Wis. Stat. § 93.08

Current through Acts 2023-2024, ch. 272

Section 93.08 - Access for law enforcement

In performing their duties or in enforcing the laws entrusted to their administration, the department and its authorized agents may do all of the following:

(1) Enter, within reasonable hours, any field, orchard, garden, packing ground, building, freight or express office, warehouse, car, vessel, vehicle, room, cellar, storehouse, cold storage plant, packing house, stockyard, railroad yard or any other place of business, which it may be necessary or desirable for them to enter.

(2) Open any box, carton, parcel, package or other receptacle, inspect the contents thereof, and, upon payment or tender of the market value, take samples of any product or material contained therein.

(3) Inspect products and materials and collect and test samples of them.

Wis. Stat. § 93.08

1989 a. 282.

A warrantless inspection of a dairy farm under authority of ss. 93.08, 93.15(2), and 97.12(1) and related administrative rules made without prior notice and without the owner being present was not unconstitutional. Because the administrative rules govern operations, equipment, and processes not typically conducted in residential areas, the rules and statutes sufficiently preclude making warrantless searches of residences. Lundeen v. DATCP, 189 Wis. 2d 255, 525 N.W.2d 758 (Ct. App. 1994). This section authorizes the stop and search of vehicles transporting livestock in Wisconsin so long as certain constitutional safeguards are met. 77 Atty. Gen. 172.