If you have been arrested for battery domestic violence, or battery domestic violence by strangulation, you may have been ordered to wear a GPS device upon your release from jail. It’s important for you to know that you can have the GPS removed after filing a motion with the court. It is also worth knowing that GPS devices are new to the law and that the law regarding such devices is currently being shaped.
The United States Supreme Court has recently addressed GPS devices in two cases: United States v. Jones and in Grady v. North Carolina. InJones, the Court held that the government’s use of a GPS device without a warrant was unlawful. In Grady, the Court ruled that the Fourth Amendment applied when a person is required to wear a GPS device by the Court. The Grady Court, however, did not set forth what was required for the government to satisfy the Fourth Amendment. Thus, under the United States Constitution, as interpreted by the U.S. Supreme Court, the Court may not be permitted to require you to wear a GPS device pending a resolution in your case.
Further, the Florida Legislature is considering changes to the statutes regarding no contact orders and GPS devices. Senate Bill 342 recently passed the Senate but has yet to be passed by the House of Delegates and signed by the Governor as of yet. This law is helpful to people going through these difficult circumstances who also have children. Senate Bill 1286 seeks to increase the penalties for removing a GPS device.
Ultimately, as you have read, the law is formulating with advances in technology. If you have been required to wear a GPS device your rights may be being violated. Of course, when subject to prosecution you need to make strategic decisions. An experienced attorney can certainly assist.
As I have stated in a previous blog, you have a right to an adversarial hearing. This may be required for your GPS to be removed.
Please call to schedule a complimentary consultation at 407-865-8888.