Monday, October 28, 2013

TX - Compliance checks (User submitted)

Letter
The following was posted via the email form and posted with the users permission.

By Anonymous:
I have a question concerning compliance checks. I am a RSO in Texas and every Halloween the local law enforcement shows up at my house to do a compliance check. I am no longer on any kind of court ordered supervision and I understand my rights as far as answering any questions they ask during a compliance check. Basically, I tell them that I am not going to answer any of their questions and that my registration is up to date. I do all of this from inside of my doorway, as I understand that I lose a lot of my rights when I step outside of my doorway.

My question is this: If they are JUST doing a compliance check and they do NOT have either a search warrant or arrest warrant, can they order me to step outside of my house during the compliance check? How should I handle this? Thanks...


13 comments :

Sex Offender Issues said...

We do not think they can order you to do anything except prove who you are for their "compliance" check, but we are not legal experts either.

Mark said...

NO! You are not under any suspicion of committing ANY crime, therefore, you need not, AND DO NOT LET THEM IN!!!! they are not your friend. They have the right to make "compliance" checks, but the underlying reason is not compliance, but to get you to LET THEM IN. They need a WARRANT FOR A SEARCH, OR ARREST unless a "felony" is committed in their presence. If you let them in, you have surrendered almost all of your constitutional rights. If they want an ID. open the door a little and stick your arm out and give it to them. Do not let them tell you they are going to take the ID to get you outside the door or to get in! If you need to, ask someone from the local ACLU. I suspect they will state the same thing I am informing you of. DO NOT LET THEM MAKE YOUR BRAIN RACE. They use this to their advantage!!

ieee said...

I am familiar with the laws in Georgia and they simply state that certain information has to be given to the government at certain times (should be in writing). There is no law that says anything has to be verified and I believe that people who are Registered have no obligation at all to verify or assist with verifying anything.

I also think if you own or rent a home or something similar that includes property that you are protected outside your home on your own property (or property that you rent) as well. I think I could walk out into my driveway and tell law enforcement to get off of my property without answering a single question. But of course I think that everyone who is Registered should have their property completely fenced or walled so law enforcement would never be able to get onto my property.

I expect the laws in Texas are similar to Georgia. Why don't you gather a bunch of Registered people together and research it all? Figure it all out. Consult attorneys as necessary.

I leave my home on Halloween. I'm not going to allow law enforcement to "check on me". I think the entirely of Registration is BS and it's not really for public safety. I think it is for harassing people. Therefore, I make sure it's all worse than worthless. I go out on Halloween and I go to neighborhoods far from my home and go out with all the other trick-or-treaters. No one ever know who or where I am. That is what the BS Registries deserve. They are immoral and un-American.

Sex Offender Issues said...

Excellent points!

Mark said...

To ieee: Excellent points. But from my experience 1 in 1000 sex offenders will have the nerve to band together and stand up for an issue or their rights. My experience in two other states. A shame too. I will not elaborate as to character, or backbone, suffice to say, this is a phenomenon I have witnessed for a long time.

Sex Offender Issues said...

True. If more ex-offenders and their families took a stand and stood up to these insane laws, then we could get something done!

anonymous said...

Agreed. When I was still required to register but was no longer on probation, my lawyer told me to answer the door and open it slightly to give them my driver's license and one of my lawyer's business cards. As soon as they started asking any questions not related to my address, I told them to call my lawyer. After i did this twice, they became much friendlier and never asked for my driver's license again. At that point it always ended up as something like "We're here to check that you're still living at your stated address," and after i would say "yes, I am" they would say "thanks and have a good day" and they would be on their way. I also think it's really important to be civil and not curt. When I would answer the door I would say "is there something i can help you with?". It goes a long way in how they will treat you back.

Daver said...

I live in Illinois and the law states that THEY have to verify your address. You don't have to do anything. I have had them come by and now I simply tell them to get off my property.

Just a guy said...

never talk to the police

http://www.youtube.com/watch?v=6wXkI4t7nuc

nathan rabalais said...

If you're not on probation or parole they have no right to enter your home without a warrent remember as far as they can go is from the sidewalk to the front porch in some cases you can even make them stand outside your fence if you want but as always never let them I'm without a warrent

ieee said...

Great job. All Registered people should do that all the time. Registered people should never give the impression that the Registries are acceptable.

getting closer to the street said...

As also a registerd citizen they even asked if they could come in . I said no . But what kind of scam are they all playing . And yes this year they did say they could not comment on certin questions I asked . That brings to fact that they are not in compliance but learning from the people they no longer have complete jurisdiction .

getting closer to the street said...

They carry all the information with pictures . If they dont know who they are talking to fire them . The department should be shamed . Because the truth is one department has no idea what the other department is doing , and thats one expensive joke on the tax payers for child safety . Dont forget they are not allowed to carry fire arms , and neither is any felon . So ask if they are carring , if so close the door and call 911 . And I'm sure parents for megans law Laura Ahearn will stand strong on any answers as no comment , and thats because she has no idea what to say . We should be demanding her public appearance on radio and television of her accomplishments on child safety and define the ages of the word children other than fear , and her outstanding contributions towards law inforcement , local legislators , and town supervisers . EDUCATE RESPECTIVELY .