North Carolina Strikes Lifetime GPS as Unconstitutional
The North Carolina Supreme Court has just struck down lifetime GPS-monitoring for persons required to register as sex offenders who are not on parole or probation as unreasonable under the Fourth Amendment (Search and Seizure).
The importance of this case is that the court considered evidence of low recidivism among registrants generally, notwithstanding unsupported legislative findings to the contrary, and absence of evidence of efficacy in advancing the government’s stated goals of solving and deterring sex crimes.
The order can be read here: NC Supreme Court Grady Opinion
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Mandatory lifetime GPS monitoring will continue for a number of NC registrants, including anyone who has an aggravated offense or statutory rape in their background, plus anyone whom NC considers a “sexually violent predator.” This ruling does not release any of them from GPS, but perhaps it introduces binding precedent that they can use in their own challenges.
Kathleen my heart breaks. Life time probation is unconscionable. I don’t think they have that in Texas (yet) and hope we never do. I just have lifetime registration
I was the first juvenile offender to South Carolina to be sentenced under Jesse’s Law.
I’ve been wearing this bracelet on and off for the past 12 years. Currently in the process of trying to get it off.
If only this ruling applied to South Carolina as well. I’m tired of having this constant reminder that something I did as a stupid kid at the age of fifteen is supposed to follow me for life.
Please email [email protected] so we can connect.
Doing so now.
NOW if GPS monitoring for life for non probationers is not Punitive then nothing on the book is. Wow. And the Judges didn’t even mention that aspect of there decision.
Does anyone agree with me that , that GPS monitoring is definite punitive / punishment ?
Apparently the North Carolina Supreme Court does. 🙂
Now, They need to admit that lifetime Registery is UNCONSTITUTIONAL !!!.
While this is great news….the way they will get around this is to give lifetime probation!
My son, convicted in a ICAC police initiated and fabricated sting, was given lifetime registration AND lifetime probation.
He was 20 at the time. Lifetime registration for a no victim, ‘attempted’ crime created by the police.
We’ve got a LONG way to go guys!
I do celebrate this step toward rational laws!!
Kathleen
LadyJusticeMyth.Blog
That is outrageous. I know someone who stabbed two people and got 5 years of prison and upon release no probation. AND he got out of prison in 3 1/2 years.
Did your son go to trial ? Did he have a paid lawyer? I also know someone caught in a sting and he had a good lawyer and got 30 days in jail and had to register as an offender but no probation. Heck I actually had physical contact with someone and only got 10 years probation and I plead guilty. Can he appeal ? If so, I suggest you do whatever you can to save this young man from this.
While I see where you’re coming from, this is in every way a victory and we should celebrate it as such.
The truth is that if they could just as easily put everyone on lifetime probation, they would already be doing it. If this forces their hand in admitting that the registry is de-facto lifetime probation, then so be it. At least then we can fight the idea of lifetime probation. Additionally, defendants would at least be more informed on what they were getting into. As of right now, people think they are getting a term of probation then life will go on normally after that. We know it’s not the case. If they want to demand lifetime probation, let them try. Defendants will be far less persuadable into a plea deal if it’s lifetime probation.
I don’t mean to oversimplify the issue, but your assertion was also an oversimplification.
I know it’s hard to celebrate victories for others when you need relief so badly for your son, but to truly be part of this community you have to realize that a victory for a certain niche in a certain jurisdiction is still a victory for all of us. It’s still positive case law. It’s still a sign of judges agreeing with the science and Constitution. Even if it doesn’t help you realize relief for your son today, it is a brick in the road that gets us all there together.
I am definitely celebrating this yuge victory and hope everyone reading this will.
Kathleen, I urge you to contact FAC legal and see what they can help you do to reverse this gross miscarriage of justice.
This is horrible. Just when I thought my son had the most unfair and longest punishment that doesn’t fit that I’ve ever seen. This can not be right!! Our judicial system needs more investigating h than the law breakers do. What I wouldn’t give to be an attorney. Have the knowledge unfortunately. Just not the certification.
This is sickening!! Our judicial system is unfair and at times breaking g the law as well as the offenders are. I would give anything to be an attorney and unfortunately have the knowledge just not the certification. Just when I thought my son had the worst most unfair punishment I’ve ever seen! So sorry.