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STATE v. REWOLINSKI

No. 88-2312-CR.

159 Wis.2d 1 (1990)

464 N.W.2d 401

STATE of Wisconsin, Plaintiff-Respondent, v. Robert Donald REWOLINSKI, Defendant-Appellant-Petitioner.

Supreme Court of Wisconsin.

Decided December 20, 1990.

Attorney(s) appearing for the Case

For the defendant-appellant-petitioner there were briefs by Brady C. Williamson, Jeffrey J. Kassel and LaFollette & Sinykin, Madison and oral argument by Mr. Williamson.

For the plaintiff-respondent the cause was argued by Sally Wellman, assistant attorney general, with whom on the briefs was Donald J. Hanaway, attorney general.

STEINMETZ, J.

The issues in this case are several:

(1) Does a criminal defendant bear the burden of establishing both that he manifested a subjective expectation of privacy that was allegedly invaded by government action and that that expectation was legitimate?

(2) Did the defendant have a legitimate expectation of privacy in the conversations or in the TDD1 printout tape that...

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