In Commonwealth v. Feliz, a case decided by the Massachusetts Supreme Court yesterday, the Court concluded that mandatory GPS monitoring for all sex offenses is “over inclusive in that GPS monitoring will not necessarily constitute a reasonable search for all individuals convicted of a qualifying sex offense.”
The Plaintiff, a CP offender, was strapped with a GPS monitor as part of his sentence, in accordance with a Massachusetts Law that required all sex offenders be subjected to GPS monitoring. Under Article 14 of the Mass Constitution, an individualized determination of reasonableness is required in order to conduct more than minimally invasive searches, and the court found GPS monitoring is not a minimally invasive search.
The full opinion, which can be read here: https://www.mass.gov/files/documents/2019/03/26/12545.pdf is a significant win in Massachusetts and a persuasive argument against mandatory GPS for technical “registration violations” as Florida enacted last year.
Perhaps we are looking at this from the wrong angle. If there are physicians that can make the determination that these GPS ankle monitors cause physical issues or aliments this maybe a way to stop this shackling of humans.
Seems like some states outlawed certain methods of the death penalty due to cruel and unusual punishment. I would if this would be the same.
Why, oh why, can’t this happen in my state?
I was the first juvenile sex offender in South Carolina ordered to wear an ankle monitor for as long as I have to register, pursuant to Jessie’s Law. In South Carolina, it’s life.
I haven’t been able to find a lawyer willing to take up a case against the law for less than $20,000 with half up front.
I’ve been wearing this thing for the past 12 years. My left foot, the side it is on, and my left ankle have nerve damage as well, and the bones are weaker in that foot/ankle. I’m going to court soon to try to get it taken off, and it cost me $1500 just for that. I could have gone two years ago, but I’ve had to scrimp and save just to get the $1500 for the lawyer.
I could at least recoup some of that money and get taken off of this damn thing if a case like this could go to court here in SC.
If you are having legit problems with your ankles and nerves and prevail in court to remove the monitor. You might use the same Lawyer to help sue for the pain and suffering. You get your money back at least, and maybe more. Talk to your lawer…
There is no way that you wouldn’t win that case. Find a competent lawyer that has expertise with these laws and stays up to date. It may take a while to find someone that qualifies. You shouldn’t accept this Bullshit that you need to wear that thing for life. What kind of a life is that for a human being?
Important to note that universal GPS monitoring in Massachusetts only applies to those registrants on PROBATION as part of sentencing. As Mass is one of the states I would consider moving to, not being on probation this wouldn’t apply. Still, Im glad for the ruling and hope it helps others
It’s a great state to live in as far as leniency goes with these laws, assuming you can deal with the weather.
Capt. So happy you were terminated. Also no one should have to wear a GPS tracker unless on house arrest. I can remember a time in this. Country that wearing something around your ankle to keep a person under control was considered in humane. Not anymore
I had to wear a GPS for nine years before my probation was terminated. I wore it on my right ankle until I fractured that ankle and it was moved to my right ankle. Today I am experiencing nerve damage in both of my ankles due to the length of time I had to were the GPS. I thought feeling in my ankles might improve but after six months I still experience lack of feeling in both ankles. I am in hopes things will finally heal.