See earlier story here and here, or to read the law as passed. Simply said, neither the legislature nor the police have any constitutional powers to place folks under "House Arrest" unless they have committed a crime and it is part of their sentence, or are on parole or probation. This reeks of unconstitutionality. Hopefully the court will not get mired down in an abstention argument and at least rule on federal issues.
10-27-2008 Missouri:
A federal judge in St. Louis could decide as early as Monday morning whether a new state law restricting sex offenders' behavior on Halloween can be enforced this year.
A preliminary injunction hearing is set for 9 a.m.
A federal civil suit was filed by four sex offenders seeking to overturn the law. They argue the law is vague and could lead to arbitrary enforcement and punishment after they had already served their sentences.
The law says convicted sex offenders must "avoid all Halloween-related contact with children" by staying inside their homes from 5 p.m. to 10:30 p.m. unless they have to go to work or there is an emergency.
Offenders must also keep outside lights off and post a sign that says "no candy or treats at this residence."
A violation is a misdemeanor, punishable by up to one year in jail. ..News Source.. by Robert Patrick, ST. LOUIS POST-DISPATCH
October 27, 2008
MO- Ruling on sex offenders could come today
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