Sex Offenders Suing Police Department over Signs.

[Andsed]

Source:
https://www.fox5atlanta.com/news/sex-offenders-suing-butts-county-sheriff-over-no-trick-or-treat-signs

So basically in Butts County(yes that is it's real name) Georgia a group of sex offenders have filed a lawsuit against the police department for putting signs in their yards informing those trick or treating of their status so they don't go there. The sex offenders behind the lawsuit(who, from what I found all were found guilty of criminal offenses involving minors including shit like statutory rape) claimed that this was an invasion of privacy and a violation of free speech and asked for the signs to be removed.

The sheriff of Butts County police Gary Long claimed that he was simply doing it to protect kids in the neighborhood.

Now personally I don't have much sympathy for the sex offenders who filed this shit. As mentioned they were found guilty of sexual offenses involving minor including stuff like statutory rape and I feel like it is a good idea to inform people of their status so as to keep kids from potentially being put in a situation with them. But I also see why action like this especially considering that (as far as I am aware but I am not a lawyer so feel free to correct me if I am wrong) sex offenders can also include those who simply pissed in a public park, could be problematic.

But that are my thought so I pose the question to my fellow denizens of NSG, do you feel like the police were justified in doing this and was it a good idea or was the lawsuit justified?

[Galloism]

Justified? Certainly.

But is it legal? Is the sheriff empowered by law to go onto the person's private property with no probable cause of any crime and post signage on the person's door?

Anyone have the law handy?

[The New California Republic]

Justified? Certainly.

But is it legal? Is the sheriff empowered by law to go onto the person's private property with no probable cause of any crime and post signage on the person's door?

Anyone have the law handy?

Yeah something smells off about the police being able to put objects on a person's land without permission in this case.

[Ethel mermania]

Justified? Certainly.

But is it legal? Is the sheriff empowered by law to go onto the person's private property with no probable cause of any crime and post signage on the person's door?

Anyone have the law handy?

I would think its trespass, they were not invited onto the property and they are not leaving a notice pursuant to a court order.

I am not sure that noting that these folks are sex offenders and are under court order not to give candy on the property on the property is considered as under that court order.

[Galloism]

Justified? Certainly.

But is it legal? Is the sheriff empowered by law to go onto the person's private property with no probable cause of any crime and post signage on the person's door?

Anyone have the law handy?

I would think its trespass, they were not invited onto the property and they are not leaving a notice pursuant to a court order.

I am not sure that noting that these folks are sex offenders and are under court order not to give candy on the property on the property is considered as under that court order.

Sheriff may be hanging his hat on this section:

(5) Inform the public of the presence of sexual offenders in each community;

https://gbi.georgia.gov/42-1-12-state-s ... r-registry

But that would seem to be covered under having it on the Sheriff's website, and I don't think it's carte blanche to do anything you want that's sort of related to informing the public.

[Telconi]

I would think its trespass, they were not invited onto the property and they are not leaving a notice pursuant to a court order.

I am not sure that noting that these folks are sex offenders and are under court order not to give candy on the property on the property is considered as under that court order.

Sheriff may be hanging his hat on this section:

(5) Inform the public of the presence of sexual offenders in each community;

https://gbi.georgia.gov/42-1-12-state-s ... r-registry

But that would seem to be covered under having it on the Sheriff's website, and I don't think it's carte blanche to do anything you want that's sort of related to informing the public.

Sheriffs can go on people's property to execute duties, which include notifying people of hazards. Question I guess is rather this constitutes enough of an imminent hazard to justify such actions.

[Sovaal]

Eh, I can get behind why the sheriff put them up, but frankly he shouldn’t have done that, as it mentions in the article (paraphrasing form the suing party’s attorney) the state of Georgia evidently doesn’t require such signs to be posted, and by doing so I’d say the sheriff has over stepped his bounds.

[Ethel mermania]

I would think its trespass, they were not invited onto the property and they are not leaving a notice pursuant to a court order.

I am not sure that noting that these folks are sex offenders and are under court order not to give candy on the property on the property is considered as under that court order.

Sheriff may be hanging his hat on this section:

(5) Inform the public of the presence of sexual offenders in each community;

https://gbi.georgia.gov/42-1-12-state-s ... r-registry

But that would seem to be covered under having it on the Sheriff's website, and I don't think it's carte blanche to do anything you want that's sort of related to informing the public.

If you read up a little bit. 3e has a clause about maintaining a web site. 5 just says inform. If 5 meant only web site I think it would say so. there are many other ways of putting out public notices than just a website.

Now that is about as far as my having played a lawyer on TV will take me as an authority.

[Farnhamia]

Source:
https://www.fox5atlanta.com/news/sex-offenders-suing-butts-county-sheriff-over-no-trick-or-treat-signs

So basically in Butts Country(yes that is it's real name) Georgia a group of sex offenders have filed a lawsuit against the police department for putting signs in their yards informing those trick or treating of their status so they don't go there. The sex offenders behind the lawsuit(who, from what I found all were found guilty of criminal offenses involving minors including shit like statutory rape) claimed that this was an invasion of privacy and a violation of free speech and asked for the signs to be removed.

The sheriff of Butts Country police Gary Long claimed that he was simply doing it to protect kids in the neighborhood.

Now personally I don't have much sympathy for the sex offenders who filed this shit. As mentioned they were found guilty of sexual offenses involving minor including stuff like statutory rape and I feel like it is a good idea to inform people of their status so as to keep kids from potentially being put in a situation with them. But I also see why action like this especially considering that (as far as I am aware but I am not a lawyer so feel free to correct me if I am wrong) sex offenders can also include those who simply pissed in a public park, could be problematic.

But that are my thought so I pose the question to my fellow denizens of NSG, do you feel like the police were justified in doing this and was it a good idea or was the lawsuit justified?

Butts County, not "Butts Country." And don't try to blame AutoCorrect.

[Sovaal]

Source:
https://www.fox5atlanta.com/news/sex-offenders-suing-butts-county-sheriff-over-no-trick-or-treat-signs

So basically in Butts Country(yes that is it's real name) Georgia a group of sex offenders have filed a lawsuit against the police department for putting signs in their yards informing those trick or treating of their status so they don't go there. The sex offenders behind the lawsuit(who, from what I found all were found guilty of criminal offenses involving minors including shit like statutory rape) claimed that this was an invasion of privacy and a violation of free speech and asked for the signs to be removed.

The sheriff of Butts Country police Gary Long claimed that he was simply doing it to protect kids in the neighborhood.

Now personally I don't have much sympathy for the sex offenders who filed this shit. As mentioned they were found guilty of sexual offenses involving minor including stuff like statutory rape and I feel like it is a good idea to inform people of their status so as to keep kids from potentially being put in a situation with them. But I also see why action like this especially considering that (as far as I am aware but I am not a lawyer so feel free to correct me if I am wrong) sex offenders can also include those who simply pissed in a public park, could be problematic.

But that are my thought so I pose the question to my fellow denizens of NSG, do you feel like the police were justified in doing this and was it a good idea or was the lawsuit justified?

Butts County, not "Butts Country." And don't try to blame AutoCorrect.

I mean it’s an unfortunate name regardless of how you put it.

[Ethel mermania]

Butts County, not "Butts Country." And don't try to blame AutoCorrect.

I mean it’s an unfortunate name regardless of how you put it.

Now I think Dr. Seymour Butts will be offended by your statement.

[Andsed]

Source:
https://www.fox5atlanta.com/news/sex-offenders-suing-butts-county-sheriff-over-no-trick-or-treat-signs

So basically in Butts Country(yes that is it's real name) Georgia a group of sex offenders have filed a lawsuit against the police department for putting signs in their yards informing those trick or treating of their status so they don't go there. The sex offenders behind the lawsuit(who, from what I found all were found guilty of criminal offenses involving minors including shit like statutory rape) claimed that this was an invasion of privacy and a violation of free speech and asked for the signs to be removed.

The sheriff of Butts Country police Gary Long claimed that he was simply doing it to protect kids in the neighborhood.

Now personally I don't have much sympathy for the sex offenders who filed this shit. As mentioned they were found guilty of sexual offenses involving minor including stuff like statutory rape and I feel like it is a good idea to inform people of their status so as to keep kids from potentially being put in a situation with them. But I also see why action like this especially considering that (as far as I am aware but I am not a lawyer so feel free to correct me if I am wrong) sex offenders can also include those who simply pissed in a public park, could be problematic.

But that are my thought so I pose the question to my fellow denizens of NSG, do you feel like the police were justified in doing this and was it a good idea or was the lawsuit justified?

Butts County, not "Butts Country." And don't try to blame AutoCorrect.

Yeah I got country confused with county. It has been a long day.

[Sovaal]

I mean it’s an unfortunate name regardless of how you put it.

Now I think Dr. Seymour Butts will be offended by your statement.

Well maybe he should have thought about that before he got into the business of giving prostate exams.

[Nanatsu no Tsuki]

I understand the desire to protect and all but... well, I don’t know. This feels iffy.

[Vetalia]

I actually looked it up...the kind of statutory rape you're thinking of isn't the kind that requires registration as a sex offender., nor are minor offenses like public indecency. To be required to register as a sex offender in Georgia you have to commit a "dangerous sexual offense:, which in the case of Georgia law includes statutory rape in the following circumstance:

(a) A person commits the offense of statutory rape when he or she engages in sexual intercourse with any person under the age of 16 years and not his or her spouse, provided that no conviction shall be had for this offense on the unsupported testimony of the victim.

"(vii) Statutory rape in violation of Code Section 16-6-3, if the individual convicted of the offense is 21 years of age or older;"

These predators were undoubtedly quite a bit older than 21 and I suspect the victims were quite a bit younger than 15. The other dangerous sexual offenses are really serious stuff so if they're forced to register what they did was really, really bad; this sheriff is wise to inform the community of the danger they pose to children. If they don't like it, tough.

Otherwise:

"(c) If the victim is at least 14 but less than 16 years of age and the person convicted of statutory rape is 18 years of age or younger and is no more than four years older than the victim, such person shall be guilty of a misdemeanor."

"(C) For purposes of this paragraph, a conviction for a misdemeanor shall not be considered a dangerous sexual offense, and conduct which is adjudicated in juvenile court shall not be considered a dangerous sexual offense."

https://law.justia.com/codes/georgia/2016/title-42/chapter-1/article-2/section-42-1-12/

[Greed and Death]

I mean it’s an unfortunate name regardless of how you put it.

Now I think Dr. Seymour Butts will be offended by your statement.

Its name for Captain Sam Butts who during the Creek war burned a few Creek villages containing mostly women and children.

The Creeks retaliated by burning him alive after capture.

[Thermodolia]

Butts County, not "Butts Country." And don't try to blame AutoCorrect.

I mean it’s an unfortunate name regardless of how you put it.

Not the worst name we have here. There’s a City not far from me named Cumming

[Vetalia]

Now I think Dr. Seymour Butts will be offended by your statement.

Its name for Captain Sam Butts who during the Creek war burned a few Creek villages containing mostly women and children.

The Creeks retaliated by burning him alive after capture.

A true American hero.

[Bombadil]

I mean it’s an unfortunate name regardless of how you put it.

Not the worst name we have here. There’s a City not far from me named Cumming

Cumming in Butts County?

[Thermodolia]

Not the worst name we have here. There’s a City not far from me named Cumming

Cumming in Butts County?

Funny but no. Cumming is in Forsyth County, not to be confused with Forsyth Ga the city or Forsyth county NC.

[Unstoppable Empire of Doom]

I actually looked it up...the kind of statutory rape you're thinking of isn't the kind that requires registration as a sex offender., nor are minor offenses like public indecency. To be required to register as a sex offender in Georgia you have to commit a "dangerous sexual offense:, which in the case of Georgia law includes statutory rape in the following circumstance:

(a) A person commits the offense of statutory rape when he or she engages in sexual intercourse with any person under the age of 16 years and not his or her spouse, provided that no conviction shall be had for this offense on the unsupported testimony of the victim.

"(vii) Statutory rape in violation of Code Section 16-6-3, if the individual convicted of the offense is 21 years of age or older;"

These predators were undoubtedly quite a bit older than 21 and I suspect the victims were quite a bit younger than 15. The other dangerous sexual offenses are really serious stuff so if they're forced to register what they did was really, really bad; this sheriff is wise to inform the community of the danger they pose to children. If they don't like it, tough.

Otherwise:

"(c) If the victim is at least 14 but less than 16 years of age and the person convicted of statutory rape is 18 years of age or younger and is no more than four years older than the victim, such person shall be guilty of a misdemeanor."

"(C) For purposes of this paragraph, a conviction for a misdemeanor shall not be considered a dangerous sexual offense, and conduct which is adjudicated in juvenile court shall not be considered a dangerous sexual offense."

https://law.justia.com/codes/georgia/2016/title-42/chapter-1/article-2/section-42-1-12/

Thanks for this info.

Still not sure if there is legal ground for posting signage on private property without eminent domain.

Fun Fact: Halloween is actually the safest day of the year for children. Turns out when parents are obliged to take a walk with their kids the resulting drop in drunk drivers saves lives. Despite this the media usually takes to the holiday by warning us about poisoned candy with razor blades in it.... something that has never killed or injured a trick or treater in real life.

[Thermodolia]

I actually looked it up...the kind of statutory rape you're thinking of isn't the kind that requires registration as a sex offender., nor are minor offenses like public indecency. To be required to register as a sex offender in Georgia you have to commit a "dangerous sexual offense:, which in the case of Georgia law includes statutory rape in the following circumstance:

(a) A person commits the offense of statutory rape when he or she engages in sexual intercourse with any person under the age of 16 years and not his or her spouse, provided that no conviction shall be had for this offense on the unsupported testimony of the victim.

"(vii) Statutory rape in violation of Code Section 16-6-3, if the individual convicted of the offense is 21 years of age or older;"

These predators were undoubtedly quite a bit older than 21 and I suspect the victims were quite a bit younger than 15. The other dangerous sexual offenses are really serious stuff so if they're forced to register what they did was really, really bad; this sheriff is wise to inform the community of the danger they pose to children. If they don't like it, tough.

Otherwise:

"(c) If the victim is at least 14 but less than 16 years of age and the person convicted of statutory rape is 18 years of age or younger and is no more than four years older than the victim, such person shall be guilty of a misdemeanor."

"(C) For purposes of this paragraph, a conviction for a misdemeanor shall not be considered a dangerous sexual offense, and conduct which is adjudicated in juvenile court shall not be considered a dangerous sexual offense."

https://law.justia.com/codes/georgia/2016/title-42/chapter-1/article-2/section-42-1-12/

Thanks for this info.

Still not sure if there is legal ground for posting signage on private property without eminent domain.

Fun Fact: Halloween is actually the safest day of the year for children. Turns out when parents are obliged to take a walk with their kids the resulting drop in drunk drivers saves lives. Despite this the media usually takes to the holiday by warning us about poisoned candy with razor blades in it.... something that has never killed or injured a trick or treater in real life.

My favorite one is the drugged candy. What idiot is going to waste weed on kids?

[Galloism]

Thanks for this info.

Still not sure if there is legal ground for posting signage on private property without eminent domain.

Fun Fact: Halloween is actually the safest day of the year for children. Turns out when parents are obliged to take a walk with their kids the resulting drop in drunk drivers saves lives. Despite this the media usually takes to the holiday by warning us about poisoned candy with razor blades in it.... something that has never killed or injured a trick or treater in real life.

My favorite one is the drugged candy. What idiot is going to waste weed on kids?

I, personally, appreciate this appeal to pure pragmatism.

[Vetalia]

Thanks for this info.

Still not sure if there is legal ground for posting signage on private property without eminent domain.

Fun Fact: Halloween is actually the safest day of the year for children. Turns out when parents are obliged to take a walk with their kids the resulting drop in drunk drivers saves lives. Despite this the media usually takes to the holiday by warning us about poisoned candy with razor blades in it.... something that has never killed or injured a trick or treater in real life.

That's actually a really interesting question; in Ohio, we have a special license plate that repeat OVI offenders are required to have on their cars (the infamous "party plates") that are completely unmistakable compared to other license plates and in fact are currently the only state in the country with these unique plates. Considering these plates have never been successfully challenged judicially and represent a far more worse posting of signage on public private property than these signs I think it would be hard to find a precedent to ban a similar measure for crimes that are far more serious than, say, two OVIs in six years.

I guess you could argue that if you don't have a car this requirement is not as severe as posting a notice on your home, but realistically unless you live within walking distance of everything you need mandating a DUI plate is a similar intrusion of privacy. That being said, the party plates do jack shit to prevent drunk driving given the sheer numbers of repeat offenders on the Ohio registry...the very fact that they're nicknamed "party plates" shows how seriously people view them. There was a local bar that got into some hot water for putting them up on the wall after the patrons no longer had to use them, in fact.

[Vetalia]

My favorite one is the drugged candy. What idiot is going to waste weed on kids?

Right, everyone knows you use PCP in the candy. Let those little bastards see the elephant.