State v. Thomas G. Martwick, 2000 WI 5, 231 Wis.2d 801, 604 N.W.2d 552, reversing unpublished decision For Martwick: Robert P. Rusch Issue: Whether plants found on Martwick’s property were within his curtilage, and therefore subject to the warrant requirement, or in “open fields.” Holding: The plants were in open fields, outside the curtilage, and therefore could be… Read more
A. Expectation of privacy
State v. Robert C. Knight, 2000 WI App 16, 232 Wis.2d 305, 606 N.W.2d 291 For Knight: Scott B. Taylor. Issue: Whether the seizure of files earmarked for destruction by a disbarred attorney violated the fourth amendment. Holding: The files, which the disbarred attorney had turned over to a third party for destruction, had been abandoned… Read more
State v. Domingo G. Ramirez, 228 Wis.2d 561, 598 N.W.2d 247 (Ct. App. 1999) For Ramirez: Donald T. Lang, SPD, Madison Appellate. Holding: When the state searches mail prior to delivery to a residence, and the addressee is not a resident, that person has a (“minimal”) burden of establishing some reasonable expectation of privacy in the… Read more
Tayr Kilaab Al Ghashiyah (Kahn) v. McCaughtry, 230 Wis.2d 587, 602 N.W.2d 307 (Ct. App. 1999) For Kahn: Walter W. Stern. Issue: Whether a prison inmate may be strip-searched, under the fourth amendment, upon being taken to or from segregation. Holding: “(W)e conclude that a prison inmate in segregation status does not possess a reasonable expectation… Read more
State v. Michael Wilson, 229 Wis.2d 256, 600 N.W.2d 14 (Ct. App. 1999) For Wilson: Martha A. Askins, SPD, Madison Appellate. Issue/Holding: Officer’s invasion of home’s curtilage, where he smelled marijuana burning inside, held unlawful. Court enumerates various factors relevant to extent of curtilage protection, and stresses that fourth amendment protects both home and area around… Read more
State v. Richard D. Yakes, 226 Wis.2d 425, 595 N.W.2d 108 (Ct. App. 1999) Issue/Holding: Yakes owned a commercial enterprise, on whose property was a dumpster owned by the disposal company. The police, acting without a warrant, seized evidence from the dumpster. Yakes, the court of appeals holds, did not demonstrate a reasonable expectation of privacy… Read more
State v. Melvin Thompson, 222 Wis. 2d 179, 585 N.W.2d 905 (Ct. App. 1998) For Thompson: Phillip J. Brehm Issue/Holding: No published Wisconsin case has specifically addressed whether one has a reasonable expectation of privacy in a hospital emergency room or operating room. Accordingly, we analyze the question under the general approach for determining whether… Read more
Kelly L. McCray, 220 Wis. 2d 705, 583 N.W.2d 668 (Ct. App. 1998) For McCray: Paul LaZotte Issue/Holding: A guest who has exceeded his authorized stay loses any expectation of privacy in the residence … Read more
