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. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

  2. As a lawyer who grew up in Fort Wayne (but went to a real law school), it is not that hard to find a mentor in the legal community without your school's assistance. One does not need to pay tens of thousands of dollars to go to an unaccredited legal diploma mill to get a mentor. Having a mentor means precisely nothing if you cannot get a job upon graduation, and considering that the legal job market is utterly terrible, these students from Indiana Tech are going to be adrift after graduation.

  3. 700,000 to 800,000 Americans are arrested for marijuana possession each year in the US. Do we need a new justice center if we decriminalize marijuana by having the City Council enact a $100 fine for marijuana possession and have the money go towards road repair?

  4. I am sorry to hear this.

  5. I tried a case in Judge Barker's court many years ago and I recall it vividly as a highlight of my career. I don't get in federal court very often but found myself back there again last Summer. We had both aged a bit but I must say she was just as I had remembered her. Authoritative, organized and yes, human ...with a good sense of humor. I also appreciated that even though we were dealing with difficult criminal cases, she treated my clients with dignity and understanding. My clients certainly respected her. Thanks for this nice article. Congratulations to Judge Barker for reaching another milestone in a remarkable career.

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