Legal Opinion

State v. Trecroci

Court of Appeals of Wisconsin

Decided May 2, 2001No. 00-1079-CR, 00-1080-CR, 00-1081-CR, 00-1082-CR, 00-1083-CRPublishedCited by 17 opinions

1Opinion of the CourtNettesheim, J.

¶1. The State of Wisconsin appeals from a trial court order granting a motion to suppress evidence filed by the defendants, Matthew J. Trecroci, Ryan J. Frayer, Ronnie J. Prayer, Scott E. Oberst and Amy L. Wicks. The police made a warrant-less entry into an interior stairway off of an enclosed porch entry to the building. The stairway led to Trecroci's second-floor apartment and to an attic area leased by the Frayers and Oberst. We hold that the defendants had a reasonable expectation of privacy in the stairway, thereby rejecting the State's argument that the stairway was a "common area" not…

2Cases cited35 opinions

  1. Katz v. United StatesSupreme Court of the United States · 1967
  2. Wong Sun v. United StatesSupreme Court of the United States · 1963
  3. Rakas v. IllinoisSupreme Court of the United States · 1979
  4. McDonald v. United StatesSupreme Court of the United States · 1948
  5. Minnesota v. OlsonSupreme Court of the United States · 1990

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3Cited by17 opinions

  1. In Re the Welfare of B.R.K.Supreme Court of Minnesota · 2003
  2. State v. Brett W. DumstreyWisconsin Supreme Court · 2016
  3. State v. Payano-RomanWisconsin Supreme Court · 2006
  4. State v. EskridgeCourt of Appeals of Wisconsin · 2002
  5. State v. OrtaCourt of Appeals of Wisconsin · 2003

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