7th Circuit decision Terry Stop / Frisk 1. Pulling up in a patrol car and telling Gentry to keep his hands up amounted to a stop for purposes of Terry analysis. 2. The stop, which was based on a report of a “suspicious person,” without reference to any specific facts concerning a crime, was not… Read more
A. Expectation of privacy
State v. Michael A. Sveum, 2009 WI App 81, affirmed on other grounds, 2010 WI 92 For Sveum: Robert J. Kaiser, Jr. Issue/Holding: The Wisconsin Electronic Surveillance Control Law excludes from coverage “(a)ny communication from a tracking device,” § 968.27(4)(d); a GPS device is such a “tracking device” and, therefore excluded from WESCL coverage… Read more
State v. Dwan J. Earl, 2009 WI App 99 For Earl: Mark D. Richards, Christy Marie Hall Issue/Holding: Earl did not satisfy the “initial minimal burden of establishing some reasonable expectation of privacy” in a package addressed to a fictitious recipient at a vacant residence; moreover, when Earl picked up the package from the driver he… Read more
State v. Dwan J. Earl, 2009 WI App 99 For Earl: Mark D. Richards, Christy Marie Hall Issue/Holding: ¶9 Sealed packages sent through the mail are entitled to full protection under the Fourth Amendment. United States v. Jacobsen, 466 U.S. 109, 114 (1984). In order to challenge a warrantless search or seizure, one must show a… Read more
State v. Elliot B. Russ, Sr., 2009 WI App 68 For Russ: Barry S. Buckspan Issue/Holding: No expectation of privacy protected papers left in courthouse hallway and subsequently seized and photocopied by court personnel: ¶12 Although Russ’s main brief on this appeal asserts that, as testified-to by Carlson, the affidavits were in a folder when Carlson saw them, the… Read more
State v. Elliot B. Russ, Sr., 2009 WI App 68 For Russ: Barry S. Buckspan Issue/Holding: ¶11 The first issue turns on whether Russ had a reasonable expectation of privacy in the affidavits that he left on the bench. See Roberts, 196 Wis. 2d at 453, 538 N.W.2d at 828 (“[B]efore a defendant can invoke the protections of… Read more
State v. Timothy L. Neitzel, 2008 WI App 143 For Neitzel: David A. Nelson Issue/Holding: Under the particular circumstances, the sole occupant of a locked, public restroom had no reasonable expectation of privacy given that he occupied the room for at least 25 minutes and then failed to respond to pounding on the door. The court… Read more
State v. Sean R. Fox, 2008 WI App 136 For Fox: Daniel M. Berkos Issue/Holding: Permissive guest who had not stayed overnight lacked expectation of privacy in a mobile home: ¶21 The facts of this case contrast with those of Trecroci and more closely resemble those of Carter. Fox’s relationship to his hosts, Terry and McCoy, and to the… Read more
