Commonwealth v. Carlos Muniz Rodriguez

Summary

The court held that adding exclusion zones was contemplated by the original probation sentence and therefore did not itself violate double jeopardy, but that exclusion zones covering entire cities impermissibly increased the sentence. It also held that GPS monitoring was reasonable under the circumstances because the Commonwealth demonstrated interests in protecting the victim, enforcing effective exclusion zones, and deterring or investigating future offenses that outweighed the defendant's privacy interests. The court affirmed denial of the motion to vacate GPS monitoring, vacated the amended probation order, and remanded for narrower exclusion zones while directing the probation department to remove GPS monitors from similarly situated defendants who have not received individualized reasonableness hearings.