Mitchell Hamline School of Law

Sex Offense Litigation and Policy Resource Center

Fourth Amendment

Braam v. Carr (7th Cir. 2022)

Posted: August 16, 2022
Seventh Circuit opinion affirming district court's denial of a preliminary injunction and concluding that plaintiffs were not likely to succeed on the merits of their Fourth Amendment claim because, under the totality of the circumstances, lifetime GPS monitoring of purported class of individuals convicted of repeat sex offenses against children is not an unreasonable search.

Braam v. Carr (7th Cir. 2022)

State v. Anthony (N.C. Ct. App. 2022)

Posted: August 16, 2022
North Carolina Court of Appeals opinion concluding that lifetime Satellite Based Monitoring ("SBM") of Defendant was not an unreasonable search in violation of the Fourth Amendment after balancing the state's interest in "preventing and prosecuting future crimes", Defendant's "diminished expectation of privacy both during and after any period of post-release supervision," and the "limited intrusion" caused by lifetime SBM.

State v. Anthony (N.C. Ct. App. 2022)

Topics

Jurisdiction

Constitutional Issues

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