ILNews

Judge: Sex offender law goes too far

Michael W. Hoskins
January 1, 2008
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Those registered sex offenders who've served their time and are no longer on probation or under court supervision cannot be required to give blanket consent to authorities for home and computer searches, the U.S. District Court Southern District of Indiana's chief judge ruled late afternoon on June 24.

U.S. District Judge David F. Hamilton in Indianapolis struck down a major portion of a new law set to take effect July 1, which would have required all convicted sex offenders to agree to have their personal computers searched at any time and allow Internet access to be monitored. That applied to all those on the statewide sex-offender registry, including those no longer serving sentences, on probation, or under any type of court supervision. Not complying would be a felony.

But the revised Indiana Code Section 11-8-8-8(b) goes too far, Judge Hamilton ruled in his 51-page opinion in John Doe and Steve Morris, et al. v. Marion County Prosecutor, et al., No. 1:08-CV-0436-DFH-TAB, a class-action suit filed in April by the American Civil Liberties Union of Indiana against all county prosecutors and sheriffs. Judge Hamilton heard arguments May 30.

The judge stopped short of striking down the entire statute, only declaring unconstitutional the portion that would have applied to convicted sex offenders no longer on probation, on parole, or under court supervision.

"The new law forces an unconstitutional choice upon these plaintiffs. They must choose now between committing a new crime by refusing to consent and giving up their Fourth Amendment rights to privacy and security in their homes, their 'papers,' and their effects," he wrote. "The unprecedented new law, however well-intentioned it may be, violates the Fourth Amendment rights of the plaintiff class, who have completed their sentences and are no longer on probation, parole, or any other kind of court supervision."

Judge Hamilton poked holes in the state's legal arguments, noting that there are no limits on the scopes of allowable searches under this law and citing City of Indianapolis v. Edmond, 531 U.S. 32, 42 (2000), which involved random vehicle checkpoints designed to catch drug users and traffickers. The U.S. Supreme Court held that was unconstitutional and Judge Hamilton used that case to note that "a general interest in crime control" doesn't justify this consent law for sex offenders because it also doesn't justify abandoning the Fourth Amendment's requirement of individualized suspicion.

He also pointed out that the parties have not cited and he wasn't able to find any American law that "attempts to authorize such a broad intrusion on personal privacy and security, without a warrant, probable cause, or even reasonable suspicion, for persons" not under the court's control.

The judge didn't rule on whether this law can be considered constitutional to other convicted sex offenders outside this plaintiff class, noting that is left "for another day."

The Indiana Attorney General's office is reviewing whether it will appeal to the 7th Circuit Court of Appeals, according to spokeswoman Staci Schneider.
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  1. @ President Snow, like they really read these comments or have the GUTS to show what is the right thing to do. They are just worrying about planning the next retirement party, the others JUST DO NOT CARE about what is right. Its the Good Ol'Boys - they do not care about the rights of the mother or child, they just care about their next vote, which, from what I gather, the mother left the state of Indiana because of the domestic violence that was going on through out the marriage, the father had three restraining orders on him from three different women, but yet, the COA judges sent a strong message, go ahead men put your women in place, do what you have to do, you have our backs... I just wish the REAL truth could be told about this situation... Please pray for this child and mother that God will some how make things right and send a miracle from above.

  2. I hear you.... Us Christians are the minority. The LGBTs groups have more rights than the Christians..... How come when we express our faith openly in public we are prosecuted? This justice system do not want to seem "bias" but yet forgets who have voted them into office.

  3. Perhaps the lady chief justice, or lady appellate court chief judge, or one of the many female federal court judges in Ind could lead this discussion of gender disparity? THINK WITH ME .... any real examples of race or gender bias reported on this ezine? But think about ADA cases ... hmmmm ... could it be that the ISC actually needs to tighten its ADA function instead? Let's ask me or Attorney Straw. And how about religion? Remember it, it used to be right up there with race, and actually more protected than gender. Used to be. Patrick J Buchanan observes: " After World War II, our judicial dictatorship began a purge of public manifestations of the “Christian nation” Harry Truman said we were. In 2009, Barack Obama retorted, “We do not consider ourselves to be a Christian nation.” Secularism had been enthroned as our established religion, with only the most feeble of protests." http://www.wnd.com/2017/02/is-secession-a-solution-to-cultural-war/#q3yVdhxDVMMxiCmy.99 I could link to any of my supreme court filings here, but have done that more than enough. My case is an exclamation mark on what PJB writes. BUT not in ISC, where the progressives obsess on race and gender .... despite a lack of predicate acts in the past decade. Interested in reading more on this subject? Search for "Florida" on this ezine.

  4. Great questions to six jurists. The legislature should open a probe to investigate possible government corruption. Cj rush has shown courage as has justice Steven David. Who stands with them?

  5. The is an unsigned editorial masquerading as a news story. Almost everyone quoted was biased in favor of letting all illegal immigrants remain in the U.S. (Ignoring that Obama deported 3.5 million in 8 years). For some reason Obama enforcing part of the immigration laws was O.K. but Trump enforcing additional parts is terrible. I have listed to press conferences and explanations of the Homeland Security memos and I gather from them that less than 1 million will be targeted for deportation, the "dreamers" will be left alone and illegals arriving in the last two years -- especially those arriving very recently -- will be subject to deportation but after the criminals. This will not substantially affect the GDP negatively, especially as it will take place over a number of years. I personally think this is a rational approach to the illegal immigration problem. It may cause Congress to finally pass new immigration laws rationalizing the whole immigration situation.

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