ACLU loses appeal in challenging sex offender GPS monitoring
Delaware’s Supreme Court has rejected a challenge from the American Civil Liberties Union to a law requiring GPS monitoring of certain sex offenders who have been released from prison and are on probation.
After hearing arguments Wednesday, the court issued a two-sentence order Friday upholding a Chancery Court decision in favor of the state.
The ACLU sued on behalf of three high-risk sex offenders, including a rapist and a female accomplice to rape and sodomy. They complained that wearing GPS monitors was embarrassing, sometimes painful and an invasion of privacy. The ACLU said the monitoring amounted to an unconstitutional search under the Fourth Amendment.
How is it NOT punishment to lock someone up if they forget to charge a device strapped to their leg?? This case would have had a better chance of winning if the defendents weren’t considered ‘high risk’. Not a good idea to try to change a law when your examples are people that are considered the ‘worst of the worst’ within a group that is already despised. They should have chosen Level 1 and Level 2 offenders, or low-to-medium risk. At least that would have put the judge at ease, and a higher chance to get a ruling that would have allowed for discretion to be used for all risk levels of offenders. The lawyers’ strategy here was not good and I hope they can appeal.
Doesn’t seem like much can be done until a Court declares sex offender laws as punitive in nature. Until that is done it seems that Courts can’t justify making a favorable decision on our behalf.
I do not agree with the GPS monitoring I am not surprised at this ruling. I think the difference (for the court) of being on probation or parole is the key. Hopefully, they would have found it punitive if it was after release from sanctions.
I have to agree with you Karen. If they had finished their sentence, it may have been decided differently. Not to ever deny that it is extremely embarrassing and possibly painful depending upon how it was placed on the leg. I think that a complaint about the pain it causes should be perused through the department of corrections.