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Looks like we got tired of the southern court dragging its feet and have asked for a status report https://www.pacermonitor.com/public/case/25861536/Does,_15_v_Swearingen
Long article about shadow prisons https://www.nj.com/news/2024/05/shadow-prison.html
I found this on Justanswer.com. it’s a portion of a lawyers response to a person whom I believe is on the registry. The lawyer states “The argument here would be that probation officers are not “law enforcement officers,” which would take the case outside the purview of Muehler v. Mena. You can see the foundation for this argument in Fl. Stat., Section 948.06, where it clearly outlines the abilities of law enforcement officers and probation officers separately.” The conversation appears to be from about six years ago, and the question posed is nearly identical to Mark’s post.
Not sure if this is worthy of reporting for a thread. However, just found out that in my county (Alachua), a new policy is being implemented that we will be put in handcuffs during the periodic searches of our residences. Not sure if that applies to all, or only to those on probation or CRD. According to one probation officer, one of us (a registrant) messed up royally and has caused this to happen for everyone. Not sure what is meant by this, but that is the story I was given. Am curious from others, if this goes beyond a single post, whether other counties in Florida do this, already are doing this, or are not doing this.
Mark, please keep me updated at [email protected] on this situation if you hear anything else. Thanks, Sarah (We have met before.)
To Education,
I certainly will. I am still on probation and “normally” the yearly search is in July or August. My p.o. verified the new policy and have heard through the grapevine that “some” other counties in Florida do this, but not sure which ones.
In addition, have not yet found out if this is only for registrants, only for felony probation or for all probationers. Will keep you posted.
Also in addition, since I rent out to other registrants, will be interesting how they handle multiple people at one location–including one tenant who is NOT on probation.
Curiouser and curiouser.
To BWJ,
Thank you for the update via the Administrative Code info. I am still on probation so will be complying.
To everyone else, thank you for your input. It is much appreciated.
Mark
When I was on probation, someone called in a false claim that I had hid drugs in the walls of the apartment I lived in. The police and probation officers cut almost all of the drywall open on my walls. I begged them to use sniffer dogs instead.
When they were done, I asked who was paying for that since I was renting. They said it was not our problem and I got stuck with the repairs even though they found NOTHING. This was back in about 2003 and I ended up getting kicked out of the apartment and stuck with a huge bill and sent to collections.
This would seem to violate your rights. Even if you were on probation that doesn’t seem justified. I’m curious if that policy is being used against all people who are on probation and CRD, regardless of charges. When I was on probation in Volusia County, probation would have me stand outside of my residence or have a deputy watch me while the probation officer did their search . I’d like to think I’d be calling my lawyer if law enforcement tried to put me in handcuffs now. I’ve been off probation for four years. This policy just sounds like harassment.
BWJ:
If you are not free to leave, you are detained. You always ask, “Am I free to leave?”. If they say no, ask why.
The rules are different for those on probation or another form of community supervision. One of the standard conditions of probation in Florida reads “when instructed by your probation officer, to remain in a specified place.” Probation officers are allowed to temporarily detain a probationer during a search. Of course, for those not on any form of supervision, the police may not enter the person’s home uninvited absent exigent circumstances or a warrant, nor may they conduct a search of the person or his or her belongings (such as a phone).
@RM
That is why law enforcement is trying their damnedest to get us all back on some sort of charges. When your word against law enforcement, they win a large percentage of the time. Who is the judge going to believe, three officers who state the same story of a registrant who has no witnesses?
Mark’s comments intrigued me so I found this in Fla. Admin. Code R. 33-302.105
(4) Use of Handcuffs.
(a) Officers are authorized to use handcuffs on offenders in the following situations:
1. When there is imminent danger to any individual or the public in general if the offender is not detained immediately;
2. Prior to conducting a search;
3. When law enforcement personnel request assistance in the performance of their duties; or
4. In any other situation that appears to warrant the use of handcuffs if approved by the supervisor prior to the use of handcuffs.
When your not free to leave it is called an arrest. When they lack probable cause for an arrest it is called a false arrest. Let’s see if they do it if people start suing them for false arrest.
You’re right, but if a person is on probation, that person has automatically surrendered some of their 4th Ammendment rights. The various bits of information that I found all seemed to suggest that a probationary should by cautious and comply with probation. The potential consequences for failure to comply would be a probation violation. I’m not on probation any more. However I didn’t trust my probation officer one bit especially after catching a technical in Ohio and being sent back to Florida.
Bwj:
It depends on the state. I have found probation and parole officers in Michigan good to work with. Some probation or parole officers in other states seems to think it is their job to send probationers or parolees back to prison on a technicality. Michigan has closed down about 20,000 prison beds in the last decade or so. That may be why they aren’t enthused to send parolees back to prison.
I was in Hamilton County Ohio. Those guys seemed to create probation stipulations that weren’t part of my plea deal or statutory. Volusia County just relished in inflicting misery. But it’s all done and over with except getting off the registry.
Bwj:
Anything out of Volusia County or Polk County is believable.
I own several houses in Michigan and have rented to people on the registry. Michigan parole officers are good to work with. As a landlord I’ve gotten some of their parole conditions modified. I have even gotten computer restrictions for registrants waived.
@Vocal
They use a third tactic called “You’re being detained”. You are not under arrest but not free to go. So basically, you are in limbo and if you try to leave, you will be arrested. I was once in that situation, and I was held for over 2 hours in the hot sun while the officer got clarification from FDLE to arrest me.
I was surprised after 2 hours of holding me in a public place, FDLE told the officer that I had done nothing wrong, and I was free to go.
Cherokeejack;
You only have a Terry stop and a full blown arrest. You are detained for only a brief period of time with a Terry stop. Two hours is an arrest. If they lacked probable cause then you need to sue them for false arrest.
I get handcuffed every time Probation comes and searches my house. I own my house and its degrading being handcuffed in your own living room and the escorted in those cuffs to each room in your house. They escort you by grabbing the cuffs and basically dragging you around the house. This is Leon county and I live in a rural area
Phillip Kessler:
You can only be handcuffed if the police suspect you of criminal activity. This is called a Terry stop and the police must have good cause to detain you.
You can either remain silent or stand up for your rights, the choice is yours.
Also, you live in Florida which is just about the worse state, if not the worse state, to live in if you are on the registry.
My recommendation to you is that you move to another state.
05/01/2024
Any update on the doe v. SWEARINGEN for plaintiffs with cases prior to 1997?
Miramar cop accepts plea deal after being accused of having sex with a minor he met on Tinder
Aggravated child abuse, no prison time, no sex offender registry. But a CP conviction will get you up to 200 years in prison. Justice?
https://www.youtube.com/watch?v=PDiHIfdoZSE
Why did he get a deal to plead to a felony charge that doesn’t require registration as a sexual offender? I also had consensual sexual activity with a 17-year old and at an age much younger than this police officer (I was 25 at the time). Why wasn’t my charge of Unlawful Sexual Activity with a 16/17 year old [F.S. 794.05(1)] dropped down to the 3rd degree felony of child abuse?
Also, why wasn’t he also charged with Unlawful Use of a Two-Way Communication Device? Prosecutors love to add that charge when the “victim” was met through the internet or a dating app. I guess because I wasn’t a cop.
You are correct. He got some special consideration because he was a cop.
EdC. This type of plea deal is happening more and more, even for people who aren’t LE.
@JZ
And people like myself, when arrested, there was not even a registry. Yet this guy gets a pass. I had no say in the matter as it was retroactively applied. Where was my plea chance as I had already been sentenced.
AND, most of us cannot even get off of it after 25 or more years with no arrests. (Many people are still being denied by a judge, just because they can).
What I’m confused about is, didn’t florida pass a law stating if your in a position of power or authority that if you commit a crime the punishment is supposed to be worse for you than an average citizen. The government is ignoring the law they made to allow government employees to bypass said law. That officer should be on the registry to and also have been sent to prison.
Perhaps you’re thinking of the sentence enhancement allowed by F.S. 775.0862? That statute only applies to sex offenses against students. Otherwise, unless it’s sexual battery by a person in familial or custodial authority under F.S. 794.011(8), no, there is no general law that enhances a crime’s punishment because the perpetrator is in a position of power or authority, as far as I know.