Legal Opinion

State v. Orta

Court of Appeals of Wisconsin

Decided April 23, 2003No. 02-1008-CRPublishedCited by 7 opinions

1Opinion of the CourtNettesheim, P.J.

¶ 1. The State appeals from a trial court order granting Juan M. Orta's motion to suppress evidence of drug possession. The court ruled that Orta had a legitimate expectation of privacy in the public rest room stall where he engaged in a drug transaction with another individual and therefore Orta had standing to challenge the search.

¶ 2. We reverse the trial court's order. We conclude that an individual who occupies a public restroom stall does not have a reasonable expectation of privacy when he or she occupies it with another individual, leaves the door slightly ajar and unlatched, and…

2Cases cited17 opinions

  1. Katz v. United StatesSupreme Court of the United States · 1967
  2. United States v. SalvucciSupreme Court of the United States · 1980
  3. Minnesota v. CarterSupreme Court of the United States · 1999
  4. Buchanan v. StateCourt of Criminal Appeals of Texas · 1971
  5. Brown v. StateCourt of Special Appeals of Maryland · 1968

12 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. State v. LaCountWisconsin Supreme Court · 2008
  2. People v. MageeCalifornia Court of Appeal · 2011
  3. State v. NeitzelCourt of Appeals of Wisconsin · 2008
  4. State v. PowersDistrict Court of Appeal of Florida · 2008
  5. State v. LaCountWisconsin Supreme Court · 2008

2 more not listed; retrieve them via the Exa API.

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