Warrantless Search-Ineffective Assistance of Counsel

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Bryson M. Bland

Case No.: 2022AP001470-CR

Officials: White, C.J., Donald, P.J., and Dugan, J.

Focus: Warrantless Search-Ineffective Assistance of Counsel

Bland appeals his judgment of conviction, entered upon guilty pleas, for two counts of possession of a firearm by a felon. Bland argues that he had standing under the Fourth Amendment as a frequent guest with a reasonable expectation of privacy to challenge the warrantless search that led to the second count. Additionally, Bland argues that trial counsel was ineffective for failing to investigate and present an additional witness to establish his standing to challenge the search. Upon review, the appeals court concludes that while Bland may have established standing as a guest, he did not have a reasonable expectation of privacy under the mattress in the child’s bedroom where the gun was found. Further, the appeals court concludes that Bland failed to show he received ineffective assistance of counsel.

Affirmed.

Decided 10/24/23

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