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

anonymous phone call to the police, resulting in
Aldrich's precautionary arrest for public safety,
presumably pursuant to G.L.c. 265, 847, even if
in error. 10/ Cory, supra at n. 18 ("To the extent
that the ankle bracelet portion of the GPS device
is potentially visible to the public, it may have
the additional punitive effect of exposing the
offender to persecution or ostracism, or at least
placing the offender in fear of such consequences");
Cf. Smith v. Doe, 538 U.S. 84, 115 (2003)(affirma-
tive restraint established by "profound humiliation
and community-wide ostracism" of sex offender
registry).
Therefore, where Aldrich was - not a convicted
sex of€ender, and he was simply awaiting trial for
property related offenses (R.A. "I"), the government's
intentionally applied act of attaching a GPS device
to Aldrich, pursuant to G.L.c. 265, § 47, placed a
substantial burden on Aldrich's liberty in violation
of his fundamental constitutional rights, for which
he is entitled to relief. Commonwealth v. Cory, 454
Mass. 559 (2009)("Due to the substantial burden on
liberty 3 47 ... was punitive in effect").
io/ Note, Who Are the People in your Neighborhood7
Due Process, Public Protection, And Sex Offender
Notification Laws, 74 N,Y,U.L. Rev. 1451, 1467-