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Sunday, April 13, 2008

Ind. Courts - More on: "Sex Offender Files Suit Against Every Sheriff, Prosecutor In Ind."

Updating this ILB entry from April 8th, Harold J. Adams of the Louisville Courier Journal reports today:

The American Civil Liberties Union of Indiana has filed suit to block a new law aimed at tracking the activities of convicted sex offenders on the Internet.
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Kenneth Falk, executive director of ACLU Indiana, said that the law passed last month by the Indiana General Assembly and scheduled to take effect July 1, "is blatantly unconstitutional."

State Rep. Scott Reske, D-Pendleton, one of the original sponsors of the measure, said he believes the law is justified.

The suit was filed April 8 in U.S. District Court in Indianapolis on behalf of two registered sex offenders in Marion and Scott counties and all other current and future registrants who are not on probation or parole.

It asks for an injunction to block enforcement of the new law and ultimately that the measure be struck down as a violation of the protection against unreasonable search and seizure contained in the Fourth Amendment to the U.S. Constitution.

The new law requires that sex offenders, who already must provide details about where they live and work to local authorities along with recent photographs, must also supply any e-mail addresses and online user names that they use or intend to use.

But it is two other related new requirements that have drawn the ACLU's fire. Registered sex offenders would be required:

To sign consent forms authorizing the search of any personal computers or other devices with Internet access at any time.

To allow authorities to install hardware or software on those devices to monitor Internet usage and be required to pay the costs of meeting the requirement.

Anyone who doesn't comply with the law could be charged with a Class D felony.

Falk said: "The state might very well say that it would be nice to be able to go into people's homes and look for drugs to protect children or…to look for other things to protect other groups. But that doesn't give you the right to waive the Fourth Amendment."

"This law says at 2 in the morning, someone can come by and say, 'We're coming into your house now.' In that situation, the Supreme Court has always required there be probable cause and a warrant," he added. * * *

The suit names all 92 Indiana county prosecutors, 91 sheriffs and the mayor of Indianapolis as defendants because they would be responsible for carrying out the new law's provisions. * * *

U.S. District Court Judge David Hamilton scheduled a conference with Falk and attorneys representing the state respondents for tomorrow to outline future proceedings, Falk said.

This ILB entry from April 3rd includes links to the 11-page complaint, as well as to SEA 258.

Posted by Marcia Oddi on April 13, 2008 09:08 AM
Posted to Ind Fed D.Ct. Decisions | Indiana Courts