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Related posts
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Senators call for audit of TSA’s facial recognition tech as use expands in airports | The Record from Recorded Future News
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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...
This will certainly land in SCOTUS’ lap in a year or two or three:
“Police Can’t Force Some Phone Unlocks, Judge Says”
https://www.usnews.com/news/national-news/articles/2019-01-14/police-cant-force-you-to-unlock-your-phone-with-biometrics-california-judge-says
It’s the right ruling, but will it stand? I certainly, and believe, so.
Wish we could start a counter character assassination suit against all this.
I’ve had a thought in my head for a few days and would like some feedback.
According to the Feds, the reason for keeping someone on a registry after moving away (or dying, though that won’t apply here) is so the victim has some knowledge/peace of mind/whatever tripe they concoct. Okay, so what about those who either had no victim (stings) or the victim has no idea the offender offended against them (widely-available CP)? It would seem someone fitting either of these could file an as-applied lawsuit saying there is no rational basis for their continued presence on whatever State’s ML. If the State then argues that it’s in case the POTR comes back, that, too, has no rational basis because a) the POTR must register once back in-state and would be re-published, or b) the POTR can enter and leave before the registration period expires. Also, someone who has moved out of state will of course show no current in-state address, so how is public safety served? Mind you, this isn’t a situation such as crazy-@ss WI or NY, but something less crazy such as FL or MS. What public safety benefit or use is there to someone in FL with info saying “John Doe, living in Kansas”, showing a “threat” that was, but isn’t? What was provides no public safety benefit to what is or is to be.
I’d appreciate someone shooting holes in this logic. Also, I’m at a loss what basis could be used for a lawsuit, though I lean towards Due Process. It also probably touches on Long Arm statutes, which, as recently detailed, is a snarled mess.
So this Gov shutdown. This is interesting, no matter what side of the isle you stand, this should be about the congress ignoring the “Governmental empirical evidence,” the gov’s own experts at the border, and DHS with facts showing that a wall or barriers works. The legislators keep stating a wall or barrier does not work. Um, excuse me, are you an exert on border security? do you have some gov studies showing their is a question as to whether the wall works? is the DHS and border patrol, including all their statistical experts appointed to protect the border and provide facts and expert recommendations, wrong or some how not qualified to be experts? etc.
When or why do the legislators get to ignore empirical evidence, and the expert authorities statutorily tasked to research and make recommendations? This is a big problem and questions that need to be brought up in the court case that will surely be following whatever outcome comes from this issue.
I have a question about California and now that it is a Sanctuary State what happens to sex offenders who enter the country and specifically California ILLEGALLY and apply for benefits? Will they have the same restrictions that are imposed on those of us who have to register and be restricted in CA?
Idea!
Have all RSOs throughout country move to Santa Clara Co.
Then see if the L.E. Can keep up with the residency checks, annuals, monthlies for the homeless, and all the rest of the B.S. that comes with the registry.
Can anyone imagine having 900,000 registrants all in one county? The other states would lose their funding , California L.E. Would be drowning in paperwork. , and the public outcry would certainly cause a change in laws.
There is no conceivable rational basis to keep someone on a state registry, and it is even more irrational if that individual no longer resides in that state. These law makers are out of their minds. Just look at their over all approval ratings and how they are running the country, or I should say not running the country. Anyways, I really like this statement concerning academic studies,
As an editor of the Journal of the American Medical Association explained, there is “no study too fragmented, no hypothesis too trivial, no literature too biased or too egotistical, no design too warped, no methodology too bungled, no presentation of results too inaccurate, too obscure, and too contradictory, no analysis too self-serving, no argument too circular, no conclusions too trifling or too unjustified, and no grammar and syntax too offensive for a paper to end up in print.” Rennie D. “Guarding the guardians: A conference on editorial peer review.” JAMA. 1986; 256:2391-2392.
What happens with federal SORNA once an individual is no longer required to register in their home state? I am looking at definitions and statutes and I’ve been unable to find anything affirmatively and specifically stating what happens once an offender is relived of their duty in their home state. I mean, SORNA seems to be describing the crimes that require registration and it is federal law that you have to register and follow all the other IML etc.
US Sex Offender Registration Laws – updated September 2018
I did not even realize, and many others may not know, but up in legal at the top ACSOL gives a complete list of all state laws.
“There is no conceivable rational basis to keep someone on a state registry”
Of course I meant no conceivable rational basis to keep any low risk offenders on a state registry or even moderate to high risk after 8 years according to CASOMB’s own experts, or anyone without individual risk assessments..
So I hired a lawyer to go talk to the DA for me to get off the registry. The lawyer called me today and said the DA told him being on the registry is not punishment WTF!!! I was convicted on an internet sting. I was on an adult website the ad was of an adult the nude pictures they sent me was on an adult. I never even did a prelim the day of my prelim the DA told my lawyer I am going to offer this deal if he does the prelim then no deal and we go straight to trial. Me never being in trouble with the law I didn’t no any better and took the advise of my lawyer. The court didn’t think I needed to take classes they didn’t order me to stay away from any one under the age of 18 my fine was $150. The cops took 2 cell phones and my hard drive found no child porn no talking to minors they didn’t find anything. I cant get a job I cant get a loan to open my own business I dont know what to do anymore. Do they want me to start selling drugs and robbing people to feed myself? I find it weird that they dont think I need classes they didn’t give me any restrictions but they think I need to be on a list WTF?
Any one heard anything on Snyder V doe II, from Mi?
Man I hate to say it, but you would be crazy to take a deal in the situation that you explained if everything is on spot. I would have fought it to the end. I get that it is smart to take a deal in certain situations, but if you are innocent I would never take a deal and I would never stop fighting it either until all avenues were exhausted. Do not get me wrong, I am not saying it makes anyone weaker or dumber or smarter, it is just a personal call. I would have been much better off taking my 8 months alternative sentence and probation and one charge instead of doing 2.5 years in the pen, but that’s me, not the sharpest I guess. I was innocent of the base felony charges and I was not taking it lying down. So I am still fighting 15 years later by fighting to get off the registry. If I do not succeed here it is on to state court, that will be about the final stage I guess.
Anyways in your case, entrapment, ineffective counsel, insufficient evidence, procuring an arrest without probable cause, malicious prosecution, withholding exculpatory evidence, I am sure there are a few more in there.
Disclaimer for USA, I am not an attorney, anything I say is opinion and not to be taking as legal advice. Hows that USA? LMAO….
Hey sounds about right, AJ and I hit on all the same points pretty much. Although once again, for disclaimer USA, my opinion lol. I will NEVER let an attorney represent me again if it was something so important as this. I do not care, I would make a mockery out of it if I must if I did not know what I was doing, I repeat I would not care, the court would have to deal with it and guide me because if you stick to pro se in a criminal trial it is actually in your favor as the court has to address your issues and arguments regardless if you are smart or knowledgeable of the legal system. As long as you know what issues and claims you want to make who needs an attorney to talk you out of it or manipulate your claims as they see fit. Screw that, it is your life not theirs and NONE of them give a real shit about you. Ain’t no sweat off their ass if you go to prison. And you only get the one shot my friend if you go to trial, then it is appeals on the record only. I was under a contract as well and the frigging judge would not even let the jury see the contract or bring it up, my PD said nothing, screw that I would be jumping up and down in front of the jury telling them the judge is withholding evidence and they would have to put me in contempt and lock me up and have the trial without if I had it to do all over again if they did not let me pro se. If everything you state is true it is a no brainer as AJ states. Put it in front of a jury and fight for your life and DO NOT let them intimidate you in any way to budge from your claims and arguments or into not representing yourself as they did me finally in the end. They are your enemy and at war with you in that court room. The jury are ordinary people and look unfavorable at the cops and DA in many cases. If a jury heard your story there is no way, well cannot ever guarantee anything with the courts, but highly unlikely they would get a conviction under your circumstances, and as AJ stated, I would never plea if there was a chance I could win. I actually would not no matter what, unless I was actually guilty of the crime but that is just me.
Hell, in your position I would not even bother going back to the criminal element of your case at this time, I would go directly to civil court and sue the hell out of them for a couple million and get an injunction and declaratory judgement against all the individuals involved in your case that have violated your rights and caused you harm. Hell research it, file a summary judgment, it sound like there are no disputable facts that these individuals have violated your rights and are causing you continuous harm. Summary judgement motions seem pretty complex and they are a little, but it is in the range of anyone of average intelligence. Then after you get that cash payout go back in and withdraw your plea with that civil decision as back up. Use the civil court as a primer and see how convincing you can be.
I was told by a person at group counseling to check out this site.
I have been doing so for a while and have come to the conclusion that it like every other opinion forum. 5 or 6 people post their thoughts on some subject listed and that’s it.
Even worse, most of the subject matter is depressing and the responses are self serving. It would be nice to have knowledgeable authorities chime in instead of the “library lawyers” that have a response to EVERY article.
I spoke to a fellow RSO and we agreed that nothing we can do will change the legal landscape ( a weed in a field of weeds if you will ). The current senate proposal will have many of us off the registry in a few yrs. from there I will put this behind me. I have had no issues with the “system” since my conviction. No jail, small fine, and life has gone on. My life certainly isn’t the same, but then shit happens, and I roll with it. Life could end tomorrow or in 40 yrs. , bitchin’ About how you got screwed won’t make a difference. And in today’s world, only money and public opinion matters.
You folks keep up “ the fight” though, if it keeps you warm at night.
This could be interesting: “ACLU sues government over social media surveillance” https://www.sfchronicle.com/nation/article/ACLU-sues-government-over-social-media-13542646.php
This may help build a base for a better, stronger challenge to 34 USC 20917. There’s an embedded URL to the ACLU site where you can d/l the rather brief Complaint.
“I spoke to a fellow RSO and we agreed that nothing we can do will change the legal landscape ( a weed in a field of weeds if you will )”
You could not count how many inmates, guards, sergeants, captains, lawyers, etc told me I could not win when I filed my appeal for half time while locked up. Well against all odds I got it, and “No jail, small fine, and life has gone on.” Some are affected more than others by this registry and have done a lot more than no jail time. And many more are still being effected severely in many cases. I agree, it would be nice to get some professionals on here and I have recommended it a few times, but it is not going to happen. We who wish to fight are on our own. Many Pro Se cases have been won, and hoping mine will be the next. Never happen unless someone tries. I really think my most recent filings with the judicial notice is as good as it gets, more evidence and better/more arguments than any lawyer has brought any where at this point. Call it bragging or whatever you want, it is just fact.
http://mllkeys20112011.wixsite.com/mysite
Pro se do win.
Gideon v. Wainwright 372 U.S. 335 (1963)
Gideon was an uneducated and destitute drifter charged in Florida with breaking and entering for the purpose of committing a petty theft.
Robert Kearns, the guy who invented the intermittent windshield wiper
Ask AJ he can probably name a hundred successful pro se cases.
Well there are a lot anyways, and I have won demurs, 602 appeals, minor civil suit cases, even beat a DUI case at DMV….
Also, IDK Chris, punctuation and grammar is close to alright so it may just be another in the same vein as USA, or you could be right, good observation for sure. It sure sounds like that same garbage. AJ, biting your tongue. Got to watch that blood, do not get any on your shirt, hell to get out, lmao.. You guys all hit it already so I will leave it at that.
And that is a bill and not just a proposal anymore, SB 384 to be exact, that is still in the making even though it is already signed into law, crazy I know, here is a blank check legislators, fill in the blanks by 2021 and its all cool. Puts way more people on then it takes off in its current form.
I think I have my passport letter. I just got home from out of town and have a pink notice from the USPS saying they tried to deliver a certified letter. I will go see tomorrow (Monday).
At least I can get it over with before my next travel attempt instead of worrying that I will arrive in Spain and find out my passport has been cancelled.
Move over Sex Offenders, the list is about to get bigger. Meet your soon to be fellow Domestic Violence Registraint brethren. Washington State has both a House and Senate bill creating a public domestic violence registry working its way through the legislature. Here is how the Senate bill starts out…..
NEW SECTION. Sec. 1. The legislature finds that domestic violence is a serious and pervasive issue facing many Washington families and communities, and many of the most severe crimes that occur in this state are those involving intimate partner and family violence. Domestic violence offenses carry wide ranging effects, including injury to mental and physical health, erosion of economic and housing stability, and vicarious victimization of children, who are often bystander witnesses. Washington state data demonstrates a high rate of reoffense among perpetrators of domestic violence, and there is currently no way of knowing whether any particular person has an offense history in absence of a criminal background check or court records request.
The establishment of a searchable public registry of serious domestic violence offenders is an important step toward preventing future victimization and reducing overall rates of domestic violence.
Interesting/Ironic news this morning: I was reading about the kids in the MAGA hats who got in a confrontation with a group of African Americans, and then Native Americans. It seems the story has changed as new information has come out. But several stories mentioned how the kids from the Catholic school were being “Doxed”. I’m old, and not up on all the lingo. I didn’t know what “Doxing” meant so I looked it up. The registry is a legal and accepted form of Doxing, as it turns out. And it seems that everybody in the country thinks Doxing is a bad thing………unless those being Doxed are Registered former Sex Offenders. Then it’s okay. The hypocrisy of our society never ceases to amaze me.
The red notice was indeed from the Stank Department. I got my new photo at Walgreens and mailed it back in. But I may not get my passport. On the page where they advise me I have been convicted of a sex offense against a child, I wrote, “This is bullshit and you jerkoffs know it.”
I would like to start a travel site for registrants. I would like to have forums where we can all talk. I will pay for everything. Does anyone know how to do this? I have been trying to find a prebuilt forums site to sign up for, but it’s apparently not that simple. Anyone? Help please?
Just curious, why does the 5th amendment NOT apply when registering? It seems like a catch 22, if you move, you shouldn’t be compelled to put an address. But if you haven’t moved there is no threat of punishment to be avoided. Idk.