STATE v. FOX

No. 2007AP685-CR.

758 N.W.2d 790 (2008)

2008 WI App 136

STATE of Wisconsin, Plaintiff-Appellant, v. Sean R. FOX, Defendant-Respondent.

Court of Appeals of Wisconsin.

Opinion Filed August 7, 2008.


Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Stephen W. Kleinmaier, assistant attorney general, and J.B. Van Hollen, attorney general.

On behalf of the defendant-respondent, the cause was submitted on the brief of Daniel M. Berkos, Mauston.

Before HIGGINBOTHAM, P.J., DYKMAN and VERGERONT, JJ.


¶ 1 HIGGINBOTHAM, P.J.

The State appeals a circuit court order granting Sean R. Fox's motion to suppress evidence of manufacturing methamphetamine, delivering drug paraphernalia and possession of waste from methamphetamine manufacturing. The dispositive issue is whether Fox has standing under the Fourth Amendment and art. I, § 11 of the Wisconsin Constitution to challenge the warrantless search of a trailer he was using in which the inculpatory evidence...

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