ILNews

AG won't appeal sex-offender law ruling

IL Staff
January 1, 2008
Keywords
Back to TopCommentsE-mailPrintBookmark and Share
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.
ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  2. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

  3. No, Ron Drake is not running against incumbent Larry Bucshon. That’s totally wrong; and destructively misleading to say anything like that. All political candidates, including me in the 8th district, are facing voters, not incumbents. You should not firewall away any of voters’ options. We need them all now more than ever. Right? Y’all have for decades given the Ds and Rs free 24/7/365 coverage of taxpayer-supported promotion at the expense of all alternatives. That’s plenty of head-start, money-in-the-pocket advantage for parties and people that don’t need any more free immunities, powers, privileges and money denied all others. Now it’s time to play fair and let voters know that there are, in fact, options. Much, much better, and not-corrupt options. Liberty or Bust! Andy Horning Libertarian for IN08 USA House of Representatives Freedom, Indiana

  4. A great idea! There is absolutely no need to incarcerate HRC's so-called "super predators" now that they can be adequately supervised on the streets by the BLM czars.

  5. One of the only qualms I have with this article is in the first paragraph, that heroin use is especially dangerous because it is highly addictive. All opioids are highly addictive. It is why, after becoming addicted to pain medications prescribed by their doctors for various reasons, people resort to heroin. There is a much deeper issue at play, and no drug use should be taken lightly in this category.

ADVERTISEMENT