State v. Tucker, ___ N.C. App. ___, 832 S.E.2d 258 (Aug. 6, 2019)

Over a dissent in this SBM case, the court relied on State v. Griffin, ___ N.C. App. ___, 818 S.E.2d 336 (2018) to vacate the trial court’s imposition of lifetime satellite-based monitoring of the defendant.  Under Griffin, “trial courts cannot impose satellite-based monitoring unless the State presents actual evidence—such as ‘empirical or statistical reports’—establishing that lifetime satellite-based monitoring prevents recidivism.”  Here, the State did not produce the sort of evidence required by Griffin.  The court noted that Griffin and several related cases were pending in the North Carolina Supreme Court.  A dissenting judge criticized Griffin and would have held that imposition of lifetime SBM in this case was reasonable under the circumstances and thus was reasonable under the Fourth Amendment.