Search & Seizure

The purpose of this policy is to provide guidelines and a reference source for department personnel conducting searches and seizures.

Policy: Search and Seizure

Author: Chief Joseph M. Hallman

WILEAG Standard: 6.3.12

Issue Date: September 15, 2023

Reviewed Date: April 7, 2026

Revised Date: April 7, 2026

Purpose:

The purpose of this policy is to provide guidelines and a reference source for department personnel conducting searches and seizures.

Policy:

It is the policy of the University of Wisconsin-Platteville Police Department (UWPPD) that officers shall observe the constitutional rights of all citizens. Searches and seizures should be accomplished pursuant to a valid search warrant obtained upon probable cause except when they may be accomplished under one of the clearly recognized exceptions to the warrant requirement and supported by current case law.

Definitions:

1. Search- a search, as defined by the Wisconsin Supreme Court, is the looking into hidden places for contraband, instrumentalities of a crime, fruits of a crime, or evidence of a crime with the intent of charging the individual with an offense. Seizure: 
2. Seizure- the taking of property is limited to contraband, instrumentalities of a crime, fruits of a crime, evidence of a crime, or stolen property.
3. Protective Sweep:  A quick and limited search to protect the safety of police officers or others.  It is confined to a cursory visual inspection of those places a person or weapon might be hidden.
4. Stop:  A temporary detention for questioning based upon reasonable suspicion that the person stopped is committing, has committed, or is about to commit a crime.  The detention must occur in the vicinity of the stop and the stop should be for a reasonable duration.
5. Frisk:  A limited pat-down search for weapons occurring during a valid investigative stop in which the officer reasonably suspects that the person stopped poses a threat of physical injury to the officer or others.

Procedures:

1. Searches and Seizures are Authorized when:
   1. Under Wisconsin law, the search of a person, object or place may be made, and things may be seized, when the search is made pursuant to Wis. Stats. §968.10
      1. Incident to lawful arrest.
      2. With consent.
      3. Pursuant to a valid search warrant.
      4. With the authority and within the scope of a lawful inspection.
      5. Pursuant to a search during an authorized temporary questioning as provided in Wis. Stat. §968.25.
      6. As otherwise authorized by law.
   2. Searches and seizures are also authorized when they are covered by the judicially recognized exceptions to the warrant requirement.
      1. Automobile-probable cause search (Carroll Doctrine)
      2. Inventory searches
      3. Exigent circumstances - hot pursuit
      4. Protective sweep
      5. Terry stop and frisk
   3. There are also permissible searches, which do not involve the Fourth Amendment, when there is no expectation of privacy. These types of searches include:
      1. Open fields
      2. Abandoned property
      3. Dog sniffs in public places
      4. VIN numbers
      5. Open view
      6. Fly-over’s
2. Search Warrants
   1. Requirements for a valid warrant
      1. Be in writing and signed by the issuing judge.
      2. Be directed to a law enforcement officer.
      3. Command that a particular specified place or person be searched.
      4. Particularly describe the subject matter of the search and a detailed description of the evidence being sought.
      5. Order that such articles be brought before the court named in the warrant;
      6. Be dated.
      7. Be based upon a sworn complaint or affidavit showing "probable cause."
      8. Contain accurate and correct information.
   2. Obtaining a search warrant (Reference Appendix A) (6.3.12)
      1. An officer requesting a search warrant must provide sufficient information from which a judge may find probable cause to believe that the objects sought are currently in the location to be searched.
      2. The information must state why the objects sought are subject to lawful seizure.
      3. When obtaining a search warrant, officers may request a "No-Knock" warrant authorizing initial entry to the premises without announcing the officer’s presence.  Such requests should only be made if the officer can present to the magistrate sufficient specific facts that indicate one or more of the following circumstances are present. The Chief of Police or designee must be informed prior to execution of a “No-Knock” warrant.
         1. Information, which establishes that there is reasonable cause to believe evidence may be destroyed if officers announce their presence, such as prior attempts to destroy evidence or information that the suspects have stated their intent or established plans to destroy evidence.
         2. Information, which establishes reasonable cause, to believe there is a danger to officers or others on the premises if officers announce their presence.
         3. Information, which establishes reasonable cause, to believe there is a likelihood of escape if officers announce their presence.
   3. Secrecy of Search Warrants
      1. State Statute directs that search warrants be issued "with all practical secrecy."
      2. Disclosure of information concerning a search warrant prior to its execution is subject to criminal sanction unless disclosure is necessary for its successful service.
   4. Execution of Search Warrants (Reference Appendix A) (6.3.12)
      1. Statute requires that the search warrant must be executed and returned within 5 days of the date of issuance.
      2. Search warrants not executed within 5 days of issuance shall be considered void and returned to the clerk of courts.
      3. An incident report shall be completed after the execution of a search warrant documenting the officer's activities and seizure of any property and/or other evidence.
      4. For any high-risk search warrant, prior to the execution of the search warrant the shift supervisor will assess the need to coordinate the use of an outside agency tactical entry team.
      5. If it is not a "No-Knock" warrant, prior to executing a search warrant officers shall knock and state their identity and purpose and allow a reasonable amount of time for the occupant to permit entry. If the officer notes activity within the premises that reasonably leads him/her to believe that the officer(s) or other persons within the premises are in imminent peril of bodily harm, evidence being destroyed or escape attempted, officer(s) may use reasonable force to immediately enter the premises.  Officers may use "all necessary force" to execute a search warrant. (6.3.12)
      6. Damage, which occurs during the execution of a search warrant, shall be photographed and/or videotaped (with digital camera and/or the use of body worn camera) and documented in an incident report.  Regardless of whether damage occurs, photographs may be valuable in the event that damage claims are made at a later date.
         1. The owner of the building shall be notified as expeditiously as possible if the damage occurs to an entryway and it cannot be secured. Otherwise, a letter shall be sent to the owner upon completion of the case regarding the damage and general case details, unless otherwise restricted.
      7. A person executing a search warrant, "may reasonably detain and search any person on the premises at the time to protect him/herself from attack or to prevent the disposal or concealment of any item particularly described in the search warrant."
      8. While executing a search warrant, officers shall be careful to record a description of and the location from where items were seized.  In addition to a written record, photographs may be used to show the location from which property was seized.  The use of photographs is encouraged and suggested by the District Attorney.
      9. The number of officers conducting the actual search should be limited to ensure that each item seized is properly recorded and a chain of evidence is maintained.
      10. Anything described in a search warrant may be legally seized by an officer.  Officers may search any location, within the parameters established in the warrant, in which an item described in the warrant may reasonably be secreted.
      11. Items not identified in a search warrant may be seized if they meet all of the following requirements:
          1. The evidence must be discovered in the course of a lawful search.
          2. The evidence must be readily recognized as contraband or, in conjunction with facts known to the officer before the search, the officer recognizes property as evidence or the fruits of a crime.
          3. The property was discovered in the physical area properly subject to search by authority of the warrant.
          4. The evidence was found prior to the time that all specifically named items in the warrant were found.
          5. If items do not fall within the above criteria, additional search warrant(s) may be needed.
      12. Officers must terminate the search when all described warrant items are found.
   5. Return of a Search Warrant (6.3.12)
      1. After a search warrant is executed the officer to whom the warrant was directed shall be responsible for returning the warrant to the court designated therein with a written inventory of the property seized.  This must occur within 5 days of the date of issuance and 48 hours of the time of execution of the warrant.
      2. Within 5 days after the execution of the warrant, the officer responsible for obtaining the search warrant shall ensure the affidavit or complaint made in support of the issuance of the warrant is filed with the Clerk of Courts.
3. Searches Without Warrants
   1. Incident to lawful arrest
      1. when a person is lawfully arrested and taken into custody, the officer may conduct a complete search of the person. This search incident to lawful arrest is not limited to a protective pat-down for weapons, nor is it limited to fruits, instrumentalities or evidence of the crime for which the arrest is made, but can be made for any evidence. The officer may also search the area readily accessible to the arrested persons, and any items the suspect has in their possession, including luggage, briefcase, etc.
      2. The search incident to lawful arrest must be made contemporaneously with the arrest. The immediate area may be searched when the person is arrested. If a person is arrested at their home, the officer may not return after booking the suspect to continue a warrantless search.
      3. Courts have declared that the area immediately accessible to an individual is that area within reach of their outspread arms ("wing-span"), or that area immediately surrounding them into which they can "lunge" to reach a weapon or to destroy evidence
      4. Even with this expansion, however, an arrest may not be used as an obvious shortcut to a warrantless search.
   2. Protective sweep
      1. If making an arrest in a home, in addition to a search incident to the arrest, the police may conduct a protective sweep for those areas of the home for which an officer has a reasonable suspicion a confederate may be lurking. This sweep is limited in nature and must be specifically targeted to the finding of people. It is not to be used as a ruse for an investigatory search for evidence.
   3. Hot pursuit
      1. When in pursuit of a suspect wanted for a jailable offence, an officer may enter a home without a warrant if they have probable cause to believe the accused suspect is in the home. This hot pursuit exception is limited to a suspect wanted for a jailable offence (misdemeanor or felony, not ordinance violation) and to a direct pursuit scenario.
   4. Public Property
      1. No search warrant is required for an officer to search public property or seize evidence on public property where no other reasonable expectation of privacy exists.
      2. Examples include public lands or public buildings that have not been leased or otherwise placed under the control of an individual or group.
   5. Open Fields
      1. Contraband or evidence observed on private property that is not considered part of the curtilage of a building or dwelling may be seized without a search warrant.
      2. Officers making such observations may still elect to obtain a search warrant and should weigh the need to immediately seize the items as opposed to obtaining a warrant.  A warrant should be obtained in all cases where there is any doubt as to whether or not the property to be seized is within the curtilage of the property or when officers cannot articulate exigent circumstances demanding immediate seizure.
   6. Private Property Held Open to the Public
      1. No search warrant is required for an officer to seize evidence or contraband in plain view on private property held open to the public.
   7. Plain View
      1. An officer may seize items in plain view when the officer is in a place where s/he has a lawful right to be and there is probable cause to believe that the items to be seized are contraband, evidence of a crime, or the fruits of a crime.
      2. It must be immediately apparent to the officer that the items represent contraband, evidence, or other items subject to seizure.  The officer may not move items, look underneath, inside, or behind items for serial numbers or identifying marks etc.
   8. Vehicle Search
      1. It is preferable to search a motor vehicle under the authority of a warrant whenever it is practical to obtain one.
      2. A motor vehicle may be searched without a warrant if the following conditions exist:
         1. Probable cause to believe that the vehicle contains contraband, evidence of a crime or the fruits of a crime.
         2. The vehicle is capable of being moved quickly so that if the officer does not search immediately, the contraband or evidence could be destroyed or lost.
      3. When officers have probable cause to believe that contraband, evidence or the fruits of a crime are concealed within a vehicle, they may conduct a search of the entire vehicle, including all containers and packages that may conceal the object of the search.  If probable cause is directed at a specific container within the vehicle, the officer shall seize the container and obtain a warrant before searching it.
   9. Stop and Frisk
      1. Wis. Stat. §968.24 provides that an officer, after having properly identified him/herself, "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 explanation of his/her conduct.  Such detention and temporary questioning shall be conducted in the vicinity where the person was stopped."
      2. The following are examples of factors that may be considered in building reasonable suspicion for an investigative stop.
         1. The officer has knowledge that the person has a felony record or a history of police contacts of the nature the officer is investigating.
         2. A person fits the description of a wanted person.
         3. A person exhibits conduct such as fleeing from the presence of an officer or attempting to conceal themselves or an object from view.
         4. A person's physical description is similar to that given in an "attempt-to-locate" for a specific offense.
         5. A vehicle description is similar to one involved in a specific offense.
         6. A person exhibits unusual behavior such as staggering or appearing in need of medical attention.
         7. The area and time of day that an officer makes certain observations; e.g. would be unusual for law abiding citizens or an area of recurring crime during the same time as that of the stop.
      3. In investigative detention must be conducted as briefly as possible.  Once the detaining officer determines that the basis for reasonable suspicion no longer exists, the person detained shall be immediately released.  Should the suspicion be reinforced with additional information, or probable cause developed, the period of detention could be lengthened or an arrest made.
      4. Wis. Stat. §968.25 provides that if the officer reasonably suspects that the person stopped poses a danger to the officer or another, s/he may search the person for weapons or other items that may function as weapons, seize the item(s), and either arrest the individual or return the item(s) upon conclusion of the questioning.
      5. A search conducted during an investigative stop is limited to a pat down or frisk of outer clothing.
      6. Under certain conditions, the protective search for weapons may extend beyond the person detained. The most common example involves a vehicle, where a protective search may extend to those areas within the lunge, reach, or grasp of the person detained. Such a search must be limited to those areas where a weapon may be concealed.
      7. An incident report will be completed for all investigative stops in which the officer conducts a frisk search even when an arrest is not made.
   10. Probation/Parole Searches
       1. Upon request, officers may assist agents from the Wisconsin Department of Corrections during their search of a probationer/parolee’s home provided the agent has reasonable grounds to believe contraband is present in the home.  Officers may offer security and take custody of evidence seized by the Department of Corrections.
       2. Warrantless Searches under Act 79, became Wisconsin law in 2013.  This act allows the police to search the person, the residence, or the property under his/her control, of anyone placed on probation for a felony; or for a misdemeanor under Wis. Stats. §940, §948, and §961; or released on parole, or extended supervision if all of the following conditions are met:
          1. The police have reasonable suspicion the subject is committing, is about to commit, or has committed a crime OR the police have a reasonable suspicion that the subject is committing, is about to commit, or has committed a violation of his/her conditions of probation or release; and
          2. The person is currently supervised by the Wisconsin Department of Corrections on probation for a felony; or for a misdemeanor under Wis. Stats. §940, §948, and §961; or parole, or extended supervision related to a Wisconsin conviction; and
          3. That period of supervision began on or after December 14, 2013.  In other words, the same standard that permits a Terry Stop of any person allows for a search under this Act if the supervision requirement is met.
   11. Exigent Circumstances
       1. The test for exigent circumstances justifying a warrantless seizure is an objective one: whether an officer under the circumstances known to the officer at the time reasonably believes that delay in procuring a warrant would gravely endanger life or risk destruction of evidence or greatly enhance the likelihood of a suspect’s escape.
   12. Vehicle Inventories (Reference Evidence Collection-Preservation Policy)
   13. Abandoned Property
       1. A search warrant is not required for property that has been abandoned.
       2. To constitute abandoned property, two conditions must apply:
          1. The property was voluntarily abandoned.
          2. The property was discarded outside the area in which someone has a reasonable expectation of privacy.
       3. Abandoned property includes an automobile that has been left unattended in a public place for an extended period of time or an item dropped or thrown by a suspect in flight.
   14. Lawful Inspection
       1. Certain licensed premises, such as restaurants, taverns, junkyards, locations holding entertainment permits etc. are subject by law to unannounced inspections.
       2. An officer may search the business premises without a warrant.  This authority does not extend to the owner's private office or, if applicable, private attached apartment or residence.
4. Consent Searches
   1. A search warrant is not necessary when a person the officer reasonably believes has authority or control over the thing or place to be searched consents to the search.
      1. Generally, such authority extends to a person who possesses, shares use, has access to or has control of the property.
      2. If two people have joint ownership, possession or control of the property and both are present at the scene, both are required to give consent. If only one of the persons with joint ownership is present, then only that person needs to give consent. Officers are not required to seek out the absent individual to obtain consent.
   2. Valid consent must be given freely and without coercion.
      1. If at all possible, consent shall be documented on the department consent to search form.
      2. A person who initially gives consent may withdraw it at any time.  Officers may then secure the premises and seek a warrant.
5. Strip Searches
   1. If a Strip Search must be conducted it will be performed in accordance with the Strip Search Policy, and Wis. Stat. §968.255.
6. Cell Phones
   1. Pursuant to US Supreme Court decision Riley v. California et al, officers cannot make a warrantless search of a cell phone, no matter how slight the search, under a search incident to arrest justification. Rather, officers, with probable cause that the phone contains evidence, will be allowed to make a warrantless seizure of the phone, and then neutralize the phone to reduce the risk of remote destruction, and then apply for a search warrant. Officers can always ask for consent to search the phone, and in certain situations can make a warrantless search based on probable cause and exigent circumstances.

APPENDIX A

 

General Guidelines for Preparation & Execution of Search Warrants

1. Time of execution will be taken into consideration to maximize success, safety and to the extent possible minimizing the amount of overtime required.

2. Arrange adequate manpower to execute the warrant successfully and safely, while maintaining adequate road/dispatch coverage to handle other police services.

1. The Investigating Officer facilitating the search warrant will coordinate with the City of Platteville and/or Grant County Sheriff’s Office for additional personnel if needed. 
2. Notification of the search warrant to the City of Platteville Police Dispatch Center and/or Grant County Sheriff’s Dispatch Center will also be provided prior to conducting the search

3. One officer will be placed in charge of the search warrant operation.  All assignments should be made PRIOR to the actual execution of the warrant.

4. Search warrants should not be executed without proper briefing and planning with all persons involved in the warrant team.

5. Decide on and assign coverage to prevent escape or destruction of evidence.  Entry Team, exits, observation, perimeter, etc.  Assign officers for details such as actual search, inventory, photographs, prisoner security etc.

6. A search warrant will not be executed without notifying a supervisor and dispatcher of the situation and locations and personnel involved.  No officer will be pulled from regular duty without the approval of a supervisor.

7. Plain clothes officers should display badges and/or police designations, which are outwardly visible.

8. After entry, the first duty is to SECURE THE SCENE.  Be sure all persons and rooms are checked to prevent danger to officers, escape or destruction of evidence.

9. As soon as the scene is secure, advise the dispatcher and make sure all persons assigned to the detail are aware of that status.

10. Detainees resulting from the search warrant should be handled and processed by the search warrant team to the extent possible, rather that turning them over to road officers.

11. Deny admission to persons seeking entry unless their presence is helpful or required.  Don't allow persons to leave the searched area unless approved by the officer in charge.

12. Conduct the search as thoroughly, quickly and efficiently as possible.  Clear the scene as soon as practicable under the conditions of the situation.  Don't leave the premises in an unsecured manner.  Secure the property before leaving the scene.