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    Mitchell Hamline School of Law, located in St. Paul, Minnesota offers a rigorous, practice-based experience, preparing graduates to serve clients and communities. Our motivated students study full time or part time, on-campus or partially online in the way that fits their lives.

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Sex Offense Litigation and Policy Resource Center

4th Amendment

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Search SOLPRC

Recent Cases

  • Hope v. Commissioner (7th Cir. 2023)

  • Does #1-9 v. Lee (M.D. Tenn. 2023)

  • People ex rel. Rivera v. Superintendent, Woodbourne Correctional Facility (N.Y. 2023)

  • Rick v. Harpstead (D. Minn. 2023)

  • Smith v. St. Louis County Police (Mo. 2023)

  • United States v. Castellano (4th Cir. 2023)

  • Fallen v. United States (D.C. Ct. App. 2023)

  • Montana v. Hinman (Mont. 2023)

  • Clements v. Florida (11th Cir. 2023)

  • People v. Superior Court of Santa Cruz County (Cal. Ct. App. 2023)

Contact Information

Sex Offense Litigation and Policy Resource Center

875 Summit Avenue
Saint Paul, MN 55105

Professor Eric Janus, Director

eric.janus @mitchellhamline.edu

Elena Siegel, Staff Attorney

651-695-7687

elena.siegel @mitchellhamline.edu

Recent Posts

  • SOLPRC’s Policy Brief on Sex Offense Registration and Notification (SORN) Laws
  • January 2021
  • December 2020
  • November 2020
  • October 2020

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    State v. Hilton (N.C. 2021)

    Posted: November 2, 2021
    Supreme Court of North Carolina opinion holding in a case of first impression that lifetime satellite-based monitoring (SBM) based on Defendant's status as an aggravated sex offender was reasonable under the Fourth Amendment.

    State v. Hilton (N.C. 2021)

    Category: SORN Cases Tag: 4th Amendment, Conditions of Release, North Carolina, Supervised Release

    Willman v. United States Attorney General (6th Cir. 2020)

    Posted: August 27, 2020
    Federal district court in the Eastern District of Michigan dismissing broad constitutional challenge to federal SORNA.

    Willman v. United States Attorney General (6th Cir. 2020)

    Category: SORN Cases Tag: 4th Amendment, 6th Cir., 8th Amendment, AWA, Ex Post Facto, Michigan, Overbreadth, Privileges and Immunities, Void-for-Vagueness

    H.R. v. New Jersey State Parole Board (N.J. 2020)

    Posted: June 25, 2020
    New Jersey Supreme Court opinion affirming that, under certain circumstances, GPS monitoring for individuals on parole supervision for life is justified by the special needs exception to the warrant requirement of the 4th Amendment.

    H.R. v. New Jersey State Parole Board (N.J. 2020)

    Category: SORN Cases Tag: 3rd Cir., 4th Amendment, GPS, New Jersey

    Jones v. County of Suffolk et al. (2nd Cir. 2019)

    Posted: September 5, 2019
    2nd Circuit Court of Appeals affirming a federal trial court's finding that even if Plaintiff was "seized" during verification visits by contract employees of the state (Parents for Megan's Law), that the seizure was not unreasonable in light of the application of the special needs doctrine.

    Jones v. County of Suffolk et al. (2nd Cir. 2019)

    Category: SORN Cases Tag: 2nd Cir., 4th Amendment, New York, Special Needs

    State v. Grady (N.C. 2019)

    Posted: August 16, 2019
    North Carolina Supreme Court opinion holding that imposition of mandatory, lifetime GPS monitoring imposed on individuals who North Carolina classified as recidivist offenders and who were no longer under state criminal supervision was a violation of the Fourth Amendment.

    State v. Grady (N.C. 2019)

    Category: SORN Cases Tag: 4th Amendment, 4th Cir., GPS, North Carolina

    Commonwealth v. Feliz (Mass. 2019).

    Posted: April 10, 2019
    Supreme Judicial Court of Massachusetts holding that state statute requiring the imposition of GPS monitoring as a condition of probation was unconstitutional in the context of the case of an individual who was convicted of non-contact sexual offenses.

    Commonwealth v. Feliz (Mass. 2019).

    Category: SORN Cases Tag: 1st Cir., 4th Amendment, GPS, Massachusetts

    Park v. State (Ga. 2019)

    Posted: April 10, 2019
    Georgia Supreme Court holding that lifetime GPS monitoring of individuals designated as sexually violent predators under state law is unconstitutional under the Fourth Amendment.

    Park v. State (Ga. 2019)

    Category: Sex Offense Litigation and Policy Resource Center, SORN Cases Tag: 11th Cir., 4th Amendment, Georgia, GPS

    State v. Grady (N.C. Ct. App. 2018)

    Posted: December 20, 2018
    North Carolina Court of Appeals holding that, absent evidence of effectiveness, imposing GPS monitoring on person required to register would be a violation of the Fourth Amendment.

    State v. Grady (N.C. Ct. App. 2018)

    Category: SORN Cases Tag: 4th Amendment, 4th Cir., GPS, North Carolina

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

    Posted: December 20, 2018
    North Carolina Court of Appeals holding that in light of prior precedent, where state offers no evidence that GPS monitoring is effective in preventing crimes, imposing it on defendant is a violation of the Fourth Amendment.

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

    Category: SORN Cases Tag: 4th Amendment, 4th Cir., GPS, North Carolina

    Fourth Amendment Constraints on the Technological Monitoring of Convicted Sex Offenders

    Posted: June 29, 2018
    More than forty U.S. states currently track at least some of their convicted sex offenders using GPS devices. Many offenders will be monitored for life. The burdens and expense of living indefinitely under constant technological monitoring have been well documented, but most commentators have assumed that these burdens were of no constitutional moment because states have characterized such surveillance as “civil” in character — and courts have seemed to agree. In 2015, however, the Supreme Court decided in Grady v. North Carolina that attaching a GPS monitoring device to a person was a Fourth Amendment search, notwithstanding the ostensibly civil character of the surveillance. Grady left open the question whether the search — and the state’s technological monitoring program more generally — was constitutionally reasonable. This Essay considers the doctrine and theory of Fourth Amendment reasonableness as it applies to both current and envisioned sex offender monitoring technologies to evaluate whether the Fourth Amendment may serve as an effective check on post-release monitoring regimes.

    Fourth Amendment Constraints on the Technological Monitoring of Convicted Sex Offenders

    Category: SORN Secondary Materials Tag: 4th Amendment, GPS, Law Review

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    Constitutional Issues

    10th Amendment 14th Amendment 1st Amendment 4th Amendment 5th Amendment 6th Amendment 8th Amendment Assistance of Counsel Bail Bill of Attainder Compelled Speech Double Jeopardy Due Process Equal Protection Ex Post Facto Foreign Commerce Clause Fourteenth Amendment Freedom of Association Full Faith and Credit Habeas Corpus Necessary and Proper Nondelegation Overbreadth Privileges and Immunities Procedural Due Process Right to Jury Trial Right to Parent Right to Travel Ripeness Speedy Trial Standing Substantive Due Process Takings Clause Treaty power

    Substantive Issues

    Actual Innocence Administrative exhaustion Administrative Procedures Act AEDPA Antisocial Personality Disorder Apprendi / Alleyne As-Applied AWA Burden of Proof Churches Civil Commitment Collateral Estoppel Conditions of Confinement Conditions of Release Daubert Deregistration Evidentiary Standards Expungement Extraterritorial Registration Failure to Register Familial Relationships GPS Halloween Hearsay Heck bar Homelessness Housing HUD Immigration Ineffective Assistance International Travel Internet Identifiers Internet Restrictions Jury Instructions Juvenile Registration Mental disorder Non-Sexual Offense Notification Out-of-state Offense Paraphilia Diagnosis Pardon Parole Personality Disorder Plea Agreement Plethysmograph PLRA Polygraphs Preemption Presence Restrictions Procedural Default PROTECT Act Punishment Qualified Immunity Recidivism Reclassification Res Judicata Residential Banishment Retroactive Application (Non-EPF) Revocation of Supervision Risk School Property Second / Subsequent Offense Sentencing Sexual Predator designation Sign Posting Special Needs Supervised Release SVP Tiering / Classification Tolling Transitional Release Travel Travel Restrictions Treatment Programs




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