968.22 Effect of technical irregularities. No evidence seized under a search warrant shall be suppressed because of technical irregularities not affecting the substantial rights of the defendant.
The incorrect identification of a building's address in a warrant was a technical error and did not render the resulting search unreasonable when the search made was of the building identified by the informant, which was otherwise correctly identified in the warrant. State v. Nicholson, 174 Wis. 2d 542, 497 N.W.2d 791 (Ct. App. 1993).
Mistakes on the face of a warrant were a technical irregularity under this section and the warrant met the 4th amendment standard of reasonableness when although the warrant identified the car to be searched incorrectly two times, the executing officer attached and incorporated an affidavit that correctly identified the car 3 times, describing the correct color, make, model, and style of the car along with the correct license plate, and the information was based on the executing officer's personal knowledge from prior encounters. State v. Rogers, 2008 WI App 176, 315 Wis. 2d 60, 762 N.W.2d 795, 07-1850.
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.