No. 22-275

Benjamin Braam, et al. v. Kevin A. Carr, Secretary, Wisconsin Department of Corrections

Lower Court: Seventh Circuit
Docketed: 2022-09-23
Status: Denied
Type: Paid
Tags: criminal-justice fourth-amendment gps-tracking lifetime-monitoring post-supervision sex-offender sex-offenders special-needs special-needs-doctrine totality-of-the-circumstances
Key Terms:
FourthAmendment FirstAmendment Privacy JusticiabilityDoctri
Latest Conference: 2022-12-02
Question Presented (AI Summary)

Whether the Wisconsin Department of Corrections' program categorically requiring lifetime GPS tracking of individuals who have been convicted of certain sex offenses but who are no longer under the supervision of the criminal justice system violates the Fourth Amendment under either a 'Totality of the Circumstances' or 'Special Needs' Analysis

Question Presented (OCR Extract)

QUESTION PRESENTED Wisconsin law requires persons convicted of certain sex offenses to wear GPS tracking devices for life even after they have completed post-confinement supervision (e.g., probation, parole, or extended supervision). Wis. Stats. §301.48(2). Pursuant to the statute, the Wisconsin Department of Corrections affixes an unremovable GPS ankle monitor to individuals and “monitors, identifies, and records” everywhere the person who wears the device goes 24 hours a day, every day for the rest of the person’s life. §301.48(1)(dm). The question presented is: Whether the Wisconsin Department of Corrections’ program categorically requiring lifetime GPS tracking of individuals who have been convicted of certain sex offenses but who are no longer under the supervision of the criminal justice system violates the Fourth Amendment under either a “Totality of the Circumstances” or “Special Needs” Analysis.

Docket Entries

2022-12-05
Petition DENIED.
2022-11-09
DISTRIBUTED for Conference of 12/2/2022.
2022-10-21
Brief of respondent Kevin A. Carr, Secretary, Wisconsin Department of Corrections in opposition filed.
2022-09-19

Attorneys

Benjamin Braam, et al.
Adele Diana NicholasLaw Office of Adele D. Nicholas, Petitioner
Adele Diana NicholasLaw Office of Adele D. Nicholas, Petitioner
Kevin Carr
Jody Joyce SchmelzerState of Wisconsin Department of Justice, Respondent
Jody Joyce SchmelzerState of Wisconsin Department of Justice, Respondent