WASHINGTON (Reuters) - The U.S. Supreme Court on Monday revived a repeat North Carolina sex offender’s challenge to a program that requires him to wear a GPS monitoring bracelet for the rest of his life.
The Supreme Court sent the case back to the North Carolina Supreme Court, saying the state court had misinterpreted legal precedent.
Torrey Grady, 36, of Wilmington, North Carolina, sought high court review after the state required him to wear the bracelet.
His legal argument is that the requirement to wear the ankle bracelet is a violation of the U.S. Constitution’s Fourth Amendment, which bans unreasonable searches and seizures.
Grady was convicted in 1997 of a second-degree sexual offense when he was 17, and was convicted in 2007 on one count of taking indecent liberties with a child. No age was given for the victim in the first case, while the second was 15, according to the state sex offender registry.
He was ordered to wear the bracelet in May 2013. His lawyers say he must wear it at all times, including while it is charging, which can take up to six hours.
No consideration was taken about Grady’s risk to society, his lawyers argue.
The case is Grady v. North Carolina, U.S. Supreme Court, No. 14-593.