968.20 Return of property frozen or seized.

654 words·~3 min read·/wi/chapter-968/968-20

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Any person claiming the right to possession of property frozen or seized under s. 971.109 or seized pursuant to a search warrant or seized without a search warrant, except for an animal taken into custody under s. 173.13

(1)or withheld from its owner under s. 173.21

(a), may apply for its return to the circuit court for the county in which the property was seized or where the search warrant was returned, except that a court may commence a hearing, on its own initiative, to return property seized under s. 968.26 . If an initial appearance under s. 970.01 is scheduled, the application for the return of the property shall be filed within 120 days of the initial appearance.

(1g)The court shall order such notice as it deems adequate to be given the district attorney and, unless notice was provided under s. 968.26

(7), to all persons who have or may have an interest in the property. The court shall hold a hearing to hear all claims to its true ownership. Except for a hearing commenced by the court, the hearing shall occur no more than 30 days after a motion is filed except that either party may, by agreement or for good cause, move the court for one extension of no more than 10 days. Any motion may be supported by affidavits or other submissions. If the right to possession is proved to the court’s satisfaction, it shall order the property, other than contraband or property covered under sub.

(1m)or

(1r)or s. 173.21

(4)or 968.205 , returned if the court finds any of the following:

(a)It is likely that the final judgment will be that the state must return the property to the claimant and the property is not reasonably needed as evidence or for other investigatory reasons or, if needed, satisfactory arrangements can be made for its return for subsequent use.

(am)The property is the only reasonable means for a defendant to pay for legal representation in the forfeiture or criminal proceeding, the property is not likely to be needed for payment of victim compensation, restitution, or fines, and the property is not reasonably needed as evidence or for other investigatory reasons. If the court makes this finding, it may order the return of funds or property sufficient to obtain legal counsel but less than the total amount seized and require an accounting.

(b)All proceedings and investigations in which it might be required have been completed.

(1h)If a court orders property returned under sub.

(1g), the court shall order the person not to sell, transfer, assign, or otherwise encumber the property until the court orders the property returned under s. 961.55

(3)or 973.075

(5), forfeited under s. 961.555 or 973.076 , or subject to restitution under s. 973.20 . If the person is subsequently convicted of or found to have committed the offense, the court shall order the person to surrender the returned property for proceedings under s. 961.555 or 973.076 , whichever is appropriate, or for restitution under s. 973.20 .

(a)In this subsection:

1. “Crime” includes an act committed by a juvenile or by an adult who is adjudicated incompetent that would have been a crime if the act had been committed by a competent adult.

2. “Dangerous weapon” has the meaning given in s. 939.22

(10).

(b)If the seized property is a dangerous weapon or ammunition, the property shall not be returned to any person who committed a crime involving the use of the dangerous weapon or the ammunition.

(c)Subject to par.

(d), seized property that is a dangerous weapon or ammunition may be returned to the rightful owner under this section if the owner had no prior knowledge of and gave no consent to the commission of the crime.