Legal Opinion

State v. Neitzel

Court of Appeals of Wisconsin

Decided August 21, 2008No. 2007AP2346-CRPublishedCited by 1 opinion

1Opinion of the CourtVergeront, J.

¶ 1. The issue on this appeal is whether the arresting officers violated Timothy Neitzel's Fourth Amendment right to be free from unreasonable searches when they unlocked a gas station restroom he occupied. The resolution of this issue turns on whether Neitzel had standing to assert this claim. We conclude Neitzel did not have standing be*212cause, at the time the officers unlocked the door, he did not have an expectation of privacy that society is willing to recognize as reasonable.

¶ 2. Therefore, although our analysis differs from that of the circuit court, we affirm the court's order denying…

2Cases cited5 opinions

  1. Kirsch v. StateCourt of Special Appeals of Maryland · 1970
  2. State v. BoyntonNew Jersey Superior Court Appellate Division · 1997
  3. People v. HuntMichigan Court of Appeals · 1977
  4. State v. OrtaCourt of Appeals of Wisconsin · 2003
  5. United States v. Lonnie Maurice HillCourt of Appeals for the Eighth Circuit · 2005

3Cited by1 opinion

  1. State v. NeitzelCourt of Appeals of Wisconsin · 2008

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