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Criminal Practice – Satellite-Based Monitoring – Constitutional – Due Process – Notice – Right to Travel

Criminal Practice – Satellite-Based Monitoring – Constitutional – Due Process – Notice – Right to Travel

State v. Manning (Lawyers Weekly No. 12-07-0602, 6 pp.) (Rick Elmore, J.) Appealed from Pitt County Superior Court (W. Russell Duke Jr., J.) N.C. App. Full-text opinion.

Holding: Where the letter sent to defendant by the Department of Correction informed defendant of both the hearing date and the specific category of G.S. § 14-208.40(a) under which he fell, the letter adequately protected defendant’s due process rights.

We affirm the order placing defendant on lifetime satellite-based monitoring.

Even though the government may only interfere with the exercise of the right to travel if it can show that such interference is necessary to promote a compelling government interest, we are unable to find any evidence in the record to show that defendant’s right to travel was actually violated.

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