On Point blog, page 1 of 1
Defendant had no expectation of privacy in text messages he sent to another person
State v. Ryan H. Tentoni, 2015 WI App 77; case activity (including briefs)
Tentoni does not have an objectively reasonable expectation of privacy in the text messages delivered to another person’s phone and therefore can’t seek to suppress the text messages and other subsequently obtained phone records as fruit of the government’s illegal search of the phone.
Expectation of Privacy – Mail – Fictitous Addressee
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 gave his own name and thus “disassociated” himself from the addressee.
Expectation of Privacy – Mail, Generally
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 legitimate expectation of privacy in the thing or place searched or seized.
Expectation of Privacy — Mail, Prior to Delivery
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 package. This requirement occupies a middle ground, between a presumptive expectation of privacy and a requirement that the “challenger”