After 15 Years, Does the Adam Walsh Act Need Rethinking?
On July 27, the US Marshals Service (USMS) issued a press release[i] celebrating the 15th anniversary of the passage of the Adam Walsh Child Protection and Safety Act (AWA).
But the Act continues to be controversial. Many states find it confusing or expensive to comply with. And, arguably, the additional scrutiny it places on registered sex offenders has had no impact on recidivism.
The requirement under the Act to place teens as young as 14 on sex offender registries, as well as the requirement to classify Registered Persons by offense rather than by risk has added an extra burden to lawmakers. That may be why only 18 states, four territories and 136 tribes have been in “substantial compliance” with the AWA guidelines[ii].
Texas rejected the AWA because authorities found it would cost them only $2 million to take the federal penalty for refusing to adopt the AWA guidelines, but $39 million to implement them.[iii]
Even among AWA-compliant states, laws vary greatly and are no less confusing and complex than before they adopted the AWA guidelines. In Ohio, the first state to adopt the AWA, the switch from risk-based to offense-based classification placed three times the number of Registrants into the “Tier 3” category, the category associated with high-risk offenders. This was a direct result of the AWA guidelines; no additional crimes were committed to cause this change.
The Ohio Supreme Court later declared SB 10, Ohio’s AWA compliance law, was punitive and violated constitutional protections against retroactive laws.[iv] As a result, Ohio has two separate registry guidelines, one for those convicted before January 1, 2008, and the other for those convicted after January 1, 2008.
Ohio wasted about $10 million in taxpayer dollars to defend this controversial law in the courts.[v] Ohio’s sentencing commission has since recommended Ohio return to a risk-based classification system, which would bring the state out-of-compliance with the AWA.[vi]
They celebrate an abysmal law that has ruined countless lives…yep, that’s the federal government. Brought to you by the very same people who would prosecute any if us for lying under oath, but they encourage perjury among their own ranks to get convictions of so called sex offenders. I know from personal experience.
THANK YOU for this post. My Eyes were just opened. That is about the time when I got escalated from left alone and registering twice a year, to 4 times a year and several compliance checks more than usual.
I have asked over and over again why that happened to me as I had not committed anymore crimes. Seems again another Ex Post Facto, factor, another notch in saddle. Probation like requirements are next if they keep getting away with all this non punishment-punishment.
And don’t forget, many Florida Law enforcement agencies now use license plate readers. You might think “Well if I am not doing anything wrong why would they pull me over?” Well, because they get a hit that you are a registered offender and they will find something to nab you with. Much of the same info on your driver’s license is also in your car tag as it is the same database, The Department of motor vehicles.
Big Brother ain’t ah comin, He’s already here.
I’m still on federal supervised release. This is not the same thing as probation or parole, both of which substitute for punishment; probation on the front end and parole on the back end. I also live in a state that does not require a registrant to answer a residence check.
When my supervising officer (who works for the judicial branch) comes by and wants to look around, I comply fully. It only lasts about 10 minutes. Last year I got a call from a deputy who asked me to open my gate for a residence check. I politely reminded him that they are not required and his department was exceeding its authority. They went away and didn’t come back. I would do exactly the same with a US marshal, unless he was with my supervising officer.
It is important to know who has what authority, and to object when they step over the line. Otherwise, the oppression slowly escalates, like the old boiling a frog metaphor. I’ve found that some with authority detest being reminded of its limits. But this is America, and we are citizens.
Veritas.
So can someone explain how they can pull you over when all they know is that the person registered to the vehicle license plate they scanned is a RC? Where are the “articulable facts” that gave rise to their “reasonable suspicion” that would allow them to conduct a “temporary detention” a (Terry Stop) in order for you to explain yourself and alley their fears that you are committing, have committed, or are about to commit a crime?
A temporary detention requires a “reasonable suspicion” in order for them to investigate the potential crime but where are their “facts” that allow them to do so? Any person pulled over by law enforcement based solely on a license plate scan should document the detention and tell the officer that they are not answering ANY questions, and ask them why they are stopping you, and then ask “am i being detained and am i free to leave”? All of their answers need to be recorded for future civil action.
Absent any “reasonable suspicion” the fact that you are a RC driving down the road is NOT justification for a detention and if they pull you over they are acting outside of their authority. Make sure you document the entire incident, do not answer any questions, and ask them repeatedly if you are free to go.
The law enforcement officers are acting with “good intentions” however that does not justify violations of peoples rights and most of the time they are depending on you not knowing what you are required to do when they stop you so that they can build a case to arrest you for something, let them know that you are aware of exactly what they can and cannot do
Sentinel
Well not sure I can justify what they do but can tell you how I got stopped. In Florida, registered humans are not allowed on school campuses. That includes colleges. I had to drop my son off at his College and as I was attempting to exit the campus, I got zapped.
The cop tried at first to say I ran a stop sign which was total BS. I remained professional and told him I was former law enforcement and to cut the crap and tell me why I was stopped. He then explained I should then know that convicted sex offenders are not allowed on campus.
I countered by saying, I was not “ON” campus, I never left the car and was dropping off my son and once he got all his luggage, I gave him a hug and left. And if he needed to verify that, I can call him right now.
After warning me to “NEVER come back unless I have written permission” or face arrest, I drove home shaken, pissed and disappointed in the “Greatest” nation in the World treating their citizens like a 3rd World country.
* Re-read above, the cop originally lied about why he stopped me. You are sworn in with an oath to uphold “Truth” and justice. He stepped all over the constitution with that one. Wonder how many other people are sitting in jail because of this power hungry puke.
‘In Florida, registered humans are not allowed on school campuses’ is not correct.
You have to check county law as well as the individual school, but there is no such state law. In fact, Florida law requires people to REGISTER institutions of higher education in which they are enrolled— something that would be impossible to comply with if there were an outright ban.
Over the years, I have sat down with multiple school principals to discuss the rules and local laws governing registrants on their campus. Not once have I been harassed by school resource officers.
Registered
That is the first time I had any issues. Like I said, he got me with a license plate reader. When I told him I was former law enforcement and also have a criminal justice degree, he made a motion in the air with his hands as if to say “Woo who, good for you”.
Funny, we cannot live close to a school and yet we can attend classes? If that isn’t the dumbest thing ever. What’s that French Saying? “C’est la vie”
What about the fact you be a house during the day while school is in session; yet you have to leave when it gets dark? How many students under 18 take night classes? These lawmakers aren’t the sharpest tools in the shed; yet believe they are rockstars.
You are correct in what you say about reasonable suspicion and Terry stops, etc. However the reality is that a cop can stop any car and invent a very simple pretense like “you crossed the center line.”
You did bring up an important point. If detained by police or if a traffic stop goes beyond a normal ticketing process, you should always ask, “am I free to leave?” That question clears up any ambiguity as to whether a “reasonable person” would feel free to leave. If the answer is yes, wish him a good day and leave. If the answer is no, inform him that any questions constitute a “non-consensual custodial interrogation” and you would like an attorney present. The second point is to never, never consent to a search of your vehicle or allow police to enter your home without a warrant.
Veritas.
Sentinel, cops need “probable cause” to pull someone over in a traffic situation, not reasonable suspicion (which is a lower standard). I’m a former LEO and I know what they’re doing. They use their tag readers to follow a RC around until the RC makes a traffic violation such as driving too fast, driving too slow, failure to maintain a proper lane, bald tires, improper equipment, failure to complete a stop, failure to yield, etc. The list goes on. Bottom line, they wait like sharks for a RC to give them probable cause for a “legitimate” stop. Then they’ll check all the registration information and try to find probable cause for an arrest for failure to register. That’s how it works.
EXLEO
If you are former law enforcement, then you know they don’t need crap to pull you over in many of their minds. You also know there are good cops, bad cops and neutral cops. Neutral cops are good cops who stand by while bad cops do bad stuff.
Anyway, back to the probable cause. Bad cops probable cause is whatever made up infraction they come up with. Who is the judge going to believe? A decorated Sgt. with 20 years on the job or some poor black man who drives around and picks up aluminum cans because his social security doesn’t even cover his medicine.
The last 3 tickets I got, I took all of them to court and won. None of the 3 times did the officers show up to court. One got tossed immediately. One got tossed after asking me a few questions.
The last one I got asked 40 million questions by the judge before it was dismissed with a tongue lashing. (That one was a traffic camera violation where I stopped, made a right on red and still got a ticket). I did a “rolling stop”. The traffic camera did not show up to dispute my defense LOL
All you former LEO’s should stop wasting this very good information on a comments section and perhaps go write articles or books about all the crap “law enforcement” does to the people who pay their salaries. You all have more insight on what goes on behind the scenes while most Americans think cops are here to “protect and serve”. No, they’re here for a paycheck and an ego boost. And that’s obvious.
Maestro, I’m actually working on a book right now. This is a great forum to see all sides. In over 20 years of my past career, I always treated everyone with dignity and respect. Never got in trouble for use of force or anything. You all are tremendous resources of information about the SO registry, which I openly disagreed with while on the job. Thats what forced my retirement because I know as a former internal affairs detective that many cops could easily be on the registry too if they were ever prosecuted.
Cherokee, I agree with you for the most part. There are good cops, bad cops and neutral cops. My point to even commenting was to help Sentinel understand by hopefully answering his/her question. That is, cops need probable cause for a traffic stop. I listed only a few examples of what a cop can use as probable cause to initiate a traffic stop and investigate the driver or registered owner even further. Tag readers are not enough. And yes, some cop will just make up their probable cause. And that’s why everyone should take them to court. Thanks for your input.
To: ExLeo
Thank you for what ever amount of time you put into your service to the community. I got so fed up I transferred to Homicide. All the people I dealt with after that were already dead. Having said that, it started to take a toll on my mental health and I finally left a career I thought I was going to love. Problem is, it didn’t love me back.
If you were not part of the good ole boys club, you were treated as bad as some of the people you arrested. I had a college degree but made less than someone working in a warehouse. Of course this was back in the 80s. My Starting pay was $15,800 a year.
Cops now at bigger agencies right out of the academy are being offered $45,000 to $50,000 a year to start. Back in my day some small town police chiefs didn’t make that much.
CherokeeJack
You mean the 1980s right or are you a ghost lurking on this forum. Explains why your ice cream is gone all the time. Great I’m communicating with a ghost.
Brandon
Yup I was a cop back in the 1880. I look good for my age haha
Back then they walked a beat and had just wooden Billy clubs. The big cities had cops but the smaller towns had Sheriff’s . Some smaller towns had citizen vigilantes who protected the town because they were too poor to pay for a Sheriff.
Very few crimes were solved back then. And very few cases went to trial. You spent some time in the local jail or if the crime was bad enough, you got “hanged by the neck until dead” in a public forum.
They sort of had a registry back then. They would hang flyers called “Wanted” posters all over town for the people to be on the look out for you. Some of them read “Reward, Wanted Dead or alive”. Years later that would become a Bon Jovi Song 🙂
People don’t get pulled over for being registered. License plate readers are used for multiple purposes.
First sentence is false, second is true.
Not directly relevant to your statements, but related:
Where I live, neighborhoods are starting to install their own ALPRs. It is trivial to keep years of records of all the vehicles that have driven in your neighborhood. When, where, all that.
I see that Floriduh includes license plate numbers on their Registry website. It would be trivial for a computer program to pull all that information together into a database (unless they’ve prevented that somehow and I don’t see how they would). It would be trivial for a neighborhood with ALPRs to check each vehicle driving in the neighborhood to see if it is Registered. Do you think they’d be outraged to learn that People Forced to Register (PFRs) drive and live normal lives?
I’m sure you are aware that scumbag John Tobia and his fellow government criminals created an ordinance for Brevard County that allows businesses and other places to sign up to be “pedophile free” zones where PFRs are not allowed to be. How soon do you think that is coming to neighborhoods? Plenty of neighborhoods try to keep PFRs from living there. How about visiting? Or maybe just the vigilante posse will greet them?
FYI, the unedited version I submitted is at:
http://sosen.org/blog/2021/07/31/fifteen-years-of-the-controversial-adam-walsh-act-is-nothing-to-boast-about.html
In case anyone wants to see the subtle differences between what was submitted and what was published. Most noticable is the headline. I’m not disappointed with the edits or anything, I just figured those trying to get something published would want to see how your submissions could be changed.
The entire world needs to forget about what happened 40 years ago because of some housewife’s contributory negligence.
Ever notice how all these laws stem from a mother’s failure to properly parent? They are emotional manipulators that have successfully warped reality and off-setted their guilt by blame shifting and reverse engineering EVERYONE with a sex offense as a potentially dangerous deviant.
Professional victims like John Walsh think the world and society OWES them and are deluded into thinking that the registry somehow gives their lives “purpose and meaning” and keeps Adam dying in vain. This is the type of fantasy-world the U.S. Marshals are living in. So of course they are proud in their little blue insulated fantasy bubble.
The AWA law is more spite work, directed hatred and vengeance than it is “justice.”
I owe John Walsh as well as others, a Jack ship sandwich with a side of look into the mirror fries, and septic water to wash it all down. What happened to you is your responsibility, not other people? I didn’t fail your kid, you did you ignorant person; so get your head removed from fantasy land. Just because something bad happened to you doesn’t give the right to seek vengeance in your child’s name.
To: brandon
Or at the very least, if you do seek vengeance, at least aim it at the person who actually killed your kid. Not some guy/gal who lives 1000 miles from you that you have never met and never will.
CherokeeJack
That’s to much common sense for these people to grasp.
Professional victims like John Walsh/ Him and his wife’s incompetence as parent’s made him famous and rich. He knew dam well he could turn this tragedy into one big money maker, and that’s just what he did and is still doing it,, heck he’s even got many show’s named after him and staring in, yes he was and still is all about making money,, sensationalizing big name crimes to help him make more money. https://www.bing.com/search?q=john+walsh+show&cvid=dd2fd6ec75ed4759abb3b0cc2327da02&aqs=edge.0.0l7.9583j0j9&FORM=ANAB01&PC=LCTS
“…. because of some housewife’s contributory negligence.”
Good point. Why didn’t public-vigilante-Walsch create a website listing negligent parents??
“Texas rejected the AWA because authorities found it would cost them only $2 million to take the federal penalty for refusing to adopt the AWA guidelines, but $39 million to implement them.[iii]”
I hope the fines for refusing to adopt go ups so high that States cannot afford it, nor afford to implement the guidelines.
Break their budgets!!!
What we need to do is force the sheriffs office to allow registration 24/7. That way you can comply with the law within the allowed time frame. Car registration/address change etc.
Jack S
We only have one location where I am at to register. For some people it is over an hour drive to get there. It is in the hood and even during the day it is not a safe area. So no way I am going there at 3am without being armed, which we are not allowed to be.
Also they are only open from 8am to 4pm M-F , no weekends or holidays.
I don’t work, but when I did, I had to take a vacation day to register because my lunch hour would not allow the drive there, standing in a long line and being able to eat something.
So with 4 times a year, I had to give the Sheriff’s office FOUR of my vacation days every year. At least after I registered I didn’t have to go back to work with a vacation day off. I could go home and be miserable that I have to register at all but be happy that I got it out of the way until the next 90 days arrived.
But didn’t a Texas courts say that the State of Texas could not put anyone on the registry for longer than the AWA says? LOt of people are on for life if we go by the AWA requirements, but I do bleive that this court said that for the 10 and 25 year registrants, it was 10 or 25 after either the offense or conviction NOT after end of sanctions.
joeM
30 years since my slip up. 29 years since I was arrested. 28 years since I was sentenced. Got released in 1997. Went through several appeals and finally won in 2003, getting off probation 6 years early.
Keep having new rules applied and someone got stuck with the Life time registry without a chance of some pie or cake.
What they did to you is not just wrong. It is criminal.
Well Will
At least I have some comfort that it wasn’t just me having these constant add ons to the registry applied to me. Every day I wake up, I would if this will be the day that they change their minds. And with a new law, just like that, you are violated Ex Post Facto style.
@JoeM
The break down in Texas goes something like this. The charge is tied to the AWA guidelines which took place in 2006. If the charge falls under the AWA 10 year or 25 year or lifetime requirement, that is the maximum the state can give the defendant. However it is kind of murky. I was given 10 year Deferred Adjudication Probation in 2004 for a charge of Agg Sex assault of a Child. First degree felony in Texas. Normally carries a 20 to life sentence. I completed probation in 2014 and proceedings were dismissed. No conviction under my plea deal. I am listed as low risk, tier 1, but, have to register lifetime. I am still rather confused with this. No conviction but must still register lifetime. This is the case with many people here in Texas. I wonder if there is any avenue for removal except for the bogus plan the state currently has in place which is basically useless. Any ideas?
Meanwhile, Sheriff’s Judd is up to his antics again by using fake children to lure suspects into compromising situations for news attention. See https://www.wesh.com/article/17-suspects-arrested-accused-of-various-lewd-sexual-crimes-against-children-polk-officials-say/37208692
If Miss Piggy and the host of Wheel of Fortune had a baby Sheriff Judd would be the kid. Sheriff Judd acts like a pig with his dirty tricks to arrest people; while using his wheel of fugitives for his pressers with his shady smirk.
No offense to Miss Piggy or Wheel of Fortune.
Wait. It gets better. Three of the people caught in this sting are WDW employees, so many of the out of state articles are saying stuff like “Disney employees arrested in child sex sting operation.” Aad after Disney went to all the trouble of banned us from their parks. 😉
Characters by day, lurking online at night. Is this first time a employee of Disney has been arrested? Wonder the PR nightmare going on there now. Even if Disney World would change their policy I still wouldn’t step foot in Florida. Not one of them was in the registry, so how’s that protecting children in Florida. Florida come on vacation, leave on registration should be the state motto.
JoeM
And technically, No crime was committed. They did not meet children, they met adult law enforcement. regardless of their ill gotten intentions, there never was a child they were talking to.
This was decided years ago with drugs. So many cases were tossed at trial when the defense tested the “Cocaine” and it turned out to be flour or powdered sugar etc. Officers had to start using previously confiscated actual drugs in their stings so the charges would stick.
But again, with “Sex” everyone goes ewwwww, and a magic wand is waved and it is ok to “Fake” a sting for the safety of the fake children. Am I saying kids don’t need to be protected? NO I am not saying that. Were some of these guys pervs and deserved to be locked up? That is not for me to decide. At least I was arrested for something I actually did and not something I “Thought I was going to do”. (Well other than the add on BS charges they threw on to my case to pad the evidence)
Funny how having sexual contact with a minor has tradtioanlly been a strict liability offesnse in many jurisdictions. Knowledge is not an issue Doesn’t matter if the child had a fake ID or misrepresented their age. YOU are guilty. So shouldn’t it also work that if the “victim” is not actually a child, then there can be no crime as a matter of law? Nope. Why not? Because we said so.
First…Thank You Derek for your Posts and Information, as they are ALWAYS VALUED!
Second, The Best way to ‘SUM UP THE JOHN WALSH SAGA’, and not to do justice for FAC, NARSOL, and the rest….Prison Legal News has a Great Article on JOHN WALSH, and side-kick wife. REVE…..you must read it…google it…YOUR EYES WILL OPEN UP, TO, REALITY!
HOW AMERICA’S MOST WANTED HYPOCRITE SUCKER PUNCHED EVERYONE TO BELIEVE IN HIS LIES AND THEN HE BECOMES A MILLIONAIRE FOR HIS THEN, PERVASIVE DRUG USE!
HYPORCRITE EL NUMERO UNO!
I am willing to bet that if there was a way to accually count and have a percentage of all the Government authority figures ” all men ” !!. The percentage would be at least 50 percent, engage in some kind of inappropriate sexual behavior of some sort periodically in past and present everyday activities. Behind closed doors ofcourse. Examples, like married men flirting with numerous women, having sex with one or more of these women. And/or flirting with a much younger female, some under age. Going places where teenagers hang out like the beach for one, and doing who knows what while sitting in his car looking at the “seems like” most sexy, sweet, back in school days hottest cheerleader ever. But who knows this could be completely wrong. But the statistics on mainly male hormones/ tetesterones, that start raging is sometimes unforgiving at home in the bed with significant other/or not!. We as registered citizens have more control or as much control as a normal person who do not engage in this type of behavior, compared to the hundreds of thousands who do everyday! ( Sorry I have no names to back this claim up!!!. Post this or not !!. It’s just common knowledge Facts of Life!!!. Guilty or not…
To: concerned #2
I could name lots of names. Celebs, Politicians, Actors, Singers, rappers etc.
But I am not going to point fingers, name-names or accuse and judge. That would make me a hypocrite. Having said that, many of them seem to either buy their way out, or have some power, influence or even knowledge of what some judge did to make it all “Go away”.
The old saying, it is “who you know & who you are” and “How much money and power” you have. That is why I have seen someone who did something worse than me get probation while I went to prison. I got run out of money or I would have gone to trial. Neither my attorney NOR the judge mentioned I could have chosen a public defender, which would have been better than pleading guilting because I was broke.
John Walsh has nothing to do with AWA.
He didn’t come up with its registration scheme, didn’t draft it, and certainly didn’t pass it— a unanimous voice vote in both houses of Congress did.
John Walsh could have supported it or stayed silent, Congress could have named it after his son or called it Bozo the Clown Act, and it would have made zero difference in whether this bill became law.
But the fact that Congress named it in honor of his son does have one lasting legacy— every time we need to focus on the Federal lawmaking process, we instead distract ourselves by foaming at the mouth about John Walsh. Even if John Walsh lost all public credibility tomorrow, the law would stay right where it is while we complained about him.
So…forget about John Walsh! Blaming John Walsh for bad law, or hating on him, won’t get us out of this.
(This is not a comment on the excellent article btw, just a tendency I’ve seen in this forum whenever the Feds come up).
John Walsh may not have been the direct catalyst for the AWA but he was the vessel used to justify this bad bill, and it was his right hand man, Mark “The Pagemaster” Foley, who was the driving force behind the bill. What eventually became the AWA sat mostly stagnant for roughly a year after introduction before taking off. The Daily Kos reported at that time that Walsh was indeed lobbying for passage of the AWA, and influenced legislators to fast track it using suspension of the rules and remove hate crime legislation which was keeping it from advancing. Orrin Hatch would announce on Nancy Greace that the bill would be renamed the “Adam Walsh Act” and wanted it passed in time for the anniversary of the discovery of Adam’s death. So you can’t say Walsh had “nothing” to do with the AWA.
To Derek:
Back in the “America’s most wanted” era, I actually met John Walsh. He did not come to see me specifically but was doing a “Most wanted” episode that a multi agency task force was doing a joint intelligence operation on. He was at our headquarters and I briefly said hi and shook his hand. I told him I admired him for what he was doing and loved the show.
Jumping forward all these years, I do not hate him and know he did not personally form the registries. But I know all these cases collectively led to them. Ironic I am on a registry that back in those days, I actually might have supported. Sometimes the saying “You have to walk a mile in my shoes” has more meaning that was expected.
Also I ironic I went from putting people in jail to being there myself. Although I probably deserved to be punished, there was no registry when I plead guilty. Funny how they can change the narrative after you already gave them everything they wanted with a cherry on top.
Derek…SPOT ON!
And “NANCY’, well, that is just another CONUNDRUM….
She Just followed the BIGGER HYPOCRITE….so sad!…a very hateful person…VERY VERY full of hate for mankind!
Nancy is on Fox Nation for all the hate you want a month. Thanks I rather pull splinters from my fingernails.
What ticks me off the most about John Walsh is he allowed his son’s name to be used to harm people. He could of said, I don’t want my son’s name attracted to this bill. Now children are on the registry because of AWA like that’s something to proud of as a parent.
Don’t forget Dennis Hastert had his hands in this as well while violating students.