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Tuesday, June 24, 2008

Ind. Decisions - Judge Hamilton holds SB 258 unconstitutional [Updated]

This April 3 ILB entry reports that the ACLU had filed a suit challenging Senate Bill 258. As reported that day by Jon Murray of the Indianapolis Star, the law, which was scheduled to go into effect July 1st, would address:

several issues related to sex offenders. One is that when a sex offender begins probation, parole or enrolls in the state's sex offender registry, they must sign a consent form agreeing to searches of computers or Internet-enabled devices at any time. Also, they must agree to install software that monitors Internet usage at their own expense.
This afternoon, as reported in a story posted late today by the Evansville Courier & Press:
U.S. District Court Judge David Hamilton in Indianapolis ruled Tuesday in favor of the plaintiffs in the class-action lawsuit that was brought April 3 by the American Civil Liberties Union of Indiana. * * *

In a 52-page ruling issued late today, federal judge Hamilton ruled that the new statute, as written, is unconstitutional.

"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," Hamilton 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."

Hamilton issued a declaratory judgment stating the consent to search requirements may not be applied to convicted sex offenders.

The Courier & Press has made a copy of the 52-page ruling available here.

[Updated 6/25/08] More coverage of the story this morning, with this story from the Indianapolis Star's Kevin O'Neal, headed "Sex offender law goes too far, court rules: Revision would have subjected computers to searches at any time," and this story from Mike Smith of the AP, headed "Judge favors ex-cons' privacy: Tosses law to search sex offenders' e-files."

Posted by Marcia Oddi on June 24, 2008 07:30 PM
Posted to Ind Fed D.Ct. Decisions