April 2, 2019, 4:04 am
In Commonwealth v. Feliz, a case decided by the Massachusetts Supreme Court yesterday, the Court concluded that mandatory GPS monitoring for all sex offenses is “over inclusive in that GPS monitoring will not necessarily constitute a reasonable search for all individuals convicted of a qualifying sex offense.”
The Plaintiff, a CP offender, was strapped with a GPS monitor as part of his sentence, in accordance with a Massachusetts Law that required all sex offenders be subjected to GPS monitoring. Under Article 14 of the Mass Constitution, an individualized determination of reasonableness is required in order to conduct more than minimally invasive searches, and the court found GPS monitoring is not a minimally invasive search.
The full opinion, which can be read here: https://www.mass.gov/files/documents/2019/03/26/12545.pdf is a significant win in Massachusetts and a persuasive argument against mandatory GPS for technical “registration violations” as Florida enacted last year.
The post MA: State Supreme Court says GPS not reasonable in all Cases appeared first on Florida Action Committee.
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Author: Florida Action Committee
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