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STATE v. BRERETON

No. 2010AP1366-CR.

804 N.W.2d 243 (2011)

2011 WI App 127

STATE of Wisconsin, Plaintiff-Respondent, v. James G. BRERETON, Defendant-Appellant.

Court of Appeals of Wisconsin.

Opinion Filed August 10, 2011.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Matthew S. Pinix of Law Office of Matthew S. Pinix, LLC of Milwaukee.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of J.B. Van Hollen , attorney general, and Daniel J. O'Brien , assistant attorney general.

Before BROWN, C.J., NEUBAUER, P.J., and REILLY, J.

BROWN, C.J.

¶ 1 James G. Brereton appeals the denial of his motion to suppress evidence obtained through use of a Global Positioning System (GPS) tracking device attached to his car by police at a tow lot. He contends that his car was unlawfully seized in order to place the GPS device, and that the GPS device was more technologically advanced (and therefore more intrusive) than the warrant for its placement allowed. We affirm because the police did have probable...

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