Wisconsin Statutes
Wis. Stat. § 968.25 (2026)
Search during temporary questioning
✓ current as of July 2026
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968.25968.25 Search during temporary questioning. When a law enforcement officer has stopped a person for temporary questioning pursuant to s. 968.24 and reasonably suspects that he or she or another is in danger of physical injury, the law enforcement officer may search such person for weapons or any instrument or article or substance readily capable of causing physical injury and of a sort not ordinarily carried in public places by law abiding persons. If the law enforcement officer finds such a weapon or instrument, or any other property possession of which the law enforcement officer reasonably believes may constitute the commission of a crime, or which may constitute a threat to his or her safety, the law enforcement officer may take it and keep it until the completion of the questioning, at which time the law enforcement officer shall either return it, if lawfully possessed, or arrest the person so questioned.
968.25 AnnotationAn investigatory stop-and-frisk for the sole purpose of discovering a suspect’s identity was lawful under the facts of the case. State v. Flynn, 92 Wis. 2d 427, 285 N.W.2d 710 (1979).
968.25 AnnotationA stop-and-frisk was not an unreasonable search and seizure. State v. Williamson, 113 Wis. 2d 389, 335 N.W.2d 814 (1983).
968.25 AnnotationThis section permits an officer to search the passenger compartment of a vehicle for weapons if an individual who recently occupied the vehicle is stopped under s. 968.24 and the officer reasonably suspects that the officer or another is in danger of physical injury. State v. Moretto, 144 Wis. 2d 171, 423 N.W.2d 841 (1988).
968.25 AnnotationAlthough Terry, 392 U.S. 1 (1968), provides only for an officer to conduct a carefully limited search of the outer clothing in an attempt to discover weapons that might be used to assault the officer, under the circumstances of this case, the search was properly broadened to encompass the opening of the defendant’s purse, which was essentially an extension of her person when the purse was accessible by her. State v. Limon, 2008 WI App 77, 312 Wis. 2d 174, 751 N.W.2d 877, 07-1578.
968.25 AnnotationTerry tempered or torpedoed? The new law of stop and frisk. Lewis. WBB Aug. 1988.
968.25 NoteNOTE: See also the notes to article I, section 11, of the Wisconsin Constitution.
Notes of Decisions
Cited in 21
cases (1 in the last 5 years), 1976–2026 · leading case: State v. Williams, 2001 WI 21 (Wis. 2001).
State v. Williams, 2001 WI 21 (Wis. 2001). “Wisconsin has codified the Terry standard for protective searches in Wis. Stat. § 968.25 , and, as with the Terry stop standard, we follow those cases interpreting Terry .”
State v. Kelsey C.R., 2001 WI 54 (Wis. 2001). “The legislature codified this standard in Wis. Stat. § 968.25 . [9] As is the case with an investigative detention, the reasonable suspicion for a frisk must be based on "specific and articulable facts which, taken together with rational inferences from those facts, reasonably…”
State v. Eason, 2001 WI 98 (Wis. 2001). “11 (search incident to a lawful arrest); Wis. Stat. § 968.25 (search during temporary questioning).”
State v. Johnson, 2007 WI 32 (Wis. 2007). “2d 841 (1988), we noted that the central policy of [ Wis. Stat. § 968.25 ] is to "provide for the safety of the officer by permitting a search for weapons.”
State v. Young, 2006 WI 98 (Wis. 2006). “41 (1)obstructing an officerby the time he arrested Young on the porch, thereby justifying a full-blown search. ¶ 57 To prove Young guilty of obstruction, the State was required to show: (1) Young obstructed an officer, meaning his conduct prevented or made more difficult…”
State v. Kyles, 2004 WI 15 (Wis. 2004). “[12] Wis. Stat. § 968.25 ; Terry, 392 U.S. at 27 ; McGill, 234 Wis.”
State v. Moretto, 423 N.W.2d 841 (Wis. 1988). “The question certified to this court is whether sec. 968.25, Stats., permits a police officer to search for weapons in the vehicle of an *174 individual stopped for temporary questioning by the police.”
State v. Limon, 2008 WI App 77 (Wis. Ct. App. 2008). “or another [wa]s in danger of physical injury," Wis. Stat. § 968.25 ; and that the search was a valid weapons frisk.”
State v. Mata, 602 N.W.2d 158 (Wis. Ct. App. 1999). “1 (1968), and § 968.25, Stats., the statutory codification of Terry .”
State v. Williamson, 335 N.W.2d 814 (Wis. 1983). “" [7] Section 968.25, Stats. (1979-80) reads: "Search during temporary questioning.”
State v. Sumner, 2008 WI 94 (Wis. 2008). “11 We have previously noted that this standard of objective reasonableness has been codified in Wis. Stat. § 968.25 , which is construed in light of Terry and its progeny.”
State v. Taylor, 595 N.W.2d 56 (Wis. Ct. App. 1999). “Like the investigative stop, Wisconsin has adopted the Terry position on pat-downs and has codified the rule in § 968.25, Stats. 3 As with *497 § 968.24, Stats.”
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