Wisconsin Statutes 968.23 – Forms
Current as of: 2023 | Check for updates
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The following forms for use under this chapter are illustrative and not mandatory:
STATE OF WISCONSIN,
…. County.
AFFIDAVIT OR COMPLAINT.
In the …. court of the …. of ….
A. B., being duly sworn, says that on the …. day of …., A. D., …. (year), in said county, in and upon certain premises in the (city, town or village) of …. in said county, occupied by …. and more particularly described as follows: (describe the premises) there are now located and concealed certain things, to wit: (describe the things to be searched for) (possessed for the purpose of evading or violating the laws of the state of Wisconsin and contrary to section …. of the Wisconsin statutes) (or, which things were stolen from their true owner, in violation of section …. of the Wisconsin statutes) (or, which things were used in the commission of (or may constitute evidence of) an offense to wit: (describe offense) committed in violation of section …. of the Wisconsin statutes).
The facts tending to establish the grounds for issuing a search warrant are as follows: (set forth evidentiary facts showing probable cause for issuance of warrant).
Wherefore, the said A. B. prays that a search warrant be issued to search such premises for the said property, and to bring the same, if found, and the person in whose possession the same is found, before the said court (or, before the …. court for …. County), to be dealt with according to law.
(Signed) A. B.
Subscribed and sworn to before me this …. day of …., …. (year)
…., Judge of the …. Court.
STATE OF WISCONSIN,
…. County.
SEARCH WARRANT.
In the …. court of the …. of ….
THE STATE OF WISCONSIN, To the sheriff or any constable or any peace officer of said county:
Whereas, A. B. has this day complained (in writing) to the said court upon oath that on the …. day of …., A. D., …. (year), in said county, in and upon certain premises in the (city, town or village) of …. in said county, occupied by …. …. and more particularly described as follows: (describe the premises) there are now located and concealed certain things, to wit: (describe the things to be searched for) (possessed for the purpose of evading or violating the laws of the state of Wisconsin and contrary to section …. of the Wisconsin statutes) (or, which things were stolen from their true owner, in violation of section …. of the Wisconsin statutes) (or which things were used in the commission of (or, may constitute evidence of) an offense, to wit: (describe offense) committed in violation of section …. of the Wisconsin statutes) and prayed that a search warrant be issued to search said premises for said property.
Now, therefore, in the name of the state of Wisconsin you are commanded forthwith to search the said premises for said things, and if the same or any portion thereof are found, to bring the same and the person in whose possession the same are found, and return this warrant within 48 hours before the said court (or, before the …. court for …. County), to be dealt with according to law.
Dated this …. day of …., …. (year)
…., Judge of the …. Court.
ENDORSEMENT ON WARRANT
Received by me …., …. (year), at …. o’clock ….M.
…., Sheriff (or peace officer)
RETURN OF OFFICER
State of Wisconsin
…. Court,
…. County.
I hereby certify that by virtue of the within warrant I searched the within named premises and found the following things: (describe things seized) and have the same now in my possession subject to the direction of the court.
Dated this …. day of …., …. (year)
…., Sheriff (or peace officer)
Terms Used In Wisconsin Statutes 968.23
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Following: when used by way of reference to any statute section, means the section next following that in which the reference is made. See Wisconsin Statutes 990.01
- Person: includes all partnerships, associations and bodies politic or corporate. See Wisconsin Statutes 990.01
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Property: includes real and personal property. See Wisconsin Statutes 990.01
- State: when applied to states of the United States, includes the District of Columbia, the commonwealth of Puerto Rico and the several territories organized by Congress. See Wisconsin Statutes 990.01
- Sworn: includes "affirmed" in all cases where by law an affirmation may be substituted for an oath. See Wisconsin Statutes 990.01
- Town: may be construed to include cities, villages, wards or districts. See Wisconsin Statutes 990.01