Tagged: Satellite Monitoring

SC Supreme Court Enforces Fourth Amendment

In State v. Adams, the South Carolina Supreme Court recognized limits on law enforcement’s ability to track a citizen’s vehicle with a GPS device, set a trap, and search the vehicle for drugs.  In doing so, the Court enforced United States v. Jones, a 2012 Supreme Court of the United States decision holding that “the […]

Read More

Supreme Court Watch: 2013 Year in Review

2013 was a major year in criminal law for the South Carolina Supreme Court. Interviews in Child Sexual Abuse Cases – In January 2013, our Supreme Court decided State v. Kromah, hopefully putting to rest prosecution attempts to improperly bolster child witnesses in criminal sexual conduct cases.  Kromah is the most recent of numerous cases […]

Read More

Update: Satellite Monitoring of Sex Offenders Requires Judicial Review — Amended Opinion Issued in State v Dykes

A prior blog post, “Satellite Monitoring of Sex Offenders Requires Judicial Review,” discussed the South Carolina Supreme Court’s opinion in State v. Dykes.  On July 24, 2013, our Supreme Court denied rehearing in Dykes and issued a revised opinion adding a new footnote.  This new footnote rejects constitutional claims not addressed in the substance of […]

Read More

South Carolina’s Sex Offender Registry has turned into Punishment

According to the Supreme Court of the United States, the authority of the state to require sex offender registration flows from a conviction. Connecticut Dep’t of Pub. Safety v. Doe, 538 U.S. 84 (2003) (“the law’s requirements turn on an offender’s conviction alone”); Smith v. Doe, supra, (registration requirement and dissemination of information flows from conviction). […]

Read More

Satellite Monitoring of Sex Offenders Requires Judicial Review

Section 23-3-540 of the South Carolina Code of Laws requires mandatory, lifetime satellite monitoring of people convicted of first-degree criminal sexual conduct with a minor or committing a lewd act on a minor.  On May 22, 2013, in State v. Dykes, the South Carolina Supreme Court held “that the statute’s initial mandatory imposition of satellite […]

Read More