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

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".
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