Indiana Federal Court Strikes Down Law Allowing Random Computer Searches of Sex Offenders

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From "the fourth amendment is (if not necessarily well) still alive dept.

The Indianapolis Star reports

A federal court in Indianapolis ruled Tuesday that a major portion of the revised Indiana sex offender law cannot be enforced.

The ruling came one week before the new law would have gone into effect.

The modified law would have required that convicted sex offenders, after they served their sentences and probation and parole time, agree to have their personal computers searched at any time and to allow their Internet access to be monitored.

Tuesday, U.S. District Court in Indianapolis ruled that requirement of the new law went too far.

"These plaintiffs have rights under the Fourth Amendment," District Judge David F. Hamilton wrote in his ruling. "The state may not force them to waive those rights under threat of criminal prosecution for failing to do so."

The American Civil Liberties Union of Indiana filed the lawsuit as a class action on behalf of convicted sex offenders a few days after this year's session of the General Assembly expanded the requirements of the sex offender registration law.


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This page contains a single entry by Phil Leggiere published on June 25, 2008 9:34 PM.

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