Motion to Suppress – 4th Amendment

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WI Supreme Court

Case Name: State of Wisconsin v. Brett W. Dumstrey

Case No.: 2013AP857-CR

Practice Area: Motion to Suppress – 4^th Amendment

Parking garage under appellant homes does not constitute curtilage of his home and no expectation of privacy awarded there.

“That the parking garage is included within the enclosure of the entire apartment building could tend to favor the garage being part of his home’s curtilage. However, we note that, under this same rationale, Dumstrey’s 29 fellow tenants’ apartments are likewise included within the same enclosure as his own apartment. As indicated above, it cannot reasonably be contended that each of these tenants’ homes constitutes part of Dumstrey’s home for purposes of the Fourth Amendment. Therefore, we are not persuaded by the parking garage being included within the overall enclosure that encompasses the entire apartment building.”

Affirmed

PROSSER, GABLEMAN, J.J., concur. (Opinion Filed)

A.W. BRADLEY, ABRAHAMSON, J.J., dissent. (Opinion Filed)

R.G. Bradley, J., did not participate.

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.