Motion to Suppress – GPS Data Evidence

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WI Supreme Court

Case Name: State of Wisconsin v. Johnny K. Pinder

Case No.: 2018 WI 106

Focus: Motion to Suppress – GPS Data Evidence

This case is before the court on certification from the court of appeals, pursuant to Wis. Stat. § 809.61 (2015-16). The court of appeals certified the following question: If a search warrant issued under Wis. Stat. § 968.12 for the placement and use of a GPS tracking device on a motor vehicle is not executed within five days after the date of issuance per Wis. Stat. § 968.15(1) is the warrant void under § 968.15(2), even if the search was otherwise reasonably conducted?  In short, this question requires the court to decide if an otherwise reasonably conducted search warrant issued for the placement and use of a Global Positioning System (“GPS”) tracking device on a motor vehicle is subject to Wis. Stat. §§ 968.15 and 968.17(1).

We conclude that a search warrant issued for the placement and use of a GPS tracking device on a motor vehicle, but not executed within five days after the date of issuance per Wis. Stat. § 968.15 or timely returned under Wis. Stat. § 968.17(1), is not void if the search was otherwise reasonably conducted, because it is not a warrant issued “for the purpose of seizing designated property or kinds of property” under Wis. Stat. § 968.12(1). It is not a warrant that seeks a “document” or “electronic data” under the control of the vehicle owner as is required under Wis. Stat. § 968.13 and thus, is not subject to the execution and return provisions of §§ 968.15 and 968.17(1). Such a warrant for GPS tracking is not issued pursuant to a statute, but instead is issued pursuant to the court’s inherent authority and thus, must comply only with the Fourth Amendment to the United States Constitution and Article I, Section 11 of the Wisconsin Constitution. Because the GPS warrant in this case was otherwise constitutionally sufficient, the evidence obtained as a result of the warrant is not subject to suppression. Therefore, we affirm the circuit court.

Affirmed

Concur: Kelly, J., concurs, joined by R.G. Bradley, J.

Dissent:

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.