Regent Law Professor James Duane gives viewers startling reasons why they should always exercise their 5th Amendment rights when questioned by government officials.
That is the advice I wrote in letters to my 3 children when I got to prison. Even though I admitted my crime, investigators still felt the need to lie about what I had said to them. That’s where I really lost a lot of respect for law enforcement people.
Same thing happened to me, and then the assistant prosecutor threatened my wife to put me in prison for life if she told the officer filed a false police report.
I sometmes get probation and registration mixed up, since I deal with both.
While on probation, you have to show police your ID if requested, but do you have to allow them in your house and do you have to talk to them? My understanding is no. You only have to let probation in. Correct?
BUT, if you are not on probation YOU SHOULD NEVER let law enforcement in your house (unless you have a warrant) or answer any questions. If they say, “why, what do you have to hide?” tell them they can come back with a warrant or speak with your attorney. If you are not under arrest, you are free to walk away, ask them to leave your property or close the door.
All registered citizens on probation have a “warrantless search” clause in their probation order and have to let ANY law enforcement search in their house, car or residence area that I have ever known of without a search warrant, so you may be mistaken here.
I had asked everyone in my “group therapy” if theirs was the same and all said yes. It is standard probation language.
I like the door sign! A registered citizen who is not under supervision of some sort does not relinquish Fourth Amendment rights, which are particularly strong at the threshold of your home. It also applies to your vehicle. Never consent to a search. Never! You have just given up any Fourth Amendment protections.
If stopped on the street for questioning, your response should be some variant of “Am I free to leave?” If the answer is “No” then inform the officer that that constitutes a “non-consensual custodial interrogation”, and request an attorney. If the answer is “Yes”, just leave without answering any questions.
It is often difficult to assert our rights in the face of someone wearing a badge and a gun. However if we don’t, these rights will be eroded away. LE loves to assume more power than they actually have. The first step is to understand our rights as determined by the courts. Then take courage.
“Don’t talk to the police” applies to those on probation as well. You must be forthcoming with your PO, but I’ve seen no probation paperwork that says that one must talk to law enforcement officers. Whether you have to let police in your house depends on your paperwork.
That’s interesting because every time the police show up for a home check, (monthly now) I get quizzed about everything on my sheet, like taking a test, to see if I pass or fail…..
Where in the SORNA statutory language requires a person who is forced to register, who is NOT on any type of Supervised Release, is required to show Identification?
I cannot find that statutory language…Here is my take on the situation:
“The United States Supreme Court (SCOTUS) has recognized a 4th Amendment Privacy Interest in NOT providing a person’s name or Identification or any other information to Law Enforcement when a person is not being detained on reasonable suspicion of committing a crime or imminent commission of a crime. ‘Stop’ and ‘Identify’ Statutes are approved by SCOTUS on the narrow grounds that identification must only be presented when a Court of Law of Jurisdiction has established a reasonable suspicion or probable cause.”…this is actually verbiage from one of my cases in which I am suing this ‘higher authority’.
I wish there was a video like this to view when I was 40 years younger; I was always taught honesty is the best policy and answering questions would be right. Little did I know.🙂
I would not say that. Especially if they do know. It can be something as simple as they know their child went to the grocery store to get some pasta. It’s a crime to lie to law enforcement and they will screw a person over every chance they get. It seems outlandish and very unlikely that a person would be convicted of a crime for saying “I don’t know”, but I know you know that people have been convicted for all kinds of nonsense.
I think a better response would be, “Stop wasting my tax dollars. Stop pretending like you are doing something useful. F off.”
But as I’ve said before, what kind of message do you think would be sent if no Person Forced to Register ever allowed law enforcement to visit them at their home? Like not ever. Do you think that would be noticed? What would it say?
Also, fairly unrelated, but I would guess that even people who are on probation or parole don’t have to allow law enforcement to visit them for Registration purposes. Unless it is written in the person’s sentencing, yes?
As a United States Citizen you are not required to answer the door for anyone, including the police. This includes your probation officer as well…. although I wouldn’t recommend that one.
FSORNA says probationers must submit to warrantless search by any LE officer with reasonable suspicion concerning unlawful conduct or a violation of a condition.
Not sure what constitutes reasonable suspicion, but pretty sure address check in itself cannot constitute reasonable suspicion. There needs to be a valid reason, even if there’s no warrant.
My probation order just says I must submit to warrantless search from any LE officer. It does not give any stipulations as you suggest. It may be true if it is not a condition of your probation, but mine specifies any LE officer and gives no reason needed…
Probation Officers (especially in FLORI-DUH) can walk right into your residence without a Warrant and basically can RANSACK your residence..It never happened to me but I know many persons required to register happen to them on many many occasions, and some are not even persons required to register…..SO, it really depends on your Probation Officer and their altered state of mind!
‘They’ usually show up are your residence with local LEO’s…..Who will detain you, perhaps handcuff YOU while they ransack your residence…
Whether it is legal, who knows…that will depend on the Judge who would over see your case, if you have enough monies to defend your self!
Happened to me. PO showed up with FDLE and OCSD and 5 or 6 other po’s from our office, with 30 armed officers, FDLE Cybertruck van and 20 or so LE vehicles out front. They ransacked my house (even took the AC vents off the walls) and detained me in the kitchen for 3 hours while they searched inside the house, outbuildings, garage, vehicles and grounds. They analyzed all my computer hard drives and storage devices.
Nothing found and they left without explanation or apology after about 4 hours.
When I told my “group” the next week they said it sounded like a training exercise with the hope of finding something anyway since all SO’s assumedly by LE are hiding something and up to no good at all times.
Wrong. If you do not open your door to your PO you will be violated, picked up and taken to jail….Most of you seem to think you have your rights in tack while on probation. You don’t! You are at the mercy of whatever your PO wants to do.
“This type of operation shows how ridiculous the demands are to defund the police, to defund law enforcement. Who will protect our children?” Huber said.
This type of operation shows that demands to defund the police are 100% on point and long, long overdue. Same with criminal government and boot lickers like Ken Wallentine, Matt Harris, and John Huber, who all need big government to give them pathetic jobs. Defund.
As a parent and grandparent, I’ve never needed the Registry Hit Lists and never will. Imagine thinking that big government could help you, LOL! I will go ahead and assume that ALL of my neighbors are active, raging child molesters so that I can actually protect my family, instead of relying on propaganda from big government. The funny thing is that if I looked at their Hit Lists then that WOULD tell me the people that I likely don’t have to worry about, so I could focus more on everyone else. But I’ll just go ahead and supervise and educate the children I’m responsible for.
Remember, because Registries exist, F the police. Work to defund them in every way that you can. They are harassing criminals.
That is the advice I wrote in letters to my 3 children when I got to prison. Even though I admitted my crime, investigators still felt the need to lie about what I had said to them. That’s where I really lost a lot of respect for law enforcement people.
Same thing happened to me, and then the assistant prosecutor threatened my wife to put me in prison for life if she told the officer filed a false police report.
Remember it is permissible for Law Enforcement to lie to you and the always do to get what they want.
Caveat: Talk to your P.O.
I sometmes get probation and registration mixed up, since I deal with both.
While on probation, you have to show police your ID if requested, but do you have to allow them in your house and do you have to talk to them? My understanding is no. You only have to let probation in. Correct?
You must let probation in.
BUT, if you are not on probation YOU SHOULD NEVER let law enforcement in your house (unless you have a warrant) or answer any questions. If they say, “why, what do you have to hide?” tell them they can come back with a warrant or speak with your attorney. If you are not under arrest, you are free to walk away, ask them to leave your property or close the door.
If you don’t feel comfortable saying something, prepare a sign to keep by your front door that you can hold up. You can download one here: https://s3.amazonaws.com/assets.iamerica.org/c4/s3fs-public/files/kyr_card.jpg
All registered citizens on probation have a “warrantless search” clause in their probation order and have to let ANY law enforcement search in their house, car or residence area that I have ever known of without a search warrant, so you may be mistaken here.
I had asked everyone in my “group therapy” if theirs was the same and all said yes. It is standard probation language.
FAC clearly said “if you are NOT on probation” …
I like the door sign! A registered citizen who is not under supervision of some sort does not relinquish Fourth Amendment rights, which are particularly strong at the threshold of your home. It also applies to your vehicle. Never consent to a search. Never! You have just given up any Fourth Amendment protections.
If stopped on the street for questioning, your response should be some variant of “Am I free to leave?” If the answer is “No” then inform the officer that that constitutes a “non-consensual custodial interrogation”, and request an attorney. If the answer is “Yes”, just leave without answering any questions.
It is often difficult to assert our rights in the face of someone wearing a badge and a gun. However if we don’t, these rights will be eroded away. LE loves to assume more power than they actually have. The first step is to understand our rights as determined by the courts. Then take courage.
“Don’t talk to the police” applies to those on probation as well. You must be forthcoming with your PO, but I’ve seen no probation paperwork that says that one must talk to law enforcement officers. Whether you have to let police in your house depends on your paperwork.
That’s interesting because every time the police show up for a home check, (monthly now) I get quizzed about everything on my sheet, like taking a test, to see if I pass or fail…..
We wrote about this before. Show your license and show the way to the sidewalk.
Where in the SORNA statutory language requires a person who is forced to register, who is NOT on any type of Supervised Release, is required to show Identification?
I cannot find that statutory language…Here is my take on the situation:
“The United States Supreme Court (SCOTUS) has recognized a 4th Amendment Privacy Interest in NOT providing a person’s name or Identification or any other information to Law Enforcement when a person is not being detained on reasonable suspicion of committing a crime or imminent commission of a crime. ‘Stop’ and ‘Identify’ Statutes are approved by SCOTUS on the narrow grounds that identification must only be presented when a Court of Law of Jurisdiction has established a reasonable suspicion or probable cause.”…this is actually verbiage from one of my cases in which I am suing this ‘higher authority’.
Please comment to clarify on your behalf…
thank you
I wish there was a video like this to view when I was 40 years younger; I was always taught honesty is the best policy and answering questions would be right. Little did I know.🙂
I have taught my children and grandchildren that law enforcement should never, ever be trusted. They know to never speak to them about anything.
My children are all very successful. A couple of them are very high up in education vocations. They are influencing thousands of young people.
My children have helped me ensure the Registries are worse than worthless, for a very long time.
Wow. Mind opening!
Who knew?
Excellent! A must see.
So what do the parents of a RSO do when the police visit their home asking where the RSO is?
They can say, I don’t know.
I would not say that. Especially if they do know. It can be something as simple as they know their child went to the grocery store to get some pasta. It’s a crime to lie to law enforcement and they will screw a person over every chance they get. It seems outlandish and very unlikely that a person would be convicted of a crime for saying “I don’t know”, but I know you know that people have been convicted for all kinds of nonsense.
I think a better response would be, “Stop wasting my tax dollars. Stop pretending like you are doing something useful. F off.”
But as I’ve said before, what kind of message do you think would be sent if no Person Forced to Register ever allowed law enforcement to visit them at their home? Like not ever. Do you think that would be noticed? What would it say?
Also, fairly unrelated, but I would guess that even people who are on probation or parole don’t have to allow law enforcement to visit them for Registration purposes. Unless it is written in the person’s sentencing, yes?
Parents are not required to provide an answer. “He’s not here right now” is sufficient.
As a United States Citizen you are not required to answer the door for anyone, including the police. This includes your probation officer as well…. although I wouldn’t recommend that one.
FSORNA says probationers must submit to warrantless search by any LE officer with reasonable suspicion concerning unlawful conduct or a violation of a condition.
Not sure what constitutes reasonable suspicion, but pretty sure address check in itself cannot constitute reasonable suspicion. There needs to be a valid reason, even if there’s no warrant.
My probation order just says I must submit to warrantless search from any LE officer. It does not give any stipulations as you suggest. It may be true if it is not a condition of your probation, but mine specifies any LE officer and gives no reason needed…
Probation Officers (especially in FLORI-DUH) can walk right into your residence without a Warrant and basically can RANSACK your residence..It never happened to me but I know many persons required to register happen to them on many many occasions, and some are not even persons required to register…..SO, it really depends on your Probation Officer and their altered state of mind!
‘They’ usually show up are your residence with local LEO’s…..Who will detain you, perhaps handcuff YOU while they ransack your residence…
Whether it is legal, who knows…that will depend on the Judge who would over see your case, if you have enough monies to defend your self!
Happened to me. PO showed up with FDLE and OCSD and 5 or 6 other po’s from our office, with 30 armed officers, FDLE Cybertruck van and 20 or so LE vehicles out front. They ransacked my house (even took the AC vents off the walls) and detained me in the kitchen for 3 hours while they searched inside the house, outbuildings, garage, vehicles and grounds. They analyzed all my computer hard drives and storage devices.
Nothing found and they left without explanation or apology after about 4 hours.
When I told my “group” the next week they said it sounded like a training exercise with the hope of finding something anyway since all SO’s assumedly by LE are hiding something and up to no good at all times.
Wrong. If you do not open your door to your PO you will be violated, picked up and taken to jail….Most of you seem to think you have your rights in tack while on probation. You don’t! You are at the mercy of whatever your PO wants to do.
I think you are right.
But I think your “most of you” statement is very wrong.
Think you meant to say “intact” as well.
UT: 20% of sex offenders found in violation of requirements, operation finds
https://www.fox13now.com/news/local-news/20-of-utah-sex-offenders-found-in-violation-of-requirements-joint-task-force-finds
(h/t: Guy Hamilton-Smith) Everything that is wrong with sex offender journalism is contained in this article.
Forgot this valuable commentary on the above:
https://littlereddots.substack.com/p/what-about-the-sex-offenders-the
“This type of operation shows how ridiculous the demands are to defund the police, to defund law enforcement. Who will protect our children?” Huber said.
Umm…. Their parents? Their families?
This type of operation shows that demands to defund the police are 100% on point and long, long overdue. Same with criminal government and boot lickers like Ken Wallentine, Matt Harris, and John Huber, who all need big government to give them pathetic jobs. Defund.
As a parent and grandparent, I’ve never needed the Registry Hit Lists and never will. Imagine thinking that big government could help you, LOL! I will go ahead and assume that ALL of my neighbors are active, raging child molesters so that I can actually protect my family, instead of relying on propaganda from big government. The funny thing is that if I looked at their Hit Lists then that WOULD tell me the people that I likely don’t have to worry about, so I could focus more on everyone else. But I’ll just go ahead and supervise and educate the children I’m responsible for.
Remember, because Registries exist, F the police. Work to defund them in every way that you can. They are harassing criminals.