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Full-Text Articles in Criminal Law
The Probationer, The Free Man, And The Fourth Amendment: Constitutional Protections For Those Who Have Served Their Sentences And Those Who Have Not, Rachel Ness-Maddox
The Probationer, The Free Man, And The Fourth Amendment: Constitutional Protections For Those Who Have Served Their Sentences And Those Who Have Not, Rachel Ness-Maddox
Mercer Law Review
In Park v. State, the Georgia Supreme Court evaluated whether persons convicted of sexual offenses and subsequently classified as "sexually dangerous predator[s]" may be required to wear Global Positioning System (GPS) tracking devices after serving their full sentences, including fulfilling probation or parole requirements. The court held that, under the Fourth Amendment of the United States Constitution, such a requirement is invalid because it infringes on the right free people have against unreasonable searches and seizures executed by the state—no matter the crimes for which they were convicted or their status as registered sex offenders. However, the court made …