Search

Wisconsin Statutes

Who May Search

Special Requirements

Seized Detainee - Privacy
- e.g. use of restroom

Fourth Amendment

Any officer

Only when arrestee's behavior, emotional or physical condition, or past record of self-harm are such as to engender a reasoned and articulable basis for maintaining direct visual oversight at all times is a viewing of an arrestee's bathroom use constitutionally justified.

Physically Disabled

Wis. Stat. §968.256

Any officer

A search of a physically disabled person shall be conducted in a careful manner. If a search of a physically disabled person requires the removal of an assistive device or involves a person lacking sensa­tion in some portion of his or her body, the search shall be con­ducted with extreme care by a person who has had training in han­dling physically disabled persons.

Strip Search of a Detainee As defined by the statute

Wis. Stat. §968.255

Same Sex Officer

- The detained person is not exposed to the view of any person not conducting the search;

- The search is not reproduced through a visual or sound recording;

- A person conducting the search has obtained the prior written permission of the chief, sheriff or law enforcement administrator of the jurisdiction where the person is detained, or his or her designee, unless there is probable cause to believe that the detained person is concealing a weapon; and

- A person conducting the search prepares a report identifying the person detained, all persons conducting the search, the time, date and place of the search and the written authorization required by par. (d), and provides a copy of the report to the person detained.

Strip Search - School Employee Pupil by School Employee

Wis. Stat. §118.32

Forbidden

Forbidden

Body Cavity Search

Wis Stat. §968.255(2)(a)

a physician, physician assistant or registered nurse licensed to practice in Wisconsin

Must meet strip search requirements. And, there must be probable cause to believe that the person has secreted contraband and/or weapons in the body cavities.

HIV Test

Wis. Stat. §968.38

district attorney with court pre-approval

Test by a physician.