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If the state of Florida is conducting home searches on probationers. If they live with family members ? aren’t those family members subjected to those searches ? There is something very unconstitutional about this ?
I’ve seen a lot of PFRs complaining about the way Volusia County’s Sex Offense Unit treats them. Well, it appears that agency has its own problems with (alleged) sex offenders within its ranks. TWO separate stories by TWO separate news stations about TWO different incidents show Volusia County Sheriff’s Office and Volusia County Jail have major problems with alleged rapists in their ranks.
https://www.clickorlando.com/news/local/2024/05/16/volusia-county-corrections-officer-accused-of-sexual-misconduct-with-inmate-sheriffs-office-says/
https://www.wesh.com/article/volusia-county-deputy-arrested-sexual-assault/60810460
Ok now the case is back on track.
May22nd “Parties shall file a schedule that lists the remaining Plaintiffs and claims in this action and that explains how they wish to proceed with respect to each remaining claim, including an explanation of how they wish to handle the claim(s) they believe were resolved by Judge Hinkle.”
https://www.pacermonitor.com/public/case/25861536/Does,_15_v_SwearingenMeet
I was looking to move to the Cherokee Nation reservation. I have been being considered for a long time. I finally got this response.
Sex Offender Registry
Pursuant the Adam Walsh Child Protection and Safety Act of 2006 and the 2008 Cherokee Nation Sex Offender Registration and Notification Act, any convicted sex offender who lives, works, or attends school within the Cherokee Nation reservation must register as a Sex Offender with Cherokee Nation, in addition to any other state, territory, or tribal registration.
Well guess I can just stay where I am as nothing would change by moving there.
Sorry to read the news about moving to the Nation. We are caught between a rock and a hard place.
@Mac
Thank you for the encouragement 🙂
You know what is between that rock and a hard place? Purgatory, at least for us. Many of us live in virtual Hell on a daily basis, wondering when someone knocks on the door if it is someone trying to sell you something or when you peek out the window, you see 3 uniformed officers.
Even if they DID allow you onto their “sacred” grounds, you’d be more easily known and scrutinized as it would be a smaller fish bowl.
I’ve noticed in the past that you mentioned that we’re treated like leapers. Well, I’d argue that we’re actually treated WORSE. Lepers are not demonized, hated and subjected to an arbitrary “compliance or prison” ultimatum. Their misery is not monetized and politicized . We are intentionally made a spectacle out of for fear fodder and political furtherance, they are not. They are also not made out to be pseudo public safety liabilities. The only similarity is both chose to hide in order to avoid public ridicule and shame.
@Facts
Probably for the best, my parents are elderly and I have to look out for them anyway. I would probably have been bored on the reservation anyway. I visited several reservations many decades ago and most of the people seemed depressed, oppressed or both.
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.
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.
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?
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.
Supreme Court Homeless case https://www.youtube.com/live/b09VVQUCqKw?feature=shared only thing that mentions our potential issue is around the 1:56 hr mark
Ohio seems to be seeing the light about housing for ALL Felons INCLUDING those with sexual offenses, H.B. 50 has recently been amended and only 3 steps away from becoming law that will allow ALL Misdemeanors and Felons coming out of jail or prison the opportunity to find housing. People going on the registry will still have to comply with all registration requirements and any geographical restrictions, but are given equal chance at finding residence and I think employment as well.
This is another step in the right direction. The tenor of the Bill is to help cut down recidivism of all felons by giving them the opportunity to reintegrate back into society through hosing and employment. To deny people with sexual offenses of the same opportunity would be in essence saying ‘We want them to fail and only them and go back to prison’ which vicariously would make them guilty of supporting recidivism, so this Bill looks like a step in the right direction.
03/10/2024. DeSantis just signed bill hb1235. – What are the changes we should be concerned with here ?
I would be very concerned with this one https://www.flsenate.gov/Session/Bill/2024/1131
The online stings bill. Who is to say they don’t use the money to target registrants in the areas. They have to spend the money otherwise they won’t receive a grant, the grant is given yearly so more people on the so division payroll. With more people on the so division more time they have to devoting to one of 100s of small nuances to check up on we have to make sure we’re legit on otherwise they got another one. Then it will be “Let’s expand the budget even more.”
Also each failure to register is now a separate charge.
Folks, the online sting grant program is not targeted to registrants, though it likely will create new ones.
An online sting program targeted to registrants would be unlikely to work, because it’s usually not registrants who are doing the offending.
HB 1235 establishes stricter guidelines for sexual offender registration. This bill:
Prevents sex offenders from using a temporary residence to avoid registration;
Requires sex offenders to register vehicles and vessels used as living quarters with the state;
Requires international travel to be reported ahead of time;
Makes it more difficult to qualify for registration removal.
https://www.news4jax.com/news/local/2024/04/10/live-gov-desantis-head-of-florida-dmv-hold-news-conference-in-st-petersburg/
I saw that on the news the other day but couldn’t find anything online to post on here. I read your link and does not sound good. Two points, more harsher registration requirements and harder to get off the registry.
Guess the governor doesn’t like the ruling from the supreme court. Also seems these are all retro-active. The more they make, eventually some judge has got to make this stop as it, in my opinion, has well passed punishment.
On a side note, our friend on here who died on the registry last year is still on there. 🙁
Short summary of all the new laws https://flvoicenews.com/desantis-signs-new-laws-aiming-to-protect-children-from-sexual-predators/
On March 29 someone using the handle “mac”. I have been using the handle Mac on FAC for a long time. I do not want to be associated with the postings of this person “mac”.
I contacted FAC about this but so far I have not received a reply.
More restrictions for Volusia https://www.clickorlando.com/news/local/2024/04/02/volusia-county-ok-longer-distances-for-sex-predators-from-schools-playgrounds/
For all Harper v. Glass questions, please refer to Val Jonas’ post:
https://floridaactioncommittee.org/statement-from-attorney-val-jonas-on-impact-of-judge-hinkles-order/
Does anyone with a pacer account know what we asked in our status report
https://www.pacermonitor.com/public/case/25861536/Does,_15_v_Swearingen
Southern Court, can’t really rule until the northern court rules.
I looked it up (very new to using Pacer) and it appears we just updated that case with the ruling from Harper v. Glass, per Judge Williams’ order in November.
Thanks
The Southern District of Florida Court in the Doe case has stayed the proceedings at the request of both parties because there could be additional litigation in the Harper case such as post-judgment motions or an appeal. The parties have an additional 60 days to update the Court on the Harper case before proceeding any further in the Doe case.
Congratulations to Val and her hard work on the Harper v. Glass case in the federal northern district of Florida. Today’s order strikes down as unconstitutional the in-state, in-person reporting requirements and the duplicative requirement to report to DMV when traveling in-state for more than 3 days. The FDLE Commissioner is now required to offer on-line reporting to registrants who are traveling in-state for more than 3 days. He has 60 days to do so according to the order. Again, thank you Val for all your hard work!!
I’d there any opionon or final version of this decision anywhere? I can’t seem to find it??
Ron Book again lobbing to expand a sales tax to fund his organization https://www.local10.com/video/this-week-in-south-florida/2024/03/24/this-week-in-south-florida-ron-book/
How can registered citizens be bar from a public good service.
When the man in charge of the public good is Ron Book.
So I came across this court case https://law.justia.com/cases/florida/third-district-court-of-appeal/2023/3d22-1416.html the state uses this line to say the registry is not punishment but simply a status of one’s crime. And if you go to sites like these https://www.flcourts.gov/Resources-Services/Office-of-Family-Courts/Family-Court-in-Florida/Delinquency/Resources/Common-Acronyms-Terms you will constantly see that offense crime only apply to juveniles.
So you see the definition of a status crime “Status Offenses: Things a youth may do that are not illegal for an adult, such as truancy, running away, or underage drinking.”
And looking at the history of the status offense legislation intent https://www.nolo.com/legal-encyclopedia/juvenile-law-status-offenses-32227.html#:~:text=For%20the%20most%20part%2C%20state,committing%20crimes%20in%20the%20future. For the most part, state goals in dealing with status offenses became threefold:
* to preserve families
* to ensure public safety, and
* to prevent young people from becoming delinquent or committing crimes in the future.
So, if Florida State legislator is going to use the line, registration is simply the status of your crime, and they’re going to categorize it as a status crime and status crimes originated from juvenile issues that wouldn’t be a crime committed by an adult and the structure had three purposes.
How can it be not be viewed as punishment when the registry breaks up families
How can it insure public safety when the registry shows most were 1st time offenders
The legislative shows the intent is to ratchet up the restrictions year after year.
Applied to juveniles a status crime is viewed as trying to preserve those 3 things
Applied to registrants a status crime inflict punishment openly on these 3 measures yet it’s legal.
If the goal with a status offense is those 3 measures how can it be a status offense if those 3 measures are not the intent when applied to us.
Tennessee needs to get rid of community supervision for life as well. It’s also unconstitutional and it violated the ex post facto clause as well. Meaning double jeopardy. We all made mistakes in the past so why should we be punished further for a conviction that we all served our full sentence out? We were never given parole nor probation, so why are we being supervised by TDOC officials. This is a form of slavery and hate which is against the United States Constitution. It is a secondary prison sentence. Why do we need to be placed on ankle monitors told to go to a treatment program and then take polygraphs which are not accurate in the first place that’s why the United States supreme Court stated they are admissable because they are deceptive 50/50 on them. But all this additional stuff that tdoc forces on us is illegal and unconstitutional it is slavery. It’s a form of NAZISM. Tennessee might as well just give anyone with a sex offender the death penalty, because that’s what this CSL is .
Has FAC looked into contacting a tax law attorney. DeSantis signed the homeless bill in Miami and he championed its way of doing business. The city is contracted by the https://www.homelesstrust.org/homeless-trust/about-us/home.page. The homeless trust gets its funding from a 1 percent sales tax on sales in the Miami area. Registrants are barred from the homeless trust resources. There has got to be some statute that the government cannot use its own citizens funds against that citizen. If I’m being taxed, I should be allowed to use the tax item that I’m being taxed on right. How can a registrant in Miami not have standing to sue when they are barred from using a service that the government taxes them on. Then we have it straight from the source https://www.axios.com/local/miami/2024/03/20/florida-law-desantis-homeless-camps-public-sleeping Ron Book doesn’t plan on any camps being built in the Miami Beach area. How is that not strategic banishment?
With the local communities being on the hook for these homeless camps maybe a Tax lawyer might be a way to attack it. So a local sales tax props up the homeless camps, but registrants cannot use a services of the camps, and that model may spread to other cities but registrants are barred from the model that they use in Miami so maybe we can jump ahead of the curve since more than likely counties will use a local sales tax to fund the camps however, registrants may be barred from using the services of the camps. Is there anything illegal about using And denying a local tax source funds from a citizen them bar them from that service in Florida? Federal? It would be pretty funny to see Ron Book and his organization hand FAC a check for the denying services to taxpaying citizens.
Does Miami Homeless Trust bar registrants from accessing its resources? Or is that more a function of Miami-Dade’s SORR ordinance?
I assumed Miami Homeless Trust was the only homeless service with a dedicated sales tax as its funding source. Are we saying there are other such homeless trusts here in FL? Would we discourage them from being funded by tax revenue?
Does the new law signed by DeSantis require municipalities to provide any services to homeless persons? Or does it mostly just lay out what they can not do?
Are we really willing to accept 1% off of our sales taxes, in exchange for continued denial of services to homeless registrants? Because that seems to me to be the final outcome of a successful challenge as Eugene describes it. Better, I think, to fight for more equitable homeless resource access regardless of who is paying the tax.
And that’s even if we have a case. Many people pay taxes for services they can’t access. FL does not, for example, exempt elderly homeowners from the school tax. Do we know of any successful challenges to the contrary?
Tax laws, hard to look up I spent a better part of yesterday, trying to find anything to use as an anchoring of a court case to see if we even had a basis to maybe sue under discrimination of a state sanction tax excluding us from being provided by goods and services. But it’s hard to find any court cases where people are facing the kind of discrimination we are in this.
I think the school tax is different because you could have a kid at one time so that service you could need you could have had a fire. Therefore, you should have a tax with the money goes to the fire department however, we could become homeless, but we cannot access the services that are available for the homeless I think they’re in lies the difference between the school tax being applied to older people who at one time chose to have children or not, and the school was there to provide services for them versus our situation. Also, the school continues to provide a service that the community uses that doesn’t exclude anybody for who the service is provided for.
Loss in Illinois https://ilcourtsaudio.blob.core.windows.net/antilles-resources/resources/862957b0-57a5-4485-9ac3-be91f70be527/Kopf%20v.%20Kelly,%202024%20IL%20127464.pdf
You know we all talk about these sex sting operations, the probation, incarceration and other ordeals that many go thru but is it the way that seems right. I mean to trap, force, pressure, entice, or persuade another into coming down to meet this person that basically turns out, ( in truth) to be a police officer. That’s not really justice or fair play of any type. Its more of a choke hold of bondage.
Where is the Christian morality in this? Sure using the sword in vain the right way to protect and serve is good. So were does reasoning come into play in all this or not the God Given Commandants not at play today. Well believe it or not they are at play yet we are all carnal and true justice is like a plea deal of passing the buck. Are we all upset…. I would say all of us are.
I’ve always believed that the lifetime sex offender registry (especially Florida’s) was a implementation for encampments in a futuristic endeavor/agenda of our world.this may be the next step. Whether one calls it the New World Order or something else, they have slowly planned/tested how to control/monitor individuals in mass. So sad that the so- called justice (claimed to protect) had come as an angel of light because many who see with spiritual eyes know that the enemy typical disguises as such light.
Whenever the government has to give money as an incentive to implement laws, one should always question why would they have to if a good idea or take away rights of counties within a state to reinforcing it. Pray that people awaken to the truth of what they aren’t able to see but to what is happening right before their America’s eyes.
https://www.msn.com/en-us/news/us/desantis-signs-bill-banning-homeless-people-from-sleeping-in-parks-public-spaces/ar-BB1keLga
https://www.clickorlando.com/getting-results/2023/11/01/career-criminal-unit-makes-sure-volusia-sex-predators-offenders-follow-the-rules/
This article buttons down the vast requirements of control. If the media repeatedly televises a specific matter, one can bet it’s agenda driven.
Thanks, ‘just sayin’’’, for the article.
So sheriff Judd big bust in Florida 16 registrants were arrested however looking at what most were arrested for it just petty stuff. https://westorlandonews.com/detectives-charge-central-florida-registered-sexual-offenders-and-predators/
Although “petty”.. theses arrests were mostly for vehicle or liscense violations.. could have been prevented…… been on registry since 1998.. refuse to allow myself to give the state that opportunity to arrest me..
I am so glad I do not live in one of the Florida counties whose Sheriff is Hell bent on looking for issues that do not exist just to re-arrest someone on the registry. That is why I moved over 20 years ago from the county I lived in. I was getting 3 to 4 visits a day from city police, Sheriff’s office, even once from the FDLE agents.
Meanwhile, people are getting robbed, car jacked, kidnapped and old people having their home deeds stolen and their houses taken by crooks, yet law enforcement does nothing but go after the easy pickings and low hanging fruit.
Are Volusia deputies the real predators? This article gives insight into their intentions.
https://www.clickorlando.com/getting-results/2023/11/01/career-criminal-unit-makes-sure-volusia-sex-predators-offenders-follow-the-rules/
Louisiana bill: any person convicted of a sex offense shall be subject to a vasectomy.
https://legis.la.gov/legis/ViewDocument.aspx?d=1346582
Okay that sounds completely unconstitutional. Cruel and unusual punishment. Second, what about someone who committed a felony that has already had a vasectomy? Third, what about the occasional female that ends up on the registry? How is this bill even logical?
Would be very interesting if the person is a woman
Just like the Bible intended, right?
https://www.wired.com/story/florida-teens-arrested-deepfake-nudes-classmates/
Another case of kids potentially being placed on the registry.
Here is another YouTube video which might be of interest and add under a created playlist at FAC YouTube channel.
https://m.youtube.com/watch?v=wuKcInKFQPw