Legal system puts stumbling blocks in the way of “sex offenders” trying to be compliant
In Florida Action Committee’s most recent Weekly Update and Monthly Membership Call, we discussed paper arrests/felonies—when some error or omission in a Person Forced to Register’s (PFR) registration paperwork results in an arrest because of the inaccuracy of the data they reported to their sheriff’s office and, in turn, reported to FDLE.
We have also had discussions on incorrect information showing up that was never given to the sheriff’s office by the PFR. That has happened twice in my family member’s reregistration visits.
Some of our members have been given inaccurate information at their sheriff’s office. As was shown in the depositions for our most recent Ex Post Facto II lawsuit, law enforcement officials (including FDLE) do not agree on the interpretation of the applicable statutes. Most registration offices do not have people adequately trained to protect PFR’s who are doing their best to stay compliant.
MAKE SURE YOU READ THE PAPERWORK GIVEN TO YOU AT REGISTRATION BEFORE SIGNING AND LEAVING THE OFFICE. MAKE SURE IT IS ACCURATE.
It is extremely important that you keep several copies of your reregistration papers every time that you report. For my own family member, I kept a hard copy on my desk for quick reference, a digital copy, and a second hard copy in a locked, fire-proof safe. There are other options you can use, such as a safe deposit box; but if you are not already doing so, please find several different ways to store your paperwork. Even if you have been reporting for decades without any problems, please start saving the paperwork you sign.
Many law enforcement officials will do the right thing if they are the ones who have erred, but some will not, and we need to protect ourselves from the latter. One PFR in North Carolina is fighting for his constitutional rights because of a sheriff and his deputy in charge of sex-offender registration, who both gave the PFR incorrect information on how to comply, and then arrested him. It comes as no surprise that both officials are claiming qualified immunity.
As I have informed others, about the only time law enforcement officers do not enjoy qualified immunity is when they arrest someone for a non-existent crime or knowingly arrest someone without probable cause. In those two situations, as in this particular case, law enforcement officers are not entitled to immunity and can be sued in their personal capacity.
I’m glad that the appeals court in North Carolina upheld this longstanding legal doctrine, even when it involved a PFR. The law enforcement officials involved either knowingly, or in reckless disregard of the law and facts, arrested the PFR without probable cause and now will pay the price, literally.
Seems like many have found stumbling blocks in a lot of this registry scheme from its beginning.Call it fair or unjust or this immunity factor involved. Well no one is immune from truth and true and fair justice. Were many blinded by this registry scheme.
Do many call the registry for what it is or a scheme of unjust punishment or lifetime behavior management 101. Should we all say who is perverting to prevent or who causes a riot without provoking others of the robbery? Many in this registry are being duped by all this guilt complex system or who is guilty in this riot of unjust prevention.