State files Motion to Dismiss in Ex Post Facto
As anticipated, the State responded to our Ex Post Facto complaint with a Motion to Dismiss.
Their motion, a link to which can be found below, was completely expected. Naturally, this will be replied to and we will continue to keep you updated as things progress.
Does v. Swearingen – Mot to Dismiss
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Okay, a fresh take on this motion to dismiss as it relates to travel. Apparently we have been reading too much into the “three-day” temporary residence definition. We assumed it meant 72 hours, but in FDLE’s own words:
“The general rule is that when the word ‘day’ is used it means calendar day which includes the entire day from midnight to midnight.” BLAH BLAH BLAH. “A day is an indivisible unit; the law does not recognize fractions of a day.”
Thus, if a registered citizen travels to Miami or anywhere else in or out of state (withstanding any destination state requirements of course) and checks into a motel at 4:00 P.M. on a Tuesday and checks out at 11:00 A.M. on a Friday, even though the stay is for three nights, the “three-day” rule is not violated.
Let’s do the math:
Tuesday 4pm to midnight, although 8 hours, doesn’t count as a “day.”
Tuesday midnight to Wednesday midnight = 1 day
Wednesday midnight to Thursday midnight = 2 days
Thursday midnight to Friday 11am, although 11 hours, doesn’t count as a day.
So registered citizens can book three-night motel stays without violating Floriduh law.
Correct – this is the FDLE’s position NOW that it has been sued.
Of course! Thanks.
Hey, I was just wondering why “Recent Comments” aren’t showing on this and all other pages?