NO. SJC-10824 PURSUANT TO GLC 211, 5 3 FROM ... - Mass Cases
NO. SJC-10824 PURSUANT TO GLC 211, 5 3 FROM ... - Mass Cases
NO. SJC-10824 PURSUANT TO GLC 211, 5 3 FROM ... - Mass Cases
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There are only - two known cases cited in<br />
<strong>Mass</strong>achusetts which challenged the application<br />
of G.L.c. 265, 5 47, where a lower court judge<br />
required that an untried defendant wear a GPS<br />
monitoring device as a condition of pretrial<br />
release, and in BOTH cases this Court granted<br />
relief. See Commonwealth v. Raposo, 453 <strong>Mass</strong>.<br />
739 (2009) and Emelio E. v. Commonwealth, 453<br />
<strong>Mass</strong>. 1024 (2009).<br />
, In Raposo, supra, this Court elected to<br />
not address the five reported questions pertain-<br />
ing to various constitutional issues associated<br />
with the application of G.L.c. 265, 5 47 to<br />
persons placed on probation for certain sex<br />
offenses and required to wear a GPS monitoring<br />
device. In Raposo, supra at 742, this Court<br />
left open and undecided five reported questions,<br />
and ruled that "[b]ecause we conclude that 5 47<br />
does not apply to a person, such as the defendant<br />
in this case, who is placed oh probation before<br />
trial or entry of guilty plea or admission to<br />
sufficient facts, and not as part of a sentence<br />
or disposition following conviction, we need not<br />
reach the reported constitutional questions.<br />
Raposo, supra at 733.<br />
26<br />
1,