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

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.