Is your local Sheriff making up their own rules for sex offenders?
Here’s a scenario that happens frequently. We get a call or an email from a member that begins, “I just got back from registering and they told me I need to…”
What follows, too often, is a description of some “requirement” that’s either a complete misinterpretation of the law or simply made up.
Wanting to make sure the member simply didn’t misunderstand and to properly document the event so that we can address it, we tell the member to ask them to put it in writing or cite to the section of law where that requirement can be found.
The answer is almost always “we don’t put anything in writing” or “talk to your attorney”, but occasionally we’re surprised that they will, or more shockingly, that the erroneous information is posted on a sign right in the registration office!
Case in point: Duval County. The Duval County (Jacksonville) Sheriff’s Office posted a sign with their requirements for registering Internet Identifiers. Their requirements are that ALL require registration.
You can find FAC’s letter to them, as well as a picture of their sign here.
If your county registration office or someone in law enforcement is requiring you to do something you are not required to do or preventing you from doing something you believe you are entitled, by law, to do, please let us know.
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FAC, great letter! On a similar vein, modern law enforcement operates on hybrid budgets composed of zero-based and performance based systems. This translates to what can be called “stat(istics) based policing.” Put simply, a sheriff or police chief increases enforcement of certain areas of laws (i.e. drug enforcement or monitoring of sex offender’s) in order to increase their annual budget from a county or municipal taxpayer dollars. So, it’s not that they don’t care as much as it is a deliberate indifference to court rulings that can adversly affect their budgets.
For those who might want to know more about what I recently posted, follow the link below. Although my post comes from other sources, USA Today did a fair reporting of the problem.
https://www.usatoday.com/story/opinion/policing/spotlight/2017/02/09/compstat-computer-police-policing-the-usa-community/97568874/
Issue ive been having and its consistant as i travel to the northeast frequently: i keep getting told i do not need an update to the address as im back on the third day. I ask if they could at least update the law enforcement viewable notes screen they say no need. I ask for their name and they write it on their card and i attach to the paper i gave them with the dates and address written. There have been times even when it was 5 days ive literally had to plead to get the updated paper. They are familiar with me as i always go to update even if i know they say i do t need to. And when i call that ill be a day or so late and advise: i come back to let them knownim back and same thing: no need to. I have enough to worry about: this is anxiety as i know im trying to cover myself and yet no consistancy on policy that can cause me to get in trouble.
As I have stated before; Cops dont know the law, nor do they care to. They are there to twist your words so they get you to admit something you never said/did.
Then they say “tell it to the judge”.
I am in Broward (Coward) County and my “3 month cop” told me that anyone, no matter who/what that I communicate with (ATT, FPL, DirectTV, and yes …. even FAC HAS to be listed as “internet chat”).
I know that FAC is a informative news outlet, the cop didnt care. So FAC is listed as an “Internet Identifier”.
And I had to put it on the FDLE website.
When I asked about You Tube and responding to comments — they said dont worry about it.
This is the same cop who said “dont put to much weight into” Packingham, Gundy, Ex Post Facto as they wont amount to much.
I asked him WHY…. Would it be that if these things PASS you would be basically out of a job………??
He “mysteriously” got a call and had to go.
The police know — and they are running scared.
I don’t know if they are “running scared”. They just don’t know and they treat registrants like criminal defendants, so they don’t really care and don’t care enough to look into it.
These statutes are too confusing and vague for trained lawyers to understand.
Here in western NC (Haywood County), when officers come to verify residence they have been telling registrants (that are not on probation or parole) that they are required to come inside the home to verify the registrant actually lives there. They say they need to see evidence like clothes hanging in a closet, or pictures on a wall, etc.
@ Glen:
That’s flat out false. If it were me, I’d tell them if they don’t consider me opening my door at a random check knock, then to get a warrant for whatever proof they want. They can only come in if you let them and they know it. No warrant, you’re not coming in. Insinuate all you want. Have a nice day.
Record the whole exchange on your phone or something and get names and badge numbers. Make a formal complaint, especially if they threaten anything for refusing entry.
Above all, don’t be afraid to stand up for yourself. Odds are, they just want to search for something they can twist into a violation.
You have heard the quote…
“Show me the money”???!!!
Tell the cops “show me the law that says you have the right to come into my house to see clothing”
OR… BETTER YET…..
“Show me the warrant to come in and search”
Great catch but couldn’t they simply cross Amazon and eBay off their sign?
A neighboring county, at least, told us not to worry about commerce sites.
no – what about Craigslist? That’s for commercial transactions. People buying and selling stuff.
YouTube? to people use YouTube for direct person-to-person communication? Is Jacksonville saying that someone can post a video of themselves saying, “hey John, this is Steve… I have a message for you…”?
Their sign says ALL with “ALL” in caps, red and underlined.
There are 25000 + or – registrants in Florida. Only 2000 are FAC members. There are a lot of people out there that don’t know better that will either list ALL or avoid using sites for fear of criminal prosecution.
That’s what our lawsuit was intended to fix.
FDLE should be circulating a notice to all registrants with the updated requirements per the recent Internet Identifier decision.
Making up rules as they go is common, and certainly not limited to Florida. Every county in every state does it different.
My general rule of thumb is when a PO or cop begins a sentence with “the law says” or anything to that effect to ask specifically for the law they’re talking about. Have Justia bookmarked on my phone for that very purpose. When they say they don’t know (they always do), ask them to find it. When they say they don’t have time, point out that they would have to look it up in order to arrest me for it, since they would have to point to the very statute they’re accusing you of violating. Have a scanned copy of my latest probation terms for the same reason.
I’m sure I’ll get a rep at the PO for being difficult and undoubtedly bring on some harassment, but I’m beyond caring. Someone has to stand up to this stupidity.
Great letter. Interested if they respond.