Reply To: NC Supreme Court will hear GPS monitoring case

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Dustin

In NC v. Griffin, No. COA17-386, decided August 7, 2018, the NC Court of Appeals directly quoted the 4th Circuit (Doe v. Cooper, 842 F.2d 833, 846 (4th Cir. 2016), addressing premises restrictions) when addressing this very issue:

“The State tries to overcome its lack of data, social science
or scientific research, legislative findings, or other
empirical evidence with a renewed appeal to anecdotal case
law, as well as to “logic and common sense.” But neither
anecdote, common sense, nor logic, in a vacuum, is
sufficient to carry the State’s burden of proof.”

I seriously doubt the NCAG can get around this reasoning for necessity of the law requiring lifetime satellite monitoring in general. I would think he would try to concentrate on Grady’s case and circumstances here to paint all registrants with the same brush. Unfortunately, I would think the NCSC would buy into that approach. Pretty sure they did in Packingham.