Reply To: NARSOL to GoFundMe: Take down that campaign

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Glen

Hi Fred,

I wanted to provide an update with regards to the compliance checks situation. First, though, I wold like to say Thank you to both you and Robin for the concern and for referring me to an attorney that was both very sympathetic and as helpful as I feel possible. Thank you.

Ok…so, after speaking with the refered attorney via phone, my understandings regarding these compliance checks are detailed below:

1) Officers stating they are required to come inside your home to verify that you, a registrant, actually live there MAY currently be legal simply because the law is vague, and has yet to be challenged. For example, the county sheriff is givendors authority to confirm residence. According to my understanding from the attorney, because that authority is vagugly defined they may request to come into your home to confirm residence. If you contest, you MAY…possibly – not sure be subjected to an arrest. If arrested, most likely, you may be able to have it dismissed based on an illegal search. Certainly, we have a right to challenge such a search via such a, presumably false, arrest; and perhaps even by a “Declaratory Judgement” lawsuit. Still, it sounded as if there would have to be someone willing to sacrifice a potential arrest for refusing an home invasive compliance check…

2) I was recommended to stick with the ACLU attorney in the meantime while they research compliance check laws. That particular attorney stated she would get back to me as soon as she completed her research regarding what is permissible.

Again, I thank Fred and Robin for their kind help, as well as the attorney I spoke with. Unfortunately, at this point based on my understanding after consulting with a referred attorney, it seems the law regarding compliance checks in NC is so vague and undefined, that any of us could potentially risk an arrest by refusing an “Inside the home compliance check”. No doubt, in my oppinion, such an arrest most likely would later result in a dismissal if contested; still, it’s a tough spot to be in.

Anyway, ill update more when I hear back from the ACLU. In the mean time, it sounded to me like “Yes, we can refuse to let an officer inside our home during a compliance check; but, such a refusal may result in our arrest based simply on the vagueness of the compliance check law, and the fact it has never been challenged”.

Ugh…