Home Compliance Checks

I agree David ~ Janice, is that something we can do? There are so many questions about these “home compliance checks” that it would be great to do a teleconference on this topic. The problem is that most don’t know what to say if this “visit” were to happen, plus the damage is done if they come to your door, no matter how much you recite the law. If we can at least stop these visits in the future, it would be a step forward. Having to worry about these visits after probation/ parole is just an invitation to a lawsuit for unnecessary hardship and distress.

Proof harm? If anyone else came to my door and harassed me in a way that I became scared, I would call the police. Just because it IS
the police harassing me should not make a difference, right?

I am wondering if these home compliance checks are being conducted covertly as well. We used to get a lot of strange phone calls to our house almost always asking for my husband by name. As soon as I’d hand the phone to him, the caller would clarify who he or she was speaking with and then either hang up or ramble on about dribble until my husband hung up on them. They sounded initially like a telemarketer, but they weren’t. About 4 years ago, I answered the phone to a caller who asked for my husband by name but refused to tell me the nature of the call. I hung up on her. The very next day 3 officers were at our door for his very first home compliance check.

We have also had in the past, on a couple of occasions well dressed people with clipboards knocking on our door asking to speak to my husband. They said they were taking an out of state survey and wanted to know names of people in the household but would not provide us with any meaningful details. We never answered any of their queries. One clipboard lady would not leave our property until she ” filled out her report” . After I ordered her to get off my front porch she said in a mocking tone someone else would be back. These were NOT U.S census or American Community surveyors who always identify themselves as such.

Could all be a coincidence but I wonder if these compliance checks are being done under the guise of something else?

P

I understand that this thread is dedicated to experiences with compliance checks, but most of the stories are just a brief description or an opinion of them being a form of harassment. I would think that more in depth personal experiences might help if we were to ever go forward with a lawsuit, regardless of whether such a suit would be successful or not. I was hoping for a separate thread with stories from registrants or family members who had such a visit, or more than one: What happened, what time of the day did they come by, what did you say to them when they requested information, what county or state are you in, etc. Also, maybe a first name or nickname and some sort of an ok that their story can be used in case it is needed. I do understand that an actual lawsuit would need a real plaintiff, but this might be a good start to get prepared? That’s all that was intended. If this is not feasible, that’s ok. I just felt like getting more actively involved in something that is obviously a sore subject for me.

Like I said in a previous post, registered citizens are the beta test for the governments ultimate goal. Home compliance checks are probably going to be extended to everyone at some point. Read Agenda 21.
Just checking to make sure you have a safety barrier around that swimming pool. We know you have a dog- we need to make sure you are in compliance with the licensing requirements. Smoke alarms are required by law in every room- any dead batteries and you are going to be found out of compliance. Currently these kinds of things only warrant an at home visit by some law enforcement agency or another if a complaint is made. In the not so distant future, this will be accepted by the slumbering masses as proactive enforcement.

Gotta see the bigger picture.

Filming them at your front door is evidence gathering.
Ask questions.

P

So, today we encountered one of these “illegal” home compliance checks. At least, that is what it had to be. Two sheriff’s deputies in civilian clothing knocked on the door. Nobody answered. They knocked harder, started banging and yelling “This is the Sheriff’s Department”. Nobody opened the door. They walked to the patio area and looked over the patio fence. Our living room door and shades were open. Nobody answered. They finally left. What if I had been home by myself, getting out of the shower (they were here for my fiance), they would have scared the crap out of me, looking into my living room. They never stand in front of the door when they knock either, so you don’t really know who is out there. Pretty scary for a woman to open a door when you don’t even see who is on the other side. They did not leave a note or anything. The police department is across the street from us, so I drove over to find out if there was a complaint or what the reason for their “visit” was. The lady at the front could not tell me and had no information, claiming it was a big department and she found nothing in her computer. She asked if we opened the door, and I said no! I am not obligated to open the door. She said they can knock and may have had reason, like checking on a family member’s request. I told her that I believed it had something to do with him being on the registry, but there is no law in PC290 that he has to verify anything other than at his annual registration. She said, they can still come by and knock, and I told her they didn’t knock, they banged on the door and yelled SD. I said that I would be very embarrassed if that happened again and repeated that I spoke to an attorney who confirmed we were under no obligation do undergo any “compliance checks” and I wanted to know who I could speak to. She said since they were in civilian clothing, they were probably investigators from SONAR and she gave me a number to call. I left a voicemail but don’t expect to hear back. I am beyond angry and need to REALLY know what we can legally do to stop these illegal and unnecessary checks. They have no right to invade our privacy to that extent. Janice, I know you are extremely busy, but can you point us in the right direction at least? These checks can NOT be legal, and I just want to know if we have a chance to fight them. He is off probation!! Thank you!!

I wanted to give you all an update on what happened when I questioned the legitimacy
of these compliance checks. A SONAR investigator finally called me back. SONAR is the special department that focuses on monitoring registrants in Orange County and is compiled of a few investigators. The lady who called me, who was an assistant investigator was not too friendly and pretty much ignored my comments about the law and my rights, and the fact that I consulted an attorney to confirm that I knew what I was talking about. She did briefly put me on hold, as if checking to see if I was correct, and then she told me the lead investigator would call me back. Well, he did right as I was getting home from work, and I have to say, it was a rather pleasant conversation. I won’t let my guard down, and I won’t trust any LE, but he seemed very decent and even had a sense of humor. I asked him if it was his department last Friday who came out, banging and yelling, and he said it was, and that is what they do. I sated a few rights like we don’t have to answer the door, and he agreed, saying that he was not required to open the door. I told him we were very upset that after the initial knock, it became banging, yelling, and looking over the patio enclosure. He almost apologized and said they did not want to be that obnoxious but knew he was home and wanted to get his attention. Again, he said he was not required to open, but that it would have been a good idea if he did. I asked what it would be like had he answered, just see his face and leave, and he said yes, that is what it would be like, a knock an bye. He also said they show up in civilian clothes and unmarked cars so nobody will know who they are except the regisrtrant.. I asked if there was a less intrusive way if they really need to come by, like leaving a card to call back. He said they could do that and sometimes they do just call. He said they usually knock and give the person enough time to open the door, and if they don’t, they leave. He did confirm that he was looking over the patio into our living room since he mentioned seeing our bikes on the wall, but that is another story for another time. I then cited a Senate Bill, which I included here, but I am not sure he was famiiar with it since he mentioned the registration card (which is no longer required, and he did not know that either). The bill talks about Proof of Residence at a compliance check, and I will take this bill to an attorney to make sure I am interpreting this correctly. At the end, I told him this whole ordeal was very nerve wrecking for me, and that I was too young to die of a heart attack. He actually laughed at that. I must say, he was very pleasant and told me I could call him any time if I had questions. I will take him up on that, I am sure. Here is the link to the SB 756. Pay attention to the amendment from July 7, 2011 which Cleary deletes an entire paragraph that was previously intriduced, dealing with the requirement to show proof of residence to an officer of the law during a compliance check, and it was struck from this bill. The final bill that passed no longer has that paragraph at all. Let me know your thoughts to see if we have grounds to fight these compliance checks. Here is the link:
http://www.leginfo.ca.gov/cgi-bin/postquery?bill_number=sb_756&sess=1112&house=S

We file Citizen’s Complaints.

I am by no means an attorney, but I work in the field, and I have some experience with the law enforcement community. From my point of view, there are two things driving these “compliance checks:” Overtime funding and department policy. I suggest that in most of the instances where we’ve seen large contingents of officers from a variety of agencies pounding on the door of a 20-plus year member of the Price Club that they are there on what one might call an overtime boondoggle. That is, grant-funded OT that off duty cops sign up for in order to afford those nifty toys they all like to take to the River.

As we all know, the basis for these visits is not founded in law, but from their department policy. Each agency writes its own policies and procedures; there’s not a universal guidebook for all LE. City of Torrance will have different policies than LASD, including the care and handling of registered citizens. That’s why we get this wide disparity of how they deal with registrants across every aspect of this ordeal. In many cases, a particular policy will go on unchecked until someone sues (i.e., Santa Ana PD’s policy of putting registrants in jail attire during the annual renewal process). Most of the time, when we get someone at our door for a compliance check, they are making time-and-a-half. If we aren’t there or don’t answer, they just keep our name on the list for the next OT adventure.

That being said, my guess is they view these contacts as what would be called “consensual encounters.” This is a tried-and-true LE technique where the cop walks up to someone who is hanging out in a high crime area and says, “Hey, can I talk to you for a minute?” What he’s doing is looking for something to trigger a reasonable suspicion of criminal activity, such as the person being under the influence. Naturally, the person can simply turn and walk away, but most persons tend not to that when confronted with authority. How else do you explain all the people who “give consent” to a search of their person or car? Or even their computer? After all, we have nothing to hide. Why not give away one of our rights? At least so they think.

A registrant’s home is, of course, not a “high-crime area.” However from the point of view of LE, a registrant, like a known crackhead, is a person with a criminal past. And the “need” to verify residence (even though statute does not require or allow for it) gives rise to the policy to roll out to our homes and, with no more authority than the idea of “consensual contact,” knock on our door. From their point of view, they are doing diligence. And making time-and-a-half.

That all said, what is key here is HOW they do this. Do they come to our door at a reasonable hour and knock politely or ring our doorbell? Or do they show up at midnight or 6 a.m., pounding hard enough to knock pictures from the walls, and screaming at the top of their lungs, “OPEN UP, SHERIFF’s DEPARTMENT! SEX OFFENDER COMPLIANCE CHECK.!!” Do they leave a business card asking for a call back, or do they pound on your NEIGHBOR’S door and reveal you as a registrant and inquire if you live there? Do they look over your fence into your yard (small 4th amendment violation there) or through your drapes (small registerable offense there)? Do they sit in a car outside your domicile, follow you as you drive, confront you and prevent you from leaving? Threaten arrest under color of authority? Do they make veiled threats as they walk away from you, such as “we’ll be back,” “I’ll have a warrant next time,” or “You just made this really hard on yourself?” How the cops act and respond dictates what our next action will be.

The thing about a consensual contact is that it is just that: consensual. The cop has absolutely no legal authority over you. You aren’t on probation or parole. You aren’t under suspicion or investigation for a crime. There is no search warrant or arrest warrant for your property or person. They must treat you with courtesy and respect, just as they would any other citizen they come into contact with where there is no notion of criminal conduct. If they fail to do so, the first step is to ask for their name and badge or ID number, and the name of their direct supervisor. Announce your intent to file a citizen’s complaint. What you complain about depends on their behavior. Consider Verbal Discourtesy (The yelling and screaming, and any other rude or disparaging remarks) and Non-Verbal Discourtesy (The drywall-cracking pounding on the door…How about an eight-man task force dressed in body arm, guns out?) for starters. Other actions which might actually give rise to a tort claim (Intentional Infliction of Emotional Distress, false imprisonment, harrassment), or even criminal allegations (threats under color of authority, stalking, false arrest). The first step in the process is inevitably the Citizen’s Complaint.

Now many of you are possibly thinking that cops don’t give a damn about a stupid complaint from a registrant. Maybe so. But someone has to work those complaints, and that someone is the supervisor. They don’t like that. Complaints are a pain in the ass to work, and they take time and resources. By the time Officer Dick collects his third or fourth, a pattern has emerged, and Mr. Supervisor is getting a little sick of it. The key is, it gets on paper. Even if all of them are exonerated, someone has to work them. That gets old really fast. And while they will classify the actual “compliance check” as “departmental,” it is the BEHAVIOR of the officer you are complaining about, not the check itself. Complaints can be started with a phone call. Follow up with a written format soon after. CC it to Internal Affairs, or even the chief’s office.

Let me stress that the goal here is to modify their behavior. For the time being, I don’t see them stopping these checks. How they conduct them can be fixed. With that in mind, we want to complain about real behavior. A pattern of frivolous complaints just weakens our position. Thus, any witnesses (those neighbors, family members) are helpful, as are any security cam footage or audio recordings that can be made.

Cops get by with bluster and bravado. Many of them have no idea why they do the things they do: they were trained that way, told to do it that way, and this is the way they’ve been doing it for years. Like water, cop practices continue unheeded, constitutional or not, until they encounter an obstacle they cannot get around. They are hoping to goad you into an outrage, because that just justifies their escalation of their demeanor to an appropriate level to one-up yours.

I can tell you this, though. Nothing clenches the sphincter of a cop faster than a Citizen’s complaint, and nothing pisses off a supervisor more than having to investigation a ton of them, especially when they were generated by something as non-productive as a sex offender compliance check.

Oh. And for those who are concerned that they will just “up the ante,” or “make things worse?” The fact that you have complaints on file creates exhibits for your NEXT complaint for retaliation, which will look good in the law suit you file against the agency.

bless us all

I remember you sharing with us the story of the last compliance check. Had to have been less than 6 months ago if I recall correctly. Didn’t you complain to the desk sergeant about their manner last time? Perhaps that’s why sent a different type of minion enforcer this time. We too have been visited by nosy women with clipboards who refused to disclose who they were while being told to leave. They were not census takers who always identify themselves. Well good on your fiancé for shutting the door in her face without answering any further inquiries. Is it possible to get a gate preventing them from reaching your front door? At this point , I couldn’t give a hoot what neighbors think anymore- my right to privacy and to be left alone trumps their opinions and always will. You matter. Your neighbors curiosity is irrelevant.

The registry is supposed to help solve crime by rounding up the usual suspects. How often does that work? lol The only time the police came to my door was for compliance checks. One time the detective was very loud, intentional, of course. One time it was one of those media circus things with ICE and others in camouflage uniforms.

No, I wasn’t suspected of anything and that was not why they swarmed the neighborhood. There was another RC down the street and I think they hit us both at once. It was more publicity stunt than anything.