The Supreme Court raised constitutional doubts Monday about the lifelong monitoring of sex offenders and other criminals with the use of GPS devices.
In a unanimous decision, the justices ruled for a North Carolina man and said this monitoring is a search under the Fourth Amendment that must be justified as reasonable based on all the circumstances.
Since 2005, 40 states have adopted laws that provide for GPS monitoring of ex-offenders. California was said to have the first and largest monitoring program. The court was told 9,300 sex offenders in California were being tracked, along with some gang members.
Mondays decision stops well short of striking down such monitoring, but it opens the door for ex-offenders to argue for limits.
A North Carolina lawyer who appealed the case praised the court for putting some restrictions on monitoring.
This is a significant case. North Carolina and other states have basically taken the position that they can strap a GPS monitoring device to whomever they choose. The court here is basically saying, no, any such search must be reasonable. In many cases, thats going to be impossible to demonstrate, said Luke Everett, a lawyer in Durham.
After a 20-minute hearing in 2013, Torrey Grady was ordered to enter a GPS monitoring program that would require him to wear an ankle bracelet for the remainder of his natural life. He was not on probation, but he had been convicted of a sex offense when he was a teenager in 1997 and of taking indecent liberties with a child in 2006.
North Carolinas law calls for monitoring of repeat offenders. He appealed the order, arguing it was an unreasonable search under the Fourth Amendment. A North Carolina court ruled that monitoring was not a search at all, and the North Carolina Supreme Court refused to hear his claim.
The Supreme Court issued a summary reversal Monday in Grady v. North Carolina and said the monitoring was governed by the Fourth Amendment. A state conducts a search when it attaches a device to a persons body, without consent, for the purpose of tracking that individuals movement, the justices said.
But they note the Fourth Amendment forbids only unreasonable searches, and they sent the case back to North Carolina for judges there to consider whether the lifelong monitoring of Grady was reasonable.
Read more:
Supreme Court questions lifelong monitoring of sex offenders
- Quinn: Supreme Court should clarify Fourth Amendment rights in the digital age [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- Fourth amendment | Wex Legal Dictionary / Encyclopedia ... [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- The Fourth Amendment is destroyed by the Roberts led Supreme Court. - Video [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- Protections for e-data clear Senate committee [Last Updated On: April 27th, 2014] [Originally Added On: April 27th, 2014]
- Weighing The Risks Of Warrantless Phone Searches During Arrests [Last Updated On: April 29th, 2014] [Originally Added On: April 29th, 2014]
- Court may let cops search smartphones [Last Updated On: April 29th, 2014] [Originally Added On: April 29th, 2014]
- Supreme Court to hear case on police searches of cellphones [Last Updated On: April 29th, 2014] [Originally Added On: April 29th, 2014]
- Fourth Amendment in the digital age: Supreme Court to decide if police can search cellphones without a warrant [Last Updated On: April 30th, 2014] [Originally Added On: April 30th, 2014]
- What Scalia knows about illegal searches [Last Updated On: April 30th, 2014] [Originally Added On: April 30th, 2014]
- Should police be allowed to search your smartphone - Video [Last Updated On: April 30th, 2014] [Originally Added On: April 30th, 2014]
- The Shaky Legal Foundation of NSA Surveillance on Americans [Last Updated On: May 1st, 2014] [Originally Added On: May 1st, 2014]
- Pennsylvania Supreme Court rules police don't need warrants to search cars [Last Updated On: May 3rd, 2014] [Originally Added On: May 3rd, 2014]
- Local police: Updated vehicle-search law still requires probable cause [Last Updated On: May 3rd, 2014] [Originally Added On: May 3rd, 2014]
- Liberal Supreme Court Justice Comes To The Defense Of Scalia [Last Updated On: May 3rd, 2014] [Originally Added On: May 3rd, 2014]
- Smartphones and the Fourth Amendment - Video [Last Updated On: May 4th, 2014] [Originally Added On: May 4th, 2014]
- Fourth Amendment Defined & Explained - Law [Last Updated On: May 6th, 2014] [Originally Added On: May 6th, 2014]
- I-Team: Do police seek search warrant friendly judges? [Last Updated On: May 8th, 2014] [Originally Added On: May 8th, 2014]
- Is Big Brother Listening? Applying the Fourth Amendment in an Electronic Age - Video [Last Updated On: May 9th, 2014] [Originally Added On: May 9th, 2014]
- Magistrate waxes poetic while rejecting Gmail search request [Last Updated On: May 10th, 2014] [Originally Added On: May 10th, 2014]
- The Fourth Amendment - Video [Last Updated On: May 10th, 2014] [Originally Added On: May 10th, 2014]
- License reader lawsuit can be heard, appeals court rules [Last Updated On: May 15th, 2014] [Originally Added On: May 15th, 2014]
- Seize the Rojo - Video [Last Updated On: May 16th, 2014] [Originally Added On: May 16th, 2014]
- NSA Spying Has a Disproportionate Effect on Immigrants [Last Updated On: May 16th, 2014] [Originally Added On: May 16th, 2014]
- Motorists sue Aurora, police in 2012 traffic stop after bank robbery [Last Updated On: May 18th, 2014] [Originally Added On: May 18th, 2014]
- Judge Says NSA Phone Surveillance Likely Unconstitutional - Video [Last Updated On: May 21st, 2014] [Originally Added On: May 21st, 2014]
- New York Attorney Heath D. Harte Releases a Statement on Fourth Amendment Rights [Last Updated On: May 22nd, 2014] [Originally Added On: May 22nd, 2014]
- The Fourth Amendment Rights - Video [Last Updated On: May 23rd, 2014] [Originally Added On: May 23rd, 2014]
- Bangor Area School District teachers vote no to random drug [Last Updated On: May 24th, 2014] [Originally Added On: May 24th, 2014]
- I Don't Care About The Contitution, Take Your Fourth Amendment And Shove It The Hills Hotel - Video [Last Updated On: May 27th, 2014] [Originally Added On: May 27th, 2014]
- Lonestar1776 at Illegal Checkpoint 80 Miles Inside Border - Standing UP & Pushing Back! pt 2/2 - Video [Last Updated On: August 31st, 2014] [Originally Added On: August 31st, 2014]
- Suit charges Daytona Beach's rental inspection program violates civil rights [Last Updated On: September 3rd, 2014] [Originally Added On: September 3rd, 2014]
- 4th Amendment - Laws.com [Last Updated On: September 4th, 2014] [Originally Added On: September 4th, 2014]
- YOU CAN ARREST ME NOW (cops refuse, steal phone) - Video [Last Updated On: September 7th, 2014] [Originally Added On: September 7th, 2014]
- The Feds Explain How They Seized The Silk Road Servers [Last Updated On: September 8th, 2014] [Originally Added On: September 8th, 2014]
- Volokh Conspiracy: Does obtaining leaked data from a misconfigured website violate the CFAA? [Last Updated On: September 9th, 2014] [Originally Added On: September 9th, 2014]
- Defence asks judge in NYC to toss out bulk of evidence in Silk Road case as illegally obtained [Last Updated On: September 10th, 2014] [Originally Added On: September 10th, 2014]
- Family of a mentally ill woman files lawsuit against San Mateo Co. after deadly shooting [Last Updated On: September 10th, 2014] [Originally Added On: September 10th, 2014]
- Minnesota Supreme Court upholds airport drug case decision [Last Updated On: September 12th, 2014] [Originally Added On: September 12th, 2014]
- Law Talk - Obamacare Rollout; Fourth Amendment, NSA Spying Stop & Frisk DUI Check Points lta041 - Video [Last Updated On: September 12th, 2014] [Originally Added On: September 12th, 2014]
- Volokh Conspiracy: The posse comitatus case and changing views of the exclusionary rule [Last Updated On: September 15th, 2014] [Originally Added On: September 15th, 2014]
- Guest: Why the privacy of a public employees cellphone matters [Last Updated On: September 16th, 2014] [Originally Added On: September 16th, 2014]
- Volokh Conspiracy: Apples dangerous game [Last Updated On: September 19th, 2014] [Originally Added On: September 19th, 2014]
- Judge expounds on privacy rights [Last Updated On: September 20th, 2014] [Originally Added On: September 20th, 2014]
- Great privacy essay: Fourth Amendment Doctrine in the Era of Total Surveillance [Last Updated On: September 20th, 2014] [Originally Added On: September 20th, 2014]
- The Fourth Amendment By Maison Erdman - Video [Last Updated On: September 20th, 2014] [Originally Added On: September 20th, 2014]
- Volokh Conspiracy: When administrative inspections of businesses turn into massive armed police raids [Last Updated On: September 22nd, 2014] [Originally Added On: September 22nd, 2014]
- The chilling loophole that lets police stop, question and search you for no good reason [Last Updated On: September 23rd, 2014] [Originally Added On: September 23rd, 2014]
- Pet Owners Look to Muzzle Police Who Shoot Dogs [Last Updated On: September 27th, 2014] [Originally Added On: September 27th, 2014]
- Volokh Conspiracy: A few thoughts on Heien v. North Carolina [Last Updated On: September 29th, 2014] [Originally Added On: September 29th, 2014]
- Volokh Conspiracy: Third Circuit on the mosaic theory and Smith v. Maryland [Last Updated On: October 1st, 2014] [Originally Added On: October 1st, 2014]
- Volokh Conspiracy: Third Circuit gives narrow reading to exclusionary rule [Last Updated On: October 2nd, 2014] [Originally Added On: October 2nd, 2014]
- Volokh Conspiracy: Supreme Court takes case on duration of traffic stops [Last Updated On: October 3rd, 2014] [Originally Added On: October 3rd, 2014]
- Search & Seizure, Racial Bias: The American Law Journal on the Philadelphia CNN-News Affiliate WFMZ Monday, October 6 ... [Last Updated On: October 3rd, 2014] [Originally Added On: October 3rd, 2014]
- Argument preview: How many brake lights need to be working on your car? [Last Updated On: October 3rd, 2014] [Originally Added On: October 3rd, 2014]
- The 'Barney Fife Loophole' to the Fourth Amendment [Last Updated On: October 3rd, 2014] [Originally Added On: October 3rd, 2014]
- Search & Seizure: A New Fourth Amendment for a New Generation? - Promo - Video [Last Updated On: October 4th, 2014] [Originally Added On: October 4th, 2014]
- Ap Government Fourth Amendment Project - Video [Last Updated On: October 4th, 2014] [Originally Added On: October 4th, 2014]
- Lubbock Liberty Workshop With Arnold Loewy On The Fourth Amendment - Video [Last Updated On: October 5th, 2014] [Originally Added On: October 5th, 2014]
- Feds Hacked Silk Road Without A Warrant? Perfectly Legal, Prosecutors Argue [Last Updated On: October 7th, 2014] [Originally Added On: October 7th, 2014]
- Supreme Court Starts Term with Fourth Amendment Case [Last Updated On: October 7th, 2014] [Originally Added On: October 7th, 2014]
- Argument analysis: A simple answer to a deceptively simple Fourth Amendment question? [Last Updated On: October 9th, 2014] [Originally Added On: October 9th, 2014]
- Feds Say That Even If FBI Hacked The Silk Road, Ulbricht's Rights Weren't Violated [Last Updated On: October 9th, 2014] [Originally Added On: October 9th, 2014]
- Mass Collection of U.S. Phone Records Violates the Fourth Amendment - Video [Last Updated On: October 9th, 2014] [Originally Added On: October 9th, 2014]
- Leggett sides with civil liberties supporters [Last Updated On: October 10th, 2014] [Originally Added On: October 10th, 2014]
- Search & Seizure / Car Stops: A 'New' Fourth Amendment for a New Generation? - Video [Last Updated On: October 10th, 2014] [Originally Added On: October 10th, 2014]
- The Fourth Amendment- The Maininator Period 4 - Video [Last Updated On: October 10th, 2014] [Originally Added On: October 10th, 2014]
- Judge nukes Ulbricht's complaint about WARRANTLESS FBI Silk Road server raid [Last Updated On: October 11th, 2014] [Originally Added On: October 11th, 2014]
- Montgomery County will not hold immigrants without probable cause -- Gazette.Net [Last Updated On: October 13th, 2014] [Originally Added On: October 13th, 2014]
- Debate: Does Mass Phone Data Collection Violate The 4th Amendment? [Last Updated On: October 14th, 2014] [Originally Added On: October 14th, 2014]
- Does the mass collection of phone records violate the Fourth Amendment? [Last Updated On: October 19th, 2014] [Originally Added On: October 19th, 2014]
- When Can the Police Search Your Phone and Computer? [Last Updated On: October 21st, 2014] [Originally Added On: October 21st, 2014]
- Supreme Court to decide if cops can access hotel registries without warrants [Last Updated On: October 22nd, 2014] [Originally Added On: October 22nd, 2014]
- Third Circuit Allows Evidence from Warrantless GPS Device [Last Updated On: October 22nd, 2014] [Originally Added On: October 22nd, 2014]
- US court rules in favor of providing officials access to entire email account [Last Updated On: October 24th, 2014] [Originally Added On: October 24th, 2014]
- EL MONTE POLICE OFFICER VIOLATES ARMY VETERAN'S FOURTH AMENDMENT RIGHT - Video [Last Updated On: October 25th, 2014] [Originally Added On: October 25th, 2014]
- FBI demands new powers to hack into computers and carry out surveillance [Last Updated On: October 30th, 2014] [Originally Added On: October 30th, 2014]
- Fourth Amendment (United States Constitution ... [Last Updated On: November 4th, 2014] [Originally Added On: November 4th, 2014]
- Fourth Amendment - Video [Last Updated On: November 4th, 2014] [Originally Added On: November 4th, 2014]
- Call Yourself a Hacker and Lose Fourth Amendment Rights - Video [Last Updated On: November 5th, 2014] [Originally Added On: November 5th, 2014]
- Volokh Conspiracy: Magistrate issues arrest warrants for 17 years but is new to probable cause [Last Updated On: November 7th, 2014] [Originally Added On: November 7th, 2014]