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F. Private search or seizure

State v. Willie B. Cole, 2008 WI App 178 For Cole: Scott A. Szabrowicz Issue/Holding: The exclusionary rule applies only to government action, not private searches, ¶12. If the State asserts that the action was private in nature the burden shifts to the defendant to prove by governmental involvement, preponderance of evidence, id.  … Read More

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State v. Willie B. Cole, 2008 WI App 178 For Cole: Scott A. Szabrowicz Issue: Whether the action of a police officer in opening a letter misaddressed to the officer’s residence from a House of Correction inmate was private and therefore outside fourth amendment scrutiny. Holding: ¶13   There appears to be no Wisconsin case addressing the… Read More

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State v. Christopher D. Sloan, 2007 WI App 146 For Sloan: Thomas E. Hayes Issue/Holding: Inspection of package by UPS personnel and subsequent disclosure of its contents to police didn’t require a warrant, because of lack of governmental involvement in the initial search. ¶10 A private party’s discovery, and subsequent disclosure to law enforcement, of… Read More

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State v. Tomas Payano-Roman, 2006 WI 47, reversing 2005 WI App 118 For Payano-Roman: Timothy A. Provis Issue: Whether the administration to an arrestee of a laxative at a hospital was under 4th amendment constraints because of the involvement of the police (including keeping the defendant handcuffed in the hospital room; police administration of the laxative; their palpable goal… Read More

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State v. Tomas Payano-Roman, 2006 WI 47, reversing 2005 WI App 118 For Payano-Roman: Timothy A. Provis Issue/Holding: ¶17      … Private searches are not subject to the Fourth Amendment’s protections because the Fourth Amendment applies only to government action. State v. Rogers, 148 Wis.  2d 243, 246, 435 N.W.2d 275 (Ct. App. 1988) ….¶18      The court of appeals in Rogers stated three… Read More

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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 seizure of a disbarred attorney’s client files by a court-ordered trustee amounted to governmental action so as to trigger fourth amendment protections. Holding: ¶8 Here, Garczynski’s seizure and search of Knight’s client files… Read More

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