ILNews

AG won't appeal sex-offender law ruling

IL Staff
January 1, 2008
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The Office of Indiana Attorney General won't appeal a federal court's decision last month that ruled a law requiring sex offenders to allow for blanket consent of computer and home searches is unconstitutional.

Instead of appealing, Attorney General Steve Carter said in a press release Thursday that the office will work with legislators this fall to create a law that will protect children from Internet predators but would not violate the Constitution.

Carter also cited the cost to taxpayers as a factor in the decision, saying it could cost $100,000 or more to appeal the ruling.

On June 24, U.S. District Chief Judge David F. Hamilton of the Southern District of Indiana struck down a major portion of a new law set to take affect July 1 that required registered sex offenders - including those who already served their sentence and aren't on probation or court supervision - to consent to unlimited searches of their homes and computers by authorities.

Two convicted sex offenders who had already served their time filed a class-action lawsuit with the help of the American Civil Liberties Union of Indiana against prosecutors in the state.

The District Court ruled that portion of the law was unconstitutional and would require those sex offenders to choose between committing a new crime by not consenting and giving up their Fourth Amendment rights to privacy and security in their own homes.
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  1. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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