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. I am compelled to announce that I am not posting under any Smith monikers here. That said, the post below does have a certain ring to it that sounds familiar to me: http://www.catholicnewworld.com/cnwonline/2014/0907/cardinal.aspx

  2. As an adoptive parent, I have to say this situation was as shameful as it gets. While the state government opens its wallet to the Simons and their friends, it denied payments to the most vulnerable in our state. Thanks Mitch!

  3. We as lawyers who have given up the range of First amendment freedom that other people possess, so that we can have a license to practice in the courts of the state and make gobs of money, that we agree to combat the hateful and bigoted discrimination enshrined in the law by democratic majorities, that Law Lord Posner has graciously explained for us....... We must now unhesitatingly condemn the sincerely held religious beliefs of religiously observant Catholics, Muslims, Christians, and Jewish persons alike who yet adhere to Scriptural exhortations concerning sodomites and catamites..... No tolerance will be extended to intolerance, and we must hate the haters most zealously! And in our public explanations of this constitutional garbledygook, when doing the balancing act, we must remember that the state always pushes its finger down on the individualism side of the scale at every turn and at every juncture no matter what the cost to society.....to elevate the values of a minority over the values of the majority is now the defining feature of American "Democracy..." we must remember our role in tricking Americans to think that this is desirable in spite of their own democratically expressed values being trashed. As a secular republic the United States might as well be officially atheist, religious people are now all bigots and will soon be treated with the same contempt that kluckers were in recent times..... The most important thing is that any source of moral authority besides the state be absolutely crushed.

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