To have a 4th amendment claim, an individual must have standing. Standing exists when an individual has a reasonable expectation of privacy, which requires meeting a two-prong test: 1) whether the individual’s conduct exhibits an actual, subjective, expectation of privacy in the area searched and the item seized; and 2) if the individual has the requisite expectation of privacy, whether the expectation of privacy is legitimate or justifiable. State v. Bruski, 2007 WI 25, 299 Wis. 2d 177, 727 N.W.2d 503, 05-1516.

In considering whether an individual’s expectation of privacy is legitimate or justifiable, the following may be relevant: 1) whether the accused has a property interest in the premises; 2) whether the accused is lawfully on the premises; 3) whether the accused has complete dominion and control and the right to exclude others; 4) whether the accused takes precautions customarily taken by those seeking privacy; 5) whether the property is put to some private use; and 6) whether the claim of privacy is consistent with historical notions of privacy. State v. Bruski, 2007 WI 25, 299 Wis. 2d 177, 727 N.W.2d 503, 05-1516.

Whether an individual may have a reasonable expectation of privacy in personal property found inside a vehicle that the individual does not have a reasonable expectation of privacy in is not governed by a bright-line rule. Principles pertinent to whether there is a reasonable expectation of privacy are that: 1) personal property found in vehicles is treated differently than personal property found in dwellings, there being a lesser expectation of privacy in vehicles; 2) neither ownership nor possession of an item alone establishes a reasonable expectation of privacy; and 3) an individual’s expectation of privacy in the space, rather than concepts of property law, is critical. State v. Bruski, 2007 WI 25, 299 Wis. 2d 177, 727 N.W.2d 503, 05-1516.

When the defendant was only suspected of driving a vehicle with a suspended registration for an emissions violation and failing to signal for a turn, violations in no way linked to criminal activity or weapons possession, and when the only purported basis for a protective search was a single, partially obscured movement of the defendant in the vehicle that the officers observed from their squad car, the behavior observed by the officers was not sufficient to justify a protective search of the defendant’s person and car. State v. Johnson, 2007 WI 32, 299 Wis. 2d 675, 729 N.W.2d 182, 05-0573.

Weaving within a single traffic lane does not alone give rise to the reasonable suspicion necessary to conduct an investigative stop of a vehicle. The reasonableness of a stop must be determined based on the totality of the facts and circumstances. State v. Post, 2007 WI 60, 301 Wis. 2d 1, 733 N.W.2d 634, 05-2778.

A private party’s discovery, and subsequent disclosure to law enforcement, of contraband is not prohibited by the 4th amendment when there is no reasonable expectation of privacy in dealings with the private party. One does not generally have a reasonable expectation of privacy when delivering property to a private shipping company, particularly when the shipping company posts a sign reserving its right to inspect parcels left with it for shipping. State v. Sloan, 2007 WI App 146, 303 Wis. 2d 438, 736 N.W.2d 189, 06-1271.

An employee of a private company is not acting on behalf of the government and is free to disclose a package and material to law enforcement. Law enforcement, without a warrant, can properly replicate the search the employee has already conducted. By otherwise replicating the private-party search, police did not exceed the scope of the private search by conducting a field test for drugs. State v. Sloan, 2007 WI App 146, 303 Wis. 2d 438, 736 N.W.2d 189, 06-1271.

The emergency doctrine permits officers investigating a kidnapping case to conduct a warrantless search if the officers possess an objectively reasonable belief that the particular search will result in finding the victim or evidence leading to the victim’s location. Police need not delay rescue when they reasonably believe that a kidnap victim is being held and a search of the premises will lead to the victim or to information about the victim’s whereabouts; time is of the essence. State v. Larsen, 2007 WI App 147, 302 Wis. 2d 718, 736 N.W.2d 211, 06-1396.

One common factor in some cases in which courts have concluded that the officers did not have a justifiable basis for conducting a protective sweep has been that the protective search takes place after the traffic investigation has been completed. A protective sweep was justified when there were specific facts that demonstrated that the officers’ primary concern was indeed weapons and safety and the protective search was the first thing the officers did and was not an afterthought. State v. Alexander, 2008 WI App 9, 307 Wis. 2d 323, 744 N.W.2d 909, 07-0403.

The fact that an officer told the defendant that the defendant was under arrest did not necessarily establish an arrest when immediately after making that statement the officer told the defendant that the defendant would be issued a citation and then would be free to go. Although the statements are contradictory, the assurance that the defendant would be issued a citation and released would lead a reasonable person to believe the person was not in custody. Under those circumstances, a search of the defendant was not incident to a lawful arrest and, as such, unlawful. State v. Marten-Hoye, 2008 WI App 19, 307 Wis. 2d 671, 746 N.W.2d 498, 06-1104.

Because of the limited intrusion resulting from a dog sniff for narcotics and the personal interests that this section were meant to protect, a dog sniff around the outside perimeter of a vehicle located in a public place is not a search under the Wisconsin Constitution. The 78 seconds during which the dog sniff occurred were not an unreasonable incremental intrusion upon the defendant’s liberty. State v. Arias, 2008 WI 84, 311 Wis. 2d 358, 752 N.W.2d 748, 06-0974.

The “search incident to arrest” exception to the 4th amendment warrant requirement holds that a lawful arrest creates a situation justifying a contemporaneous, warrantless search of the arrestee’s person and the area within the arrestee’s immediate control. It is reasonable to search an area near the arrestee but not an area so broad as to be unrelated to the protective purposes of the search. Although a bedroom might be considered within the defendant’s immediate presence or control, the search of a bedroom was not a search incident to arrest after the defendant had been removed from the home as the defendant could not have gained possession of a weapon or destructible evidence. State v. Sanders, 2008 WI 85, 311 Wis. 2d 257, 752 N.W.2d 713, 06-2060.

The potential availability of an innocent explanation does not prohibit an investigative stop. If any reasonable inference of wrongful conduct can be objectively discerned, notwithstanding the existence of innocent inferences that could be drawn, officers have the right to temporarily detain an individual for the purpose of inquiry. State v. Limon, 2008 WI App 77, 312 Wis. 2d 174, 751 N.W.2d 877, 07-1578.

Although Terry, 392 U.S. 1 (1968), provides only for an officer to conduct a carefully limited search of the outer clothing in an attempt to discover weapons that might be used to assault the officer, under the circumstances of this case, the search was properly broadened to encompass the opening of the defendant’s purse, which was essentially an extension of the defendant’s person when the purse was accessible by the defendant. State v. Limon, 2008 WI App 77, 312 Wis. 2d 174, 751 N.W.2d 877, 07-1578.

Reasonable suspicion was not obviated by the fact that 15 minutes passed between the time of a stop and a protective search when the defendant was kept under continuous surveillance. The passage of time can be a factor in the totality of the circumstances, but it is not likely to be a determinative factor in establishing or eliminating reasonable suspicion for a frisk. State v. Sumner, 2008 WI 94, 312 Wis. 2d 292, 752 N.W.2d 783, 06-0102.

The standing of a guest to challenge a search is measured by the guest’s relationship to the property and the host. When a person claims guest status, the analysis examines the evidence in light of: 1) whether the guest’s use of the premises is for a purely commercial purpose; 2) the duration of the guest’s stay; and 3) the nature of the guest’s relationship to the host. The defendant did not have standing when there was little evidence of the duration or closeness of the defendant’s friendship with the property owner, the defendant did not have a long-term relationship to the place and was not an overnight guest, and at the time of the search, used it largely for a commercial purpose. State v. Fox, 2008 WI App 136, 314 Wis. 2d 84, 758 N.W.2d 790, 07-0685.

The defendant did not have standing to assert a 4th amendment violation based on an officer unlocking the door of the public restroom the defendant occupied. The defendant’s expectation of privacy was not reasonable when, while the defendant’s initial use of the restroom was for its intended purpose, the defendant continued to have the private use of the locked restroom for at least 25 minutes without responding to knocking and while dozing off. State v. Neitzel, 2008 WI App 143, 314 Wis. 2d 209, 758 N.W.2d 159, 07-2346.

Based on the reasoning in Pallone, 2000 WI 77, and under the facts of this case, the police could search the personal belongings of a passenger that were found outside a motor vehicle incident to the arrest of the driver. State v. Denk, 2008 WI 130, 315 Wis. 2d 5, 758 N.W.2d 775, 06-1744.

An entry into a home was illegal when police, after seizing contraband from the defendant and seeing others on cell phones, acted on a hunch that someone would destroy evidence at the defendant’s residence and entered the residence without a warrant upon the silence of the defendant’s elderly mother and made a protective sweep without seizing any contraband. However, the illegality was attenuated by knowledge that contraband was seized after two hours had passed from the entry, no search for contraband took place during the entry, and the eventual search of the residence was pursuant to a valid search warrant. State v. Rogers, 2008 WI App 176, 315 Wis. 2d 60, 762 N.W.2d 795, 07-1850.

Government involvement in a search is not measured by the primary occupation of the actor, but by the capacity in which the actor acts at the time in question. An off-duty officer acting in a private capacity in making a search does not implicate the 4th amendment. When an officer opened mail that contained evidence of criminal activity that was incorrectly addressed to a person other than the officer at the officer’s home address, the officer’s action was that of a private citizen. State v. Cole, 2008 WI App 178, 315 Wis. 2d 75, 762 N.W.2d 711, 07-2472. See also State v. Berggren, 2009 WI App 82, 320 Wis. 2d 209, 769 N.W.2d 110, 08-0786.

In a community caretaker context, when under the totality of the circumstances an objectively reasonable basis for the community caretaker function is shown, that determination is not negated by the officer’s subjective law enforcement concerns. An officer may have law enforcement concerns even when the officer has an objectively reasonable basis for performing a community caretaker function. State v. Kramer, 2009 WI 14, 315 Wis. 2d 414, 759 N.W.2d 598, 07-1834. See also State v. Gracia, 2013 WI 15, 345 Wis. 2d 488, 826 N.W.2d 87, 11-0813; State v. Maddix, 2013 WI App 64, 348 Wis. 2d 179, 831 N.W.2d 778, 12-1632.

A three-step test is used to evaluate the reasonableness of a seizure made under the community caretaker exception: 1) that a seizure within the meaning of the 4th amendment has occurred; 2) whether the police conduct was bona fide community caretaker activity; and 3) whether the public need and interest outweighed the intrusion upon the privacy of the individual. A bona fide community caretaker activity is one that is divorced from the detection, investigation, or acquisition of evidence relating to the violation of a criminal statute. State v. Kramer, 2009 WI 14, 315 Wis. 2d 414, 759 N.W.2d 598, 07-1834.

Even if no probable cause exists, a police officer may conduct a traffic stop when, under the totality of the circumstances, the officer has grounds to reasonably suspect that a crime or traffic violation has been or will be committed. The officer must be able to point to specific and articulable facts that, taken together with rational inferences from those facts, reasonably warrant the intrusion of the stop. The crucial question is whether the facts would warrant a reasonable police officer, in light of the officer’s training and experience, to suspect that the individual has committed, was committing, or is about to commit a crime. While any one fact, standing alone, might well be insufficient for reasonable suspicion, as facts accumulate, reasonable inferences about the cumulative effect can be drawn. State v. Popke, 2009 WI 37, 317 Wis. 2d 118, 765 N.W.2d 569, 08-0446.

A security guard’s seizure, detention, and search of the defendant was not a government action that permitted the invocation of the exclusionary rule because, unless state action is involved, a defendant detained by another citizen has no right to suppress the fruits of the citizen’s search. Although a citizen may detain another citizen for a misdemeanor committed in the citizen’s presence and amounting to a breach of the peace, the court left for another day whether a citizen is privileged to detain another whom the citizen sees breaching the peace by doing something that is not a crime, but an offense subject to a forfeiture. State v. Butler, 2009 WI App 52, 317 Wis. 2d 515, 768 N.W.2d 46, 08-1178.

The extent to which law enforcement is permitted to rely on exigent circumstances for a warrantless entry of a home has a relationship to the seriousness of the offense. When the underlying offense for which there is probable cause to arrest is relatively minor, courts should be very hesitant to find exigent circumstances. In determining the extent to which the underlying offense may support a finding of exigency, the critical factor is the penalty that may attach. Courts, in evaluating whether a warrantless entry is justified by exigent circumstances, should consider whether the underlying offense is a jailable or nonjailable offense, rather than whether the legislature has labeled that offense a felony or a misdemeanor. State v. Ferguson, 2009 WI 50, 317 Wis. 2d 586, 767 N.W.2d 187, 07-2095.

During a traffic stop, a police officer may make inquiries to obtain information confirming or dispelling the officer’s suspicions concerning weapons or other dangerous articles. The response that a person provides to an officer’s inquiry, including the absence of or refusal to provide a response, may provide information that is relevant to whether a protective search is reasonable and is therefore a factor to be considered alongside other factors that together comprise the totality of the circumstances. In this case, failure to provide an explanation effectively transformed what the defendant maintained was an innocent movement into a specific, articulable fact supporting a reasonable suspicion that the defendant posed a threat to the officers’ safety. State v. Bridges, 2009 WI App 66, 319 Wis. 2d 217, 767 N.W.2d 593, 08-1207.

The holding of Angelia D.B., 211 Wis. 2d 140 (1997), that searches on school grounds must be supported by reasonable suspicion extends to searches in school parking lots. A school search is legal when it satisfies a two-prong test: 1) the search must be justified at its inception; and 2) reasonably related in scope to the circumstances that justified the interference in the first place. A school official has the responsibility to keep students safe on school grounds. The search in this case was justified at its inception because school officials were put on alert that the defendant was in possession of drugs that day, and school officials must act on such a tip. When searches of the defendant’s person, backpack, and locker were cleared, the search was reasonable in scope when the next step for school officials was to search the defendant’s car. State v. Schloegel, 2009 WI App 85, 319 Wis. 2d 741, 769 N.W.2d 130, 08-1310.

When officers found themselves in the middle of an unstable situation—having to decide whether to stand guard over the open door to an apartment potentially occupied by armed individuals prepared to attack them while they took the time necessary to obtain a warrant, or instead to retreat and risk the destruction of evidence, along with a continuing risk of attack—the circumstances posed the sort of special risks that required the officers to act immediately and to forego obtaining a warrant and constituted exigent circumstances justifying warrantless entry. State v. Lee, 2009 WI App 96, 320 Wis. 2d 536, 771 N.W.2d 373, 07-2976.

Unlike in Johnson, 2007 WI 32, where the defendant’s head and shoulder movement did not give reasonable suspicion to conduct a search of the person and car, in this case, the defendant after being stopped in the defendant’s vehicle made three to five furtive-type movements that the trial court found were attempts to hide something. While the number of acts by itself may not be determinative of a reasonable basis, the persistence in the gesture is a specific, articulable measure of a strong intent to hide something from the police officer who made the stop. Further, when the defendant said the object seemingly being hidden was candy, it was reasonable to doubt the truthfulness of that response, and it created another articulable suspicion to support the inference that the defendant was trying to hide a gun. State v. Bailey, 2009 WI App 140, 321 Wis. 2d 350, 773 N.W.2d 488, 08-3153.