Search and Seizure — GPS device searches — exclusionary rule — good faith exception

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Wisconsin Court of Appeals

Criminal

Search and Seizure — GPS device searches — exclusionary rule — good faith exception

Gregory J. Copeland appeals from a judgment of conviction for possession with intent to deliver cocaine entered upon his no contest plea following the trial court’s denial of his suppression motion. Copeland contends that the warrantless installation of and surveillance with a global positioning system (GPS) device on his car was an unlawful search and that any derivative evidence should be suppressed. The State agrees that the GPS device search was unlawful, but argues that the good faith exception to the exclusionary rule applies. We conclude that because the officers conducted the GPS device search in objectively reasonable reliance on then-existing precedent, the good faith exception applies and renders exclusion an inappropriate remedy. We affirm the trial court’s denial of Copeland’s suppression motion. This opinion will not be published.

2012AP1170-CR State v. Copeland

Dist II, Sheboygan County, Bourke, J., Per Curiam

Attorneys: For Appellant: Obear, Kirk B., Sheboygan; For Respondent: O’Brien, Daniel J., Madison; DeCecco, Joseph R., Sheboygan