State v. Brian Harold Duchow, 2008 WI 57, reversing unpublished decision For Duchow: Melinda A. Swartz, SPD, Milwaukee Appellate Issue/Holding ¶21 This second component reflects that protections from unreasonable searches and seizures, as described in the Fourth Amendment of the federal constitution [15] as well as Article I, § 11 of the state constitution, [16] must be determined by reference to the… Read more
A. Expectation of privacy
State v. David Allen Bruski, 2007 WI 25, affirming 2006 WI App 53 For Bruski: Margaret A. Maroney, SPD, Madison Appellate Issue/Holding: Bruski did not establish an expectation of privacy in the automobile from which evidence was seized, where his only connection to the automobile was that he had passed out in it; further, he did not know… Read more
State v. David Allen Bruski, 2007 WI 25, affirming 2006 WI App 53 For Bruski: Margaret A. Maroney, SPD, Madison Appellate Issue/Holding: ¶23 Whether an individual had a reasonable expectation of privacy in an area subjected to a search depends on two prongs. Smith v. Maryland, 442 U.S. 735, 740 (1979); Dixon, 177 Wis. 2d at 468. First, whether the… Read more
State v. David Allen Bruski, 2007 WI 25, affirming 2006 WI App 53 For Bruski: Margaret A. Maroney, SPD, Madison Appellate Issue/Holding: ¶20 …Bruski, as the proponent of a motion to suppress, has the burden of establishing that his Fourth Amendment rights were violated by the search. Rawlings v. Kentucky, 448 U.S. 98, 104 (1980); Rakas v. Illinois, 439 U.S. 128… Read more
State v. David Allen Bruski, 2007 WI 25, affirming 2006 WI App 53 For Bruski: Margaret A. Maroney, SPD, Madison Appellate Issue/Holding: ¶32 Bruski argues that he had a reasonable expectation of privacy in his travel case, even if he did not have a reasonable expectation of privacy in Ms. Smith’s vehicle. The question of whether an… Read more
State v. Sylvester Sigarroa, 2004 WI App 16, PFR filed 1/2/04 For Sigarroa: John Pray, UW Law School Issue/Holding: ¶14. The State and Sigarroa propose different tests for determining the constitutionality of a warrantless garbage search… . … ¶16. Both parties are able to cite case law in support of their competing approaches. However, upon close… Read more
State v. Walter Leutenegger, 2004 WI App 127 For Leutenegger: Bill Ginsberg Issue/Holding: ¶21 n. 5: The State does not challenge the circuit court’s holding that the garage was part of the curtilage of Leutenegger’s house and subject to the warrant requirement. This implicit concession appears appropriate in this case. Published decisions on this topic consistently hold that… Read more
State v. Juan M. Orta, 2003 WI App 93 For Orta: Glenn L. Cushing, SPD, Madison Appellate Issue/Holding: ¶2 … (A)n individual who occupies a public restroom stall does not have a reasonable expectation of privacy when he or she occupies it with another individual, leaves the door slightly ajar and unlatched, and evinces no… Read more
