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STATE v. NEITZEL

No. 2007AP2346-CR.

758 N.W.2d 159 (2008)

2008 WI App 143

STATE of Wisconsin, Plaintiff-Respondent, v. Timothy L. NEITZEL, Defendant-Appellant.

Court of Appeals of Wisconsin.

Opinion Filed August 21, 2008.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of David A. Nelson, West Bend.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Pamela Magee, asst. attorney general and J.B. Van Hollen, attorney general.

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

¶ 1 VERGERONT, J.

The issue on this appeal is whether the arresting officers violated Timothy Neitzel's Fourth Amendment right to be free from unreasonable searches when they unlocked a gas station restroom he occupied. The resolution of this issue turns on whether Neitzel had standing to assert this claim. We conclude Neitzel did not have standing because, at the time the officers unlocked the door, he did not have

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