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. This is ridiculous. Most JDs not practicing law don't know squat to justify calling themselves a lawyer. Maybe they should try visiting the inside of a courtroom before they go around calling themselves lawyers. This kind of promotional BS just increases the volume of people with JDs that are underqualified thereby dragging all the rest of us down likewise.

  2. I think it is safe to say that those Hoosier's with the most confidence in the Indiana judicial system are those Hoosier's who have never had the displeasure of dealing with the Hoosier court system.

  3. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  4. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  5. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.