Sex offender GPS tracking suit still alive in DE

A lawsuit in Delaware challenging whether it’s constitutional to use GPS monitoring of convicted sex offenders is still in play.

A Delaware Chancery Court judge has refused to dismiss the lawsuit.

The suit, filed by the ACLU, points to a 2007 law which required GPS tracking of high risk sex offenders who have been released.

Back in 2011, the Delaware Supreme Court ruled that GPS monitoring was non-punitive and could be applied to offenders retroactively.

ACLU says that if that monitoring is not punitive, tracking should be applied on a case-by-case basis, ridding the possibility of it being applied to offenders before the law came to be.