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WI: Wearing a GPS monitoring bracelet is not punishment, court says

GPS monitoring bracelets are not punishment. Oh, I’m sure they suck. They might chafe. They could cause blisters. They will cramp your style, keep you out of swimming pools, cause a funny-looking bulge in your nylons, spoil your suntan, tether you to a power source for an hour a day.

They’ll subject you to derision — or worse. And they’re an enormous invasion of your privacy: Someone will always know where you are, and if you take off the monitor, they’ll come after you. But a monitoring bracelet is not punishment. The state court of appeals says so. Full Article

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This shouldn’t take too long for a reasonable court to strike it as unconstitutional–once he’s off parole/probation. I guess he’s such a risk that we need to track him for life, but no problem letting him roam. This paranoia is absolutely ridiculous.

Apparently, as long as the legislature says it’s not punishment, it’s not punishment. This country is such a mess. One of these days we’ll manage to make everyone and everything perfect, I’m sure. That certainly seems to be what our culture thinks possible.

The op-ed was a bit circumspect in it’s point, but the author does seem to think this is a bridge too far. Thanks to God these voices are speaking up more and more!

–AJ

Why does the court really need the GPS system, if what they claim to do is not punishment?

If it doesn’t allow you to live life in a manner of a normal citizen, it’s punishment. Period. I don’t care what the court rules. I 110% guarantee that anyone on the receiving end, including these judges that rule to the contrary, would think otherwise. This needs to get to SCOTUS.

If laws are so damn Draconic that they have to track you, which IS punishment past prison and probation, then at least come up with a device that doesn’t produce visual stigmas, prevent engaging in any kind of water sports, let alone a simple bath soak. Locked Apple Watch? Embedded chip? Here in California, guys wear shorts year round. The visual of a monitor further extends the punishment they have already endured, especially if it was prison. This law needs to be challenged. Lawsuits need to happen. Jessica’s Law needs to go away. Do you see convicted murderers, arsonists, extortionists, etc. exposing themselves to the public by wearing ankle monitors??? Let’s challenge this, people!!

If it’s not punishment, then why is it attached to probation statutes ? At least here in Florida, a probation sentence IS a punishment and every condition attached to it (including GPS) is indeed part of the punishment. I remember reading that in the Florida penal codes and statutes when I was still in jail years ago and was about to begin my probation sentence with the mandatory electronic shackle attached (been done with that for a while by the way). But, that was even quoted/stated by a few judges in tiny fine print when reading the FL penal code statutes.

It seems like they want to move -little by little- all the probation conditions(legal punishment) towards a lifetime post-probation sentence (illegal punishment). A county here in Florida suggested the State do pass something similar about 2 years ago or so and the idea just evaporated once it reached the Capital.

Can’t have your cake and eat it too. Not as long as we have a constitution. Even if you get away with it and it is applied. At some point sooner or later, it will be struck down. Clearly unconstitutional.

Do I understand correctly: it will cause public stigma, restricts physical activity, can cause physical pain (chaffing and blisters), but it is NOT punishment??
Perhaps SCOTUS could apply the “duck test”: it walks like a duck, quacks like a duck, ….. etc!

Sounds simple enough. If it isn’t punishment, then it is simply a civil remedy. Therefore they could attach a GPS for any myriad of reasons – such as for owing the government money. It should stand to reason that the government would want to know where you are if you owe them money.
Without a doubt, however, it won’t pass the stink test if they start applying gps in to non-sex offender applications. Suddenly it will become punitive again. And if it is punishment for one group, it is punishment for the other – even if the court doesn’t care for that group and wants to play loose with the Constitution.

So let’s get this straight…it’s unconstitutional (4th Amendment) for LE to attach a GPS tracker to someone’s vehicle without a warrant, and cannot exceed said warrant (https://en.wikipedia.org/wiki/United_States_v._Jones_(2012)), but they can be attached to a human being and it’s fine. Does anyone else see how screwed up things are here? There are some judges who have zero knowledge of constitutional law, and apparently don’t care to seek any guidance on it.

I’d think this person in WI could drop the Jones opinion on the table during appeal and win handily.

–AJ

I am sure they would say the same thing about the metal collar slaves had to wear a hundred years ago.

One would think that things would have changed in that time but not to those people. So treating people like objects or cattle is fine with them…

So it’s not punishment – why? Because they say it’s not! Logical right!

NO

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