The State of North Carolina like Michigan has what’s called a satellite-based monitoring as part of their arm of punishment for repeat sex offenders and other specific offenders. This is essentially a GPS tether that someone must wear every day for the rest of their lives, even if they have completed probation or parole and are not otherwise being supervised by the state. As such, the government has essentially “tagged” someone and will always have their whereabouts available to law enforcement. This tagging becomes automatic in North Carolina once it’s shown that the violator is a repeat offender.
How did we even get here?
This issue was made possible when the United States Supreme Court ruled that satellite-based monitoring systems like the one in North Carolina constituted a search within the meaning of the Fourth Amendment. The court described the system as attaching an ankle monitor to a person’s body, without consent, for the purpose of tracking that individual’s movements. The court remanded the case and directed the lower court to determine whether the State of North Carolina’s satellite-based monitoring system was reasonable when viewed as a search subject to the protections of the Fourth Amendment.