Vermont v. CornellAnnotate this Case
Convicted sex offender, defendant Owen Cornell, appealed the imposition of six probation conditions ordered by the sentencing court. He argued four of the conditions, that he reside or work where his probation officer approves, attend counseling programs ordered by his probation officer, refrain from violent and threatening behavior, and avoid areas where children congregate, had already been deemed unlawful by the Vermont Supreme Court and should have been struck down. He further argued that the remaining two conditions, giving his probation officer warrantless search and seizure privileges and banning home computer and internet usage, imposed unduly restrictive and invasive terms that infringe upon defendant’s liberty, privacy, and autonomy rights. After review, the Supreme Court agreed with defendant as to the residence and employment, counseling, search and seizure, and home computer and internet use conditions, and remanded to the sentencing court for further justification, amendment, or elimination. The Court affirmed the imposition of the conditions prohibiting violent or threatening behavior and restricting access to areas where children congregate.