Search and seizure; when authorized.

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23.61 Search and seizure; when authorized. A search of a person, object or place may be made and things may be seized when the search is made:

(1) Incident to a lawful arrest;

(2) With consent;

(3) Pursuant to a valid search warrant;

(4) With the authority and within the scope of a right of lawful inspection;

(5) Incident to the issuance of a lawfully issued citation under s. 23.60;

(6) During an authorized temporary questioning under s. 23.59; or

(7) As otherwise authorized by law.

History: 1975 c. 365.

The warrantless search of a fisherman's truck by state conservation wardens under s. 29.33 (6) [now s. 29.519 (6)] was presumptively reasonable. State v. Erickson, 101 Wis. 2d 224, 303 N.W.2d 850 (Ct. App. 1981).


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