If the property or any part thereof is in a building or enclosure the sheriff may demand its delivery. If the property is not delivered the sheriff shall advise the plaintiff of the refusal of the delivery. The plaintiff may then apply to the court for a warrant upon a sufficient showing of probable cause that the property is contained in the building or enclosure and upon delivery of the warrant of the judicial officer to the sheriff the sheriff may then enter and take the property.
810.09.Property in building, how taken.
Ch. 810: Replevin · Last amended 1977 · Last verified July 15, 2026
In one sentenceSection 810.09 lets a sheriff demand access to replevied property kept inside a building, and if the occupant refuses, allows the plaintiff to obtain a warrant on a showing of probable cause so the sheriff can enter and take it.
Full Text of Section 810.09
Plain-English Summary
Replevied property is not always sitting out in the open. Section 810.09 addresses what happens when it is inside a building or other enclosure. The sheriff’s first step is to demand delivery of the property from whoever has it.
If that demand is refused, the sheriff cannot force entry on the spot. Instead, the sheriff advises the plaintiff of the refusal, who may then go to the court and ask for a warrant. The court will issue one only on a sufficient showing of probable cause that the property is inside the building or enclosure named.
Once the judicial officer’s warrant reaches the sheriff, the sheriff gains the authority to enter and take the property. The warrant requirement is the safeguard: a sheriff cannot break into a building on a hunch, but a court-tested showing of probable cause opens the door.
Frequently Asked Questions
Can a sheriff enter a building to seize replevied property without a warrant?
The sheriff first demands delivery. Only if that demand is refused does the process move toward a warrant; entry to take the property happens after the judicial officer issues one.
What has to be shown before a court will issue a warrant under section 810.09?
Probable cause that the property is contained in the building or enclosure in question.
Who applies for the warrant when the property holder refuses to deliver it?
The plaintiff, after the sheriff advises the plaintiff that delivery was refused.
What can the sheriff do once the warrant is issued?
Enter the building or enclosure and take the property.
What happens if the person holding the property hands it over when asked?
Then the warrant process never comes into play — section 810.09 turns to the court only after a refusal.
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 758 (1975); Stats. 1975 s. 810.09; 1977 c. 308.
Source & verification. Section text and official notes are
reproduced verbatim from the Wisconsin Statutes, published by the
Wisconsin Legislature (Legislative Reference Bureau). Last verified July 15, 2026.
· Official source
Also known as: replevin property inside a building wisconsinsheriff warrant to seize property wisconsinprobable cause replevin warrantsection 810.09 wisconsin