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
Law Reviews And Commentaries Megan A. Janick Note: Better Seen Than Hered: Residency Restrictions and Global Positioning System Tracking Laws for Sex Offenders, 16 B.U. Int. J.L. 258 (2007). Reepal S. DalaL Note: Chipping Away at the Consti- tution: The Increasing Use of RFID Chips Could Lead to Erosion of Privacy Rights, 86 B.U.L. Rev. 485 (2006). R.J. Parker Case Comment: Commonwealth v. Morasse n. 1: Home Confinement: Stretching the Limits On Restricting a Probationer's Liberty (2008). Richard G. VJright Symposium: Parole and Probation: Sex Offender Post-Incarceration Sanctions: Are They Any Limits? (2008), New tngland Journal On Criminal and Civil Confinement. Susan J. Walsh and Ivan J. Dominguez Privacy and Technology : Law1 Enforce- ment's Secrets Uses of GPS Devices, Champion 26 (May 2009). Note: Who Are the People in your peighbor- hood? Due Process, Public Protection, And Sex Offender Notification Laws, 74 N.Y.U.L. Rev, 1451, 1467-1469 (1990)(describing acts of violence against registered sex offenders). George Orwell Novel: 1984 (1949) vi Pages 43 43 36 36 43 42 40
I S S U E S P R E S E N T E D 1. WHERE A COURT ORDERED THE PROBATION DEFT. TO ATTACH A "GP5 DEVICE" ON A PRETRIAL DEFENDANT, WHO WAS NOT A CONVfCTED SEX OFFENDER, THE COURT EXCEEDED ITS AUTHORITY AND VIOLATD THE SEPARA- 'TION OF POWERS BY GOING BEYOND THE LEGISLATIXVE INTENT AND AVTHORITY OF G.E.C. 265, 5 47, IN VIOLATION OF ART. 30 OF THE MASSACHUSETTS DE- CL-ATION OF RIGHTS 2. WHERE PRETRIAL DEFENDANT WAS NOT A CONVICTED SEX OFFENDER, TFIE COURT ERRED I N ORDERING THE DEFENDANT, PURSUANT TO G.L.C. 265, 5 47, TO WEAR A GPS BRACELET AS A CONDITION OF HIS BAIL AND PRETRIAL PROBATION, WHICH INFIRNGED UPON TRE DEFENDANT'IS LIBERTY RIGBTS UNDER THE 4TR. 5TH, 13TH, AND 14TB AMENDMENTS TO THE UNITED STATES CONSTITUTION AND ART. 12 AND 14 OF THE MASSACHUSETTS DECLARATION OF RIGHTS A. Can the GPS monitoring requirement of 5 47 be imposed upon a pretrial defendant who is not a convicted sex offender? B. Does G.L.c. 265, 5 47 impose a substantial burden on liberty through the use of the GPS monitorinq and tracking system? C. Governmental GPS monitoring, tracking, and surveillance of Aldrich's movements and acti- vities, pursuant to G.L.c. 265, 5 47. violated Aldrich's fundamental constitutional rights under the Fourth Amendment and Art. 14 from unreasonable "searches" and "seizures". D. Governmental GPS monitoring, tracking, and surveillance of Aldrich's movements and acti- vities, pursuant to G.L.c. 265, 5 47, violated Aidrich's fundamental constitutional rights under the 5th and 14th Amendments and Art. 12 to his personal "freedom" and "liberty". vi i
- 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: Massachusetts Constitution Article
- 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 and 50: R, Governmental GPS monitoring trac
- Page 51 and 52: Here, in the non fiction, Aldrich n
- 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
Law Reviews And Commentaries<br />
Megan A. Janick<br />
Note: Better Seen Than Hered:<br />
Residency Restrictions and Global<br />
Positioning System Tracking Laws<br />
for Sex Offenders, 16 B.U. Int.<br />
J.L. 258 (2007).<br />
Reepal S. DalaL<br />
Note: Chipping Away at the Consti-<br />
tution: The Increasing Use of RFID<br />
Chips Could Lead to Erosion of<br />
Privacy Rights, 86 B.U.L. Rev. 485<br />
(2006).<br />
R.J. Parker<br />
Case Comment: Commonwealth v.<br />
Morasse n. 1: Home Confinement:<br />
Stretching the Limits On Restricting<br />
a Probationer's Liberty (2008).<br />
Richard G. VJright<br />
Symposium: Parole and Probation:<br />
Sex Offender Post-Incarceration<br />
Sanctions: Are They Any Limits?<br />
(2008), New tngland Journal On Criminal<br />
and Civil Confinement.<br />
Susan J. Walsh and Ivan J. Dominguez<br />
Privacy and Technology : Law1 Enforce-<br />
ment's Secrets Uses of GPS Devices,<br />
Champion 26 (May 2009).<br />
Note:<br />
Who Are the People in your peighbor-<br />
hood? Due Process, Public Protection,<br />
And Sex Offender Notification Laws,<br />
74 N.Y.U.L. Rev, 1451, 1467-1469<br />
(1990)(describing acts of violence<br />
against registered sex offenders).<br />
George Orwell<br />
Novel: 1984 (1949)<br />
vi<br />
Pages<br />
43<br />
43<br />
36<br />
36<br />
43<br />
42<br />
40
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