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STATE v. ORTA

No. 02-1008-CR.

264 Wis.2d 765 (2003)

2003 WI App 93

663 N.W.2d 358

STATE of Wisconsin, Plaintiff-Appellant, v. Juan M. ORTA, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided April 23, 2003.

Attorney(s) appearing for the Case

On behalf of the Plaintiff-appellant, the cause was submitted on the briefs of James E. Doyle, assistant attorney general, and Kathleen M. Ptacek, assistant attorney general, and oral argument by Kathleen M. Ptacek.

On behalf of the defendant-respondent, the cause was submitted on the brief and oral argument of Glenn L. Cushing, of Madison.

Before Nettesheim, P.J., Brown and Snyder, JJ.

¶ 1. NETTESHEIM, P.J.

The State appeals from a trial court order granting Juan M. Orta's motion to suppress evidence of drug possession. The court ruled that Orta had a legitimate expectation of privacy in the public rest room stall where he engaged in a drug transaction with another individual and therefore Orta had standing to challenge the search.

¶ 2. We reverse the trial court's order. We conclude that an individual who occupies a public restroom...

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