IN: Appeals Court affirms conviction for failing to register vehicle “operated on a regular basis”
The Indiana Court of Appeals today affirmed the conviction of a man who was charged with failing to register a vehicle he “operates on a regular basis”. In this case, the defendant was driving an older pick up truck he borrowed. Although he never owned or registered the truck, he was observed driving it when he went in to register and on a date about a month earlier when he was stopped for a traffic violation. He also admitted to using it to move stuff.
He challenged the conviction because he felt the law was vague, in that it didn’t clarify what “operates on a regular basis” means. The Court upheld his conviction, finding that the five or so days when it was unquestionable he was using the truck should have caused a reasonable person to know it should have been registered.One of the justices, however, strongly dissented to the majority opinion, citing US Supreme Court Precedent that holds that ordinary people need to have notice as to what specific conduct operates on a regular basis includes, otherwise it encourages arbitrary and discriminatory enforcement.
You can read the full opinion below. Pay attention to the dissent.
James C Mcclernon v. State of Indiana – Opinion
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ok as a non legal guy, what does the dissent mean? does it have value as a precedent or just as an honorable mention? I saw the same line used once on a Law and Order episode.
Florida is so bold as to make you register automobiles that you don’t even have access to.
What if the owner doesn’t want it registered? Did they lose their civil rights? What if it was my company’s vehicle and I didn’t want him to register it because I didn’t want that stigma on my company (even though it’s surely not punitive, 🙄) Does that mean I’d have to die gone if I needed someone to drive my truck?
BULL-SCHNIKEY!
In that case the owner of the vehicle (if in Florida) should join our Non-Registrant Collateral Consequences Challenge as a plaintiff.
This is precisely one of the issues we are fighting.
How does one join this class action I’m enquiring for my mother who occasionally asked me to take her to the airport and babysit her vehicle when she goes out of town I am never sure how long she will be gone so I registered it just in case it’s in my driveway when I and my family get my 4 a.m. Do you still live here visit and LE notices it
and what about owners of rental property? dont want the stigma attached to there properties renters come and go but registry will keep it on there property seen that before and the owner of that property is assumed a reg citizen,
My only piece of advise is to always err on the side of caution. If you have “access” to a vehicle, register it! Plain and simple! If it is on your property, register it!
Here in VA it is if a vehicle is registered in my name…therefore all our vehicles are in my wife’s name. It does make life easier. I’m always worried they will try to change it.
I continue to preach the same message. I’m.sure it’s millions of registrats nationwide. We need to stand. We can wait for the court systems but I thinks it’s time we organize some marches, I think it’s time we tell America and law makers we aren’t standing for it anymore. I am not preaching violence, but we have to do more. Howany more people are we going to let the registry consume. I was caught up in a Craigslist sting. Never saw or spoke to minor yet I’m still stuck in this system. We can use the courts but we need to also make our voices heard nationwide and not just amongst ourselves.
I totally agree take that stand on WH lawn the big problem is RETALIATORY ACTIONS Registered citizens are to afraid of the recourse of it
as I’ve said here and on twitter and other social media MLK did it
and the beginning of breaking segregation”” that my friend is what is happening to reg. citizens, segregation
on a few social media I was shamed for even saying to take a stand or I mention to open the book of Epstein’s little book of name and shame and get to the Real sex offenders hiding behind government,,
,I was told Oh no we cant do that its not right to name and shame gov officials this coming for sex offender advocates to #abolish the registry
bitching and moaning and crying about this issue, reg citizens need to grow a backbone take that stand, Yes Im 100% sure more retaliatory actions and lot of pain and suffering from this taking a stand,
but it has to start somewhere, I an ex member of the club will be in the front row supporting all of you. and please dont think for a second being off the reg, is freedom ITS NOT, on or off the registry your scared for ever,
Registrants are scared fo take a stand – that’s true. But let’s take info account ALL of the things that get people on a SOR:
Public sex/sexual conduct (even consensual).
Teenagers sexting each other.
Teens 1 yr under legal age LYING about their age.
Malicious ex wives saying the husband touched the child.
Mentally handicapped doing things of a sexual nature that they aren’t capable of comprehending to be wrong.
The list goes on.
We need not only the registrants themselves but ALL of the people in their families and maybe employers to join in.
If thousands of us make a stand, no one is going to gather up in the same numbers to harm anyone.
And anyone who DOES harm or try to cause harm WILL BE ARRESTED for assault/attempted assault.
It boggles my mind that something like this is tying up our courts. How much taxpayer money did it cost to pursue in the first place? Would it have really killed LE to ask him about it when he went in to register? They could have clarified it with him then. This is pathetically stupid in my opinion.
Why? Why isn’t Common Sense used to deal with situations instead of running to law enforcement or government immediately you ask ? Because this country has been instilled to have a culture of “Rats”. People rat on each other as a form of culture and care for their neighbors, in the great ‘Murica.
It is my opinion that it is up to the State to clarify any statutes by wording them in such a way, that there can not be any mistaking their meanings or intent! I agree with the dissenting Justice in this case and I sincerely hope that this individual will appeal all the way to the SCOTUS if need be.