Reforming Florida’s Sex Offender Registry Laws
A recent federal court decision in United States v. McDonald, (Dist. N. Mex, January 6, 2016) delivers an important reminder to people on probation or supervised release: you do not lose your Fifth Amendment rights just because you are in sex offense treatment or required to take polygraph exams! The court upheld the general requirement that Mr. McDonald participate in
Read moreBelow is Louis Clements’ brief, filed today in the Middle District of Florida. Clements’ attorneys did a fantastic job of highlighting how Florida’s residency restrictions tip the scales, making registration tantamount to confinement. Special thanks to all who submitted declarations in this case and Professor Socia for his expert report on the residency restrictions in Florida. Clements Remand Brief
Read moreCongratulations to registrants in the State of Missouri and their attorney, Janice Bellucci (ACSOL), who prevailed in the State and Police Chief’s appeal of a lower court ruling finding a Halloween Sign law, requiring registrants to post a sign at their residence on Halloween, to be compelled speech and a violation of the First Amendment. The 8th Circuit Court of
Read moreThe Michigan Supreme Court recently issued a decision in People of Michigan v. Robert James Kardasz, a case that once again highlights how courts across the country are grappling with the constitutional limits of modern sex-offender registration laws. While the ruling directly applies only to Michigan, its reasoning has clear implications for Florida and other states that maintain expansive, lifetime
Read moreThe Supreme Judicial Court considered whether the duration of GPS monitoring imposed as a condition of probation under G. L. c. 265, § 47 is constitutionally permissible under art. 14 of the Massachusetts Declaration of Rights. Section 47 mandates that defendants convicted of certain sex offenses “shall” be subject to GPS monitoring for the entire length of probation. However, in
Read moreA class of convicted sex offenders in Wisconsin maintained to a Seventh Circuit panel Tuesday that the state’s lifetime GPS monitoring requirement runs afoul of the Fourth Amendment. “No one denies the seriousness of sexual offending or the state’s strong interest in combating it, but the Fourth Amendment does not ask whether a search feels intuitively justified. It asks whether
Read more