ILNews

Federal suit targets new sex-offender law

Michael W. Hoskins
January 1, 2008
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The American Civil Liberties Union of Indiana filed a federal suit Thursday against every state prosecutor and sheriff's office, hoping to stop them from enforcing a new sex-offender law set to begin July 1.

Specifically, the class action suit challenges a provision of the new law that will require those registered on the statewide registry to give blanket consent for searches of their computers.

The challenge comes less than two weeks after Gov. Mitch Daniels signed into law the measure that hails from Senate Bill 258, entailing a larger pack of restrictions against convicted sex offenders and violent offenders. Those individuals would have to also provide authorities with any e-mail addresses they have, and some would be required to wear Global Positioning System devices.

Those registered offenders would have to sign a consent form agreeing to searches of computers or Internet-enabled devices at any time. They would also have to install Internet-monitoring software at their own expense.

"The amendment (to Indiana Code 11-8-8-8) represents a flagrant violation of the Fourth Amendment and is unconstitutional," the suit says.

The suit was filed on behalf of a Marion County man using the name "John Doe" and a 41-year-old Scott County resident named Steven Morris. Doe was released from prison in 1999, isn't on probation, parole, or supervised release, and must register for life on the statewide registry; the suit gives no information regarding the crime or crimes of which he was convicted. Morris was convicted of child molesting and sexual misconduct with a minor; he is also not under any supervision and is required to register for life, the suit says.

The two plaintiffs use their home computers for financial transactions and business purposes, and neither wants to give blanket permission for the searches, the suit says.
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  1. The child support award is many times what the custodial parent earns, and exceeds the actual costs of providing for the children's needs. My fiance and I have agreed that if we divorce, that the children will be provided for using a shared checking account like this one(http://www.mediate.com/articles/if_they_can_do_parenting_plans.cfm) to avoid the hidden alimony in Indiana's child support guidelines.

  2. Fiat justitia ruat caelum is a Latin legal phrase, meaning "Let justice be done though the heavens fall." The maxim signifies the belief that justice must be realized regardless of consequences.

  3. Indiana up holds this behavior. the state police know they got it made.

  4. Additional Points: -Civility in the profession: Treating others with respect will not only move others to respect you, it will show a shared respect for the legal system we are all sworn to protect. When attorneys engage in unnecessary personal attacks, they lose the respect and favor of judges, jurors, the person being attacked, and others witnessing or reading the communication. It's not always easy to put anger aside, but if you don't, you will lose respect, credibility, cases, clients & jobs or job opportunities. -Read Rule 22 of the Admission & Discipline Rules. Capture that spirit and apply those principles in your daily work. -Strive to represent clients in a manner that communicates the importance you place on the legal matter you're privileged to handle for them. -There are good lawyers of all ages, but no one is perfect. Older lawyers can learn valuable skills from younger lawyers who tend to be more adept with new technologies that can improve work quality and speed. Older lawyers have already tackled more legal issues and worked through more of the problems encountered when representing clients on various types of legal matters. If there's mutual respect and a willingness to learn from each other, it will help make both attorneys better lawyers. -Erosion of the public trust in lawyers wears down public confidence in the rule of law. Always keep your duty to the profession in mind. -You can learn so much by asking questions & actively listening to instructions and advice from more experienced attorneys, regardless of how many years or decades you've each practiced law. Don't miss out on that chance.

  5. Agreed on 4th Amendment call - that was just bad policing that resulted in dismissal for repeat offender. What kind of parent names their boy "Kriston"?

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