Comments that are not specific to a certain post should go here, for the month of May 2018. Contributions should relate to the cause and goals of this organization and please, keep it courteous and civil.
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SORNA Case Advances in Federal Court; PLF Files Motion for Summary Judgment
The Pacific Legal Foundation (PLF) filed a motion for summary judgment on November 18 in its...
Looking for help!
My polling location is at an elementary school. I am a 290 registrant in California who is NOT on parole/probation. Am I allowed to go to this location in order to vote? Called the local police and they said it was fine, but I wanted to check.
Thanks
Yeah Chris, I really do not see how much power the $25,000 price tag really has. Am I missing something obvious???? It certainly suggest that the registry is punishment and is another probative factor but I do not think this cements it. You know they put people in prison for other crimes and those laws are not deemed unconstitutional. I understand the relationship but Just cannot wrap my head around a definitive fact. Correct me if I am wrong and just missing it. LOL
I know what I need is a bunch of gov reports from in the early 90s or before the registry showing no meaningful difference from rates back then compared to now so that they cannot say “well it looks like the registry must be working’ crap…..
Election… my wife received her Statewide Direct Primary Election Ballots in the mail for Cali/LA.
A lot of names, and google searches really don’t state anything on candidates views and stances on SO’s. Example there’s one crazy Attorney General candidate who criticized a recent court ruling that could lead to the release of potentially thousands of sex offenders under Prop. 57, yet another one supported it.
I haven’t seen anything on who is voting for who?
Great news! Lets take the profit away from these websites. If they can’t make money, they wont keep doing this! It’s about time.
Mugshots website: Posting mugshots on internet draws criminal charges from California attorney general. California Attorney General Xavier Becerra on Thursday filed extortion and money laundering charges against the owners of a website that publishes mugshot photos and charges a fee to remove them.
http://www.sacbee.com/news/politics-government/capitol-alert/article211255899.html
I bet some of these sites will be very scared now. Most of these sites certainly don’t have the money to fight the CA AG.
@ Bee and Someone Who Cares: OCSD website (Bee’s link) states “SONAR Team … utilize[s] the following methods to supervise registered sex offenders; residence and workplace visits, ….” Stop there – I am having trouble understanding how “compliance checks” are legal and not a violation of our civil rights. It seems to me that a Compliance Check is a police “stop” (because they are halting you from going about your business) WITHOUT:
1. probable cause/suspicion of a crime occurring;
2. a complaint of criminal wrong-doing, or;
3. a search warrant.
Do they do “Compliance Checks” on those previously convicted (even decades ago) of domestic abuse, aggrevated assault, manslaughter, assault with a deadly weapon? No, they don’t.
So does anyone know where it is written into the law that they are permitted to do Compliance Checks on non-probation, non-parole Registrants? Please friends, seriously, if you know, please direct me to the appropriate statute. It’s been 20+ years that I’ve been tolerating this harassment. I’m done with accepting it as “‘required'”. 😡
Police Mugshots:
I don’t know if this court decision has ever been mentioned here before, but a 2016 ruling from the 6th U.S. Circuit Court of Appeals, held that a federal agency can, on a case-by-case basis, decline a Freedom of Information Act request for a mugshot due to privacy concerns.
http://www.opn.ca6.uscourts.gov/opinions.pdf/16a0164p-06.pdf
And here is a very good article that describes how Police Departments can use copyright laws to keep their booking photos from being published by anyone else.
http://www.abajournal.com/lawscribbler/article/use_copyright_law_to_battle_against_mugshot_extortion
Very nice. I especially like that it involves other Attorneys General. ([Becerra’s] office said investigators are working with law enforcement in Broward and Palm Beach counties in Florida, and state police in Connecticut and Pennsylvania.) That will raise the issue in those States as well, since they’re already collaterally involved. This could start a tide against these sites. Warms my heart. 😀
Warrantless border searches ….
https://www.eff.org/deeplinks/2018/05/eff-new-york-appellate-court-no-warrantless-border-device-searches
For those that live in Florida, this law is to take effect July 2018.
Florida enacted a law that requires mug shot publishers to remove a person’s arrest photo from their websites, at no charge, within 10 days of receiving a formal request for removal. The measure passed with wide bipartisan support and Gov. Rick Scott signed it into law in June, 2017.
Under the new law, if a Florida court issues a mug-shot-removal injunction and a publisher does not comply, the court can authorize a $1,000-a-day fine.
https://www.courthousenews.com/lawsuits-seek-bring-mugshot-profiteers/
Here is a link to the law dealing with entering a school, whether for voting or attending a child’s event. It has been amended, it seems, and you can read through what has been eliminated or added. It seems, voting is ok, and unless it is a certain offense, you can enter a school ground without getting written permission. Just read through the whole section and see if you fall into any of those categories:
https://leginfo.legislature.ca.gov/faces/billCompareClient.xhtml?bill_id=201720180SB26
Hi all. In one of SCOTUS’ oral arguments one of the judges quipped about the impossibility of registering while traveling. I think his point was that if a traveler was not in town long enough to be required to register, registration law fails.
So my question is about boondocking. That is, living in a motor home and traveling. I’m thinking of traveling to do research for my business but don’t know how it would work. Do any of you have experience?
What if California relieves me of the registration requirement in 2021 when the new law goes into effect? Will it still be necessary to register in other states due to the conviction still being on the record?
Any thoughts appreciated!
Here’s a story that, though about a gun shop, highlights the same regulatory BS and games government plays to get what it wants: https://townhall.com/notebook/bethbaumann/2018/05/16/gun-rights-activists-face-a-major-setback-with-supreme-court-decision-n2481493
*****
Alameda’s true motive, of course, was to outlaw gun stores. But the three men managed to find a location that complied—it was over 500 feet from the store to the front door of the nearest home—and Alameda’s zoning board approved the application. After complaints from anti-gun activists, however, the county changed its policy to require a distance of 500 feet from the store to the nearest area that was zoned for residential use. That made the distance from the store to the nearest home 446 feet, which the county said was not far enough.
*****
Does that modus operandi sound familiar? No matter how much one tries to comply, government, in the almighty name of civil regulation, can retroactively screw you over. Ah, the land of the free…
I have a question for all the brains out there.
If you’re a photographer and take a picture of someone and make money you must have consent release. states make money from the feds for the so websites with photos on that they do not have a signed consent to for
In front of Home Depot I met a guy gathering signatures to defeat proposition 57 by classifying misdemeanor sexual offenses as violent.
There is a lot that is interesting in this post:
This morning, the US Supreme Court granted cert in Gundy v. US to consider whether Congress’s delegation to the attorney general the power to issue regulations interpreting the federal Sex Offender Notification and Registration Act violates the nondelegation doctrine. That grant on that issue right has Con Law fans buzzing. But sentencing fans more interested in the substance of sex offender registries will want to check out this new commentary by Jesse Kelley in The Hill under the headline “The Sex Offender Registry: Vengeful, unconstitutional and due for full repeal.”
http://sentencing.typepad.com/sentencing_law_and_policy/2018/03/making-a-fulsome-case-on-the-merits-against-sex-offender-registries.html
I listened to the Live report this morning coming from the White House regarding Prison Reform. Does anyone know if there is representation on the behalf of individuals that are currently incarcerated for sex related crimes and those that are currently on the registry throughout the United States? They spoke of 2nd chances for all? And coming up with a bill that would be signed into Law that would do just that.
“Stephanie Adams is a proud advocate for women and children’s rights as well as the prevention of domestic violence.” This, from her website: http://stephanieadams.com/index.html
Yesterday, this self-proclaimed advocate of “children’s rights” murdered her seven-year-old son, and killed herself, by throwing him and herself off of the upper floors of a New York hotel.
“Woman, Child Dead After Fall From Midtown Manhattan Hotel”
http://gothamist.com/2018/05/18/deadly_fall_gotham_hotel.php
Is a movement starting?
Is this the start of a movement where book is the first then start going after others including politicians? i hope so!
i just seen this:
http://www.politicalcortadito.com/2018/05/02/double-agent-lobbyist-ron-book-gets-county-reprieve-mayoral-wannabe/
and the the http://www.ron-book.com web site
Please everyone when you see any report or anyplace you can comment copy and paste a link to a video, web site, news story etc… and then when someone searches for ron book all these sites will come up first showing the world the real criminal ron book
everyone can do a little something, lets start dropping links everywhere – even if you sit on your fat ass at home and are afraid to personally get involved like me. lets start dropping links or create a video about some idiot that makes our lives hell and lets fight back and now we start to make there life hell! like here is a great video that just popped upped about a Florida A-Hole! https://www.liveleak.com/view?t=uDwrL_1526695160
About that Gundy SCOTUS thing:
https://www.oyez.org/cases/2018/17-6086
From this:
*****
Gundy then asked the U.S. Supreme Court to review his case, which it agreed to do only as to the question of whether SORNA unlawfully delegates authority to the U.S. Attorney General under 42 U.S.C. § 16913 to impose the law’s registration requirements upon offenders who were convicted before the statute was enacted.
*****
That’s a shame they didn’t include that the AG also decided it applies to those given “deferred adjudication” where the AG actually re-writes the common dictionary so that the term “not convicted” actually means “convicted” if the case was sex related and they plead guilty or no contest to avoid a trial. I’m not quite sure the AG should have the god like power to define our words, especially to mean the opposite of what they actually mean, just to force people that thought they took a deal to be free and clear to now be subjected to the same punishment as those convicted in a full trial.
Before I consider inquiring with my local school district (find out if they have a district policy that the principals have to adhere to) I figured I would ask what experiences others have had with requesting permission to attend a graduation. Have two kids and the first one will be graduating from middle school in a few weeks. I would be attending with my wife and our other child. Convicted of a non-contact offense and not on the public registry. Since I’m not on the public registry I’m able to fly under the radar a bit so I don’t want to draw any unnecessary attention to myself, my wife, or our kids but I also don’t want to come up with some lame excuse as to why I couldn’t make it to the graduation. I’m hoping to hear that others have asked and have been granted permission before I consider contacting the district or the school. The graduation is being held at the local high school which I actually attended and graduated from 3 decades ago. I know that if I do nothing, thanks to the law, I won’t be able to legally attend their middle school or high school graduations.
This seems very positive. Evidence based hmmm…
https://www.whitehouse.gov/briefings-statements/president-donald-j-trump-supports-legislative-action-reduce-recidivism-prison-system/
I can think of no starker illustration of the disparity between how this society treats physical and emotional child abuse, on the one hand, and sexual abuse, on the other. Moses Farrow, now an adult and one of many adopted children of Mia Farrow (who was something of a high-status “collectionneur” of foreign-born or disadvantaged kids, years before Angelina Jolie), has made consistent, compelling and harrowing allegations of physical and emotional abuse against his adoptive mother but is largely ignored by the media. There are no celebrity ‘call-outs’ for her behavior and demands to destroy her career or her life, as there has been with Woody. She is still showered with the accolades bestowed by a celebrity-worshipful society that are seen to be commensurate for rich women closely identified with the correct progressive politics and the correct emphasis on ‘social justice.’ There are no late-night television comedy bits about Mia’s abusiveness towards her fetishized, underprivileged child-objects as there have been about Woody’s alleged pedophilia. It doesn’t matter that two of Mia’s children no longer speak to her and have stood firmly with Woody over these many years and can articulate a history of harrowing abuse as children at her hands. This is the difference between allegations of sexual abuse and physical or emotional abuse and how society takes one very seriously, indeed and can’t be bothered with the other.
“Moses Farrow defends Woody Allen, details Mia’s alleged [physical] abuse”
https://pagesix.com/2018/05/23/moses-farrow-defends-woody-allen-details-mias-alleged-abuse/
Ex-inmate says he was sex slave: Why Mich. judge tossed case:
https://www.yahoo.com/news/m/5a1026e4-2308-3305-93d9-5dcd110dd0d6/ss_ex-inmate-says-he-was-sex.html
https://www.freep.com/story/news/local/michigan/2018/05/24/michigan-prisoner-sex-slave-lawsuit/640573002/
Maybe a stupid question but who thinks the following can be considered a judicial fact for purposes for a court to take judicial notice? I do not know if reasoning or suppositions provided by a state gov agency can be recognized as judicial facts. I find some sites stating that they can, but it is only logical to me that a court cannot take judicial notice of a supposition or opinion at all.
Wex Law: Adjudicative Fact
A fact that is either legally operative or even so important as to be controlling on some question of law. Adjudicative facts are those which concern the parties to some dispute and are helpful in determining the proper outcome in the case.
California Sex Offender Management Board (CASOMB) End of Year Report 2014:
“Some of the consequences of lengthy and unnecessary registration requirements actually destabilize the lives of registrants and those – such as families – whose lives are often substantially impacted. Such consequences are thought to raise levels of known risk factors while providing no discernible benefit in terms of community safety.” (emphasis added) (p. 12) http://www.casomb.org/docs/CASOMB_End_of_Year_Report_to_Legislature_2014.pdf [visited April 4, 2018]. Complaint pp 4 ¶ 12.