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D.Neb.: Sex offender monitoring of use of internet where offender off parole or probation violates Fourth Amendment

By John Wesley Hall, Jr.

Part of a sex offender statute effective January 1, 2010 that provides for warrantless monitoring of internet usage of offenders who have done their time and are off parole likely violates ex Post Facto Clause and Fourth Amendment, so preliminary injunction granted as to that. The state conceded the Fourth Amendment violation. Doe v. State of Nebraska, 2009 U.S. Dist. LEXIS 121104 (D. Neb. December 30, 2009): Thus, for offenders who must register, but who have served their sentences and are no longer on probation, parole, or court-ordered supervision at the time these new laws become effective, they face onerous new restrictions on their daily lives. They are burdened with the obligation to consent to the search of any computer they possess; they are required to allow the installation of software and hardware monitoring equipment on computers they possess; and many of them are prohibited, upon pain of an additional prison sentence, from using social networking websites, instant messaging services, or chat room service...continue to full post

Full post as published by Fourth Amendment on January 01, 2010 (boomark / email).