Jones v. State
In Jones v. State, 226 Wis. 2d 565, 587, 594 N.W.2d 738 (1999), cert. denied, 145 L. Ed. 2d 942, 120 S. Ct. 995 (2000), police seized cash and drug paraphernalia from Jones's person and car after arresting him for operating while intoxicated.
One question presented was whether Jones could reclaim his property under Wis. Stat. 968.20.
The Court concluded that contraband need not be returned under the statute. Thus, the court looked to Wis. Stat. 968.13(1)(a), which defines contraband, to determine whether cash counts as contraband. The key distinction is not whether an item is per se illegal, but rather whether it has been used in an illegal manner. See Jones, 226 Wis. 2d at 590.