NO. SJC-10824 PURSUANT TO GLC 211, 5 3 FROM ... - Mass Cases

is to protect personal privacy and dignity against
unwarranted intrusion by the state); California v*
Hodari, 499 U.S. 621 (199lj(.Seizure of pers6n); and
Virginia v. Moore , 553 "U. S. - (2008)(T€i-'-.F&rth . '
Amendment protects against unreasonable seizures
of a person). Also see Commonwealth V. Blood, 200
Mass. 1, 68 (1987)(Art 14 expectation of privacy);
and Guiney v. Police Comm'r of Boston, 421 Mass.
328 (1991)(Art. 14 expectation of privacy of one's
body in urine or blood samples).
Therefore, where Aldrich was - not a convicted
sex offender, pursuant to G.L.c. 265, 5 47, the
actions of the government in attaching a GPS device
to ALdrich's body, "through means intentionally
I, II
applied, Brower, supra at 597, constituted a
It
seizure, Connolly, supra at 823, and where the
government continuously tracked, monitored and
recorded and stored the date on Aldrich's movements
and activities, Raposo, supra at 739, constituted
If
an unreasonable search,'' Connolly, supra at 818-
816, in violation of Aldrich's fundamental consti-
tutional rights under the Fourth Amendment to the
United States Constitution and Art. 14 of the
Massachusetts Declaration of Rights. See Commonwealth
V. Goodwin, 458 Mass. 11, 22 (2010)(FPS tracking is
I,
far greater intrusion on the defendant's liberty").
38