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

Wis. Stat. § 968.15 (2026)

Search warrants; when executable

✓ current as of July 2026
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968.15968.15 Search warrants; when executable.
968.15(1)(1) A search warrant must be executed and returned not more than 5 days after the date of issuance.
968.15(2)(2) Any search warrant not executed within the time provided in sub. (1) shall be void and shall be returned to the judge issuing it.
968.15 AnnotationExecution of a search warrant is timely if it is in compliance with sub. (1) and if the probable cause that led to its issuance still exists at the time of its execution. The defense has the burden of proof in a timeliness challenge. State v. Edwards, 98 Wis. 2d 367, 297 N.W.2d 12 (1980).
968.15 AnnotationLaw enforcement’s failure to return an order and inventory within the confines of this section and s. 968.17 did not render the execution of the order unreasonable. The timely return of a warrant is a ministerial duty that does not affect the validity of the search absent prejudice to the defendant. State v. Sveum, 2010 WI 92, 328 Wis. 2d 369, 787 N.W.2d 317, 08-0658.
968.15 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 ss. 968.12 (1) and 968.13 and is therefore not subject to the requirements of this section or s. 968.17. State v. Pinder, 2018 WI 106, 384 Wis. 2d 416, 919 N.W.2d 568, 17-0208.
968.15 AnnotationThe deadline to execute a search warrant in sub. (1) applies to the search of the places, and seizure of the items, designated in the search warrant and does not apply to later, off-site analysis of those items that is also authorized in the warrant. However, in some cases, the later, off-site analysis of seized items can be challenged as unreasonably delayed under the 4th amendment. State v. Drachenberg, 2023 WI App 61, 409 Wis. 2d 738, 998 N.W.2d 566, 22-2060.
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Notes of Decisions
Cited in 15 cases (3 in the last 5 years), 1979–2026 · leading case: State v. Sveum, 2010 WI 92 (Wis. 2010).
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State v. Sveum, 2010 WI 92 (Wis. 2010). · cites it 28× “See Wis. Stat. §§ 968.15 & 968.17. Law enforcement's failure to return the order and inventory within the confines of §§ 968.”
State v. Johnny K. Pinder, 919 N.W.2d 568 (Wis. 2018). · cites it 20× “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. Stat. § 968.15 (1) is the warrant void under § 968.”
State v. Edwards, 297 N.W.2d 12 (Wis. 1980). · cites it 14× “[1] A threshold issue relating to the timeliness of the execution of the warrant is whether the execution and return of the warrant complied with sec. 968.15, Stats. [1] The defendant impliedly argues that, since the return of the warrant was filed several hours after the…”
State v. John J. Drachenberg, 2023 WI App 61 (Wis. Ct. App. 2023). · cites it 47× “This undermines Drachenberg’s interpretation of “executed” in § 968.15(1). ¶20 In a similar vein, as the State notes, WIS.”
State Ex Rel. Two Unnamed v. Peterson, 2015 WI 85 (Wis. 2015). · cites it 3× “§ 968.15 (1). These warrants were executed three days after they were issued.”
State v. Avery, 2011 WI App 124 (Wis. Ct. App. 2011). · cites it 4× “Pursuant to Wis. Stat. § 968.15 (1) (2009-10), a search warrant must he executed and returned not more than five days after the date of issuance.”
Thompson v. Cnty. of Rock, 648 F. Supp. 861 (W.D. Wis. 1986). · cites it 2× “Wis. Stat. § 968.15 . Thus, the actions of the Rock County sheriff’s department and the Janesville and Beloit police departments in executing the arrest and search warrants issued by the court commissioners were undertaken in accordance with a statutory mandate.”
State v. Edwards, 286 N.W.2d 369 (Wis. Ct. App. 1979). · cites it 5× “As stated in the 1969 commentary to sec. 968.15, Stats., Wis. Stat. Ann: “It is believed that there should be some reasonable period in which a warrant should be executed *49 and returned.”
State v. Johnny K. Pinder (Wis. 2018). · cites it 13× “968 of the Wisconsin Statutes," and the court determined that to the extent there was a departure from Wis. Stat. § 968.15 (1), it was a "technical irregularity.”
Batemon, James v. United States, 203 F. App'x 723 (7th Cir. 2006). “Batemon insists that Wis. Stat. § 968.15 requires that a search warrant be executed within “five days” of issuance, and that limit, he says, was exceeded in this case because the warrant for his residence was issued on February 4, 2001, at 10:45 a.”
State v. Todd DiMiceli (Wis. Ct. App. 2021). · cites it 6× “375(6), § 968.15 provides that such warrants “must be executed and returned not more than 5 days after the date of issuance.”
State v. Aaron J. Williams (Wis. Ct. App. 2026). · cites it 6× “” Williams further argues that, even if the warrant was shown to him, the officer’s failure to physically hand Williams a copy of the warrant prior to conducting the blood draw violated his rights under the Fourth Amendment, WIS.”
Show all 15 citing cases →
— Wis. Stat. § 968.15(1) — 3 cases
State v. John J. Drachenberg, 2023 WI App 61 (Wis. Ct. App. 2023). “This undermines Drachenberg’s interpretation of “executed” in § 968.15(1). ¶20 In a similar vein, as the State notes, WIS.”
State v. Todd DiMiceli (Wis. Ct. App. 2021). “375(6), § 968.15 provides that such warrants “must be executed and returned not more than 5 days after the date of issuance.”
State v. Aaron J. Williams (Wis. Ct. App. 2026). “” Williams further argues that, even if the warrant was shown to him, the officer’s failure to physically hand Williams a copy of the warrant prior to conducting the blood draw violated his rights under the Fourth Amendment, WIS.”
— Wis. Stat. § 968.15(2) — 4 cases
State v. Johnny K. Pinder, 919 N.W.2d 568 (Wis. 2018). “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. Stat. § 968.15 (1) is the warrant void under § 968.”
State v. John J. Drachenberg, 2023 WI App 61 (Wis. Ct. App. 2023). “This undermines Drachenberg’s interpretation of “executed” in § 968.15(1). ¶20 In a similar vein, as the State notes, WIS.”
State v. Johnny K. Pinder (Wis. 2018). “968 of the Wisconsin Statutes," and the court determined that to the extent there was a departure from Wis. Stat. § 968.15 (1), it was a "technical irregularity.”
State v. Todd DiMiceli (Wis. Ct. App. 2021). “375(6), § 968.15 provides that such warrants “must be executed and returned not more than 5 days after the date of issuance.”
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