Clements’ brief filed today

Below 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 more

Michigan Supreme Court Upholds 2021 Sex Offender Registration Act AS APPLIED to one individual – It’s punishment, just not cruel and unusual punishment

The 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 more

MA: Massachusetts Supreme Court Win on GPS Monitoring

The 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 more

Convicted sex offenders challenge Wisconsin’s lifetime GPS tracking at Seventh Circuit

A 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

FAC requests declaratory statement from FDLE on “Internet Identifiers”

The Florida Action Committee has submitted a Request for Declaratory Statement from the Florida Department of Law Enforcement concerning the recent arrest of several members who have allegedly failed to report “Internet Identifiers” for accounts that probably don’t have to be reported under the Statute and Judge Hinkle’s Order in the Internet Identifier case, or for accounts they don’t even

Read more