NC: Process for adding out of state convictions to state registry is unconstitutional
In an opinion entered earlier this month. A North Carolina District Court Judge found the state’s process for adding people to their sex offender registry who had been convicted out of state, was unconstitutional.
In this case, the plaintiff’s case was out of Washington State. He moved to North Carolina, where he was originally told he did not have to register, but after moving within North Carolina, was told he did. The decision to place someone on the registry is not made by a judge. It’s made by a deputy in the Sheriff’s office.
Plaintiff sued, arguing among other things, his placement on the registry violated his right to due process of law. The Court agreed!
A copy of the court’s decision can be found here: Meredith v. Stein Opinion on Summary Judgment
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Thinking in our own situation. FDLE chooses our tier level, chooses which charges are qualified, investigates us, and charges us again again. DOC had this problem in florida and lost immunity during suit was sued pretty good dealing with probation officers having too much encompassing power Id have to find the cases key word was “immunity DOC”. Think it was where they made up additional rules not ordered by the judge.
Gee, if only a group would try this out of state registry issue in Florida. Well, I guess we will never know.
Kinda important that people donate to the out of state fund as you can see it can get the ball rolling which is more than it’s doing right now!
I have been donating to it,as others have too. The problem is there is not enough of us I contacted other advocated only to be told. They will bring it up in their meeting. I do followup email nothing………………..
Ok, he’s off the hook with NC authorities, but isn’t he still in danger of being arrested by a Federal Marshall under the Adam Walsh Act? This is why we aren’t all moving to North Carolina right now, right? I’ve always been confused on this for some reason. These state victories are great, and just because a state isn’t in compliance with SORNA does’t mean the law can’t be used against individual offenders right? And yet if a state won’t or told not to register you…. Is it that “first” registration, the one you do when you first arrive in a state that matters? So as long as you do that you are breaking Adam Walsh? That’s it isn’t it?
yeah duh… i got it. If a state tells a person they don’t have to register or a court tells a state not to register someone he’s good. So like keep a copy of that order handy just in case someone comes a knockin…. This is my situation in New Mexico, actually. I keep the judge’s order in my glove compartment at all times. But of course i remain on the list in Florida. got it.
This is good news. This is what I’ve been looking for, as I am in a similar situation I feel. After being removed from the registry in Kansas and moving to Missouri was required to register with no due process or way to object with some police officer at the police station making the determination and even taking the liberty to add to the Kansas report because what I was accused of in Kansas wasn’t a sex offender offence in Missouri according to the information they received. I am willing to take this to court in Missouri with this information which I printed out. I want to do it right. Any suggestions.
In your opinion do I have a case.
If this is true my family and I are gone by the summer.