SC High Court: Lifetime Sex Offender GPS Tracking Unconstitutional


The South Carolina Supreme Court has declared lifetime GPS monitoring of sex offenders unconstitutional, says the Sentencing Law and Policy blog. In a split opinion, a majority of the court concurred with one justice who concluded that the “challenged mandatory lifetime, non reviewable satellite monitoring provision [of the law] is arbitrary.”

The court ruled in an appeal by Jennifer Dykes, who contended that lifetime GPS monitoring violated five constitutional rights. An opinion that got only two of five votes by justices said the monitoring violated her “substantive due process rights.” Blogger Douglas Berman of the Ohio State University law school said the ruling might “have ripple effects in at least a few other jurisdictions.”

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