Section DHS 98.21 - Search and seizure(1) GENERAL POLICY. A search of a client or the client's living quarters or property may be made at any time, but only in accordance with this section.(2) PERSONAL SEARCH. (a) In this subsection, "personal search" means a search of a client's person, including but not limited to the client's pockets, frisking the client's body, an examination of the client's shoes and hat, and a visual inspection of the client's mouth.(b) A personal search of a client may be conducted by any field staff member under one or more of the following circumstances:1. If the staff member has reasonable grounds to believe that the client possesses contraband;2. At the direction of a supervisor;3. Before a client enters and after a client leaves the security enclosure of a correctional institution, jail or detention facility; or4. When a client is taken into custody.(c) A written report of every personal search shall be prepared by the staff member who conducted the search and shall be filed in the client's case record.(3) SEARCH OF LIVING QUARTERS OR PROPERTY.(a) A search of a client's living quarters or property may be conducted by field staff if there are reasonable grounds to believe that the quarters or property contain contraband. Approval of the supervisor shall be obtained unless exigent circumstances, such as suspicion the client will destroy contraband or use a weapon, require search without approval.(b) There shall be a written record of all searches of a client's living quarters or property. This record shall be prepared by the staff member who conducted the search and shall be filed with the agent's supervisor. If the search was conducted without the supervisor's approval because of exigent circumstances, a report stating what the exigent circumstances were shall be made part of the record and shall be filed with the supervisor within 48 hours of the search. The report shall state: 1. The identity of the client whose living quarters or property was searched;2. The identity of the staff member who conducted the search and the supervisor, if any, who approved it;3. The date, time, and place of the search;4. The reason for conducting the search. If the search was a random one, the report shall state this;5. Any items seized pursuant to the search; and6. Whether any damage was done to the premises or property during the search.(c) If any items are damaged pursuant to the search of a client's living quarters or property, the agent shall document the damage in the case record, inform his or her supervisor and inform the client.(d) In conducting searches, field staff may not disturb the effects of the client more than is necessary for thoroughness.(e) During searches, staff may not read any legal materials, any communication between the client and an attorney or any materials prepared in anticipation of a lawsuit. Staff are not prohibited from reading business records.(f) The agent may not forcibly enter a locked premises to conduct a search if the premises are the living quarters or property of a client and the client is not present.(4) RESPECT FOR THE CLIENT. Field staff shall strive to preserve the dignity of clients in all searches conducted under this section.(5) INFORMING THE CLIENT. Whenever feasible before a search is conducted under this section, the client shall be informed that a search is about to occur, why and how the search will be conducted and the place where the search is to occur.(6) CONTRABAND. In deciding whether there are reasonable grounds to believe that a client possesses contraband as defined in s. DHS 98.16(1), or that a client's living quarters or property contain contraband, a staff member shall consider: (a) The observations of staff members;(b) Information provided by informants;(c) The reliability of the information relied on. In evaluating reliability, attention shall be given to whether the information is detailed and consistent and whether it is corroborated;(d) The reliability of the informant. In evaluating reliability, attention shall be given to whether the informant has supplied reliable information in the past and whether the informant has reason to supply inaccurate information;(e) The activity of the client that relates to whether the client might possess contraband;(f) Information provided by the client that is relevant to whether the client possesses contraband;(g) The experience of a staff member with that client or in a similar circumstance;(h) Prior seizures of contraband from the client; and(i) The need to verify compliance with rules of supervision and state and federal law.Wis. Admin. Code Department of Health Services DHS 98.21
Cr. Register, July, 1992, No. 439, eff. 8-1-92.