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CA10: Utah statute requiring sex offenders to register Internet identifiers violates neither First nor Fourth Amendments nor ex post facto clause

By John Wesley Hall, Jr.

A Utah statute that required that sex offenders register their Internet identifiers with the state violates neither the First nor the Fourth Amendment. As to the Fourth Amendment, there is no high privacy interest in the identifiers that a person uses on the Internet because it is voluntarily provided to third parties. It also does not violate the ex post facto clause. Doe v. Shurtleff, 2010 U.S. App. LEXIS 21988 (10th Cir. October 26, 2010).* Four officers show up at defendant’s house and seek admittance. He lets them in, and they Mirandize him and then ask for consent. That is acquiescence to a show of authority, and the “consent” is invalid. State v. Ojeda, 2010 Fla. App. LEXIS 16275 (3d DCA October 27, 2010).* Defendant failed to file a motion to suppress, so the search of his car by search incident or impoundment was not preserved for appellate review...continue to full post

Full post as published by Fourth Amendment on October 29, 2010 (boomark / email).