South Carolina v. Ross

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David Ross pled guilty in 1979 to lewd act upon a child. Thirty-two years later, he was convicted in magistrate's court of misdemeanor failure to register as a sex offender. Ross argued the automatic imposition of lifetime electronic monitoring required by subsection 23-3-540(E) of the South Carolina Code (Supp. 2017) as a result of his failure to register was an unreasonable search under the Fourth Amendment. Addressing only this particular subsection of 23-3- 540, the South Carolina Supreme Court agreed, and reversed the circuit court's order automatically imposing electronic monitoring. The case was remanded for an individualized inquiry into whether the imposition of monitoring in Ross's circumstances was reasonable under the Fourth Amendment. View "South Carolina v. Ross" on Justia Law