2011 Wisconsin Code
Chapter 968. Commencement of criminal proceedings.
968.16 Detention and search of persons on premises.

968.16

968.16 Detention and search of persons on premises. The person executing the search warrant may reasonably detain and search any person on the premises at the time to protect himself or herself from attack or to prevent the disposal or concealment of any item particularly described in the search warrant.

968.16 - ANNOT.

History: 1993 a. 486.

968.16 - ANNOT.

The defendant had sufficient control and dominion over a car for it to be considered "premises," justifying a search of the defendant. State v. Reed, 156 Wis. 2d 546, 457 N.W.2d 494 (Ct. App. 1990).

968.16 - ANNOT.

The frisk of a person not named in a search warrant during the execution of the warrant was reasonable when occupants of the residence were very likely to be involved in drug trafficking; drugs felt in a pocket during the frisk were lawfully seized when the officer had probable cause to believe that there was a connection between what was felt and criminal activity. State v. Guy, 172 Wis. 2d 86, 492 N.W.2d 311 (1992).

968.16 - ANNOT.

Law enforcement's failure to return an order and inventory within the confines of ss. 968.15 and 968.17 did not render the execution of the order unreasonable. The timely return of a warrant is a ministerial duty that does not affect the validity of the search absent prejudice to the defendant. State v. Sveum, 2010 WI 92, 328 Wis. 2d 369; 787 N.W.2d 317, 08-0658.

968.16 - ANNOT.

NOTE: See also the notes to Article I, section 11, of the Wisconsin Constitution.