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

Wis. Stat. § 968.17 (2026)

Return of search warrant

✓ current as of July 2026
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968.17968.17 Return of search warrant.
968.17(1)(1) The return of the search warrant shall be made within 48 hours after execution to the clerk designated in the warrant. The return shall be accompanied by a written inventory of any property taken. Upon request, the clerk shall deliver a copy of the inventory to the person from whom or from whose premises the property was taken and to the applicant for the search warrant.
968.17(2)(2) An affidavit or complaint made in support of the issuance of the warrant and the transcript of any testimony taken shall be filed with the clerk within 5 days after the date of the execution of any search warrant.
968.17 HistoryHistory: 1971 c. 298.
968.17 AnnotationIn computing the time within which a search warrant must be returned, the court may exclude the hours between 4:30 p.m. Friday and 8 a.m. Monday. Such a delay would not affect the validity of the search. State v. Meier, 60 Wis. 2d 452, 210 N.W.2d 685 (1973).
968.17 AnnotationThe trial court erred in suppressing controlled substances and associated paraphernalia seized pursuant to a search warrant on the ground that a transcript of testimony upon which the warrant was based was not filed within five days of its execution, as required by sub. (2), because: 1) s. 968.22 provides that no evidence seized under a search warrant may be suppressed due to technical irregularities not affecting the defendant’s substantial rights; 2) the five-day filing requirement is a ministerial duty, a violation of which does not invalidate a search absent prejudice; and 3) there was no prejudice when the transcript was filed approximately six weeks prior to the filing of the information, before which the defendant was statutorily precluded from making any motion to suppress. State v. Elam, 68 Wis. 2d 614, 229 N.W.2d 664 (1975).
968.17 AnnotationLaw enforcement’s failure to return an order and inventory within the confines of this section and s. 968.15 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.
968.17 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. 968.15. State v. Pinder, 2018 WI 106, 384 Wis. 2d 416, 919 N.W.2d 568, 17-0208.
Notes of Decisions
Cited in 11 cases (1 in the last 5 years), 1973–2023 · leading case: State v. Sveum, 2010 WI 92 (Wis. 2010).
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State v. Sveum, 2010 WI 92 (Wis. 2010). · cites it 22× “2d 685 (1973) (concluding that any error as to the return of the search warrant violating Wis. Stat. § 968.17 did not prejudice the rights of the defendant and therefore did not affect the validity of the search).”
State v. Popenhagen, 2008 WI 55 (Wis. 2008). · cites it 10× “Meier claimed that authorities had violated Wis. Stat. § 968.17 by failing to return the warrant "within 48 hours after execution" to the clerk designated in the warrant, and that evidence from the search had to be suppressed.”
State v. Cummings, 546 N.W.2d 406 (Wis. 1996). · cites it 8× “[5] Defendant Cummings also asserts that Wis. Stat. § 968.17 requires that search warrants and the supporting documents be publicly filed with the clerk of courts.”
State v. Johnny K. Pinder, 919 N.W.2d 568 (Wis. 2018). · cites it 5× “15 or timely returned under Wis. Stat. § 968.17 (1), is not void if the search was otherwise reasonably conducted, because it is not a warrant issued "for the purpose of seizing designated property or kinds of property" under Wis.”
State Ex Rel. Two Unnamed v. Peterson, 2015 WI 85 (Wis. 2015). · cites it 3× “§ 968.17 (1). The warrants were returned on October 4, four days after they were issued and one day after they were executed.”
City of West Covina v. Perkins, 525 U.S. 234 (1999). · cites it 2× “41 (1997); Wis. Stat. Ann. § 968.17 (West 1985); Wyo.”
State v. Meier, 210 N.W.2d 685 (Wis. 1973). · cites it 3× “They are: (1) Was the manner in which the warrant was executed unreasonable and in violation of the defendant’s *456 constitutional rights so that the evidence seized thereunder should have been suppressed by the trial court? (2) Was the return of the search warrant timely under…”
State v. John J. Drachenberg, 2023 WI App 61 (Wis. Ct. App. 2023). “§ 968.17(1) provides in part: The return of the search warrant shall be made within 48 hours after execution to the clerk designated in the warrant.”
State v. Johnny K. Pinder (Wis. 2018). · cites it 3× “§ 968.17 (1), is not void if the search was otherwise reasonably conducted, because it is not a warrant issued "for the purpose of seizing designated property or kinds of property" under Wis.”
Three Unnamed v. Gregory A. Peterson (Wis. 2015). “§ 968.17 (1). The warrants were returned on October 4, four days after they were issued and one day after they were executed.”
Francis D. Schmitz v. Honorable Gregory A. Peterson (Wis. 2015). “§ 968.17 (1). The warrants were returned on October 4, four days after they were issued and one day after they were executed.”
— Wis. Stat. § 968.17(1) — 4 cases
State v. Sveum, 2010 WI 92 (Wis. 2010). “2d 685 (1973) (concluding that any error as to the return of the search warrant violating Wis. Stat. § 968.17 did not prejudice the rights of the defendant and therefore did not affect the validity of the search).”
State v. Johnny K. Pinder, 919 N.W.2d 568 (Wis. 2018). “15 or timely returned under Wis. Stat. § 968.17 (1), is not void if the search was otherwise reasonably conducted, because it is not a warrant issued "for the purpose of seizing designated property or kinds of property" under Wis.”
State v. John J. Drachenberg, 2023 WI App 61 (Wis. Ct. App. 2023). “§ 968.17(1) provides in part: The return of the search warrant shall be made within 48 hours after execution to the clerk designated in the warrant.”
State v. Johnny K. Pinder (Wis. 2018). “§ 968.17 (1), is not void if the search was otherwise reasonably conducted, because it is not a warrant issued "for the purpose of seizing designated property or kinds of property" under Wis.”
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