The North Carolina Court of Appeals ruled yesterday that the state government’s requirement that registrants wear a GPS tracking device is an unreasonable search which violates the 4th Amendment of the U.S. Constitution. The Court’s decision is based upon the state government’s failure to prove that GPS tracking is “effective to serve the State’s interest in protecting the public against sex offenders.” “This is a courageous and wise decision,” stated ACSOL Executive Director Janice Bellucci. “Our hope is that courts throughout the nation will choose to follow it.” In its…
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Registry Matters Episode 25 – Why GPS monitoring should be 1 of the 7 deadly sins
[narsol.org – 5/22/18] Why GPS monitoring should be 1 of the 7 deadly sins A malfunction in the charging could land you in jail. No access to power? Could land you in jail. Poor cell signal? Could result in being detained while proof is obtained. You could spend a week or more in jail for an unspecified violation. Spending time in jail could lose you your job which can lead to loss of housing. The GPS.gov website cites a 16’ radius of accuracy in the best conditions. Read more and…
Read MoreNC: Appeals court reverses twice-convicted sex offender’s lifetime GPS monitoring
[wect.com 5/15/18] NEW HANOVER COUNTY, NC (WECT) – A state appeals court has reversed a ruling that would have required a twice-convicted sex offender wear a GPS monitoring bracelet for the rest of his life. In 1997, Torrey Dale Grady, 39, pleaded no contest to a second-degree sex offense, and in 2006, he pleaded guilty to taking indecent liberties with a child. Both incidents took place in New Hanover County. Although Grady was not initially required to enroll in the state’s satellite-based monitoring program (SBM) after either conviction, in 2013…
Read MoreWI: Lifetime GPS monitoring not punishment
A Wisconsin judge wasn’t required to tell a man he would face a lifetime of GPS monitoring upon pleading guilty to child sex crimes because such monitoring is a public safety measure, not a form of punishment, the state Supreme Court ruled Friday. Full Article
Read MoreMonitoring the Use of Electronic Monitoring
One February night in 2009, our phone rang. It was two in the morning. My 95-year-old mother was on the line. She told me she was having chest pains, thought she was having a heart attack, and had already called 911. Since she lived less than a mile away, my immediate response should have been to rush to her side. Instead, I dialed the 1-800 number anyone on parole on an electronic monitoring device is required to call. The operator picked up after 15 minutes and told me I needed the…
Read MoreWI: Losing Track
[UPDATED links 3/4/18] [wisconsinwatch.org] Losing Track by the Wisconsin Center for Investigative Journalism explores flaws in Wisconsin’s GPS monitoring program for offenders. In 2013, the Center exposed problems including false alerts and lost signals that sent offenders to jail even when they did not violate terms of the monitoring. Full Series Related links: Opponents claim GPS monitoring violates civil rights; judges not so sure [Added 3/4/18] Homeless offenders create gaps in Wisconsin’s GPS monitoring system [Added 3/4/18] Electronic monitoring pioneer wants less punishment, more reward [Added 3/4/18]
Read MoreNJ: Tracking Sex Offender With GPS Bracelet Violates Constitution (Supreme Court)
Approximately two-thirds of all ex-prisoners are arrested within three years of their release. With a statistic like that, the risk of sexual predators reoffending is particularly concerning. However, strapping criminals who have served their time with a GPS is not a solution, according to the New Jersey Supreme Court. Full Article
Read MoreWI: 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…
Read MoreMO: Missouri to remove hundreds of GPS monitoring devices recently put on sex offenders
Hundreds of sex offenders will soon have GPS monitoring devices removed from their ankles after Missouri officials recently required that they wear the bulky devices, according to a preliminary injunction filed in Cole County Circuit Court on Monday. Full Article
Read MoreEditorial: Shackling sex offenders for life is no way to administer justice.
Many sex offenders in Missouri are finding themselves shackled for life to the state’s criminal justice system, even though some pleaded guilty or were convicted before a law tethering them to GPS monitoring ankle bracelets existed. The law took effect Jan. 1 but is being applied retroactively to crimes committed on or after Aug. 28, 2006.Full Article
Read MoreDE: ACLU loses appeal in challenging sex offender GPS monitoring
Delaware’s Supreme Court has rejected a challenge from the American Civil Liberties Union to a law requiring GPS monitoring of certain sex offenders who have been released from prison and are on probation. After hearing arguments Wednesday, the court issued a two-sentence order Friday upholding a Chancery Court decision in favor of the state. Full Article Related Search de: DE: Supreme Court weighs sex offender GPS monitoring
Read MoreDE: Supreme Court weighs sex offender GPS monitoring
An attorney for the American Civil Liberties Union of Delaware is arguing to the state Supreme Court that it is unconstitutional for some sex offenders to automatically be required to wear and pay for GPS monitoring while on probation. Full Article
Read MoreGA: Sex offender argues mandatory ankle monitors are unconstitutional
As opposing attorneys argued the constitutionality of the Sex Offender Registry Review Board on Monday, several Georgia Supreme Court justices kept focusing on an aspect of the law that applies to the most dangerous predators: they must wear an ankle monitor for life but face no punishment if they don’t. Full Article
Read MoreDE: Judge rejects ACLU challenge to sex offender GPS monitoring
A Chancery court judge has rejected the American Civil Liberties Union’s challenge to a state law requiring GPS monitoring of certain convicted sex offenders who have been released from custody and are on probation. Full Article
Read More7th Circuit OKs sex-offender GPS monitoring
Wisconsin lawmakers didn’t violate the U.S. Constitution when they mandated that anyone deemed to be a sexually violent person wear a GPS monitoring device following his or her release from civil commitment, a federal appeals court has held. The 7th U.S. Circuit Court of Appeals last week upheld a state statute requiring such persons to wear a monitoring device for the rest of their lives. Full Article
Read MoreWI: Court upholds GPS tracking of sex offender convicted before law passed
Making a Wisconsin sex offender wear a GPS anklet for life, when he was convicted before that was the law, does not violate the constitutional prohibition against retroactive punishment, a federal appeals court has ruled. Full Article
Read MoreGA: Supreme Court Hears Arguments Over Sex Offender Law
The Georgia Supreme Court heard arguments Monday over a state statute that dictates how “sexually dangerous predators” are classified. ____ ____ was designated a “sexually violent predator” in 2013, which is the highest risk designation and requires him to wear an electronic monitor for the rest of his life. ____ was convicted for exposing himself and performing a sexually explicit act via webcam to an individual he believed was a 14-year-old girl, according to court documents. Full Article Case Info
Read MoreCalifornia Senate passes bill giving longer sentences to sex offenders who remove GPS tracker
Violent sex offenders who disable their GPS tracking devices would receive longer prison sentences under a bill prompted by Orange County serial killings and approved unanimously Tuesday by the state Senate. The bill by state Sen. Patricia Bates, R-Laguna Niguel, cleared the Senate floor and is headed to the Assembly. Full Article Related Senator Patricia Bates Press Release SB 722 After sex offenders accused of killing 4 women, state bill would crack down on those who tamper with GPS monitors [UPDATED]
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