Search Warrant Affidavit Form from Wisconsin

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Search Warrant Affidavit Form from Wisconsin Powered By Docstoc
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 968. 0 1 COMM E NC EM EN T O F CRIMINAL PROCEED I NG S                                                                4038




                                                      CHAPTER 968

                                  COMMENCEMENT OF CRIMINAL PROCEEDINGS
96801              Complaint.                                     968. . 20 . Return of property seized .
96802              Issuance and filing of complaints .      96821               Search warrant ; secrecy..
9 6 8 . . 0 .3     Dismissal or withdrawal of complaints:. 968 .22              Effect of technical irregularities .
96804              Warrant or summons on complaint .              968 . . 2 .3 Forms. .
96805              Corporations: summons in criminal cases .. 96824 Temporary questioning without arrest .
96 8 . .0 6 .      Warrants and summons upon indictment . .       968 . 25 Search during temporary questioning
96807              Arrest by a law enforcement officer . 968,26 John Doe proceeding.
968 .08            Release by law enforcement officer of arrested 968 . 27 Definitions.s
                    person ,                                      968 ..28 . Application for court order to intercept
968 10            Searches and seizures; when authorized .                       communications ..
96 8 ll            Scope of search incident to lawful attest,     968 ..29 Authorization for disclosure and use of
968 12                  h
                  Search warrant ; defined; issuance .                           intercepted wire or o ral communications , "
968 13            Search warrant ; property subject to seizure ,  968 . 30 Procedure _ for interception of wire or oral
968 14            Use of force.                                                  communications:.
968 15            Search warrants; when executable,           968 .31           Interception and disclosure of wire or oral
968 16            Detention and search of persons on pzemisess                   communications prohibited
96 8 1 7         .Return of search warrant ,                      968 .32 ' Forfeiture of contraband devices
96,8..18          Receipt for seized property .        96833                    Reports concerning intercepted wire or oral
968 19            Custody of property seized. .                  -               communications



968 .01 Complaint . The complaint is a writ-                          (2) An unserved warrant or summons shall, at
ten statement of the essential facts constituting                  the request of ` the district attorney, be returned
the offense charged. It may be made on infor-                      to the judge who may dismiss the action.. Such
mation and belief . It shall- be made upon oath                    request shall be in writing, it shall state the rea-
before a district attorney or judge as provided                    sons :therefor in writing and shall be filed with
in this chapter .                                                  the clerk.
 968 . 02 Issuance and filing of complaints.                                              s
                                                                     (3) ; The dismissals in subs . (1) and (2) are
(1) Except as otherwise provided in this section,                  without prejudice .
a complaint charging a person with an offense
shall be issued only by a district attorney of the                  968 .04 Warrant or summons on com-
county where thee crime is alleged to have been                    plaint . (1) WARRANTS, If it appears from the
committed . A complaint is issued when it is ap-                   complaint, : or from an affidavit or affidavits
proved for' filing by the district attorney : The                  filed with the complaint or after an examination
approval shall be in the form of a written in-                     under oath of the complainant or witnesses,
dorsement on the complaint.                                                           e
                                                                   when the. judge determines that this is neces-
   (2) After a complaint has been issued, it shall                 sary, that there is probable cause to believe that
be filed with a judge and either a warrant or                      an offense has been committed and that the ac-
summons shall be issued or' the complaint shall                    cused has committed it, the , judge shalll issue a
be dismissed, pursuant to s . 968„03 Such filing                   warrant for the arrest of the defendant or a
commences the action . .                                           summons in lieu thereof: The warrant or sum-
   (3) If a district attorney refuses or is unavaila-              mons shall: be delivered forthwith to a law en-
ble to issue a complaint,, a county judge may                      forcement officer for service .,
permit the filing of'a complaint, if he finds there                    (a) When an accused has been arrested with-
is probable cause to believe that the person to be                 out a warrant and is in custody or appears volun-
chargedlays c,~,mmitted an offense after conduct-                  tarily before a judge, no warrant shall be issued
ing ahearing . Where the district atx4tney has                     and the complaint shall be filed forthwith with
refused to issue a complaint, he shall be in-                      a judge .
formed of the hearing and may attend .. The hear-                      (b) A warrant or summons may be issued by
ing shall be ex paste without the right of' cross-
                                                                   a ,judge in another county when there is no avail-
examination . .
                                                                   able judge of the county in which the complaint
968. 03 Dismissal or w ithdra wal of com-                          is issued ., The warrant shall be returnable before
plaints. (1) If the ,judge does not find probable                  a judge in the county in which the offense al-
cause to believe that an offense has been com-                     leged in the complaint was committed, and the
mitted or that the accused has committed it, he                    summons shall be returnable before the county
shall indorse such finding on the complaint and                    court of the county in which the offense alleged
file the complaint with the clerk .                                in the complaint was committed .
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 4039                                               C O M M EN CE M E NT O F C R I M IN AL PR OCEE D I NG S 9 6 8. 0 4


    (2) SUMMONS (a) In any case the district at-                cause exists that the crime was committed by the
 torney, after the issuance of a complaint, may                 defendant(S).
 issue a summons in lieu of requesting the issu-                 You are, therefore, commanded to arrest the
 ance of a warrant . The complaint shall then be               defendant(s) and br i ng . . . . before me, or, if I am
 filed with the clerk .                                        not available, before some other , judge of this
   (b) In misdemeanor actions where the maxi-                  county..
mum imprisonment does not exceed 6 months,                        Dated . .,. , 19 . : .
                                    s
the , judge shall issue a summons instead of a                                                    , . . .(Signature)
warrantt unless he believes that the defendant                                                             ., . . . (Title)
will not appear in response to a summons ,                        8 .. The complaint and warrant may be on the
   (c) If a person summoned fails to appear in                 same form . . The warrant shall be beneath the
response to a summons issued by a district attor-              complaint. If separate forms are used, a copy of
ney, the district attorney may proceed to file the             the complaint shall be attached to the warrant ..
complaint as provided in s . 968 02 and, in addi-                 (b) Summons.. 1 .. The summons shall com-
tion to indorsing his approval on the complaint,               mind the defendant to appear before a court at
shall indorse upon the complaint the fact that                 a certain time and place and shallbe in substan-
the accused failed to respond to a summons . .                 tially the form set forth in par . (a).
  (3) MANDATORY PROVISIONS. (a) Warrant                           2 . A summons may be served anywhere in the
   e
The warrant shall :                                            state and it shall be served by delivering a copy
         1 . Be in writing and signed' by the judge . .        to the defendant personally or by leaving a copy
        2 . State the name of the crime and the section               s
                                                               at his usual place of abode with a person of
  charged and number , of the section alleged to               discretion residing therein or by mailing a copy
  have been violated..                                         to the defendant's last-known address. It shall ' be
        3 .. Have attached to it a copy of the complaint , .   served by a law enforcement officer .
        4. State the name of the person to be arrested,           3 . The summons shall be in substantially the
  if known, or if not known, designate the person              following form:
 to be arrested by any description by which he      h                    a . When issued by a , judge:.
 can be identified with reasonable certainty ..                STATE OF WISCONSIN, .
        5 . State the date when it was issued and the          . . . .. . County "
 name of the judge who issued it together with                 State of Wisconsin
 the title of his office .
                                                                            Vs.
        b . Command that the person against whom                . ... (Defendant) .
 the complaint was made be arrested and brought                THE STATE OF WISCONSIN TO SAID DE-
 before the judge issuing the warrant, or, if ' he is          FENDANT :
 absent or ' unable to act, before some other judge
                                                                  A complaint, copy of which is attached, hav-
 in the same county, Judges in counties having
                                                               ing been filed with me accusing the defendant of
 more than one judge may issue rules for proce-
                                                               committing the crime of . . . contrary to see .. . . :. . ,
 dures to be followed in determining the , judge
                                                               Stats:, and I having found that probable cause
before whom the initial appearance shall be
                                                               exists that the cr i me was committed by the de-
made, except that in counties having a popula-
                                                               fendant.
tion of more than .50Q000, the initial appearance
of a defendant charged with a felony not triable
                              d                                   You, . . :, are, therefore; summoned to appear
in the county court of such county shall be in a               before Branch ., ., . of the , . . court of,_ County
criminal branch of the circuit court if such court             at the courthouse in the City of : . ..' to answer said
is in session .                                                complaint, on . . . . , 19. ., , at_. I o'clock in the
       7 . The warrant shall be in substantially the           noon, - and in case of your failure to appear, a
following form :g                                              warrant for your arrest will be issued .
STATE OF WISCONSIN,                                              Dated , . ., 19 . .
. . . . County                                                                                       (Signature)
State of Wisconsin                                                                                     . . . (Title)
     Vs .                                                        b . When issued by a distr ict attorney :
 , ; (Defendant)                                               STATE OF WISCONSIN,
THE STATE OF WISCONSIN TO ANY                                         County
LAW ENFORCEMENT OFFICER : -                                    St ate of Wisconsin
  A complaint, copy of which is attached, hav-                         Vs . .
ing been filed with me accusing, the defendant,                 , . . (Defendant) .
of committing the crime of ., contrary to sec .                THE STATE OF WISCONSIN TO SAID DE-
     Stats . , and I having found that probable                FENDANT:
                        Electronically scanned images of the published statutes.
 968 .04 COMM E NC EM EN T O F C RI MIN AL PROCEEDINGS                                                           4040


        A complaint, copy of which is attached, hav-                  (a) He has a warrant commanding that such
ing been made before me accusing the defendant                     person be arrested ; or
of committing the crime of", :,. contrary to sec.                     (b) H e believes, on reasonable grounds, that a
. . . . ., Stats                                                   warrant for the person's arrest has been issued
        You, ., .; are, therefore, summoned to appear              in this state; or
before Branch, . of'the . . . . . court of ., ., County              `(c) He believes, on reasonable grounds, that a
at the courthouse in the City of . .. . . to answer said           felony warrant for the person's arrest has been
complaint, on . .. , 19 ., at . .. .. . . o'clock in the . . . .   issued in another state ; or
noon, ; and in case of your failure to appear, a                     (d) There are reasonable grounds to believe
warrant for your arrest may be issued ., . .                       that the person is committing or has committed
        D ated . . ., 19 . . .                                     a crime.
                                 . . . (Signature)                   (2) A law enforcement officer making a lawful
                              District. Attorney                   arrest may command the aid of any person, and
   4,. The complaint and summons may be on the                     such person shall have the same power as that of
same form . The summons shall be beneath the                       the law enforcement officer .
complaint. If separate forms, are used, a copy of
the complaint shall be attached to the summons .                   968 .08 Release by law enforcement of-
   (4) SERVICE,, (a) The warrant shall be di-                      ficer of arrested person . A law enforcement
rected to all law enforcement officers of the                      officer having custody of a person arrested
state .. A warrant may be served anywhere in the                   without a warrant may release the person ar-
state.                                                             rested without requiring him to appear before a
   (b) A warrant, is served by arresting thee de-                  judge if the law enforcement officer is satisfied
fendant and informing him as soon as practica-                     that there are insufficient grounds for the issu-
ble of the nature of the crime with which he is                    ance of a criminal complaint against the person
changed.                                                           arrested,
   (c) An arrest may be made by a law enforce-                     968.10 Searches and seizures ; when au -
ment officer without,a warrant in his possession                   thorized . A search of' a person, object or place
when he has knowledge that a warrant has been                      may be made and things may be seized when
issued. . In such case, the officer shall inform the               the search is made :
defendant as soon as practicable of the nature of
                                                                      (1) Incident to a lawful arrest;
the crime with which he is charged :
                                                                      (2) With consent;
   (d) The law enforcement officer arresting a
defendant shall indorse upon the warrant the                          (3) Pursuant to a valid search warrant ;
time `and place of the arrest and his fees and                        (4) With the authority and within the scope of
mileage therefor' .                                                a right of" lawful inspection ;
                                                                       (5) Pursuant to a search during an authorized
 968 . 05. Corporations : summons in crim i-                       temporary questioning as provided in s. 968 ..25 ;
 nal cases . (1) W hen a corporation is charged                    OT'
 with the commission of a criminal offense, the                      (6) As otherwise authorized by law .
,judge or district attorney shalll issue a summons
setting forth the nature of the offense and com-                   968 . 11 Scope of search incident to lawful
manding the corporation to appear before a                         arrest. When a lawful arrest' is made, a law
court at a specific time and place,                                enforcement officer may reasonably search the
   (2) The summons for the appearance of a cor-                    personr arrested and an area within such per-
poration may be served as provided for service                     son's immediate presence for, the purpose of' :
of a summons upon a corporation in a civil ac-                       (1) Protecting the officer from attack;
tion The summons shall be returnable not less                        (2) Preventing the person from escaping ;
than 10 days after service .                                         (3) Discovering and seizing the fruits of the
   Cross Reference: See 973 17 for provision for default
judgme nt against a corporation.                                   crime; OS'
                                                                     (4) D iscovering and seizing any instruments,
968. 06 Warrants and summons upon in -                             articles or things which may have been used in
dictment. A judge shall .issue a warrant or a                      the commission of, or which may constitute evi-
summons for a defendant named in an indict-                        dence of, the offense ..
ment by a-grand ,jury . . Section 968,04 (3) Shall
apply to such process,.                                            968 . 12 Search warrant; defined ; issu-
                                                                   ance. (1) A search warrant is an order signed
968 .07 Arrest by a law enforcement of -                           by a judge directing a law enforcement officer
ficer . (1) A law enforcement officer may arrest                   to conduct a search of a designated person, a
a person when :                                                    designated object or a designated place for the
                  Electronically scanned images of the published statutes.
 4041                                       COMM E NCE M EN T O F C R I MIN A L PROCEE DINGS 968.22


 purpose of seizing designated property or kinds       or from whose premises the property was taken
 of property, and to deliver any property so           and to the applicant for the search warrant .
 seized to the clerk designated in the warrant . A
 judge shall issue a search warrant if probable        968 . 18 Receipt for seized property. Any
 cause is shown . . The warrant shall be based upon   law enforcement officer seizing any items with-
 sworn complaint or affidavit, or testimony re-       out a search warrant shall give a receipt as soon
 corded by a phonographic reporter, showing           as practicable to the person from whose posses-
 probable cause therefor, The complaint, affida-      sion they are taken. Failure to give such receipt
 vit or testimony may be upon information and         shall not tender- the evidence seized inadmissi-
 belief.                                              ble upon a trial :
   (2) A search warrant may authorize a search
to be conducted anywhere in the state and may         968. 19 Custody of property seized . Prop-
                                                      erty seized under a search warrant or validly
be executed pursuant to its terms anywhere in
                                                      seized without a warrant shall be safely kept by
the state
                                                      the officer, who may leave it in the . custody of
968 . 13 Search warrant; property subject             the sheriff and take a receipt . therefor, so long as
to seizure. A search warrant may authorize            necessary for the purpose of being produced as
the seizure of the following. .                       evidence on any trial .
   (1) Contraband, which includes without limi-
                                                      968 . 20 Return of property seized . (1)
tation because of enumeration lottery tickets,
                                                      Any personn claiming the right to possession of
gambling machines or other gambling devices,
                                                      property seized pursuant to a search warrant or
lewd, obscene or indecent written matter, pic-
                                                      seized withoutt a search warrant may apply for
tures, sound recordings or motion picture films,
                                                      its return to the county court for the county in
forged money or written instruments and the
tools, dies, machines or materials for making         which the property was seized or where the
them, and narcotic drugs and the implements for       search warrant was returned, The court shall
smoking or injecting them .                           order such notice as it deems adequate to be
                                                      given the district attorney and al l persons who
   (2) Anything which is the fruit of, has been
used in the commission of, or which may consti-       have or, may have an interest in the property
tute: evidence of any crime .. .                      and shall hold a hearing to hear all claims to its
                                                      true ownership . . If the right to possession is
968 . 14 Use of force . All necessary, force          proved to the court's satisfaction, it shall order,
may be used to execute a search warrant or to         the property, other than contraband, returned
effect any entry into any building or property or     if
part thereof to execute a search warrant .               (a) The property is not needed as evidence or,
                                                      if needed, satisfactory arrangements can be
968. 15 Search warrants ; when executa-
                                                      made for its return for subsequent use as evi-
ble. (1) A search warrant must be executed and
                                                      dence; or
returned not more than 5 days after the date of
issuance:                                               (b) All proceedings in which it might be re-
                                                      quired have been completed.
   (2) Any searc h warrant not execu ted within
the time provided in sub,. (1) shall be void and        (2) Property not required for evidence: or use
shall, be returned to the judge issuing it .          in further investigation, unlesss contraband, may
                                                      be returned by the officer to the person from
968 . 16 Detention and search of persons              whom it was seized without the requirement of
on premises . The person executing the search         a hearing .
warrant may reasonably detain and search any
personn on the premises at the time to protect        968 .21 Search warrant; secrecy. A search
himself from attack or to prevent the disposal        warrant shall be issued with all practicable se-
or concealment of any item particularly de-           crecy, and the complaint, affidavit or testimony
scribed in the search warrant .                       uponn which it is based shall not be filed with
                                                      the clerk or made publicc in any way until the
968 .17 Return of search warrant. The re-             search warrant is executed . .
turn of the search warrant shall be made within
48 hours after execution to the clerk designated      968. 22 Effect of technical irregularities.
in the warrant,. The return shall ; be accompa-       No evidence seized under a search warrant
nied by a written inventory of any property           shall be suppressed because of technical irregu-
taken:. . Upon request, the clerk shall deliver a     larities nott affecting the substantial rights of the
copy of the inventory to the person from whom         defendant..
                        Electronically scanned images of the published statutes.
 968 .23' C OMM EN CEM E NT O F C R I MINA L PRO CEE D I N GS                                                                    4042


 968 .23 Forms . The following forms for use                      W isconsin statutes) (or which things were used
 under this chapter are illustrative and not man-                 in the commissionn of (or, may constitute evi-
 datory :                                                         dence of) a crime, to wit : (describe crime) com-
 STATE OF WISCONSIN,                                              mitted in violation of section . . . . . of'the Wiscon-
   County.                                                        sin statutes) and prayed that a search warrant be
 AFFIDAVIT OR COMPLAINT, .                                        issued to search said premises for said property .,
 In the . . . . court of the . . ., of_
                                      ,                             Now, therefore, in the name of the state of
   A .. B . , being duly sworn, says that on the . . . .          Wisconsin you aree commanded forthwith to
day of .. . .., A . D , , 19 . , , in said county, in and         search the said premises for said things, and if'
upon certain premises in the (City, town or vil-                  the same or any portion thereof are found, to
lage) of , . ., . in said county, occupied by . . . , and         bring the same and the person in whose posses-
more particularly described as follows: (describe                 sion the same are found, and return this warrant
the premises) there are now located and con-                      within 48 hours before the said court (or, before
cealed certain things, to wit: (describe the things               the . .. . . court for . . . .county), to be dealt with
to be searched for) (possessed for the purpose of                 according to law .
evading or violating the laws of the state of Wis-                  Dated this .. ., day of . . . . ., 19 .. .
consin and contrary to section , . . . of the Wiscon-                                          . . . . ., Judge of the . ., . Court . .
sin statutes) (or, which things were stolen from
                                                                     {    IND ORSEMENT ON WA RRANT
their true owner, in violation of section . . . of the
Wisconsin statutes) (or, which things were used                      Received by me,,,,, 19 ., at , . . . o'clock . . :, .M .
in the commission - of (or may constitute evi-                                          Sheriff (Or peace officer)
dence of) a crime to wit: (descr ibe crime) com-
mitted in violation of section__ of the Wiscon-                                    RETURN O F OFFICER
sin statutes).
   The facts tending to establish the grounds for                 State of Wisconsin
issuing a search warrant are as follows : (set forth               . . . Court,
                                                                  . . : . . Cou nty.
evidentiary facts showing probable cause for is-      e
                                                                     I hereby cer tify that by virtue of the within
suance of warrant) .
                                                                  warrant I searched the within named premises
   Wherefore, the said A. B , prays that a search                 and found the following things : ( Describe things
warrant be issued to search such premises for the                 seized) and have the same now in my possession
said property, and to bring the same,, if found,                  subject to the direction of the court,
and the person in whose possession the same is
                                                                                                  .,
                                                                    Dated this . . ., day of__ 19. . .
found, before . the said court (or, before the
                                                                                      . .'.. ., Sheriff (Ox' peace officer)
court for, .,,, county), to be dealt with according
to law .                                                          968 . 24 Temporary questioning without
                                                                                        y
                                            (Signed) A . B .      arrest . After having identified himself as a law
   Subscribed and sworn to before me this, .. . . . day           enforcement officer, a law enforcement officer
of ., , 19. . .                                                   may stop a person in a public place for a rea-
                        , . . . . , Judge of the . . . Court.     sonable period of time when the officer reasona-
STATE OF WISCONSIN,                                               bly suspects that such person is committing, is
. . . . County.                                                   about to commit or has committed a crime, and
SEARCH WARRANT .                                                  may demand the name and address of the per-
In the . ., ., court of the _ of,.,,,,                            son and an explanation of his conduct, Such
THE STATE OF WISCONSIN, to the sheriff'                           detention and temporary questioning shall be
or any constable : or any peace officer of said                   conducted in the vicinity where the person was
county :                                                          stopped . .
      Whereas, A . B , has this day complained (In
writing) to the said court upon oath that on the                   968. 25 Search durin g temporary ques-
. .: : day of . . . .:, A. D. , 19 . . , in said county, in and   tioning. When a law enforcement officer has
upon certain premises in the (city, town or vil-                  stopped a person for temporary questioning
lage) of . . . in said county, occupied by . . ., . . . . and     pursuant to s. 968 24 and reasonably suspects
more particularly described as follows : (describe                that he or another is in danger of physical in-
the premises) there are now located and con-                      .jury, he may search such person for weapons or
cealed certain things, to wit : (describe the things              any instrument or article or substance readily
to be searched for) (possessed for the purpose of                 capable of causing physical injury and of` a sort
evading or violating the laws of the state of Wis-                not ordinarily carried in public places by law
consin and contrary to section__ of the Wiscon-                   abiding persons . I f he finds such a weapon or
sin statutes) (or, which things were stolen from                  instrument ; or any other property possession of'
their true owner, in violation of section ' . .. ._ of the        which he reasonably believes may constitute the
                  Electronically scanned images of the published statutes.
 4043                                        C OMM E NCE M E N T O F CRIMIN AL PROCEEDING S 968.28


 commission of a crime, or which may constitute            (a) Any telephone or telegraph instrument,
 a threat . to his safety, he may take it and keep it    equipment or facilities, or any component
 until the completion of ' the questioning, at which     thereof, which is :
 time he shall either return it, if lawfully pos-           1 . Furnished to the subscriber or user by a
 sessed, or arrest the person so questioned .            communications common carrier in the ordi-
                                                         nary course of its business and being used by the
 968 . 26 John Do e proc eeding . If a person            supsciiber or user in the ordinary course of'its
 complains to a judge that he has reason to be-          business; or
 lieve that a crime has been committed within
                                                           2.. B eing used by a communications carrier, in
 his jurisdiction, the judge shall examine the
                                                         the ordinary course of its business, or by a law
 complainant under oath and any witnesses pro-
                                                         enforcement officer in the ordinary course of'his
 duced by him and may, and at the request of
                                                        duties .
 the district attorney shall, subpoena and exam-
 ine other witnesses to ascertain whether a crime          (b) A hearing aid or similar device being used
 has been committed and by whom committed .             to correct subnormal hearing to not better than
 The extent to which the ,judge may proceed in          normal,
 such examination is within his discretion.. The           (4) "I nvestigative or law enforcement officer"
 examination may be adjourned and may be se-            means any officer of'th is state or political subdi-
 cret,. Any witness examined under this section         vision thereof, who is empowered by the laws of
 may have counsel present at the examination            this state to conductinvestigations of or, to make
but such counsel shall not be allowed to exam-          arrests for offenses enumerated in this chapter
ine his client, cross-examine other witnesses or        [ss., 968,28 to 968 . .33], and any attorney author-
argue before the judge . Ifit appears probable          ized by law to prosecute or participate in the
from the testimony given that a crime has been          prosecution of such offenses ..
committed and who committed it, the com-                  (5) "Contents" when used with respect to any
plaint shall be reduced' to writing and signed          wire or oral communication, includes any infor-
and verified; and thereupon a warrant shall is-         mation concerning the identity of the parties to
sue for the arrest of the accused . Subject to s..      such communication or the existence, substance,
971 .23, the record of such proceeding and the          purport or meaning of that communication ..
testimony taken shall not be open to inspection           (6) "Aggrieved person" means a person who
by anyone except the district attorney unless it        was a par ty to any intercepted wire or' oral com-
is used by the prosecution at the preliminary           munication or a person against whom the inter-
hearing or the trial of the accused and then only       ception was directed .
to the extent that it is so used.                         (7) "Judge" means the judge sitting at the
                                                        time an application is made under s . 968„30 or
 968 .27 `Definitions. As used in ss . 968,28 to        his successor.
 968 . .34 :
    (1) "Wire communication" means any com-              968. 28 Application for court order to in -
 munication made in whole or in part through the        tercept communications . The attorney gen-
 use of facilities for the transmission of communi-     eral togetherr withh the district attorney of any
 cations by the aid of wire, cable, microwave or        county may approve a request of an investiga-
other like connection between the point of origin       tive or law enforcement officer to apply to the
and the point of reception furnished or operated        circuit court in the co unty where the intercep-
by any person engaged as a public utility in pro-       tion'is to take place for an order authorizing or
viding 'or operating such facilities for the trans-     approving the interception of wire or oral conn-
mission ' of intrastate, interstate or foreign com-     munications . In counties having more than one
munications .                                           branch of the circuit court the application shall
    (2) " `Oral': communication" means any oral         be made only to the lowest numbered branch
communication uttered by a person exhibiting            having criminal jurisdiction. Thejudge of such
an expectation that such communication is not           court may under s: . 968.30 grant an order au-
subject to interception under circumstances ,jus-       thorizing or, approving the interception of wire
tifying such expectation . .                            or oral communications by investigative or law
    (3) "Intercept" means the aural acquisition of      enforcement officers having responsibility for
the contents of any wire or oral communication          the investigation of the offense for which the
through the use of any electronic, mechanical or        application is made . The authorization shall be
other device..                                          permitted only when such interception may
   (3m) "Electronic, mechanical, or other de-           provide or has provided evidence of the com-
vice" means any device or apparatus which can           mission of the offense of murder, kidnapping,
be used to inter cept a wire or oral communica-         commercial gambling, bribery, extortion and
tion other than :                                       dealing in narcotics or dangerous drugs or, any
                    Electronically scanned images of the published statutes.
968 .28 C OMMEN CE MENT O F C R I MINA L P R O CEE DINGS                                                  4044


conspiracy to commit any of the foregoing of-              968 . 30 Procedure for interception of w ire
fenses:                                                    or oral communications. (1) Each application
                                                           for an order authorizing or approving the inter-
 968 . 29 Authorization for disclosure and                 ception of a wire or oral communication shall
 use of intercepted wire or oral communica-               be made in writing upon oath or affirmation to
 tions. (1) Any investigative or law enforcement           the court andd shall state the applicant'ss author-
 officer who, by any means authorized by ss,               ity to make such application and may be upon
 968 .28 to 968,34 or 18 USC 119, has obtained            personal knowledge .or information and belief ;,
 knowledge of the contentss of any wire or oral            Each applicationn shall include the following in-
 communication, or evidence derived therefrom,            formation :
 may disclose such contents to another investiga-            (a) The identity, of" thee investigativee or, law
 tive or law enforcement officer only to the ex-          enforcement officer making the application, and
tent that such disclosure is appropriate to the           the officers . authorizing the application .
proper performance of the official duties of the             (b) A full and complete statement of'the facts
officer making or receiving the disclosure .              and circumstances relied upon by the applicant,
    (2) Any investigative or law enforcement of-          to ,justify his belief that an order should be is-
ficer who, by any means authorized by ss, 968,28          sued including :
to 968:344 or 18 USC 119, has obtained knowl-                 1 . Details of the particular offense that has
edge of the contents of any wire or, oral commu-          been, is being, or is about to be committed ;
nication or evidence derived therefrom may use               2 . A particular description of the nature and
such contents only to the extent such use is ap-          location of the facilities from which or the place
propriate to the proper performance of"his offi-          where the communication is to be intercepted ;
cial duties .                                                3 . A par ticular, description of the type of com-
    (3) Any person who has received, by any               munications sought to be intercepted ; and
means authorized by ss, 968 .28 to 968,34 or 18              4 . The identity of the person, if known, com-
USC 119 or by a like statute of any other state,          mitting the offense and whose communications
any information concerning a wire or oral com-            are to be intercepted .,
munication or evidence derived therefrom inter-              (c) A full and complete statementt whether, or
cepted in accordance with ss . 968 .28 to 968 . .34,      nott other investigative procedures have been
may disclose the contents of that communica-              tried and failed or why they .ieasonably appear
tion or such derivative evidence only whilee giv-         to be unlikely to succeed if tried or to be too
ing testimony under' oath or affirmation in any           dangerous
proceeding in any cour t or before any magistrate            (d) A statement of the period of time .e for
or grand,jury in this state, or in any court of the       which the interception is required to be main-
United States or of any state, or in any federal          tained . If the nature of'the investigation is such
or state grand jury proceeding .                          that the authorization for interception should
    (4) No otherwise privileged wire or oral com-         not automatically terminate when the described
munication intercepted in accordance with, or in          type of communication has been obtained, a par-
violation of, ss . 968 28 to 968 .34 or 18 USC 119,       ticular description of facts establishing probable
shall lose its privileged character .                     cause to believe that additional communications
    (5) W hen an investigative or law enforcement         for the same type will occur thereafter .
officer, while engaged in intercepting wire or               (e) A full and complete statement of the facts
oral communications in the manner authorized,             concerning alll previous applications known to
intercepts wire or oral communications relating           the individual authorizing and making the appli-
to offenses other than those specified in the or-         cation, made to any court for authorization to
der of authorization or approval, thee contents           intercept, or for approval of interceptions of,
thereof, and evidence derived therefzom, may be           wire or, oral communications involving any of
disclosed or, used as provided in subs . (1) and (2), .   the same persons, facilities or places specified in
Such contents and any evidence derived there-             the application, and the action taken by the
from mayy be used under sub, (3) when author-             co urt on each such application ; and
ized or, approved by the judge who acted on the              (f) Where the application is for the extension
original application where such judge finds on            of an or'der', a statement setting forth the results
subsequent application, made as soon as practi-           thus far obtained from the interception, or a
cable but no later than 48 hours, that the con-           reasonable explanation of the failure to obtain
tents were otherwise intercepted in accordance            suchh results, _
with ss, 968 .28 to 968 :344 or 18 USC 119 or by            (2) The court may require the applicant- to
a . like statute                                          furnish additional testimony or documentary
                  Electronically scanned images of the published statutes.

 4045                                        C OMM EN CEMENT O F CR I MIN A L PRO CE EDING S 968.30


  evidence under oath or, affirmation in support of      the authorizing judge deems necessary to
  the application . Oral testimony shall be reduced                   e
                                                         achieve the purposes for which it was granted
  to writing .                                           and in no event for longer than 30 days .. Every
      (3) Upon such application the court may enter      order' and extension thereof shall contain a pro-
  an ex pane order, as requested or as modified,         vision that the author ization to intercept shall be
  authorizing or approving interception of wire or       executed as soon as practicable, shall be con-
  oral communications, if the court determines on        ducted in such a way as to minimize the inter-
  the basis of the facts submitted by the applicant      ception of communications not otherwise sub-
  that all of the following exist :                      ject to interception under this chapter, and must
      (a) There is probable cause for belief that an     terminate upon attainment of the author i zed ob-
  individual` is committing, has committed, or is        jective, or in any event in 30 days .
  about to commit a par ticular offense enumer-               (6) Whenever an order authorizing intercep-
 ated in s. 968 .28 .                                    tion is entered pursuant to ss . 968 28 to 968 . . 34,
     (b) There is probable cause for belief that par-    the order may require reports to be made to the
 ticular communications concerning that offense          court which issued the order showing what
 will be obtained through such interception .            progress has been made toward achievement of
     (c) Other ' investigative procedures have been      the authorized objective and the need for contin-
 tr ied and have failed or reasonably appear to be       ued interception. Such reports shall be made at
 unlikely to succeed if tried or to be too danger-       such intervals as the court requires .
 ous . .                                                      (7) (a) The contents of any wire or oral com-
     (d) There is probable cause for belief' that the    munication intercepted by any means author-
 facilities from which, or the place where, the          ized by this chapter [ss 968,28 to 968 . .33] shall ,
 wire or oral communications are to be inter-            if' possible, be recorded on tape or wire or other
 cepted are being used, or, are about to be used,        comparable device:. The recording of the con-
 in connection with the commission of such of-           tents of any wire or ' oral communication under
 fense, or ' are leased to, listed in the name of, or    this subsection shall be done in such way as will
 commonly, used by such person ,                        protect the recording from editing or other alter-
     (4) Each order , authorizing or approving the      ations Immediately upon the expiration of the
                            e
 interception of any wire or oral communication         per iod of the orde r or extensions thereof all such
 shall specify :                                        recordings and records of an intercepted wire or
     (a) The identity of the person, if known,          oral communication shall be filed with the court
 whose communications are to be intercepted ;                    g
                                                        issuing such order and the court shall order ' the
     (b) The nature and location of the communi-        same to be sealed. Custody of the recordings and
 cations facilities which, or the place where au-       records shall be wherever the judge handling the
 thority to intercept is granted and the means by       application shall order . They shall not be de-
 which such interceptions shall be made;                stroyed except upon an order of the issuing or
     (c) A particular description of the type of        denying judge and in any event shall be properly
 communication sought to be intercepted and a           kept , and preserved for 10 years . Duplicate re-
 statement of the pa rticular offense to which it       cordings and other records may be made for use
relates ;                                               or disclosure pursuant to the provisions for in-
     (d) The identity of the agency author ized: to
                                    y                   vestigations under s , 968,29 (1) and (2) . The
intercept the communications and of the person          presence of the seal pr ovided for by this subsec-
authorizing the application ; and                       tion, of a satisfactory explanation for, the ab-
    (e)' The per i od of time during Which such in-     sence thereof, shall be apret equisite for the use
terception is authorized, including a statement         or, disclosure of the contents of any wire or oral
whether or not the interception shall automati-         communication or evidence der i ved therefrom
cally terminate when the described communica-           under s . 968,29 (3) „
tion has been first obtained                                 (b) Applications made and orders granted un-
    (5) No order entered under this section may         der ss . 968 , 28 to 9168,  together, with all other
authorize or approve the interception of any            papers and records in connection therewith shall
wire or oral communication ` for any period             be ordered sealed by the court . Custody o f the
longer than is necessary to achieve the objective       applications, orders and other . papers and
of the authorization, not in any event longer           records shall be wherever the judge shall order: .
than 30 " days . Extensions of an order may be          Such applications and orders shall be disclosed
granted; but only upon application for an eaten-        only upon a showing of good cause before the
lion made in accordance with sub. (1) and the           judge and shall not be destroyed except on order
court making the findings required by sub. (3) ,        of the issuing or denying judge, and in any event
The period of extension shall be no longer than         shall be kept for 10 years .s
                     Electronically scanned images of the published statutes.                          ~.
 968 . 30 COMMENCEMENT OF CRIMINAL PROCEEDINGS                                                              4046


     (c) Any violation of this subsection may be
                          n                                the order of authorization or approval . Such mo-
  punished as contempt of court. .                         tion, shall be made before the trial, hearing or
     (d) Within a reasonable time but not later            proceeding unless there was no opportunity to
  than 90 days after the filing of an application for      make such motion or the person was not aware
  an order of approval underr par'. (b) which: is          of the grounds of the motion .. If the motion is
  denied or the termination of the period of an
                                          e                granted, the contents of thee intercepted wire or
  order or extensions thereof ; the issuing or deny-       oral communication, or evidence derived there-
  ing, judge shall cause to be served on the persons       from, shall be treated as having been obtained in
  named in the order or the application and such           violation of ss, 968 .28 to 968 . .34. The judge may,
  other parties to intercepted communications as           upon the filing of such motion by the aggrieved
  the judge determines is in the interest of justice,      person, make available to the aggrieved person
  an inventory which shall include notice of:              or, his counsel for inspection such portions of the
     1 The fact of the entry of the order or the
                                 y                         intercepted communication or evidence derived
  application..                                            therefrom as the judge determines to be in the
    2 . The date of the entry and the ., period of
               e                                           interest of justice .
  author i zed, approved or disapproved intercep-             (b) I n addition to any other right to appeal,
                  e
 tion, or the deniall of the application ,                 the state shall have the rightt to appeal :
     3 . The fact that during the per i od wire or oral       1 .. From an order granting a motion to sup-
 communications were or were not intercepted..             press made under par. (a) if the attorney general
    (e) The judge may, upon the filing of a motion,        or, district attorney certifies to the judge or other
 make available to such person or his counsel for          official granting such motion that the appeal is
 inspection in the manner provided in s . 18 .. 01(2)      not entered for purposes of delay and shall be
  [19 . . 21 (2)] such portions of' the intercepted com-   diligently prosecuted as in the case of other in-
 munications, applications and orders as the               terlocutory appeals or under such rules as the
 judge determines to be in the interest of just ice, .     supreme courtt adopts; or
 On an ex pane showing of good cause to the     e             2, From an order denying an application for
 issuing judge the serving of the inventory re-            an order of authorization or approval, and such
 quired by this subsection may be postponed.. The          an appeal shall be ex parte and shall be in camera
 judge shall review such postponement at the end           in preference to all other :pending: : appeals in ac-
 of 60, days and good cause shall be shown pr ior          cordance with rules promulgated by the su-
 to further postponement ,                                 preme court .
    (8) The contents of any intercepted wire or              (10) Nothing' in this chapter [ss, 968 .:28 to
 oral communication or evidence derived there-             968 . .3 .3} shall be construed to allow the intercep-
 from `shall not be received in evidence or other-         tion of any wire or oral communication between
 wise disclosed in any trial, hearing or other pro-
                                                           an attorney and a client . .
 ceeding in any court of this state unless each
 party, not less than 10 days before the trial,            968 . 31 Interception and d isclosure of
 hear i ng or proceeding, has been furnished with          wire or oral communications prohibited . (1)
 a copy of the court order, and accompanying               Except as otherwise specifically provided in ss .
 application, under which the interception was             968..28 to 968 30, whoever commits any of the
 authorized or approved . This I 0-day period may          acts enumerated in thiss section may be fined not
be waived by the judge if he finds that it was not         more than $10 ;000 or imprisoned not more
possible to furnish the party with the above in-           than' . 5 years or both :
 formation 10 days before the tr ial; hearing or
                                                              (a) Intentionally intercepts, attempts to inter-
 proceeding and that the party will not be preju-
                                                           cept or procures any other person to intercept or
 diced' by the delay in receiving such information
                                                           attempt to intercept, any wire or oral communi-
    (9) (a) Any aggr i eved person in any "trial,
                                                           cation ;
hearing or proceeding in or before any court,
                                                             (b) Intentionally uses,, attempts to use or pro-
department, officer, agency, regulatory body or
                                                           cures any other person to use or attempt to use
other authority of this state, or a political -subdi-
                                                           any electronic, mechanical or other device to
vision- thereof" may move before the trial court
                                                           intercept any oral communication ;
or ` the court granting the or iginal warrant to
suppress the contents ofany intercepted wife of               (c) . D iscloses, or attempts to disclose, to any
oral communication, or evidence der ived there-            other person the contents of any wire or oral
from, on the grounds that 1) the communication             communication, knowing- or having reason to
was unlawfully intercepted ; 2) the order of au-           know that the information was obtained through
thorization or approval under which it was in-             the interception of a wire or- oral communication
tercepted is insufficient on its face ; or 3) the          in violation of this section or under ciicum-
interception was not made in conformity with               stances constituting violation of this section ;
                Electronically scanned images of the published statutes.
4047                                C OMM E N CE M E NT O F C R I M I NA L PROCEED IN GS 968 .33


   (d) Uses, or attempts to use, the contents of United States or of any state or for the purpose
 any wire or oral communication, knowing or of" committing any other injurious act ..
 having reason to know that the information was (d) Any person whose wire or, oral communi-
 obtained through the interception of a wire or cation is intercepted, disclosed or used in viola-
 oral communication in violation of this section tion of this chapter [ss . 968 .28 to 968..33] shalll
or under circumstances constituting violation of 1) have a civil cause of action against any person
this section; or who intercepts, discloses or uses, or procures
   (e) Intentionally disclosesthe contents of any any other person to intercept, disclose, or use,
oral or wire communication obtained by author- such communication,, and 2) be entitled to re-
ity of ss 968 . .28, 968 .29 and 968..30, except as cover from any such person :
therein provided .                            L. Actual damages, but not less than liqui-
   (f) Intentionally alters any wire or oral com- dated damages computed at the rate of $100 a
munication intercepted on tape wire or other day foxeach day of violation or $1,000, which-
device, ever is higher ;
   (2) It is not unlawful under ; ss 968 28 to 968,.- 2. Punitive damages ; and
34 :                                    3 . A reasonable attorney's fee and other litiga-
   (a) For an operator of a switchboard, or an tion costs reasonably incurred,
officer, employe or agent of'any telephone public (e) A good faith reliance on a court order shall
utility, whose facilities are used in the transmis- constitute a complete defense to any civil or
sion of a wire communication to intercept, dis- criminal action brought under this chapter [ss
close or use that communication in the normal 968,28 to 968 .33] .
course of his employment while engaged in any (3) Good faith reliance on a court order or on
activity which is a necessary incident to the ren- S, 968 30 (7) shall constitute a complete defense
dition of his service or to the protection of the to any civil or criminal action brought under this
rights or property of the carrier of such commu- chapter [ss . 968,28 to 968 .33] .
nication, but telephone public utilities shall not
utilize service observing or random monitoring    968 . 32 Forfeiture of contraband devices .
except for mechanical or service quality control Any electronic, mechanical, or other intercept-
checks, ing device used in violation of s 968 .31 (1) may
   (b) For a person acting under color of law to be seized as contraband, by any peacee officer
intercept a wire or oral communication, where and forfeited .to this state in an action by the
such person is a party to the communication or department of ,justice under ch . 288,
one of the parties to the communication has
given prior consent to such interception            968 . 33 Reports concerning i ntercepted
  (c) For a person not acting under color of law wire or, oral communications . I n J anuary of
to intercept a wire or oral communication where each year, the department of justice shall report
such per son is a party to the communication or to the administrative office of the United States
where one of the parties to the communication courts such information as is required to be
has given prior consent to such interception un- filed by 18 USC 25'19 :. A duplicate copy of such
less such communication is intercepted for the reports shall be filed, at the same time, with the
purpose of committing any criminal or tortious office of administrator of courts under s . . 256,-
act in violation of the constitution or laws of the 54 .:

				
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