STATE v. DRAVIS (2020)

Court of Appeals of North Carolina.

STATE of North Carolina v. Fred George DRAVIS, Defendant.

No. COA18-76-2

Decided: February 04, 2020

Attorney General Joshua H. Stein, by Special Deputy Attorney General L. Michael Dodd, for the State. Appellate Defender Glenn Gerding, by Assistant Appellate Defender James R. Grant, for the Defendant.

We reconsider our prior opinion in light of State v. Grady, ––– N.C. ––––, 831 S.E.2d 542 (2019). Our prior opinion can be found at State v. Dravis, ––– N.C. App. ––––, 817 S.E.2d 796 (Table) (2018).

After careful consideration of Grady, we conclude that the findings of the trial court are not sufficient to support a conclusion that the imposition of lifetime satellite-based monitoring (SBM) constitutes a reasonable warrantless search under the Fourth Amendment, as we concluded in our prior opinion. The State did not provide sufficient evidence to show how the efficacy of SBM in furthered a legitimate interest of the State; e.g. to help solve sex offense crimes. Therefore, our decision remains unchanged. The order of the trial court imposing lifetime SBM on Defendant is reversed.

REVERSED.

DILLON, Judge.

Judges INMAN and MURPHY concur.

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