Motion to Compel Discovery of Use of Cell Phone Tracking Device (Stingray)

STATE OF WISCONSIN : CIRCUIT COURT : MILWAUKEE COUNTY

HONORABLE ______________________

STATE OF WISCONSIN,

Plaintiff,

v. Case No. ,

(YOUR CLIENT),

Defendant.

MOTION TO COMPEL DISCOVERY

TO: (NAME DISTRICT ATTORNEY)

DISTRICT ATTORNEY

MILWAUKEE COUNTY, WI

NOTICE IS HEREBY GIVEN that on the ___ day of ________, ______, at ___ p.m., or as soon thereafter as counsel may be heard, Attorney ____________ will move the court to require the State to provide discovery and produce the following items for inspection by defense counsel:

Access to any and all mobile phone tracking devices, whether known as “Stingray,” Kingfisher or any other brand name, used in connection with this case by law enforcement; hereafter referred to in this motion as “mobile phone tracking devices.”

Copies of any and all reports from any officers who used any mobile phone tracking devices, during this case, specifically outlining what those mobile phone tracking devices that were used in connection with this case by law enforcement, and if law enforcement has a non-disclosure agreement with the manufacturer of said device, that the existence and a copy of such an agreement be disclosed to the court.

Specifically, copies of any and all records of training and/or certification and training materials those officers have for the use of the mobile phone tracking devices that were used in connection with this case by law enforcement.

Copies of any and all policies, including policies on the application for a warrant and on non-disclosure of the use of mobile phone tracking devices for the law enforcement agencies involved in this case.

Copies of any and all warrants applied for by law enforcement, and granted to law enforcement, during the investigation of this case, regarding using a mobile phone tracking device, as well the returns on such warrants.

Copies of any and all subpoenas used by law enforcement during the investigation of this case, regarding mobile phone tracking devices.

Specifically, copies of any and all subpoenas involving telephone service provider (name provider) used by law enforcement during the investigation of this case for the use of the cell phone tracking and copies of any and all records produced as a result of the subpoenas used by law enforcement during the investigation of this case involving telephone number (name number), for the cell phone tracking that was used in connection with this...