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U.S. District Court

SEX OFFENDERS

A.A. v. New Jersey, 176 F. Supp.2d. 274 (D.N.J. 2001). Convicted sex offenders challenged the constitutionality of a New Jersey constitutional provision and the Internet Registry Internet Registry - (IR) The Internet Assigned Numbers Authority has the discretionary authority to delegate portions of its responsibility and, with respect to network address and Autonomous System identifiers, has lodged this responsibility with the IR.  Act amendment to the state's "Megan's Law Megan's Laws are named for Megan Kanka, a seven-year-old girl from New Jersey who was sexually assaulted and murdered in 1994 by a neighbor who, unknown to the victim's family, had been previously convicted for Sex Offenses against children. " statute, that authorized a system for making sex offender registration This article requires authentication or verification by an expert.
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 information publicly available on the Internet. The offenders moved for preliminary injunctive relief injunctive relief n. a court-ordered act or prohibition against an act or condition which has been requested, and sometimes granted, in a petition to the court for an injunction.  and the court granted the motion in part. The court found that the Internet disclosure statute was not punitive in its effects or intent and that the compilation and dissemination of publicly-available information on offenders did not violate their privacy rights. The court noted that the legislature expressly disavowed any intent to inflict additional punishment on offenders and stated that the statute was intended solely for the protection of the public. The legislature prescribed penalties to deter the misuse of information. But the court found that offenders' home addresses were not adequately safeguarded by the Inte rnet disclosure system and the court issued a preliminary injunction A temporary order made by a court at the request of one party that prevents the other party from pursuing a particular course of conduct until the conclusion of a trial on the merits.

A preliminary injunction is regarded as extraordinary relief.
 limiting disclosure to offenders' county of residence. (New Jersey)

U.S. District Court

SEX OFFENDERS

Doe #1 v. Williams, 167 F. Supp.2d 45 (D.D.C. 2001). Individuals who were required to register as sex offenders under the District of Columbia's Sex Offender and Registration Act (SORA) challenged the constitutionality of the act. The district court granted summary judgment in favor of the plaintiffs, finding that the public notification provisions of the act violated procedural due process and that the act did not apply to offenders sentenced under the District of Columbia District of Columbia, federal district (2000 pop. 572,059, a 5.7% decrease in population since the 1990 census), 69 sq mi (179 sq km), on the east bank of the Potomac River, coextensive with the city of Washington, D.C. (the capital of the United States).  Youth Rehabilitation Act. SORA was enacted to satisfy the requirements of a federal law that made enactment of sex offender and notification statutes necessary to maintain eligibility to receive federal funding. (District of Columbia)

U.S. District Court

PAROLE

U.S. v. Replogle, 176 F.Supp.2d 960 (D.Neb. 2001). In a prosecution for drug possession, the defendant moved to suppress evidence found in his house. The district court denied the motion, finding that while the defendant had a legitimate expectation of privacy in his house and the search was not voluntary, the warrantless search was valid because it was conducted pursuant to valid probation order. The court noted that the defendant's probation officer probation officer
n.
1. An official usually attached to a juvenile court and charged with the care of juvenile delinquents.

2. An official charged with supervising convicts at large on suspended sentence or probation.
 was authorized to conduct warrantless searches and the probation order stated that the probationer A convict who is released from prison provided he maintains good behavior. One who is on Probation whereby she is given some freedom to reenter society subject to the condition that for a specified period the individual conduct herself in a manner approved by a special officer  "shall consent" to such searches. The probation officer knew that the defendant had violated a condition of his probation and a judge had advised the officer that she could visit the probationer and conduct a search. (U.S. District Court, Nebraska)
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Publication:Corrections Caselaw Quarterly
Article Type:Brief Article
Geographic Code:1USA
Date:Feb 1, 2002
Words:435
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