Records warrant for a business permitted the search of defendant’s private office

Records warrant for a business permitted the search of defendant’s private office under the warrant. The defendant did not show a reasonable expectation of privacy in the records. State v. Lacount, 2008 WI 59, 310 Wis. 2d 85, 750 N.W.2d 780 (2008), certiorari denied, 2008 U.S. LEXIS 8599 (U.S., Dec. 1, 2008):

[*P39] We find LaCount’s assertion that the police exceeded the scope of the search warrant by searching LaCount’s personal office within GP&L’s office to be without merit. Because, the search warrant was a premises warrant, the police were entitled to search the entire premises, including the items within the premises, so long as such items were “plausible receptacles of the objects of the search.” Id. at 389. As a result, the search of LaCount’s personal office within GP&L’s office was warranted, because his office’s furnishings were plausible receptacles that were very likely to have contained the items that the search warrant authorized to be searched for and seized. Lawful searches, as here, may extend “‘to the entire area in which the object of the search may be found and [are] not limited by the possibility that separate acts of entry or opening may be required to complete the search.'” Id. at 389-90 (citation omitted).

[*P40] Furthermore, LaCount’s citation in his brief to O’Connor v. Ortega, 480 U.S. 709, 107 S. Ct. 1492, 94 L. Ed. 2d 714 (1987), in support of LaCount’s assertion that he had a reasonable expectation of privacy in his personal office is misplaced, because LaCount failed to meet his burden of providing specific information on what he alleged was seized inappropriately. Furthermore, LaCount failed to meet his burden of establishing, by a preponderance of the evidence, his subjective expectation of privacy. State v. Orta, 2003 WI App 93, P11, 264 Wis. 2d 765, 663 N.W.2d 358. This is true because LaCount never provided any specificity on his alleged expectation of privacy. He never testified as to what he claimed was seized inappropriately. We are satisfied that the warrant authorized the police to search all of GP&L’s premises, including LaCount’s personal office therein.

[*P41] We similarly hold that LaCount’s assertion that the police exceeded the scope of the search warrant by seizing records of GP&L’s clients other than those specifically named in the warrant is without merit. The DeSmidt decision is especially helpful on the issue relating to whether the police exceeded the scope of the search warrant. State v. DeSmidt, 155 Wis. 2d 119, 133-34, 454 N.W.2d 780 (1990). In that case, we stated that, when “there is probable cause to believe that there exists a pervasive scheme to defraud, all the records of a business may be seized.” Id. (citation omitted).

A school bus driver who was accused of threatening a disabled child, whose parents put a voice activated recorder in his bookbag, had no reasonable expectation of privacy in statements made on a school bus, and recordings could be used against him. State v. Duchow, 2008 WI 57, 310 Wis. 2d 1, 749 N.W.2d 913 (2008).*