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STATE v. OBERST

No. 2013AP1910-CR.

847 N.W.2d 892 (2014)

2014 WI App 58

STATE of Wisconsin, Plaintiff-Respondent, v. Scott E. OBERST, Defendant-Appellant.

Court of Appeals of Wisconsin.

Opinion Filed April 23, 2014.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Terry W. Rose of Rose & Rose, Kenosha.

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

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

REILLY, J.

¶ 1 This appeal concerns whether the good faith exception to the exclusionary rule applies to evidence obtained when binding appellate precedent permitted the warrantless installation of and tracking by a global positioning system (GPS) device. Scott Oberst contends that as the installation of the GPS device on his vehicle was unconstitutional under United States v. Jones, 565 U.S. ___, 132 S.Ct. 945, 181

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