State v. Martin
223 N.C. App. 507
| N.C. Ct. App. | 2012Background
- Defendant was ordered on Jan 19, 2012 to enroll in SBM for life.
- Defendant appeals arguing SBM would force Fourth Amendment waiver or criminal prosecution for noncompliance, despite citizenship rights restored.
- Bowditch held SBM is civil regulatory scheme; visits by DCC do not constitute searches under the Fourth Amendment.
- Court reviews constitutional questions de novo; defendant concedes Bowditch reasoning on Fourth Amendment protections for felons.
- Court considers whether Bowditch language is dictum and affirms reliance on its persuasive reasoning to uphold SBM enrollment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether SBM enrollment violates Fourth Amendment rights | Bowditch language supports civil, not punitive, SBM effects | SBM infringes Fourth Amendment rights by warrantless home entries | SBM enrollment affirmed |
| Whether Bowditch language is dicta and controlling | Bowditch dicta invalid for ruling | Bowditch language is persuasive and non-dicta | Courts may apply Bowditch reasoning as persuasive |
| Whether the standard of review is de novo for constitutional challenges to SBM | De novo review applies to constitutional questions | Same standard applies; de novo review governs | De novo review applied |
| Whether SBM's intrusions are punitive or civil in effect | SBM threatens permanent Fourth Amendment loss and punishment | SBM is civil regulatory; not punishment | SBM deemed civil regulatory; not unconstitutional punishment |
| Whether Bowditch is controlling for this defendant given citizenship/restoration status | Bowditch supports FMARA-like penalties for felons | Defendant's citizenship rights restored; stricter scrutiny warranted | Bowditch reasoning applied; SBM upheld |
Key Cases Cited
- State v. Bowditch, 364 N.C. 335 (2010) (SBM civil regulatory analysis; not Ex Post Facto violation)
- State v. Bare, 197 N.C. App. 461 (2009) (de novo review for constitutional questions in SBM context)
- Ellis-Walker Builders, Inc. v. Don Reynolds Properties, LLC, 205 N.C. App. 306 (2010) (persuasive dicta applied in SBM reasoning)
- State v. Breathette, 202 N.C. App. 697 (2010) (dicta language discussed in context of SBMs)