Wisconsin Statutes
Wis. Stat. § 968.12 (2026)
Search warrant
✓ current as of July 2026
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968.12(1)(1) Description and issuance. A search warrant is an order signed by a judge directing a law enforcement officer to conduct a search of a designated person, a designated object or a designated place for the purpose of seizing designated property or kinds of property. A judge shall issue a search warrant if probable cause is shown.
968.12(2)(2) Warrant upon affidavit. A search warrant may be based upon sworn complaint or affidavit, or testimony recorded by a phonographic reporter or under sub. (3) (d), showing probable cause therefor. The complaint, affidavit or testimony may be upon information and belief. The person requesting the warrant may swear to the complaint or affidavit before a notarial officer authorized under ch. 140 to take acknowledgments or before a judge, or a judge may place a person under oath via telephone, radio, or other means of electronic communication, without the requirement of face-to-face contact, to swear to the complaint or affidavit. The judge shall indicate on the search warrant that the person so swore to the complaint or affidavit.
968.12(3)(a)(a) General rule. A search warrant may be based upon sworn oral testimony communicated to the judge by telephone, radio or other means of electronic communication, under the procedure prescribed in this subsection.
968.12(3)(b)1.1. ‘Duplicate originals.’ The person who is requesting the warrant may prepare a duplicate original warrant and read the duplicate original warrant, verbatim, to the judge. The judge shall enter, verbatim, what is read on the original warrant. The judge may direct that the warrant be modified. If the judge determines that there is probable cause for the warrant, the judge shall order the issuance of a warrant by directing the person requesting the warrant to sign the judge’s name on the duplicate original warrant. In addition, the person shall sign his or her own name on the duplicate original warrant. The judge shall immediately sign the original warrant and enter on the face of the original warrant the exact time when the warrant was ordered to be issued.
968.12(3)(b)2.2. ‘Electronic transmission.’ The person who is requesting the warrant may sign his or her own name on the warrant and transmit it to the judge. The judge may modify the warrant. If the judge determines that there is probable cause for the warrant, the judge shall order the issuance of a warrant by signing the warrant and entering on the face of the warrant the exact time when the warrant was ordered to be issued. The judge shall immediately transmit the signed warrant to the person who requested it.
968.12(3)(c)(c) Probable cause. The finding of probable cause for a warrant upon oral testimony shall be based on the same kind of evidence as is sufficient for a warrant upon affidavit.
968.12(3)(d)(d) Recording and certification of testimony. When a caller informs the judge that the purpose of the call is to request a warrant, the judge shall place under oath each person whose testimony forms a basis of the application and each person applying for the warrant. The judge or requesting person shall arrange for all sworn testimony to be recorded either by a court reporter or by means of a voice recording device. The judge shall have the record transcribed. The transcript, certified as accurate by the judge or reporter, as appropriate, shall be filed with the court.
968.12(3)(e)(e) Contents. The contents of a warrant upon oral testimony shall be the same as the contents of a warrant upon affidavit.
968.12(3)(f)(f) Entry of time of execution. The person who executes the warrant shall enter the exact time of execution on the face of the duplicate original warrant.
968.12(4)(4) Location of search. A search warrant may authorize a search to be conducted anywhere in the state and may be executed pursuant to its terms anywhere in the state.
968.12(5)(5) Signatures. In this section, a person requesting a warrant and a judge issuing a warrant may sign by using an electronic signature, a handwritten signature, or a handwritten signature that is electronically imaged.
968.12 HistoryHistory: 1971 c. 298; 1983 a. 443; Sup. Ct. Order, 141 Wis. 2d xiii (1987); Sup. Ct. Order No. 14-03, 2016 WI 29, 368 Wis. 2d xiii; 2017 a. 261; Sup. Ct. Order No. 19-01, 2019 WI 44, 386 Wis. 2d xvii; 2019 a. 125; 2021 a. 65.
968.12 NoteJudicial Council Note, 1988: Sub. (2) is amended to eliminate the preference for written affidavits as the basis for search warrants. Telephoned testimony allows faster response and the transcribed record is no less adequate for review.
968.12 NoteSub. (3) (a) is amended to eliminate the preference for written affidavits as the basis for search warrants. Telephoned testimony allows faster response and the transcribed record is no less adequate for review.
968.12 NoteSub. (3) (c) is amended to eliminate the preference for written affidavits as the basis for search warrants. Telephoned testimony allows faster response and the transcribed record is no less adequate for review.
968.12 NoteSub. (3) (d) is amended to authorize that the testimony be recorded either by a stenographic reporter or a voice recording device. [Re Order effective Jan. 1, 1988]
968.12 AnnotationSpecific statutory authorization was not necessary for a judge to issue an order that authorized the procedures used to track the defendant’s cell phone because the order was supported by probable cause. Nonetheless, the order did comply with the spirit of this section and s. 968.135. State v. Tate, 2014 WI 89, 357 Wis. 2d 172, 849 N.W.2d 798, 12-0336.
968.12 AnnotationA search warrant issued for the placement and use of a global positioning system (GPS) tracking device is not a warrant issued “for the purpose of seizing designated property or kinds of property” under sub. (1) and s. 968.13 and is therefore not subject to the requirements of s. 968.15 or 968.17. State v. Pinder, 2018 WI 106, 384 Wis. 2d 416, 919 N.W.2d 568, 17-0208.
968.12 AnnotationThe purpose of an oath or affirmation is to impress upon the swearing individual an appropriate sense of obligation to tell the truth. The statutes do not invoke specific, mandated language or formulaic procedures in the administration of an oath or affirmation. The oath or affirmation requirement is an issue of substance, not form. State v. Moeser, 2022 WI 76, 405 Wis. 2d 1, 982 N.W.2d 45, 19-2184.
968.12 NoteNOTE: See also the notes to article I, section 11, of the Wisconsin Constitution.
Notes of Decisions
Cited in 52
cases (12 in the last 5 years), 1984–2026 · leading case: State v. Popenhagen, 2008 WI 55 (Wis. 2008).
State v. Popenhagen, 2008 WI 55 (Wis. 2008). “12," meaning that a district attorney is required to proceed as though he were requesting a search warrant under *635 Wis. Stat. § 968.12 . [46] ¶ 112 The Oneida County District Attorney could have provided the court with a sworn complaint or affidavit, or sworn recorded…”
State v. Sveum, 2010 WI 92 (Wis. 2010). “A search warrant may be based either "upon sworn complaint or affidavit, or testimony recorded by a phonographic reporter," Wis. Stat. § 968.12 (2), or "upon sworn oral testimony communicated to the judge by telephone, radio or other means of electronic communication," Wis.”
State v. Bobby L. Tate, 2014 WI 89 (Wis. 2014). “135 (2009- 10),4 the search warrant and criminal subpoena statutes, which express legislative choices about procedures to employ for warrants and criminal subpoenas.5 Accordingly, we affirm the decision of the court of appeals.”
State v. Johnny K. Pinder, 919 N.W.2d 568 (Wis. 2018). “1 The court of appeals certified the following question: If a search warrant issued under Wis. Stat. § 968.12 for the placement and use of a GPS tracking device on a motor vehicle is not executed within five days after the date of issuance per Wis.”
State v. Raflik, 2001 WI 129 (Wis. 2001). “This case requires us to decide whether suppression is the proper remedy when a telephonic application for a search warrant is not recorded in accordance with Wis. Stat. § 968.12 (3)(d) [1] , and when the factual basis for the warrant is reconstructed in an ex parte hearing…”
State v. Tye, 2001 WI 124 (Wis. 2001). “02 (1949) (search warrant issues upon "a sworn complaint or affidavit, or of oral testimony recorded by a phonographic reporter"); Wis. Stat. § 968.12 (3)(a) (1983-84) (allows a judge to "issue a warrant based upon sworn oral testimony communicated by telephone, radio, or other…”
State v. David W. Howes, 2017 WI 18 (Wis. 2017). “See Wis. Stat. §§ 968.12 (3)(a)-(d) (authorizing search warrants on oral testimony communicated to the judge by telephonic, radio, or other means of electronic communication).”
State v. Jeffrey L. Moeser, 2022 WI 76 (Wis. 2022). “¶40 More specifically, Wis. Stat. § 968.12 , titled "Search warrant," states: (2) Warrant upon affidavit.”
State v. Cummings, 546 N.W.2d 406 (Wis. 1996). “However, since the *734 authority to issue a search warrant is conferred upon all judges independently by Wis. Stat. 968.12, [4] the *735 John Doe statute need not specifically mention the issuance of search warrants for a John Doe judge to have such power.”
State Ex Rel. Two Unnamed v. Peterson, 2015 WI 85 (Wis. 2015). “8 ¶247 These constitutional provisions are implemented in Wisconsin by several statutes, including Wis. Stat. §§ 968.12 (Search warrant), 968.”
State v. Ward, 2000 WI 3 (Wis. 2000). “[7] Fourth Amendment of the United States Constitution; Article I, § 11 of the Wisconsin Constitution; Wis. Stat. § 968.12 (1), (2). [8] State v.”
State v. Krajewski, 2002 WI 97 (Wis. 2002). “In addition, when a law enforcement officer seeks a warrant by telephone under Wis. Stat. § 968.12 (3)(d), either the judge or the officer must be at a location with equipment to record the proceedings.”
— Wis. Stat. § 968.12(1) — 18 cases
State v. Sveum, 2010 WI 92 (Wis. 2010). “A search warrant may be based either "upon sworn complaint or affidavit, or testimony recorded by a phonographic reporter," Wis. Stat. § 968.12 (2), or "upon sworn oral testimony communicated to the judge by telephone, radio or other means of electronic communication," Wis.”
State v. Bobby L. Tate, 2014 WI 89 (Wis. 2014). “135 (2009- 10),4 the search warrant and criminal subpoena statutes, which express legislative choices about procedures to employ for warrants and criminal subpoenas.5 Accordingly, we affirm the decision of the court of appeals.”
State v. Johnny K. Pinder, 919 N.W.2d 568 (Wis. 2018). “1 The court of appeals certified the following question: If a search warrant issued under Wis. Stat. § 968.12 for the placement and use of a GPS tracking device on a motor vehicle is not executed within five days after the date of issuance per Wis.”
State v. Sloan, 2007 WI App 146 (Wis. Ct. App. 2007).
State v. Cleveland, 348 N.W.2d 512 (Wis. 1984).
— Wis. Stat. § 968.12(2) — 9 cases
State v. Cleveland, 348 N.W.2d 512 (Wis. 1984).
State v. Swift, 496 N.W.2d 713 (Wis. Ct. App. 1993).
State v. Jeffrey L. Moeser, 2022 WI 76 (Wis. 2022). “¶40 More specifically, Wis. Stat. § 968.12 , titled "Search warrant," states: (2) Warrant upon affidavit.”
State v. John J. Drachenberg, 2023 WI App 61 (Wis. Ct. App. 2023).
State v. Raul Herrera Rivera (Wis. Ct. App. 2024).
— Wis. Stat. § 968.12(3) — 6 cases
State v. David M. Hay, 2020 WI App 35 (Wis. Ct. App. 2020).
State v. Johnston, 503 N.W.2d 346 (Wis. Ct. App. 1993).
State v. Caban, 551 N.W.2d 24 (Wis. Ct. App. 1996).
State v. Bohling, 494 N.W.2d 399 (Wis. 1993).
State v. Raul Herrera Rivera (Wis. Ct. App. 2024).
— Wis. Stat. § 968.12(3)(a) — 3 cases
State v. Raul Herrera Rivera (Wis. Ct. App. 2024).
State v. Jeffrey L. Moeser (Wis. Ct. App. 2021).
State v. Terry M. Peterson, Jr. (Wis. Ct. App. 2023).
— Wis. Stat. § 968.12(3)(b) — 1 case
State v. Terry M. Peterson, Jr. (Wis. Ct. App. 2023).
— Wis. Stat. § 968.12(3)(d) — 5 cases
State v. Raflik, 2001 WI 129 (Wis. 2001). “This case requires us to decide whether suppression is the proper remedy when a telephonic application for a search warrant is not recorded in accordance with Wis. Stat. § 968.12 (3)(d) [1] , and when the factual basis for the warrant is reconstructed in an ex parte hearing…”
State v. Repenshek, 2004 WI App 229 (Wis. Ct. App. 2004).
State v. Raul Herrera Rivera (Wis. Ct. App. 2024).
State v. Terry M. Peterson, Jr. (Wis. Ct. App. 2023).
State v. Donald A. Whitaker (Wis. Ct. App. 2022).
— Wis. Stat. § 968.12(3)(f) — 1 case
State v. John J. Drachenberg, 2023 WI App 61 (Wis. Ct. App. 2023).
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