State v. Griffin (N.C. Ct. App. 2020)

State v. Griffin, 818 S.E.2d 336 (N.C. Ct. App. 2020)

Nature of Case: Subsequent to release from prison for a sex offense, state of North Carolina sought to enroll Appellant in a satellite-based monitoring (SBM) service for a period of thirty years. A hearing was held where the facts of his case were adduced, including that he failed to complete treatment in prison, that he was in a position of trust over his victim, that his victim was significantly younger than him, and that the offenses took place over a three year period. Trial court entered an order enrolling Appellant in a SBM program, and Appellant appealed.

Holding:  North Carolina Court of Appeals held, in light of Grady I, II, and III, where the state presents no evidence as to the efficacy of SBM in prevention of sex offenses, its application is an unreasonable search in violation of the Fourth Amendment to the United States Constitution.