You are here

NARSOL to monitor infringements of rights this Halloween

Among NARSOL’s initiatives, NARSOL in Action (NIA) is one of the most popular. This monthly teleconference features NARSOL activities and projects, usually in the legal realm, currently being undertaken. Guests are often attorneys involved with litigation or knowledgeable about specific legislation or litigation.

On Halloween night, NIA is holding a five-hour, marathon teleconference with attorneys discussing current legal issues, NARSOL state representatives reporting on the activities of law enforcement during Halloween activities, and the phone lines open for citizens to call in about what is going on where they are, especially with activities that they believe may be illegal or unconstitutional. Placing restrictions on registered citizens who have completed all their punishment, and who are therefore no longer under any sentencing requirement (to include probation, supervision, etc.), and most especially confining them to their homes for several hours, is highly questionable from a legal standpoint. We believe it’s a wanton violation of a citizen’s Fourth Amendment protection from unlawful seizure.

Please read NARSOL’s press release in which law enforcement is put on notice that we will be watching them, our attorneys will be evaluating their actions on Halloween, and NARSOL stands ready for legal action if we believe it is warranted.

If you would like to participate in the call we ask that you sign up here so that we have an idea how many will be in attendance.

The phone number is 641.715.3660, access code 957605#. Or, if you have a speaker and microphone or a headset with a mic, you can join the call through your computer by clicking here and following the on-screen directions for inputting the number and the code.

Happy Halloween!

This topic contains 30 replies, has 3 voices, and was last updated by  Fred 3 weeks ago.

  • Author
    Posts
  • #25827 Reply

    David M

    About two years ago I was illegally searched. The County Sheriff said it was in report to a local burglary. I have no such record and am on the sex offender registry in Michigan. They asked for my drivers license then left. I believe it was a compliance check. I wrote the Michigan ACLU but never heard back. My zip code had four pages of sex offenders in it five years ago. Today it has just three people on it. I was convicted in 2002 and have been off probation since 2007.

  • #25842 Reply

    Jan L

    Last year my son had moved to a rural county due to a new job. His probation supervision was still required in the urban setting where his offense had been prosecuted. That urban setting required all individuals under supervision to report to the probation office for three hours during Trick or Treating peak hours. Although my son was now living with me and my rural home had never had any children Trick or Treating in the 20+ years I have lived here, he was required to drive 2+ hours to the urban setting to sit in the probation office and then drive 2+ hours home again through several cities. No one was ever in danger from my son but this requirement certainly made him more available to offend than if he were allowed to stay home that evening. The county where he now lives has no such requirements for those under supervision and there is no evidence that such requirements are needed.

  • #25854 Reply

    Maestro

    People convicted of robbery should also be made to stay indoors for those trick or treat hours, don’t ya think? I mean, let’s face it, all those purses that can be snatched from all those ‘soccer moms’ that are out with their kids on Halloween. Sounds tempting, eh?

  • #25852 Reply

    charles pettus

    Here’s the thing, and I have been trying to get this one point across for nearly five (5) years, and that is that a sex offense (SO) is an “EMOTIONAL” issue! Understand this. I know the experts out there, i.e., university professors, psychologists, psychiatrists, clinicians, very good university professors like my favorite Dr. Jill Levenson, and Dr. Tewksbury, just to name a couple, have written extensively for over 10+ years on this subject and have shown in every paper they have written that SO laws are not only wrong but also stupid.Many legal scholars as well have written extensively on this subject and have shown that these laws are not only wrong but also UNCONSTITUTIONAL as well. In addition, many well respected clinicians/researchers have written extensively on the subject of SO recidivism and have shown that the lie of a high recidivism rate for people who have committed SOs is just that—a LIE. Yet, proponents: 1) don’t read this research findings, 2) read it but don’t believe it, or don’t give a damn about it, and 3) insist on keeping these laws in place and even wanting to add even more restrictive laws onto the books. So again, back to my first point. A SO is an EMOTIONAL issue; therefore, logic and reasoning, facts and figures and statistical evidence means nothing to people who think with their emotions first. Logic and reasoning, facts and figures, statistical evidence are for those people who think first with their head. As proof, try ask any proponent of SO laws this questions like: “Will you please provide the proof (RESEARCH) you have to support your contentions of a high recidivism rate?” “Who are the professionals that you rely on for your information?” “And just where did they and how did they get their information?” I would make 10-1 odds you’ll get a stupid, perplexed look on their face and I also guarantee you get, if any, an answer like, “…Well, it’s just common sense that they will do it again, once a pedophile always a pedophile…” A purely EMOTIONAL response. So that ladies and gentlemen, is in my opinion, one of the main reasons that these laws have not come down. Fortunately though Federal Judges are starting to think like judges and not like EMOTIONAL parents and are starting to overturn these laws. Lastly, don’t misunderstand me. I am in no way FOR sex offenses or people who commit them. I have 5 and 6 year old granddaughters and I will most certainly HUNT anyone who violates either of them. No, what my concern is with is that I see an erosion or the taking away of CONSTITUTIONAL RIGHTS and SO laws are the PRECURSOR to that. If these laws are not attacked and reversed and allowed to stay in place then America will be NORMALIZED into this mind set and then it will be very easy for those people who want to take away our freedom and liberty to do so, maybe not us today but certainly our grandchildren tomorrow. Think about it.

    • #25905 Reply

      Tim L

      Charles,
      Yea it is stupid but it was upheld by OUR SCOTUS. So what does it say about the court? Keep in mind the person who argued to uphold is now the top judge on the court!

      • #25993 Reply

        Jonny everyman

        Scalia? He’s not the top person on the court. Roberts is chief justice

  • #25853 Reply

    George Simmonds

    I live in NYS and am a level 2 SO and I was confronted by one of my housemates, was told that a US Marshall stopped my and gave them a copy of my federal charge and said that they could not have the lights on for Holloween nor could they have trick or treaters over. I think that they overstepped their bounds because for one I am not on any form of supervision nor am I living on federal land, I live in Syracuse. Someone said that sometimes the state uses Marshalls to ensure verification, compliance, etc., but do not think that this is the case here, I say this because when they gave my housemates a list of my charges it just contained my federal charge (I was charged with one federal and 2 state charges arising out of the same incident), if they were acting on behalf of the State of NY, they would have listed all my charges. Therefore, I believe that this is a unilateral action that the Marshalls took on their own, perhaps they had the mistaken belief that I an still on supervised release, but as they always tell us “Ignorance of the Law is no excuse” so the principle applies in reverse here. I would like to file a 1983 action if I have enough probable cause to do so, please give me your opinion on this, thanks.

  • #25845 Reply

    Don Campbell

    Our county (Washtenaw, MI) requires all registrants on probation/parole to report to a building near the county jail. They need to stay there between 3 & 9 PM on Halloween. I will be going there to pass out support letters (Michigan Citizens for Justice) and give out candy to the registrants.

  • #25877 Reply

    Bobby

    Well, as most of you know I am from Michigan, and I feel bad for all of you that have had so much trouble on Halloween. I live in Oakland County, in a small town, there is about 22 on my town’s registry.

    My conviction was 6-19-92, and I was out on 12-15-94 and got off parole on 12-15-96 ,and even on parole I never had any issues with being checked on, I would even go out with my sister on Halloween, to take my Nephew and Niece trick or treating when they were little, no problems, hell when I would see my parole officer every month he was never ever there I always seen some other P.O., made no sense to me.

    I have been off parole for 21 years now, and I have NEVER had anyone tell me I have to stay in my house, and turn off the lights, or put a sign out side my door, so I feel for all of you that have to do this, but now that Michigan is NO LONGER allowed to enforce any registry restrictions , I wouldn’t follow any now anyway .

    • #25884 Reply

      Fred
      Keymaster

      Michigan is no longer allowed to enforce the registry restrictions? Are you 100% sure of that?

      I have had this discussion with you several times. Michigan has to change the law, and until they do, you and every other registrant in Michigan must continue following the law as you had been. Nothing has changed yet.

      Next time you make a comment that implies registrants don’t have to follow Michigan’s registry laws, I will not approve it. Registrants can get into a lot of trouble if they take your misleading information to heart and fail to comply with the current law, so I sincerely hope you are staying in compliance. It is a 4 year felony for every charge of non-compliance.

      • #25886 Reply

        Bobby

        @fred,

        What I mean is yes we still have to follow the so called rules, and check in when we are suppose to, but according to the clerk at my local police station they (S.L.P.D.) My home town. She said even though we still have to follow the rules right now, until they revise the registry, THEY are NOT ALLOWED to actually enforce any of the registry except checking in her words NOT mine. She said They CAN’T ask about your car or ANY e-mail identifiers or anything else like they use to, and when I was in ,in Sept she just asked me if all the info was correct, I said sure, if it’s NOT it’s the States problem NOT mine, and she agreed with me.

        I don’t have any problems or get harassed in my town by anyone, unlike some other Michigan registrants and that in my opinion is WRONG!!!!.

        • #25891 Reply

          Fred
          Keymaster

          A clerk told you that? I really don’t think that is accurate. Wait until you have a letter from the state confirming it.

        • #25892 Reply

          Bobby

          The Clerk told me that in September, but said to keep checking in until we receive a letter, which I have every intention of doing after doing this for 21 years I am not going to screw it up now, so yes I will be going back in, in December. I think what she meant was THEY, the police in my home town are not going to enforce any of the registry rules anymore, until they fix the registry they will enforce the new registry rules, that will probably no longer apply to me. I did not mean for anyone not to follow the registry laws , she just told me my home town police were not going to enforce them .

        • #25895 Reply

          Fred
          Keymaster

          The State Police handles the registry, not the local police. You can verify at the local police, but they forward the info to the state police. If the local police told you they are not going to enforce the law, you can bet the state police will.
          The Supreme Court didn’t deny Snyder until October 2nd.

        • #25897 Reply

          Bobby

          @fred

          I don’t think you understand what I am saying, I Know the State Police handle the registry, I just saying our local police department, said they were not going to enforce anything, and in fact, I don’t think they ever have enforced anything, because I have been out like I said for about 21 years now, and on the registry since 1995, and the only time I was ever contacted by our local police is when I first got out, I have not had contact with them since, except when I go in to register, they ask how I am doing and if I need anything, other then that I have no contact with them.

          My town only has a hand full of cops, we have 3 cars on with one person per car, per 12 hour shift, and of course the chief and the sergeant. who only go out when necessary. it’s pretty boring around here no drama.

        • #25900 Reply

          Fred
          Keymaster

          A lot of contradictions in there, but I am glad to hear you are retracting your original statement “but now that Michigan is NO LONGER allowed to enforce any registry restrictions , I wouldn’t follow any now anyway .”

        • #25906 Reply

          Bobby

          @fred

          Don’t mean to keep bothering you but how am I contradicting my self? I just said they are not in enforcing the restrictions and basically never have enforced them.

          What do you mean by “but now that Michigan is NO LONGER allowed to enforce any registry restrictions , I wouldn’t follow any now anyway .” is that directed towards me or is that what your going to do, because I am still going to check in come December, unless I get a letter, but I am not going to volunteer any of the other so called restrictions such identifiers and vehicle info, and so forth.

          They never ask anyway, so why would I volunteer the information they just as is everything correct on the form, I say yes, and I sign it and then the clerk/sectary signs it. I am in and out with in 5 to 10 minutes tops.

          That is why I love living in a small town, and I have been here my entire 48 years, I don’t get hasseled about the registry the police or my neighbors, everyone pretty much knows everyone in this town

        • #25912 Reply

          Fred
          Keymaster

          No that is not what I am going to do, that is what you said you are going to do, when you said “Michigan can NO LONGER enforce any registry laws”. Do you remember saying that?

          It is your responsibility to report new identifiers and other information, whether they ask or not.

        • #25991 Reply

          Jonny everyman

          Big difference Fred between saying “they are not choosing to enforce” and “they are not allowed to enforce”

        • #26002 Reply

          Fred
          Keymaster

          You do realize I only copied his words, right?

        • #25911 Reply

          Tim L

          Bobby,
          You have hit on an important constitutional distinction here. Constitutionally speaking there is a difference between the local PD and County Sheriff. Sheriff’s are state government while local PDs are not. The constitution only recognized TWO levels: Fed & State. Local PD can not arrest you for registry violations as they do not have the authority to do so.
          Some local police departments have decided to take measure on their own accord and pursue their own justice. This is one of the inherent problems with the Whetterling Act as it recognized local PDs as a concerned party. This was of course so that police unions could exercise their fetish toward heroism and not actually protect kids. Overtime from federal dollars are icing on the cake for localities who often assist in compliance checks.

        • #25990 Reply

          Jonny everyman

          Get everything in writing Bobby. “A clerk told me” won’t hold up too well in front of a church.

      • #25916 Reply

        RickO

        Thanks for clearing that up Fred! I read the comment from Bobby saying Michigan is NO LONGER allowed to enforce any registry restrictions. I was really happy and thought it was strange I didn’t get a notice in the mail.

        • #25918 Reply

          Fred
          Keymaster

          ACLU is working with Michigan Legislators to make these necessary changes.

  • #25880 Reply

    Hardie Johnson

    I’d love to participate but my probation officer and I have decided it is best if I am not at home tonight. She implied some vigilantes may come by to check and make sure I’m not here while the wife hands out candy.

  • #25901 Reply

    It doesn’t work

    I can’t believe what I am reading here. Are all of your posts really true & accurate? Do you believe that famous people, politicians, law enforcement & certain government officials if convicted as a sex offender & have to register generally don’t have to worry about these Megan’s Law “problems” that ya’ll are complaining about because of their money and connections? I do.

    • #25989 Reply

      Jonny everyman

      I mean if you look at this Hollywood abuse scandal very few are actually facing criminal charges.

      Even Dennis Hastert is avoiding the registry although he is being forced to do treatment.

  • #25903 Reply

    Kendal

    Colorado doesn’t do the whole halloween checin type thing, I kind of wish they did, cause when the sheriff showed up I would spout of “Oh what a cute little trick or treater you are, what are you supposed to be, a public servant” and then hand him a candy bar. But since they don’t do that, I can’t… Oh well, I did tell them when I went in last week that I was there for my unconstitutional registry. The clerk just laughed

  • #25913 Reply

    Saddles

    Well my PO stopped by about 7PM, told me to be at the house at five. He’s always playing tricks like that. At first I thought it was uncle fester coming I. I even mentioned that to him, but he didn’t have his light bulb glowing, just his bald head. I told him he was late and I should tell the DA about that.
    They really just want to check that’s all. Their is a time and a place for arguing and a time to be still. Now I know some of you all are upset about this but a new wave is coming and yes you have the right to remain silent and to self govern yourself. So if your going to be monitored be monitored by someone that doesn’t pull the wool over your eyes like they do in these internet sex sting operations. and since my PO had a partner with him I told his partner to make sure he stays out of trouble on this scary night.

  • #25938 Reply

    Jane Smith

    I find any restrictions to formerly convicted SO’s absolutely degrading. This further punsishment after jail and probation is inexcusable. It’s a modern day scarlet letter.

  • #26009 Reply

    Kendal

    Well now, since Halloween is over, what is the next topic we are gonna get on?

Reply To: NARSOL to monitor infringements of rights this Halloween
We welcome a lively discussion with all view points - keeping in mind...

  • *You must check the "I am not a robot" box and follow the recaptcha instructions.
  • *Your submission must be approved by a NARSOL moderator.
  • *Moderating decisions may be subjective.
  • *Excessively long replies will be rejected, without explanation.
  • *Be polite and courteous. This is a public forum.
  • *Do not post in ALL CAPS.
  • *Do not promote your business, your blog, your website, or any other business, blog, or website.
  • *Please enter a name that does not contain links to other websites.
Your information:





<a href="" title="" rel="" target=""> <blockquote cite=""> <code> <pre> <em> <strong> <del datetime=""> <ul> <ol start=""> <li> <img src="" border="" alt="" height="" width="">