Wisconsin Statutes
Wis. Stat. § 968.16 (2026)
Detention and search of persons on premises
✓ current as of July 2026
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968.16968.16 Detention and search of persons on premises. The person executing the search warrant may reasonably detain and search any person on the premises at the time to protect himself or herself from attack or to prevent the disposal or concealment of any item particularly described in the search warrant.
968.16 AnnotationThe defendant had sufficient control and dominion over a car for it to be considered “premises,” justifying a search of the defendant. State v. Reed, 156 Wis. 2d 546, 457 N.W.2d 494 (Ct. App. 1990).
968.16 AnnotationThe frisk of a person not named in a search warrant during the execution of the warrant was reasonable when occupants of the residence were very likely to be involved in drug trafficking; drugs felt in a pocket during the frisk were lawfully seized when the officer had probable cause to believe that there was a connection between what was felt and criminal activity. State v. Guy, 172 Wis. 2d 86, 492 N.W.2d 311 (1992).
968.16 NoteNOTE: See also the notes to article I, section 11, of the Wisconsin Constitution.
Notes of Decisions
Cited in 4
cases (1 in the last 5 years), 1990–2023 · leading case: State v. Reed, 457 N.W.2d 494 (Wis. Ct. App. 1990).
State v. Reed, 457 N.W.2d 494 (Wis. Ct. App. 1990). “We conclude that the search of Reed was permitted by sec. 968.16, Stats., and was reasonable. We therefore affirm.”
State v. Jeter, 466 N.W.2d 211 (Wis. Ct. App. 1991). “Under sec. 968.16, Stats., therefore, the search of Jeter was lawful because it was pursuant to a valid warrant; while intrusive — like any search — it was minimally so; and it was reasonably necessary to assure the officers' safety and to prevent the disposal or concealment of…”
State v. John J. Drachenberg, 2023 WI App 61 (Wis. Ct. App. 2023). “§ 968.16, which states: “The person executing the search warrant may reasonably detain and search any person on the premises at the time to protect himself or herself from attack or to prevent the disposal or concealment of any item particularly described in the search warrant.”
State v. Guy, 477 N.W.2d 349 (Wis. Ct. App. 1991). “The trial court denied Guy's motion to suppress, ruling that the pat-down frisk was authorized by section 968.16, Stats., and was not constitutionally infirm.”
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