Today, the Supreme Court of Georgia, in Park v. The State, found that an ordinance requiring that a person who is classified as a sexually dangerous predator – but who is no longer in State custody or on probation or parole – wear and pay for an electronic monitoring device linked to a global positioning satellite system (“GPS monitoring device”) that allows the State to monitor that individual’s location “for the remainder of his or her natural life.” is unconstitutional.

The requirement, the court found, constitutes an unreasonable search in violation of the 14th Amendment to the constitution.

The United States Supreme Court previously held in Grady v. North Carolina, that GPS constitute a search for purposes of the Fourth Amendment. Precedent dictates that to be reasonable, a search ordinarily must be based on “individualized suspicion of wrongdoing.”

 

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