My point is fella's that the sex offender is still under the jurisdiction of the court just like a Parolee or Probationer. If you doubt it, watch what happens when they violate a term of release, such as registering or going within 300 feet of a school etc. Generally these limitations are for life and are part and parcell of the sentencing phase.
All this does is lower the requirement from "probable cause" to "reasonable suspicion"....If a child goes missing the police will not have the reason, manpower, resources or time to check every single sex offenders dwelling. Trust me, I live in a moderate sized city and have at least a dozen sex offenders within 6 miles of my house.
What would happen is a child goes missing.
A list of child molesters would be compiled within a certain distance of the missing child.
Those on that list would be searched.
There would be no reason to shake down a guy convicted for mooning someone in college....it wouldn't make sense, it wouldn't be practical and it wouldn't hold up in court since you could not make a legal argument for reasonable suspicion.
Child Molesters and pedophiles are a very unique breed of sex offender. First of all, they recidivate WAY WAY WAY more often than any other criminal out there, they simply cannot control themselves and an effective psychological treatment has not yet been devised. ------I recommend you read Maladaptive Behavior
Secondly, they follow a predictable pattern or M.O.
Third, they usually operate locally, they don't go five cities out of the way to abduct a child.
Fourth, it is a progressive crime, by the time you've gotten a child molester for actual abduction, they will more often than not also have a vast library of child porn, have possibly fondled a couple of children, have some video tapes of kids at play, etc. THIS IS NOT YOUR NORMAL CRIMINAL. A child molester or pedophile LIVES for what he does. A car thief, bank robber, etc. generally do not. Even rapists may be opportunistic criminals but child molesters and pedophiles are not. They will make molesting children the CORE OF THEIR EXISTANCE and will do everything within their power to be around children.
Doczin....as for creating a 2nd class of citizens, we didn't make them commit a crime and once it is so, you have placed yourself at the mercy of a sovereign authority, an authority which has the right to limit your freedoms and even kill you if you commit such an act as to warrant this type of punishment. Make no mistake, the state has the right to do so and it is very, very Constitutional.
As for this extending to minor infractions, this is an illogical argument, after all, the government is still of the people, when something happens that we as a people despise, it goes away, look at the high-capacity magazine bans. Look at some of the assault weapon bans....gone. In fact I believe Roe v. Wade is in the last throes of death itself. Things change and our government WILL reflect the ideals of society at large, even if slowly, even if you or I disagree. We are in a democracy and the majority will rule.
If you guys are torn up about infringement upon the lives of private citizens then how do you support a military draft? The man drafted (they don't draft women) has to REGISTER with the selective service at age 18 so that if needed the government may pull you from your high paying job, your family, everything you have and are and subject you to being a member of the military, they will change you, arm you and ship you to someplace you've never heard of to fight and die for people you don't know. But it is Constitutional.....
Constitutional does not equal fair and fair does not equal Constitutional...so get that out of your heads. It is a matter of law, and the law, case law and the courts will likely support this bill if passed simply because it is a continuation of something that has been going on since the advent of BAIL within our system. The court's extension of jurisdiction over someone deemed to be the ward of the state.
Last argument, if the law is passed, it will likely (definitely more like) be given what is known as legal limitations and remedies. Kind of like a recipe for enacting such searches that must be followed just like anything else in police procedure. It will not be carte blanc and if sentencing is passed, the court requiring the offender to register, the judge didn't "forget" about the requirement of law, therefore forcing the same judge to issue a warrant after acknowledging a sex offender as a ward of the court is an act in redundancy and not a Constitutional protection.
Fine'