4th DCA overturns conviction for failure to register
In a decision handed down by Florida’s 4th District Court of Appeal, the Fourteen (14) YEAR sentence of a person required to register for a Failure to Register charge was overturned after the state could not prove he failed to register within 48 hours of “establishing a residence”
The appellant was released from prison in February of 2015. A couple months later he was picked up in Broward and charged with failure to report within 48 hours of establishing a permanent, temporary or transient residence in Broward and also for failing to update his drivers license. He challenged the charges, stating that the State could not prove their case – that he “established a residence” in Broward and failed to report it. Nonetheless he was convicted and sentenced to a very harsh 14.8 years in prison. He appealed.
The FDLE’s only witness was an employee who received a tip that he had not registered and a supermarket surveillance video that showed him, on some date, in Broward.
The appellate court held that wasn’t sufficient. The State did not prove that he established a residence (permanent, temporary, or transient) in Broward (ie: same place 3 or more days in the aggregate during the calendar year) such that he violated the law. The state didn’t meet it’s burden. The law doesn’t say you have to register in a county within 48 hours – it says you need to register within 48 hours of establishing a permanent, temporary or transient residence.
Kudos to the appellant for challenging his case and not taking a quick plea. Congrats to Carey Haughwout, Palm Beach County Public Defender, for taking on the appeal!!! The opinion appears below:
Demus v State – 48 hours to register
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I just happened to have stumbled across this article and thought hmmmm, why wasn’t anyone brought up on charges? Also it seems Europe, is far more sane than the USA in matters like this it would appear.
We, the RSO’s in Florida, need to watch closely for a similar case that we can bring forward in another district. It hurts to say that it would come at somebody’s misfortune but getting another favorable ruling would help solidify our stance statewide or maybe get it certified to take to the Florida Supreme Court.
Yes, congratulations indeed! A small victory in the war is always welcomed. It seems Mz. Haughwout is a true crusader for justice:
https://casetext.com/analysis/who-gets-better-results-for-clients-the-fighter-or-the-friend
A note of caution though. Obtaining supermarket surveillance video shows you how far LEOs will go to put registered citizens back in prison. I believe this “employee who received a tip” was actually a cop. I have noticed many times that I’m being followed when I drive by undercover LEOs, and even passed off to another one if I drive out of their “zone.”
Also, I’m just trying to wrap my head around what this means for travel? This decision would seem to invalidate the so-called “three-day” rule. What is FAC’s take on this?
So it seems if we arent in the same place for three days ever…. theres no need to register? Why was i forced to register when i came to fl (5 days back then) and i was purchasing some investment homes? I had the flight tickets and all to prove it. They IMMEDIATELY dropped the failure to register charges ( the dist atty filed a no information and ended the trouble ) but someone in corrections put me on the list the very moment i was taken in. It wasnt a court order or the fdle: the person at the county jail input me and told me i had to go to the vcso and register again… 15 hours later. New york couldnt figure out what that was all about. Since i got stuck on that list figured wed stay here. I have never been on a public registry all my sanctions ended 15 years ago. And now this for the rest of my life.
It seems if you aren’t in one place more than 3 days in FL. you’re not in violation. In Nevada the requirement is 48 hours….but such requirements are applied jurisdiction by jurisdiction as told to me by law enforcement. So if in Nevada you are in a city for less than 48 hours (or 3 days in FL. City) the city or county police agency will not violate you! The rule is applied agency by agency.
Robert, you are incorrect. 3 or more days.
Nevada is statewide – there’s a STATE statute, but you are correct about 48 hours IN the city.
would what just happened in this case, be similar to my case in 2013?
Thought I had this all down, but I’m confused again now. Hypothetical: I go to Florida city “x”. I stay at address “y” for two days, then stay at address “z” for two days. Have I established a residence or not? It seems that a residence should be defined at the level of a specific address.
You have not.
Then i was right and they knew that when they dropped the failure to register. But then why did the correction captain put me on the registry? They literally made me miss my flt back to nyc.
If the prosecuters filed a no information and dropped the case why would that person have done that to me ? She was a corrections captain not a sheriff nor was she ordered to as i had not even gone to court. I NEVER had to go as they dropped even before the hearing.
Holy Moly Common Sense coming from Florida.
Does anyone know if there have been any challenges and/or subsequent wins against the 3 day rule? By that I mean the constitutionality of the law itself.
Our Ex Post Facto Plus challenge – challenges it.
Congrats on the appellate victory. Not to find any fault here but if this occurred after his release, did it really take FOUR YEARS for the appellate court to come to this ruling? That seems awfully slow for an appeal to be heard and ruled on.
There was a trial, then an appeal, then a decision. The wheels of justice turn slowly.