Sunday, December 10, 2023
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State Nonetheless Has Burden of Setting up ‘Reasonableness’ for GPS Tracking as Probation Time period, Top Court docket Holds

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Increasing on a 2019 determination that equipped defendants a chance to problem world positioning device tracking as a situation of probation, the Massachusetts Ideally suited Judicial Court docket equipped additional perception ultimate week on find out how to assess GPS tracking’s reasonableness, consistent with the defendant’s legal professional.

Greater than 3 years in the past, the SJC held in Commonwealth v. Feliz that GPS tracking as a situation of probation constitutes a seek below artwork. 14 of the Massachusetts Declaration of Rights and the Fourth Modification of the Charter. To ensure that GPS tracking as a situation of probation to be constitutional, the federal government will have to identify that such tracking outweighs the privateness intrusion, consistent with the SJC’s order within the provide caseCommonwealth v. Roderick.

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