Facts A. Procedural Due Process 1. Application of Mathews Balancing Test Application of the Mathews balancing test requires finding the Adam Walsh Act’s requirement of electronic monitoring unconstitutional as applied to this defendant in present circumstances. a) Private Interest and Risk of Erroneous Deprivation There is a valid liberty interest in freedom of movement that is arbitrarily and substantially reduced by the Adam Walsh Act. The right to travel from one place to another free of hindrances is a well established aspect of constitutionally protected private freedom. See Kolender v. Lawson, 461 U.S. 352, 358, 103 S.Ct. 1855, 75 L.Ed.2d 903 (1983); Williams v. Fears, 179 U.S. 270, 274, 21 S.Ct. 128, 45 L.Ed. 186 (1900); Ramos v. Town of Vernon, 353 F.3d 171, 172 (2d Cir.2003) (<HOLDING>); Spencer v. Casavilla, 903 F.2d 171, 174 (2d
recognizing that the accuseds right to be represented by counsel is a fundamental component of our criminal justice system recognizing repayment of damages to society as remedial holding a town councils curfew for juveniles unconstitutional noting that the right to free move ment is a vital component of life in an open society holding that the fourth amendment right implicated in a malicious prosecution action is the right to be free of unreasonable seizure of the person holding unconstitutional a sentence of life imprisonment for passing a bad check by a convicted felon