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Search & Seizure – Private Action

County of Jefferson v. Karla J. Raue, 2010AP3131, District 4, 7/7/11

court of appeals decision (1-judge, not for publication); for Raue: Walter Arthur Piel, Jr.; case activity

Act of bar patron (turning off car and taking key from Raue) was private, non-governmental action, therefore didn’t implicate Raue’s 4th amendment rights. State v. Butler, 2009 WI App 52, 317 Wis. 2d 515, 768 N.W.2d 46 (acts of private security guard not subject to 4th amendment scrutiny), followed; State v. Keith, 2003 WI App 47, 260 Wis. 2d 592, 659 N.W.2d 403 (stop effectuated by police officer outside his jurisdiction upheld as permissible citizen’s arrest), distinguished.

Similar discussion, this post: Waupaca County v. Heather M. Krueger, 2010AP1290.

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