Fredenburg

Fredenburg v. City of Fremont

Good Law
119 Cal. App. 4th 408·14 Cal. Rptr. 3d 437·2004 Cal. App. LEXIS 894·2004 Daily Journal DAR 6979·2004 Cal. Daily Op. Serv. 5166
Court of Appeal of CaliforniaJune 11, 2004A103685California5,203 words

Opinion

Opinion

Marchiano, J.

To implement California’s Megan’s Law, the police department of the City of Fremont (the City) maintains a Web site with “pin maps” of neighborhoods showing the location—but not the name and address—of sex offenders living in the community. Plaintiff, a sex offender, sued the City and several police officials, claiming they violated his right to privacy because the pin map of his neighborhood disclosed his street address in violation of Megan’s Law. The trial court granted a defense summary judgment. We affirm because the pin map did not disclose plaintiff’s address but only his general location—in which he has no constitutionally protected right to privacy. We also affirm because the pin maps do not violate Megan’s Law.

I. BACKGROUND

A. The Origin of Megan’s Laws

In 1994, a seven-year-old New Jersey girl named Megan Kanka was abducted, raped and murdered by a neighbor. Megan’s family had not known the neighbor had previously been convicted of sex offenses involving young girls. (Smith v. Doe (2003) 538 U.S. 84, 89-90 [ 155 L.Ed.2d 164 , 123 S.Ct. 1140 ] (Smith); A.A. ex rel. M.M. v. New Jersey (3rd Cir. 2003) 341 F.3d 206 , 208 (A.A.).) “The crime gave impetus to laws…

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