(1) A search warrant must be executed and returned not more than 5 days after the date of issuance. (2) Any search warrant not executed within the time provided in sub. (1) shall be void and shall be returned to the judge issuing it. Execution of a search warrant is timely if it is in compliance with sub. (1) and if the probable cause that led to its issuance still exists at the time of its execution. The defense has the burden of proof in a timeliness challenge. State v. Edwards, 98 Wis. 2d 367, 297 N.W.2d 12 (1980). Law enforcement’s failure to return an order and inventory within the confines of this section and s. 968.17 did not render the execution of the order unreasonable. The timely return of a warrant is a ministerial duty that does not affect the validity of the search absent prejudice to the defendant. State v. Sveum, 2010 WI 92, 328 Wis. 2d 369, 787 N.W.2d 317, 08-0658. A search warrant issued for the placement and use of a global positioning system (GPS) tracking device is not a warrant issued “for the purpose of seizing designated property or kinds of property” under ss. 968.12 (1) and 968.13 and is therefore not subject to the requirements of this section or s. 968.17. State v. Pinder, 2018 WI 106, 384 Wis. 2d 416, 919 N.W.2d 568, 17-0208. The deadline to execute a search warrant in sub. (1) applies to the search of the places, and seizure of the items, designated in the search warrant and does not apply to later, off-site analysis of those items that is also authorized in the warrant. However, in some cases, the later, off-site analysis of seized items can be challenged as unreasonably delayed under the 4th amendment. State v. Drachenberg, 2023 WI App 61, 409 Wis. 2d 738, 998 N.W.2d 566, 22-2060.
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