NJ: Tier III GPS sex offender monitoring valid under special needs exception

GPS monitoring of Tier III sex offenders is a search, and it is shown to be valid under the special needs exception. “As to the governmental interest, the Court notes that the State’s interest in deterring and preventing sexual offenses is compelling and well recognized but stresses that the strength of that interest still must be evaluated in context. [¶] On balance, H.R.’s diminished privacy interests as a Tier III Megan’s Law sex offender on PSL are outweighed by the State’s interest in deterring and rehabilitating him as a high-risk sex offender.” [Syllabus] H.R. v. N.J. State Parole Bd., 2020 N.J. LEXIS 664 (June 1, 2020).

The officer’s pacing defendant’s car to determine whether he was speeding was reasonable suspicion for his stop. State v. Byrd, 2020 Tenn. Crim. App. LEXIS 383 (June 2, 2020).*

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