Marion County: You DO NOT need to provide this information.
A member from Marion County has reported that when registering, the Marion County Sheriff’s Office is requiring you to fill out a “supplemental report” that includes questions that ARE NOT required to be reported under Florida Statutes Sec. 943.0435 or 775.21.
These questions include the name and ages of people who live with you and whether you have a girlfriend and what her name is.
YOU ARE NOT REQUIRED to provide any information not required by statute and there is no reason to provide this information.
We encourage you to NOT to provide the names and ages of children or whether they live with you. You are not required to give the name and relationship of anyone that lives with you. You are not required to report if you have a boyfriend or girlfriend or identify who you date. Blood type, education level or gang affiliation. Military and marital status are not required to be disclosed. If you chose to provide this information, you are providing it voluntarily. If they threaten you with arrest or any other sanction for refusing to provide this information, please contact info@floridaactioncommittee.org immediately.
This is the rise of American Stasi in modern law enforcement.
R.T.S
Refuse To Sign
However, knowing the backwoods Marion County Sheriff’s office, if you refuse, you might get put in handcuffs. And even if you beat charges, you now have another arrest.
The question is, who are the REAL bad guys? When you make up your own laws and rules to pad arrests or harrass people, you are no better than those you seek to arrest.
Oh please dont forget… Signed under duress. That puts your consent to sign into a questionable category. Just adding my .02
This just goes to show police departments have absolutely no regard for law . They think they are the law and make up there own rules. That is why we have so many unwarranted killings and abuse by police all over this country. It is a disgrace.
Too late, Santa Rosa started this BS a year ago and without preamble I went ahead and gave it since they do not use this form, just ask and enter it on computer. I did ask afterwards and they said that the sheriff was asking for it all. I will not answer anything else ever again and I suppose we are protected by the 5th amendment on this, right?
I forwarded your email to 3 of my friends also registrants.
I know live in Arkansas and was registering myself as working in the city of Rogers (live and registered in another city). Besides the pertinent info I am required to list, they wanted the names, ages, and addresses of my immediate family. I politely, but firmly, refused to give that info. The officer taking my info didn’t give me any hassles and so far there has been no repercussions (60+ days have passed).
The Sheriff Jurisdictions believe themselfs to be the State of Florida
Mark
From experience when I worked in law enforcement back in the 1980’s, some (Not all all) officers, when they put on that uniform and badge, feel like they are gods. I bumped heads with a few of the A-holes who treated anyone who was not in or related to someone in law enforcement, as scum of the Earth.
I saw George Floyd style treatment on a weekly basis. I had so many nightmares from the things I witnessed and was forced to be silenced about, I finally gave up a job I thought I loved. It apparently, did not seem to love me back.
Same here my friend !! Spent 2 1/2 years biting my lips til they BLED… I was very proud of becoming a Deputy Sheriff, And felt I was gonna “Change Things” or at least “Go Down A Fighting” …….But I learned very fast that If I even gave a HINT of Dang about keeping my Pride, And Morals, AND my Life, I would just have to Quit !!!!. And find another Career.. So much WRONG from a Organization that we as a COUNTRY give the ULTIMATE TRUST to, Makes a man wanna do Very Bad things !!!!.
Tired
Thank you for the time you served the public. I felt I made a difference in some people’s lives during the short time I was a LEO.
Yes,your right about that, county’s think there the hand of FDLE, and there not, imposing rules and regulations that are, unwritten and they believe there in the right to arrest you for there rules
This if from the ACLU(California chapter)website
If you are stopped for questioning, DO…
DO ask “Am I free to go?” If they say ‘yes,’ leave calmly. If they say ‘no,’ DO ask to know why by saying, “Can you tell me why you are stopping me?”
DO exercise your right to remain silent. Say “I want to remain silent.” You cannot be arrested or detained for refusing to answer questions. But it can look suspicious to the police if you answer questions and then suddenly stop. Make it your practice to always remain silent.
DO make sure the officer knows you do not agree to be searched (they might search you anyway, but make your opposition known). Say “I do not consent to a search.”
DO, if you are being given a ticket, give your name and birth date, and sign the ticket. If you don’t, you may be arrested.
If you are stopped for questioning, DON’T…
DON’T disrespect a police officer. Although you have a constitutional right to do so, it could lead to your arrest.
DON’T run away or physically resist a “pat-down” or search. Say “I do not consent to a search.”
DON’T lie. Tell the police you don’t want to talk to them. Say “I want to remain silent.”
DON’T forget that police are legally allowed to lie, intimidate, and bluff.
DON’T discuss your citizenship or immigration status with anyone other than your lawyer.
https://www.aclunc.org/our-work/know-your-rights/know-your-rights-police-interactions
Yes Cherokee, that is the most important question. If the cop says you are not free to leave, that constitutes a “non-consensual custodial interrogation.” Use that exact term and invoke 5th Amendment rights. Nothing you ever say to a cop will help you.
Veritas.
Thanks for posting this. We all tend to forget.
Yesterday on 20-20 there was a very informative narrative on a criminal case in Illinois near Chicago. A 3 yr. old little girl went missing from there home one night. Soon afterward found dead in a river a mile away. A politician for the district was up for re-election in a close battle so he put pressure on the police to solve the crime quickly to boost his chances of winning the election. So they charged the girls father after a 14 hour interrogation, where he couldn’t take it any longer ,so confessed he did it.The police used all kinds of tactics including promising that if he admitted it was an accident he wouldn’t get any jail time. So finally he said he did it just to get out of the interrogation. He didn’t do it. Spent 8 months in jail. Till finally they got the best defensive lawyer in the country to take his case. They sued and got 8.8 million dollars. They used some of the money to hire a private investigator to track down the real killer who had also sexually molested her. He was a known burglar busted several times leaving behind dna and tennis shoes at the river. Sight of the body. Because he was just a burglar, they never followed up on him. He was not on the sex registry. He finally admitted everything to police ,give all the gruesome details.
Another example of how the registry kept law enforcement from looking in the right places to solve a crime.
Was the father on the registry?
Jacob
No, no criminal history
No, the father was NOT a P.F.R. (Person Forced to Register).
The registry is absolutely useless to investigate any crime except registry violations (FTR, mostly). Besides the well established fact that 95+ percent of sex crimes are committed by non-registrants, there’s nothing on it that isn’t on NCIC and state counterparts, which are routinely accessed in all investigations anyway.
LE publicly calls the registry “a useful tool” and “public safety necessity”, but in reality have only 3 uses for it, to get bigger grants and harass and bully (be it for their own kicks or to cover their inadequacies at crime prevention).
I’ve said a million times and will say a million more – If anyone can provide one single instance of a crime of any kind outside of registry or parole/probation violations that would have gone unsolved without the registry, I will buy a certified copy of every court document of that case and eat them. I’ll even video myself doing it and post it on YouTube.
In Illinois, when the DNA associated with the semen found at the crime scene doesn’t match anyone in the database, it is customary to force the father to confess to murdering his own child. https://www.chicagotribune.com/suburbs/lake-county-news-sun/ct-lns-top-stories-decade-hobbs-st-1214-20191212-37wqacmfzjewzepqobm3f5plta-story.html
Thanks for that reference. That was a completely different story but it seems it was handled the same way. The guys last name on the 20-20 story was Fox.
Looks like a pattern of handling things.
The real criminal was an opportunist looking for things to steal. Looking for unlocked car doors or houses or anything else. Where the girl was he couldn’t find anything else to steal so decided to take the little girl. She was asleep on the couch.
Police choose to ignore these kind of criminals because there is no break ins and usually what is taken is less than $1000. But really opportunities crooks are the worst kind ,and they just get worse the longer there allowed to get away with it..
Thank you for informing us of this. Most registrants are so intimidated and think they have to do as they are told or they will go to prison.
Convicted of Sex Crimes, but With No Victims
https://www.nytimes.com/2020/08/26/magazine/sex-offender-operation-net-nanny.html
This is an unreasonable and unlawful search or attempt to search. The Marion County Sheriff’s Office is intentionally violating the civil rights of everyone it demands complete this form. Everyone who has ever been asked to complete this form should file a federal lawsuit against the MCSO and the sheriff in his personal capacity (he is not immune for intentionally violating your civil rights).
42 U.S.C. 1983 specifically gives those whose civil rights have been violated by the police the right to sue in federal court. When the Sheriff of Marion County has to pay to defend himself against a personal lawsuit, this will stop very fast.
LE is allowed to ask questions. You’re allowed to not answer.
Saying “complete this form or I’ll arrest you” is not asking questions. It is compelling a search. Saying “here’s a form; fill out if you’d like” is asking questions.
Did they tell someone they’d arrest them if they didn’t fill out the form?
LE is allowed per SCOTUS ruling to be ignorant of the law and tell PFRs things they want regardless of its validity in an effort to get info they feel is needed. I cannot cite the case offhand they ruled on in the last ten years, but it was affirmed LE can do that (Assoc Justice Sotomayor was the opinion writer).
RM
There are reasons this happens. Number, law enforcement is usually supported by law makers and give them a black check.
Secondly, since the registry keeps having new items retro actively applied and ruled “NOT Punishment”. Law enforement jumps on the band wagon and makes up their own rules they want you to follow. Then if you refuse, they can arrest you for refusin to register or cooperate with law enforcement.
Even if you win, you lose. You have lost your future chance to get off the registry due to a new arrest. Plus you have spent money on a lawyer to fight the made of BS crap. AND, depending on what hick town you live in, some Buford T. Justice cop or deputy, comes after you for taking them to court.
Some cops Loveeeeee revenge. I won’t go into the details but happened to me. They got me fired from a job twice. Just an anonymous call saying if they don’t fire me, flyers will be hung at the business. The second place I worked, the boss didn’t fire me, then they made good on their threat with the flyers. I was fired the next day. I haven’t worked now since 2014.
If you Notice, it has a Form Number, meaning that it was approved by their Sheriff…
How is this Legal?
Here is an example of ex post facto at it’s best. Nothing more needs be said. The form even states in been created back in July of 2010. I have not experienced this form in my visits with Marion County’s Finest. I will make sure to have witnesses when I go to register soon.
A proactive
I have been registering since 1997. I use to sign whatever they put in front of me without even reading it just so I could get the Hell out of there and be done with it until next time. After a while, a light bulb went on that I should probably take the time to read what I am signing.
Even though there is probably nothing you can do about it other than refusing to sign, my eyes were opened to all the pork and crap they add into these forms. Many of them are not even in the law and just made up by the agency where you register.
Having said that, when you sign everything was correct on your registration, then like me, get home and realize there WAS in fact a mistake, you start to freak out. Somehow the wrong color was put down for my vehicle. I waited until the next registration and had them correct it. I was worried but it went smoothly without incident, even though it had been overlook for almost a year.(Due to me just signing without paying attention)
Lesson learned, dodged the bullet.
Dear Proactive, since you will soon be registering in Marion County please let us know how it goes. Thanks.
The form was not presented to me when I did my register recently. But was prepared for it to happen. I brought someone as a witness if needed and was going to ask to take the paper to my attorney for guidance as this info is not under the statues that would require this type of information by given by any offender.
FAC, when are the fully funded Out of State and Non-Registrant Collateral Consequences challenges going to be filed?
Out of state will likely be filed this Summer and NRCC thereafter.
Thanks!
RM:
Asking you to fill out a form isn’t a search. How you get them is you ask, “am I free to leave and mail you the form” or “am I free to leave if I refuse to fill out the form”. If they tell you that you are not free to leave then you have grounds for a false arrest claim. It’s best to record the interaction if you can.
Any time that you are not free to leave, you are being detained.
Interesting approach but I don’t think it’s particularly useful. I expect they’d just tell you that you can leave any time. Are you not free to leave at any time during any of the Registration process? Where I live, people certainly are. You are just there to fill out some forms and can leave if you like. You just won’t be have completed your legal obligation. They don’t have any problem with that. After your deadline passes (e.g. that day, the day after, whenever it is), they’ll just issue an arrest warrant for FTR.
Where I live, LE is just like this – they are not capable of operating within and following even the simplest parts of the law. They can’t manage it. They ask for all kinds of information that is not legally required. So I simply draw a line through all the illegal items. Don’t leave them blank (because we know the criminals might fill them in). That works just fine for me but I know it is not helping others and the criminals are bullying many to give them information which is not legally required.
So occasionally, I’ve written to the criminal regimes and asked them to remove their extraneous items. I write to them and their attorneys. They’ve fixed it in the past. I’ve only had to hire my own attorney once, but that worked as well. If they bother me about it in the future, I’ll sue them and they’ll pay me, just like they have before. Marion County should be forced to pay but whomever does it should not settle for a small amount. We need to start getting a lot in order to fund more fights against their recurring crimes.
I find it interesting the language in 943.0435(2), which covers the initial registration requirements for Offenders, not Predators, includes subsection (c) which states, “Provide any other information determined necessary by the department, including criminal and corrections records; nonprivileged personnel and treatment records; and evidentiary genetic markers, when available.
So depending on how the State of Florida interprets the word “including”, it’s possible during initial registration the Sherriff’s department can require any information they believe to be necessary.
However, 943.0435(11), which covers maintaining registration, does not include an all inclusive statement of this sort.
That is interesting.
I’ve long been concerned that the criminal regime where I live will one day pass a “law” that says PFRs must provide whatever information the local yokels decide they want. I can say for sure that our locals don’t have enough sense to do that. They should never have such discretion.
I also feel like it would be impossible to justify requiring any information unless it could be directly related to proactively trying to prevent crime. I think that information is quite limited. For example, your marital status has nothing to do with that. The identity of your spouse has nothing to do with that. Little does. I’m not saying the criminal couldn’t get away with it, I’m just saying they couldn’t justify it.
I would think this ambiguous “whatever they decide” “law” would be very ripe for lawsuits. There is no reason that a state cannot and should not identify the exact information required. No ambiguity should be allowed.
This is just like the “delegation clause” from federal Congress for SORNA though. They delegated to a different entity to define some of the law. I suppose the state criminal regimes could do that but you wouldn’t think they could delegate to each county. And certainly not without specifically stating it.
Alan
Shhhhhhhhh, not so loud. We do not want Madam Book or any of her Cohorts getting any bright ideas to retroactively change the paperwork with added updates.
I noticed at the bottom of the page that this form was last revised in 2010… has this been going on for a decade with no one saying anything??
The form looks similar to the one I had to complete for my probation officer monthly visit.
Bwj
That is because, as far as I am concerned, we on the registry, ARE back on probation. I did not have these many obligations when I WAS on probation 25 years ago. What happened to “Do your time” and move on? So much for it not being punishment.
How can you go to jail for something that does not apply to ANY other group of people except Ex sex offenders that are not on probation anymore.
I agree.