Wisconsin Statutes
Wis. Stat. § 66.0119 (2026)
Special inspection warrants
✓ current as of July 2026
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66.0119(1)(a)(a) “Inspection purposes” includes such purposes as building, housing, electrical, plumbing, heating, gas, fire, health, safety, environmental pollution, water quality, waterways, use of water, food, zoning, property assessment, meter and obtaining data required to be submitted in an initial site report or feasibility report under subch. III of ch. 289 or s. 291.23, 291.25, 291.29 or 291.31 or an environmental impact statement related to one of those reports. “Inspection purposes” also includes purposes for obtaining information specified in s. 196.02 (5m) by or on behalf of the public service commission.
66.0119(1)(b)(b) “Peace officer” means a state, county, city, village, town, town sanitary district or public inland lake protection and rehabilitation district officer, agent or employee charged under statute or municipal ordinance with powers or duties involving inspection of real or personal property, including buildings, building premises and building contents, and means a local health officer, as defined in s. 250.01 (5), or his or her designee.
66.0119(2)(2) A peace officer may apply for, obtain and execute a special inspection warrant issued under this section. Except in cases of emergency where no special inspection warrant is required, special inspection warrants shall be issued for inspection of personal or real properties which are not public buildings or for inspection of portions of public buildings which are not open to the public only upon showing that consent to entry for inspection purposes has been refused.
Affidavit
STATE OF WISCONSIN
.... County
In the .... court of the .... of ....
A. F., being duly sworn, says that on the .... day of ...., .... (year), in said county, in and upon certain premises in the (city, town or village) of .... and more particularly described as follows: (describe the premises) there now exists a necessity to determine if said premises comply with (section .... of the Wisconsin statutes) or (section .... of ordinances of said municipality) or both. The facts tending to establish the grounds for issuing a special inspection warrant are as follows: (set forth brief statement of reasons for inspection, frequency and approximate date of last inspection, if any, which shall be deemed probable cause for issuance of warrant).
Wherefore, the said A. F. prays that a special inspection warrant be issued to search such premises for said purpose.
...(Signed) A. F.
Subscribed and sworn to before me this .... day of ...., .... (year)
.... Judge of the .... Court.
Special Inspection Warrant
STATE OF WISCONSIN
.... County
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 ...., .... (year), in said county, in and upon certain premises in the (city, town or village) of .... and more particularly described as follows: (describe the premises) there now exists a necessity to determine if said premises comply with (section .... of the Wisconsin statutes) or (section .... of ordinances of said municipality) or both and prayed that a special inspection warrant be issued to search said premises.
Now, therefore, in the name of the state of Wisconsin you are commanded forthwith to search the said premises for said purposes.
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 named premises and found the following things (describe findings).
Dated this .... day of ...., .... (year)
.... Sheriff (or peace officer).
66.0119 HistoryHistory: 1971 c. 185 s. 7; 1981 c. 374; 1983 a. 189 s. 329 (4); 1989 a. 159; 1995 a. 27, 227; 1999 a. 150 ss. 30, 287 to 292; Stats. 1999 s. 66.0119; 2003 a. 89; 2007 a. 130.
66.0119 AnnotationWarrants for administrative or regulatory searches modify the conventional understanding of probable cause requirements for warrants as the essence of the search is that there is no probable cause to believe a search will yield evidence of a violation. Refusal of consent is not a constitutional requirement for issuing the warrant, although it may be a statutory violation. Suppression only applies to constitutional violations. State v. Jackowski, 2001 WI App 187, 247 Wis. 2d 430, 633 N.W.2d 649, 00-2851.
66.0119 AnnotationIn this case, although the defendant did not expressly refuse entry for inspection, the defendant’s four-month-long silence and period of inaction after the city sent two certified mail letters seeking consent to inspect the property gave rise to the only reasonable inference that the defendant refused to consent to entry for inspection. City of New Lisbon v. Muller, 2023 WI App 65, 410 Wis. 2d 309, 1 N.W.3d 761, 22-1683.
66.0119 AnnotationDiscussing the constitutional limitations on inspections pursuant to warrants issued under this section. Platteville Area Apartment Ass’n v. City of Platteville, 179 F.3d 574 (1999).
Notes of Decisions
Cited in 10
cases (3 in the last 5 years), 2001–2024 · leading case: State v. Jackowski, 2001 WI App 187 (Wis. Ct. App. 2001).
State v. Jackowski, 2001 WI App 187 (Wis. Ct. App. 2001). “Jackowski also pointed to the lack of an allegation that he had refused consent to an inspection of the premises, as required under Wis. Stat. § 66.0119 (2) ("[SJpecial inspection warrants shall he issued .”
Vincent Milewski v. Town of Dover, 2017 WI 79 (Wis. 2017). “Three Any request to view the interior of the property must be reasonable, made in writing, and delivered by certified mail.”
Bosteder v. City of Renton, 117 P.3d 316 (Wash. 2005). “24, § 5003 (8); Wis. Stat. Ann. § 66.0119 . Washington has provided for a remedy for fire officials to seek search warrants when their right of entry has been denied.”
Bosteder v. City of Renton, 155 Wash. 2d 18 (Wash. 2005). “24, § 5003 (c)(8); Wis. Stat. Ann. § 66.0119 . Washington has provided for a remedy for fire officials to seek search warrants when their right of entry has been denied.”
State v. Anderson, 317 Neb. 435 (Neb. 2024). “435 evidence, arguing that the inspectors’ failure to comply with the statutory requirement of showing prior refusal rendered the inspection warrant constitutionally invalid.”
City of New Lisbon v. Michael W. Muller, 2023 WI App 65 (Wis. Ct. App. 2023). “§ 66.0119. However, the word is generic and capable of a common understanding.”
Town of Ledgeview v. Livestock Facility Siting Review Bd., 2022 WI App 58 (Wis. Ct. App. 2022). “§ 66.0119. In February 2019, the Town ultimately notified the Farm it would consider the application complete and would move forward with reviewing the Farm’s application.”
State v. Warrichaiet, 695 N.W.2d 903 (Wis. Ct. App. 2005). “§ 66.0119(2) requires wardens to obtain a special inspection warrant, which none of the wardens had.”
Vincent Milewski v. Town of Dover (Wis. 2017). “Three Any request to view the interior of the property must be reasonable, made in writing, and delivered by certified mail.”
Vincent Milewski v. Town of Dover (Wis. 2017). “Three Any request to view the interior of the property must be reasonable, made in writing, and delivered by certified mail.”
— Wis. Stat. § 66.0119(1)(a) — 1 case
City of New Lisbon v. Michael W. Muller, 2023 WI App 65 (Wis. Ct. App. 2023). “§ 66.0119. However, the word is generic and capable of a common understanding.”
— Wis. Stat. § 66.0119(2) — 2 cases
City of New Lisbon v. Michael W. Muller, 2023 WI App 65 (Wis. Ct. App. 2023). “§ 66.0119. However, the word is generic and capable of a common understanding.”
State v. Warrichaiet, 695 N.W.2d 903 (Wis. Ct. App. 2005). “§ 66.0119(2) requires wardens to obtain a special inspection warrant, which none of the wardens had.”
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