MI: State Supreme Court finds Michigan Registration Act Violates Ex Post Facto
I know what you’re thinking… This is GREAT news, but wasn’t the retroactive application of Michigan’s sex offender law already declared unconstitutional. Well yes… you’re thinking of the incredible Does v. Snyder case in the 6th Circuit FEDERAL appellate court (the state tried to take it to the US Supreme Court but they declined to hear it). This decision comes from the STATE supreme court, which held:
“…the 2011 SORA, when applied to registrants whose criminal acts predated the enactment of the 2011 SORA amendments, violates the constitutional prohibition on ex post facto laws.”
In this case, someone whose offense date was decades prior to the enactment of certain amendments in 2011, could not be convicted of violating those amended requirements.
The order is immensely helpful because it begins with an analysis of the evolution of Michigan’s Registry. Like Florida (even not as bad as Florida), Michigan’s registry requirements are exponentially more onerous than they were when the statute was enacted.
Most states use 2003’s Smith v. Doe as justification for piling as many additional requirements to the registry as they want, and call it “non-punitive”. But they are missing a very important point that some courts are beginning to get. The SCOTUS held the 2003 VERSION of Alaska’s registry was non-punitive. That DOES NOT mean that the 2021 VERSION of Florida’s registry is not punitive. That’s an important distinction!
While the Michigan Supreme Court is only binding on Michigan, it’s certainly useful persuasive precedent.
You can read the decision here: https://courts.michigan.gov/Courts/MichiganSupremeCourt/Clerks/Recent%20Opinions/20-21%20Term%20Opinions/148981.pdf
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Again, can I move to Michigan now?
Just this morning in Florida, my family was harassed by a Broward County detective and two other deputies wanting to know my whereabouts after midnight last night. Obviously, my day was crushed. Thank God that my wife was home to defend me as she is tired of the BS too. The detective had the balls to tell my wife we should move if we didn’t like the way the BSO handles the task of monitoring of RSOs. She also half admitted that something involving a RSO may or may not have gone down in our city. Apparently, someone (rso or not, i don’t know) was caught on camera in a neighborhood several miles from our home and tried to “sexually batter” a 7 year old and tried to break into several homes. My registry has nothing to do with a minor, but this detective thought she should waste time with me and my family. Heck, I was never even convicted of an offense against and adult, yet I am still forced to register. I am so angry that I can’t see straight! Link to news story if it is allowed.
https://wsvn.com/news/local/broward/bso-man-seen-prowling-cooper-city-neighborhood-tried-to-sexually-batter-7-year-old/
Thanks for letting me share.
Gene
If you are not on probation, other than your normal compliance checks, you are not obligated to come to the door. Many on here state they do not answer even for those. Even Though I partially agree, my Officer is cool and only comes 1 and sometimes 2 times a year then I do not see him again. He never harasses me and always gets to the point, tells me to make sure to not miss my registration and is on his way. (You have to do what you feel is best for you and your family) I use to be a cop so I can tell a fake cop a mile away.
I get more crap from the neighbors than I do the police. And no do not blame the police for that since it was the law makers who created registry rules. But in your case, law enforcement is taking things into their own hands. Florida has a bunch of sheriff’s who, I am glad are tough on crime, BUT why go after people who are NO longer committing a crime and may not have done so in over 30 years like myself and others.
Now take what I said as a grain of salt. If you do not answer the door, they are likely to step it up a notch (Quoting a chef). Ultimately you and your family has to do what is right for them. That is why I am grateful for groups like FAC and Narsol for bringing us all together to stand up to the bullies.