General Comments April 2017

Comments that are not specific to a certain post should go here, for the month of April 2017. Contributions should relate to the cause and goals of this organization and please, keep it courteous and civil.

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I just registered in OC. Much more organized! Few changes. The forms where pre printed and they seemed to focus on an alternative address and what cars you drive? They request a vin? I just bring my registration with me. What if you own 5 cars? I don’t even remember my own license plate #? Unlike ever before, they printed a page with license plate #’s and car makes of my prior cars? I couldn’t even recall? The clerk stated put yes or no? On one, I put not sure? Do we really have to sign this? Plus, what if my wife owns 2 other cars I don’t drive?

Another school shooting, this one out in San Bernardino, a teacher’s estranged husband shows up and kills her, an 8 year old boy and critically wounds at least one more before doing the world a favor and taking himself out. What an effing POS this guy. I get so angry at this news, but as I hate to make this terribly tragic story about us, I get even angrier to think the government is trying to restrict registered citizens from participating in our children’s education when the vast overwhelming number of crimes against children on campus are committed by faculty and staff.

Just another piece of information from my visit to the local police station. As I was waiting, a gentleman walked in to provide information on a new vehicle he just got, and he said he thought he had five days to report this. The lady at the front desk told him, and I witnessed this, that he is not required to provide this information other than at his annual registration. This is in Orange County, CA. Just FYI.

Supremacy Clause

I found this old article written on the Huffington Post in 2014. Here’s what is written about the Supremacy Clause:

The law that applies to situations where state and federal laws disagree is called the supremacy clause, which is part of article VI of the Constitution. The supremacy clause contains what’s known as the doctrine of pre-emption, which says that the federal government wins in the case of conflicting legislation. Basically, if a federal and state law contradict, then when you’re in the state you can follow the state law, but the feds can decide to stop you. When there is a conflict between a state law and federal law, it is the federal law that prevails. For example, if a federal regulation prohibits the use of medical marijuana, but a state regulation allows it, the federal law prevails.

Link: http://www.huffingtonpost.com/lesley-daunt/state-vs-federal-law-who-_b_4676579.html

The current registration laws in California supersede what the SCOTUS defined as registration such as:
1) Only convictions are on the registry b/c they are public record
2) No restrictions on travel, live, employment, etc…
3) No in-person annual registration, as this was stated as a specific example of punishment in the legal documents in the 2003 Smith Decision.
4) Registration length should be tailored to the individual’s conviction.

CA Laws that supersede Federal law:
1) Anyone with their case dismissed is forced to remain on the registry
2) There are employment restrictions. (Recently, living restrictions were lifted, but travel concerns matter as you have to report to the local LE as if you were still on probation. Also, this banishment on school grounds is also a form of restricting travel.)
3) Every registrant in CA is forced to do an in-person registration. SCOTUS denoted this is punishment as you are still serving the state in that capacity as well as be humiliated by going in person. Compelled service of a free person is prohibited unless it is to punish a crime. So compelled service is either Involuntary Servitude or Slavery. You get paid for involuntary servitude. You don’t get paid if you’re a slave.
4) Every registrant in CA is given a lifetime registration. Registration length is not individualized via conviction. First time offender or multiple time offender or varying degrees of offense means nothing as everyone convicted of a sex crime is on the lifetime registration.

I’m curious. What was the legality on winning living and presence restrictions? I wonder if it has to do with supremacy clause? Can we use supremacy clause in California, especially denoting that in-person registration is punishment – something that CA cannot refute as it was a specific example of what is punishment in the 2003 Smith decision. Can we use the supremacy clause v California for those of us who’s convictions have been dismissed, and therefore no longer public record. 2003 Smith decision specifically states only “convictions” are to be on the registry.

So… Supremacy clause… anyone else want to look into this as well as see if I’m onto something? I wonder if Mike R. introduced the supremacy clause in his legal paperwork?

KEEP YOUR MONEY

I’m gonna say this as much as possible: TAKE YOUR MONEY OUT OF THE BANKS BUY A SAFE AND KEEP AS MUCH MONEY OF YOUR OWN THAT YOU CAN!!!

Here’s why:
In trying to educate myself the past couple years about why my life is the way it is, I’ve become a big reader. But the past 4 months or so I’ve been watching documentaries. We cancelled dish and began streaming Netflix through the internet. Two movies have made me want to remove all the money I can from the government: Requiem for the American Dream & Inside Job. Everyone here should watch those two movies by any means possible. Here’s the message I got from them. The rich & powerful take our $, whether paid taxes or bank deposits or insurance deposits, etc & use it against you. Watch the movies. They will explain in detail much better than I can why we should be keeping our wages in our possession & reducing, & if possible, eliminating our taxes. If we remove the finances for them to use against us, they won’t be able to use it against us. Use these documentaries as tools to educate everyone you know. THIS IS A WAKE UP CALL FOR AMERICA!! GET UP NEXT TIME THAT SNOOZE ALARM GOES OFF BECAUSE WHILE YOU’RE SLEEPING IN YOUR COMFY BED YOUR GOVERNMENT IS SCREWING YOU OVER!!!!!!!

California has issues! I can’t even believe we have people who remain on the registry with misdemeanor expunged offenses/summary probation? I register in OC via clerks and they really aren’t to aware of the laws? I ask questions and they don’t seem to know? I wasn’t even aware that I’m supposed to inform them when I take a trip? Who do I call? They could lie? Forget? Who knows?

Now, we have legislators pushing for new laws that push for increased or harsher rules when or if you visit a school campus? Yet, we have had numerous school shootings and I can’t remember how many teachers I’ve seen arrested for underage sexual contact with students (most have been women instructors)? Very sad. I truly feel badly for the proponent of this law. She is clearly not that educated and doesn’t seem to look st the big picture. Very, very sad. We should be focusing upon rehabilitating those who make mistakes and focus on rehabilitating the registry so that it can reduce a number of individuals who remain and have long past been rehabilitated and no longer pose any threat to anyone 🙃

I have a question about IML.

Since the Due Process clause of the Fifth Amendment requires equal protection, is this going to be challenged in future IML challenges since it wasn’t the first time?

The reason being, someone can be off the registry in one state for a particular crime, and someone in another state that committed the exact same crime may be on the registry and subjected to the IML passport marker and denial of entry to most countries. Another example would be if someone residing in California got off the registry, but was put permanently back on for traveling to NY or Florida for longer than the minimum stay requiring registration. Now you have a situation where even other people in your own state are treated differently for the same thing.

Is the reason for not including this in the original case that none of the plaintiffs are in a situation where someone in another state that committed the same crime wouldn’t suffer from IML and therefore this particular group does not have the ability to raise this challenge? I would find that hard to believe.

Thank you

Here’s a quote from State Attorney General Xavier Becerra on an article written on March 29. It deals with criminal recordings, but the statement is quite striking to me.
link to article: https://thinkprogress.org/antiabortion-activists-charged-with-15-felonies-for-undercover-planned-parenthood-videos-ccc3ebb2d5ce


“The right to privacy is a cornerstone of California’s Constitution, and a right that is foundational in a free democratic society,” Becerra said.

If the right to privacy is a cornerstone of California’s Constitution, then omitting registrants off the registry via 1203.4 is in violation of said cornerstone. Registration is all about privacy. There is no true way off the registry, otherwise many others would be off the registry by now (implying CoR’s are not given out like candy). 1203.4 is a direct way to obtain privacy. State Gen Atty states ” right to privacy is a cornerstone of California’s constitution.”

Is there a way we can get clarification on what the State Gen Atty means by that? I truly want to understand what he means by that before declaring you’re a registered citizen of California. B/c I think there’s a double standard ongoing. A right to privacy, according the the cornerstone California Constitution, is an inalienable right that cannot be taken away, but it is with registration. hmmm… it’s also taken away the option to pursue and obtain it via 1203.4.

One more thing… I am a free citizen of California. Am I not a part of the “free democratic society”?

To those of you who use your real names on here: why? You do realize that if someone googles your name, your comments here will come up high in searches, right? I personally couldn’t imagine using my real name here; I think it would be highly unwise.

Folks, “replies” that are long strings of vertical letters are unreadable. May I suggest that if you wish to make a reply to someone else’s comment, you simply start a new comment with “@ New Person” or “@ David”? In other words, just address your new comment to the person to whom you are replying. That way, we will all be able to read what you write.
Thanks all!!! 👍

I wasn’t sure where to post this exactly if it should be in the Michigan section or in the General section, I know it is for Michigan Registrants, but maybe be for other registrants in other states as well, so any way here it is in case anyone else got this e-mail or did not get this e-mail.

If you or anyone you know received this – It is a scam per Miriam Aukerman (ACLU)

Vicki Henry

Today at 10:41 AM
If your or a loved one were convicted of a sex-crime prior to April 2011 and you haven’t already joined as a co-plaintiff in the consolidated Michigan Court of Claims case of Spencer v State Police Director, then you will want to reserve your place among whose who are now poised to have their name permanently removed from the sex-offender registry.  Don’t miss out on this limited-time opportunity! The time to join as a co-plaintiff has been limited by the court and expires soon!  CLICK HERE to learn more.

******

 
Vicki Henry
Women Against Registry, President
800-311-3764
Fighting the Destruction of Families
http://www.womenagainstregistry.com
Facebook:  Women Against Registry
Follow us on Twitter:   @WomenAgainstReg
LinkedIn group Families of Registrants
Reply Reply to All Forward More

SANCTUARY CITIES! Yes!! So the feds are threatening to withhold Justice Department grant funding to local law enforcement if the cities become “sanctuary cities”. But here’s the good news: lots of Residency Checks are supported by federal grant funding…. so go ahead and support sanctuary cities ….. and screw the $$$ out of local law enforcement and their repression of registered citizens!

REGARDING DOMESTIC TRAVEL – Hello Message Board,

I’ve just recently ‘found’ this site and am so thankful for a forum like this. I would really appreciate some feedback as to what others might do in this situation.

1) I’m about to finish my Probation (this week-end). I will have a month vacation, first real one in 10 years. However, when I mentioned this to the local Sheriff here in GA I was told that I cannot be gone longer than two weeks otherwise it will be considered that I’ve absconded. First big pill to swallow.

2) I plan to visit South Carolina, Tennessee, Arkansas, Oklahoma and perhaps Colorado. I’ve contacted the local sheriff in one of these states so far to verify the trigger time before I would have to “register” there and he was very courteous and helpful; Gave me his cell phone number and said to call him if I had any problems. So I guess my second concern is whether I should contact all the other places as well. Also, can anyone tell me if this ‘matrix’ is up to date? https://all4consolaws.org/wp-content/uploads/2017/01/Summary-of-State-Registration-Laws-Concerning-Short.pdf

This seems to have changed. Now it says…. state law doesn’t have to abide by federal appeals court rulings. I’m confused… Since when??

http://www.aclumich.org/sites/default/files/DoesvsSnyder_FAQ%20and%20Fact%20Sheet%202016.pdf

These articles say otherwise.

Michigan’s request to halt sex offender ruling is denied.

http://www.freep.com/story/news/local/michigan/2016/11/15/michigan-sex-offender-ruling/93927644/

Kagan denies Schuette’s appeal to halt sex offender ruling.

http://milawyersweekly.com/news/2016/11/14/schuette-asks-u-s-supreme-court-to-halt-sex-offender-ruling/

Sex offender laws and the 6th Circuit’s Ex Post Facto Clause ruling.

https://www.washingtonpost.com/news/volokh-conspiracy/wp/2016/09/07/sex-offender-laws-and-the-6th-circuits-ex-post-facto-clause-ruling/?utm_term=.a39075426b42

If you read the response from the state of Michigan they come right out and admit they can’t legally enforce the law.

Michigan Attorney General knows prosecutors can’t enforce SORA with Michigan qualified sex offenders.

http://www.scotusblog.com/wp-content/uploads/2017/03/16-768-pet-cert-reply.pdf

My question is… Why is this case being treated different? The Supreme Court refused to stay the law allowing Michigan to keep enforcing it.

TSA Precheck Approved!

Many have asked here if we are eligible for TSA Precheck. After going through the process, it appears that the answer is a possible yes, depending on your background.

First, my background. January 2007, I plead no contest to a single misdemeanor count of 311.11 pc (possession). I was sentenced to 90 day’s county jail, plus 3 year’s summary probation, and mandatory lifetime registration. I had zero issues with probation, and my case was expunged in May 2010. I am excluded from the Megan’s Law website, and had zero criminal history prior to this, and none since.

I travel domestically fairly often (12 times a year, on average). More often than not, I randomly received TSA Precheck. This made me wonder if I formalized the process and just signed up, would I be approved. I’ve himmed and hawed for at least a year but finally decided to give it a go.

The process is fairly easy, and only takes a few minutes. To begin, you build a profile at DHS’ Universal Enrollment website. The questions are pretty simple, and relate to your identity (name, date of birth, etc.), with 4 dedicated to criminal history. The questions are directly related to this set of disqualifiers: https://www.tsa.gov/disqualifying-offenses-factors. The questions are, within the past 7 years, have you been convicted of an offense listed in Part A….within the past 7 years, have you been convicted of an offense listed in Part B….to your knowledge, does Part C apply to you…..

Once you are done, you are provided with a unique identifying number. Make note of it! Alternatively, if you provided an email address when you built your profile, you will receive an email with that same identifier.

Next, you will select a location for your “interview”. Of special note is the fact that the government contracts the interview process to a third party. I selected a location inside a local tax office, as it was most convenient to where I live. I skipped the appointment scheduling because it was 30 days out, and opted instead to do a walk-in.

The very next morning, I walked in to the office and presented myself for the “interview”. The interview is NOT so much an interview, as a recap of the answers you provided to the questions when you enrolled online. The interviewer will ask you for your identifying number provided to you when you enrolled online, and will enter that number into the computer system. The profile you built online will pop up on a computer monitor that’s facing you. You will sit at a desk facing a computer monitor, and the interviewer will run through each question asking you if your response is correct. They will also ask you for identification documents. I provided my passport, and my driver’s license. There are several document options available, and those can be found here: https://www.tsa.gov/sites/default/files/precheckapplicationprogramrequiredid_factsheet_071615-508.pdf

Once you have confirmed that your answers are correct, you will complete a quick Livescan using a desktop Livescan machine. They take thumb prints, as well as each finger. After that, you’re all done! The whole interview process took about 10 minutes, and costs $85.

At this point, you are done, and waiting. At any point in time, you can check the status of your application here: https://universalenroll.dhs.gov/programs/precheck.

The day after my interview (24 hours later), I checked my status. It came up as “security threat review is being completed”. The day after that (48 hours after interview), it changed to “Eligibility Determined…TSA has mailed you a letter”. Also, the field that contains your “Known Traveler Number”, or KTN, was “unassigned”. Since the result of this process is receiving the KTN which you can then provide to the airline anytime you book travel in order to access the Precheck lanes, I assumed I had been denied. My assumption was that if my eligibility had been determined, and the KTN field was “unassigned”, then this translated to a denial, with a denial letter being sent to me. I later learned through a travel blog, and through friends, that in fact this is standard operating procedure. EVERYONE who applies will have their status change to “eligibility determined…letter sent”, with NO KTN provided.

96 hours after my interview, I received an email from TSA welcoming me to the TSA Precheck program, and advising me that I can check my status to retrieve my KTN. I promptly checked my status, and retrieved my KTN. Of special note is that I had travel booked…so I called the airline and provided them with my KTN.

Today, when I grabbed my boarding pass, there it was! TSA Precheck!

I compared my experience with those of several friends who have been through the process. We all had the exact same experience….same online enrollment….exact same interview process. Also, we have all been through the process at different places, and different states. Since the process was the exact same for all of us, it appears that’s completely standardized, and will be the same for everyone, regardless of where they complete the process.

That’s my experience! If you travel often, and have been conviction free for at least 7 years AND/OR have never been convicted of an offense listed on their website, I’d encourage you to apply.

Have a nice evening.

Paul

OK, so I was approached by a consumer drone (UAV) company a week ago, and interviewed with them at the end of last week. I got a job offer today for six figures.

I am not currently registered here in Utah, they took me off. But, I still have not received an official notice from the State office – just a cordial phone call from local P.D. I am a military offender. Whether they should have kept me on or not is debatable.

The new job requires some travel. Maybe to California twice a year, and maybe the same for China.

1) How long can I be in California without having to register?

2) If the AWA says I much register for another 15 years, but my state does not register me; will I be flagged under IML? Must I report my travel even though my state does not register me?

I’m not sure if this is the proper place to post a question like this, it’s a redirect me if I’m wrong.

I have a question regarding child custody where there is a parent that is demonstrating attributes of parental alienation. (Allow me little grace as I’m trying to familiarize myself with some legal terminology ). In short I have a mother who, on a whim, revokes my “privliage” to have uninterrupted time with my son. She also has texted me stating that she is looking to throw me back in jail.

When a sex offender moves into a neighborhood, houses within a one-tenth mile area around the sex offender’s home fall by 4 percent on average. Damn sex offenders, no wonder the value of my home has not gone up in years.

The authors of this statistic estimate that a single offender depresses property values in the immediate vicinity by $4,500 to $5,500 per home (average home prices around $180,000). Altogether, the presence of sex offenders has shrunk property values in Mecklenburg County, North Carolina by about $58 million.

http://www.nber.org/digest/jun06/w12253.html

In San Diego, a guy just yesterday sat in a lounge chair and shot seven people enjoying themselves at a pool party. When are they going to come up with a risk instrument to identify guys like that?

At least one person on this board mentioned living in an RV, another living in his car.
I’m amazed at the number of RVs parked in the WalMart parking lot, and along various streets throughout the SFV, wherever they won’t be cited. Many belong to regular folks who have no room in the driveway and can’t park on the street in front of their homes, I’m sure, but many are clearly occupied.
In one case there were kids playing right outside the RV in a parking lot at Ralph’s. Broke my heart. One guy had a car loaded with most of his worldly possessions, the rest were in a trailer hitched behind.
At my office there’s a guy who parks his newish (still has paper plates) Mercedes van in the lot, then I see him parked on a nearby street everyday without fail.
I’m wondering how many of these people are just nomads by choice, down on their luck, or registered citizens with no place else to go?
My thoughts and prayers go out to these people and wish there was something I could do to help, especially the struggling families and fellow registrants.

I wonder how much home value would drop, if these people knew the people next door is a meth addict and can come in-glue in seconds?

Does anyone know if private schools do background checks on parents to deny sex offenders getting their kids into the school? I know they do for volunteers and employees, but what about parents during the process of applying to get their kid in?

I’m in Texas, but any idea what I am in for if I try no matter what state?

Thanks

Did my yearly here in Long Beach, CA.. Looks like they did a step backwards in time, no 3D photos or digital fingerprints.. Now its old school ink and paper and one cheap digital camera.. about 6 pages of papet, fingerprint on all of them.. I see the high tech stuff is still mounted on the walls and that fancy live scan is still there.. New staff, looks like the older guys has long retired.. now its young police officers taking over (green uniforms) .. no fear or harassment, just the basic approach of I’m here lets fill out lots of paperwork.