NC: On remand from Grady, lifetime monitoring of sex offense “recidivists” off parole or any community control violates 4A

On remand from Grady v. North Carolina, 135 S. Ct. 1368 (2015), North Carolina’s lifetime satellite based monitoring system is unconstitutional as applied to those “recidivists” who have completed parole and all post-release supervision. The court does not go into other classes of offenders. State v. Grady, 2019 N.C. LEXIS 799 (Aug. 16, 2019):

Defendant argues that North Carolina’s SBM program effects an unreasonable search and is unconstitutional both on its face and as applied to him under the Fourth Amendment to the United States Constitution. In light of our analysis of the program and the applicable law, we conclude that the State’s SBM program is unconstitutional in its application to all individuals in the same category as defendant—specifically, individuals who are subject to mandatory lifetime SBM based solely on their status as a statutorily defined “recidivist” who have completed their prison sentences and are no longer supervised by the State through probation, parole, or post-release supervision. We decline to address the application of SBM beyond this class of individuals.

This entry was posted in GPS / Tracking Data, Probation / Parole search. Bookmark the permalink.

Comments are closed.