Here in Massachusetts, probable cause to believe that drugs will be found in one's home cannot be established by the simple fact that a known drug dealer lives in the home. There is a large body of law dealing with questions of whether there is a sufficient connection between the drug activity and the residence. Yesterday, in Commonwealth v. Clagon, the Supreme Judicial Court decided that there was a sufficient connection between heroin dealing and a defendant's residence, even though the search warrant affidavit lacked many important details, such as quantity sold, time of day, travel time between leaving the home and conducting the sales, and manner of travel to and from sales. The court acknowledged that Clagon was a "close case" and that the affidavit would have been "stronger" if it had been more detailed.
In Clagon, a confidential informant told Boston police that the defendant was selling heroin in Jamaica Plain and that he had previously bought heroin from the defendant. The informant said that the defendant was doing business from a particular Jamaica Plain address, but he did not say how he came to know that. The informant participated in three controlled buys over the course of thirty days. During two of the buys, police saw the defendant leaving the residence and going directly to the meet location without stopping along the way. Police ultimately got a warrant to search the defendant's home for evidence of heroin distribution. The SJC decided that there was enough probable cause, relying primarily on the allegations that the defendant went directly from the residence to the meet location and then returned to the residence. The court decided that the failure to indicate whether the defendant walked or drove to the meet location was not fatal, even though it noted that if he had driven, then there would be a possibility that the heroin was kept in the car and not in the home.
This decision conflicts with a number of other cases involving similar or nearly identical facts. For example, in a case named Pina, the SJC decided that observation of a defendant driving directly from his apartment to a location where he sold cocaine was not enough to establish a connection between the apartment and the drug distribution. In Smith, the Appeals Court decided that there was no probable cause to search a residence where undercover officers observed the defendant driving from his residence to a place where he sold drugs to an undercover officer and was seen on a different occasion returning to the residence after a surveyed drug deal. In Stegemann, there was no connection between drug dealing and the defendant's residence where the affidavit stated that the defendant drove directly to his residence moments after a controlled buy. None of these cases are distinguished or even mentioned in this most recent case, and it's troubling that it might lead to inconsistent and confused rulings on motions to suppress evidence.
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Massachusetts drug distribution and probable cause to search a home
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How many hearings will I have in my King County DUI case?
Obviously, it depends alot on the difficulty of your case. (i.e. high breath test, accident, prior DUI's) However, even the simplest case has 3-4 pretrial hearings. Typically, we usually continue them for further investigation (i.e. interview witnesses, officers, visit scene,...
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UPDATE: 3 arrested in murder of sex offender in Meigs County
5-9-2013 Ohio:
Law enforcement officials identified the victim as 57-year-old Wallace Chafin of Pomeroy, Ohio. It appears he was stabbed and assaulted, however the exact cause of death has not...
[[This,an article summary.Please visit my website for complete article, and more.]]
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Richardson & Goff on Bias in Public Defender Triage
L. Song Richardson (pictured) and Phillip Atiba Goff (University of Iowa - College of Law and UCLA Department of Psychology) have posted Implicit Racial Bias in Public Defender Triage (Yale Law Journal, Vol. 122, 2013) on SSRN. Here is the...
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ACLU AWARD FOR STEPHEN HARPER
The ACLU will be honoring former Dade PD, current FIU law professor, and all around good guy Stephen Harper Friday evening. Some details of the event are below. If we went to events (we're a notorious recluse) we would definitely go to this one. The Greater Miami Chapter of the ACLU of Florida invites you to celebrate Law Day and the vital career of Stephen Harper of the Miami-Dade Public Defender’s Office. Join the defenders of our Bill of Rights at ACLU’s Annual Law Day ReceptionAnnual Law Day ReceptionFriday, May 10th, 6:00 P.M. – 8:00 P.M.This year in the beautiful Miami Beach Botanical GardenOur C. Clyde Atkins Civil Liberties Award will honor Stephen Harper, Clinical Professor of Law, FIU College of Law. He recently retired as Miami-Dade Public Defender and now supervises law students and lawyers on properly praparing the penalty phase of death cases throughout Florida.Full details of the event and the award are here. There is a phone number and email address, but we're pretty sure you can still buy a ticket at the door. STATE AGREES TO MOTION FOR A NEW TRIAL:David Ovalle and the Herald have all the details here. Apparently in a trial for attempted murder of a police officer the defense originally accepted a juror but the entire jury was not yet chosen and the next day a new panel was brought down. At some later point the defense moved to strike a juror from the first panel and the court (who else but blog favourite Judge Rodriguez-Chomat?) refused and the state (Scruggs and Kulick) sided with the judge. Then after the defendant was convicted and the defense filed a motion for a new trial the state decided to read some case law. It is fairly apodictic that either side may use a strike against a juror until the panel is sworn in. Having read the case law, the state agreed to a new trial. Let's just say this: there is a reason why trial judges should first have been trial lawyers. We want- we really really want to praise the state for conceding to the motion. And yet... the thought that they opposed the strike at the time...it just bothers us so much, that we can't do it. We tried, but alas we failed. TYPICAL FRONT RUNNING CLASSY HEAT FAN![]()
This was the scene Wednesday night, when classy Heat fan Filomena Tobias gave the finger to Joakim Noah. Now here is the best part of this story:Filomena (Phyllis to her close friends) is described by the Herald here thusly: Filomena Tobias, a Porsche-loving Palm Beach socialite once accused of drowning her wealthy husband, is the rabid middle-finger-flipping Miami Heat fan...Her back-story reads like a Jackie Collins novel: Jersey-born secretary, married money, divorced three times, accused by a gay stripper named “Tiger” of kidnapping. She later hired a 300-pound psychic who would claim Tobias had confessed to drugging and drowning her fourth husband, CNBC commentator Seth Tobias.Read more here: http://www.miamiherald.com/2013/05/09/3389653/palm-beach-heat-fan-who-gave-the.html#storylink=cpyWho could make this stuff up? Wouldn't a psychic (off all people) know what they're eating would make them fat? And would Jersey take her back? We could trade her and Governor Scott for Governor Christie and a bimbo to be named later. And while we're at it, just what does everyone's favourite "middle finger frowning" Judge Rodriguez-Chomat have to say about the actions of Phyllis? He's handled cases like this before. Typical Heat fan. You can have them. See You In Court. Read more here: http://www.miamiherald.com/2013/05/09/3389653/palm-beach-heat-fan-who-gave-the.html#storylink=cpySite Feed
This was the scene Wednesday night, when classy Heat fan Filomena Tobias gave the finger to Joakim Noah. Now here is the best part of this story:Filomena (Phyllis to her close friends) is described by the Herald here thusly: Filomena Tobias, a Porsche-loving Palm Beach socialite once accused of drowning her wealthy husband, is the rabid middle-finger-flipping Miami Heat fan...Her back-story reads like a Jackie Collins novel: Jersey-born secretary, married money, divorced three times, accused by a gay stripper named “Tiger” of kidnapping. She later hired a 300-pound psychic who would claim Tobias had confessed to drugging and drowning her fourth husband, CNBC commentator Seth Tobias.Read more here: http://www.miamiherald.com/2013/05/09/3389653/palm-beach-heat-fan-who-gave-the.html#storylink=cpyWho could make this stuff up? Wouldn't a psychic (off all people) know what they're eating would make them fat? And would Jersey take her back? We could trade her and Governor Scott for Governor Christie and a bimbo to be named later. And while we're at it, just what does everyone's favourite "middle finger frowning" Judge Rodriguez-Chomat have to say about the actions of Phyllis? He's handled cases like this before. Typical Heat fan. You can have them. See You In Court. Read more here: http://www.miamiherald.com/2013/05/09/3389653/palm-beach-heat-fan-who-gave-the.html#storylink=cpySite Feed
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ABC7 Denver: Driver gets $35K after being searched for 'pot smell,' nothing found
ABC7 Denver: Driver gets $35K after being searched for 'pot smell,' nothing found by Deb Stanley:
LOVELAND, Colo. - A man who says he was put in handcuffs for an hour because he allegedly smelled of marijuana is getting $35,000 from the city of Loveland, according to the ACLU.
David Kramer said he was stopped for a minor traffic issue on July 4, 2011.
"Kramer was held in handcuffs for more than an hour and was subjected, in violation of his Fourth Amendment rights, to a search of his body, his wallet, and his vehicle by Loveland police, who gave no justification other than a claim they smelled marijuana," according to a letter that ACLU attorneys sent to the city of Loveland.
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Entrada en vigencia del "Tratado de Extradición entre la República del Perú y la República Oriental del Uruguay"
Tomada de:monitorealo.blogspot.comEl día de hoy salió publicado en el Diario Oficial "El Peruano" la comunicación de la entrada en vigencia del "Tratado de Extradición entre la República del Perú y la República del Uruguay".Este Tratado fue suscrito el 9 de julio de 2007 en la ciudad de Lima. Por Resolución Legislativa Nº 29843 se aprobó y finalmente fue ratificado por Decreto Supremo Nº 022-2012-RE, del 25 de abril de 2012.Entró en vigencia el 3 de agosto de 2012.
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"Cyberthieves Looted A.T.M.’s of $45 Million in Just Hours"
From the New York Times: On Thursday, federal prosecutors in Brooklyn unsealed an indictment charging eight members of the New York crew – including their suspected ringleader who was found dead in the Dominican Republic on April 27 — offering...
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MA - Foxborough Selectman Implores Judiciary Committee to Approve Sex Offender Registry and Notification Act
James DeVellisOriginal Article05/09/2013By Jeremie SmithFoxborough selectman James DeVellis testified Tuesday at the State House to offer his perspective - as the town’s elected official – of the merits for Massachusetts to enact the Adam Walsh Act (Sex Offender Registry and Notification Act).Foxborough selectman James DeVellis was in Boston Tuesday testifying before the Judiciary Committee at the State House on behalf of the town and the victims of the [name withheld] sex abuse case to implore the state to enact the Adam Walsh Act (Sex Offender Registry and Notification Act).
“I informed the Judiciary Committee of the [name withheld] issue that we are dealing with [in Foxborough] and the three questions that I was asked by [name withheld] victims,” DeVellis said.
DeVellis said the first two questions victims asked him were “how can a member of our community molest and rape probably hundreds of kids over decades without notice or action?” and “how do these victims come to the authorities years ago and be told either [statute of limitations] has expired or [name withheld] is in Florida now and out of jurisdiction?”
“We later came to find out [name withheld] continued on [in Florida] where he left off in Foxborough and as a teacher in Florida was caught doing it there with very little notification back and forth,” DeVellis said. “Both these questions Foxborough is struggling with but it is in the past and I am not looking for answers from the Judiciary Committee on these two questions.”
What DeVellis is looking for is the answer to the victims’ third question to the town, “What [are Foxborough officials] going to do to help assure this can never go undetected again in our town?”
DeVellis hopes the answer includes the Commonwealth enacting the Adam Walsh Act.
“I implored the Judiciary Committee to approve the Adam Walsh Act so our police, teachers, selectmen and parents have the tools to protect our kids in the most efficient way possible with the help of reporting and labeling sex offenders,” DeVellis said.
DeVellis explains Adam Walsh was a young boy abducted at a Florida shopping mall and later found murdered.- And it was never proven he was sexually abused or that an ex-sex offender did the crime either.
“In summary, the Act, which is also referred to as SORNA (Sex Offender Registry and Notification Act) allows states to categorize, track, notify and in the end protect our children at a higher level throughout the country,” DeVellis said. “Many states have enacted this but Massachusetts has not.”See Also:Local Lawmakers, Police Chief, Testify on Sex Offender Legislation
Norfolk County DA Morrissey Testifies on Sexual Predator Bill
Read the rest of the article© 2006-2013 | Sex Offender Issues
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OH - 3 (Ryan Cozart, Ariel Smith & Sara Craig) arrested in murder of sex offender in Meigs County
Ryan Cozart, Ariel Smith & Sara CraigOriginal Article05/09/2013By Lisa Robbins & Courtney KhondabiUPDATE:
Law enforcement officials identified the victim as 57-year-old [name withheld] of Pomeroy, Ohio. It appears he was stabbed and assaulted, however the exact cause of death has not been released.
Three are charged in connection with [name withheld]'s murder: Ryan Cozart of Racine, Ohio who is charged with the murder; Ariel Smith of Portland, Ohio and Sara Craig also of Portland, Ohio are both charged with complicity to commit murder.
Detectives report [name withheld] knew the trio but it is not clear what sort of relationship they had. Police believe the trio went to [name withheld]'s room, stabbed and assaulted him and then stole his car. Deputies arrived on scene after midnight.
About 1:50 a.m. Cozart and Craig returned to the hotel in the victim's car and were arrested. Investigators later picked up Smith at a house in Portland.
The scene was described as gruesome and bloody. It took detectives hours to check several locations including Meigs Motel room 22. A motive has not been determined.
Wallace is listed as a sex offender in Ohio. Investigators have not said whether or not his criminal past had anything to do with his murder.Read the rest of the article© 2006-2013 | Sex Offender Issues
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Unas líneas que deseaba escribir hace tiempo
Una de las cosas que he querido hacer estos últimos años y en forma oportuna ha sido escribir sobre el Día de la Madre. Lamentablemente una y otra cosa ha impedido que pudiera escribirlo antes del día, de modo que cuando me he sentado a esbozar el artículo ya era el día posterior. Me decía a mi mismo que ya no debía hacerlo para no sentir la vergüenza de aquel que se mete a una fiesta, la disfruta y se olvida de felicitar al homenajeado.Pues bien, faltan algunos días, asi que ahora si lo haré.Y lo quiero hacer desde mi óptica de padre.Si me preguntan por dos acontecimientos que mas hayan marcado mi vida, les diré sin titubear que han sido mi matrimonio y el nacimiento de mis dos hijos. El primero, porque me liberé del temor a perder mi libertad, que alteró mi visión de la relación hombre mujer haciendo que huyera de toda posibilidad que fuera atarme a alguien, predisponiéndome a ser un solitario dibujante y escribidor de prosas tan libres como desgarradas. Hasta que conocí los hermosos ojos de Marle y me vi sumergido en su sonrisa. La encontré tan bella e inteligente que comprendí que mi fingida soledad solo era un pretexto para no enfrentar el miedo a ser feliz. Lo demás para mí, es historia. Abandoné la poesía –algún día publicaré mis “evocaciones”- y me dedique a ser feliz con ella. El segundo, porque descubrí lo hermoso que es sentirse responsable por alguien. Ver crecer la vida, sabiendo que debo alimentarlos con lo mejor de mí, a la vez de tomar la distancia necesaria para permitirles crecer. Aprendí a pesar en función a ellos, aunque claro sin la calidad de entrega que tiene Marle para con nuestros hijos. Aprendí también que mejor desvelada no era una noche de fiesta sino el amanecerme contemplando sus rostros. Por eso, es que quiero escribir sobre la madre, desde la óptica de mi experiencia como padre. No es fácil para un varón asumir la paternidad, pero ahí le hacemos el intento. Mal que bien, a veces con un poco de ridículo, pero logramos salir adelante. Por eso es que a veces nos despierta una sana envidia viendo a la madre y como, aquello que nos causa tanto problema, es solucionado de la forma más simple como si nunca hubiera significado dificultad. Creo que las madres tienen grandes fortalezas: canjean su individualidad por una visión de dos en la cual pueden interpretar al hijo sin dejar de pensar como mujer y cambian su libertad por el compromiso de ser feliz y hacer feliz a los suyos. Despierta una sana envidia el que hayan superado el temor al ridículo para dejarse llevar por la felicidad, sino mire a las señoras en los buses haciendo gestos con sus bebés, o cantándoles de una forma espantosamente dulce. Han superado también la vergüenza cuando su contrapeso es la felicidad del hijo. La joven que esconde sus senos, es la misma madre que no duda en exhibirlos en público con tal de amamantar a su criatura. A los padres aun nos cuesta dejarnos llevar por la felicidad y vivir el momento y no es que queramos menos a nuestros hijos, sino que llevamos sobre nuestras espaldas siglos de formación que habla de la dureza del hombre. Mientras lo superemos, abandonémonos en la admiración eterna hacia nuestra compañera o la compañera de nuestro padre, o las madres del mundo. El mundo avanza, el mundo se mueve con esa maravillosa palanca llamada Madre. Un feliz día.
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TX - House passes ‘2 strikes’ child sex offender bill
Original Article05/09/2013By Glenn Evans
A bill that would deal people convicted of violent sexual crimes against children a lifetime prison sentence is in the Senate after unanimous passage Tuesday in the Texas House.
“This requires a two-strikes-and-you’re-out policy,” said Rep. Travis Clardy, one of four authors of House Bill 1302 (PDF), including Marshall Rep. Chris Paddie.
“If there is a second offense, where they are convicted of sexual violence against a child under 14, that’s it. We’re not going to release those people back into society. They have proven what they are, and we’re not going to have them out on the streets.”
The lifelong prison term, which does not allow the possibility of parole, is half of the bill awaiting assignment to a committee in the Senate.
The measure also bans people from several jobs after one conviction for sexual violence against a child.
Such people would be allowed to drive a bus, taxi or limousine. They would not be allowed to work in any service job that requires them to enter a home, and they could not operate amusement park rides.
“This hopefully limits access to children of those people who have proven themselves to be untrustworthy,” said Clardy, R-Nacogdoches.
The measure is called Justin’s Law in memory of the murdered 12-year-old son of a Cherokee County woman.
Authorities believe the child was murdered by a twice-convicted sex offender who lured him into his leased taxi three years ago in Louisiana.- Believe or know? Believing something doesn't make it true! So you are making a draconian law based on a belief and not facts! Or are we missing something here?
“The tragic story behind this law shows that we the need the toughest punishments for the most heinous sexual offenders,” Paddie said Wednesday. “Justin’s Law will ensure that these offenders are no longer able to prey on our children and should help put parents’ minds at ease.”
Sexual offense laws already prevent convicted people of living near places frequented by children, such as schools or playgrounds. They largely leave it up to employers, however, to decide whether to ban those applicants and conduct background checks.
Under SB 1302, local law enforcement would provide the list of prohibited jobs to people convicted of violent sexual crimes against children when they join a sexual offender registry. Prison officials also are required to provide the no-job list to parolees.
The bill reached the Senate on Wednesday after passing the House by a 144-0 margin Tuesday. It awaited a committee assignment Wednesday night, but Clardy anticipated the Senate’s Criminal Justice Committee a likely placement.
Lt. Gov. David Dewhurst’s information officer did not respond to a request Tuesday for information on the bill’s assignment.
The Senate Criminal Justice Committee has a similar measure, one that enhances misdemeanor promotion of prostitution to felony level if the person being prostituted is younger than 17.House Bill 32 (PDF) would raise the maximum prison term on a second conviction for promotion of prostitution — a misdemeanor commonly called pimping — from one year to two years regardless of the age of the person being prostituted.
If that person is younger than 17, the maximum prison stint rises to 10 years, a third-degree felony level.
House Bill 32 also raises the maximum term for aggravated promotion of prostitution, defined as controlling two or more people being prostituted, from 10 years to 20 if any being prostituted are younger than 17.
The measure, which won 147-0 House passage on April 17, has not been scheduled for a public hearing in the Senate committee.See Also:House OK’s ‘Justin’s Law’ for repeat sex offenders
© 2006-2013 | Sex Offender Issues
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"District Judges Divide on Long-Term Cell Phone Tracking Under the Fourth Amendment"
Orin Kerr, no fan of the "mosiac theory" of the Fourth Amendment, has this helpful post at The Volokh Conspiracy. In part: The Supreme Court has consistently rejected having special kinds of probable cause in discrete settings, most recently in...
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"Looking Past the Hype: 10 Questions Everyone Should Ask About California's Prison Realignment"
The title of this post is the title of this new paper on SSRN by Joan Petersilia and Jessica Snyder. Here is the abstract: P>\\California’s Criminal Justice Realignment Act passed in 2011 shifted vast discretion for managing lower-level offenders from...
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George Zimmerman Seeks Anonymous Jury
Lawyers for George Zimmerman today filed a motion asking the jury in his upcoming trial over the shooting death of Trayvon Martin be anonymous. The motion is here.
It's pretty unusual for a defendant (as opposed to the prosecution) to ask...
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Apple Deluged With Requests for Decrypted iPhone Data
While the sand slipped through the opening
And their hands reached for the golden ring....
CNet reports Apple has been so swamped with law enforcement demands to decrypt iPhone data, it has created a waiting list.
For background on the...
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What is the difference between an ordinance and a statute?
I have fielded this question quite a few times in the past week. These two terms are commonly misused because we simply repeat what we have already heard through the media, whether it be the news or the paper.
Ordinances are enforceable at the city level only and only by the particular city that enacted the specific ordinance (unless it's a county ordinance, and then it covers the entire county). In other words, an ordinance in the city of Jackson cannot be enforced in the city of Vicksburg. Ordinances may only address misdemeanor violations and shall never address felonies. Any violations of a city ordinance are handled by that city's municipal court. While each city has a different procedure for approving an ordinance, usually these ordinances have been drafted by someone in the city or the city attorney's office and have then been adopted by the board of aldermen or city council and then approved by the city's mayor. Violating a city ordinance can result in a fine and/or jail time. Keep in mind that any time an individual goes to court and is found guilty of violating a city ordinance, that individual is responsible for paying court costs and assessments, which is usually anywhere between $100 and $200 depending on the violation. A listing of Jackson ordinances can be found here.
Statutes are enforceable throughout the entire state, including at the municipal court level. These are enacted by the state legislature and are regarded a bit higher than ordinances. Statutes have been kicked around committee hearings in the legislature and have withstood review by both the House and Senate, and then were signed into law by the sitting governor. These laws can still be considered unconstitutional by the Mississippi Supreme Court for a variety of reasons. A violation of a misdemeanor statute can result of a fine and/or jail time up to a year in the county jail. When in court for a violation of a statute, whether it be misdemeanor or felony, there will always be court costs and assessments attached to any sort of fine the defendant may be required to pay. The entire Miss. Code can be found here. As my boss says many, many times, "a code lawyer is a dangerous lawyer."
If you have any questions about your understanding of the law where you live, feel free to call the attorneys at Coxwell & Associates so that we may help you.
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“We’re Considering Selling the Company – How Can a Special Committee Help?”
In any change-of-control business transaction, the decision by the target company’s board of directors to approve the deal is subject to heightened scrutiny by the courts. These days, virtually every M&A deal is sure to attract at least one strike suit challenging the board’s decision, so it is essential that the board’s decision-making process be [...]![]()
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Appealing a Criminal Sentence in Michigan
In most cases, a criminal sentence is a serious matter that can negatively impact your life in varying degrees depending on the crime committed. When an individual is sentenced to years in prison, it isn't unusual to appeal; however, it is a very complex process that requires among other things having proof and a solid reason that you feel you were unjustly sentenced.
When an individual and his/her Michigan criminal appeals attorney files an appeal of the sentence, there is no "new trial" in that the facts or evidence are not usually reconsidered. In other words, it is not a question of whether the defendant committed the crime, but whether the sentencing judge may have made an error in his or her decision to sentence you in a way that is unfair or substantially out of line with Michigan's sentencing guidelines.
When you have made the decision to file an appeal of your sentence, there are strict rules that should be adhered to. There are forms that must be filed with the clerk of the court; filing your notice of appeal must be done within a certain window of time as well. Defendant's who do not file an appeal within the specific time allotted will usually not have their case reviewed by a new judge or court. Once this is taken care of, an appellate brief must be written and filed. This brief is essentially an explanation to the court regarding the reasons you believe a mistake was made by the judge who sentenced you. Depending on whether it is a state or federal case, the government or prosecutor will also file their own brief in order to state their beliefs and feelings as to why the sentence you were initially given should not be changed.
As you can see, filing an appeal of your criminal sentence is complicated. To ensure that the process is followed to the letter and for the best chance at winning, you must consult with an experienced and capable Michigan criminal appeals lawyer. A seasoned attorney who is knowledgeable and skilled in the area of criminal appeals will review your case to determine whether there are legitimate grounds for an appeal.
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IA - WEBSITE SCAM: Wrongfully Accused ‘Pedophiles’
Original ArticleThis site doesn't look familiar, but you can see more here.
We do believe the site is the PotentialProstitutes.com or PotentialPredators.com site(s).05/09/2013By Aaron Brilbeck
On the surface it seems like a good idea. A website where neighbors can anonymously warn each other about sexual predators living in their neighborhoods. The site, which we are not identifying, proudly boasts ”we operate based on the efforts from (sic) motivated members of their local communities who have at one point or another come into contact with a potential predator.” and “These offenders should be taught a lesson before their actions escalate.”
But here`s the problem. Because the tips are given anonymously, the site claims no responsibility for accuracy. Anyone can post personal information about anyone including pictures, addresses, phone numbers…regardless of whether that person is actually a sexual predator. The administrators of the site credit the Communications Decency Act for that. According to the site “If you are considering suing (the site) because of a profile that you claim is defamatory, you should be aware that, to date, (the site) has never lost a case.” and that, because of the Communications Decency Act, “The site itself cannot be held legally responsible for the posted material” because material is posted by anonymous sources.
And the only way to have that information removed is to pay the administrators of the site $100, according to the site, “Due to the costs associated with altering the content of the site on an individual basis.” That`s the scam.[name withheld] of Des Moines is listed on the site. He isn`t a sex offender..and suspects an ex-girlfriend posted his information—labeling him a pedophile online. “Oh, I`m really angry. It`s shameful to have that kind of a label. I`m a pretty proud person. I don`t do anything to make myself look bad. At least I try not to. So yeah, that`s about a bad a thing as you can have happen to you.” [name withheld] says.
He won`t pay the hundred bucks…he refuses to be black mailed. But he`s also worried about his reputation. “Absolutely. I`ve got a good reputation. 50 years old. I`ve been around a while. Lived my life. Worked hard. Earned a living. Provided for myself and my family. To have my name drug through the dirt like this is nothing I would have ever expected.”
We`re not releasing the name of the site…we don`t want to help their business. But they`re smart . They are using a proxy so we can`t find out exactly where they`re operating from. So we called the FBI.
“It`s definitely illegal. We`re definitely aware of it. And we are taking steps to address it.” says FBI spokeswoman Sandy Breault, “The most important thing is do not pay the money. Do not fall victim to these type of people. It`s a scam and paying the money is not going to get you off the website.”
Because it`s an ongoing investigation, the FBI can`t tell us much about what they know. They warn against paying the money though because then the administrators will have more personal information about you. What we know is the site has been up and down for a few weeks now…but it still posts the names of people like [name withheld]…and their names can be found on the site using common search engines. That`s why he`s talking to us.
“I guess I`d rather have it out there and let everybody out there know that this is a bunch of crap rather than people talk behind my back. Giving me a dirty look walking down the street or in the store. Or any of my friends friends.” he says.
We sent several e-mails to the administrators of the site, but no one ever got back to us.
The FBI is asking victims, like [name withheld], to be patient…they`re working on shutting the site down. But [name withheld] says that can`t happen soon enough. Every day the site is up, he says, his reputation becomes more tarnished. “Really it`s worth trashing somebody`s name just to get a hundred dollars?” he asks, “I mean how pathetic are you? Just a worthless…most worthless type person.”- There are a ton of these types of sites out there, SORARCHIVES.COM is one, which also needs to be shut down and the owners in prison.
If your name appears on the site, you will receive an e-mail from the administrators asking for $100 to have it removed. The FBI asks that you report it here.© 2006-2013 | Sex Offender Issues
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More Pages to Explore .....
