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Wisconsin Search Warrant Template

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Apr 28, 2017
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I have a request from another agency to do surveillance on a felon shooting firearms on his own property. I have told this other agency that they would need to draft a search warrant to do this type of function. I am wondering if anyone has a template for this type of surveillance? Thanks in advance.
 
I have a request from another agency to do surveillance on a felon shooting firearms on his own property. I have told this other agency that they would need to draft a search warrant to do this type of function. I am wondering if anyone has a template for this type of surveillance? Thanks in advance.
Well......

If you go into Google and type in ‘Wisconsin Search Warrant Template.

This comes back as one of the first results....


Or.....is that not what you mean?
 
I'm thinking a warrant would be necessary in order for the evidence to be valid in formal charges.? Then again, I would have thought the hiring authority would know that or have their own.
This is true. In addition, have them supply your sd cards or charge them for the cards as part of the job. Suggest to them that you give them the unedited cards upon completion of the flight(s). They need to have a detective with you at all times. Chain of evidence is important or a defense attorney will get it all tossed. Assuming your part 107, that will be another issue if not. Make them aware they are responsible for your UAS if the subject decides to shoot it down. You'll likely be asked to testify in court and the defense attorney will question your credentials, etc. Compiling evidence of any kind is no joke but UAS ops and video in general is subject to a lot of scrutiny.
 
This is true. In addition, have them supply your sd cards or charge them for the cards as part of the job. Suggest to them that you give them the unedited cards upon completion of the flight(s). They need to have a detective with you at all times. Chain of evidence is important or a defense attorney will get it all tossed. Assuming your part 107, that will be another issue if not. Make them aware they are responsible for your UAS if the subject decides to shoot it down. You'll likely be asked to testify in court and the defense attorney will question your credentials, etc. Compiling evidence of any kind is no joke but UAS ops and video in general is subject to a lot of scrutiny.
I guess the shooter would be facing additional charges (federal) if he shot your drone out of the sky too. Ha. Drone work is a hobby/part-time business for me and I've already been informed by my employer that I cannot use my drone for surveillance purposes with my real job however helpful that would be.
 
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You are all correct. In Wisconsin under SS#175.22 we are required to obtain a search warrant if we want to utilize a drone for video or photo evidence. If we used an actual aircraft we would need no warrant (makes no sense). I will be turning over the SD card when the flight is completed to the investigator in charge. I think they are looking for possible federal charges.
 
You are all correct. In Wisconsin under SS#175.22 we are required to obtain a search warrant if we want to utilize a drone for video or photo evidence. If we used an actual aircraft we would need no warrant (makes no sense). I will be turning over the SD card when the flight is completed to the investigator in charge. I think they are looking for possible federal charges.
So are you contracted through a law enforcement agency or what's your connection?
 
I am in Law Enforcement and work with other agencies near me. I was hoping that someone had done a search warrant already and I wouldn't have to re-invent the wheel.
 
You are all correct. In Wisconsin under SS#175.22 we are required to obtain a search warrant if we want to utilize a drone for video or photo evidence. If we used an actual aircraft we would need no warrant (makes no sense). I will be turning over the SD card when the flight is completed to the investigator in charge. I think they are looking for possible federal charges.
That's nuts. I was going to say there's been plenty of cases where a news helicopter, or other aircraft have gotten footage of someone from the air and didnt have a warrant, and the footage used in court. Hell what about if a neighbor video's the guy shooting on his back yard? Would that not be allowed as evidence in court? Just because it's a drone, you need a warrant?

I thought the law was all about logic, but so many times it defies logic. Ugh.

I would understand if you were using drone to look INSIDE the residence. Oh well, good to know.
 
That's nuts. I was going to say there's been plenty of cases where a news helicopter, or other aircraft have gotten footage of someone from the air and didnt have a warrant, and the footage used in court. Hell what about if a neighbor video's the guy shooting on his back yard? Would that not be allowed as evidence in court? Just because it's a drone, you need a warrant?

I thought the law was all about logic, but so many times it defies logic. Ugh.

I would understand if you were using drone to look INSIDE the residence. Oh well, good to know.
It would be interesting to find out if you "just happened to be flying overhead" and captured the illegal activity as compared to "intentionally obtaining" the footage. I think that's where the law comes into play.
 
I don't think that's the case because police are allowed to 'stake out' your house or business and take pictures/videos of a suspect outside his/her home or business building, without a warrant.

It does seem to be all about the drone use.
 
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175.55(2) (2) No Wisconsin law enforcement agency may use a drone to gather evidence or other information in a criminal investigation from or at a place or location where an individual has a reasonable expectation of privacy without first obtaining a search warrant under s. 968.12. This subsection does not apply to the use of a drone in a public place or to assist in an active search and rescue operation, to locate an escaped prisoner, to surveil a place or location for the purpose of executing an arrest warrant, or if a law enforcement officer has reasonable suspicion to believe that the use of a drone is necessary to prevent imminent danger to an individual or to prevent imminent destruction of evidence.

The great Wisconsin Law
 
175.55(2) (2) No Wisconsin law enforcement agency may use a drone to gather evidence or other information in a criminal investigation from or at a place or location where an individual has a reasonable expectation of privacy without first obtaining a search warrant under s. 968.12. This subsection does not apply to the use of a drone in a public place or to assist in an active search and rescue operation, to locate an escaped prisoner, to surveil a place or location for the purpose of executing an arrest warrant, or if a law enforcement officer has reasonable suspicion to believe that the use of a drone is necessary to prevent imminent danger to an individual or to prevent imminent destruction of evidence.

The great Wisconsin Law

Per the above, it sounds like you dont need a warrant since standing in your yard is not one of those places you can expect privacy (which is why police dont need a warrant to surveil people outside their homes.
 

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