Now starts the fun, Missouri enacted this Halloween law, and provided NO METHOD of notifying registered offenders of the requirements of the law. ALL sex offender laws MANDATE that the State notify the registrant BEFORE prosecuting them for violating such laws. So sayeth the U.S. Supreme court. With that said, here is a LATECOMER reporting offenders violated the law on appeal:
12-11-2008 Missouri:
Pettis County Prosecuting Attorney Jeff Mittelhauser has filed charges against 19 Sedalia residents alleging violations of Missouri's new law restricting the activities of registered sex offenders on Halloween.
The new law required that on Oct. 31, sex offenders post a sign on their homes stating that no candy or treats are available; remain in their home between 5 p.m. and 10:30 p.m. unless they have good cause to be elsewhere; and turn off all outside lighting.
Sedalia police went to the homes of registered sex offenders in Sedalia. Charges were initially requested on 24 people. Eventually, investigators found hat three of the men who were not at their registered addresses were at work. Charges were not filed on two others who had moved and changed their registered address after the Police Department received a list of sex offenders and their addresses on October 27.
Failure to comply with the restrictions is a class A misdemeanor. ..News Source.. by Sedalia Democrat.com
December 11, 2008
MO- Charges filed against 19 sex offenders
December 9, 2008
WI- Sex offender accused of photographing trick-or-treaters
After an extensive search of Wisconsin sex offender laws I cannot find any law to prohibit RSOs from photographing anyone. If anyone knows of such a Wisconsin law I would appreciate hearing from you or leave a comment pointing to the law.
UPDATE: See sentencing on 4-7-2009.
12-9-2008 Wisconsin:
JUNEAU - A convicted sex offender accused of photographing children while they trick-or-treated in the city of Waupun on Halloween faces three felony charges.
Edward R. Lieber, 36, 127 1/2 S. Madison St., Waupun, was released on a signature bond after making his initial court appearance Monday on three counts of photographing children without consent as a registered sex offender. He could face a maximum 10 1/2 years in prison if convicted on all counts.
According to the criminal complaint, Waupun Police were tipped-off when a woman reported that Lieber had photographed her 4-year-old daughter without permission while she walked through a Halloween display outside his home on the evening of Oct. 31.
The woman told police she felt uncomfortable after Lieber, who was sitting inside the Halloween display, took the photo. After the incident, the woman logged on to the Wisconsin Sex Offender Registry Web site and found Lieber is a registered sex offender.
The mothers of a 2-year-old boy and 3-year-old girl also told police Lieber had also photographed their children in the Halloween display without permission.
Lieber stated in the complaint that he took the photos for his father, and didn't know it was a sex offender registry violation.
A Waupun Police officer recovered Lieber's camera, and reported finding six photos of costumed children on an undeveloped roll of film found inside.
According to online court records, Lieber served six months in jail on a 1994 Fond du Lac County conviction of third degree sexual assault. Nine additional charges of second degree sexual assault of a child were dismissed in the case. ..News Source.. by AARON MARTIN, Staff Reporter
November 15, 2008
TX-Austin man arrested in Halloween sex offender crackdown
11-10-2008 Texas:
An Austin man was one of six convicted sex offenders arrested in Texas for parole violations on Halloween night this year, according to the Texas Attorney General's Office.
Larry Miller, Jr., 37 was taken into custody November 3 for not being at his residence on Halloween night. Miller was convicted in 1986 of aggravated sexual assault of a child.
The arrests were part of the state's Halloween crackdown on sexual predators.
“Operation Safe Halloween targeted convicted sex offenders who violated their parole on Halloween night,” Attorney General Greg Abbott said in a news release. “With young Texans out trick-or-treating, these sexual predators were under specific orders governing their Halloween night activities.”
According to the Attorney General's Office, four convicted sex offenders were arrested in the Houston area and one in Dallas. ..News Source.. by KVUE.com
November 14, 2008
MO- Sex offender charged after Halloween to have case dismissed
Based on this decision, it means, the law (Halloween Restrictions) is not applicable to anyone who IS NOT on the registry. Therefore, it follows, wherever the law was applicable to a home where a registered sex offender lives as a guest, charges should also be dismissed. Hopefully lawyers will see this and act accordingly.
11-14-2008 Missouri:
One of three men charged with violating a new Missouri state law regarding registered sex offenders will have his case dismissed and his name removed from the list of registered sexual predators, according to a news release from Cape Girardeau County Prosecuting Attorney Morley Swingle.
Terry Greable, 30, of Jackson was charged with failing to post a sign stating "no treats or candy available at this residence" Oct. 31, as per the new law regarding Halloween restrictions placed on sex offenders.
Swingle dismissed the charges against Greable on Thursday, after learning the child molestation guilty plea Greable made in 1997 was a misdemeanor then. State law did not require registration for someone who had not committed a felony offense until 2000.
Greable's name will be removed from Cape Girardeau County's list of registered sex offenders, Swingle said.
"We are forced to give up on this prosecution before we even get out of the stating gate," Swingle said.
Armando C. Torres, 59, and Sammy L. Sweaney, 40, are charged with violating the Halloween law and will appear Dec. 8 before Associate Circuit Judge Gary A. Kamp. ..News Source. by Southeast Missourian
Case dismissed in Halloween sex offender case
11-15-2008 Missouri:
CAPE GIRARDEAU, Mo. (AP) -- One of three men charged with violating a new Missouri state law regulating the activity of registered sex offenders on Halloween will have his case dismissed.
Terry Greable's name also will be removed from the list of registered sexual predators in Cape Girardeau County.
That's according to Cape Girardeau County Prosecuting Attorney Morley Swingle.
The 30-year-old from Jackson was charged with failing to post a sign outside his home stating that he was not distributing candy on Halloween.
Swingle dismissed the charge on Thursday, after learning Greable had pleaded to a misdemeanor child molestation charge in 1997, three years before the law required registration of misdemeanor offenders.
Two other men charged with violating the Halloween law will appear in court next month. ..News Source.. by 5KSDK.com
November 13, 2008
NJ- West Amwell to repeal sex offender law
Folks, read the Halloween restrictions that were in this law now being repealed...unbelievable! Who do these lawmakers think they are that they can dictate what goes on in a family unit.
11-12-2008 New Jersey:
WEST AMWELL — The Township Committee will hold a public hearing Dec. 10 to repeal its sex offender ordinance that restricts where those convicted may live and also bans them from Halloween activities.
The repeal is necessary because of a recent court decision, according to Deputy Mayor Ron Shapella.
Last summer, a three-judge panel of the New Jersey Superior Court Appellate Division struck down similar ordinances in two communities, Galloway in Atlantic County and Cherry Hill in Camden County.
”The court ruled Megan’s Law supercedes any local ordinance,” Mr. Shapella said.
The state’s Megan’s Law, which went into effect in 1994, contains provisions for notifying residents when a convicted sex offender has moved in to their neighborhood. But unlike local ordinances, including West Amwell’s, Megan’s Law does not restrict where convicted offenders may live after they have served their sentences.
Because of the ruling, township officials thought it best to get their ordinance off the books, Mr. Shapella said.
In 2006, the Township Committee unanimously passed an ordinance governing where convicted sex offenders may live. The ordinance also placed restrictions on offenders’ activities on Halloween.
West Amwell’s ordinance says offenders may not live within 2,500 feet of any park, playground or day-care center. The 2,500-foot restriction is similar to those enacted by Cherry Hill and Galloway.
West Amwell’s ordinance also prohibits a convicted offender from mingling with any child, even his own, on Halloween. The ordinance also requires convicted offenders to be indoors at their residence by 6 p.m. Halloween and bars them from answering their doors to trick-or-treaters.
The ordinance also prohibits a convicted offender from attending any parties where children are present for the entire 24 hours of Halloween.
New Jersey State Police maintain a registry of convicted sex offenders, but none is listed in West Amwell.
However, the registry does not list all convicted sex offenders. Those who are considered to have the least risk of recidivism are not included. ..News Source.. by Linda Seida, Staff Writer
November 9, 2008
MD- Maryland Sex Offender Signs Deemed A Success
After reading this entire article I cannot find one thing -attributable to the sign- to prove it was a success, excepting the claim by its inventor. Nationally, not one trick or treater was harmed by a RSO, and signs such as this were not used. Further, it is noted that there are three folks still unaccounted for, so where is the beef, the proof? I guess success is measured by how much the nation laughed at Maryland, especially after requiring the sign to be posted, then changing its mind and making them optional if it offended the registrant (optional at the discretion of the parole/probation officer). Proof is measured how, in Maryland?
11-9-2008 Maryland:
Sure, everyone had a good laugh about them. One intrepid reader even wrote a song about them. And - I'm sure like many others - I was the victim of some friendly ribbing by office colleagues who felt it appropriate to paste them on my door with specific instructions not to answer the door.
But as much as we want to have a joke at their expense, Maryland police credit the now notorious "No Candy At This Residence" signs with being wildly successful, assisting them to a safe Halloween.
Out of the 50 offender residences that officers checked on October 31st, 47 had the signs prominently posted and were not opening their doors. Many of those residences that police visited before Halloween were even receptive to the sign. The three offenders which police couldn't reach were more than likely working, but an investigation is underway to determine their whereabouts.
So, were the signs a good thing? Sounds like it.
Does it take the sting out of my entire office clamoring that I probably needed to talk to human resources about the sign on my door? Uh, not really. ..News Source.. by dcist.com
November 8, 2008
MO- 3 sex offenders face charges from new Halloween law
Now starts the fun, Missouri enacted this Halloween law, and provided NO METHOD of notifying registered offenders of the requirements of the law. ALL sex offender laws MANDATE that the State notify the registrant BEFORE prosecuting them for violating such laws. So sayeth the U.S. Supreme court.
UPDATED 11-8-08: Interesting revelation by a commenter, one of those charged resides in his parent's home (a guest so to speak), and as such has no authority over the homeowners (his parents). Yet he was arrested for violating the restrictions law, his defense is he cannot possibly comply (defense of impossibility [see "Compulsion of an Impossibility" and SSRN "Can Impossibility Be a Defense in Attempt to Commit Crime?"). The same circumstances would occur when offenders live in apartment complexes. Obviously lawmakers -in this law- used -sounds good- rather than actually researching circumstances, before enacting this disaster. The law as applied to one of the three,is clearly unconstitutional under his circumstances, and others I can think of. Hopefully such registrants will sue the state for their losses and damage to their standing in the community.
11-8-2008 Missouri:
Three Cape Girardeau County residents have a court date Dec. 8 on charges they violated Missouri's new law restricting the Halloween activities of convicted sex offenders.
On Friday, Prosecuting Attorney Morley Swingle announced that Terry R. Greable, 30, Armando C. Torres, 59, and Sammy L. Sweaney, 40, were being charged with misdemeanors for failing to post a sign announcing "No candy or treats at this residence." In addition, Sweaney was charged with a second count for failing to leave all outside lighting off during the Halloween evening.
The case is the first to be filed under a law that took effect Aug. 28. In addition to requiring the sign and setting restrictions on lighting, the law also requires convicted sex offenders to remain inside their residence from 5 to 10:30 p.m. on Halloween and to refrain from all "Halloween-related activity with children."
The law was challenged in federal court prior to Halloween. The defendants included a Cape Girardeau woman, and they initially won a partial victory that parts of the law were unconstitutionally vague. The lower court ruling was reversed by the U.S. 8th District Court of Appeals.
-Note: The lower court ruling was not reversed, the lower court Injunction was reversed, the case was not heard and decided on the merits. That will be done sometime in the future.
Cape Girardeau County sheriff's deputies visited the homes of 13 of Cape Girardeau's approximately 85 registered sex offenders on Halloween night, said Lt. David James. The checks, which he called a "random sample," was conducted because checking all offenders would have been too time consuming, he said.
According to sworn statement included with the charges, Greable, of 504 N. Hope St. in Jackson, told deputy Heather VanGennip that no sign was posted at his residence because it is his parents' home and he planned to stay upstairs while they handed out candy. According to the statement, Greable has a 1996 conviction for child molestation.
VanGennip wrote in the sworn statement accompanying the charges against Sweaney, 1500 N. Spanish St., that when she visited his home, there was no sign, the porch light was on and he did not answer the door. According to the sworn statement, Sweaney was convicted of sexual assault in 2004.
And when VanGennip, who was accompanied by deputy Matthew Proffer, visited the home of Torres, she found no sign and a porch light burning while three men were on the porch. The men stated Torres was not home, VanGennip wrote in her sworn statement in his case. According to the statement, Torres was convicted for sexual misconduct in 2005.
Summonses were issued for all three.
Swingle, who argued in favor of the law's constitutionality in federal court, said he was informed of but did not ask for the checks of offenders. He said he thought all sex offenders in the county would be visited.
"I am very much in favor of this law because the law was intended to limit the contact sex offenders have with other people's children," Swingle said.
In 2006, the Missouri Supreme Court limited the registration of sex offenders to those convicted after the registration law took effect in January 1995. The court ruled that Missouri's constitution forbids the passage of laws that are retrospective in their effect.
The three cases, if the men are convicted, could provide a basis for testing whether the new limitations are also applicable only to people who committed offenses since the law was passed, Swingle said.
"Those issues will be decided by a local judge and ultimately the Missouri Supreme Court," Swingle said. ..News Source.. by Rudi Keller, Southeast Missourian
November 5, 2008
TX- Keeping trick-or-treaters safe from sex offenders on Halloween
11-1-2008 Texas:
HOUSTON—With less than 24 hours to go before Halloween, the stage is set.
Doorsteps are adorned with jack-o-lanterns, and many houses are decorated to the hilt.
But if you belong to a certain segment of society, deputies from Precincts 6 and 7 will be the ones doing the haunting.
They are patrolling the streets, making sure sex offenders are not doing anything to lure trick-or-treaters to their homes.
Officer Freddy Castillo is one of the deputies. He will patrol the streets of Precinct 6, looking at the homes of registered sex offenders to insure they are in compliance with the terms of their parole or probation and that the offenders understand the guidelines for Halloween.
“The guidelines are, they’re not to participate in the celebration, meaning they turn off their lights. They lock their gate. They don’t have decorations out. And most definitely if someone knocks on the door, they’re not to open the door,” Precinct 6 Constable Victor Trevino said.
While doing his patrols Thursday, Castillo found himself at the address listed by registered sex offender Jesse Loera, who, according to the state, sexually assaulted a 14-year-old girl more than a decade ago.
But there were two problems.
Loera had apparently just moved into a room behind the home where he was registered, which had a different address. That’s a violation.
The home that was listed as his residence was decorated.
“Since he’s showing here, he’s going to have to take those decorations down,” Castillo said.
-Note, if Loera moved to a room behind the home where he registered, then he has no control over whether that home decorates or not, so why is he being charged for that? This is the kind of nonsense played by law enforcement, hope he has a good lawyer.
Loera wasn’t sure he agreed with the Halloween requirements.
“If a person has done his time and comes out and doesn’t do other crimes, then that person should be able to get an opportunity to enjoy and celebrate like other people. I think we all make mistakes,” Loera said.
But Castillo’s job is to make sure Loera does what he’s supposed to do.
“If he wants to stay out of trouble or out of jail, he needs to comply with the rules,” Castillo said. ..News Source.. by Brad Woodard / 11 News
November 4, 2008
SC- Viewer Tip Leads Police To Sex Offender
11-3-2008 South Carolina:
SPARTANBURG, S.C. -- Within minutes of WYFF News 4 reporting that Spartanburg officers were looking for a sex offender who was not where he was supposed to be on Halloween night, a viewer called police and told them where to find the man.
State probation agents go door-to-door in Spartanburg every Halloween to check up on certain sex offenders. Frank Beckham Jr., who has a child sex conviction, was not at the address where he told officials he would be, so awarrant was issued for his arrest.
After they received the tip, Cowpens police picked Backham up early Monday evening. ..News Source.. by WYFF4.com
MO- Clay County says 14 sex offenders violated Halloween law
Now starts the fun, Missouri enacted this Halloween law, and provided NO METHOD of notifying registered offenders of the requirements of the law. ALL sex offender laws MANDATE that the State notify the registrant BEFORE prosecuting them for violating such laws. So sayeth the U.S. Supreme court. With that said, here is the first report of Missouri violating RSO rights by arresting them:
11-4-2008 Missouri:
Clay County authorities said Monday that there were 14 incidents in which registered sex offenders failed to comply with a new state law restricting their activities on Halloween night.
The law requires registered sex offenders to remain in their residences from 5 to 10:30 p.m., turn off all outside lights and post signs at their residence stating, “No candy or treats at this residence.”
No arrests were made in Clay County, and most of the violations were a result of the sex offender not knowing about the law and failing to post signs.
Nine sheriff’s deputies visited about 150 residences of registered sex offenders in the county. Only a few offenders did not post the required signs.
The department’s detective squad will review the 14 incidents and determine whether to forward the cases to the prosecutor’s office for possible criminal charges. Violating the law is a Class A misdemeanor punishable by up to a year in jail or a fine of up to $1,000.
Sgt. Bryan Sapp of the Sheriff’s Department said there also were two sex offenders who did not live where state authorities had them registered.
Authorities in Jackson and Platte counties did not visit the residences of sex offenders. They said the law was vague, difficult to enforce and applied only to offenders who were convicted after Aug. 28, when the law took effect.
On Friday, the Cole County Circuit Court rejected a temporary restraining order that would have kept the state from restricting the Halloween activities of sex offenders.
Missouri Attorney General Jay Nixon successfully defended the law Thursday in a federal appeals court.
Officials with the American Civil Liberties Union of Eastern Missouri had said the group was concerned with how the law would be enforced. A lawsuit brought by four sex offenders over the law continues.
In southwest Missouri, 18 people were arrested in Christian County for allegedly failing to comply with the law. ..News Source.. by GLENN E. RICE, The Kansas City Star
November 3, 2008
CO- Fans of Naked Pumpkin Run question officers' response
11-3-2008 Colorado:
Boulder police defend citing 12 runners for indecent exposure
Fans of Friday night's annual Naked Pumpkin Run aren't happy that 12 runners were cited for indecent exposure, but Boulder police are defending their actions as necessary to maintain order.
Police rarely ticketed naked runners in past years, but the event has now grown to attract hundreds of participants, said police spokeswoman Sarah Huntley.
"We were getting concerned about the large number of participants," Huntley said Saturday. "We were very well staffed (Friday) night. We had the resources to enforce this."
Friday night marked the 10th anniversary for the event, where participants shed their clothes and streak through Pearl Street wearing only pumpkins over their heads. Officers made contact with the group organizers before the event, informing them that citations were a possibility this year.
Police Chief Mark Beckner compared the streakers to highway speeders -- police can't catch them all, but cite who they can.
"We wanted to do something before (the event) got out of hand," he said. "This was a good opportunity to enforce the law."
Still, some believed that officers should have been focused on more high-profile crimes -- such as a gang rape and assault that occurred Friday morning -- rather than citing people for indecent exposure.
"If it is 11 at night and there are no kids around, let them do it," said Boulder resident Don Leach, interviewed along the Pearl Street Mall about 12 hours after the run. "Am I in favor of people running around naked? No. But police shouldn't get too excited about it."
On Friday night, a man in a red cape climbed the pinnacle in front of the Boulder County Courthouse on the Pearl Street Mall, leading a chant with a sword. As police cited participants, costumed spectators could be heard chanting "Let them go!" and telling officers to "find real criminals."
While it is difficult to know whether Friday's police intervention will quell the number of participants in future years, Leach questions the police response.
"What is the point? It's just going to make it bigger for next year," he said.
Others share his outlook. While Boulder resident Sam Rosenberg didn't run, he believes the citations will "fuel the fire" for next year.
"I think the number of runners will continue to grow as it gains popularity," he said. "This kind of adds to the excitement and thrill of the run." ..News Source.. by Peter Dettmann, For the Camera
November 2, 2008
NY- POLICE: Officers make Halloween checks on area's sex offenders
11-1-2008 New York:
As trick-or-treaters filled the streets Friday night, a small task force of law enforcement was going door-to-door as well — checking in on the area’s sex offenders.
With so many children out and about, sex offenders had been told to stay inside, leave their porch lights out and not answer the door.
Representatives from the Niagara County Sheriff’s Department, the Lockport Police Department and the probation department
The group gathered at the sheriff’s department about 3:30 p.m. to prepare for the day. They mapped out a route, through the City of Lockport and surrounding areas, including Middleport and Ransomville.
This is the third year the probation department has made the home visits — and perhaps the new initiative is a sign of the times.
“When I was a kid, trick-or-treating ... my parents would go, ‘Don’t go to that house, there’s weird people there,’ “ Sheriff’s Investigator Brian Schell said, as he prepared to start the sweep. “Now, we’ve identified the houses and people our parents warned us about.”
First stops
The first stop, about 4 p.m., was an apartment building on Ontario Street, where the officers knocked on the offender’s door for several minutes.
When there was no answer, they radioed to dispatch to call the offender’s number, but again there was no answer.
The officers decided to come back and check later. About 6:30 p.m., after visiting other offenders, they swung back around and knocked on the door again, and this time the offender was home.
Standing in his kitchen with the officers, the offender said he wasn’t expecting trick-or-treaters because the main doors to the apartment building were locked.
“They can’t get in the building,” he said.
At the second stop, on Cottage Street, the offender was home the first time they knocked — and he knew the officers were coming.
“You figured we’d be here tonight, right?” Schell asked.
The man nodded. “I remember last year,” he said.
The sheriff’s department made one arrest during the evening — Richard Baker, 28, whose listed address on the registry is Chestnut Ridge Road in Gasport.
Baker, a Level-2 offender, was wanted on an arrest warrant for allegedly failing to notify officials of his change his address. He was convicted in 2007 of second-degree sexual abuse of a 12-year-old girl.
Sheriff’s Investigator Leonard Guagliano said officers found Baker at a relative’s house on Church Street.
Warning
At an apartment on Walnut Street, a Level-3 offender was home when officers knocked. As they were interviewing him, he took the opportunity to ask questions about how to deal with people harassing him.
He said he was out to breakfast when a man approached him and began yelling that he’d seen his photo on the sex offender registry site.
“He said, ‘I’m gonna kill you!’ ” the offender said.
Schell told the offender he was free to call the police if anyone threatened him.
At another stop on East Avenue, a group of trick-or-treaters walking by the house watched as the officers walked up the front steps. Seeing the police presence, the adult in the group waved the kids on, bypassing the house.
Schell said the extra police presence helps keep sex offenders away from potential victims.
“They know they’re being watched,” he said. “We can’t go see everybody, but even those we don’t ... hopefully it gets them to abide by the conditions.” ..News Source.. by April Amadon
MO- Six sex offenders non-compliant on Halloween
Now starts the fun, Missouri enacted this Halloween law, and provided NO METHOD of notifying registered offenders of the requirements of the law. ALL sex offender laws MANDATE that the State notify the registrant BEFORE prosecuting them for violating such laws. So sayeth the U.S. Supreme court. With that said, here is the first report of Missouri violating RSO rights by arresting them:
11-1-2008 Missouri:
KIRKSVILLE, MO. -- Earlier this week KTVO told you about a new Missouri law that placed certain restrictions on convicted sex offenders on Halloween night.
We wanted to know how the law was being enforced and how many sex offenders in Adair County complied, so our Fact Finder team went on patrol with the Adair County Sheriff's Department Friday night.
“We're doing sex offender compliance checks around the county, checking on all of our registered sex offenders, making sure they are complying with the new law that came into effect August 28th, and also just trying to keep the children of Adair County safe,” said Chief Deputy Larry Logston.
The new law requires sex offenders to remain in their homes from 5 p.m. to 10:30 p.m. with their outside lights off. They're also required to post a sign on their door saying they don't have candy.
Out of 30 checks, six sex offenders in Adair County did not comply with the law Halloween night. They'll each be charged with a Class A Misdemeanor after arrest warrants are issued on Monday. ..News Source.. by Eden Derby
‘Trick or Treat’: Drug sting nets 11 local arrests
11-3-2008 Missouri:
KIRKSVILLE — The Adair County Sheriff’s Department celebrated the Halloween weekend in a different fashion by arresting 11 individuals on drug related charges.
With the moniker “Operation Trick or Treat,” the Sheriff’s Department arrested four residents Friday after indictments by a grand jury for the distribution of a controlled substance.
According to a press release from the Shreiff’s Department, Kirksville residents Darrly Molett, 41, and Chris Clark, 36 were both arrested after attempting to sell cocaine while Lisa Allensworth, 35 of La Plata, Mo., and James Barlow, 22, of Kirksville were arrested for the distribution of marijuana.
Allensworth was in possession of more than five grams of the substance.
All of the individuals tried to sell the narcotics to an undercover officer, according to Adair County Sheriff’s Department Chief Deputy Larry Logston.
Six more arrests were made after search warrants were issued in the discovery of individuals purchasing more than nine grams of ephedrine or pseudoephedrine in a 30-day period.
The drugs are commonly found in cough medicine and are used in the manufacturing of methamphetamines.
Kirksville residents Dwane Fowler, 52, Joseph Wax, 32, Anthony Yadon, 39, Tiffany Potter, 30, Lisa Wilson, 28, and William Hatter, 23, of Bevier, Mo., were charged with a Class A Misdemeanor and placed on $1,000 cash bond only.
Logston says 14 arrest warrants were issued for the operation after the department had checked local sales records compiled by city and county officials.
Officers also made compliance checks on the registered sex offenders in the county.
Of the 38 registered individuals in the county, 30 were checked in Kirksville, Novinger and Brashear.
Officers discovered five violations of the Halloween provisions which included avoiding all Halloween related contact with children, staying inside the house from 5-10:30 p.m., posting a sign reading, “No candy or treats at this residence,” and keeping all exterior lights off after 5 p.m.
Logston reported two individuals without signs and with lights on. Three perpetrators weren’t home during the check. Those violations resulted in a Class A Misdemeanor.
Names of the arrested were not available as of press time with charges pending Logston said. ..News Source.. by Daily Express
November 1, 2008
TX- Sex offenders violated the rules
Two violations shown in article.
11-1-2008 Texas:
HOUSTON (KTRK) -- While trying to keep children safe on Halloween, Precinct 6 deputy constables found some sex offenders breaking the rules in east Houston.
Deputy Constables checked up on the 60 registered sex offenders who live in Precinct 6. It didn't take long before they found a violation. A yard sale was going on at the home of a registered sex offender.
"This is the deal. There's ladies up there, they got kids with them," explained Deputy Constable Robert Avendano. "I don't know if he is there or not, but they are still enticing kids by having a garage sale."
-How is one enticing kids, by having a garage sale? This is insane nonsense.
The deputies documented that a garage sale was taking place. It's unclear what will happen to the sex offender who lives there.
At last check, Precinct 6 reported that they did make one arrest of a registered sex offender who was passing out candy to children. A motion will be filed to revoke his probation. ..News Source.. by KTRK-TV
MO- Many sex offenders failed to follow Halloween laws
Now starts the fun, Missouri enacted this Halloween law, and provided NO METHOD of notifying registered offenders of the requirements of the law. ALL sex offender laws MANDATE that the State notify the registrant BEFORE prosecuting them for violating such laws. So sayeth the U.S. Supreme court. With that said, here is the first report of Missouri violating RSO rights by arresting them:
11-1-2008 Missouri:
Jefferson County — More than half of the sex offenders police visited in Jefferson County on Friday did not follow the latest laws intended to protect children on Halloween night.
Many, when confronted by detectives, said they did not know they were supposed to turn off their outdoor lights, post signs saying they aren't giving out candy and be at their homes between 5 and 10:30 p.m.
Offenders in Jefferson County were notified of the new laws during routine 90-day check-ins with police to verify their addresses, according to Jefferson County Sgt. Gary Higginbotham.
-Hummm, do they have PROOF that these registrants were told the exact things they must do? And, were these 90 day check-ins before or after the restrictions were OVERTURNED by the 8th Circuit court. Up until the law was put back into effect, registrants were under the belief it was unconstitutional by the prior District court decision.
"There are so many sex offenders in Jefferson County, we want them to know we haven't forgotten about them," said Higginbotham, who headed up a special task force that visited sex offenders to check compliance. "What worries me more is when they are not at their residence."
Officers visited about 20 addresses to check on sex offenders convicted of child-related offenses such as rape and molestation. In one case, a registered sex offender had Halloween decorations on his fence and home. When officers arrived, they found the required sign folded and tucked into his back door. The sex offender told officers the law did not specify how the sign was to be displayed.
-I must admit, thats thinking...
In another case, an offender agreed to let officers search his computer after they found his porch light on and questioned him for not having a sign posted. They found "questionable images" on the computer and seized it for further investigation.
-Hummm, what is the connection between "porch light & no sign" and possible images on his computer to warrant asking to search the computer?
At other homes, sex offenders were in compliance. One had posted a handmade cardboard sign that said "Not giving out candy."
..News Source.. by Christine Byers, ST. LOUIS POST-DISPATCH
MO- Police check in on sex offenders on Halloween
Now starts the fun, Missouri enacted this Halloween law, and provided NO METHOD of notifying registered offenders of the requirements of the law. ALL sex offender laws MANDATE that the State notify the registrant BEFORE prosecuting them for violating such laws. So sayeth the U.S. Supreme court. With that said, here is the first report of Missouri violating RSO rights by arresting them:
11-1-2008 Missouri:
The first year of enforcement of a law aiming to keep sex offenders away from children during Halloween appeared to go smoothly.
A combination of the Buchanan County Sheriff’s Department, St. Joseph Police Department, and Drug Strike Force spent more than five hours checking houses of sex offenders who were convicted after 1995.
“It’s a great thing because everybody is riding together,” said Jim Hitchcock, a reserve officer for the sheriff’s department.
Buchanan County Sheriff’s Department Sgt. Shawn Collie said of the 113 sex offenders’ residences, only eight were arrested on investigation for violating the Halloween rules. Sixteen were not at home.
Barring special circumstances such as an emergency or work, the law required sex offenders to be inside their home from 5 to 10:30 p.m. Mr. Collie said those who weren’t home will be dealt with.
“At least we’ll be able to submit those cases to a prosecutor,” he said.
On Thursday, a federal appeals court allowed for the order to be enforced in its entirety. It ordered that sex offenders keep the lights off at their home and put up a sign stating that there was no candy or treats to be given out at their residence. They also were ordered not to have Halloween-related contact with children. A lawsuit previously had been filed saying the law was too vague.
As Mr. Hitchcock traveled around talking to offenders and making sure they were at their homes, he prided the department on enforcing the law.
“We’d much rather be out here preventing something from happening than to have a victim,” he said. “That’s our purpose.”
For being the first time doing this, Mr. Collie said there were only a few small conflicts.
“There was an issue with (a sex offender) who thought the police knocking on his door were trick-or-treaters or people committing vandalism, so he grabbed a shotgun,” he said.
Mr. Collie said they calmed the man down and alleviated the situation.
“Other than that, everything went pretty smoothly,” he said.
The department looks to working toward perfection next year.
“Our goal is to work toward complete compliancy,” he said. ..News Source.. by Andrew Gaug
Sex offenders charged for Halloween violations
11-3-2008 Missouri:
Nine convicted sex offenders were charged with violating the Halloween restriction law on Saturday, said Buchanan County Sheriff’s Department Sgt. Shawn Collie.
The suspects alledgedly violated one of the Halloween restriction laws which required them to post a sign stating they weren’t passing out candy or treats at their home, turn all outdoor lights off, stay inside their home from 5:30 to 10 p.m. and not participate in any Halloween activities.
The Sheriff’s department reported the following arrests:
Shannon S. Bonar, 30, 2201 North Leonard Rd.; James S. Judkins, 41, 10 Antelope Circle; Michael J. Brina, 53, 5700 Lakefront Lane; John P. George, 45, 1528 North 10th Street; Steven K. Hood, 53, 108 Clayton Street; Andrew N. Mollett, 60, 3857 King Hill Avenue; Anthony M. Quinn, 30, 435 North 17th Street; Donald F. Coburn, 50, 2811 South 36th Street. All were held at $5,000 bond.
One person, Matt W. McBride, 32, 5506 Ripley Street, was held at $10,000 bond, Mr. Collie said. He said he wasn’t sure why McBride’s bond was set higher but said that he was dressed in costume when the police were checking sex offenders’ houses on Halloween.
UPDATE: (Probation granted: Matthew W. McBride, 32, 5506 Ripley St., for one year after pleading guilty to a misdemeanor charge of failure to abide by Halloween restrictions for registered sex offenders; must continue to register as a sex offender.)Fourteen violations are pending for sex offenders that were not at their residence, Mr. Collie said. Their names will be submitted to the Buchanan County prosecutor.
If convicted, the suspects could face a $1,000 fine or one year in jail. ..News Source.. by Andrew Gaug
MO- Police Trick Or Treat For Sex Offenders
Now starts the fun, Missouri enacted this Halloween law, and provided NO METHOD of notifying registered offenders of the requirements of the law. ALL sex offender laws MANDATE that the State notify the registrant BEFORE prosecuting them for violating such laws. So sayeth the U.S. Supreme court. With that said, here is the first report of Missouri violating RSO rights by arresting them:
11-1-2008 Missouri:
It was not a very happy Halloween for more than a dozen registered sex offenders in Christian County.
They are spending the night in jail for violating Missouri’s new and first law that restricts their activity on this holiday.
Despite a federal judge's ruling earlier this week that called parts of the law unenforceable; it was all being enforced.
Christian County law enforcement went door to door, but they weren't collecting candy.
They were collecting registered sex offenders who failed to comply with the new law that restricts their activities.
“They know we're out checking and they are required to come to the door and talk to us,” explains Officer Derek Hill with the Ozark Police Department.
But the law isn't exactly black and white.
“Every circumstance is different; every case is different."
Hill tells KSPR that while there's a 5 to 10:30 curfew work is a valid excuse not to be home.
Of the three houses we hit, three offenders were home, and all three were non-compliant.
While all of the men had their outside lights off, none of them had up a visible sign reading "no candy or treats at this residence."
Since this is the first year the law has been put into action a lot of aspects have been called into question this Halloween.
For example, what constitutes a sign?
A standard sized piece of paper is the absolute minimum a sign can be in order to qualify.
To be fair, police said no exceptions, but is the law fair?
“It would depend on the original offense. I don't know these guys, the sex offenders, but it definitely takes out a variable about something that could happen,” says Hill.
All of the sex offenders arrested tonight will be held for 24 hours in the Christian County jail.
The class a misdemeanor is punishable by up to a year in jail.
The offenders who were not home will be charged only if their outside lights were on and there wasn't a sign. ..News Source.. by KSPR News, Joanna Small
Christian County arrests 18 sex offenders for not following Halloween law
Law enforcement officials in Christian County arrested 18 of the county’s 56 registered sex offenders for noncompliance with a new law that forbids offenders from any participation in Halloween activities, said Sgt. Brent Grey, deputy with Christian County Sheriff’s Department.
Another 10 were considered noncompliant, but law enforcement did not make contact with them either because they were at home and did not answer the door or were not at home, said Grey.
“I was surprised” the non-compliance rate “was that high with all the media attention we’ve had in the last several weeks,” said Grey.
The sheriff’s department worked with law enforcement in Ozark, Nixa, Billings, Clever, Highlandville, Sparta check to see if offenders were in compliance with the law.
The law requires registered sex offenders to stay in their home from 5 to 10:30 p.m. on Halloween night unless they have “just cause” to leave, such as work or a medical emergency. They must also keep lights off and post a sign saying they aren’t giving out treats.”
“We didn’t actually catch a sex offender passing out candy, but under statute they cannot participate in any Halloween activities,” said Grey. “The majority (of non-compliance) was where the sign was not posted.”
They also found cases where candy was being distributed from an offender’s home by someone other than the offender while the offender was home, or cases where the lights were on, or the home had Halloween decorations.
The American Civil Liberties Union has argued that the law is unclear, and left offenders unsure about what they can and cannot do on Halloween. On Thursday a federal appeals court said the law could be enforced this year. ..News Source.. by Cory de Vera • News-Leader staff
October 31, 2008
MO- Court: Sex offender activities ban can go forward
This is such a blatant violation of civil rights of ALL Americans that there has got to be a political taint to this decision, someone is up for re-election, but who?
The ACLU had this to say: "ACLU lawyer Tony Rothert, who has been battling the law, said, “No one's turned us down on the merits, but I think procedurally we've run out of things to do.”" A PROCEDURAL BLOCK, not on the merits of the claims? Hummm...
10-31-2008 Missouri:
The American Civil Liberties Union failed once again today to block a new Missouri law that regulates the behavior of registered sex offenders on Halloween.
A Cole County judge this afternoon rejected a last-ditch effort to block the law, turning down the ACLU's request for a temporary restraining order, the Missouri Attorney General's office said.
ACLU lawyer Tony Rothert, who has been battling the law, said, “No one's turned us down on the merits, but I think procedurally we've run out of things to do.”
The four sex offenders suing to block implementation of the law won a temporary victory Monday, when a federal judge said that the parts of the law barring “Halloween-related contact” with children by offenders and requiring them to stay inside from 5-10:30 p.m. “unless required to be elsewhere for just cause” were too vague to be enforced.
Offenders were still required to turn off outside lights and post a sign that says “no candy or treats at this residence.”
But an appeals court stayed Jackson's ruling Thursday after Attorney General Jay Nixon, representing his office and that of Gov. Matt Blunt, appealed.
Rothert said they were unable to stop the law Friday. He said the ACLU was advising sex offenders in the state to check with local law enforcement to see how they would enforce the law. Some law enforcement officials have questioned whether it can be used against those who were convicted before the law went into effect. ..News Source.. by Robert Patrick, ST. LOUIS POST-DISPATCH
The Missouri law in question SB 714 s. 589.426 text, PDF
MO- Court restores Halloween restrictions on Missouri sex offenders
The ongoing saga of the Missouri Halloween rules for sex offenders who are no longer on parole or probation. Appeal to the FULL 8th Circuit or to the U.S. Supreme court is possible. Additionally there is state precedent prohibiting application of new laws to folks previously convicted. What a can of worms...stay tuned.
UPDATE 10-31: From this article comes a comment by lawyers for Plaintiffs in Missouri lawsuit on Halloween restrictions:
""On Thursday, however, the U.S. 8th Circuit Court of Appeals issued a stay, allowing officials to enforce the law in its entirety today. The ACLU is scrambling to appeal the ruling and get it overturned before tonight, according to Tony Rothert, legal director for the ACLU of Eastern Missouri. "Even though this group is not a popular group, they are entitled to due process -- in other words, not being punished repeatedly for the same crime," he said."
10-31-2008 Missouri:
St. Louis — Halloween is off again for registered sex offenders, a federal appeals court ruled Thursday, although a lawyer for four people who challenged a new Missouri law said they may file their own appeal.
The controversy started Aug. 28, the effective date of a law barring "Halloween-related contact" with children by offenders and requiring them to stay inside from 5-10:30 p.m. "unless required to be elsewhere for just cause." The law also ordered them to turn off outside lights and post a warning sign.
On Monday, U.S. District Judge Carol E. Jackson issued a temporary injunction barring enforcement in at least some jurisdictions of the provisions about limiting child contract and staying inside. She said the terms were vague and at risk of subjective enforcement.
Jackson acted in response to a suit by four sex offenders who had served their sentences.
Attorney General Jay Nixon, representing his office and that of Gov. Matt Blunt, appealed. On Thursday a panel of the 8th U.S. Circuit Court of Appeals here stayed Jackson's order, making the law enforceable today and possibly delaying final court resolution to at least the end of the year.
But American Civil Liberties Union lawyer Tony Rothert, representing the plaintiffs, said they could appeal to the full 8th Circuit or the U.S. Supreme Court.
Illinois and at least a handful of other states restrict the activities of registered sex offenders on Halloween, including bans on handing out candy, turning on lights or posting decorations. Some, like Maryland, also require violent offenders and offenders who have abused children to post warning signs.
"This stay comes not a moment too soon, as hundreds of thousands of Missouri children prepare to go trick-or-treating Friday night," said a statement from Nixon's office. A spokesman vowed to respond if the ACLU appeals.
The Missouri Highway Patrol said Wednesday it would not enforce the law for those convicted before the statute went into effect, then backed away Thursday once told by the attorney general's office of the appeals court ruling.
Ed Postawko, chief warrant officer for the St. Louis circuit attorney's office, would not commit on what would happen with cases submitted by police, but said that two Missouri Supreme Court rulings on sex offender requirements have said that new laws cannot be applied to offenders convicted before those laws went into effect. ..News Source.. by Robert Patrick, ST. LOUIS POST-DISPATCH
TN- Inspections for sex offender Halloween violations
OH WOW, he had leaves on his porch, but this time not enough to send him to prison for ten years.
10-31-2008 Tennessee:
KNOXVILLE (WVLT) -- Thousands of East Tennessee children will be going from house to house on Friday dressed as everything from superheroes to the supernatural. To make sure they don't go to a sex offender's house, the Tennessee Board of Probation and Parole went around the night before to make sure they don't put up Halloween decorations.
Probation and Parole Manager Dawn Hodge-Burian took a crew from Volunteer TV News with her when she conducted an inspection of state sex offenders’ homes. She quickly spotted a violation outside an offender’s home. He had some autumn leaves on his front porch, which along with orange flowers is prohibited.
"Everyone has the same rules and they have to play by the rules," said Hodge-Burian.
The violation wasn’t enough to issue a warrant, but since the orange color could be misconstrued as a Halloween decoration, he had to take them down.
“I'm just going to go look around for a second," she said as she left the car to do a closer inspection.
On Halloween, sex offenders can not have up decorations. They must also keep their porch lights off and their blinds closed.
“I just have to make sure you don't have any decorations or anything," she said as she was invited inside one of the offender’s home.
The first four houses didn't have any decorations outside. She also looked inside to make sure there were no candy or Halloween items for kids. During the sweep, she also inspected the home for other potential violations of the offender's parole or probation.
Sex offenders are required to read and sign a set of on October 1st and they must post them inside their door. Other than the warning about orange leaves and flowers, all the Hodge-Burian checked out on Thursday were in compliance.
“I’ll probably see you again tomorrow evening,” she said to one of the offenders as she left his home. Hodge-Burian and her co-workers will complete another check on Halloween, just to make sure nothing has changed. Offenders are required to stay away from parties with children on Halloween, and are required to obey the 5:00 PM or 6:00 PM curfew.
Last year, none of the sex offenders in Knox County violated the Halloween rules. If you go trick-or-treating with your kids, remember not to knock on any door if the home’s lights are off. ..News Source.. by Lauren Davis
