Source: ACSOL
A federal court today denied a motion requesting a preliminary injunction in a case challenging the SORNA regulations. The court’s decision was based upon a determination that the sole individual plaintiff, John Doe, lacks legal standing because he has already registered for the time period required by his SORNA tier. The judge then provided plaintiffs with an opportunity to file an amended complaint within 14 days as well as to file a subsequent motion for preliminary injunction.
During today’s hearing, the parties discussed whether SORNA regulations apply to individuals who have earned a dismissal and/or been granted a certificate of rehabilitation. The government argued that the SORNA regulations do not need to clarify SORNA’s application to such individuals because “it’s for the registrant to decide” if SORNA applies to him or her.
The Court appeared to reject the government’s argument and explained that federal criminal liability requires a clear statement regarding to whom the SORNA regulations apply. The Court also opined that, if SORNA regulations do not clearly state the individuals to whom they apply, then the regulations are “unintelligible.” The Court also asked how a registrant is supposed to know if they are subject to the SORNA regulations and stated that the SORNA regulations should be clear regarding the requirements in all 50 states.
During today’s hearing, the Court did not make any decisions regarding the merits of the SORNA regulations or the application of those regulations to individuals granted either a dismissal or a certificate of rehabilitation.
I’d like to think the Court and Judge are leaning on the side of the about one million American citizens labeled as a “Registered Sex Offender.” But from everything I know, the Court and Department of “Justice” are always on the same team, in trying to violate the Constitution they swore an oath to.
So new what??
So when I decide it doesn’t apply to me (because who in their right mind would voluntarily submit to this?), I can be sure the government will agree with me, right? Or will they send men who will threaten to use their guns to drag me from my home and lock me away?
Inquiring minds want to know.
Thank you for that very clear and concise summary. It is greatly appreciated.
Backlash against the Pennsylvania ruling.
I’m amazed that our side was not prepared. We obviously picked the wrong John Doe. They could have easily picked a few people like me – no longer required to register, yet apparently subject to SORNA, but with no path to compliance since we have no registering agency, yet SORNA requires us to provide all the information they want through a registering agency. The woman said, “well it is up to the convicted person to figure out if he is subject to SORNA, and if they don’t know that they have to comply, then I guess they don’t”. The judge and I laughed at that, him saying “so you’ll just take their word for it that they didn’t know?”
We all knew scenario was a possibility that John Doe lacks standing due to no longer being a part of SORNA regulations. I dunno if PLF didn’t want to include others on it, but I know ACSOL said it has others who are still under the 15 year SORNA term, but has earned a 1203.4 and CoR.
I liked that the judge queried about SORNA being clear in requirements in all 50 states. This could mean if you’re no longer a registrant in one state, then you’re no longer a registrant in all 50 states, provided SORNA is applicable in all 50 states (and territories).
PLF and ACSOL better have a John or Jane Doe(s) within 14 days. One of our posters on this board pointed out that the John Doe for this case was beyond SORNA’s 15-year term. What a shame to not have a backup plan b/c the judge seems to side with the registrants.
Thank you for the summary-
it was an interesting hearing and the judge seemed to realize some of the flaws in the SORNA laws
That said: how does the ACSOL team feel about today?
Best wishes in submitting an amendment in the next 14-days and hope you have or find some excellent ‘ John Doe’s ‘ to site as examples
Even if the court and the Federal Govt state that the SORNA Regs do not apply to people with dismisals (is that 1203.4PC) or a Certificate of Rehabilitation. WE are still in the same regs of whatever state we register in.
This judge is an idiot!
Right here, the judge clearly claims that SORNA is unconstitutionally vague. That’s facial. What difference does it make if the plaintiff is in a certain tier or not. Even if the plaintiff is Bugs Bunny, it doesn’t change the fact that this law is UNCONSTITUTIONAL!!!
About what I’d expect from an Obama nominee. Brainless idiot!
I’m so sick of these Kangaroo Courts and corrupt prosecutors and law enforcement. Over 10 years ago I was convicted. Released from incarceration about 10 years ago. Completed parole about eight years ago.
I had my most recent “annual” compliance check a few months ago. Mind you, I am no longer on parole. After the police officer was done with me, I went back in, then decided to step back out, to my front porch, to tear the American flag that I had flown for many years.
What did I do with the flag? I cut in up in about 20 square pieces. And I used the square pieces as cloth to clean off the bottom underside edges of my toilet with Lysol or bleach. Let me tell you, those 20 square pieces of Red, White, and Blue helped clean my toilet over the course of a few months.
I also have some family, active and retired, officer and NCO’s, of the Army and Marines. It’s pretty sad that they don’t seem as enthusiastic about this country as they used to. I think that says something about how things are going downhill, fast.
Anyway, when we got about one million Registered Sex Offenders in the United States, and the most incarcerated population, more so than China and Russia, that says something about how we were grossly lied to about being all about “freedom.” Just look at how the “supreme” court decided Smith v. Doe, based entirely off a fake statistic, argued by Women’s Rights violator John Roberts!
We live in a SCAM of a country! LOL
If “it’s for me to decide,” then I don’t need to register anymore as a proud holder of 1203.4.
I’m sure the police and judges will agree with me after 6 days of missing the annual because I have decided that I don’t need to register.
The judge mentioned other elements of SORNA would be discussed too, like email identifiers. I traveled to Europe this summer and upon return when they sent me to secondary I thought to myself, well now I’m in Federal Jurisdiction and if an asshole fed asks me if all of my email identifiers are on record per SORNA and if I can’t prove if they are, I could be arrested. I really wouldn’t expect this to happen at my International Airport, but I could see it happening in a state like Texas, Florida or Michigan. If I recall correctly, the judge mentioned interstate travel and the potential consequences of having too many ambiguities with SORNA. At least he referred to registrants, as registrants.
I need to verify that the Assistant U.S. Attorney said that if your conviction was set-aside, vacated, or reserved, there is no duty to register, which I found interesting. I always thought SORNA says that even if there is no conviction, you still must register. Please, anyone else that heard what I heard?
I thought that an ambiguity in a law benefits the receiver of the law, not the writer of the law…
Contra proferentem (Latin: “against [the] offeror”), also known as “interpretation against the draftsman”, is a doctrine of contractual interpretation providing that, where a promise, agreement or term is ambiguous, the preferred meaning should be the one that works against the interests of the party who provided the wording.
Basically, when two parties cannot agree on the ambiguous legalese of a law, then the deciding factor as to which side will prevail is simply to look at which of the two sides will benefit the most, and award that side as the “winner”.
So… since the registration is a CIVIL, and not a CRIMINAL registration, wouldn’t the California Civil Code laws apply?
California Civil Code 1864 (enacted in 1872) states that “When the terms of an agreement have been intended in a different sense by the different parties to it, that sense is to prevail against either party in which he supposed the other understood it, and when different constructions of a provision are otherwise equally proper, that is to be taken which is most favorable to the party in whose favor the provision was made.”
I was paroled in 2019 from chuckawalla valley State prison I was required to register as a 290 around November for 2019 I noticed that I was being followed by vehicles I noticed this because on the freeway I would be passed by three vehicles in very close succession first one would pass me going about 85.90 and cut right in front of me so that I needed to let off the gas then another and then another this would usually happen two to three times each time with three vehicles I thought this odd so I began paying attention to who is behind me and who was around me at all times in a short time I noticed that I was being followed by the same individuals in the same kinds of cars as time went by I noticed that these individuals would cut me off and also in in Street crap I noticed that when I would go to stores I the parking lot would fill up with vehicles and there will be a rush of individuals going into the store and I noticed that some individuals will go to check the check out folks and murmur think to them looking at me whereas they would say that whereas I would be held up in line while all of these other people went through the line I actually saw these folks pay and see their badges and them ask for discounts for being on a law enforcement task Force at one point I noticed I heard one of these individuals approach a a checkout person and tell that person that he was part of a task force that was watching a sex offender because they were afraid that he was going to go and hurt his mother when in fact on that very day I was moving out of my mom’s house in and becoming homeless it was no coincidence that this this individual knew that I was going to my mother’s house because I was followed there by numerous cars then I noticed it on weekends and holidays the coverage was extra thick sometimes 20 to 25 vehicles to be following me at a time I noticed it when I turned into a store these folks would follow Park all around me with the vehicles pointing out as though they were ready for some sort of a vehicle Chase or or fast exit situation well this went on for some time and I ignored it for a long time then recently I can’t I was discharged from parole when I was discharged the intensity of the surveillance became more on July 3rd I noticed that I was being followed by several vehicles so I made an abrupt U-turn these vehicles made in a rough you turn as did other vehicles after these three vehicles immediately behind me when I got to a stoplight I managed to get in between two of his vehicles as I proceeded when the light turned green a large white truck behind me seemed to became very irate and agitated and he stomped on the gas passed me going 60 on a 40 mph Street and cut right in front of me nearly causing me to spin out when he did this I followed him on through the light where he where he passed you at a high rate of speed I followed him at a normal rate of speed and he attempted to elude me by entering a parking structure at a mall Park this truck exited the truck and began walking away from the truck a child and their dog behind him or three more individuals falling behind him it looks really odd because they wouldn’t look at me directly yet they’re watching me from the corners of their eyes keeping track of where I was I proceeded to the vehicle took pictures of the vehicle and then returned turned around exited the parking structure and follow these people to where they entered a taco store when I entered the store I walked up to these people and asked him if they were correctional officers they wouldn’t answer me except to say maybe we are maybe we aren’t I asked him if they were peace officers they said they merely shrugged the fellow driving the the white vehicle white big truck who made the maneuver in front of me seemed very nervous and then they all come out to watch me as I walked around the parking lot making a video of the license plates
. I return to where the white truck who had made the maneuver was parked in the parking structure I phoned the Riverside Police Department and an officer arrived who took an incident report regarding the actions of the of the driver he informed me there’s nothing he could do because he did not see the incident whether these people are following me or not although he did advise me who to contact regarding these the actions of these individuals at that time I noticed that I was being watched very closely by a number of people in vehicles that had entered in them are now circling in their vehicles the white pickup truck I even distinctly noticed one parole officer who I knew to be a parole officer from region for a GPS unit I can give his name at a later time but I definitely recognize that parole officer he was there and I also noticed another female supervising parole officer who is also there now after the after the police officer took the report he received a phone call on his radio I could hear the phone call and it was someone on the other end telling telling him that I was a sex offender that I was convicted of and he may actually enumerated my past defenses and he demanded that I’d be held or detained for being a danger to the health and safety of others he even dictated that I had done something on a previous night and allegedly doing something else I don’t know driving or whatever but the officer indicated that he was not going to detain me I had any of the signs of being crazy or or danger to anyone the individual on the phone said yeah well that’s what they do they act like they’re not crazy but they are the officer made no made no made no indication for me to move away from his vehicle when I moved close to the vehicle was listening to this individual on his radio at that point I got in my vehicle and left since then I have been discharged from parole and the the intensity in the closeness of the surroundings have become to the point where it’s actually I’ve actually been in restaurants where these several officers will come in and make comments about a sex offender they will go and talk to the manager and indicate that I am sex offender and talk about me and in veiled making veiled death threats indicating what they would do if it was up to them.
What I need to to get out is that these people are stalking harassing threatening me and my wife who is almost always with me and it’s causing us to lose sleep to be afraid we can’t go about our daily Business without these people interfering and I want to know how I can how I can put an end to this and if necessary how I can file in federal court or whatever Court to have these people stop following me I am not on parole and I am not committing crimes and I have not been arrested so please contact me you have my email I’ve left my phone number my wife is is nervous about this stuff she did she feels threatened going out alone by herself because she has been followed they see our car leave they go and follow it and it frightens her so thank you for your time and I will be in contact soon goodbye
My brother is being held right now at High Desert Detention Center in Adelanto after a raid on August 3 2022. We’re still trying to help him. He hasn’t called us and his public defender won’t answer our calls. We haven’t gotten any mail from him. We feel like there has been a veil over this whole situation. And our situation is dire, we suffered major financial problems in the years after his case in 2017.
I posted videos of what we captured of that night. It was actually me they arrested first and then they got him.
His booking number is 2208370080. They got him for a FTR after so many efforts by the neighbors to get us on other things such as internet phone and Wi-Fi over the last couple years.
See our other videos as well.
So based on this new rule which requires a person to register for life regardless of crime , when are we going to sue the federal government specifically as an entire class for the lack of review the federal government provides. The DOJ rule now having made every state level review patently worthless.
Its time perhaps for the DOJ to waste millions of dollars on “ civil “ reviews.
@ACSOL or PLF memeber,
Is there any updates on the updated law suit and is it going to be held on Oct 10th or Oct 11th?
Thanks in advance for the response.
Don’t worry folks. All these “hearings” are all part of the American Circus Show that we’re all familiar with.
What happened with the followup hearing on Oct 10?
(Maybe the DOJ’s attorney should do some research and see who they are up against…… preferably before their next “Well, just because, your honor. Just because.
” argument in Court. 
)
See the latest news on the PLF SORNA Lawsuit:
PLF Files Two Motions in SORNA Regulations Case – ACSOL
I hope maybe someone can shed some light on my situation and what I could possibly do. Was charged with statutory rape in 06’ the “crime” occurred May 2005. I was 15 (June 89. The girl, a girl friend of 2 years was 13 born February 92’. Not a forced rape just age based criminality. I was required to register 5 years after release from juvenile correctional facility. I was to register Nov 08’ to Nov 13’. In 2011 the laws changed stating that I had to register for a lifetime, for a crime having to do with a boyfriend/girlfriend. We was together still a year after charges were brought up, however she could not appear on my behalf as the prosecution said she wasn’t of consent l, which neither was I. Now at almost 3x my original registration period I am facing failure to register, which unfortunately carries more time as an adult than I was originally given for juvenile burglary of a dwelling and theft as well as the statutory rape. I was given time because I was a trouble maker. Had I not got the two additional charges I’d have been sent home. Does anyone know of anything that I could do to possibly get a judicial review or something? I just do not feel it is just, and I am quite tired. Thank you for you time and wish you all the best.