YOUR LIFE ON THE LIST: CHAPTER 6
DEALING WITH VISITS FROM POLICE AND CPS
Derek W. Logue of OnceFallen.com
UPDATED: 8 Nov. 2025

(NOTE: This is the same information as contained in my book “Your Life on The List” 2025 Edition; a link to the book found on the front page of my site.)

I have experienced a few address checks by local law enforcement officers since my release. Sometimes, a process server (the guy who also gives out jury duty and court summons notices) would stop by my apartment and require me to sign a copy of my registry flier as proof I was at my residence. I did not like this humiliating act but the local agent tried to be as inconspicuous as possible.
In 2013, at 7pm in the evening, as I’m settling into eat dinner, a US Marshal pounded on my door demanding to see my bedroom to verify my address. I refused, and he could only leave in disgust. I tried to sue them on the argument the US Marshals do not actually have the authority to conduct compliance checks, but the court determined since I upheld my right to refuse entry, they would not scrutinize the practice any further.

You can see an example of this tactic in the YouTube video, “Registered Sex Offender Compliance Checks”, posted by the Wayne Co. IN Sheriff’s Office on 23 May 2013 at the 1:04 mark (see https://youtu.be/0I2yNLeguM8?si=AD0B5f1JgsEHgq9O&t=64), where deputies in tactical vests compel a Registrant to allow them a warrantless entry to see the Registrant’s bedroom.

DEALING WITH “UNCLE LEO”

Nearly every Registrant will endure a compliance check at some point in their lives, even if you aren’t on supervision. Based on a 2016 survey of 195 RPs conducted by OnceFallen.com, over half of respondents had experienced a compliance check within three months prior to taking the survey, with just over a fourth were subject to a compliance check within a month prior to taking the survey. Nearly three out of five respondents have endured multiple compliance checks within the past year, and three out of five respondents have endured at least 10 compliance checks during their registration period. Only a fourth was on supervision/parole/probation. If the agent at your door is a federal agent (like a US Marshal), you are more likely to encounter rude and threatening behavior. If you are curious to read the full report, it can be found at:

https://oncefallen.com/police-compliance-check-survey-2016/

If you are “On Paper,” you CANNOT refuse warrantless searches. If you are NOT on probation/parole, you have the same rights as any other citizen and thus maintain your right to refuse them entry. (Telling them “come back with a warrant is satisfying; of course, it also meant a trip to the registry office to show a postmarked letter as verification.) Below are a few tips posted on a forum that you should keep in mind if the Police comes to YOUR door:

  • Don’t answer the door: Some have suggested not even answering the door in the first place if you are not “On Paper.” This may be the best way of avoiding potential problems with LEOs.
  • DO NOT sign anything, ever, at your door! No matter how “innocent” it seems. Politely refuse, unless you can speak to your lawyer first. (NOTE: If you do not have an attorney, be sure to read anything you sign if you feel compelled to do so. Standing up to a cop is scary, indeed, but they know you have to give up your rights willingly in order for them to proceed)
  • DO NOT answer any questions beyond confirming your identity, and required registration info. Anything else could be used (or twisted) to incriminate you.
  • DO invoke the 5th amendment if necessary. But be prepared to be peppered with more questions (What are you hiding? Eh?), and reply only that you want your lawyer present first. Due to the controversial 5-4 SCOTUS opinion in Salinas v. Texas, 570 US 178 (2013), you must verbally state you are invoking your 5th amendment rights; simply sitting silent can imply guilt.
  • DO NOT let anyone into your home without a warrant, unless you are still “On Paper” (i.e., probation/parole) and it is required. “Uncle LEO” has no right whatsoever to enter a person’s home without a warrant, UNLESS you give them permission to enter. Don’t fall for the old “can we come inside to confirm you live there” trick. Once inside they are looking for any reason to lock you up. Depending on the state, having toys or other items they consider “paraphernalia” may subject you to arrest or investigation.
  • DO NOT leave your home while LE is still at your door. You have strong protections in your home, but practically none once you are out on the street.
  • Get a recording device: Thanks to modern technology, there are many audio/video recording devices you can use to record your interactions with law enforcement, including cell phones, “GoPro” helmet cameras, home surveillance cameras, doorbell cams, dash cams, and pocket-sized box cameras. However, some states (CA, CT, FL, IL, MA, MD, MI, MT, NH, NV, PA, and WA) require the consent of both parties, so it may be illegal to record the police without their consent prior to recording, according to a 2012 guide by The Reporters Committee for Freedom of the Press (found at https://www.rcfp.org/wp-content/uploads/imported/RECORDING.pdf)
    The US Marshals were only granted jurisdiction in “investigating and apprehending” Failure To Register (FTR) violations. The US Marshals technically DO NOT have the authority to handle compliance checks. They simply tag along with local authorities, who are the main individuals in charge. The USMS are able to get involved by exploiting a legal loophole in the law.

IDENTIFYING YOURSELF

Some states require special identifying marks on state-issued identification (i.e., Driver’s License or non-driver’s identification card), and some marks are more conspicuous than others. (See the state legal summaries in Appendix 3 for the most accurate information.) Situations where you still might be required to show ID include buying alcohol or cigarettes; opening a bank account; filling out applications for employment, welfare, housing, and even for many services including both online and offline services; boarding an airplane; renting a car or a hotel room; buying a cell phone; visiting a casino or bar; picking up a prescription; donating blood or plasma; buying a video game rated “M” or movie rated “R” from a retail store, and being pulled over while operating a motor vehicle. States that prominently display a mark of infamy will lead to problems in another state. For example, I was placed “do not donate” registry for selling plasma in Ohio because I had not yet obtained an Ohio ID Card; in 2011, Alabama was still marking their state IDs with words “Criminal Sex Offender” prominently displayed in scarlet letters on the front of the card.

At least five states – AL, AZ, IN, LA, and TN – have laws that specifically require RPs to carry a state ID card that must be presented when stopped by a law enforcement agent. In addition, many states have “stop and identify laws,” that authorize police to lawfully order people whom they reasonably suspect of a crime to state their name (and may also include address and explanation of actions); although only four states (AZ, IN, LA, and NV) explicitly impose an obligation to provide identifying information in their state statutes, you could be charged with “obstruction” to fail to identify yourself. In four states (AR, FL, GA and RI), failure to identify oneself is one factor to be considered in a decision to arrest. In all but RI, the consideration arises in the context of loitering or prowling. Seven states (AZ, FL, IN, LA, NM, OH, and VT) explicitly impose a criminal penalty for noncompliance with the obligation to present your identity to a law enforcement officer.

It is important to understand the laws of each state and to understand your rights. In 2016, I engaged in a peaceful protest against the victim advocacy group Parents For Megan’s Law (PFML), headquartered on Long Island, NY. The Suffolk County PD approached me to ask for my identity. Under NY’s CPL §140.50, one can only be required to tell a police officer a name, address, and explanation of conduct when there is a reasonable suspicion that a crime has been or will be committed. When asked, they said I was not under suspicion of a crime, so I refused to engage with them any further. But if you are in doubt about your righys, conduct an online search for “stop and identify laws” in your state, and familiarize yourself with the circumstances by which you can be detained and compelled to show ID.

Your state’s chapter of the American Civil Liberties Union (ACLU) should have information on your rights when approached by the police. Requesting this information is a simple task that may make you better-informed in a future confrontation with the police.

DEALING WITH CHILD PROTECTIVE SERVICES (CPS)

If you are dating someone with children, you have kids of your own and have a vindictive neighbor, or someone from your past who has a kid finds out you are on the registry and wants you investigated, a CPS agent may show up unannounced at your doorstep someday.

A CPS agent is a government agent (i.e, an “officer of the court”), which means they have investigation and decision-making powers but are limited by the Constitution just like a cop. CPS does have the obligation to investigate all complaints of child abuse and neglect no matter how frivolous, and they can make your life miserable. However, they don’t have full police capabilities. CPS agents aren’t cops, and have no direct power of arrest; they must call a cop to have you arrested or a court order to have your children removed. Regardless, being subjected to a CPS investigation is stressful and they can have your children removed from your house or even get you arrested under the right circumstances. Since they aren’t traditional LEOs, they have less investigative training and more prone to mistakes or allowing personal biases to influence their personal actions.

Dealing with a CPS agent is similar to dealing with a police officer at your door, so remember these important tips:

  • DO NOT LET THEM IN THE HOUSE WITHOUT A WARRANT: Even if a police officer is present, they can only enter your home if you consent, if they have a warrant OR if they hear an emergency situation going on (“exigent circumstances”). Do NOT consent to let them into your home even if you feel you have nothing to hide. And even if you do consent, you can force them to leave at any time. No Court Order, no entry, simple as that.
  • ASK QUESTIONS (AND RECORD THE ANSWERS): It is suggested you buy a recording device and let them know they are being recorded if your state allows recording of government agents. (As noted above, some states require the consent of both parties involved in the conversation.) Under federal law, CPS agents are obligated to tell you the exact nature of the allegations against you. Ask questions like – “Can I see your ID? What is the name and phone number of your supervisor? What are the exact allegations that have been made against me? Do you have a warrant to search my home or speak to my children?” Document everything about your interactions with these agents.
  • BE POLITE BUT DON’T ANSWER QUESTIONS WITHOUT REPRESENTATION: Your words can easily be twisted around. Don’t speak to them without a lawyer or representative. Say nothing to them. The word NO is a complete answer. The more you speak, the more evidence you give them. But be polite in rejecting them, as anger can be used against you. If you are poor, you can get help from a legal aid service.

YOUR PRIVACY RIGHTS WHEN LIVING WITH OTHERS

If you live with family or a roommate, your privacy rights are different and you must be aware of the differences. Others living in the same residence can give police the authority to search the house if you are not at home to refuse. In these cases, the police should only be allowed to search areas that can be accessed by the person granting permission (i.e., common areas like a living room or bathroom). If this live-in person is sharing your bedroom, the bedroom can be searched with permission. Thus, there are a couple of extra steps you should take to uphold your privacy rights while living with others:

  • Make an agreement with others: Sit down with those living with you to deny all police entry without a warrant. You can buy a sign, doormat, or print a poster to place beside the door that says “Come Back with a Warrant” and the roommate can just point to that if they’re afraid of saying the wrong thing.
  • Keep private areas locked: If you are not sharing a bedroom with the person living with you, lock that door when not in use. If you are sharing a bedroom, then store items you do not want searched in a storage unit (like a lock box) that cannot be opened by anyone but you.

OTHER USEFUL RESOURCES

Resources change frequently, especially as it relates to Internet-related issues. These resources were online as of November 2019 (Note: this ection is not in my book, Your Life on The list. They are additional articles for further reading):