{"id":8358,"date":"2013-04-02T07:59:47","date_gmt":"2013-02-12T00:00:19","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2013-02-11T08:19:19","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=8358","title":{"rendered":"WI: Warrant for GPS issued on PC permitted moving vehicle to install it"},"content":{"rendered":"

A GPS device was placed on defendant\u2019s vehicle with a warrant, and the vehicle was moved to install it when the vehicle was once stopped. That was reasonable under the warrant and the Fourth Amendment, given the probable cause. State v. Brereton<\/a>, 2013 WI 17, 345 Wis. 2d 563, 826 N.W.2d 369 (2013), affg State v. Brereton, 2011 WI App 127, 337 Wis. 2d 145, 804 N.W.2d 243:<\/p>\n

[*P41] Moreover, the probable cause that the officers had at the time of the stop of Brereton’s vehicle was sufficient to justify the officers’ decision to continue the seizure of the vehicle and move it to a location where a GPS device could be installed more safely and effectively. See Ross, 456 U.S. at 807 n.9 (reaffirming that where officers have probable cause to justify the warrantless seizure of an automobile, they may conduct an immediate search of the vehicle, and if an immediate, warrantless search on the street is justified, moving the vehicle for a search at another location is equally permissible).<\/p>\n

[*P42] Indeed, the Supreme Court’s decisions in Ross, Chambers, and White provide explicit support for the methods chosen by the officers in this case. After seizing Brereton’s vehicle pursuant to probable cause that the vehicle was or contained evidence of the rash of local burglaries, the officers elected to move the vehicle from its location along Highway 51 to the impound lot, where officers awaited judicial authorization prior to installing the GPS device. Cf. Chambers, 399 U.S. at 51-52. After receiving such authorization, officers installed the GPS device. Accordingly, under the relevant Supreme Court precedent, with probable cause for the seizure, neither the fact that officers moved the vehicle to install the GPS, nor the amount of time that officers held the vehicle can be said to be unreasonable in light of law enforcement’s substantial interests in safety and in the effective installation of the GPS device that was used to search the vehicle.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

b2evALnk.b2WPAutP Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-8358","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/8358","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=8358"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/8358\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=8358"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=8358"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=8358"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}