Obtaining information generated by a global positioning device defense attorneys
Facing charges for obtaining information generated by a GPS device? Contact us. (414) 270-0202
Obtaining information generated by a GPS device is a crime that occurs when an individual intentionally tracks the location or movements of another with a global positioning device. The device itself must’ve been placed without the victim’s consent. Importantly, the defendant that monitors the device need not be the one to actually place the device in order to face charges. The same statute (although a different subsection) covers criminal GPS charges involving placing the devices on vehicles.
This crime is the most serious misdemeanor offense that an individual can face in Wisconsin. Obtaining information generated by a GPS device is a Class A misdemeanor. That means the maximum possible penalty the defendant faces is 9 months in jail, $10,000.00 in fines, or both. Importantly, an unmodified, single count of this offense cannot result in a prison sentence. Additionally, no mandatory minimum penalty applies. In order words, if you’re convicted of this crime, the judge is not forced to send you to jail, and cannot send you to prison. Probation, a fine, or other sentencing options are all available.
Van Severen Law Office, S.C. is a Wisconsin criminal defense law firm with offices throughout southeastern Wisconsin. Whether it’s your first charge, or you’ve had experiences in the criminal justice system before, we can help. We recognize that being accused of committing crimes like this can be incredibly embarrassing, but we’re here to help. Contact us at (414) 270-0202. We’re happy to talk about your charges over the phone, or set up a time for you to come in and discuss your case with the criminal defense lawyer of your choice.
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Section 940.315(1)(b) of the Wisconsin Statutes – obtaining information generated by a global positioning device.
Section 940.315(1)(b) of the Wisconsin Statutes provides the law regarding this crime. Importantly, section 940.315(1)(a) of the Wisconsin Statutes provides related GPS law, but involving placing GPS devices on vehicles.
Subsection (1) indicates the following:
(1)Whoever does any of the following is guilty of a Class A misdemeanor:
(a) …
(b) Intentionally obtains information regarding another person’s movement or location generated by a global positioning device or a device equipped with global positioning technology that has been placed without that person’s consent.
The law seems pretty simple, because it is. As we previously discussed, the crime involves a GPS device placed without the consent of the victim. That GPS device is used to track the movements of the victim. And importantly, the defendant is the person who reads the information the device provides regarding the victim’s movement. Since sub (b) deals with vehicles, this crime covers everything else – putting Apple AirTags in someone’s bag, leaving a phone in a backpack, or putting a GPS device in a purse all likely satisfy the statute.
But what about the person who simply places the device? Let’s assume their role doesn’t involve looking at the GPS device readings or helping to locate the victim. If they knew that placing the device would allow the other individual to track the movements of the victim, they’re also liable. Prosecutors would likely charge both defendants using a theory of “party to a crime” liability.
The elements of obtaining information generated by a global positioning device – Wisconsin Criminal Jury Instruction 1283B
Jury instructions serve an important role in the criminal justice system. When courts, juries, and other relevant parties consider whether a defendant committed a crime, their analyses usually involves the jury instructions. Jury instructions break crimes down into small parts, called elements. Elements are the things the government must prove, beyond a reasonable doubt, the defendant did. If they fail, the charges will too.
Firstly, the defendant obtained information regarding another person’s movement or location generated by a GPS device or device equipped with GPS.
Secondly, the device was placed without the person’s consent.
Thirdly, the defendant knew that the device was placed without the other person’s consent.
And fourthly, the defendant acted intentionally. This requires that the defendant acted with the purpose to obtain information regarding another person’s movement or location generated by a GPS device.
It’s important to remember that GPS devices have all kinds of electronic signatures attached to them. Many require a sim card that can be traced back to the individual responsible for registering the device. Finding out who was monitoring a GPS device, drone, or various other forms of surveillance technology isn’t difficult for the cops. Once their hands are on the device, it’s only a matter of time before they’re knocking at the original purchaser’s door.
How do we fight my criminal charges?
Circling back to our final point in the last section – frequently charges involving electronic devices leave trails that lead back to the owner. But that’s not always the case, and it’s certainly possible to run an anonymous GPS device. If this is your situation, talking to the cops could mean the difference between your freedom and a jail cell. The first step in fighting your charges begins before an attorney gets involved: maintain your silence. It is your constitutional right. Any statement you make will absolutely be used against you, and could provide the government a little more evidence to use against you.
But once we become involved, we’ll evaluate your case for pre-trial motions. Is this something we can win at trial, or is this something you want to resolve with a plea deal? Every criminal case is different, and every case requires slightly different strategy. During your initial consultation, whether on the telephone or in person, we can begin talking about specific strategies to deal with the charges in your case.
Tracking someone down with an illegally placed GPS device can lead to criminal charges, including one for obtaining information generated by a GPS device. Contact Van Severen Law Office, S.C. at (414) 270-0202 to speak with our criminal defense attorneys.
Contact Van Severen Law Office, S.C. for help. (414) 270-0202
Criminal charges, and the situations that lead to them, are all different. It’s impossible for use to write an article that details all of the possibilities in your case. But this page should provide a start.
The second step is to give us a call. We can start by talking about your case on the phone, but after that we’ll figure out a time for you to come in to discuss your case. We’ll go over details, possible defenses, your questions, and begin planning where we expect your case to go. These meetings usually last between 30 minutes and an hour, but can certainly extend much longer for complex cases.
Getting caught monitoring somebody with a GPS is probably a humiliating experience. Give us a call, so we can worry about this with you. (414) 270-0202.
