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Let us say a prayer for our brothers and sisters in Florida who will be denied emergency assistance (because of their registration status) in one of the shelters because of Hurricane Dorian…Hopefully they will be able to ride this cat 5 Hurricane out..I am sure that dui daddy and his snowflake daughter will be more than ok….

“DUI daddy” LOL. Probably plead to a “Lesser charge”.
“Favorable” judge preserves Book legacy. Good luck to everyone else in Florida.

Three years and a mandamus later the crux of the general issue is on full display. The people in the State of Michigan are blatantly ignoring judicial impetus but why? The unpopularity of acting constitutionally? What farmer or rancher opts to advertise the worst of his crop or flock on a world wide scale? Certainly not not the one who stays in business for long. That is plain logic. Yet that was the choice made in 1994 by American politicians AND approved of by Supreme Court Majority. The unfettered and unconstitutional use of the database machine where humans are enslaved… Read more »

https://www.nytimes.com/2019/09/04/us/politics/terrorism-watchlist-constitution.html#click=https://t.co/rVnqZZ8cT7

FBI secret Muslim registry database was just found unconstitutional! Judge said it impeded Constitutional Rights of Americans. Keeping them from traveling, etc. 1.2 million people were on the list being turned back or told they couldn’t get on a plane, etc. Sound familiar?? Those put on list included people who were acquitted of terror-related offenses or had charges dropped! Judge found this registry banned Americans(!) from international traveling, which is unconstitutional! THIS is step to right direction regarding IML?

It’s certainly good precedent. I’d like to read the opinion. And I would like to know A.J.’s opinion on the opinion. We’ll see if we “sex offenders” must remain on our own “terrorism no-fly list.”

Jun,
Yes certain uses of the gov database are ignorant, intolerable and unconstitutional!
The two parties are only interested in political security.

I just read the opinion. It’s got great stuff with lots of case law to back it up. Most of us are familiar with a similar Scotus sex offender challenge from 2003 called Connecticut DPS v Doe. We lost that because potential dangerousness was not part of the scheme and it was merely an easy to access list of those convicted of certain crimes with data that was publicly available. Now that being on the list denies us travel and government housing as well as the thousands of other restrictions and jobs, they can no longer claim the list doesnt… Read more »

But, as many know, the problem is that the US is not banning registrants from traveling or entering other countries – it is the countries themselves that refused us entry.
The lawmakers were very crafty in writing IML this way. It’s still an uphill battle to argue that IML is unconstitutional.

@David

Interesting. With that, then is the USG enabling the either countries to refuse entry by choice through notifying them of public information and potential inferred danger without assessment that otherwise wouldn’t have necessarily been known prior to arrival?

A good read to underatand where Gorsuch stands:

https://time.com/5670400/justice-neil-gorsuch-why-originalism-is-the-best-approach-to-the-constitution/

I think he will be on our side if we can ever get good cases in front of him.

Thanks for the article link @Chris f. That was a good read. Apparently it is an excerpt from Gorsuch’s new book, “A Republic, If You Can Keep It”. I’m going to buy that book and read it. I liked this bit from the article: “Like United States v. Carloss, where I ruled that the police violated a criminal defendant’s Fourth Amendment rights by entering the curtilage of his home without a warrant despite four conspicuously posted no trespassing signs.” It was a dissent, actually, that Goresuch wrote in that 10th circuit case. It must be time for some conspicuous posting!… Read more »

@CR:
I posted something about this a month or two ago. There are some law professors who’ve leveraged the whole idea into “LAWn signs”:

https://fourthamendmentsecurity.com/lawn-signs/ (take note of the embedded URL in the word “here”).

After looking at your 4th amendment link I have a question: Does being a RC (or any prior conviction) provide reasonable suspicion to detain for the police? (Certainly doesn’t provide probable cause, right?) I’m unclear on that, for example, if I were driving my own car in a different state. Does a prior conviction alone allow police to detain me/my family and begin investigating? I have a piece of paper saying my constitutional rights were restored to me (excepting carrying a hand gun). I’ve assumed that was actually true but I wonder.

@[unknown]: “Does being a RC (or any prior conviction) provide reasonable suspicion to detain for the police?” —– Standing on its own, almost assuredly not. Reasonable suspicion is something more than a hunch, but less than concrete proof. It’s based on a set of specific and articulable facts (behaviors, sights, sounds, prior convictions) based on a TBL’s training, experience, and intuition…but if the TBL can walk someone through the thought process, it’s probably legal. Note that this does NOT apply to CBP. CBP can and does use convictions as reasonable suspicion. However, I’m sure if push came to shove they’d… Read more »

Thanks for this detailed response! Really helpful perspective.

Thanks for this detailed response! Really helpful perspective. I’ve told you before I’d buy you a beer… anytime and anyplace :). Let me add another hypothetical. What if I try to pull the “I don’t answer questions” stunt that 1st amendment instigators like to practice when they get pulled over or are filming federal courthouses (not sure whether you’ve ever seen the videos of those guys?). Point being, what’s my response to that LEO who pulls my family car over out of state because the cameras on his cruiser automatically ran my plate (hit!) and he sees kids in the… Read more »

@E: “What if I try to pull the “I don’t answer questions” stunt that 1st amendment instigators like to practice when they get pulled over or are filming federal courthouses[?]” —– You can certainly do that, since your First Amendment rights have been fully restored. Just keep in mind that you’ll get a similar, if not stronger, response from TBLs than do those (I assume) people who are conviction free. ===== “what’s my response to that LEO who pulls my family car over out of state because the cameras on his cruiser automatically ran my plate (hit!) and he sees… Read more »

Thanks so much… extremely helpful to think through, and understanding the jeopardy I’m in just for existing, especially in a different state driving a car that is registered.

@AJ, E, etc.: AJ, lots of great advice there. I drive in other states a lot. Most often it is in rental cars so I don’t worry about law enforcement criminals (LECs) much. But I’m just waiting for the criminal regimes to figure out that “loophole” in their stupidity and harassment and try to create “laws” that require rental companies to report all RP rentals immediately. They could then put the license plates in their automatic readers or whatever. If that were the case, I’d probably just have someone else rent the car, but whatever. The criminal regimes would enjoy… Read more »

I am going add to what @AJ said and reiterate you are allowed to record the TBL while doing their job even during a traffic stop. Courts have said so. I have seen it recommended in several places to use an app (or other camera if you have one installed) if you can to surreptitiously record the stop thus allowing you to record you are asking questions #1 and #2 above, etc. If they want to throw around you were being difficult, etc, do what the video media has allowed us to do, let’s go to the film for a… Read more »

@TS: “I have seen it recommended in several places to use an app (or other camera if you have one installed) if you can to surreptitiously record the stop thus allowing you to record you are asking questions #1 and #2 above, etc.” —– Yes, and you want to have an app or camera that automatically and (nearly) instantaneously uploads to the cloud. TBLs have been known to re-aim, cover, turn off, etc., cameras and recording devices the notice. As with any human being, TBLs act differently when they know they are being recorded. ===== “Also, don’t forget to get… Read more »

@TS, et alia: And from down/out/over in Mississippi, the local yokels are facing a Federal lawsuit (1st, 4th, 14th Amdts.) for how they handled two guys who were filming here and there around town–not even TBLs, from what I gather in the article! One thing the Plaintiff may want to consider next time: don’t do it when you have an outstanding warrant. D’oh! 😖 According to Wikipedia(https://en.wikipedia.org/wiki/Stop_and_identify_statutes#Obligation_to_identify), they weren’t even required to give their identities to the TBLs. And yet the Plaintiff was given a ticket under the claim of “disorderly conduct”, which they later (and apparently illegally) changed to… Read more »

@AJ

Minor warrant issue, but what where the Sheriff, Deputy, and Judge thinking?! That’s crazy! I wonder if they’ll use phonics to teach the Constitution lessons? 😆

Thanks for this. Just ordered a copy. I’ve mentioned our return to being a constitutional republic in other posts. Always have been, but previous administrations (last 2 – 3 decades) have brainwashed the people into calling our country a democracy. Which is a devilish trick, because we PRACTICE (verb) our democracy as a Constitutional Republic. Not, we ARE a democracy (in noun form). See. As “a democracy” we have registries. We also have the victimhood culture that is given nearly all of the rights to take AWAY the rights of Americans who offend them. A Constitutional Republic does not and… Read more »

I am quite excited about our country and where it’s headed. And my love for it never went away, as much as I’d thought it had. —————————— What gives you your sense of optimism? I read your post and was thinking, “ya, there’s no way to get our republic back.” Not with so many forces arrayed against it. The most powerful being one you didn’t mention: brainwashing kids for the last 30-40 years in public school, which has taken us exactly to where we are in this debate about republic vs democracy (which you laid out eloquently). But I don’t… Read more »

@Chris f: “I think he will [Gorsuch] on our side if we can ever get good cases in front of him.” —– I 100% agree. He really seems to see how far off course our country has gone with so many SCOTUS interpretations over the decades. Unlike most his colleagues, he doesn’t automatically spout stare decisis. If we can get a few more like him on the bench, there may be hope for this republic after all. I got a copy of his book on release date (9/10), but have yet to crack it open. I hope it’s a good… Read more »

Maybe we should be pushing to all be declared “Disabled” since we can’t find decent jobs, housing, or peace and be covered under a protective class status.
The Registry is State to State “administrative”
Pretty sure as long as that word remains in there they don’t have to abide by the Federal Laws or the Constitution apparently.
And IML is Harassment, plain and simple.
Hopefully someday we’ll see Law Makers stick to the truth as well as calling a spade a spade.

*sigh* Another week of nothing out of the 10th on Millard. That’s now 295 days since argument on 11/15/2018. Wow, that’s slow! Is it excessive case load that’s slowing them? Is it a tough call to make? Is there in-fighting? It sure would be nice to have a decision one way or the other.

AJ, here is a link to some stats for federal courts for the past year ending in June 2019:

https://www.uscourts.gov/statistics-reports/federal-court-management-statistics-june-2019

The summary table for US Courts of Appeals shows that the median time from filing an appeal to disposition for the 10th circuit is 9.0 months. That’s a median. They’ve already exceeded that for Millard. I didn’t notice a range.

The table shows 2014 through 2019, and that median time has grown longer over the years.

Bummer, but we just have to wait it out.

Another interesting article on Gorsuch with RBG and their opposing views.

https://www.google.com/amp/s/amp.cnn.com/cnn/2019/09/10/politics/rbg-neil-gorsuch-welcome/index.html

I love his response to her examples. Really defeats any argument about justices thinking they can take it on themselves to re interpret the constition to the temporary or permanent whims of the people. If it is a permanent change in the thinking of the people then it will be added to the constitution and justices shouldnt take it on themselves to bend it…like in 2003 when retroactively punishing sex offenders seemed like a good idea.

CERTIFICATE OF REHAB…I have a court date next month is Los Angeles Superior Court for my application for a COR and since I worked with the Public Defenders Office I do not know what to expect in Court? I was told just show up on time. I need to find out from someone who has gone through this and learn what to expect my offense is 664/288(a) . Any insight on that day and then afterwards will make me feel more relaxed
Thanks

Well people you do not see me on here much lately as I am extremely busy with college, work, and family, but here is my latest going to the 9th Circuit.
https://ufile.io/cu0ownce
Fight it till the end…………

https://apple.news/AoVht0BxiTIiuBxr0wq_V4Q

The Judge in the Brock Turner case is being treated as a SO, can’t even hold a job after being recalled.

Go @miker Go

Best of luck with this appeal! I don’t think people realize how your one Pro Se case could be the catalyst that takes down the registry. You cover all of the Constitional violations and use all of the arguments that have been posted here that dont get touched by regular attorneys with no skin in the game. It is obvious why nobody else makes it this far after seeing what you have gone through. First, every argument you make gets ignored because they just cite irrelevant other lost sex offender cases and dismiss your case. Then, when you go to… Read more »

A.B. 1215, a three year ban on police body cam face surveillance technology, needs our support. Later we can continue the fight for a permanent ban on this dangerous technology. Imagine what a simple traffic stop might be like if there were a school or park either up or downstream of the road we were on, not to mention what could happen with officers having issues with sex crimes.

https://www.activistpost.com/2019/09/victory-california-senate-votes-against-face-surveillance-on-police-body-cams.html

So sex offenders aren’t the only ones the government puts in a position of not being able to make a living to rise up out of a hole?

https://www.forbes.com/sites/nicksibilla/2019/09/13/supreme-court-traffic-stop-case-could-drastically-limit-drivers-fourth-amendment-rights/amp/

Even if the case prevails it will only scratch the surface of the issue. It won’t do anything to stop states from revoking licenses from poor people that can’t pay fines and thus get deeper in debt.

From the article: “Rallying behind the state, the U.S. Department of Justice, 17 state attorneys general, and several law enforcement groups have all penned amicus briefs that largely echo Kansas’s arguments.”… ie, all monetary recipients.
“The National Fraternal Order of Police claimed the Kansas Supreme Court decision “jeopardizes police officer and public safety.””… ie, all monetary recipients. And how does it “jeopardize[] police officer and public safety.” Because they have parking tickets?

The premise of someone driving a registrant’s car by a school sounds familiar when LE stops people under the same thinking without further infraction needed to process a stop.

@Chris f: Thanks for posting this. I read this case a month or two ago and am waiting with not-quite bated breath for oral arguments. I don’t see how KS can overcome the reasonable suspicion standard, as it truly was a hunch. I would even say it was purely on a hunch that the TBL even ran the plate, since apparently the vehicle was doing nothing wrong. This case has important outcomes for RCs and those with whom they share vehicles. People on here have reported being pulled over in CA for nothing other than an ALPR hit for being… Read more »

After reading about the brutal attack on the Medesto man falsely fingered as being a registrant, I contacted a source and bought a hand gun. So I’m a felon. So it’s illegal. So what!
As an outcast, I figure I am on my own for protection and preservation. As former military that has seen combat, I have no issue with taking a life.

@Try me:
The funny part is the Government cannot compel you to register; SCOTUS ruled it a Fifth Amdt. self-incrimination violation (https://en.wikipedia.org/wiki/Haynes_v._United_States). Some changes were made to the law to try to fix things, but the underlying problem with the Fifth remains. From the URL:
*****
The original Haynes decision continues to block state prosecutions of criminals who fail to register guns as required by various state law gun registration schemes.
*****

As long as it’s just for last resort defense I support your decision.

I also hope you are posting from an anonymized IP.

Gov. Newsom grants executive clemency to 21 individuals, many of these people had very serious crimes.

http://www.lakeconews.com/index.php/news/62605-gov-newsom-grants-executive-clemency-to-21-individuals

Interesting. The great majority of them involved a person’s death yet none of them involve a sex crime.

Yes, apparently being involved in a murder makes you safer than someone that looks at a nude photo of a 16 year old. Makes sense to me…?

Question for you guys in California with kids in school. How do you ask the school for permission to visit the campus? I think the law says you need written permission but I’m not sure it says your request needs to be in writing. My kid started his senior year of high school and there’s a parent meeting next about the college process. I should probably go to that so I know what’s going on. I’ve been avoiding any school stuff with my kids for the last 5 years but this is very important. I don’t understand how this is… Read more »

It could be risky for you if you don’t get permission in writing. Trust no ones verbal approval. You just need to get a simple note of approval stating they know you are a registrant. They may require you to be supervised at all times while on campus. The risk is too high to not have written approval from a school or district administrator.

See that’s the part that scares me, that they’ll assign someone to escort me. Basically, that I’ll be singled out and people will know. I don’t want teachers or staff to look at my kids different.

There is no way I would ever go without following the proper procedure spelled out in the law.

I’m actually paralyzed into inaction at this point. I very much want to go to this meeting (and any possible future events like any parent would) but I’m afraid of what will happen once the school knows about me and any possible consequences to my kids.

The ONLY thing I would worry about would be is if other children found out then they will start bullying your child. That is guaranteed. Other than that (which is significant, of course), I wouldn’t worry about anything else. I stayed involved 100% with everything my children did in school. I wasn’t going to let the idiots stop me or slow me down. Luckily, I live in a state that is not so dumb that they pretend to believe that Registered People being escorted in schools does anything useful. Only truly stupid people believe that is necessary (as opposed to… Read more »

Research. Ask.

See if there are any published written policies at the school or district level.
Failing that call and ask or have someone else.
Alternatively, one could “livestream” the whole thing, Skype or whatever if there was someone else you knew attending. With a large enough tablet it would be ok. Just say you are on business out of town.

@JesusH:
Perhaps your wife or kid could FaceTime/skype it for you. If the school is told ahead of time that you’re unavailable to attend in person but want to be involved, they may okay it. I would definitely check it out ahead of time if following this route. Just starting it without advance notice will probably get it stopped–bureaucracies spook easily and react sternly.

@JesusH: One part of me says don’t be scared, be there for your kid. The other part worries about what you stated as consequences to your kid.

Your “kid” is now an adult. If you haven’t, you need to have some real adult discussions with him/her. Let him/her decide and abide by that decision.

I have school-age children and remain active with their teachers, meetings on campus, etc. I write to the administrator of the school, a principal usually, and briefly explain my status and my desire to attend whatever it is. Our schools have been accommodating and respond quickly with a written letter of authorization. There is no escort, they only ask that I sign in at the office during day time hours but some events, like a PTA meeting, are at night so that doesn’t apply. To my knowledge, teachers and other staff are not aware. Good luck and if you ask… Read more »

@Will Allen:
“I live in a state that is not so dumb that they pretend to believe that Registered People being escorted in schools does anything useful. Only truly stupid people believe that is necessary (as opposed to escorting/supervising ALL people).”
—–
It serves their true purpose: dissuading many RC parents from even coming on campus. That, and appeasing the Chicken Little sheeple, is why it’s done. Think about it, what better way to throw a flashing red arrow that says, “there’s something about this person we don’t like/trust”?

Hi. I just got a visit from the DCS (department of community supervision) with the upcoming Halloween restrictions. In the past those registered and on supervision had to stay in their home during a certain time frame on Halloween night.

This year we have to report to the Sheriffs Office from 5:45pm to 9pm.

How can DCS just make up new restrictions?

What State are you in? Are you on Parole or Probation?

This is in Georgia. From the discussion I had with the DCS officers, any registered citizen on any type of supervision is affected.

I really don’t get that “people” who support the Halloween nonsense don’t seem to realize just how thoroughly moronic it demonstrates they are. The question I always have is do the probation/parole people think it is a good idea or are they only doing it to pacify the stupid “people” who comprise most of the public? I do believe that most probation/parole people have below average IQs and/or personality/behavioral problems. So perhaps it is them. I don’t know. But I’ve got to think that any benefit that could be briefly gained by these types of actions is surely outweighed in… Read more »

@Will: Thanks for the comment. Two DCS officers visited me, before I even saw the paper with the restrictions, one said “don’t shoot the messenger”. That one knows I fight, I object, I write, and I support reform in more than a few ways. Nazi Germany came to mind but I didn’t mention that as from previous dealings with her, I know she has compassion for us (I truly believe she is just obtaining a paycheck). I went on to state that this is all ridiculous, and asked “when was the last time a registered sex offender committed a sex… Read more »

@R M:
“this year, it was changed to having to go to the Sheriffs office. Why? My only guess is that it is too much effort and money for them to visit us all on Halloween night.”
—–
Don’t forget the other angle: it’ll make for good TV. That way they can show how they’re keeping Halloween safe for kids. I can practically hear the head TBL If it doesn’t make the local news in some manner, I’d be stunned.

@R M

Please, oh please, record this visit to Sheriff Roscoe’s office using whatever you secretly can without getting caught and then post it for us to either watch or listen to. If you are comfortable with it too of course. You have the right to do so. Same with the next visit. Sounds like it would be entertaining to either view or listen to as you lead them by the nose through a comedy act.

@TS: I have 8 outside video cameras (one of which points to my front 4 foot gate which they enter and one pointed to the front porch where they stand at my door). Six others record the sides and back yard. Just these have recorded my DCS (one of them) officer threatening to shoot (yes shoot, like with a gun) my dog, which I didn’t even have yet (I just asked if he had a problem with me getting a dog (I didn’t need to ask, was just being inquisitive as to what he would say)) and a neighbor who… Read more »

f that crap. Id say f you and go to prison. Me personally. not telling you what to do. They are not gonna rip me from my own home when im a free man. Wtf, That really upsets me. We all need to fight this bull crap this stupid cops thinking they are actually doing something. Whats stopping you from doing something at 9:01? Your such a danger to the community they might as well forget where they put the key to let you out. What a joke.

@blake:”f that crap. Id say f you and go to prison” Would you risk going to prison for up to 30 years for a violation? If so, why aren’t you in prison now? Just a question. “Whats stopping you from doing something at 9:01?” Nothing at all, except the restriction also says go straight home and be there until 6am. Again, would you risk going to prison for up to 30 years for a violation? I agree but it’s not a joke; there are consequences to these stupid restrictions. I do fight but I’m not willing to be locked up… Read more »

1st question is my answer is yes. i have kids and if someone tries to come tell me i have to leave my children and go to the police station and be DETAINED for not doing anything yes i will fight. I am however not on probation so i have not been put in that situation. For your second statement in what mind is going to prison for 30 years seem even remotely sane for not commiting an actual crime against another human being? SO yes i would say staring down the law and holding onto my pride if it… Read more »

I just wrote and sent an email to Avery Niles, the head honcho of DCS. averyniles@djj.state.ga.us “Dear Mr. Niles, I am writing to express my opinion on the new Halloween restriction placed upon Ga registered citizens. In the past, they have been forced to stay at home on Halloween night (with other restrictions included). This year, YOU decided they must be rounded up in the nearest jail. WHY? “The mission of the Georgia Department of Community Supervision is to protect and serve all Georgia citizens through effective and efficient offender supervision in our communities, while providing opportunities for successful outcomes.”… Read more »

Oh btw, I’, guessing they know I’m a registered citizen. I was invited to a DCS board meeting a few months ago (I think the meetings are held every 3 months) after inquiring if the meetings were public. They said yes. A few days before that meeting (while I had already traveled to Atlanta for a second reason, but was still in the area), they stopped responding to my emails.

IF it was up to the public we all would be shot and hanged no matter what we did. anyone convicted of any sex offense would be publicly shot if that was a choice to the public. Never forget the police are getting paid and they would surely not put up a fight. Im sure the laughed about your situation even though most cops are dirty and do stuff that would surely get them sent to prison. The legislators are always gonna have to have a boogyman to seem like they are doing something. Right now its us. I feel… Read more »

@blake: No one is going to care much what happens to people who are listed on the Registries. OR their families. Registered people could be murdered every day and most “people” would still want the Registries. What needs to happen is something to THEM because the Registries exist. Then people MIGHT care. Terrible things need to happen to people who support the Registries, because they support the Registries. To millions of them. That is the only way they will care. If people who supported Registries were told they could not have a smart phone as long as the Registries existed,… Read more »

@R M: Nice letter to the head jerk. I wonder what sort of latitude a PO, let alone Sheriff, actually has to forcibly detain someone without probable cause or reasonable suspicion. I get that being on paper means reduced rights, but part of probation is NOT being incarcerated. They’re doing just the opposite. Common sense (yes, I know that’s a dangerous idea when it comes to the courts) says an injunction should be possible, especially given the State would have ZERO data to show the previous method of “house arrest” hasn’t worked. But that’s money, time, and money. Perhaps post-fact… Read more »

@AJ: I have reached out to NARSOL/RSOLGA asking how restrictions of supervision (I’m not on parole or probation but on Community Supervision for Life (sigh, not really life as there is a way off)) can be changed just at the tip of a hat. My original conditions mention nothing about Halloween.

@AJ: “Common sense (yes, I know that’s a dangerous idea when it comes to the courts) says an injunction should be possible, especially given the State would have ZERO data to show the previous method of “house arrest” hasn’t worked.” How would I impose an injunction on this nonsense? I have money. I also did some research: Conditions of supervision: https://www.courtlistener.com/opinion/4510788/united-states-v-joseph-canfield/ https://www.uscourts.gov/about-federal-courts/court-role-and-structure A district court must satisfy three requirements in impos- ing a discretionary condition of supervised release. 18 U.S.C. §§ 3553(a), 3583(c)–(d). First, the condition “must be reason- ably related to (1) the defendant’s offense, history and char- acteristics;… Read more »

@R M: Sounds like you need an attorney and to get into court. WTF is this CSL nonsense anyway? Is that from Georgia or elsewhere? I think I’d have to get into court and try to get boundaries set for that. Otherwise, I’m certain that the criminal regime of Georgia will try to do anything they think they could get away with. They are criminals after all. I do wonder if you could get the Registration part “separated” from CSL. I lived in Georgia and was put on probation in another state. So I was serving the probation in Georgia.… Read more »

@R M: I guess I’m unclear on what exactly CSL is, as I thought it to be some form of probation or parole. As such, I’m not sure how that affects things. However, you should only be subject to whatever a judge said when the CSL was started. Since you’re in a different State than your conviction, you have the added layer of ICOTS (now called ICOAS). Under ICOTS, you are subject to the union of your convicting State’s and GA’s general (as in broadly or universally applied) supervision rules–to a point. Also under ICOTS, the GA agency is a… Read more »

@AJ: You said “Under ICOTS, you are subject to the union of your convicting State’s and GA’s general (as in broadly or universally applied) supervision rules–to a point”. You are correct…. but neither states conditions say anything about Halloween. This Halloween bull was initiated by the Department of Community Supervision (DCS) board. DCS is who “supervises” those on parole, probation, and CSL/PSL. Not just RC’s but also other persons who were convicted of a crime. Like I said… neither states conditions say anything about Halloween. In the years passed, we had Halloween “detention” at home. This year, that got changed… Read more »

@R M: There’s a big difference between their telling you to keep your house dark and quiet and hauling you into custody. Neither is proper, but the latter escalates it a whole bunch, IMO. If you cannot get an injunction prospectively, you may have to go along for movie night to avoid the risk of getting jailed and/or sent back to your convicting State. No matter what, I’d have an attorney aware of what’s going on–heck, I may even ask my attorney to give me a ride and accompany me! 🙂 Once there, I would immediately and repeatedly ask, “Am… Read more »

@R M:
Maybe you should ask for an outline of the meeting agenda. 🙂 If the “mandatory meeting” is a false pretense and you’re instead subjected to a “lock in” Movie Night, they may have a tough time defending themselves. I’d absolutely have an attorney involved as much as possible and would record as much as possible. If they seize your phone (another possible 4th Amdt. issue), I’d be sure to take copious notes.

@AJ: Thanks. I have contacted NARSOL and RSOLGA and ACSOL. So far, none have told me positively yup, let’s take this to court. A lot of the communications revolve around what CSL actually is. Most states have parole and probation. NJ (and I think NC) have CSL which was later changed to PSL….. both are like on going parole. There’s no difference really except CSL/PSL are lifetime with a way to get relieved after so many years of being crime free. But even a technical violation resets that clock to zero. Technical violations are considered a felony too (it has… Read more »

@AJ: I am going to take my phone with an additional battery; I am going to take an additional audio recording device. I do not know if these are allowed inside wherever they put us though. The usual lawyer I use/consult is in the middle of a murder trial. He said he wouldn’t be available for a consultation for a week or so. He did say “As far as added restrictions from the Department of community supervision, they are given wide latitude in regards to hell persons under sex offender conditions are supervised.” Not sure what the typo is with… Read more »

Eh, just sent an email to the city manager requesting to bring in electronic devices into a courtroom (as that is where we will be detained). “Dear Mr. Barber (City Manager), I will be one of the unfortunately and illegally detained persons who have to spent the evening of 10/31 at a “mandatory meeting” as defined by DCS. I would like to and request permission to bring in my cellphone and an additional recording device. Per the website at https://www.valdostacity.com/municipal-court/court-rules-conduct-and-security I need permission from the court. I am asking and requesting from you, the City Manager, for this permission. There… Read more »

Sent another email, this time to Michael Nail, DCS commissioner of Ga: sent it to the only contact I found at webmaster@dcs.ga.gov Hopefully it get’s routed to him. “Dear Mr. Nail, I am writing to express my opinion on the new Halloween restriction placed upon Ga registered citizens. In the past, they have been forced to stay at home on Halloween night (with other restrictions included). This year, YOU decided they must be rounded up in the nearest jail. WHY? “The mission of the Georgia Department of Community Supervision is to protect and serve all Georgia citizens through effective and… Read more »

@R M: I did a search using these criteria: michael nail “@dcs.ga.gov” (yes, include the quotes in the search) and found his email address. BTW, this works almost all the time for pretty much anyone in government. At some point they’ve given a presentation, or been to a conference, or whatever, where they post their email address. As for the courtroom/recording issue, that should only apply if court is in session. If they argue security concerns for the layout of the room, that should be voided by the fact they will let a sketch artist DRAW the exact details all… Read more »

Thanks AJ, I will email him, michael.nail@dcs.ga.gov directly in a few (actually done already).

Updates:
My lawyer responded with “Raise it with the group [RSOLGA] and see what they think. You’d probably get a more serious response from Department of community supervision if someone like the southern poverty Law Center or ACLU got involved. between now and Halloween I don’t know if I could even schedule a court date to address the matter.”

So, I have just today contacted both the SPLC (Southern Poverty Law Center) and ACLU branch in Ga.

We’ll see if ACLU, SPLC, or Nail answers.

Anyone know if a PA SO that no longer needs to register in home state PA, Moves to Ohio needs to reg in Ohio? Looks like you only need to if you’re req to reg still in your home state.

@Mcfly: The best source is probably the OH SOR people, though I’d still take what they say with a grain of salt and check it out myself in some manner. I’d call them–ideally from a non-identifying phone number–and speak generally. “I’m relocating from a State where I no longer must register. Under what circumstances will OH require me to register, if at all?” Actually, before calling them I’d also scour the OH SOR laws for any mention of “like offense” registration requirements. Even then, I’d check where I’d fall in OH’s laws if I had been convicted there. The more… Read more »

Update on my case against the Registry Fee in Utah. The Administrative Law Judge ruled in favor of the State Office of Debt Collection. The judge stated he lacked jurisdiction and authority to rule on constitutional questions, and so he threw out my Ex Post Facto and Due Process claims. One of biggest issue reside here: UCA 59-10-529, “If there has been an overpayment of any tax imposed by this chapter, the amount of overpayment is credited as follows: (a) against an income tax due from a taxpayer; (b) against: (i) the amount of a judgment against a taxpayer, including… Read more »

Give’em Hell @JD Utah in SLC!

Um, so this interesting case result is on the wire this morning and makes for an interesting discussion perhaps when it comes to SO laws and exposing one’s female self upper half:

#FreeTheNipple wins victory in Colorado
https://www.fox4now.com/news/national/freethenipple-wins-victory-in-colorado

From a legal standpoint, there’s a CCOA split between 7th and 10th, so SCOTUS could judge next if another appeal was raised (I’m betting from the 9th).

From an exposing body parts view (ahem), will there be reconsideration of previous exposure convictions or repeal of the law going forth?

Americans have selective outrage when it comes to sex!

Sex is bad. It’s all bad…… unless it’s something I like, then it’s okay.

Welcome to America, a nation forever in it’s adolescence, thrilled by violence and obsessed with sex, titillated by LGB, scared by anything’s Trans, overall rather pathetic. MHO.

I’m traveling to Hawaii soon and I’ll be there for ten days and not longer Dumb question but do I need to let law enforcement where I register annually know of this travel? IML doesn’t apply correct? I saw the Hawaii codes and it says that I don’t need to register with them as long as I don’t stay longer than ten days. Anyone been to Hawaii and face any problems? Thanks for your comments.

@James

Aloha! As we’ve discussed here before there is a three-day or more travel away from home across state lines Federal travel notification requirement for your registering jurisdiction to know you are leaving the local area. If you open the matrix above where the travel notification durations and moving duration notification information is, you’ll see on the bottom of the first page what is annotated related to this.

Thanks TS. Better safe than sorry so I’ll make a visit to the police station. CA is non-federal SORNA state but better erring on the side of caution since this is about the SOR.

@James:
CA being SORNA compliant or non-compliant doesn’t change your obligation as a citizen to comply with the Federal law. CA can thumb its nose at the Federal law and ignore SORNA requirements all day long due to the Tenth Amendment. Individual citizens have no such right.

As well, some States have their own requirements to notify if being out-of-state for some period of time. (I don’t know how many States do this nor what their timeframes are.)

No questions are dumb questions when the registry and possibly being subject to felony charges is involved. Whether you need to inform your home registering agency of the travel is likely dependent on your state. Some states may require it if you are going to be away from your registered address for a certain number of days. Since Hawaii is part of the US and not international travel, IML doesn’t apply. Be careful when staying right up to the limit of days that triggers registration. I’m not sure what Hawaii’s code says, but being present in the state on the… Read more »

Thanks JuniorSD. The Hawaii codes say, “for more than ten days“ so I should be good as long as there’s no flight delay or an act of God to put me over to more than ten days.

UPDATE 290 REGISTRATION WITH RING VIDEO MORE HARASSMENT ! https://ring.com/share/6738761442134926577 (rings doorbell and almost leaves… then roomate walks out) https://drive.google.com/open?id=17Fqo8RSs5CRifpMbCUS28Cchwv80isyV (ring doorbell share screwed up so I had to DL it and share it on my google drive) https://ring.com/share/6738762399912633585 As many of you may recall the SAN DIEGO PIG Sheriffs came out a month ago to “compliance” check if I live where i’ve registered to…. AND I POSTED MY RING DOORBELL VIDEO OF the LIES and THREATS THEY MADE…. UPDATE BELOW WITH MORE VIDEO… THEY CAME OUT AGAIN a FEW MINS AGO and I DIDNT GO OUT THERE….. F*** Them… Read more »

I know cops can legally lie through their teeth during an interrogation, but can they lie like this to gain access to private property when you’re not on paper and this isn’t an investigation? I don’t see this being any different than them walking up to a random house just to make sure there’s no meth being cooked their, and lying that they have the right to get in and will come back with a warrant if you don’t let them in. Check on this and file a complaint and possibly a lawsuit for harassment. You have video and audio… Read more »

Your correct, it really is plain harassment as much as they are coming by ! but i’m not on paper and will continue to NOT go out to the gate and waste the sorry losers time… as the piglet said… he is paid by the hour….. so keep coming ! there is times I don’t leave the property for days on end lol… Actually I think since here in CA they do NOT have a LAW Backing them up to do a COMPLIANCE Check (since that is a ON PAPER THING Anyways) it DOES Turn into harassment or stalking after… Read more »

“Actually I think since here in CA they do NOT have a LAW Backing them up to do a COMPLIANCE Check” that is not necessarily true. To be sure, there is nothing in PC 290 that obligates you to participate in a home compliance check unless on parole or probation. You are required to report in person at the cop shop a few days around your birthday or when you move or establish a secondary residence (apparently not applicable in your case). There is no requirement for any interaction with law enforcement at your residence. BUT local law enforcement is… Read more »

@Bee, john doe, et al, Get them (LE, councils, the state) to define what “habitual” means as a requirement for the offender as not defined here. There is no numerical equivalent to it. The same can be said for “pattern” because there is no numerical equivalent to it. No, two is not a habit or a pattern, just a repetition, but that makes the person a repeat offender, not habitual. Three? Maybe. If it is one and done, then obviously you cannot infer a habit or pattern there. Off paper is off paper and people should be left alone of… Read more »

@bee … yea I do register once a year and thats it… I read your links 🙂 and still nothing in the state 290 code gives them authority (backed up by a nepan code law) to BUG or in this case harass me,… And no law anywhere says I need to make any kind of contact at my residence (just once a year to register at thier office) Loser sheriff pig said they will get a warrant… yea right.. another LIE they CANT get a warrant to see if I life here… pigs: yea judge we want a warrant to… Read more »

They want to, as my P.O. use to say: “lay their eyes on you” for ocular confirmation. Ugh.. they most likely believe that ALL SO’s or public safety liabilities and they’re just covering their collective asses.

A company wrote an article with suggestions on how to “drive out sex offenders in your neighborhood.” The first suggestion, by the way, is to “build a pocket park” in a neighborhood, ironically referencing the very same park in Harbor City (Los Angeles) that Janice successfully threatened to sue if registrants were kicked out.

But the other ideas have got to go.

“Weird Tricks to Drive Out Sex Offenders in Your Neighborhood”

https://www.truthfinder.com/infomania/crime/sex-offenders-neighborhood/

@john doe: I think I’d ask my roomie to quit telling them ANYthing about me. Let them come out over and over and be wholly frustrated. The TBL was clearly trying to butter up your roomie for being subservient (what it truly is, NOT merely compliant). He even got a thumbs up. Lucky him, the TBL approves of his subservience! Keep doing what you’re doing, friend. You’re gumming up the works just a little bit. You’re making things harder for them and you’re keeping maybe one or two fellow RCs from getting a visit…at least that day. Keep making them… Read more »

This is my opening arguments on the Registry Fee aspect. I think I contacted Janice a long time ago, but can’t find her e-mail address anymore. Janice, would you be willing to look this over when I am complete? “Petitioner disputes the imposed liability of the Sex Offender Registry Fee as an illegal ex post facto fine. While the Petitioner does not currently have a duty under state law to register, the “fee” provisions of his previous requirement continues to cause injury; thus, Petitioner has standing to challenge the “fee” provision. It is also noted that the State of Utah… Read more »

As for as the Tier System is applied, which jurisdiction has authority. I read that the Federal system applies a 10/25/lifetime while the states are (excuse the pun) all over the map on this subject. I live overseas, and under Federal law would be removed in a few yrs for my Misdemeanor. Does this mean I am off ALL state registries as well? I can’t imagine that you could be removed in one jurisdiction, yet be arrested in another fir non compliance if federally you are relieved of your obligation. To me it is akin to paying a traffic ticket… Read more »

@State vs. Federal: “I live overseas, and under Federal law would be removed in a few yrs for my Misdemeanor. Does this mean I am off ALL state registries as well?” —– No, because of dual sovereignty you are subject to both federal and state laws. They may overlap, but they are independent. SCOTUS affirmed this just last Term (I forget the case offhand but can find it if need be). ===== “I can’t imagine that you could be removed in one jurisdiction, yet be arrested in another fir non compliance if federally you are relieved of your obligation.” —–… Read more »

“Lancaster mother sentenced to house arrest for bringing child to home of 3 registered sex offenders” It’s not like she was pimping her kid out, she was just visiting friends who were on the Registry and she ends up getting house arrest and probation! We’ve been seeing more-and-more of this kind of shit. This is going in a very bad direction. “Police began investigating in January when a state parole agent noticed sidewalk chalk outside the home and toys inside the house, officials said.” https://www.wgal.com/article/lancaster-mother-sentenced-to-house-arrest-for-bringing-6-year-old-child-to-home-of-3-registered-sex-offenders-tabetha-mitchell/29126516

@ Notorious D.I.K. / Kennerly: Where’d you get “she was just visiting friends who were on the Registry”? Or that she pimped the kid out? From the video you provided she lied as to being his sister. I do agree that it’s getting ridiculous.

RM, I said that she WASN’T pimping them out. And she was just visiting these guys according to the story. I assume that she got the sentence for “lying” to the police.

Never talk to the police, even if you think that it can’t hurt you. Please see: “Mr. James Duane, a professor at Regent Law School and a former defense attorney, tells you why you should never agree to be interviewed by the police.” https://www.youtube.com/watch?v=i8z7NC5sgik

Both parts 1 and 2 are classic. Thank you for sharing this.

Completely outrageous and unacceptable. Amerika has always been an awful country and it continues. So evidently in the criminal state of PA, it is illegal to bring a child around a person who is Registered?! WTF? Is that the case? Or is it because the person/people had been convicted of certain crimes? As usual, whatever dipshit wrote the news article doesn’t even think that detail matters. I’m sure he/she is thinking, “Of course it is illegal to bring a child around a $EX offender!” Which, in and of itself, it so insanely outrageous and offensive that it harms my brain.… Read more »

I’ve been thinking more lately about the Registries and “compliance checks” and such. And how some people on this very site (!!!!) have said how Registries are just a “minor nuisance” and even that they support the Registries. I was quite confident before that Registries are unacceptable and even more so now. I do think that confidence grows literally every day though, so I guess nothing really new there. But regarding things like “compliance checks” and similar things (which I really don’t find to be exceptionally bothersome either), I am convinced that people still should NEVER allow those to happen.… Read more »

The REGISTRY CONCEPT wants to be expanded by a presidential candidate. How interesting. Does this mean we get to know if our neighbors are wealthy even though they live modestly? Will it be publicly listed? IRS only? Isn’t this wealth shaming?

When will the registry madness stop if you have one each for DWI, pet abuse, domestic violence, sex offenses, etc? I guess when everyone is on one for whatever criteria is needed.

Sanders targets highest-income Americans with ‘extreme wealth tax’ and ‘national wealth registry’

https://www-politico-com.cdn.ampproject.org/c/s/www.politico.com/amp/story/2019/09/24/bernie-sanders-wealth-tax-1763426

I’m not sure if a “right to be forgotten” would have helped us here in the USSA, but this is somewhat disappointing…

http://news.trust.org/item/20190924142316-7hcde

Hey everybody, I’m a RSO and I realize that most of the comments are geared towards registry, but my concern is to an even bigger issue which lifetime parole. I read through all of the topics and seen a few that touched base on this. Within weeks of successfully finishing 3 yrs probation along with SOMM and 6 polygraphs. I thought my scrutiny days were over but boy was I wrong. I was magically added to this growing “list” of offenders to be watched over for the remainder of their days. That was 3 years ago, and now I’m finally… Read more »

Sorry to hear about that JR.

That ruling you linked only applies to the state it was in since it wasnt a federal court. However, you should track down all the legal documents and arguments that gave them a win and use the appropriate parts in your fight.

What they did to you is a clear violation of Procedural and Substantive Due process, Separation of Powers, and probably a few other things related to contracts.

Thanks so much for your response. I’ve been waiting on someone to chime in. I have no clue of the law but now that this has affected my life substantially I’m looking to do something about it. Not only for myself but others here in Indy as well. We need a risk based assessment system in place for those nearing the end of their sentences before they are just thrown into this category. I will be looking for the documents or anything I can find on Lifetime Parole as you suggested, thanks so much

@JR: Only a judge should be able to modify the terms of your sentence, which includes the manner and length of supervision. Were I you, I would get a copy of my full record from the County or State. This is a document that shows every step of everything that’s gone on from arrest through conviction. I would also request DOC to provide any and all documentation about me regarding the terms and length of my supervision. Somebody somewhere signed off on the change. From what you said, it was not a judge. If you are indeed CSL/PSL, moving to… Read more »

For what ever reason , my CP case wasn’t granted reduction by a Santa Clara judge over a year ago. I had no issues after my conviction and probation was no problem. I filed 6 months after completion. Now it’s been almost 2 yrs since my release and I am filing again. The attorney says I need to show that I have “ progressed in my Rehab”. WTF! I was originally released from therapy because they said I wasn’t considered a “threat for re offense”. I literally haven’t viewed ANY porn since. I have had a stable living arrangement (rent… Read more »

I’m sorry to hear what you’re going through. When was your actual conviction? In 2014 they amended 311.11 to no longer be eligible for 1203.4 “expungement”. And in 2015 it was further amended to be a straight felony, meaning not really eligible for reduction. If your conviction was prior to these days, then the corresponding relief is grandfather in for you as you took your plea before the changes. But otherwise, I’m not sure what you can do.

My conviction was early Jan 2015, so I am eligible for reduction. I don’t think the attorney would have attempted if I wasn’t eligible. I don’t care about expungement anymore. Actually I don’t care about much of anything anymore. I feel the system has beaten any resolve or hope I had out of me.

Unfortunately, these changes take effect on Jan 1st. It’s not to say that your attorney may not be able to make it happen (law is weird), but its a bigger hurdle than if you were convicted just a month earlier. It’s crap. I know. I wish I had something better to tell you. Ask your attorney about this more directly. And bring up what I’ve mentioned in case I’m wrong or he has a legal explanation. But see if you can get an explanation so that you at least know you’re not being ripped off by him taking your money… Read more »

So I was reading “Osceola County conducts “Operation ‘Parking Lot Party'”” yesterday (https://floridaactioncommittee.org/osceola-county-conducts-operation-parking-lot-party/). I was really, really angry. I had to drive to take care of some business. And I was realizing during that time, that I actually am a dangerous, unstable public safety threat. Very, very oddly it kind of felt like the first time that I had fully realized and understood that. The Registries have made me dangerous. They literally are the 100% cause of it, without doubt. Registries are just incredibly idiotic social policy. I have also become convinced that the criminal regimes must do a couple… Read more »

@Will Allen:
Thanks for bringing that FAC post to my attention. Boy, good thing all that time and money was spent for all those TBLs to go out there and solve those heinous crimes! Now we can all rest easy as the sexual-offense rate plummets because I’m sure there had been a spike in such offenses ahead of this “Operation.”

I seem to be at odds with an attorney about my reduction. He says that Misdemeanor CP would be a Tier 1 offense. I keep reading here that that isn’t the proper reading of the bill as if now. That all CP would be tier 3. He also gives a pretty formatted statement about community volunteer work and professional license as a means to show “rehab” . I am looking for those that recieved their refuction on this offense and their advice. I am not a joiner. Never have been. And fail to see how dishing soup out or helping… Read more »

Felony CP is tier 3 only, rest are tier 1.

Interesting piece that will hopefully cause some discussion on the topic of SA on campuses and the lack of due process for those who are accused and those who are accusing being given more latitude. 5.9% false accusation rate is a higher rate than those could possibly re-offend from this community. Amazing. I will also add to what is written in the piece that any non-military judicial system, minus Oregon, has a unanimous court verdict system where beyond reasonable doubt is the standard because Oregon is still under a non-unanimous verdict system (being challenged at SCOTUS this term) as is… Read more »

LA County Probation is doing compliance checks today.

First one where they came in like swat, scared my new fiancé to death.

I’m not sure if it’s an onset of paranoia or not…. but has anyone else noticed the PK hasn’t posted in a long time?

I tried emailing him but haven’t heard back since about April.

I remember that he had to travel back to the US due to medical conditions even though he lives south of the border.

Getting a bit worried. Hopefully nothing bad happened.

Anyone seen this interesting post over at the NARSOL website? LEO encouraging the banishment of those impacted by the registry be banned from Nextdoor.com. Is that legal? That is a real slam to those in Amerika!

Nextdoor.com hangs out “Not welcome” sign to those on the registry

https://narsol.org/2019/10/nextdoor-com-hangs-out-not-welcome-sign-to-those-on-the-registry/

@TS

They might as well burn a cross on his front lawn while they’re at it and leave a noose on his front porch.

It’s blatant discrimination that’s based on misinformation and paranioa. This continual stereotyping is the underlying mental sickness that permeates the human condition that needs to be pushed back by way of law suits and activism.

So in the spirit of this article I’ll leave with a quote I’ve read somewhere:

“Don’t judge me by past,
I don’t live there anymore!”

@Bill I completely agree on that last statement you say. However, I just want to know is it legal for a government entity or law enforcement to encourage such action if they’re supposed to be non-political while being paid by the taxpayer? To encourage banishment as a precondition to an agreement with them reminds me of someone endorsing a political candidate while in uniform which is not condoned. I don’t know if it’s actually illegal or just unethical. I’d think there could be a pretty good case of challenging the governmental side of the citizenry encouraging this In a court… Read more »

so some lame agreement was just made w the US and the UK on sharing DATA… one thing was child sex offenses etc…. looks like we will never go into the UK in the future…. who cares queen is lame !

Citation please?

Not sure why no one has a definite answer with how 1203.4 will play in the tiered eyes. By no one, i mean it is not anywhere in the bill that goes into effect in a few years….

While we can speculate, it is no clear anywhere

@Matthew

What distinguishes Felony CP from Misdemeanor CP in the eyes of the Tier System?

Or is there even one and that all CP is on one Tier?

Misdemeanors will be in tier 1, felony in tier 3. It is not sure what a 1203.4 would do. A reduction should be tier 1 but the law doesn’t state that either but the charge would of changed. 17 b reduces.
1203.4 dismisses it so I am not sure how it would change the tier status.
I have a 1203.4 but not a reduction.

My guess is that it currently has no value to your placement into tiers. The reason I’m guessing this is that 1203.4 basically says you get a pass for whatever you did unless you have to register. And then points you towards 290.5 (I think that’s correct?) as the actual way to de-register. Right now, that code is for the COR. Once the tiered registry goes into effect, it’ll replace the current language of that code. So basically, 1203.4 will now still be the same with just the code it points to to actually get off having its language changed.… Read more »

Bad part is that the COR goes away with the new bill.
I sent a letter to the DOJ after the 1203.4 and they took me off the website completely stating that it is not disclosed offense anymore (311.11((a)) since I received the 1203.4.

I, however, read on DOJ website that once this bill is passed in 2022 they will take away the exclusion to honor how the bill is written.

This bill is actually more dangerous than we all thought. It will ignore corrective action we all took.

We should of not supported this!

I’m not sure the type of exemption you received due to your 1203.4 will be removed once the tier bill goes into effect as your removal was due to you no longer having a “conviction”. The way I understand the bill to remove some of these exemptions was more directly due to some codes specifically being allowed to be excluded from the public registry that you can send a petition for to the DOJ. For example, if you have just a 647.6 misdemeanor, you can fill out the app to be removed from the public listing whether or not you… Read more »

Citation, please?

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