(Download) "State V. Sigarroa" by State of Wisconsin in Court of Appeals District II * eBook PDF Kindle ePub Free
eBook details
- Title: State V. Sigarroa
- Author : State of Wisconsin in Court of Appeals District II
- Release Date : January 10, 2003
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
¶1. Sylvester Sigarroa appeals from a judgment of conviction and an order denying post-conviction relief for conspiracy to possess cocaine with intent to deliver contrary to Wis. Stat. §§ 961.41(1x) and 961.41(1m)(cm) (2001-02),*fn1 maintaining a dwelling that is used for manufacturing, keeping, or delivering controlled substances contrary to Wis. Stat. § 961.42(1); and possession of drug paraphernalia contrary to Wis. Stat. § 961.573(1). Sigarroa argues that the police search of a trash dumpster located outside of his apartment building violated his Fourth Amendment rights because he had a reasonable expectation of privacy in his trash. Sigarroa also contends that the trial court erred in denying his motion for a mistrial made when a key State witness improperly implied to the jury that Sigarroa had a prior criminal record. We conclude that Sigarroa did not have an actual, subjective expectation of privacy; we further conclude that considering the facts and circumstances of this case, society would not recognize an expectation of privacy as reasonable. Finally, we conclude that under the entirety of the case, the impropriety of the statements by the State's witness was not so prejudicial as to affect the verdict, given that the court struck the statements at the time and, at the conclusion of trial, the court gave the standard jury instruction telling the jury to ignore all things stricken. Therefore, we affirm.