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STATE v. ORTA

Nos. 97-3105-CR, 97-3106-CR.

231 Wis.2d 782 (2000)

2000 WI 4

604 N.W.2d 543

STATE of Wisconsin, Plaintiff-Appellant-Petitioner, v. Lisa ORTA, Defendant-Respondent. STATE of Wisconsin, Plaintiff-Appellant-Petitioner, v. Ricardo RUIZ, Defendant-Respondent.

Supreme Court of Wisconsin.

Decided January 19, 2000.

Attorney(s) appearing for the Case

For the plaintiff-appellant-petitioner the cause was argued by Stephen W. Kleinmaier, assistant attorney general, with whom on the brief was James E. Doyle, attorney general.

For the defendant-respondent, Lisa Orta, there was a brief by Mark F. Nielsen and Schwartz, Tofte & Nielsen, LTD., Racine and oral argument by Mark F. Nielsen.

For the defendant-respondent, Ricardo Ruiz, there was a statement by Michael P. Reisterer, Jr. and Reisterer Law Office, Kalamazoo, MI, that they adopt the brief of Lisa Orta.

Amicus curiae brief was filed by Mary E. Waitrovich, assistant state public defender and Nicholas L. Chiarkas, state public defender for the State Public Defender.

Amicus curiae brief was filed by Howard B. Eisenberg, Milwaukee for the Wisconsin Association of Criminal Defense Lawyers.

¶ 1. WILLIAM A. BABLITCH, J.

The question presented in these consolidated cases is whether evidence that is seized pursuant to a rule expounded by this court must be suppressed when that rule is subsequently determined by the United States Supreme Court to be unreasonable under the Fourth Amendment.

¶ 2. We considered this identical issue in a separate case decided today, State v. Ward, 2000 WI...

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