A couple weeks ago there was discussion on address verification and whether the fact that law enforcement doesn’t find someone at their registered address is sufficient proof to support a conviction for FTR or failing to report an address change to probation.
We shared some cases where the prosecutor needed a lot more than a law enforcement officer’s statement that they didn’t find the person at home when they went to check.
Although it deals with a probation case (and not just a registration) and is not entirely on point (and probation cases need to prove “willful” violations), another case was decided last week out of the 2nd District Court of Appeals for Florida which held, “The fact that the probation officer was unable to make contact with Mr. XXXXX at his home does not prove that Mr. XXXXX moved.” which can be useful to someone who is concerned that they need to be home whenever an officer comes to do an address verification.
Adress verification turned into Compliance check
I have been off supervision for over 16 years but when I was on supervision I often had a JSO car sitting across from my house to verify I was taking part in my curfew as well as I know I was visited by JSO not less than 3 times at 3 to 5 am to ensure I lived where I said I did. That I told them was harassment. I was told if I wanted to get ugly I could complain to my PO. I didnt get ugly, but I did mention it.
They would have had to bust down my door and beat me with an ugly stick because it takes 3 different alarm clocks to wake me from the comma I fall into when I take my meds
Per Florida law, I could get into an RV and travel around Florida, staying for 2 days at a time at different campgrounds or parking lots, making sure that I return to and stay at my permanent address for 7 consecutive days each year. I would, of course, drop by the sheriff’s office twice a year, as well, to re-register. Law enforcement would have to verify my address during those 7 consecutive days if they chose to. So, if I were arrested at some point for failure to register, wouldn’t the burden of proof be on law enforcement?
Dude you sure your reading that right?
Well technically, nothing is illegal until you are caught. But, If you play with fire, eventually you get burned. I can tell you from experience, if you get pulled over out of your area and the officer sees you are on the registry, you will be detained for a LONNNNNG time.
I once was held on the side of the road for an hour while they called the FDLE to see if they could arrest me. I finally told him to either arrest me on BS charges or let me go as I have my lawyer on the phone. He then threw my license at me, hitting me in the face and yelled “Get the *uck out of here and don’t ever come back”. The funny thing is, there was a rookie officer standing behind him the entire time and I could tell he was uncomfortable with how I was being treated but was afraid to speak up.
Gave me flash backs to when I was a rookie cop and the stuff I saw officers do and get away with that made me sick.
Calling may not work quite so well for the sheriffs deputies here in Saint Petersburg because the cell phones that they use block their number. That means they could end up in the scam call filter pile. I do find it interesting that even thoughA probation violation requires a lower standard approve, it’s still requires proof of intent, unlike a criminal violation of the registration laws which require prove beyond a reasonable doubt, but not really.
Well good to see the courts somewhat agree with us on these fishing expeditions law enforcement seems to be on.
I remember back when I was sentenced, we were doing on average 40% of our sentence. Then they made an 85% law and the jails and prisons started over crowding again.
Several sheriffs around the state have been pushing for funding for new bigger jails stating they are putting 10-12 inmates in pods that are designed to hold 6-8
Haven’t been home for awhile for these address verifications, but they have called once and spoke with my roommate in regards to my place of employment, for which he confirmed is accurate. I pulled one such case where a defendant won just such a case because his probation officer showed up while the defendant was typically asleep.
No longer on probation, but I don’t remember the last time I was home for a surprise visit or address verification. If the officer would just make a phone call, a lot of problems could easily be solved.
Ben
I said that to the deputy who comes by my place (He is very nice and professional). He said if we did that with everyone they would just go to that place to meet the deputy and pretend they live there and they cant have that. I kind of understood.
Having said that, when I was not home after about 4 attempts, he called and said “Hey, what time are you going to be home?” LOL
I never give him any crap or complain and always tell him to stay safe and he thanks me and I do not see him again for 6 months.