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Forced Out of Town Other Criminal Procedure

Discussion in 'Criminal Procedure, Criminal Court' started by millsj86, Aug 29, 2022.

  1. millsj86

    millsj86 Law Topic Starter New Member

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    Jurisdiction:
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    I'll briefly explain my circumstances:

    In 2019, I was accused of a crime and sentenced to 5 years of probation and placed on the Sex Offender Registry. I spent 9 months in jail and 2.5 years on probation before being released, although still on the registry. While on probation, I was homeless until finding a plot of land to rent far from civilization due to the 1000 foot rule regarding parks, schools, etc preventing me from being able to live anywhere else. --wherein I am still basically homeless, but I pay rent now.

    My plan was to live with my friends, who live in Melbourne.

    I was staying there on and off for several days before the police came saying they had a complaint from some anonymous caller that I was living there. They did nothing but remind me of the law regarding registration of address. The law says if I stay for 3 consecutive days, I must register it as a permenant address, but every second day I would return to my off grid trailer in the woods so not to be breaking the law. I was in the process of looking for work and taking care of my car insurance, etc, before officially changing my address and never returning to the woods.

    About one week after the first police visit, the police came again to my friend's house, once again due to an anonymous complaint, and forced everyone who lived there to stand outside while they searched for me... I was not there, but one of the police called me after and simply told me that I could not live there (or even visit) due to a playground they said is 977 feet away from their address.

    It turns out the playground in question is actually 1760 feet away, no matter how you cut it. Not even close to the 1000 foot limit... This is the second time the police have lied about the distance of a park in order to prevent me from having a home. Are they allowed to enforce the law based on arbitrary numbers in this way? Are they allowed to harass everyone I know, my friends and family, any time my ex wife commands them to "anonymously"?

    In short, what can be done about this legally?
     
  2. army judge

    army judge Super Moderator

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    No, the police aren't allowed to be arbitrary with the distance.

    The distance reported must be accurate and true.

    If there is a dispute, it isn't settled by arguing or accusing the police.





    If you believe the police are acting illegally, you're free to file a complaint with their internal affairs bureau.

    You settle civil and criminal disputes by taking the matter to court.

    You could hire an attorney to pursue a legal remedy and court mandated redress.

    Good luck.
     
    Red Kayak and millsj86 like this.
  3. Zigner

    Zigner Well-Known Member

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    Red Kayak and army judge like this.
  4. army judge

    army judge Super Moderator

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    I concur.

    To the OP:

    It might be useful for you discuss these incidents/events with your former probation officer.

    Probation officers, even former POS, are often willing to counsel former probationers.

    Despite what some people think, probation AND parole officers want their charges to succeed and become law abiding, productive members of society.

    Most police officers support the same result, too.
     

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