After being convicted of incest with his teenage niece, a Tippecanoe County man’s sentence contained several probation conditions, including a prohibition on accessing websites “frequented by children” and a prohibition on internet use without prior approval. Those conditions are the subject of an appeal now under review by the Indiana Supreme Court, which will decide whether the conditions, as applied, are unconstitutional.
During oral arguments Thursday in Kristopher Weida v. State of Indiana, 79S02-1711-CR-00687, Brian Karle, counsel for Weida, argued against the constitutionality of the probation conditions, telling the justices the conditions can be viewed as the equivalent of a complete internet ban. That’s because there’s no guarantee Weida’s probation officer would approve any requests for internet use, and because there are no parameters defining what a website “frequented by children” is. Full Article
Google is another site commonly used by everyone even though it’s tnc has age restrictions in it
The guy is on probation.
Deal with it.
He can arrange to have his PC internet monitored by his PO like many of us do while on probation.
I find it hard to believe a simple motion to modify conditions wouldn’t have sufficed and have the judge accept monitored internet access with reports going to the PO.
This shouldn’t even be newsworthy and the judges should tell him to suck it up and get through probation. He wouldn’t be having this discussion if he just served a jail sentence instead of being granted the luxury of probation.
Probation Can do almost anything they want, but it’s still good to challenge them.