Section 968.28. Application for court order to intercept communications.  


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  • The attorney general together with the district attorney of any county may approve a request of an investigative or law enforcement officer to apply to the chief judge of the judicial administrative district for the county where the interception is to take place for an order authorizing or approving the interception of wire, electronic or oral communications. The chief judge may under s. 968.30 grant an order authorizing or approving the interception of wire, electronic or oral communications by investigative or law enforcement officers having responsibility for the investigation of the offense for which the application is made. The authorization shall be permitted only if the interception may provide or has provided evidence of the commission of the offense of homicide, felony murder, kidnapping, commercial gambling, bribery, extortion, dealing in controlled substances or controlled substance analogs, a computer crime that is a felony under s. 943.70 , sexual exploitation of a child under s. 948.05 , trafficking of a child under s. 948.051 , child enticement under s. 948.07 , use of a computer to facilitate a child sex crime under s. 948.075 , or soliciting a child for prostitution under s. 948.08 , or any conspiracy to commit any of the foregoing offenses.
1971 c. 219 ; 1977 c. 449 ; 1983 a. 438 ; 1987 a. 399 ; 1995 a. 448 ; 2011 a. 271 . The authorization of a wiretap for offenses not enumerated in this section did not warrant suppression of the evidence obtained from the wiretap when the order included both enumerated and non-enumerated offenses and contained sufficient probable cause for the enumerated offenses, the evidence obtained by wiretap was for enumerated offenses, and charges were brought only for enumerated offenses. State v. House, 2007 WI 79 , 302 Wis. 2d 1 , 734 N.W.2d 140 , 05-2202 .