State v. BlueÂ
246 N.C. App. 259
| N.C. Ct. App. | 2016Background
- Malcolm Blue pleaded guilty to second-degree rape in 2006 and completed his prison sentence.
- In April 2015 a Harnett County Superior Court held a Determination Hearing to decide lifetime registration as a sex offender and mandatory lifetime satellite-based monitoring (SBM).
- Defense asked the court to stay the SBM determination pending controlling legal developments after Grady v. North Carolina, arguing SBM is an unreasonable Fourth Amendment search and requesting an evidentiary hearing; the State offered no evidence.
- The trial court acknowledged SBM is a Fourth Amendment search but summarily concluded SBM was reasonable based on the conviction and court file, ordered lifetime SBM and registration, and noted defense objections.
- Defendant appealed; the Court of Appeals granted certiorari to review whether the trial court properly analyzed SBM’s reasonableness under Grady.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial court should have stayed SBM proceedings after Grady | State: no stay required; proceed under existing NC law | Blue: trial court should stay pending higher-court guidance after Grady | Court: denial of stay not reversible error; Rule 62(d) stay inapplicable here |
| Whether the trial court properly determined SBM is a reasonable Fourth Amendment search | State (conceded on appeal if required): SBM constitutionally reasonable; burden unclear | Blue: State must prove reasonableness by evidence; court’s conclusion was conclusory and lacked factual findings | Court: trial court erred—did not analyze totality of circumstances; remand required for a new hearing where the State must prove SBM’s reasonableness |
Key Cases Cited
- State v. Bowditch, 364 N.C. 335 (2010) (upheld SBM against ex post facto challenge)
- State v. Wade, 198 N.C. App. 257 (2009) (warrantless searches are presumed unreasonable)
- State v. Jones, 231 N.C. App. 123 (2013) (distinguished criminal GPS cases; addressed civil SBM proceedings)
- United States v. Jones, 565 U.S. 400 (2012) (installation/use of GPS on vehicle is a Fourth Amendment search)
- Grady v. North Carolina, 575 U.S. 306 (2015) (held North Carolina SBM is a Fourth Amendment search; reasonableness to be decided under totality of circumstances)
- Samson v. California, 547 U.S. 843 (2006) (reasonableness test balances privacy intrusion against government interests)
- Vernonia Sch. Dist. 47J v. Acton, 515 U.S. 646 (1995) (Fourth Amendment reasonableness assessed by balancing intrusion and governmental need)