Passengers had no legitimate expectation of privacy in the glove box or under the seat of a car. Rakas v. Illinois, 439 U.S. 128, 99 S. Ct. 421, 58 L. Ed. 2d 387 (1978).

A court may not suppress otherwise admissible evidence on the ground that it was seized unlawfully from a third party not before court. United States v. Payner, 447 U.S. 727, 100 S. Ct. 2439, 65 L. Ed. 2d 468 (1980).

Defendants charged with crimes of possession may only claim the benefits of the exclusionary rule if their own 4th amendment rights have in fact been violated. United States v. Salvucci, 448 U.S. 83, 100 S. Ct. 2547, 65 L. Ed. 2d 619 (1980).

When police entered a third party’s house to execute an arrest warrant, evidence discovered during the search was inadmissible. Steagald v. United States, 451 U.S. 204, 101 S. Ct. 1642, 68 L. Ed. 2d 38 (1981).

A prisoner has no constitutionally protected reasonable expectation of privacy in the prisoner’s cell. Hudson v. Palmer, 468 U.S. 517, 104 S. Ct. 3194, 82 L. Ed. 2d 393 (1984).

The state need not prove that the defendant consenting to a search knew of the right to withhold consent. Florida v. Rodriguez, 469 U.S. 1, 105 S. Ct. 308, 83 L. Ed. 2d 165 (1984).

A warrantless entry to premises is permitted under the 4th amendment when entry is based upon third-party consent and officers reasonably believed the third party possessed authority to consent. Illinois v. Rodriguez, 497 U.S. 177, 110 S. Ct. 2793, 111 L. Ed. 2d 148 (1990).

An officer’s opening of a closed bag found on the floor of a suspect’s car during a search of the car made with the suspect’s consent was not unreasonable. Florida v. Jimeno, 500 U.S. 248, 111 S. Ct. 1801, 114 L. Ed. 2d 297 (1991).

A defendant can urge suppression of evidence obtained in violation of constitutional protections only if that defendant’s rights were violated. United States v. Padilla, 508 U.S. 77, 113 S. Ct. 1936, 123 L. Ed. 2d 635 (1993).

The 4th amendment does not require that a seized person must be advised that the person is free to go before the person’s consent to a search can be recognized as voluntary. Ohio v. Robinette, 519 U.S. 33, 117 S. Ct. 417, 136 L. Ed. 2d 347 (1996).

A physically present inhabitant’s express refusal of consent to a police search is dispositive as to that inhabitant, regardless of the consent of a fellow occupant. If a potential defendant with self-interest in objecting is in fact at the door and objects, the co-tenant’s permission does not suffice for a reasonable search, whereas the potential objector, nearby but not invited to take part in the threshold colloquy, loses out. Georgia v. Randolph, 547 U.S. 103, 126 S. Ct. 1515, 164 L. Ed. 2d 208 (2006).

When a police officer makes a traffic stop, the driver of the car and its passengers are seized within the meaning of the 4th amendment and so may challenge the constitutionality of the stop. Brendlin v. California, 551 U.S. 249, 127 S. Ct. 2400, 168 L. Ed. 2d 132 (2007).

Consent by one resident of jointly occupied premises is generally sufficient to justify a warrantless search. However, a physically present inhabitant’s express refusal of consent to a police search of the inhabitant’s home is dispositive as to the inhabitant, regardless of the consent of a fellow occupant. An occupant who is absent due to a lawful detention or arrest stands in the same shoes as an occupant who is absent for any other reason. That the arrested occupant had made an objection to the search of the premises before the occupant’s removal did not change the sufficiency of a still present occupant’s subsequent consent. Fernandez v. California, 571 U.S. 292, 134 S. Ct. 1126, 188 L. Ed. 2d 25 (2014).

As a matter of federal law, an appellant cannot assert an alleged violation of his wife’s 4th amendment rights as a basis for suppression, at his trial, of evidence taken from his wife. Mabra v. Gray, 518 F.2d 512 (1975).

Zurcher: Third Party Searches and Freedom of the Press. Cantrell. 62 MLR 35 (1978).

But What of Wisconsin’s Exclusionary Rule? The Wisconsin Supreme Court Accepts Apparent Authority to Consent as Grounds for Warrantless Searches. Schmidt. 83 MLR 299 (1999).

State v. Stevens: Consent by Deception in the Context of Garbage Searches. Thompson. 1987 WLR 191.

Probable cause meeting constitutional requirements for issuance of the search warrant of the defendant’s premises was not established by testimony of a police officer that a youth found in possession of amphetamines informed the officer that a shipment of marijuana was being delivered to the defendant’s premises, when it was established that the officer had no previous dealings with the informant and could not personally attest to the informant’s reliability. The warrant was invalid. State ex rel. Furlong v. Waukesha County Court, 47 Wis. 2d 515, 177 N.W.2d 333 (1970).

Probable cause for arrest without a warrant under the 4th amendment of the U.S. Constitution is applicable in this state. Tests for probable cause are discussed. A citizen informer is not subject to the requirement that the officer show prior reliability of the informant. State v. Paszek, 50 Wis. 2d 619, 184 N.W.2d 836 (1971).

Probable cause must exist prior to a search of body orifices. State v. Guy, 55 Wis. 2d 83, 197 N.W.2d 774 (1972).

An affidavit reciting that a reliable informant had reported seeing a large quantity of heroin in the defendant’s apartment was sufficient to support a search warrant. State v. Mansfield, 55 Wis. 2d 274, 198 N.W.2d 634 (1972).

Unauthorized out-of-court disclosures of private marital communications may not be used in a proceeding to obtain a search warrant. Muetze v. State, 73 Wis. 2d 117, 243 N.W.2d 393 (1976).

A search warrant designating an entire farmhouse occupied by the accused and “other persons unknown” was not invalid despite the multiple occupancy. State v. Suits, 73 Wis. 2d 352, 243 N.W.2d 206 (1976).

A warrant authorizing the search of the “entire first-floor premises” encompassed a balcony room that was part and parcel of the first floor. Rainey v. State, 74 Wis. 2d 189, 246 N.W.2d 529 (1976).

A search warrant obtained on an affidavit containing misrepresentations by a police officer as to the reliability of an unnamed informant is invalid. When the search is conducted within a reasonable time following an arrest based on probable cause, the search will be sustained even though it was conducted in execution of an invalid warrant. Schmidt v. State, 77 Wis. 2d 370, 253 N.W.2d 204 (1977).

Affidavits for search warrants need not be drafted with technical specificity nor demonstrate the quantum of probable cause required in a preliminary examination. The usual inferences that reasonable persons draw from evidence are permissible, and doubtful or marginal cases should be resolved by the preference to be accorded to warrants. State v. Starke, 81 Wis. 2d 399, 260 N.W.2d 739 (1978).

Probable cause for arrest, standing alone, does not justify taking a blood sample for a blood test without first obtaining a search warrant. To be admissible, the blood test must have been required by the exigencies of the situation, and the sample must have been drawn in a reasonable manner. State v. Bentley, 92 Wis. 2d 860, 286 N.W.2d 153 (Ct. App. 1979). See also State v. Kennedy, 2014 WI 132, 359 Wis. 2d 454, 856 N.W.2d 834, 12-0523.