I have to formulate a response to this question and issue of whether Ms. Duke illegally searched Mr. Halliday's property.

I am litigated in the Eastern District of Wisconsin. Could you please help me figure out 1. what newest binding precedent case I should use to determine if it was an illegal search and 2. whether you think it was an illegal search or not.

Thank you!

The scenario:

Our client is Jaydon Halliday.Mr. Halliday lives on Road M in the Town of Nashotah, WI.

Last August, Mr. Halliday was interrogated by Nashotah police detective Elly Duke related to the murder of Marion Figge.Marion Figge was murdered in June 2001, and it seems that Ms. Duke has focused on Mr. Halliday as a person of interest.Mr. Halliday appeared at the Nashotah police station and answered all of Ms. Duke's questions.He felt that the issue was resolved, as he had heard nothing further from Ms. Duke since the interrogation.

Unknown Mr. Mr. Halliday, however, Ms. Duke continued to investigate him, even after the initial interrogation.The police became interested in Mr. Halliday recently because of the work of a genetic genealogist, Cece Moore.Ms. Moore was hired by the Nashotah police department to try to use recovered DNA from the original crime scene to attempt to reverse engineer the identity of the suspect based on the family tree of people sharing DNA with the killer. Ms. Moore seems to think that members of Mr. Halliday's family shares DNA with the killer.Specifically, she believes that Mr. Halliday may be the murderer.To confirm her suspicions, Ms. Moore asked Ms. Duke to obtain DNA from Mr. Halliday, so that his DNA could be compared to the original DNA sample obtained from the crime scene.

To obtain the DNA they needed, Ms. Duke decided to drive to Mr. Halliday's home to simply ask him for a DNA sample.Ms. Duke did not believe Mr. Halliday would voluntarily provide the DNA sample she needed, but she felt it couldn't hurt to ask.This was her last resort.

Mr. Halliday lives down a private road that leads to his home. The road is maintained by Mr. Halliday and his family members and is about a mile long.It is tree-lined, has manicured grass near the road, and a sign at the start of the road indicating the road is private.There is also a gate at the front of the road that requires a passcode to enter.Often, however, the gate is left open, so vendors and guests can easily visit the residents.Three families live on this road: Mr. Halliday, his mother and father, and his sister and her husband, Janie and Andrew Prodehl.

When Ms. Duke approached the private road, she saw the "private road" sign, but also saw that the gate was open. Ms. Duke simply drove through the gate on the way to Mr. Halliday's house.As she was driving down the road, she saw Mr. Halliday walking down the road, and he discarded a cigarette butt on the ground near the bottom of Mr. Halliday's driveway, about a quarter mile down the road from the gated entrance.There was a small detached garage and bench at the bottom of the driveway, and he simply dropped the butt to the ground.

Ms. Duke slowed down, so that Mr. Halliday did not see her, and after he walked up the driveway and out of view, she retrieved the cigarette butt, placed it in an evidence bag, and headed back to the station.Ms. Duke had the DNA from the cigarette butt analyzed, and it allegedly matches the DNA from the crime scene.Mr. Halliday has been placed under arrest and is now in jail waiting trial.

I would like you to please research and draft a memo discussing whether Ms. Duke performed an illegal search of Mr. Halliday's property.