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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” “show that he or she uses the name on the package as an alias or alter ego.” Instead, the defendant “need(s) to present some reason as to why he would expect that the package, when it came, was intended for him.”

Use of a false name may not forfeit privacy expectation in contents of mailing, People v. Pereira, Cal App No. A114794, 5/15/07.

 

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