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
Aim v. Commonwealth, 414 Mass. 667, 677 (1992) (noting that "right to freedom from physical restraint has been held to be 'core' right in substantive duo process analysis"). Incontestably, Aldrich has a fundamental constitutional right to his personal liberty and I, freedom from physical restraints" that was imposed upon him by the government through the use of military grade GPS technology (Title 10, C. 136, 5 2281). Commonwealth v. Goodwin, 458 Mass. 11 (2010)(A GPS device burdens a defendant's liberty); quoting Commonwealth V. Cory, 454 Mass. 559, 572 (2009). The long ago Orwcllian fictionalization of an anti utopian futuristic totalitarian state invasion, monitoring, and continuous tracking of its citizens' movements and activities (George Orwell, Novel: 1984, (1949)), has now become a reality in sophisticated GPS technology, the all seeing eye in the sky. Town of Blackstone v. Town of Millville, 59 Mass. App. Ct. 565, 570, n. 2 (2003) (bewitchment QE the GPS gizmo). See other juris- dictional decisions in People V. Weaver, 909 N.E. 1195 (N.Y, 2009); and State v. Jackson, 76 P. 3d. 217 (Wash. 2003)(en banc). 9/ 9/ In People v. Weaver, supra at 1199, the court 40
Here, in the non fiction, Aldrich not only had to endure the constant onslaught of ridicule,. humiliation, and -6stracirsm.' due to the "bewitch- ment of the GPS gizmo," Town of Blackstone, supra I1 at 570, a. 2, and being mislabe.led a sex offender" II and sexual predator", but Aldrich's .personal liberty was substantially violated by the GPS statutory prohibitions which forced self imposed restaint's upon Aldrich to refrain from going to places where children frequently congregated, e.g. parks, playgrounds, amusement parks, schools, community centers, etc.,. and to disassociate himself from various religious, political, community ''and other social activities. G.L.c. 265, 8 47. Aldrich's fear of direct or indirect confron- tation with the public even through the most innocuous situations, e.g. an unintended touch, a wink, a hug, a 'kiss, closeness, a helping hand, .etc., could easily be misconstrued as sexual deviant behaivor warranting a, concerned citizen's ruled that "prolonged GPS monitoring yields ... a highly detailed profile, not simply of where we go, but by easy inference, our'associations - political, religious, amicable and amormous, to name only a few - and the pattern of our orofessional and avocatinnnl . - - - - - . - - pursuits". In State v.'Jackson, supra at 224, the court discussed GPS technology in vehicles and stated: II In this age, vehicles are used t o take people to a vast number of places that can record all of these travels, and thus can provide a detailed picture of one's life".
- Page 1 and 2: COMMONWEALTH OF MASSACHUSETTS (1 of
- Page 3 and 4: Case Laws Commonwealth v. Adkinson
- Page 5 and 6: Case Laws Guiney v. Police Comm'r o
- Page 7 and 8: Massachusetts Constitution Article
- Page 9 and 10: I S S U E S P R E S E N T E D 1. WH
- Page 11 and 12: STATEMENT OF PRIOR PROCEEDINGS On F
- Page 13 and 14: On September 8, 2009, while on bail
- Page 15 and 16: STATEMENT aF FACTS On January 6, 20
- Page 17 and 18: of bail whereas the defendant was a
- Page 19 and 20: On September 8, and 18, 2009, the P
- Page 21 and 22: that he was - not a convicted sex o
- Page 23 and 24: else he would be setting himself up
- Page 25 and 26: which, remarkably, contained a list
- Page 27 and 28: who threatened the defendant with a
- Page 29 and 30: As a result of three months of cons
- Page 31 and 32: phone call to the defendant from a
- Page 33 and 34: A R G U M E N T S 1. WHERE A COURT
- Page 35 and 36: A R G U M E N T S 2. WHERE PRETRIAL
- Page 37 and 38: In Emelio E, V. Commonwealth, 453 M
- Page 39 and 40: admitted to facts u€ficient for s
- Page 41 and 42: constitutional danger, because it f
- Page 43 and 44: defense); McKaskle v. Wigpins, 465
- Page 45 and 46: Art. 14 Declaration of Rights, Mass
- Page 47 and 48: Here, where Aldrich was released on
- Page 49: R, Governmental GPS monitoring trac
- Page 53 and 54: 3. WUERE DEFENDANT WAS ALLOWED TO P
- Page 55 and 56: of trial (R.A. "49-50"), in violati
- Page 57 and 58: Thus, where the lower court incorre
- Page 59 and 60: "52-62"), and out of fear and intim
Aim v. Commonwealth, 414 <strong>Mass</strong>. 667, 677 (1992)<br />
(noting that "right to freedom from physical<br />
restraint has been held to be 'core' right in<br />
substantive duo process analysis").<br />
Incontestably, Aldrich has a fundamental<br />
constitutional right to his personal liberty and<br />
I,<br />
freedom from physical restraints" that was imposed<br />
upon him by the government through the use of<br />
military grade GPS technology (Title 10, C. 136,<br />
5 2281). Commonwealth v. Goodwin, 458 <strong>Mass</strong>. 11<br />
(2010)(A GPS device burdens a defendant's liberty);<br />
quoting Commonwealth V. Cory, 454 <strong>Mass</strong>. 559, 572<br />
(2009).<br />
The long ago Orwcllian fictionalization of<br />
an anti utopian futuristic totalitarian state<br />
invasion, monitoring, and continuous tracking of<br />
its citizens' movements and activities (George<br />
Orwell, Novel: 1984, (1949)), has now become<br />
a reality in sophisticated GPS technology, the all<br />
seeing eye in the sky. Town of Blackstone v. Town<br />
of Millville, 59 <strong>Mass</strong>. App. Ct. 565, 570, n. 2 (2003)<br />
(bewitchment QE the GPS gizmo). See other juris-<br />
dictional decisions in People V. Weaver, 909 N.E.<br />
1195 (N.Y, 2009); and State v. Jackson, 76 P. 3d.<br />
217 (Wash. 2003)(en banc). 9/<br />
9/ In People v. Weaver, supra at 1199, the court<br />
40
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