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14. Mail

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… Read More

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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

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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… Read More

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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

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