Expert: Loren Stevens - 11/28/2007

Question
Dear sir,
I'm not sure to who directly this question should be posed: a lawyer or a police officer, but I watched America's Most Wanted with the captured of a repeat escapee named Charles McNear, or something like that, and I just wondered, with today's technology, why not just stick a microchip in esacape risks to be tracked by satellite? Why hasn't anyone considered that? I've seen trucks, cell phones and family pets tracked by satellite, why not high flight risks? Is it that unethical to track human beings who have refused to live within society?

Answer
Hello William,
Well sir, I'm not an attorney (which delights me) but I'll take a stab at your inquiry.
You might want to pose this question to the ACLU, and get a dose of what they'll spew out.
However, off the top of my head, I think your suggestion would experience some 8th and 14th Amendment challenges re: "cruel and unusual punishment", and I think you'll discover that "due process" in the 5th Amendment would also get some attention.
You'll notice, that via Supreme Court decision Robinson v. California in 1962 makes these issues applicable to the states, along with the Federal government.
You might want to review the Supremacy Clause as well.
The 14th Amendment also speaks of "equal protection" which may have an impact, in that all inmates would not be considered. And, a "flight risk" is kind of an artificial and abstract formula, that may not stand up to challenge.
There have been some recent suggestions, that the micro chip has some health risks among animals. Apparently, the body perceives an intruder etc.
In any event, it would clearly be considered as an invasive practice.
The logical conclusion, would be to place an escape risk inmate in a more secure custodial facility.
I can tell you with a measure of certainty, that escapes from a super-max, or even a maximum facility is a rarity.
The other issue would be cost effectiveness.
In government, cost and yield are two primary issues to be addressed.
The only way I can see this as a potential, (in today's science) is in the area of parole and probation.
Whereas, this micro chip would be a pre-condition of probation or parole, similar to a standard search clause.
In summary, I think you'd have a very spirited legal challenge with an abundance of Constitutional support.
This, would be for inmates, or those who are out on bail, an OR, and pending trial//appeal.
Hope this is useful.
Good Luck, and Regards,
loren