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9 Wisconsin opinions name it 2 courts 2012–2024 2 in the last five years
The cases below were cited by Wisconsin courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
United States v. Jonesgreen2 sentences2022See United States v. Jones, 565 U.S. 400, 406, 409 (2012) (“Fourth Amendment rights do not rise or fall with the Katz formulation…. [T]he Katz reasonable-expectation-of-privacy test has been added to, not substituted for, the common-law trespassory test.” (citations omitted)); Dumstrey, 366 Wis. 2d 64, ¶28 (same); see also Jardines, 569 U.S. at 11 (“[W]e need not decide whether the officers’ investigation of Jardines’ home violated his expectation of privacy under Katz.”); Weber, 372 Wis. 2d 202, ¶130 (A. Bradley, J., dissenting) (“Fourth Amendment jurisprudence emphasizing privacy over trespa 2019Thus, even assuming Anderson was, in fact, within the residence’s curtilage, see Dumstrey, 366 Wis. 2d 64, ¶32 , he cannot claim that Shepler violated his reasonable expectation of privacy under real or personal property law—i.e., “the common-law trespassory test”—because Shepler did not physically intrude upon the residence or its curtilage to gather information about Anderson, see Jones, 565 U.S. at 408-09 . | 3 | 9 |
Florida v. Jardinesgreen2 sentences2024The court stated that “the occupant of a vehicle has no reasonable expectation of privacy in the air space surrounding a vehicle that he [or she] is occupying in a public place.” Arias, 311 Wis. 2d 358, ¶22 . ¶21 We conclude, however, that Campbell had a property interest in the interior of her vehicle under the common-law trespassory test.5 See Florida v. Jardines, 569 U.S. 1, 11 (2013) (“One virtue of the Fourth Amendment’s property- rights baseline is that it keeps easy cases easy.”). 2022See United States v. Jones, 565 U.S. 400, 406, 409 (2012) (“Fourth Amendment rights do not rise or fall with the Katz formulation…. [T]he Katz reasonable-expectation-of-privacy test has been added to, not substituted for, the common-law trespassory test.” (citations omitted)); Dumstrey, 366 Wis. 2d 64, ¶28 (same); see also Jardines, 569 U.S. at 11 (“[W]e need not decide whether the officers’ investigation of Jardines’ home violated his expectation of privacy under Katz.”); Weber, 372 Wis. 2d 202, ¶130 (A. Bradley, J., dissenting) (“Fourth Amendment jurisprudence emphasizing privacy over trespa | 3 | 4 |
State v. Brett W. Dumstreygreen2 sentences2022See United States v. Jones, 565 U.S. 400, 406, 409 (2012) (“Fourth Amendment rights do not rise or fall with the Katz formulation…. [T]he Katz reasonable-expectation-of-privacy test has been added to, not substituted for, the common-law trespassory test.” (citations omitted)); Dumstrey, 366 Wis. 2d 64, ¶28 (same); see also Jardines, 569 U.S. at 11 (“[W]e need not decide whether the officers’ investigation of Jardines’ home violated his expectation of privacy under Katz.”); Weber, 372 Wis. 2d 202, ¶130 (A. Bradley, J., dissenting) (“Fourth Amendment jurisprudence emphasizing privacy over trespa 2019Thus, even assuming Anderson was, in fact, within the residence’s curtilage, see Dumstrey, 366 Wis. 2d 64, ¶32 , he cannot claim that Shepler violated his reasonable expectation of privacy under real or personal property law—i.e., “the common-law trespassory test”—because Shepler did not physically intrude upon the residence or its curtilage to gather information about Anderson, see Jones, 565 U.S. at 408-09 . | 1 | 2 |
State v. Ariasgreen1 sentence2024The court stated that “the occupant of a vehicle has no reasonable expectation of privacy in the air space surrounding a vehicle that he [or she] is occupying in a public place.” Arias, 311 Wis. 2d 358, ¶22 . ¶21 We conclude, however, that Campbell had a property interest in the interior of her vehicle under the common-law trespassory test.5 See Florida v. Jardines, 569 U.S. 1, 11 (2013) (“One virtue of the Fourth Amendment’s property- rights baseline is that it keeps easy cases easy.”). | 1 | 1 |
State v. Richard L. Webergreen1 sentence2022See United States v. Jones, 565 U.S. 400, 406, 409 (2012) (“Fourth Amendment rights do not rise or fall with the Katz formulation…. [T]he Katz reasonable-expectation-of-privacy test has been added to, not substituted for, the common-law trespassory test.” (citations omitted)); Dumstrey, 366 Wis. 2d 64, ¶28 (same); see also Jardines, 569 U.S. at 11 (“[W]e need not decide whether the officers’ investigation of Jardines’ home violated his expectation of privacy under Katz.”); Weber, 372 Wis. 2d 202, ¶130 (A. Bradley, J., dissenting) (“Fourth Amendment jurisprudence emphasizing privacy over trespa | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Wisconsin. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Popp
green
2 sentences2014Jones, Jardines, and State v. Popp, 2014 WI App 100 , 357 Wis. 2d 696 , 855 N.W.2d 471 , all involved constitutionally protected areas. 2014Jones, Jardines, and State v. Popp, 2014 WI App 100 , 357 Wis. 2d 696 , 855 N.W.2d 471 , all involved constitutionally protected areas. | 1 | 2014–2014 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.