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EFF to Massachusetts’ Highest Court: Pretrial Electronic Monitoring Should Not Eviscerate Privacy Rights | When someone is placed on location monitoring for one purpose, it does not justify law enforcement’s access to that information for a completely different purpose without a proper warrant.


When someone is placed on location monitoring for one purpose, it does not justify law enforcement’s access to that information for a completely different purpose without a proper warrant. EFF joined the Committee for Public Counsel Services, ACLU, ACLU of Massachusetts, and the Massachusetts...

In this case, the defendant Anthony Govan was subjected to pretrial electronic monitoring as a condition of release prior to trial. Just because someone is on electronic monitoring, it doesn’t mean they have no expectation of privacy, whether they are going to a political protest, a prayer group, an abortion clinic, a gun show, or their private home. As argued in the amicus brief, absent a proper warrant, the information gathered by the electronic monitoring program should only be used to make sure Mr. Govan was complying with his pretrial release conditions.

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