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Seventh Circuit Examines Lifetime GPS Tracking of Sex Offenders

[ – 9/18/20]

CHICAGO (CN) — The Seventh Circuit on Friday weighed the intrusiveness of a Wisconsin statute that institutes lifetime GPS monitoring of certain convicted sex offenders against the necessity of preventing further offenses from that particular class of criminals.

The underlying suit was first filed as a federal class action by eight registered sex offenders in March 2019. They argued that a 2017 statutory interpretation by former Wisconsin Attorney General Brad Schimel that broadened the class of sex offenders subjected to lifetime GPS monitoring after the completion of their sentences constitutes an unreasonable search under the Fourth Amendment, calling the tracking “an intrusive search that provides the government detailed, real-time data about a person’s every move.”

Individuals convicted of sex offenses on two or more occasions were already subject to GPS monitoring under Wisconsin law, but Schimel’s 2017 interpretation and the subsequent application of his guidance the following year applied GPS monitoring to anyone convicted of more than one count.

Read the full article


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Wow! This was a good read and hit upon the “empirical data”! *** excerpt *** Assistant Wisconsin Attorney General Jody Schmelzer argued on behalf of the state that “repeat child sex offenders impose an intolerable risk” against the most vulnerable members of society and posited that the relevant Wisconsin law survives constitutional scrutiny. Hamilton pressed Schmelzer on whether there is current empirical data to back up the notion that GPS monitoring reduces the recidivism rates of certain sex offenders, saying that high levels of recidivism is “very convenient to use” to justify GPS monitoring, but wondered whether it could still… Read more »

“Schmelzer admitted she did not have that data…” She has that data, however, it goes against the grain of justifying GPS or the registry.

If that’s the case, then it will have to be presented shortly or the judge will rule for the plantiff as the judge will identify the rhetoric in high level of recidivism.

Now that the judge brought up the necessity of empirical proof, the plantiff’s lawyers should remind the judge that the state has no proof to support the rhetoric.

This is kinda scary to suppress pertinent information. There’s a story that the city of Nashville suppressed their COVID-19 infections about bars and restaurants to keep the city shutdown.

“But Schmelzer mostly just offered that “we don’t want to diminish the state’s effort to protect children from these crimes” and that society has already determined that sex offenders have a reduced expectation of privacy.” First and foremost, protecting children is a parental responsibility, not a government one. All the government can do prosecute crimes after they occur. There was a similar case in North Carolina a couple years ago that was ruled in the petitioning registrant’s favor. The NCAG argued the same nonsense as here, along with the absurd claim that the program didn’t really provide much actionable information… Read more »

Just like registration, GPS monitoring does not prevent any type of crime from happening. Also the monitoring technology used is at best unreliable more often than it ought to be. There are reports (one is too many to begin with) of people on some form of supervision literally standing or sitting next to their probation officer or parole agent when the monitor malfunctions showing the person sometimes miles away (including at least one time in the Pacific Ocean). This is ignoring the fact that data shows the recidivism rate for sex offenses is one of the lowest among any offenses.… Read more »

I truly do not understand this: if lawmakers and LE are so keen on the advantages of GPS tracking, why are they not using it regularly (i.e., automatically/mandatorily) on DUI drivers and domestic violence & stalking perpetrators?? Both of those criminal activities have very high recidivism rates and those offenses are far more likely to lead to an innocent victim’s death.


I recently saw where an accused DUI driver was wearing an ankle monitor due to their alleged dangerousness stemming from their DUI event, but it was one that tested their sweat for alcohol, not tracking for location. It was the first I had heard or seen of it, so it can be done. Their case hadn’t been heard yet, so stand only accused.

@ David.. They had a form of GPS monitoring or form of monitoring back in the sixties if you want to call it that, and before, only it wasn’t the most usable form of data. GPS is just a term or coined word. Look at AL Capone and they finely got him on Income tax evasion. This ordeal we are all going thru is not like this evasion thing. Sure Dad lived thru that era and even told me stories growing up about it. This registry issue we are going thru is like Will Allen said a bunch of garbage… Read more »

WHY is this even at the court? Grady v NC @SCOTUS,, had SCOTUS determine it is a search. “Torrey Dale Grady is not disputing the fact that he is a sex offender, and a repeat one at that. He has, however, been battling in North Carolina courts, claiming the GPS ankle bracelet he must wear, which allows the government to monitor his location via satellite 24/7, constitutes an unreasonable search and seizure under the Fourth Amendment, thereby violating Grady’s constitutional rights. The United States Supreme Court sided with Grady on March 30, 2015, finding that when the state of… Read more »

I haven’t looked at this stuff. Are they actually arguing that People Forced to Register are committing crimes but they are under-reported? Crimes committed by people listed on their “crime prevention” Hit List are not being reported? And PFRs are able to commit crimes with the Hit Lists preventing nothing? Surely not. In fact, I’d bet that relative to crimes in general, that those crimes are over-reported. And surely there are extra false accusations also.

Are they arguing that their Hit Lists don’t work so well? Good reason to keep them.

These bloodthirsty gov’t and private organizations will continue to parrot under-reporting until they succeed in making every child a victim (for their own political and ideological purposes). They don’t want to make victims whole, they want to create an army of victims they can influence for their own benefit.

For registrants, it’s like the proverbial pound of flesh. Even when appropriate sanctions have been levied, executed, and paid, they still want more.

Lifetime GPS tracking for habitual sexofenders and SVP’s the United States government will never shift their focus it doesn’t matter if its a Democrat or Republican these type of crimes have become the u.s. government and politicians Public Enemy #1 I respect ACSOL for all they do and have done in California also for creating this website where people can vent and express themselves. Its really cool reading the comments of other people in California dealing with this nightmare it helped me realize that I wasn’t alone in this fight for freedom . But at the end of the day… Read more »

Hmmm, isn’t the justice being rumored to fill the SCOTUS vacancy, Judge Amy Coney Barrett, currently on the Seventh?? 🤔

@David Yes, she is one of two ladies I have read is on the top of the list for the vacant seat as of this morning. If she fills the seat, hope she does her homework because if this shows up at SCOTUS again, from her circuit, I’d hope she’d look at it and wonder how did this not get stopped earlier given precedent set from Grady v NC @SCOTUS (as I noted above). I am not sure if there is a particular nuance to this that has gotten it this far, but from the thread description above, the basis… Read more »

@David, correct. I’m also pretty sure she isn’t friendly to us at at least when you consider the Gundy decision. She wrote multiple papers on statutory stare decisis and gave us some insight into how she looks at delegation of powers in these papers. At least if I’m interpreting it correctly it seems she believes that if delegation of certain powers goes beyond that of what was intended to be allowed legislatively they would simply change the legislation to reduce these powers as soon as they went beyond what was intended. Therefore, when it comes to Gundy anyway it seems… Read more »

Actually I hate to say this but this GPS thing is a bit much for many of you guys. Its like a boundy hunter looking for his next ticket. When I first came in here four five yers ago. seems like everyone was flashing bumper stickers of famous court cases around. It was a hard time just reading my red book of some coarse/court cases. Sure dad told me that they were just review to help in assements of issues today to use as examples for justice. Seems like justice today has gone internet in a way. So who is… Read more »

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