- This topic has 34 replies, 1 voice, and was last updated 1 month, 1 week ago by Brandon.
March 3, 2021 at 9:26 pm #81334
This is an on-going situation, and updates will be posted when available. By Sandy . . . Alan Kaub has been arrested in Florida for what, to many, see
[See the full post at: NARSOL criticizes Sheriff Billy Woods for questionable practices]
March 4, 2021 at 12:44 pm #81342
A Mistake They Made
If it is a civil case then there cannot be a felony right? These jerks that are making laws are breaking every one to do what they want to do, and are worse then the people they are destroying.
March 4, 2021 at 4:49 pm #81365
To be totally fair, there are civil laws that can result in criminal overlap. For example, having a driver’s license is a civil requirement if one will be driving a vehicle on public roads. However, if one gets citations for driving without one, or driving with an expired one, a point will be reached when one will face criminal charges and punishment. It won’t be a felony, I don’t imagine, but it will cross the line from civil to criminal.
March 5, 2021 at 1:48 pm #81443
“Does a benign mistake, such as failing to report a decision to stay home rather than go on vacation….”
I can’t agree with calling this a “mistake”. This man is NOT on probation or parole and by the laws of the Constitution of this country, he is a FREE man, able to make his own decisions when he so chooses. He didn’t make any “mistake” in deciding NOT to travel, the backasswards laws of Floriduh made a major mistake in treating the registry as an ongoing form of probation. And for that, they should be sued. In fact, I don’t see how it’s NOT a great idea for a class action lawsuit.
The argument is simple; People not on any type of community supervision should not have to adhere to the same requirements as those who are on community supervision. Period.
The state of Floriduh needs to relax with the fear mongering. Senator Lauren Book and her holier than thou daddy need to be named in a class action lawsuit because they push this type of nonsense and want everyone to believe that a “sexual offense” is equivalent to what happened to her. Her nanny had no criminal history. Yet, look what happened.
I watched a senate hearing with Book pushing for the new law in FL about what defines a “day”. This woman is vindictive and careless about the lives of registrants’ families that she is ruining. How about we use their favorite line of bs right back at them; “If it saves just 1 child (from being bullied, harassed and even assaulted), then do away with this overreach of registry requirements.”
Imagine a child’s father not coming home from the grocery store because he was arrested for being at that grocery store for the 4th time in 1 year for more than 30 mins and didn’t register it as an address!!! That’s basically what her precious “public safety” bill is all about.
The man in this story should sue. A decent attorney should take this pro bono and not let up until this man receives a hefty payout from the state of Floriduh and use that money to travel whenever and wherever he pleases.
March 6, 2021 at 5:56 am #81449
H n H
Watch what you ask for. Saying that if the person forced to register is on supervised release that that (paroled, probation) makes it OK to enforce this just opens the door for states to blanket any and all sex offense laws with automatic lifetime parole, no matter what, instead of 3 strikes and your out, it’s one strike and your life is over. . It’s this way in my state and it’s a windfall for the powers of the states to have all these regulations they can enforce towards anyone on the registry…….. For the rest of their life. It’s not right, and any holes people find to get around this, some jack wagon lawmaker will find a way to enact legislation to close it, and they’ll use that action as a platform for reelection claiming they “protected the children”.
After everything I’ve been through, I can’t find one single solitary thing good that can come from having a child in my life.
March 4, 2021 at 2:13 pm #81359
Well, if our society can begin to look beyond and through the laws that were created and see the truth of this matters maybe we will get that changed in legislation. It seems that the fight will eventually be won only when our population has had it with spending money the cannot afford to give back or even afford to give. The law is unbalanced, but the chaos that is created will allow it to recover. I too have 20+ years now and although I speak to people that say it should not be; I’m still here looking into a world I don’t recognize anymore and a social system that is strained as well as a financial institution planning to bale out even itself. I’ve got to still do my civil duties and also be a parent to my children. However, I am 3/5th a male/man and still standing in line for that day when this will be over…
March 4, 2021 at 2:28 pm #81363
My question is: Since FLA could possibly give paperwork telling people the notification protocol for leaving the state and returning back to it (I don’t know if they do, so I won’t assume it), do they give the protocol paperwork for not going (i.e. cancelling) and associated steps post-leaving notification to ensure people are in compliance with notification of that?
While it is the person’s responsibility to know of all laws which they could be impacted by, when precedent is set where leaving and returning protocols are harped on continually, one would think the state would notify the people of cancelled trips protocols too once the intent to leave notification is given with the leaving and returning protocols. A lack of notification would be, in my mind, a tripwire they would love to employ to catch people for the sake of stats and gloating.
March 5, 2021 at 5:40 am #81375
This is where Mens Rea should come into play.
March 5, 2021 at 10:04 am #81413
Sadly, legislators are a shrewd bunch and knew that men’s rea, or criminal intent, would be an affirmative defense for these “gotchas” which are replete throughout most registry laws, so they circumvented any defense by making the offense a strict liability offense. All the state has to do is prove one did the deed.
March 5, 2021 at 10:40 am #81418
Autocorrect on my stupid “smart” phone changed mens to men’s on me. Trust me….I know the difference. 🙂
March 5, 2021 at 5:44 am #81379
There is no common since in the usa anymore. There are no human rights in the usa anymore. The covid virus was only a sweeping rights killing virus, even more drastic than the sex offender virus that swept humans rights away. I has been proven that if you want to turn a Productive, Hard Working, Confident, Positive, Goal Orientated race of Excellent people, into a bunch of self opinionated, Whiny, Free loading, Self Serving Victims that insist that their own personal wants WILL BE put in front of everyone else. JUST SEND THEM TO THE GOOD OLE usa. They will get what they want!!!
March 5, 2021 at 12:17 pm #81434
A Mistake They Made
You are right on so many levels!
March 5, 2021 at 5:45 am #81389
This Happened to ME back in 2013….I was to attend a business meeting in Miami, and at the last minute, the meeting was cancelled…I never ever thought to call my probation officer, but the next morning, he sent the LEOs over and they arrested me; was given house arrest-the ‘666’ ankle bracelet was put on me; so my probation went from regular SO Probation to Community Control Probation…..
Yes i t was my stupid fault in not calling the Probation Officer, but looking back at this now, it was a Stunt by the LEO population to justify their existence!
And, this, Can happen to anyone who is forced to register….Strict Liability of the Law!
March 5, 2021 at 7:14 am #81388
Sheriff Woods only wants to show his county that he is tough on “perverts” , which everyone likes to see happen – anyone know if this Sheriff is up for re-election soon? This Sheriff Woods probably has nothing else to claim as being a so-called “good” Sheriff.
March 5, 2021 at 7:16 am #81394
Jeremy from Indiana
This is the fear we all live with every day we’re on the registry. People on the outside of it don’t understand the fear and the walking on eggshells attitude we have to have. I almost always have someone go with me when I register just in case they have to drive the car back! I live in one county and work in another. About 2 years ago, I quit a job in the county I work in to work for myself for a while. It was already part of my record that I was also self-employed, so I didn’t think about registering. I was not aware I had to register when I LEFT a job too. I decided to return to that job later on. The detective running the registry in the county I work in has now threatened me with prosecution every single time I register with him for the exact same incident. I feel like I just have to put my head down and take the abuse though because if I claim harassment, etc., I end up in jail. I am now looking for another way to quit my good job because I want out of that county for the remainder of my registration, which is about 2 and a half years left.
March 5, 2021 at 7:44 am #81397
Unfortunately it is the law makers, government, Hollywood etc who are the ones society should fear as they are the ones involved in the whole pedophilia and yet they push and push to keep themselves out of the spotlight while they push these harsh rules and laws on individuals who are no risk at all. Keep innocent people thrown in public view with the news and creating these people to be monsters when they’re not. I’m not a sex offender but I have seen plenty and this is just wrong on the law makers and governments part.
March 5, 2021 at 11:47 am #81427
You’re saying the same thing I’ve been saying for years now with regards to Hollywood. What I will say next may be controversial, but if you stop and think about it, you’ll see the truth and logic in my line of reasoning.
This is coming from the mind of a person who deals with minor attraction every day:
We hear of all this #Me Too about female actresses being “exploited” by directors and producers, but what we DON’T hear about the frequency or lack thereof regarding child sexual abuse in Hollywood. Think about this: what would be a better industry for someone attracted to children to work in? Let’s be honest here: when it comes to kids in movies, commercials, and TV shows, it’s not only talent, but cuteness that lands a child a role and in Hollywood that means one would be working around the cutest of the cute children; both boys and girls. You can’t tell me and make me believe that child sexual abuse is not very commonplace in the entertainment industry. You will never convince me that it’s not, but yet outside of the Michael Jackson incidents, we NEVER hear reports of children being molested by the Hollywood industry workers…directors, talent scouts, modeling agents….and yet the media is the most vitriolic toward P.F.R.s Has anyone ever thought “Hollywood protests too loudly.”?
March 5, 2021 at 7:45 am #81399
Capt Charles Munsey Jr. USN Ret
Everything I own is at my home in Florida. I have never gone anywhere, in-state or out-state, with the intention of changing my residence. This ‘residence’ definition and reporting requirement makes even ridiculous look reasonable. What kind of demented mind thinks this stuff up? I read the law enforcement arrest reports every week in Brevard County Florida and sex offenses are the least reportable arrests with one every four or five weeks. Drug dealing and driving on suspended licenses wins the award for arrests. Why are we even wasting time and taxpayer money with monitoring a sector of society that is such a minor threat to the public. Could it be that people in the business of monitoring registered citizens need something to justify their existence and pay checks?
March 5, 2021 at 8:41 am #81405
This is a terrible situation for this man and I hate this as much as everyone else, but the Law is the Law and another reason I preach “Know the Laws that affect you”. It doesn’t matter if we think it’s right, it’s the law and he should have known the law. It is his responsibility and all registered people, to know which laws affect them. The court will most likely throw this out because he has been a law-abiding citizen, but in Florida, you never know.
March 5, 2021 at 8:42 am #81377
Something along these lines got me back in 2007. I went out to Arizona on what was supposed to be a Family Emergency. The emergency didn’t pan out as originally thought. I’d obtained permission to go from Pennsylvania by State Police once I told them of the situation before I left. I was given the go-ahead. I arrived by plane in AZ. Registered with the local Sherriff’s Office. Four days later, the entire emergency situation became somewhat settled and no longer an emergency concerning My then Elder Parents. I won’t go into what it was all about. In any case, I left and returned to Pennsylvania, but forgot to Re-Register back there…for a year. Once I reported, I was arrested for failure to Register upon returning. Back then I’d been given only a 2year Probation Sentence because I’d proved that I didn’t report out of sheer Ignorance. Today, that won’t fly anymore here. So My suggestion to ANYONE is this: Double Check with The Locals BEFORE you go out of state. If for any reason something changes and you don’t go. IMMEDIATELY Report to the local agency again, and let them know you won’t be able to make the trip. They don’t care what the reason is…only as long as you tell them PROMPTLY! Double Check, to ensure you’ve done your due diligence, and if possible, RECORD the Phone Conversation or Visit when you go to the facility to check-in on your Smartphone. If they arrest you over it, before they take your Phone-because they will find and erase any absolving evidence to the contrary-call your attorney!!! At least if He or She’s worth what you pay them for, they’ll get you bailed out, and defend you in Court such that you might even have cause to Sue! Watch them back the heck off of you then. Because when you threaten THEIR MONEY SUPPLY, all of a sudden, they get a huge dose of Common Sense!
March 5, 2021 at 10:03 am #81411
Tyrus Charles Young
I sincerely hope that the court dismisses the case against this FL gentleman. That being said, I would like to point out a different side to the situation. As registrants we sign agreements with the SO units for where we live. Some are more onerous then others. But from the LEO standpoint, they are responsible for your whereabouts and require that they are informed of such – ALWAYS. In the case of this gentleman, he informed his local office that he was leaving the state and provided his destination. In Florida, that must be done within 48 hours of leaving. For all Florida officers knew he was on his way or visiting in VA. By not reporting and continuing to reside in FL, he was (even unintentionally) misleading the authorities as to where he was located. Assume someone was assaulted in his community during his “absence”. The LEOs would exempt consideration of him due to his assertion he was in VA. He is not being prosecuted for not going, he is being prosecuted for misleading the FL authorities of where he was.
March 5, 2021 at 10:04 am #81412
A few years ago, in Tennessee, my friend and I bought a used SUV for $2,000. I failed to notify the S.O. registration officer within 48 hours, a requirement easy to overlook. We were both arrested and charged with a felony. We had to make bail, and hire an attorney, to get the charges dropped to misdemeanors and get 10 days in jail plus one year’s probation. Monthly court fines and probation fees were charged. All in all, that vehicle cost us about $9,000 and jail time. As the registration officer said later, that ignorance of the law is no excuse; however, the one we violated was not obvious, and we were not familiar with it. This guy in Florida also faced obscure law, couched in legalese, and was expected to understand and abide by it. Yet those personnel in registry offices rarely ever explain things in detail. Even parole officers expect you to figure it all out yourself.
March 5, 2021 at 10:39 am #81421
Wow…..blaming the victim of a vicious, boobytrapped law…..We can never succumb to Stockholm Syndrome.
March 5, 2021 at 12:41 pm #81438
A Mistake They Made
It is the duty of legislators to make it clear what is or is not against the law. You had a good “Fair notice” case. You just needed a good lawyer. “Fair Notice” falls under void for vagueness cases in my State IN. If it is illegal for you to own a blue hat and you are arrested for having a red hat with a blue spot on it this would fall in this category.
March 5, 2021 at 10:16 am #81417
Tim in WI
The advantage of FTR,
A man face failure to provide has the opportunity to call the Sheriff to the stand. Along with the Sheriff’s testimony, paperwork is also in play. I simply request discovery and inspection of those document that relate to “instances of incarceration ( jailing) related to registration” The question of ” custody” is evident in proof of effect of registration. Even if state arrests you for suspicion of failure to register doesn’t give them right to incarceration beyond normal bail. Wisconsin has of course did it anyway because it had not been ruled on yet. SCOTUS did recently in PA case say this is the proper authority until after a jury has ruled on FTR guilt.
So now WI merely delivers a summons to appear. Obviously, I must abide, but that opens the door to the fight.
Fact is more time in jail results from the regime, even in scenarios where cases are dismissed, because it is the registry itself is inextricably tide to the sex case touchstone. Thereby when suspicion is used to jail or incarcerate in the FTR scenario then dismissed, the jailing can only be attributed to the sex case and not the FTR. This fact indicates the intent of the database regime in the first case.
The main reason why Americans under indictment were given a Kings power was ACCOUNTABILITY! To serve as a check on corrupting power!
I appreciate NARSOL’s response to this vigilante Sheriff. Unfortunately any Fed civil claim would likely fall on police immunity protection.
March 5, 2021 at 10:38 am #81423
This situation is and should be used as a prime example of the true design and intent of the registry scheme: a series of well-camouflaged tripwires designed to allow the system to lock up individuals no one else ever wanted released back into the community to begin with. The fact that there is no defense; in some states even being in the hospital in a coma fighting for one’s life will not spare conviction for the charge because as strict liability laws, there are NO good cause exceptions.
Any law that denies a person any legal defense at all should not be allowed to stand. Yes, I know there are many strict liability laws on the books, but this should NOT be one of them. “Sex Offender” law is a miasma of confusing, vague verbiage that even many attorneys cannot properly wrap their minds around it. Those who are incarcerated can’t depend on their case workers/correctional counselors to be versed in sex offender law and sex offender supervision either. I know. My counselors couldn’t tell me squat other than I had to register once I was released.
March 5, 2021 at 12:16 pm #81432
I’m still not clear as to the length of time Mr. Kaub would have allegedly stayed in Virginia. Would there have been an allowable missed registration reporting date in FL since he would have been out of state and would have reported in VA instead? If he reported he was leaving in August, was instructed to register in VA and since he did not go, was there any regulatory duty to register between August and February 24th in FL? In other words did he skip registering in FL because it was believed he was in VA? It seems this depends on how often, rather it was twice a year or quarterly that Mr. Kaub was was required to register. I assume it was twice annually but are we sure of that?
March 5, 2021 at 12:17 pm #81433
A friend of mine lives in a house trailer that I own ,and on this same property I live in a different trailer. I work out of state for 6 to 8 months of the year, and Florida is my permanent address.
She bought a new car and went to pick up her son and bring him back to live with her. He was in a very bad car accident and she wanted him to be here to help him in his recovery.
She left to get him the same day that she bought the new car. He lives out of state so she stayed about a week with him to take care of everything he needed so that he could move to Florida.
When she came back to Florida and went back to her job where she worked nights. I left her a message that I need her new registration so that I could take it with me to show the Sheriff department.
The Detective asked me when did she get the new car, and I told him about 3 to 5 days ago. He then said, the registration shows it was much longer than the time I reported. I just knew that I was not going to be free to leave… The difference in the amount of time difference is because she was out of state for about a week…and shorty after she returned to Florida is when I took the registration form to the Sheriff’s office. I’m waiting to see what becomes of this. They want to arrest for anything at all.
March 5, 2021 at 3:52 pm #81446
Yes, when I tried to leave this “rock” and move to Germany, the POS us government made sure that this SB was at the gate to deny my leaving, and I was required to re-register back in the state.
March 6, 2021 at 5:57 am #81453
I say as many people email the sheriff and tell him what you think & tell your lawmakers too
March 6, 2021 at 6:00 am #81454
If we all don’t stop the sex offender registry these are already poping up: Hello i found more studies and also found a list of other registries that are up n running: Five states (Montana, Oklahoma, Kansas, Illinois and Indiana) have violent offender registries;
Some states have them for meth (Tennessee and Kansas), others for drunken driving (Ohio’s has over 5,000 people on it). Florida has a “career offender” registry for people convicted of three violent crimes or who have been designated a “habitual violent felony offender” by a state court
Some jurisdictions require registration for narrower categories of offenses like violent crimes against children or animals
Oklahoma, for example, the violent offender registry was born out of a man’s gruesome murder of his elderly neighbor; the victim’s children argued that they should have been able to find out that their mother lived next door to someone convicted of manslaughter
.Public registration exacerbates known criminogenic risk factors (like poor housing, unemployment, social isolation and poverty), and larger public registries appear to result in more rather than fewer sex crimeDrug offender registry used to require 7yrs now it’s 10yrs before they can get off that rptDOMESTIC VIOLENCE REGISTRIESElderly abuse registryDomestic abuse registryTn felony offender registry Several states have expanded their registries to add perpetrators of other crimes, including kidnapping, assault, and murder. Tennessee added animal abuse. Utah added white-collar crimes. A few states considered but abandoned plans for hate crime and domestic abuse registries. At least five states publicly display methamphetamine producers.
March 7, 2021 at 6:15 am #81514
once upon a time in a land far away a cat named Pollack was thrown in jail under a florida statute that criminalized quiting work under a promisary note.
woe and behold, prayers sent in a petition for a writ of hocus pocus to those on the throans on high affirmed his inalienable right to shove his former job up his former masters bank account.
March 7, 2021 at 6:20 am #81519
Hey Terry H. Spoken like a man that has his handlers hands around your nads. Take it easy, we’re all trying to be the perfect law abiding citizens just like you. This crap is never going to change until there is some type of up rising from the registered people and their families. Talking isn’t doing a dang thing. There’s a petition to sign on change.org, just to try something new. You’ll be able to donate later to help pay the costs of attorneys fees if this petition should take off. IF WE, don’t join together somehow, the next years are looking pretty bleak. The US Supreme Court needs disband as much as the police do. I’m sick of living like this, I’ll try whatever it takes to mow over this AWA and other unconstitutionallaws and restrictions. There’s a documentary I watched over the summer about the Adam Walsh kid. What a crock of bologna. Look, I feel sorry for the kid but after watching it I was left thinking, neither John W the cops or anyone else knows what happened to that boy, other than being killed. NOBODY Can confirm that the guy that said he killed this kid really did it. He later claimed he said it for publicity, but Walsh needed revenger so he and the legislators push to get this signed by Bush. Where’s the rational thinking in that? I’m serious you can watch it for yourselves. I know I got off point but look at this guy’s situation now, he’s facing prison time over some loser cop. This has got to come to an end now! Not 1 or 40 years from now. Protest, boycot sign a petition, hell I don’t know what it’s going to take to shake these courts up. Just looked what happened when the cops finally started getting pushed back. Changes started happening. Cops were in fear, it was great. We don’t have a person with millions of followers willing to jump on the band wagon to fight like they did when they thought their government was doing them wrong. Non registered people are starting to see the injustice in all this b/s. This public registry has to be abolished, AWA has got to go along with it. Not punitive my ass. Aren’t you tired of these legislators, courts, cops, prosecutors, Walsh’s, etc predicting our future for us? Yet they’re telling us what we’re liable to do in the next 10 to 25 years, very very insightful people now aren’t they. If that were the case then Walsh should have known his son was in grave danger and prevented it. That’s about as ridiculous as any one of these nut jobs predicting what anyone of us are going to do.
March 8, 2021 at 6:02 am #81559
“People of Florida” Prosecution is probably going to say that Mr. Kaub was attempting to deceive the police by ‘pretending’ to be out of state when he was home all along. I’m going to guess that THAT ^^^ is the primary reason behind the allegation against him.
However, one has to consider: if one only has to register every year, every half a year, every 4 months, etc. (depending on the specific law of the suspect’s jurisdiction), what difference does it make if Mr. Kaub was in or out of state? He was registering all the same.
March 8, 2021 at 6:06 am #81549
When I lived in Florida I went to Boston for 3 days and gave my information to the sheriffs office. I returned telling the gal in charge that I arrived back in Florida and if I needed to provide proof I would come in. A month went by and I got a call from Boston asking me if I returned to Florida and ripped me a new one. I stated I had all the documents to prove that I was were I was and to back off. Florida advocates need to stop playing footies with the government and start playing hardball.