On Point: A. Expectation of privacy

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 it. In this case, the officer went into a backyard area where children played,

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 as to his trash. The court adopts United States v. Hall,

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 a person has a reasonable expectation of privacy in an area where evidence is gathered.

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

State v. Anthony Harris, 206 Wis. 2d 243, 557 N.W.2d 245 (1996), reversing unpublished decision of court of appeals
For Harris: Robert J. Diaz

Issue: Whether passenger who is not target of vehicle stop has standing to challenge its lawfulness.

Holding:

… [M]ost of the federal circuit courts have held that a traffic stop of a vehicle constitutes a seizure of any of the passengers.