State v. Dravis, 817 S.E.2d 796

Defendant masturbated in a crowded IMAX theater, exposed himself, and touched a woman; he pled guilty to felony indecent exposure and was sentenced and required to register as a sex offender.
The State sought to enroll Defendant in North Carolina's satellite-based monitoring (SBM) program; a hearing was held and the trial court ordered five years of SBM.
At the SBM hearing the State presented testimony about how the monitor tracks movement and a STATIC-99 risk assessment indicating elevated risk; it also submitted a memorandum citing out-of-state judgments.
The State did not present empirical studies, statistics, expert evidence, or North Carolina–specific efficacy data showing SBM reduces recidivism or is necessary for this defendant.
The trial court made brief oral findings of reasonableness but did not make detailed written findings addressing SBM efficacy or necessity.
The Court of Appeals reversed, holding the State failed to meet its burden under Grady to prove that SBM is a reasonable Fourth Amendment search as applied to this defendant.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Defendant was statutorily eligible for SBM	State: Defendant’s convictions and risk justify SBM enrollment	Dravis: Offense did not involve abuse of a minor; thus not statutorily eligible	Court: Did not decide eligibility (assumed arguendo eligibility)
Whether SBM is a reasonable search under the Fourth Amendment	State: SBM is reasonable to protect public safety; presented device function, risk score, and memoranda citing other courts	Dravis: SBM is an unreasonable, warrantless search; State failed to show SBM is effective or necessary for him	Held: Reversed — State failed to present evidence of SBM efficacy in NC or that SBM was necessary for this defendant; conclusory findings insufficient
Whether remand for a new SBM hearing is appropriate	State: Should be allowed another hearing to cure evidentiary gaps	Dravis: State already had its opportunity; no remand	Held: No remand; prior precedents refused a second opportunity when State failed to carry its burden

Grady v. North Carolina, 135 S. Ct. 1368 (U.S. 2015) (held North Carolina’s SBM program is a Fourth Amendment search and courts must assess its reasonableness)
State v. Greene, 806 S.E.2d 343 (N.C. Ct. App. 2017) (reversed SBM order where State conceded its evidence was insufficient under Grady)
In re Civil Penalty, 379 S.E.2d 30 (N.C. 1989) (precedent rule: panels of Court of Appeals are bound by prior panels unless overturned by higher court)