Legal Opinion

State v. Fox

Court of Appeals of Wisconsin

Decided August 7, 2008No. 2007AP685-CRPublishedCited by 1 opinion

1Opinion of the Court

HIGGINBOTHAM, EJ.

¶ 1. The State appeals a circuit court order granting Sean R. Fox's motion to suppress evidence of manufacturing methamphetamine, delivering drug paraphernalia and possession of waste from methamphetamine manufacturing. The dis-positive issue is whether Fox has standing under the Fourth Amendment and art. I, § 11 of the Wisconsin Constitution to challenge the warrantless search of a trailer he was using in which the inculpatory evidence was discovered. We conclude that Fox lacked standing and therefore the circuit court erred in reaching the merits of Fox's motion to suppress…

2Cases cited11 opinions

  1. Katz v. United StatesSupreme Court of the United States · 1967
  2. Minnesota v. OlsonSupreme Court of the United States · 1990
  3. Minnesota v. CarterSupreme Court of the United States · 1999
  4. State v. PoellingerWisconsin Supreme Court · 1990
  5. State v. WhitrockWisconsin Supreme Court · 1991

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3Cited by1 opinion

  1. State v. LuxCourt of Appeals of Wisconsin · 2018

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