Park v. the State.

Summary

The court held that constitutional challenges to Park's sexually dangerous predator classification were barred because they had already been decided or should have been raised in the earlier judicial-review proceeding. It further held that mandatory, lifelong GPS monitoring of persons who have completed their criminal sentences is a search under the Fourth Amendment and is facially unreasonable because it substantially intrudes on privacy, is directed toward gathering evidence of criminal wrongdoing, and is not justified by diminished privacy expectations or special needs. The court affirmed the classification-related portions of the lower court's order and reversed the ruling upholding the electronic-monitoring requirement. Justice Blackwell, joined by three judges, concurred to emphasize that the decision does not foreclose GPS monitoring imposed prospectively as part of a life sentence or as a condition of probation.