Families of SOs Community Group
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The United States Supreme Court has ruled that GPS trackers is a search and therefore requires a warrant.
The ruling came as part of a case referred to as Grady v. North Carolina, in which Torrey Dale Grady — twice-convicted as a sex offender — was compelled to wear a GPS monitor at all times in 2013 by North Carolina officials. In court, Grady challenged this, claiming it qualified as an unreasonable search. North Carolina’s State Supreme Court first ruled in favor of the tracker, arguing that it did not qualify as a search, but The Supreme Court agreed with Grady.
The ruling means that lower courts will now have to consider whether attaching a GPS tracker to both people and property constitutes a reasonable search.
http://tinyurl.com/qztqwte
This can be nothing but good news for our movement.
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The ruling came as part of a case referred to as Grady v. North Carolina, in which Torrey Dale Grady — twice-convicted as a sex offender — was compelled to wear a GPS monitor at all times in 2013 by North Carolina officials. In court, Grady challenged this, claiming it qualified as an unreasonable search. North Carolina’s State Supreme Court first ruled in favor of the tracker, arguing that it did not qualify as a search, but The Supreme Court agreed with Grady.
The ruling means that lower courts will now have to consider whether attaching a GPS tracker to both people and property constitutes a reasonable search.
http://tinyurl.com/qztqwte
This can be nothing but good news for our movement.
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That's my hope anyways ..
I have been a registrant and or an inmate for almost 25 years and I have seen the changes. I have seen the registry in its beginnings when the only restrictions were a once a year for 10 year reporting requirement for everyone---no tier levels----and most states did not even require an in person reporting requirement to law enforcement unless there was an address change.
I have seen the residency restrictions and the extreme probation rules evolve over the years, along with the new restrictions such as a mark on the driver's license, the buffer zones, and the other nonsense they put registrants and their families through.
The AWA/SORNA was a huge bump in the road, but in the past couple of years judges are now beginning to see the punitive aspects of some of these laws. Just to remind you, in the last three years we have had landmark court decisions in Oklahoma, Ohio, and Maryland that removed many registrants from the registry.
The registry and all its ramifications did not become such a mess and so burdensome overnight and we cannot expect to fix the problems overnight. This will take time, but I can assure you, we ARE on the right road. It is only a matter of time before more and more courts rule in our favor and someday one of those rulings will help YOU and your situation.
All judges to a certain extent are politically driven and trust me, if things had not changed for the better, the Supreme Court Justices in Oklahoma, a very Conservative state, would have never---never----rendered the decision they did in the Starkey case in 2013. That opened my eyes.
If the courts in Oklahoma can see that portions or the registry are punitive, any court in our country can also. Yes, even Florida.
As more and more courts rule in out favor, it puts more pressure on future courts to take a much closer look at the registry and the possible punitive effect it has on the family, and especially the children. Do not be naive, other courts see some of these positive court decisions and take note.
Let's not forget this latest decision from the court was from the United States Supreme Court, the highest court in the land, and the decision was unanimous. Whenever Alito, Thomas, Scalia, or Roberts rule to uphold the constitutional rights of any citizen----much less a probationer or a sex offender----that is a miracle in and of itself.
We ARE making progress even though it is slow. I just want everyone to keep the faith---and for all of us to stick together and support each other no matter our situation------as I assure you better days are coming for us and our movement.
The bottom line is that we are all in this together. We need to remember that. None of us are "better" than anyone else on this board and regardless of our position in life, our economic situation, or our education, we are all equal peers. Also no crime is any better or any worse than anyone else's crime-----they all put someone on the registry.
As Independent has mentioned, each ruling in our favor is another brick removed from the wall of unfairness we suffer. Soon that wall will not have enough support to stand up by itself.
Better days are ahead folks.
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Don't forget to celebrate the victories, there are many more coming our way and we still have a long way to go! One brick at a time!
Very hopeful,
-Independent
i want to scream and rage, say the hell with the bricks. one brick at a time.
i would so love to take some sticks of dynamite and stick them where the sun doesn't shine for some and blow the biggest 'blocks' to kingdom come!!!
http://tinyurl.com/n9xtbx6
Hope this helps.
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