Another post-Jones GPS case on the calendar this week

This week, on September 6th, the Wisconsin Supreme Court is faced with a GPS tracking case - State v. Brereton. The issues are unique, and include a pre-textual stop to install the GPS tracking, seizure of the car, lies by law enforcement to conceal the process of installing the GPS tracker, and the interaction of GPS tracking with the holding of the United States Supreme Court in United States v. Jones.

I encourage you to read the case briefs. I am cited in the AG's response brief for a point that I noted as relevant but was certainly not the crux of my piece. As a personal note - I would side with the defendant in this case, but the reference to my piece is germane, nonetheless.  The AG cites me for the concept that it should not matter whether the GPS tracking is real-time or the GPS information must be downloaded with human intervention. In footnote 145 I state: "Judge Bell in United States v. Walker forecloses this GPS technology distinction in a notable way: 'That the officers here chose to use a specifically engineered GPS tracking device rather than merely duct-taping an iPhone to Defendant's bumper is of little moment. The technology in this case is in general use….' 771 F. Supp. 2d 803, 811 (W.D. Mich. 2011)." Clearly a reference to Kyllo, although I find it unconvincing.

The Defendant's Brief can be found here.

The Wisconsin Attorney General's Response Brief can be found here. (I am cited on pg. 33).

The Defendant's Reply Brief can be found here.

My law review article can be found in its entirety, here: Car-ving Out Notions of Privacy: The Impact of GPS Tracking and Why Maynard is a Move in the Right Direction