The Mobile County Sheriff's Office is implementing an electronic monitoring program for criminal defendants on bond, drawing criticism from a private monitoring company. Pegasus Monitoring Services argues that monitoring individuals without a warrant violates their Fourth Amendment rights. The Sheriff's Office maintains the program is legal and necessary to ensure public safety.
The Mobile County Sheriff’s Office is facing opposition from a private electronic monitoring company as it prepares to take control of the program. Greg Wood, operations director for Pegasus Monitoring Services, argues that monitoring a defendant's movements without a warrant constitutes an illegal search. He emphasizes that law enforcement cannot collect and retain data on individuals without a valid search warrant.
Wood states, “Law enforcement cannot collect and maintain data on somebody without a search warrant. And that’s what was able to get us started in the very beginning. With Pegasus being a private company, we only follow what the court order is. The information’s never disseminated to law enforcement.” Mobile County Sheriff Paul Burch, however, expresses confidence in the program's legal standing. He believes it will withstand any potential challenges. This initiative, while supported by judges and law enforcement officials, has encountered setbacks due to concerns raised by prosecutors regarding the practices of private companies previously handling electronic monitoring.Incidents involving companies like Accupoint and another unnamed firm, including a murder defendant barring Accupoint from her courtroom, led to their closure. Their cases have been transferred to Pegasus, but the company will lose its entire Mobile County business when the Sheriff’s Office assumes control. Burch has allocated resources to establish the unit, hiring and redeploying deputies, and ordering monitoring equipment with a planned launch date of February 1. He acknowledges a potential delay due to the Mobile County Commission's unresolved operations agreement with the city of Mobile. The commission approved $1.6 million for the program last year, anticipating reimbursement from the city for half the cost. Jason Johnson, a spokesman for Mayor Sandy Stimpson, assures continued support for the program and ongoing efforts to finalize the details. Wood highlights that Pegasus, operating for five years across multiple counties, considers Mobile County its largest client. He notes that 162 individuals under court-ordered electronic monitoring pay $276 per month, slightly lower than the Sheriff’s Office's planned rate.
ELECTRONIC MONITORING LAW ENFORCEMENT FOURTH AMENDMENT LEGAL CHALLENGES MOBILE COUNTY SHERIFF's OFFICE PEGASUS MONITORING SERVICES
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