Commentary: A Tale of Three Gps Cases

Summary


On May 7, an Appellate Court in Wisconsin decided State v. Sveum, 769 NW2d 53 (Wisc. App. 2009).

At issue was whether the surreptitious placement of a GPS tracking device on a person's automobile, without a warrant, and the use of the device to continuously track the person's movements is a "search" prohibited by the Fourth Amendment.

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Extract


Commentary: A Tale of Three Gps Cases

The court held reluctantly that "neither a search or seizure occurs when the police use a GPS tracking device to track a vehicle while it is visible to the general public."

The court was "more than a little trouble...

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