You should only show your ID!
When law enforcement comes to your door to perform an address verification, you should only show them your ID. We suggest registrants do not speak with law enforcement without having an attorney present. Casual pleasantries, such as “how’s your day going?”, “it’s going fine” or “think we’ll get rain today?”, “sure looks like it” is totally fine, but if an officer asks to review your registry information or starts questioning you about compliance, we strongly suggest you tell them you will be happy to answer any questions they have but only with your attorney present.
In this week’s weekly update we reported about a sting operation in Volusia where 16 people were arrested. After cross referencing the names in the article with the charging affidavits filed with the Volusia County Clerk of Courts (https://app02.clerk.org/ccms/) we found the majority were arrested for registration violations after volunteering the information or stating they didn’t know they were supposed to register something (and thereby admitting). In several of these recent cases, attorneys have filed motions to suppress the confessions, statements or admissions that were obtained illegally, but that would have been unnecessary if they said nothing to begin with, which is a right you need to know that you have.
Naturally, we recommend everyone reading this familiarize yourselves with all registration requirements and comply. But we also remind you of your rights under the Fifth Amendment to the U.S. Constitution and Article One Section 9 of the Florida Constitution, to not incriminate yourself. The best practice to avoid doing so is to say nothing and not allow yourself to be pressured into speaking! And above all do not let them inside your property without a warrant.
KNOW YOUR RIGHTS!
If you need to, print out a copy of the ACLU’s Pocket Card on Police Encounters and keep it on yourself and by your front door.
Great info, FAC!!! I have told LE in Orange County this very thing…and I have presented them a business card of a criminal defense lawyer that has the invocation of rights printed on the back. LE has actually said they understand and have left. This has only occurred once in nearly 10 years bc they know I wont incriminate myself and all my registration information is up to date.
As long as I have been registered in Florida the Sheriff’s open the gate to my driveway and let themselves in.
Thanks for the information about speaking to Law inforcement and what subjects I should have conversations with them or not. I have often wondered about that.
Obviously you need a lock on your gate. Criminals are getting in and putting your family in danger.
If you have a closed gate, police entering would be considered an invasion of the curtilage of your property and thus a warrantless search. Police can not enter the curtilage of a home (the area/land around your home), especially not the side or back yards or search any closed container on your property without a warrant or exigent circumstance (defined by case law).
Agreed, never volunteer information. They will use sneaky methods to try to find an omission! The officer that comes to my door always asks if there is anything he can update for me, while he is here. As if he is doing me a favor.. I always tell him I have already taken care of everything at the registration office. When he tries to make conversation I just stare at him. He leaves after the uncomfortable silence.
“Any changes?,” I am sometimes asked.
Better not be, I think to myself.
I went to the Volusia County Clerk of Court website by clicking on the link provided in the article and randomly checked about half a dozen of the probable cause affidavits filed in these cases. In every single one, the defendant admitted to the registry violation(s) to the investigating police officers. One was for a Facebook account, one was for a telephone number, and the rest involved “vehicles owned.” Unless these individuals were informed of their right to remain silent, their incriminating statements should not be admissible in court.
It seems like it was the strategy of the police to get the registrants to admit to these petty, trivial registration violations. How is that not a blatant violation of their 5th Amendment Constitutional rights? This “sting” appears to have been completely predicated on coercing or tricking the registrants into incriminating themselves.
RM said :”Unless these individuals were informed of their right to remain silent, their incriminating statements should not be admissible in court.” That is incorrect. So called Miranda warnings are only required when a suspect is “in custody” and being interrogated. Hence what FAC is saying, do not volunteer any information during these LE visits since none of us meet the “in custody requirement” for the purposes of Miranda warnings.
RM, You can imagine what prompted this notification. Unfortunately some only discovered FAC after being blindsided by an arrest for something they weren’t aware of.
Would it be accurate to say that none of the individuals are FAC members?
Without identifying anyone— just testing my theory that involvement in FAC gives people information that protects them.
Good work by RM and FAC.
I can’t tell you how many time someone will contact me and say, “I sure wish I knew of your organization 3 days ago!”
And I can’t tell you how many times I’ve felt that FAC has helped keep me compliant with the law so I can sleep at night.
I had HCSO deputy come around announcing a predator check as they knocked on my door. I am not listed as a predator but as an offender. Before I was released from prison I had all sex offender restrictions removed from my probation no curfew no 1000 foot rule. But the catch is I still had them because I was listed as a registered sex offender on FDLE website.
What about signing paperwork? In Wakulla, not only do they review all registry information, but they make you sign they were there and if you dont comply the registrant is told “Then I’ll put you down as unverifiable and we’ll issue a warrant.”
Please send a copy of what they make you sign. You DO NOT have to sign anything the police gives you. We know of nobody arrested or a warrant issued for what you describe.
Local pd same thing: you need to sign. If wife doesnt sogn or i dont then its a warrant even though im under no supervision. Was going to take a pic: its a standard form but then they cut out a strip with your picture and info (why asK for an id if they have it in front of them anyway)
get us a copy of what you are signing.
Yep. If such signing is not required by law, then they can’t force it.
I’ve often wondered exactly how they would attempt such a law in a way it wouldn’t get thrown out in court. How would it even read?
Perhaps “At least 1 time per year, you must allow law enforcement to visit your home and sign the verification form presented by them.” LOL, yeah, right. So how would that even work? I think courts would toss it.
How about, “If law enforcement sees you at your home and sticks a verification form in front of your face, you must sign it.”? That is less vague.
Kind of reminds me of where I live you must show up in their offices within 3 days of your birthday to give them your same information again, which they already have. They are saying that I cannot be out of town for all of those 3 days. If I want to be on vacation for 2 weeks, I have to plan around that harassment. F any “people” who think that is acceptable at all. Not in this country.
Each time I re-register, the sheriff’s office requires me to sign an electronic board and that signature ultimately appears on the re-registration receipt that I take home with me (note: always keep these receipts in a safe place forever). Of course, that receipt includes a bunch of pages of crap that I’ve agreed to by my signature. So, not only am I required to sign (I don’t see that requirement in any statute), but I’m required to sign something before reading it.
The problems most of us face, is the fact that the responsibilities listed are sometimes so vague and full of additional statutes not fully listed in completion, that it’s set up for failure on our part.
Then why can’t we not speak when we register? Everything we say is used against us. Unlawfully we are suspect just because an old charge but the info is used to charge us with petty crap.
Because you are required to report certain things. You are required to report them at re-registration, not when the police come to your home to question you.
“You are required to report them at re-registration”
Sounds a lot like undue influence to me. Not to mention being subjugated to an imposition under threat of punitive penalties.
It doesn’t matter if the information is current, complete or accurate. They will never have or robust or dynamic registry that thwarts, curtails or combats ANYTHING.
Megan’s Law is a successful failure. They WILL admit wrongdoing and OWN this dumpster fire.
Awesome Great Advise!!!
I no longer answer the door thats how i deal with it
Well, we don’t recommend that either – they will keep coming back.
naaa they dont for me maybe i time more, i know when they did that same sting here a few months ago with the marshals i had knocking on the door at like 5:30-6 am and then a day or 2 later like 9 or 10 am didn’t answer either time then like 2 weeks later they announced they did that check with marshals office
If you are on probation, are you required to answer their questions?
YES – thanks to those who asked. YES, if you are on probation you need to answer to your PROBATION OFFICER.
I appreciate you trying to help here, FAC, but I feel you have changed the question around. County sheriffs deputies will conduct address checks regardless of what the PO does.
Besides showing ID, should the probationer provide additional information to sheriffs deputies during those deputies’ address checks?
Thanks for taking on my repetitions.
You should answer questions to Probation, you should not answer questions to law enforcement.
What is the proper protocol, for those on probation. Any different from what’s described here? And does it sometimes vary between Federal & state?
Probation is a different Animal – you MUST speak to your PO and let them in.
Fom Bob M.
Where is the Cash Flow?. We all know that police and sheriffs dont necessaily peform tasks, just to keep people safe.
Regading registation violations as such and a non registeed vehicles, fo example, I am wondeing how long it will take befoe they ask to see in my gaage or to have access to my gated and fenced ea yaRd.
Do sheiffs get gant money fo each person they arrest to incaceate? DO they sometimes have links to private prison systems where nefarious cash moved to those that povide the fodder to help a county sheiff to be re elected by boosting his arrest count.
I gew up living in Cook County Illinois (Chicago) i know from experience that anything that you can imagine can be the truth about how law enfocement behaves.
They are not all good guys tying to “Serve and Potect” as with any occupation, thee are always ways that a less than honest peson can self pomote his/her career.
Brevard County Sheriff’s Office comes twice per year to verify my address. There’s never been any questions regarding any other data.
Most recent bi-monthly home check by my probation officer was interesting though. Came in the evening which isn’t unusual but said that they had a new procedure now that required 2 officers and handcuffing the probationer while one checked every building on the property. Took the one officer about 20 minutes to check the barn and outbuildings. I sat on the couch and watched TV until they were done. I’ve been very lucky that almost every one of the officers I’ve had to deal with over the past almost 8 years has been decent. Actually felt bad for the guy that had to walk around the property and buildings.
Good Day…
With all of ‘THEIR’ tactics to intimidate and INVENT new criteria, one solution is to go to an animal shelter and adopt a Pit Bull (who loves the outdoors) as I did after my nightmare months ago and have NOT had any ‘intruders since’….I have signs posted at the entry point of my residence that read, WARNING: This property is guarded by an attack dog, DO NOT ENTER PREMISES; Not responsible for Injury or Death
..My Dog Loves the Smell of Pork!
I just had my semi annual 4:45 a.m. wake up call from the OCSO he knocked on the door just hard enough to set off my home defence system by that I mean my pitbulls. I was semi awake anyway because I had to get up for work @ 5. I rushed to the door to keep him from knocking again and waking the entire house fully I could see a light as bright as the sun through my living room window I knew who it was. I only said good morning he replied and asked me if I had my I.D. with me I had to go back to my bedroom to get it but I completely closed the front door with him on the outside to prevent prying eyes. The answer to any question is NO because anything I needed to report to registration I already have or am going to within the allotted time frame
Dear Iservedmytym,
You mentioned OCSO. Are you referring to Orange County, Osceola County, Okeechobee County, or Okaloosa County? Thanks.
Orange County sorry I forgot about the others that begin with O
Why was my comment deleted? What I said was true, you do NOT have to provide ID if you are not being detained. If you’re on probation however you have no rights (for the most part).
Howard – You are right – I’m going to address this in a weekly update and change the post title.
The Supreme Court has clearly recognized a 4th amendment privacy interest in not providing your name or ID or any other information to police when you are not being detained on reasonable suspicion of committing a crime or imminent commission of a crime. Stop and Identify statutes are approved by the Supreme Court on the narrow grounds that names and IDs must only be presented when a reasonable suspicion or probable cause has been established by police.
Howard – I agree with you. Please read this coming week’s weekly update and we will provide a clarification. I changed the title of the post to “You should only show your ID!”
Shoot dude what do you mean your an SO what you think they are at your house for they think everyone of us has kids hidden in there you are under suspicion. Who do you think you register to the SO unit of the state nope the sheriff. A cop that ask you a bunch of questions enters the computer humanly and makes mistakes then comes to make sure your telling the truth And your one letter or number off your now a criminal and on trial for your first charge cause that’s exactly how it’s gonna feel when they are all taking your money and time and talking to you like your this horrible being and they finally caught up with you and they prosecute you hard at they can assign 10x the points from your old charge vs what the new charge carries amen then they’re like hey your facing 4 years but you can leave your family and carrier and do 6 moths or goto trial and get 15 years I’m not kidding you guys this is the game now.
Just a clarification, If your a Driver and have an Active DL or a Florida ID you do have to show it to the PD. The reason is that they need to check 2 things:
If your address matches where your registered to live
If the indicators are on your DL / ID.
It’s part of the their compliance check duties. However, you do not have to speak with them or give them any other information.
But just to clarify since I am now having to deal with this for my husband, FAC stated further below that you do have to respond in all things to your probation officer but NOT to law enforcement. Law enforcement can ONLY ask for your ID, even if you are on probation. You do NOT have to answer their questions. Howard Ofner, are you disagreeing?
You know. I been reading all these posts about how the police have been harassing people with residency checks all over Florida. But I have never once had them give me any shit. They come to my house maby once a year and never ask me questions or ask me to sign anything. All they ask for is an ID and leave. I’m not saying it didnt happen to others because I’m sure it does. But iv been fortunate to not have been harrased. I’m in Hillsbourgh County and they have been nothing but polite to me. And I’ve been on it since the day it started.
It’s not in all counties. Only certain counties are that way. Volusia and Polk are prime examples
I lived in Polk for 16 years , never had the first problem with verification, everyone was always polite, to the point, and on their way, maybe I just got lucky
The last address verification I experienced here in Jacksonville was so over the top with intimidation and an insane barrage of questions I actually called the reporting officers boss and complained at length. The detective that conducted the verification got pissed because I closed my front door behind me when I went out to meet him. It was night time and my wife was on the couch in her pajamas. He wanted to see in and assumed a menacing posture effectively backing me into my front door. He also appeared wild eyed and lit up on red bull or something. He was trying to incite me I believe.
I had just received a call informing me that my Mom’s cancer was metastatic and she was dying. Then this Jack ass detective shows up like he’s investigating an active case. This is unacceptable!! I am strongly considering video taping my next address verification so I can officially submit this menacing behavior into the public record and / or contribute to an apparently much needed psychological evaluation for the offending officer. I have never been convicted of any crime ,been to prison or violated any terms of my registration for almost 23 years now. And to think that some hot head, wild eyed Jack ass can just show up and go nuts. Unacceptable!!!
Another strong recommendation – get a Ring Doorbell and buy the service that saves the recordings.
I’m strongly considering strapping a GoPro camera to my head. My house, my property and I’ll film as I please. What does FAC think?
That’s fine. Why not just get some Ring cameras?
I have cameras all the way around my house. When they talk to me at my door they can clearly see the huge camera staring them right in the face. I don’t play that shit. When they come by and I miss them I call the station before I ever get home and ask them what they want. I mean iv only told them for times a year for 20 years that I work during the day and yet every fn time they come by it’s in the middle of the day.
FAC…
Thank you always for your guidance and recommendations…however, I would NOT recommend such devices as many of them are TIED to the local Law Enforcement Agencies and, ‘they’ as We know, and As You have pointed out many times, never to ‘put Our Hands in ‘their’ Hands, ever’…a friendly reminder that Technology is like a Two Edged Sword….There are many great alternatives…google them….Android and iPhone accessible…in addition to your Pit Bull!
Ring put out a policy that they don’t share info with Law Enforcement unless user consent is given. We posted it recently.
You can also get D-Link cameras,
I have Arlo cameras all around my house, and two on the front porch that capture video and audio every time they come up, from 2 different angles. I’ve never had one officer complain about it, but they know the cameras are there.
While we are on the topic of what you do or do not have to do dealing with registration questions, I have always read at this site that every vehicle that stays on your property after a certain number of days has to be registered, thanks to the Florida legislature’s way of handling the Donald Smith case. But reading through the statutes and everything given to me by probation, I see the same phrase over and over again: “of all vehicles owned”. So if your name is NOT on the title of your spouse’s car, you do NOT own it. If your name is NOT on the title of the car that your out-of-town guest owns and stays on your property for one week, you do NOT own the vehicle. Obviously, I am “missing the boat” somewhere.
“Vehicles owned” means any motor vehicle as defined in s. 320.01, which is registered, coregistered, leased, titled, or rented by a sexual predator or sexual offender; a rented vehicle that a sexual predator or sexual offender is authorized to drive; or a vehicle for which a sexual predator or sexual offender is insured as a driver. The term also includes any motor vehicle as defined in s. 320.01, which is registered, coregistered, leased, titled, or rented by a person or persons residing at a sexual predator’s or sexual offender’s permanent residence for 5 or more consecutive days.
SOURCE F.S. 775.21
What about uber and lift? Is that renting a car. What if a friends like can you drop me at the airport and take my car home or what about a boss says hey take my truck run and get some wire??? What about If you ride to dinner with your mom and she has too many and wants you to drive. Would I be a criminal?
Uber and Lyft – certainly not.
If a vehicle is at your home 5 or more days, register it.
What about operating someone else’s vehicle as described in the above scenarios? If pulled over will there be any concerns about this?
Correct me if I am wrong, but isn’t FAC challenging this law about registered vehicles not “owned” by us?
As soon as we raise enough money for the Non-registrant Collateral Consequences Challenge.
It’s pretty much stalled because donations have not been coming in.
Donations came in swiftly during the matching challenge. One of us will need to do another of those soon.
Yes!!!!!
This is the very definition of an arbitrary law, because if my elderly father who resides in West Virginia visits me for 5 or more days, I would have to register all of his vehicles (he’s got quite a few as he likes to buy beat up cars and fix them) even though they are 900 miles away in West Virginia and it is physically impossible for me to access them, since he would take an airplane to visit me.
Yet if my neighbor across the street parks his car on my property and leaves me the keys for safekeeping while he’s on vacation but specifically prohibits me from driving the car, and I am therefore not authorized to use it, under the letter of the law I would not have to register it, since my neighbor neither resides at my address nor am I authorized to drive the car. This scenario shows just how arbitrary (and ridiculous) the law is. In the first case, I would be required to register the cars even though I have no access to them, and in the second case I would not be required to register the car, even though I do have access to it.
It’s obvious that the Legislature intended to require registration of all cars a sexual offender or predator has access to, but that is not at all what the law actually requires.
Why do we have to report “unmotorized vehicles” then? I am required in Osceola county to report all vehicles including boat trailers, utility trailers, Travel Trailers, and all vehicles with wheels on them.
Is this an illegal burden that the Sheriff’s department is requiring? I understand cars, trucks, boats, motorcycles need to be reported, but why to we have to report trailers too?
FAC
Please respond to my query about “non motorized” vehicles that Osceola county demands to be included in the “motorized vehicle” statute. I am self employed and have half a dozen or more trailers and resent having to record them if not required.
Is this true or not. Are they mandated to be listed?
Thanks in advance if you know the answer. If not required to be listed I will bring this up on my next reregister.
a) An automobile, motorcycle, truck, trailer, semitrailer, truck tractor and semitrailer combination, or any other vehicle operated on the roads of this state, used to transport persons or property, and propelled by power other than muscular power, but the term does not include traction engines, road rollers, motorized scooters, micromobility devices, personal delivery devices and mobile carriers as defined in s. 316.003, special mobile equipment as defined in s. 316.003, vehicles that run only upon a track, bicycles, swamp buggies, or mopeds.
(b) A recreational vehicle-type unit primarily designed as temporary living quarters for recreational, camping, or travel use, which either has its own motive power or is mounted on or drawn by another vehicle. Recreational vehicle-type units, when traveling on the public roadways of this state, must comply with the length and width provisions of s. 316.515, as that section may hereafter be amended. As defined below, the basic entities are:
1. The “travel trailer,” which is a vehicular portable unit, mounted on wheels, of such a size or weight as not to require special highway movement permits when drawn by a motorized vehicle. It is primarily designed and constructed to provide temporary living quarters for recreational, camping, or travel use. It has a body width of no more than 81/2 feet and an overall body length of no more than 40 feet when factory-equipped for the road.
2. The “camping trailer,” which is a vehicular portable unit mounted on wheels and constructed with collapsible partial sidewalls which fold for towing by another vehicle and unfold at the campsite to provide temporary living quarters for recreational, camping, or travel use.
3. The “truck camper,” which is a truck equipped with a portable unit designed to be loaded onto, or affixed to, the bed or chassis of the truck and constructed to provide temporary living quarters for recreational, camping, or travel use.
4. The “motor home,” which is a vehicular unit which does not exceed the length, height, and width limitations provided in s. 316.515, is a self-propelled motor vehicle, and is primarily designed to provide temporary living quarters for recreational, camping, or travel use.
5. The “private motor coach,” which is a vehicular unit which does not exceed the length, width, and height limitations provided in s. 316.515(9), is built on a self-propelled bus type chassis having no fewer than three load-bearing axles, and is primarily designed to provide temporary living quarters for recreational, camping, or travel use.
6. The “van conversion,” which is a vehicular unit which does not exceed the length and width limitations provided in s. 316.515, is built on a self-propelled motor vehicle chassis, and is designed for recreation, camping, and travel use.
7. The “park trailer,” which is a transportable unit which has a body width not exceeding 14 feet and which is built on a single chassis and is designed to provide seasonal or temporary living quarters when connected to utilities necessary for operation of installed fixtures and appliances. The total area of the unit in a setup mode, when measured from the exterior surface of the exterior stud walls at the level of maximum dimensions, not including any bay window, does not exceed 400 square feet when constructed to ANSI A-119.5 standards, and 500 square feet when constructed to United States Department of Housing and Urban Development Standards. The length of a park trailer means the distance from the exterior of the front of the body (nearest to the drawbar and coupling mechanism) to the exterior of the rear of the body (at the opposite end of the body), including any protrusions.
8. The “fifth-wheel trailer,” which is a vehicular unit mounted on wheels, designed to provide temporary living quarters for recreational, camping, or travel use, of such size or weight as not to require a special highway movement permit, of gross trailer area not to exceed 400 square feet in the setup mode, and designed to be towed by a motorized vehicle that contains a towing mechanism that is mounted above or forward of the tow vehicle’s rear axle.
(2)(a) “Mobile home” means a structure, transportable in one or more sections, which is 8 body feet or more in width and which is built on an integral chassis and designed to be used as a dwelling when connected to the required utilities and includes the plumbing, heating, air-conditioning, and electrical systems contained therein. For tax purposes, the length of a mobile home is the distance from the exterior of the wall nearest to the drawbar and coupling mechanism to the exterior of the wall at the opposite end of the home where such walls enclose living or other interior space. Such distance includes expandable rooms, but excludes bay windows, porches, drawbars, couplings, hitches, wall and roof extensions, or other attachments that do not enclose interior space. In the event that the mobile home owner has no proof of the length of the drawbar, coupling, or hitch, then the tax collector may in his or her discretion either inspect the home to determine the actual length or may assume 4 feet to be the length of the drawbar, coupling, or hitch.
(b) “Manufactured home” means a mobile home fabricated on or after June 15, 1976, in an offsite manufacturing facility for installation or assembly at the building site, with each section bearing a seal certifying that it is built in compliance with the federal Manufactured Home Construction and Safety Standard Act.
(3) “Owner” means any person, firm, corporation, or association controlling any motor vehicle or mobile home by right of purchase, gift, lease, or otherwise.
(4) “Trailer” means any vehicle without motive power designed to be coupled to or drawn by a motor vehicle and constructed so that no part of its weight or that of its load rests upon the towing vehicle.
(5) “Semitrailer” means any vehicle without motive power designed to be coupled to or drawn by a motor vehicle and constructed so that some part of its weight and that of its load rests upon or is carried by another vehicle.
(6) “Net weight” means the actual scale weight in pounds with complete catalog equipment.
(7) “Gross weight” means the net weight of a motor vehicle in pounds plus the weight of the load carried by it.
(8) “Cwt” means the weight per hundred pounds, or major fraction thereof, of a motor vehicle.
(9) “Truck” means any motor vehicle with a net vehicle weight of 5,000 pounds or less and which is designed or used principally for the carriage of goods and includes a motor vehicle to which has been added a cabinet box, a platform, a rack, or other equipment for the purpose of carrying goods other than the personal effects of the passengers.
(10) “Heavy truck” means any motor vehicle with a net vehicle weight of more than 5,000 pounds, which is registered on the basis of gross vehicle weight in accordance with s. 320.08(4), and which is designed or used for the carriage of goods or designed or equipped with a connecting device for the purpose of drawing a trailer that is attached or coupled thereto by means of such connecting device and includes any such motor vehicle to which has been added a cabinet box, a platform, a rack, or other equipment for the purpose of carrying goods other than the personal effects of the passengers.
(11) “Truck tractor” means a motor vehicle which has four or more wheels and is designed and equipped with a fifth wheel for the primary purpose of drawing a semitrailer that is attached or coupled thereto by means of such fifth wheel and which has no provision for carrying loads independently.
(12) “Gross vehicle weight” means:
(a) For heavy trucks with a net weight of more than 5,000 pounds, but less than 8,000 pounds, the gross weight of the heavy truck. The gross vehicle weight is calculated by adding to the net weight of the heavy truck the weight of the load carried by it, which is the maximum gross weight as declared by the owner or person applying for registration.
(b) For heavy trucks with a net weight of 8,000 pounds or more, the gross weight of the heavy truck, including the gross weight of any trailer coupled thereto. The gross vehicle weight is calculated by adding to the gross weight of the heavy truck the gross weight of the trailer, which is the maximum gross weight as declared by the owner or person applying for registration.
(c) The gross weight of a truck tractor and semitrailer combination is calculated by adding to the net weight of the truck tractor the gross weight of the semitrailer, which is the maximum gross weight as declared by the owner or person applying for registration; such vehicles are together by means of a fifth-wheel arrangement whereby part of the weight of the semitrailer and load rests upon the truck tractor.
(13) “Passenger,” or any abbreviation thereof, does not include a driver.
(14) “Private use” means the use of any vehicle which is not properly classified as a for-hire vehicle.
(15)(a) “For-hire vehicle” means any motor vehicle, when used for transporting persons or goods for compensation; let or rented to another for consideration; offered for rent or hire as a means of transportation for compensation; advertised in a newspaper or generally held out as being for rent or hire; used in connection with a travel bureau; or offered or used to provide transportation for persons solicited through personal contact or advertised on a “share-expense” basis. When goods or passengers are transported for compensation in a motor vehicle outside a municipal corporation of this state, or when goods are transported in a motor vehicle not owned by the person owning the goods, such transportation is “for hire.” The carriage of goods and other personal property in a motor vehicle by a corporation or association for its stockholders, shareholders, and members, cooperative or otherwise, is transportation “for hire.”
(b) The following are not included in the term “for-hire vehicle”: a motor vehicle used for transporting school children to and from school under contract with school officials; a hearse or ambulance when operated by a licensed embalmer or mortician or his or her agent or employee in this state; a motor vehicle used in the transportation of agricultural or horticultural products or in transporting agricultural or horticultural supplies direct to growers or the consumers of such supplies or to associations of such growers or consumers; a motor vehicle temporarily used by a farmer for the transportation of agricultural or horticultural products from any farm or grove to a packinghouse or to a point of shipment by a transportation company; or a motor vehicle not exceeding 11/2 tons under contract with the Government of the United States to carry United States mail, provided such vehicle is not used for commercial purposes.
(16) “Road” means the entire width between the boundary lines of every way or place of whatever nature when any part thereof is open to the use of the public for purposes of vehicular traffic.
(17) “Brake horsepower” means the actual unit of torque developed per unit of time at the output shaft of an engine, as measured by a dynamometer.
(18) “Department” means the Department of Highway Safety and Motor Vehicles.
(19)(a) “Registration period” means a period of 12 months or 24 months during which a motor vehicle or mobile home registration is valid.
(b) “Extended registration period” means a period of 24 months during which a motor vehicle or mobile home registration is valid.
(20) “Marine boat trailer dealer” means any person engaged in:
(a) The business of buying, selling, manufacturing, or dealing in trailers specifically designed to be drawn by another vehicle and used for the transportation on land of vessels, as defined in s. 327.02; or
(b) The offering or displaying of such trailers for sale.
(21) “Renewal period” means the period during which renewal of a motor vehicle registration or mobile home registration is required, as provided in s. 320.055.
(22) “Golf cart” means a motor vehicle that is designed and manufactured for operation on a golf course for sporting or recreational purposes and that is not capable of exceeding speeds of 20 miles per hour.
(23) “International Registration Plan” means a registration reciprocity agreement among states of the United States and provinces of Canada providing for payment of license fees on the basis of fleet miles operated in various jurisdictions.
(24) “Apportionable vehicle” means any vehicle, except recreational vehicles, vehicles displaying restricted plates, city pickup and delivery vehicles, buses used in transportation of chartered parties, and government-owned vehicles, which is used or intended for use in two or more member jurisdictions that allocate or proportionally register vehicles and which is used for the transportation of persons for hire or is designed, used, or maintained primarily for the transportation of property and:
(a) Is a power unit having a gross vehicle weight in excess of 26,000 pounds;
(b) Is a power unit having three or more axles, regardless of weight; or
(c) Is used in combination, when the weight of such combination exceeds 26,000 pounds gross vehicle weight.
Vehicles, or combinations thereof, having a gross vehicle weight of 26,000 pounds or less and two-axle vehicles may be proportionally registered.
(25) “Commercial motor vehicle” means any vehicle which is not owned or operated by a governmental entity, which uses special fuel or motor fuel on the public highways, and which has a gross vehicle weight of 26,001 pounds or more, or has three or more axles regardless of weight, or is used in combination when the weight of such combination exceeds 26,001 pounds gross vehicle weight. A vehicle that occasionally transports personal property to and from a closed-course motorsport facility, as defined in s. 549.09(1)(a), is not a commercial motor vehicle if the use is not for profit and corporate sponsorship is not involved. As used in this subsection, the term “corporate sponsorship” means a payment, donation, gratuity, in-kind service, or other benefit provided to or derived by a person in relation to the underlying activity, other than the display of product or corporate names, logos, or other graphic information on the property being transported.
(26) “Motorcycle” means any motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground. The term includes an autocycle, as defined in s. 316.003, but excludes a tractor, a moped, or any vehicle in which the operator is enclosed by a cabin unless it meets the requirements set forth by the National Highway Traffic Safety Administration for a motorcycle.
(27) “Moped” means any vehicle with pedals to permit propulsion by human power, having a seat or saddle for the use of the rider and designed to travel on not more than three wheels, with a motor rated not in excess of 2 brake horsepower and not capable of propelling the vehicle at a speed greater than 30 miles per hour on level ground, and with a power-drive system that functions directly or automatically without clutching or shifting gears by the operator after the drive system is engaged. If an internal combustion engine is used, the displacement may not exceed 50 cubic centimeters.
(28) “Interstate” means vehicle movement between or through two or more states.
(29) “Intrastate” means vehicle movement from one point within a state to another point within the same state.
(30) “Person” means and includes natural persons, corporations, copartnerships, firms, companies, agencies, or associations, singular or plural.
(31) “Registrant” means a person in whose name or names a vehicle is properly registered.
(32) “Motor carrier” means any person owning, controlling, operating, or managing any motor vehicle used to transport persons or property over any public highway.
(33) “Motorized disability access vehicle” means a vehicle designed primarily for handicapped individuals with normal upper body abilities and designed to be fueled by gasoline, travel on not more than three wheels, with a motor rated not in excess of 2 brake horsepower and not capable of propelling the vehicle at a speed greater than 30 miles per hour on level ground, and with a power-drive system that functions directly or automatically without clutching or shifting gears by the operator after the drive system is engaged. If an internal combustion engine is used, the displacement may not exceed 50 cubic centimeters.
(34) “Resident” means a person who has his or her principal place of domicile in this state for a period of more than 6 consecutive months, who has registered to vote in this state, who has made a statement of domicile pursuant to s. 222.17, or who has filed for homestead tax exemption on property in this state.
(35) “Nonresident” means a person who is not a resident.
(36) “Electric vehicle” means a motor vehicle that is powered by an electric motor that draws current from rechargeable storage batteries, fuel cells, or other sources of electrical current.
(37) “Disabled motor vehicle” means any motor vehicle as defined in subsection (1) which is not operable under its own motive power, excluding a nondisabled trailer or semitrailer, or any motor vehicle that is unsafe for operation upon the highways of this state.
(38) “Replacement motor vehicle” means any motor vehicle as defined in subsection (1) under tow by a wrecker to the location of a disabled motor vehicle for the purpose of replacing the disabled motor vehicle, thereby permitting the transfer of the disabled motor vehicle’s operator, passengers, and load to an operable motor vehicle.
(39) “Wrecker” means any motor vehicle that is used to tow, carry, or otherwise transport motor vehicles and that is equipped for that purpose with a boom, winch, car carrier, or other similar equipment.
(40) “Tow” means to pull or draw any motor vehicle with a power unit by means of a direct attachment, drawbar, or other connection or to carry a motor vehicle on a power unit designed to transport such vehicle from one location to another.
(41) “Low-speed vehicle” means any four-wheeled vehicle whose top speed is greater than 20 miles per hour but not greater than 25 miles per hour, including, but not limited to, neighborhood electric vehicles. Low-speed vehicles must comply with the safety standards in 49 C.F.R. s. 571.500 and s. 316.2122.
(42) “Utility vehicle” means a motor vehicle designed and manufactured for general maintenance, security, and landscaping purposes, but the term does not include any vehicle designed or used primarily for the transportation of persons or property on a street or highway, or a golf cart, or an all-terrain vehicle as defined in s. 316.2074.
(43) For purposes of this chapter, the term “agricultural products” means any food product; any agricultural, horticultural, or livestock product; any raw material used in plant food formulation; and any plant food used to produce food and fiber.
(44) “Mini truck” means any four-wheeled, reduced-dimension truck that does not have a National Highway Traffic Safety Administration truck classification, with a top speed of 55 miles per hour, and which is equipped with headlamps, stop lamps, turn signal lamps, taillamps, reflex reflectors, parking brakes, rearview mirrors, windshields, and seat belts.
(45) “Swamp buggy” means a motorized off-road vehicle that is designed or modified to travel over swampy or varied terrain and that may use large tires or tracks operated from an elevated platform. The term does not include any vehicle defined in chapter 261 or otherwise defined or classified in this chapter.
If it were not for FAC, I would have never known any of this. All that probation or registration said to my husband was: “What is the VIN number for your car?” They never said a word about “other” vehicles on our property. I continue to find a great lack of knowledge on the part of the people employed to enforce the laws, yet they are the first ones to arrest registrants. It is your word against theirs, and they are going to protect their jobs and pensions over registrants’ rights.
I live in a state that is somewhat more enlightened regarding SORNA requirements than is Florida. Our local NARSOL affiliate has sent cease and desist orders to county sheriffs, when deputies have stepped beyond statutory authority.
I found a flyer on my door one day indicating I needed to call the sheriff’s department. I did, and explained a call was not required, but that I would do it this time as a courtesy. Residence and ID checks are not even statutorily mandated. They haven’t been back.
Residency checks are federally mandated in SORNA
Could it be argued that compliance checks are actually investigations of crime – specifically registry violations? If so, wouldn’t LE have to have probable cause to believe a registrant is out of compliance in order to investigate? Does it meet the probable cause standard that the code of restrictions (not to mention the overly liberal interpretations of them) are so onerous, byzantine, and subject to change that violation is nearly inevitable?
Asking because I raised these points to the officer doing my last compliance check right before Halloween. The first thing he said is “You haven’t done anything wrong” which led me to asking why he was doing a compliance check (read: investigating a crime – registry violation). After a bit of back-and-forth (including him restating several times that he didn’t suspect any wrongdoing on my part), all he said was he was just doing his job (which is investigating crime, correct?).
NO, he is required to do address verification.
But why the warrant checks? Doesnt that push it into harassment? Local pd literally tell me to stay put and run my license and ask for warrants. ON MY OWN PORCH. Think thats a bit beyond a verification.
They have no need to do that.
Every time And loud on the radio and they dont show me the paper to sign until it comes back clear. So its the first thing they do when they come. Its a whole process. I haven’t been on any paper since 1997.
If you’ve been off all sanctions since 1997 and don’t have another arrest, you should consider petitioning for removal.
Got that weird failure to register that the state filed a no information on: in essence they did t want to file charges. Noone can tellme if thats a disqualifier. They never filed charges i was never arraigned etc.
Consult an attorney
Maybe I can shed some light, maybe not. But, I hate to admit it but I was in law Enforcement for apx. 17 years, and the standard SOP for any stop is to run a DL / ID to check for Wants and Warrants, this is simply in Law Enforcement’s procedure and does not violate anyone’s rights. Now, anything else unless PC is established would be a violation of your rights. I’m not an Attorney, but I can tell you working in the feild for as long as I did what an LEO is required to do when checking ID. Most of them are lazy and won’t even check it anyway, but the few that do, know it’s not you, but rather an LEO’s procedure to do that.
Good Day…
Yes Agreed to address verification per Federal SORNA Statutory language…However, the real question remains if the Registrant need be physically present for address verification…I believe NOT!-especially when the Registrant is NOT on probation or parole!…that is on ‘them’; I believe, ‘they’ score more points or JAG monies if ‘they’ prod the Registrant and get them to respond to ‘their’ Shenanigans…’They’ Invent so many things but mostly get away with it UNTIL you speak up!
I believe a DOCUMENT should be developed to hand out (or slip through the door) to the LEO’s when this happens…A Nice, Legally crafted Professional Response addressing what ‘they’ are supposed to do and what ‘they’ are NOT to DO!
What exactly is the point of verification if they have no cause to believe a registrant lives somewhere other than his registered address?
It is required by SORNA and state statute.
For God’s sake, know your state’s requirements and ALWAYS comply, while addressing legislative change by supporting organizations like FAC and through personal advocacy.
Absolutely. Every single Person Forced to Register (PFR) should read every word of the Registry “laws”.
There is no excuse that a PFR does not know exactly what information they are forced to give the criminal regimes and when. If you disagree with some information that law enforcement (LE) or whomever is forcing you to give, address it with them in writing immediately. Copy in their attorneys. I have had great success with that where I live. I have gotten full clarifications/agreements with them in writing. I’ve gotten them to change their procedures. Always get everything in writing, and keep it. I’ve only had to involve an attorney a few times.
And don’t wait until an LE officer is asking you for something or demanding it. Never discuss anything with them. They don’t know half the time and they never have to be correct. They can say whatever they like. The Registry weapon will be used against you. Get it in writing.
Good Day FAC,
But the Question Remains, does the Registrant need be present during address verification: Yes, if the Registrant is on Probation or Parole; BUT if the Registrant is NOT on Probation or Parole, the Registrant is NOT mandated to be at their resident at any given time; rather it is on the LEOs luck to show up when the registrant is at their residence.
Also, when a registrant is NOTon probation, parole, etc, interaction between Registrant and LEO regarding registration requirements should be reflective of their ‘Tiered Status’; For example, if a Registrant is to register 2 times per annum, then interaction or dealing with LEOs can only be DONE 2 times per year; any other contact by LEOs towards the Registrant is Harrassment and creates INVENTIVE TACTICS over and beyond the scope of SORNA……CORRECT?????
Dust
They DON’T trust us
They’re covering THEIR asses (we’re considered liabilities to the public).
They THINK they’re being “pro-active with checks.”
My point is that unless there’s cause to believe a registrant is not in compliance, theres no point in compliance checks, mandated or not. That compliance is so onerous, Byzantine, and subjective seems to be the only reason to suspect non-compliance.
No other type of crime requires “compliance checks.” Ive never heard of LE going to former drug offenders’ residences to verify that they’re not using/dealing after their sentemces are served. Or DV offenders to verify that they’re not beating the hell out of their family members.
Only registrants are subjected to such scrutiny, and well after sentences are served. Not to mention how the subjective rules change so frequently. I presume that’s primarily because registry violations are the only crime LE can count on to harass them.
exactly dude that’s how this is a violation of constitutional right. Double Jeopardy, due process why we have to give them any info if we are not suspected of a crime who knows and if we are suspected then why we have to give them info with threat of force?
I would check that. Federal SORNA only provides guidelines for the states, but can not mandate compliance. This is a question involving federalism and state autonomy.
Through the Byrne Justice Assistance Grants (JAG), the federal government encourages–i.e. bribes–the states to comply with federal SORNA guidelines. If a state is not totally compliant, it loses 10% of its funding under JAG. If a state opts to not be in total compliance, compliant states can apply to have those lost funds reallocated.
For most states, the cost of total compliance is greater than the lost funding. That is why many states have not rushed to become totally compliant. You don’t generally allow web links, so I didn’t include a link to the National Conference of State Legislatures, which is illuminating. If you will allow it, I will post it.
Veritas.
But Florida chooses those funds, so the mandate is on them.
Exactly. No state can be forced to comply by the feds. Florida has chosen to comply in order to get the 10% funding (about $1.941,000 in FY 2012) . This coercion is the same as what happened back in the days of 55mph speed limits. In order to get federal highway funds, states had to set that speed limit, but did not have to.
Sorry for nit picking, but the distinction is important. With enough pressure, a legislature could revise state law. If the feds could require the states to comply, there would be no political options at the local level. Fight the good fight!
It’s pretty simple, Just show your ID when the cop comes for his / her checks! I mean, we all are not Law Enforcement fans, but for the most part a lot of these cops have a job to do and part of their job, if they are assigned to do compliance checks, are to check to see if everyone is in compliance, including checking to see if your ID / DL are up to date and accurate. Just don’t volunteer any information, they know how far they can go, so knowledge is key. Everyone should know this stuff like the back of their hand.
When I Register in WV The State Trooper stated that he must enter my residence and see where I sleep as well as my toothbrush and razer so that he knows that that is actually where I reside. Is this legal without a warrant?
Probably, if you’re on parole or probation. If not, it becomes legal when you agree to let him do it.
If not on paper and an officer claims they need to enter tor ask for documentation to prove residence, I would tell them to get a warrant for whatever proof they want. If they persist, I would call the watch commander immediately and file a complaint. But that’s me…
Compliance checks seem to be the exception not the rule in Michigan. I’ve talked to several registrants and most state the police rarely come to their door. Compliance checks may occur in Sterling Heights or Ann Arbor but for most of southeast Michigan, they seem to be the exception.
If their only question is, ‘any changes to changes to vehicles or phone numbers? ‘, go ahead and answer their question “no” if you’ve timely registered.
That (“any changes?”) is all they ask on address checks in my county, and refusing to answer such a simple question will cause more trouble than it’s worth.
But feel free to convince me otherwise!