Wisconsin Act 79

Location: Wisconsin

The police are trying to seize a phone in my possession using Act 79. The phone was legally released to me by the jail. The police admitted they don't have a warrant for the data. Act 79 only applies to somebody on probation. Act 79 applies to property that the parolee 'controls.' He does not 'control' the phone. He is in jail.

1. Key Timeline of Events

January 14, 2026 (~8 pm): My brother (passenger in a vehicle) arrested during traffic stop for improper tail lights. Officer noted smell of marijuana - vehicle searched - everyone admitted to stashes. He was hesitant at first, but admitted shortly after. Brother had ½ oz marijuana (~14 grams) + 4 THC carts on him. Arrested for possession (likely Class I felony due to priors for selling marijuana).

Later that night (Jan 14): Jail legally released brother's phone to me (as family/property release).

January 15, 2026 (~2:30 pm): Brother texted me from jail (phone active/working, known to jail). Shared unlock code so I could find/contact his Probation Officer (PO) to leave positive message about life improvements. I accessed phone briefly for this purpose only (good-faith support).

January 15 (~5:30 pm): 2 officers visited family home, asked for the phone as evidence. Father said he knew nothing; I was at work. Officers said they'd return ~8-9 pm.

January 15 (~10 pm): I arrived home after visiting a friend. Officer pulled into driveway to speak. I recorded the interaction (pocket video; audio clear, legal in WI as one-party consent state).

1. Police Interaction Summary (Driveway, ~10 pm Jan 15)

Officer confirmed: Went to jail for phone under "Act 79 for probation" but jail said it was released to me. Wanted phone as evidence from "crime last night." Admitted no warrant for search (contents need warrant per Riley v. California), but claimed Act 79 allows seizure since "technically not your property." I asked questions, expressed discomfort, told him the phone was at work, offered to bring tomorrow after checking Act 79. Officer laughed lightly, accepted explanation, ended politely without forcing seizure.

1. Video/Audio transcript. This is protected by (Wis. Stat. § 968.31).

P: so i stopped out here earlier, and spoke with your dad, so we went out to the jail to get your brothers phone for evidence of a crime and they said they released it to you. Me: yeah P: do you have that phone? Me: I do, yeah. P: can i get that phone? Me: um, im not really comfortable doing that. Why exactly? P: well from the crime last night we need it for evidence. we tried to get it from the jail. Me: why didn't you just get it before? P: cuz the jail had it. we went to get it under act 79 for probation and then they said they gave it to you. Me: well i do have it... do you guys have like a warrant or anything? P: no they cant search the phone until they get a warrant, but we get the phone under act 79 through probation because its technically not your property. Me: it was released to me as my property, was it not? P: well its not yours, its HIS phone, but he gave it to you. Me: ok... well im not really sure about that exactly, could i maybe bring it tomorrow? P: you can just go get it and give it to me right now thats why were here. Me: I actually do not have it here. P: laughs okay well where is it then? Me: i have it at work. P: Its at work, at BLANK?? Me: yeah. P: Whys it at BLANK? Me: I just brought it with. P: ok. Me: Yeah. P: ok i mean thats fine, whatever we were just coming by to see if we could get it from you, thats all. Me: whats that act again or whatever? P: Act 79. Me: act 79 of probation? P: its for people that are on probation...so. Me: Okay, i will look into that, and i will bring it tomorrow if thats actually how it works. P: yup, well im not gonna make you go back to work and like get it Me: right right, if thats how it works ill bring it for ya. P: I appreciate your time. Me: yup, thank you.

I looked up act 79 and got different opinions from Ai. They all lead to: act 79 does not apply to me, but it is not a lawyer.

Just wondering what to do, I'm very uncomfortable, and feel like they are just lying to me and trying to get me to voluntarily give the phone up. I do not like the harassment, and I do not like how the officer knew I arrived home when I did.