STATE v. RAMIREZ

No. 98-0996-CR.

228 Wis.2d 561 (1999)

598 N.W.2d 247

STATE of Wisconsin, Plaintiff-Respondent, v. Domingo G. RAMIREZ, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided June 2, 1999.


Attorney(s) appearing for the Case

On behalf of the defendant-appellant, there were briefs and oral argument by Donald T. Lang, assistant state public defender.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of James E. Doyle, attorney general, and Warren D. Weinstein, assistant attorney general. There was oral argument by Warren D. Weinstein.

Before Brown, Nettesheim and Anderson, JJ.


BROWN, J.

When the State seizes a package from the mail and searches it prior to its delivery to a person's residence, who has the burden of establishing the existence of an expectation of privacy toward the package when the name on the package is not that of the resident? We hold that the defendant in such a case has the initial burden of establishing some reasonable expectation of privacy in the package. This burden is minimal. Here, although it is true that the...

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