Is your Sheriff’s Office requiring an itinerary for DOMESTIC travel?
A member has reported that when advising his local Sheriff’s Office of DOMESTIC travel, he was asked to report his flight information and specific itinerary.
For INTERNATIONAL travel that information is required by statute, but to our knowledge not for domestic travel, nor has it every been requested in the past.
If you have been asked to supply information such as flight or hotel details for domestic travel, please let us know in the comments below.
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The Fifth Amendment provides us all with a privilege against self-incrimination. A violation of that privilege occurs when “the accused is compelled to make a testimonial communication that is incriminating.” Fisher v. United States, 425 U.S. 391, 408 (1976). So, there are only 3 things we need to show in order to have standing for a law suit: 1) compulsion; 2) testimonial act or communication; and 3) incrimination.
All of us are under some form of compulsion via court order, sentence, etc., to provide information to law enforcement. Incrimination is caused by the testimonial act or communication that we must provide or face criminal sanctions for failing to provide it. “The privilege afforded not only extends to answers that would in themselves support a conviction under a federal criminal statute but likewise embraces those which would furnish a link in the chain of evidence needed to prosecute the claimant for a federal crime.” Hoffman v. United States, 341 U.S. 479, 486 (1951). This is enough to make a Fifth Amendment claim. The Self-Incrimination Clause is accorded liberal construction in favor of the right it was intended to secure. Counselman v. Hitchcock, 142 U. S. 547, 562 (1892); Arndstein v. McCarthy, 254 U. S. 71, 72-73 (1920). Notably, the Fifth Amendment applies to the State of Florida via the Fourteenth Amendment. Malloy v. Hogan, 378 US 1, 6 (1964). So, Florida’s constitution also provides protection against self-incrimination. See Fl. Const. Article 1, Section 9. Put simply, we have enough to file complaints to the U.S. Dept. of Justice for investigation into violations of our civil rights or liberties, and file suit in federal court requesting declaratory or injunctive relief.
Just to clarify, it was my understanding of statute that you only needed to report out of state travel if you intend to stay in one place for 3 or more days?
“(7) A sexual offender who intends to establish a permanent, temporary, or transient residence in another state or jurisdiction other than the State of Florida shall report in person to the sheriff of the county of current residence within 48 hours before the date he or she intends to leave this state to establish residence in another state or jurisdiction“
If you are traveling domestically without establishing a permanent, temporary, or transient residence, do NOT give them ANY information except as required by parole or probation.
THAT IS THE LAW.
Otherwise, what’re they gonna do, arrest you? On what charge?
Funny you should say that. According to the FDLE you need to report to your local sheriff’s office (the county of your listed permanent address) anytime you go out of the state. However, traveling anywhere within the state? No report necessary.
I inquired as to the difference between the two if I had no plans to stay in any one place for more than 2 days. The response was, “If you go out if the state for any reason you need to report it to your local sheriff’s office. ”
So… an answer that wasn’t an answer.
I don’t recall being on probation… Sigh.
So to answer your question FAC, yes. We are being asked for iteneraries for domestic travel as directed by the FDLE. It would appear that some counties are asking for every detail.
SC, I have to agree with Anonymous above. If it isn’t found in the statutes then it doesn’t count. They can’t just make stuff up out of thin air and expect us to line up like sheep to the slaughter.
The question I have is, if arrested under the false pretenses under discussion, do we then forfeit any chance of release from the registry?
I’m not a Florida resident and have to say I am flabbergasted. I knew the state has draconian registration laws, but this blog regarding domestic travel made my jaw drop. I understand (but disagree) with states requiring an SO to register upon arrival. However, I had never heard of itinerary reporting requirements for interstate travel when departing a state. This is so strange to me that I’m still in disbelief and don’t even know how to respond.
If I am not establishing a temporary or permanent residence as defined by statute, I tell them nothing. Fortunately, they have never suggested otherwise. And yet all this feedback has me so rattled that I am posting this anonymously.
Yes in Pasco County, including even the county of each motel I’ve stayed in no matter in or out of Florida.