Is GPS monitoring unconstitutional? When the Supreme Court remanded Grady v. North Carolina back to the state, it essentially said that GPS monitoring after an individual has completed their sentence and is off of supervision (including any probation or parole), violates an individual’s 4th amendment right. The court agreed that GPS monitoring of a private citizen is an illegal search.

The Court’s sent the case back to North Carolina, where it took another four years until lawyers for Torrey Grady won their case in that state’s Supreme Court. We highlight why that positive win has not yet eliminated the use of GPS (also known as Satellite Based Monitoring) for those no longer under community supervision.

Programs in various states differ in important ways. For instance, not every state allows for lifetime monitoring. Of the ones that do, some allow for monitoring only if the offender is on probation or parole, while others allow unsupervised individuals to be monitored. So the patchwork of laws in different jurisdictions makes it difficult to have consistency for how the ruling is applied.

Also, the court ruled that GPS monitoring might not be unconstitutional if the monitoring is “reasonable.” Since each state can determine what is considered reasonable, the state can argue that lifetime monitoring is not unconstitutional because they consider it reasonable. We believe more litigation will be needed to close loopholes states use to continue this practice.

We also expand on a listener’s question from several episodes back about Nevada law, and remind listeners that federal guidelines are merely advisory. States are allowed to go beyond them. Therefore, don’t rely on federal guidelines when making determinations on your case. Instead, rely on your state’s guidelines.

We also cover two articles briefly. One is a follow up to a recent episode about military sexual assault cases. The other details the positive steps being taken to improve voting rights to individuals with felony convictions.

Highlights

[05:16] Importance of not alienating committee members when testifying before legislative committees.

[09:15] Follow up to listener’s question about sentencing in Nevada.

[21:01] Detailed discussion of GPS monitoring.

[44:00] Sexual assaults on U.S. military academies.

[47:02] Legislation that advances voting rights for those with felony convictions.

How to Contact and Listen to Registry Matters

RM258: GPS and the 4th Amendment–Stay Tuned

• https://www.registrymatters.co/podcast/rm241-alabama-rules-pfr-restrictions-just-a-civil-regulatory-scheme
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The Registry Matters Podcast’s mission is to cover issues surrounding the Registry. We cover cases that will peel back the veneer of what we need to do to change our lives for the better. We cover news articles that spark conversations about the total insanity of this modern day witch hunt. This podcast will call out bad policy and call out those that are making bad policy.

To change things for the positive, we need to act. We are 6-7-8-900k strong. With that many people, plus their friends and family, over a million people are affected by the registry. We should be able to secure donations to hire lawyers and lobbyists to move the agenda in our favor. We need our people to be represented.

Many people on the sex offender registry have received a scam phone call from someone claiming they work for law enforcement. These calls typically allege an arrest warrant is out for the PFRs arrest due to some violation of registry rules. And scammers are more sophisticated, creating realistic call back numbers and using the lingo of law enforcement.

We cover a scam that occurred to one of our patrons, describe it in detail, and discuss how these scammers have become more sophisticated. This particular scam included a QR code along with instructions for printing a “verified receipt.” Unfortunately, even after notified of the scam, law enforcement rarely investigates such scams.

Bottom line, however, is that law enforcement does not call in advance to warn you. If they want to arrest you, they will show up.

Our program also analyzes several clips from a recent Intelligence Squared debate between Dr. Emily Horowitz and Cary Federman. Although Mr. Federman’s comments show that he is clueless and makes false claims about the registry. Although Dr. Horowitz held her own, she fell into the low recidivism trap. Although low recidivism is an accurate argument, it is not a winning one unfortunately.

A listener’s question about the recent case in Missouri leads to a discussion about the importance and intricacies of lobbying.

Finally, we discuss another tragic case of an inmate dying in custody in Jasper, Alabama. When he arrived at the hospital, his temperature was 72 degrees. Once again, another inmate dies while under the “care” of prison officials.

Highlights

[04:00] Clips of Senator Lindsey Graham questioning a nominee for the district court in California.

[15:52] Inmate freezes to death in Alabama jail.

[22:00] How to lobby for changes in a law.

[35:00] Latest scam out of Georgia.

[46:30] Dr. Emily Horowitz debate on Intelligence Squared podcast.

How to Contact and Listen to Registry Matters

https://www.registrymatters.co/podcast/rm256-dont-fall-for-the-scam-law-enforcement-doesnt-call-before-an-arrest

Leave voicemail: 747-227-4477

Email us: registrymatterscast@gmail.com

Support us on Patreon: https://www.patreon.com/registrymatters

Follow us on Twitter: https://twitter.com/RegistryMatters

Join the Discord server: https://discord.gg/6FnxwAQm57

Want to support Registry Matters with some swag: https://shop.spreadshirt.com/registry-matters

Apple Podcasts: https://itunes.apple.com/us/podcast/registry-matters/id1305039280

Google Play Music: https://play.google.com/music/listen?u=0#/ps/Icuxbpzvyti7wtoredipbtiojqy

RSS: https://www.registrymatters.co/feed/podcast/

Spotify: https://open.spotify.com/show/3d75P7Kc37n2l79m89F9KI

YouTube: https://www.youtube.com/registrymatters

The Registry Matters Podcast’s mission is to cover issues surrounding the Registry. We cover cases that will peel back the veneer of what we need to do to change our lives for the better. We cover news articles that spark conversations about the total insanity of this modern day witch hunt. This podcast will call out bad policy and call out those that are making bad policy.

To change things for the positive, we need to act. We are 6-7-8-900k strong. With that many people, plus their friends and family, over a million people are affected by the registry. We should be able to secure donations to hire lawyers and lobbyists to move the agenda in our favor. We need our people to be represented.

Tonight’s podcast features three cases–the Butts County Halloween victory, a 7th Circuit of Appeals case, and the latest from the Pacific Legal Fund/ACSOL challenges. And we have learned in following court cases that these cases take ages to finish. And even after there’s a win, the case isn’t always over.

Take the Butts County Halloween case. The attorneys working with NARSOL were the prevailing party. However, Butts County challenged the attorney fees, and after much negotiation, the courts awarded our attorneys $298,000, far more than the $100,000 Butts County wanted to pay.

Among other tactics, the county tried to argue that

–we hadn’t won (we had)
–we were padding hours (the court said otherwise)
–our attorneys were charging too much (the court said the fees were reasonable)
–the paralegals were being overpaid (the court also disputed this)

And before the check is in hand, Butts can appeal this ruling and slow down the wheels of justice.

So this was a huge win that shows the legal community that quality cases can be won.

The Seventh Circuit of Appeals litigation continues, and we discuss recent developments that have occured because the Indiana DOC appealed Judge Young’s ruling. Once again, the wheels of justice attempt to but the brakes on court decisions with favorable rulings for PFRs.

Finally, we analyze the latest results from the California Challenge brought by the Pacific Legal Foundation and ACSOL. Our analysis shows both good and bad news in the latest rulings, but the case is far from over. The next step could be trial or summary judgments, and it could be years before the case is settled.

Highlights

[04:25] Listener letter and explanation of how NARSOL picks cases.

[11:30] Seventh Circuit of Appeals continued litigation.

[22:15] Monetary Award disputes in the Butts County Halloween case.

[38:45] Pacific Legal Foundation/ACSOL challenge in California.

How to Contact and Listen to Registry Matters

https://www.registrymatters.co/podcast/rm251-the-wheels-of-justice-grinds-us-slowly/

Leave voicemail: 747-227-4477

Email us: registrymatterscast@gmail.com

Support us on Patreon: https://www.patreon.com/registrymatters

Follow us on Twitter: https://twitter.com/RegistryMatters

Join the Discord server: https://discord.gg/6FnxwAQm57

Want to support Registry Matters with some swag: https://shop.spreadshirt.com/registry-matters

Apple Podcasts: https://itunes.apple.com/us/podcast/registry-matters/id1305039280

Google Play Music: https://play.google.com/music/listen?u=0#/ps/Icuxbpzvyti7wtoredipbtiojqy

RSS: https://www.registrymatters.co/feed/podcast/

Spotify: https://open.spotify.com/show/3d75P7Kc37n2l79m89F9KI

YouTube: https://www.youtube.com/registrymatters

The Registry Matters Podcast’s mission is to cover issues surrounding the Registry. We cover cases that will peel back the veneer of what we need to do to change our lives for the better. We cover news articles that spark conversations about the total insanity of this modern day witch hunt. This podcast will call out bad policy and call out those that are making bad policy.

To change things for the positive, we need to act. We are 6-7-8-900k strong. With that many people, plus their friends and family, over a million people are affected by the registry. We should be able to secure donations to hire lawyers and lobbyists to move the agenda in our favor. We need our people to be represented.