968.14 Use of force. All necessary force may be used to execute a search warrant or to effect any entry into any building or property or part thereof to execute a search warrant.
Officers acted legally when, armed with a search warrant, they knocked on a door, pushed it open when the defendant opened it 2 inches, and put him under restraint before showing the warrant. State v. Meier, 60 Wis. 2d 452, 210 N.W.2d 685 (1973).
To dispense with the rule of announcement in executing a warrant, particular facts must be shown in each case that support an officer's reasonable suspicion that exigent circumstances exist. An officer's experience and training are valid relevant considerations. State v. Meyer, 216 Wis. 2d 729, 576 N.W.2d 260 (1998), 96-2243.
Irrespective of whether the search warrant authorizes a “no-knock" entry, reasonableness is determined when the warrant is executed. State v. Davis, 2000 WI App 270, 240 Wis. 2d 15, 622 N.W.2d 1, 99-2537.
There is no blanket exception to the knock and announce requirement for executing warrants. To justify no-knock entry, a reasonable suspicion that knocking and announcing will be dangerous, or futile, or will inhibit the effective investigation of a crime must exist. Richards v. Wisconsin, 520 U.S. 385, 117 S. Ct. 1416, 137 L. Ed. 2d 615 (1997).
NOTE: See also the notes to article I, section 11, of the Wisconsin Constitution.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 968 - Commencement of criminal proceedings.
968.02 - Issuance and filing of complaints.
968.03 - Dismissal or withdrawal of complaints.
968.04 - Warrant or summons on complaint.
968.05 - Corporations or limited liability companies: summons in criminal cases.
968.06 - Indictment by grand jury.
968.07 - Arrest by a law enforcement officer.
968.073 - Recording custodial interrogations.
968.075 - Domestic abuse incidents; arrest and prosecution.
968.08 - Release by law enforcement officer of arrested person.
968.085 - Citation; nature; issuance; release of accused.
968.09 - Warrant on failure to appear.
968.10 - Searches and seizures; when authorized.
968.11 - Scope of search incident to lawful arrest.
968.13 - Search warrant; property subject to seizure.
968.135 - Subpoena for documents.
968.15 - Search warrants; when executable.
968.16 - Detention and search of persons on premises.
968.17 - Return of search warrant.
968.18 - Receipt for seized property.
968.19 - Custody of property seized.
968.20 - Return of property frozen or seized.
968.205 - Preservation of certain evidence.
968.21 - Search warrant; secrecy.
968.22 - Effect of technical irregularities.
968.24 - Temporary questioning without arrest.
968.25 - Search during temporary questioning.
968.256 - Search of physically disabled person.
968.265 - Lie detector tests; sexual assault victims.
968.28 - Application for court order to intercept communications.
968.30 - Procedure for interception of wire, electronic or oral communications.
968.31 - Interception and disclosure of wire, electronic or oral communications prohibited.
968.32 - Forfeiture of contraband devices.
968.33 - Reports concerning intercepted wire or oral communications.
968.34 - Use of pen register or trap and trace device restricted.
968.35 - Application for an order for a pen register or a trap and trace device.
968.36 - Issuance of an order for a pen register or a trap and trace device.
968.37 - Assistance in the installation and use of a pen register or trap and trace device.
968.373 - Warrant to track a communications device.
968.38 - Testing for HIV infection and certain diseases.
968.41 - Oath or affirmation of grand jurors.
968.42 - Presiding juror and clerk.
968.43 - Reporter; salary; assistant.
968.45 - Witness rights; transcripts.
968.47 - District attorney, when to attend.
968.49 - Fine for nonattendance.
968.50 - Report progress and return indictments.
968.505 - Procedure upon discharge of grand jury.
968.51 - Indictment not to be disclosed.