E.D.Wis.: Ptfs state claim that City of Green Bay’s installation of listening devices in public hallways likely violates the 4A

The City of Green Bay installed listening devices in public hallways of City Hall to monitor all conversations there for security purposes. When they found out, plaintiffs sued claiming a reasonable expectation of privacy in conversations conducted in such a way to not be overhead. They state a claim for relief sufficient to get to discovery. The fact plaintiffs can’t yet say what was recorded and eavesdropped on isn’t reason to dismiss, yet. Wis. State Senate v. City of Green Bay, 2024 U.S. Dist. LEXIS 33131 (E.D. Wis. Feb. 27, 2024). [How did anyone in City Hall think this was a good idea and not a violation of the the Fourth Amendment and other state law?]

“The Court, however, does not evaluate the issuing judge’s finding of probable cause piecemeal, but instead looks at the decision ‘given all the circumstances set forth in the affidavit before him.’ Boles, 914 F.3d at 102. And McKnight ignores significant portions of the affidavit which contribute to the finding of probable cause. Indeed, the affidavit provided the court with ample information with which to make the ‘practical, common-sense’ determination required under Boles that there was a ‘fair probability that contraband or evidence’ would be discovered in the Infiniti. This is not a close call.” United States v. McKnight, 2024 U.S. Dist. LEXIS 33175 (D. Conn. Feb. 27, 2024).*