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State of Wisconsin v. Scott E. Oberst. WI criminal law, exclusionary rule, good-faith exception
Defendant contended that as the installation of a GPS device on his vehicle was unconstitutional under United States v. Jones, 132 S. Ct. 945 (2012), and that the evidence that police obtained as a result of this Fourth Amendment violation should have been suppressed by the trial court. The Wisconsin Court of Appeals held that because the officers who placed the GPS device on Oberst's vehicle did so in objectively reasonable reliance on then-existing precedent, the good faith exception applies and renders exclusion of the evidence an inappropriate remedy. The Court affirmed the Kenosha County conviction.
No. 2013AP1910-CR (Wis. Ct. App. April 23, 2014).
Please see the original opinion for the court's exact language.
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Richard P. Clem is an attorney and continuing legal education (CLE) provider in Minnesota. He has been in private practice in the Twin Cities for 25 years. He has a J.D., cum laude, from Hamline University School of Law in St. Paul and a B.A. in History from the University of Minnesota. His reported cases include: Asociacion Nacional de Pescadores a Pequena Escala o Artesanales de Colombia v. Dow Quimica de Colombia, 988 F.2d 559, rehearing denied, 5 F.3d 530 (5th Cir. 1993), cert. denied, 510 U.S. 1041 (1994); LaMott v. Apple Valley Health Care Center, 465 N.W.2d 585 (Minn. Ct. App. 1991); Abo el Ela v. State, 468 N.W.2d 580 (Minn. Ct. App. 1991).
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