Follow Us

Facebooktwitterrss
≡ Menu

Search & Seizure – Applicability of Exclusionary Rule — Government Action – Conduct by Non-Police Officer Pursuant to Court Order

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 were conducted pursuant to an order issued by Judge Carlson under the authority conferred on the circuit courts by the Wisconsin Supreme Court in Rule 22.271(2). The courts are an arm of the government. Therefore, Judge Race correctly ruled, and the State properly concedes, that Garczynski’s conduct was governmental. As such, it must comport with the Fourth Amendment.

 

Facebooktwitterlinkedinmail
{ 0 comments… add one }

Leave a Comment