Nonprofit Contractor’s Home Visits to Verify Sex Offender Addresses Are Valid, 2nd Circuit Rules

The U.S. Court of Appeals for the Second Circuit ruled Wednesday that Suffolk County’s decision to contract with a nonprofit to verify the home addresses of registered sex offenders did not violate Fourth Amendment protections against unreasonable searches and seizures.

A unanimous panel of the appeals court upheld the district court’s ruling, which rejected claims from a convicted Level 1 sex offender, who argued that multiple visits from the group Parents for Megan’s Law were unconstitutional.

Judge Christopher F. Droney, however, said the arrangement was constitutional under the “special need doctrine,” a narrow exception to seizure rules, which generally require a court warrant or an objective basis for suspecting legal wrongdoing. Writing for the court, Droney said the check-ins advanced the government’s interest in reducing sex offender recidivism by improving the accuracy of the New York’s registries.

“We conclude that the district court correctly determined that the verification visits, which served a special need, were reasonable, even if they constituted seizures,” Droney wrote in a 29-page opinion.

Jones v. Suffolk and Parents for Megan’s Law 9-4-19


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54 thoughts on “Nonprofit Contractor’s Home Visits to Verify Sex Offender Addresses Are Valid, 2nd Circuit Rules

  • September 12, 2019

    Recently a census person knocked on my door and I spoke with her for a while just picking her brain. She was complaining that no one would come to the door to verify their household make up. I asked her if she knew you are not required to answer any census persons questions and she agreed. I said have a nice day and closed the door. I was not rude but was not giving any info to the Government that is not required by law. They have been on my street three times in 10 days, each time a different person. What a waste of tax payers dollars.
    And I am not steering off course here, I am comparing those so called contractors from Megan’s law to census workers.

    Reply
  • September 12, 2019

    After reading all the comments I figure I must be very fortunate. The sheriff’s representative who checks on me every quarter is a very nice individual. He and I can have good conversation and if he is not in a hurry he can come in at my invite and have a cup of coffee. It is easy for us to become so callous that we think all law enforcement officers are ‘bad guys’. They are not. We had a supervisor at a local probation office who lead his crew by intimidation. That was his leadership style. When he found out it didn’t work with me I believe I was able to gain the respect of a few of the officers in the office. The best way to put ‘intimidators’ in their place is to ignore them as much as possible. It is a blow to their ego and that is what they thrive on. Follow the rules and they can not with any authority come against you.

    Reply
  • September 9, 2019

    “The state calls its own violence law, but that of the individual, crime.”

    -Max Stirner

    Reply
  • September 9, 2019

    Folks, it is way past time to wage war on all scumbags that support Registries. Fight in the War on Registry Terrorists.

    Never allow law enforcement or anyone else to come onto your property to “verify” anything. Never allow them to speak to you. Give them the information in writing that you are forced to give them, at the point of a gun, and do and allow no more. Don’t participate in their wasteful games. They are thieves of public resources.

    All Registered Families should have walls around their properties. Make it a goal.

    Reply
  • September 6, 2019

    Unbelievable. This ignorant judge and court are STILL citing the long disproved mantra, “Sex offenders have an unusually high rate of recidivism. See Smith v. Doe, 538 U.S. 84, 103 (2003) (“The risk of recidivism posed by sex offenders is ‘frightening and high.’” (quoting McKune v. Lile, 536 U.S. 24, 34 (2002)).”

    When you boil down all the legal mumbo-jumbo, their decision is based solely on that fallacy, thus “advanced the government’s interest in reducing sex offender recidivism.”

    Reply
    • September 7, 2019

      What they are using as a basis for re-offending is 100% true. We are offending by them arresting us every time we forget to tell them we went one inch into the next county without registering. ANY arrest while on registry even for a mistake in registering goes on your record as Re-offending even if that is not true. They use this so when we get to the 20 or 25 year mark we cannot appeal to get off the registry because if you have a single arrest for even farting in the wind, you cannot go in for relief.
      When I was in Germany there are words above the gate of The Dachau Concentration camp that read Arbeit macht frei. It means roughly work will set you free but this was all a lie as well. ( That they would be set free )

      Reply
    • September 9, 2019

      Yes, “frightening and high” amongst the high officials with seemingly unlimited resources and the also the Hollywood elite, as is proven almost daily. They’re in panic mode lately and in constant damage control. They’ve created their own pit with these “laws”. Of course, they projected this half-truth onto the common citizens who can barely make ends meet and defend themselves. But that tide has turned. It’s slow, but a bit faster moving than before.

      Reply
  • September 6, 2019

    Unconstitutional to.be forced to Ansewer the Door for Anybody

    Reply
    • September 7, 2019

      Technically if youre not on probation there is no lawful entry or probable cause: thats why they mail out the address and update letters in new york. Think same in florida: the requirements are to respond to that letter within three weeks. We dont sign anything on the 22 initials on the registration that says they can. Probation is different as there are a whole set of rules. Thats my experience

      Reply
      • September 8, 2019

        I’ve been on the registry over 10 years and have never gotten a letter in the mail that required a response. I have received just one email in that time. Of course I have been visited twice a year, every year though. Occasionally, the detective would call to make sure I was home, but that hasn’t happened in about five years.

        Reply
        • September 9, 2019

          I get a few visits a year from local pd. Never got the letter. Never on probation or jail or anything. Happened out of state dederal. The visits are pretty odd as one cop will be ok then the other will be pretty nasty and threatening. Saying to my wife i need to be home when i wasnt. Dont think they are in sync with what they need to do.

          Reply
      • September 9, 2019

        Same for me. I’ve been registered since April 1999 and have never received an address verification letter from FDLE. I get visited about once a year by a Miami-Dade County Police detective, who has never asked to enter my home and typically just does a quick drive-by to make sure I’m living there.

        Reply
      • September 9, 2019

        Nope, in Florida, we have regular quarterly visits by the sheriff/police department to verify residence and contact information. I would love to only have an annual letter to sign rather than deal with the in-person visits every 3 months.

        Reply
        • September 11, 2019

          I get an an annual letter in AZ. I report in only if I moved or go to school, If I have email,screen name or internet Identify I send that by email to sheriff office. I pay only $10.00 to dmv for once a year or when I move ($10.00 per move) The only thing on my driver lD is on the back ” You must report a change of address within 10 days.” Hmm oh yeah, I am not listed as a predator but listed as offender I have level 2 and have no restrictions as to where I can or can’t live However I won’t push it and thumb my nose at them and try to live near schools that be asking for trouble There is a school bus stop maybe 500 ft from my front door I see parents out there with kids.
          Besides that AZ isn’t so bad I live in phoenix the bad side now is 115 degree heat and high cost of electrical bill I pay about $125.00 in summer and about $78-80 dollars off season.But there is life time requirement of registry. No 10 yr or 20 yr clean period.However I am out of state conviction of Florida I kept my nose clean I have almost 10 yrs clean. I fall in the Ex factor case So whatever the outcome I support that .Besides that WHL AZ isn’t like Fla. with its crazy laws.One last thought there is hardly any humidity here once you step out side is like an oven here. Spit on the ground and that is gone within 30 seconds

          Reply
          • September 11, 2019

            This to me also seems illegal. If you are not on probation, you should have to abide by the rules of that state for registry, not the one you came from. It is like one state says you cannot pump gas on Sunday but you move to Texas and they say “Oh wait, you are from Georgia, you are not allowed to get any gas” . I cannot think of ANY other thing on the law books where you move to another state and you bring the rules with you ( Other than maybe probation ) . I guess maybe they do that so all offenders do not move to one state bogging them down with registered citizens because it is easier there? I tried to do that myself and learned the hard way that the grass is not always greener on the other side of the fence.

            Reply
        • September 11, 2019

          I’d be interested to understand if you are supposedly legally required to do anything regarding those quarterly visits. How does the law actually read that you think requires you do something?

          Reply

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