Wis. Stat. » CHAPTER 968 — COMMENCEMENT OF CRIMINAL PROCEEDINGS
Wisconsin Statutes

Wis. Stat. § 968.10 (2026)

Searches and seizures; when authorized

✓ current as of July 2026
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968.10968.10 Searches and seizures; when authorized. A search of a person, object or place may be made and things may be seized when the search is made:
968.10(1)(1) Incident to a lawful arrest;
968.10(2)(2) With consent;
968.10(3)(3) Pursuant to a valid search warrant;
968.10(4)(4) With the authority and within the scope of a right of lawful inspection;
968.10(5)(5) Pursuant to a search during an authorized temporary questioning as provided in s. 968.25; or
968.10(6)(6) As otherwise authorized by law.
968.10 NoteNOTE: See the notes to article I, section 11, of the Wisconsin Constitution.
Notes of Decisions
Cited in 15 cases (1 in the last 5 years), 1976–2025 · leading case: State v. Sveum, 2010 WI 92 (Wis. 2010).
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State v. Sveum, 2010 WI 92 (Wis. 2010). · cites it 10× “¶ 115 Because the court Order authorizing the installation of the GPS failed to authorize "a search of a person, object or place" and a seizure "[p]ursuant to a valid search warrant" as required by Wis. Stat. § 968.10 (3), I conclude that the installation of the GPS on Sveum's…”
State v. Young, 2006 WI 98 (Wis. 2006). · cites it 4× “2d 685 (1969); see also Wis. Stat. §§ 968.10 (authorizing a search incident to arrest) and 968.”
State v. Schwegler, 490 N.W.2d 292 (Wis. Ct. App. 1992). · cites it 9× “The state argues that the humane officer acted within her inspection authority, resulting in a search that, although warrantless, was permissible under sec. 968.10(4), Stats., and reasonable under the fourth amendment.”
State v. Derik J. Wantland, 2014 WI 58 (Wis. 2014). · cites it 4× “at 222 ; see also Wis. Stat. § 968.10 (2). ¶21 "The scope of a search is generally defined by its expressed object.”
State v. Bobby L. Tate, 2014 WI 89 (Wis. 2014). · cites it 2× “§ 968.10(3) authorizes searches pursuant to a valid warrant, and Wis.”
State v. Jensen, 2011 WI App 3 (Wis. 2010). · cites it 2× “Wis. Stat. § 968.10 (2). A consent search is constitutionally reasonable to the extent that the search remains within the bounds of the actual consent.”
State v. Mazur, 280 N.W.2d 194 (Wis. 1979). · cites it 2× “Sec. 968.10(2), Stats. (1975) reads: "Searches and seizures; when authorized.”
State v. Betterley, 529 N.W.2d 216 (Wis. 1995). · cites it 2× “[6] For the reasons set forth, I conclude that the search of the property box and the seizure of the ring without a warrant were, under the circumstances of this case, in violation of sec. 968.10, Stats. 1991-92, Art. I, sec.”
State v. Greene, 591 P.2d 1362 (Or. 1979). “See Platt, A Legislative Statement of Warrantless Search Law: Poaching in Sacred Judicial Preserves? 52 Or.”
State v. Goetsch, 519 N.W.2d 634 (Wis. Ct. App. 1994). · cites it 2× “Section 968.10(2), STATS.; Kelly v. State, 75 Wis.”
State v. King, 418 N.W.2d 11 (Wis. Ct. App. 1987). · cites it 2× “, which provides that a person may be "arrested” for violation of traffic regulations, with sec. 968.10(1), Stats., which authorizes officers to perform searches incident to "lawful arrest[s],” and asserts that the former statute is much more restrictive than the latter.”
State v. O'NEILL, 359 N.W.2d 906 (Wis. 1984). · cites it 4× “I am of the opinion that a determination of whether an officer did not have consent pursuant to sec. 968.10, Stats., or consent or exigent circumstances pursuant to the fourth amendment of the United States Constitution [2] or Article I, sec.”
Show all 15 citing cases →
— Wis. Stat. § 968.10(1) — 1 case
State v. King, 418 N.W.2d 11 (Wis. Ct. App. 1987). “, which provides that a person may be "arrested” for violation of traffic regulations, with sec. 968.10(1), Stats., which authorizes officers to perform searches incident to "lawful arrest[s],” and asserts that the former statute is much more restrictive than the latter.”
— Wis. Stat. § 968.10(2) — 2 cases
State v. Mazur, 280 N.W.2d 194 (Wis. 1979). “Sec. 968.10(2), Stats. (1975) reads: "Searches and seizures; when authorized.”
State v. Goetsch, 519 N.W.2d 634 (Wis. Ct. App. 1994). “Section 968.10(2), STATS.; Kelly v. State, 75 Wis.”
— Wis. Stat. § 968.10(3) — 1 case
State v. Bobby L. Tate, 2014 WI 89 (Wis. 2014). “§ 968.10(3) authorizes searches pursuant to a valid warrant, and Wis.”
— Wis. Stat. § 968.10(4) — 1 case
State v. Schwegler, 490 N.W.2d 292 (Wis. Ct. App. 1992). “The state argues that the humane officer acted within her inspection authority, resulting in a search that, although warrantless, was permissible under sec. 968.10(4), Stats., and reasonable under the fourth amendment.”
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