Bonnie Burkhardt has over 35 years of experience legally intercepting and analyzing electronic communication signals for the Department of Defense. In her book, she explains how Mr. Pick was arrested in a sting operation illegally conducted by county police forces in Virginia and later charged and convicted for soliciting a minor electronically, a felony.

Mr. Pick’s electronic communications were intercepted without a warrant by the police, those very electronic communications in which a county police detective impersonated an imaginary underage teenager. Later, the officer hacked those private communications between Mr. Pick and said teenager. Mr. Pick was convicted of illegally soliciting a minor, a sex offense, and imprisoned. Mr. Pick was also required to register as a sex offender.

Anyone who understands the latitude with which sex offender is applied to a person knows that the label distorts, is mandated for years if not one’ s entire life, and that it negatively impacts one’s ability to earn a living, support a family, to contribute positively to community life, and to reside in a community without harassment. In sum, labels like sex offender ostracize, because they are associated with the most heinous of sexual crimes, even if that person did not touch anyone, even if the said victim did not actually exist.

Pick versus Virginia, however, does not focus on the ethics of sex offender registries or sting operations. Instead it provides evidence of the unlawful practices employed by police, leading to a multitude of misdirected convictions. As an expert in electronic communications and the laws surrounding their security, Burkhardt details those laws’ finer points.  She explains how they are misinterpreted by judges, misunderstood by most attorneys, and abused by federal, state and local officials and agencies.

Burkhardt describes how thousands of Virginia residents were unjustly prosecuted in sting operations since their major funder, the ICAC (Internet Crimes Against Children), was created in 1998. Based on her research and extensive data, she estimates that 8,100 persons have been prosecuted for manufactured crimes in Virginia alone, while their Fourth Amendment rights have been violated. Across the nation, she reports that 150,000 people have been prosecuted in similar stings.

Fortunately, in all these ICAC-funded stings, there was no real victim, although the stings have resulted in thousands of felony convictions. Adult detectives created these imaginary underage victims, after all.  One might question why any state or county agency would employ a unit of officers solely to troll for pedophiles on the internet. The short answer is not surprising: follow the money. The grant- funded ICAC stings enrich law enforcement budgets. Such stings also persist because they make law enforcement look good. The public supports them because they assume that stings help to keep children and communities safe. That is a myth. Since its inception in 1998, not one ICAC-funded sting nationwide, including all those in Virginia, ever resulted in the rescue of a real child.

Burkhardt’s book and her efforts to help those unjustly prosecuted are only first steps in challenging illegal and ineffectual stings. In the meantime, every real, living, breathing human is affected by violations of our Fourth Amendment rights. Real children do not benefit from expensive sting operations that violate those rights, including those practiced in Virginia and nationwide. Real children are not made safer. Instead, valuable citizens who could play a part in making our communities better are prevented from living productively, individual lives are ruined, families are damaged, and millions of dollars are wasted.

Putting our Fourth Amendment rights on the line is a slippery slope. No one questions the importance of keeping our communities safe and protecting our children. How we get closer to that goal is the real question. Accessing electronic records recklessly and without just cause violates everyone’s rights.

As life goes on, I hope that you and your family remain safe, that your children grow healthy and strong and go on to lead productive lives, all while your Fourth Amendment rights, and those of every U.S. citizen, remain intact.

NOTE: Please consider signing Bonnie’s Change.org petition.

This also means that this season is ripe for scammers posing as law enforcement officers targeting people on the sex offender registry. “The registry has harmed the people listed rather than providing safety to the community”, said Dwayne Daughtry, NCRSOL Executive Director. Daughtry went on to say, “Each time a registrant provides internet identifiers and other information stored on a computer it has the potential in becoming compromised. Who is to say information hasn’t been compromised recently or long ago?” 

Current federal law exempts law enforcement from alerting the general public of data breaches of law enforcement based data. A bill was introduced to congress in 2017 to amend that law. But it failed in committee. 

This holiday season is unique that online purchasing power along with internet, phone, postal, and texting orders are in high demand. Quick convenience also is a recipe for fraud and complicated scams. The constant change of COVID19 conditions has been somewhat of an information overload that has created and continues to create confusion. 

The federal government has suggested to report telephone scams and ID spoofing to the Federal Trade Commision by calling 1-877-382-4357. If you think you have been contacted that might be a sex offense related scam, most police departments have advised that you call them directly at their non-emergency number rather than contacting the telephone number on the letter, flyer, voice mail, or email you received. Allowing police to research and receive a report of potential scams so that they may document as much information as possible to hopefully put an end to it or raise issue that scams are targeted in their jurisdiction. 

The holiday season is quickly approaching. Please take extra precautions as to not being victim to scam artists or sex offense related scams. 

States have rules and requirements for sworn officers to wear a badge and uniform. However, in North Carolina, many police and sheriffs departments are skirting uniformity standards by introducing relaxed clothing trends, making it often challenging to identify a police officer. Mostly, if police officers want respect, they should look respectful, professional, and wear the official uniform of the policing agency they represent.

The most disturbing trend is that police officers across the state have migrated toward a mixture of military-style camouflage patterns as a part of the policing uniform. Wearing a combat styled camouflage uniform should be left to our armed forces and not a police agency. However, once again, the badge, the patch, and distinguishing identifications that the person is a police officer are questionable and confusing. In some cases, officers wearing “alternative relaxed/casual” uniforms have been the center of investigations where citizens have been shot by an officer mistakenly assumed for a civilian perpetrator.

A reason for such a candid discussion is how officers across North Carolina often go door-to-door claiming to be performing sex offender compliance checks. While sheriffs checks at home are not a requirement under current law except when notifications have not been verified, deputies often appear at the doorsteps of registrants wearing a mishmash of unprofessional and questionable uniform standards. Who on earth would ever answer a door to someone you could not readily identify? If it doesn’t look like a uniformed police officer, perhaps you shouldn’t answer the door? Law enforcement is supposed to announce themselves or, at least, at a minimum look the part easily identified by a name tag and department issued badge. However, we are witnessing a transformation from a typical police officer into either a militarized or “casual Friday” uniform standard.

Registrants all across North Carolina have contacted NCRSOL regarding officers approaching registrants doors at either 6 AM or as late at 11 PM improperly dressed or not easy to identify as police officers. NARSOL and other advocacy organizations are keenly aware of vigilante groups wearing open-carry weapons dressed in tactical pants and a polo shirt that has either harassed or roughed-up registrants. There are plenty of news stories about “pretend police” and how they prey on the most vulnerable. Citizens on the registry are statistically the most vulnerable population because home information is typically available on the internet. Perhaps if the police would halt unnecessary and possibly unlawful compliance checks, there may be a restoration towards civility, safety for all, and improved relations between the community and law enforcement.

Safety is what police across our state should be providing. That safety begins with an easily identifiable uniform with a distinctive badge, nametag, and official police patch. While uniform standards inevitably change over time, the standards and appearances shouldn’t confuse the general public. If officers are going to knock and bang on registrants’ doors for questionable compliance checks, at least look the part so that registrants or family members may answer the door safely.

The bottom line is that police should wear the police duty uniform and stop pretending to be military members skirting a fine line of “stolen valor” or trying to be a fashion trend of casual Fridays. If police are to remain proud to serve its community, then officers should be proud enough to represent the municipality for the uniform standard that represents the people of that community. Otherwise, police have suggested for decades, “don’t open the door to strangers.”  Perhaps now is the time to heed that advice.

The Federal Bureau of Investigation and other law enforcement divisions are warning Americans not to fall prey for phone calls, texts, emails, or websites that ask for personal information. Most citizens are trying to figure out if they have a direct deposit plan on file with the Internal Revenue Service, scammers are pretending to be the IRS to capture your information and wipe out your bank accounts. 

The IRS, police, or government does not call citizens. While it may be true that banks will make collection attempts or notify the account holder of potential fraudulent activities. In a majority of cases, if someone calls you to say you have an outstanding warrant or to verify your social security or other financial information by phone, it is more than likely a scammer. To stay safe, treat any caller as a potential scam artist. 

Scammers are claiming to be “detective sergeant with your county sheriffs department,” calling homes of people on the registry and their family members. It happens all the time. Sheriffs departments and the State Bureau of Investigation are well aware of this scheme. However, sheriffs departments in North Carolina NEVER call registrants for compliance issues. But when these counterfeiter-cops call you, hang up and call police immediately. 

Scammers are becoming very talented and selfish in their attempts to intimidate, frighten, and drain vulnerable people out of funds. A basic rule of thumb is never to give out banking or personal information by phone. There are safer ways to stop scammers from targeting you. 

1. Never say you live alone or give out or family information to a caller. Do not verify your home address with any caller.  
2. Never give out your banking information by phone. Instead, hang up and call the bank or creditor phone number listed on the back of your debit or credit card. 
3. Police do not call your home for an outstanding warrant. It is best to hang up on people claiming to be police. 
4. The IRS doesn’t call Americans. Contact the IRS if you gave your social security number to a caller or worried about potential identity theft. 
5. If someone is trying to scam you online, by calling, or other unwanted means, you may contact the Federal Trade Commission and file a complaint. 
6. Always call your bank fraud department if you have concerns about your account being targeted. 
7. Do not be embarrassed if you have been scammed. Millions of people are scammed each year. 

Those who file their tax returns electronically and provide the IRS with their bank information will likely get their payments earlier via direct deposit. Some 88% of individual returns were filed electronically in 2018. Only those with closed bank accounts may have a paper check rerouted after the banking error has been sorted. 

Paper checks are expected to take longer to mail out. Those that have moved addresses since their 2018 tax return, may have to wait a bit longer. 

The IRS specifies on its website that no sign-up is required, and there is no need to call. The agency will post additional information, when it’s available, at www.irs.gov/coronavirus.

The best way to stop scamming is to report it each and every time. Reporting scammers may be the difference between potentially recouping the money you lost versus being silent and never recovering a dime.  If we can patiently wait for a stimulus check, then that same patience can slow down the sudden emotion by stopping a scam tactic by hanging up and never starting the conversation. Just because a person knows your name doesn’t ever imply that they know anything about you. Just hang up!

As for these counterfeit-cops? Their felonious antics will finally catch up with them and become just another sad statistic of our prison system.

FARGO — The Fargo Police Department is allowing sex offenders to register by phone in an effort to prevent the spread of coronavirus, while other local law enforcement agencies continue the registration process with few changes.

Strategies for reducing COVID-19 exposure by revising the implementation of registration policies, housing banishment laws, and other restrictions impacting people with convictions

MARCH 28, 2020 – We join numerous criminal justice organizations that have issued policy recommendations to prevent the spread of COVID-19 by suspending or eliminating non-essential police and court functions, while ensuring that law enforcement resources are used wisely to keep communities safe.

This guidance focuses on policies affecting people listed on sex offense registries. More than 900,000 Americans are subject to registration and/or housing banishment laws. The nature of these rules and regulations and the enormous number of people who must comply with or enforce them, raise urgent concerns about public health and resource allocation in this extraordinary time.

During the registration process, people are typically required to fill out forms stating their address, employer, school, phone number, vehicle data, etc. and to return, in person, to report even trivial changes.  These cumbersome registration processes tie up sworn officers who could instead be investigating crime, attending to emergencies, and assisting people in crisis.

Housing banishment laws often prohibit people from residing in the vast majority of residential areas of a city or town. As a result, those with stable homes, or several housing options, frequently become homeless anyway. This false scarcity of housing also increases prison populations as people have no legally authorized home in which to serve their parole or probation.

Even before COVID-19, the unintended consequences of these policies were well documented. The current pandemic, however, adds urgency to revise current registry and banishment practices as many of them undermine the critical public health measures being implemented nationwide to contain its spread.

The following strategies would reduce COVID-19 exposure among law enforcement officials and those required to register, as well as their families at home, and the broader community:

1. Suspend in-person registration requirements. Registration requires frequent in-person visits to police stations or jails, where dozens of people commonly congregate in waiting rooms or bullpens, multiplying the risk of transmission of COVID-19. Following the lead of Oregon and other jurisdictions, this process should be modified.
2. Waive or suspend housing banishment laws and other housing restrictions. People experiencing homelessness need emergency housing in order to comply with stay-at-home orders or self-quarantine. But many people listed on “homeless registries” have places they could otherwise reside: housing restrictions alone caused their homelessness. Likewise, prisons have backlogs of people incarcerated past their release dates, or who would be released on parole or probation supervision, if so much housing were not barred. Suspending these restrictions will allow cities to house people more efficiently, conserve emergency beds, and give prison officials the flexibility to place people in homes they already have available. This will protect their populations from the heightened risk of contagion created by needless incarceration and homeless encampments when there are safe available homes for people on the registries.
3. Waive or suspend arrests and prosecutions for failure-to-comply offenses. “Failure to comply” charges are the result of a missed deadline to reregister or update registration. Akin to technical parole violations, these are often hyper-technicalities that stem from the difficulty of following so many onerous reporting requirements, and have no reported correlation to public safety. Despite this, they contribute to jail and prison churn, risking increased transmission of the virus.
4. Suspend fees for registration. Economists are projecting 14%-20% GDP contraction for this quarter and unemployment in double-digit rates. Many people have already lost their incomes as a result of the shutdowns. People with past convictions are far more likely to be poor, with reduced job prospects. Non-payment of these fees can result in failure-to-comply charges; during this crisis registration fees should be suspended.
5. Suspend in-person address verifications. Routine police visits to the addresses of people listed on registries, for the sole purpose of an address check, should be suspended. These visits are widespread, and number in the tens of thousands. At a time when even 911 calls are under stress, law enforcement should be able to redirect their resources as needed.
6. Suspend Internet access restrictions. Some people who are on probation or parole are forbidden from accessing wide swaths of the Internet, and some states have laws limiting Internet access for people listed on a conviction registry. During this crisis, access to the Internet has become even more critical: nearly everyone must rely on Internet access for work, news, homeschooling, services, and family connections. Individual safety, as well as public health compliance, requires timely online access to crucial information about social and health services, as well as access to medical services that are moving online.
7. “Step down” people in civil commitment. More than 6,000 people are locked post-sentence in prison-like state civil commitment facilities, that pose the same coronavirus dangers to staff and detainees as jails and prisons. States should speed up “step-down” procedures and move people into supervised community settings.

CONCLUSION

State conviction registries were intended to be a tool for law enforcement officials and were limited in scope. In the past quarter century, legislators expanded these public databases and added hundreds of additional reporting requirements and other restrictions, including housing and public space banishment laws, and long-term confinement in civil commitment. Research shows that at least 95% of those arrested for a sexual offense have never had a previous sex offense conviction, while most people currently required to register are unlikely to be re-arrested for a sexual offense.  Rather than improve public safety, these regulations:

• Systematically displace people from housing and employment,
• Weaken the resilience of families and communities coping with crime and mass incarceration,
• Divert critical resources away from crime survivors and proven prevention strategies and expand them on regulating the few people who have already been held accountable and punished.

In contrast, public safety and crime reduction principles emphasize a public health approach to prevention, involving, among other things, primary prevention, focusing on the warning signs inside familial and social circles, and building early and comprehensive support and intervention for people, families, and communities most impacted by violence.

We urge policymakers to suspend rules and policies that are not essential to public safety or that contribute to the spread of COVID-19. These strategies allow law enforcement, on the frontlines of this catastrophe, to dedicate more of their limited resources toward crisis intervention and emergency assistance

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Those with registry requirements who have recently been released from incarceration will still be processed and registered, according to media reporting.

Current registrants in Texas that have been previously processed and actively on the sex offender registry are instructed to call and make an appointment to come back at a later date.

Other police agencies throughout the country are suspending sex offender registrations and in-person requirements as a precaution due to the COVID virus pandemic. Police agencies in South Carolina, Nevada, Arkansas, and Florida have taken steps to not only protect officers but the registry community. Some of these states are using Skype, Zoom, and other mobile based video conferencing to check on the registry population as an alternative.

All of the police departments have taken the advice and guidance from the Centers for Disease Control and Prevention to reduce low priority contact with the general public.

NCRSOL has reached out on multiple occasions to the various state and local leaders as well as medial outlets to suspend mandatory sex offender in-person registration temporarily. We have not had replies.

Today, a sex offender advocacy group in California has filed a civil lawsuit to stop police from requiring sex offender in-person or home checks because of the pandemic. Perhaps North Carolinians affected by the sex offender registry should consider filing a lawsuit to temporarily suspend in-person sex offender requirements?