(dissenting). I disagree with the majority's conclusion that Humane Officer Winkel's warrantless search of the Schweglers' barn was unreasonable. I also disagree that See v. City of Seattle, 387 U.S. 541 (1967), governs this case.
The fourth amendment protects against unreasonable searches and seizures. As the majority correctly recognizes, the primary objective of the fourth amendment is the protection of privacy. State v. Bauer, 127 Wis. 2d 401, 405, 379 N.W.2d 895, 897 (Ct. App. 1985).
Here, the Schweglers are licensed as a commercial stable pursuant to a Waukesha county ordinance. This ordinance permits and requires regular inspections of commercial stables. The Schweglers knew of this requirement and, in fact, their premises had previously been subject to inspections by Officer Winkel, sometimes when the Schweglers were not present. On the day in question, the Schweglers left the barn doors unlocked and open sufficient to allow entry. Under these circumstances, the Schweglers nonetheless contend that Officer Winkel's entry into their unlocked commercial operation was unreasonable.
The majority overreads and overapplies See. The facts in See are markedly different from those in this case. There, the owner had unequivocally demonstrated and asserted his privacy expectation by locking his commercial warehouse. A greater demonstration of such a privacy expectation can hardly be imagined. In such a case, I too would require a warrant.
See recognizes that commercial premises may be reasonably inspected in many more situations than pri*503vate homes. See, 387 U.S. at 545-46. See also Marshall v. Barlow's, Inc., 436 U.S. 307, 312-13 (1978). Here the Schweglers, knowing their property was subject to periodic inspections, left the barn unlocked and accessible to any person with a right to be on the premises. Officer Winkel, pursuant to her authority, certainly had such a right. The Schweglers' conduct did not demonstrate a reasonable actual expectation of privacy against Officer Winkel's inspection. Bauer, 127 Wis. 2d at 406, 379 N.W.2d at 897.
Nor was Officer Winkel's conduct unreasonable. Her entry was conducted during daylight hours and accomplished by unforced means through an unlocked and open door. Section 968.10(4), Stats., authorizes searches within the authority and scope of the right of lawful inspection. This authority to search stands separate and apart from other authorized searches, including those conducted pursuant to a warrant or consent. By holding that an inspection search can only be conducted pursuant to a warrant or consent, the majority's decision sub silentio writes sec. 968.10(4) off the books. I respectfully dissent.