NC reverse to satellite monitoring sex offender conditions for lack of findings

“The trial court ordered Defendant Aaron Lee Gordon to enroll in lifetime satellite-based monitoring following his eventual release from prison. Defendant appeals. Because the State cannot establish at this time that Defendant’s submission to satellite-based monitoring will constitute a reasonable Fourth Amendment search in the future, upon Defendant’s release from prison, we vacate the trial court’s civil order mandating satellite-based monitoring.” State v. Gordon, 2018 N.C. App. LEXIS 889 (Sep. 4, 2018).

“Fred Dravis … appeals from the trial court’s order requiring him to submit to satellite-based monitoring (‘SBM’) for a period of five years. Because prior decisions from this Court mandate the conclusion that the State failed to meet its burden of showing that the imposition of SBM was a reasonable search under the Fourth Amendment as to Defendant, we reverse.” State v. Dravis, 2018 N.C. App. LEXIS 875 (Sep. 4, 2018).

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