Legal Opinion · Dissent

State v. Brett W. Dumstrey

Wisconsin Supreme Court

Decided January 15, 2016No. 2013AP000857-CRPublished

1DissentAnn Walsh Bradley, J.

¶ 72. (dissenting). The maj ority's application of the Fourth Amend-*102merit's protections creates a great inequity among the people of Wisconsin. The Fourth Amendment protects the "right of the people to be secure in their person, houses, papers, and effects, against unreasonable searches and seizures ..."

¶ 73. It does not distinguish among the types of dwellings we call home, giving one more protection than another. There is no room in the language for this court to do otherwise. Nevertheless, under the majority opinion, the protections of the home now apparently depend on whether an…

2Cases cited18 opinions

  1. Katz v. United StatesSupreme Court of the United States · 1967
  2. Florida v. JardinesSupreme Court of the United States · 2013
  3. Arizona v. HicksSupreme Court of the United States · 1987
  4. Silverman v. United StatesSupreme Court of the United States · 1961
  5. Kentucky v. KingSupreme Court of the United States · 2011

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