as provided in par. (e), all other things therein, including records, files, papers, processes, controls and facilities bearing on violation of this chapter; and
961.52(2)(c)3.3. Inventory any stock of any controlled substance therein and obtain samples thereof.
961.52(2)(d)(d) This section does not prevent entries and administrative inspections, including seizures of property, without a warrant:
961.52(2)(d)1.1. If the owner, operator or agent in charge of the controlled premises consents;
961.52(2)(d)2.2. In situations presenting imminent danger to health or safety;
961.52(2)(d)3.3. In situations involving inspection of conveyances if there is reasonable cause to believe that the mobility of the conveyance makes it impracticable to obtain a warrant;
961.52(2)(d)4.4. In any other exceptional or emergency circumstance where time or opportunity to apply for a warrant is lacking; or
961.52(2)(d)5.5. In all other situations in which a warrant is not constitutionally required.
961.52(2)(e)(e) An inspection authorized by this section shall not extend to financial data, sales data, other than shipment data, or pricing data unless the owner, operator or agent in charge of the controlled premises consents in writing.
961.52 HistoryHistory: 1971 c. 219; 1983 a. 538; 1985 a. 29; 1993 a. 482; 1995 a. 448 s. 294; Stats. 1995 s. 961.52; 2017 a. 4.
961.53961.53Violations constituting public nuisance. Violations of this chapter constitute public nuisances under ch. 823, irrespective of any criminal prosecutions which may be or are commenced based on the same acts.
961.53 HistoryHistory: 1971 c. 219; Sup. Ct. Order, 67 Wis. 2d 585, 775 (1975); 1995 a. 448 s. 295; Stats. 1995 s. 961.53.
961.54961.54Cooperative arrangements and confidentiality. The department of justice shall cooperate with federal, state and local agencies in discharging its responsibilities concerning traffic in controlled substances and in suppressing the abuse of controlled substances. To this end, it may:
961.54(1)(1)Arrange for the exchange of information among governmental officials concerning the use and abuse of controlled substances;
961.54(2)(2)Coordinate and cooperate in training programs concerning controlled substance law enforcement at local and state levels;
961.54(3)(3)Cooperate with the bureau by establishing a centralized unit to accept, catalog, file and collect statistics, including records of drug dependent persons and other controlled substance law offenders within the state, and make the information available for federal, state and local law enforcement purposes. It shall not furnish the name or identity of a patient or research subject whose identity could not be obtained under s. 961.335 (7); and
961.54(4)(4)Conduct programs of eradication aimed at destroying wild or illicit growth of plant species from which controlled substances may be extracted.
961.54 HistoryHistory: 1971 c. 219, 336; 1975 c. 110; 1995 a. 448 s. 296; Stats. 1995 s. 961.54.
961.55961.55Forfeitures.