I don't believe so. I would assume that in this case federal law overrules. While my husband has no restrictions whatsoever besides registration, we have to act accordingly to where we live as far as decorating. It's stupid, but there it is.

And I'm talking I can't even decorate for Christmas, or have a tree visible from the street stupid. But because it's a law in THIS county, we have to abide by it. I do wish they'd divulged that when I called to check the restrictions when I moved counties, but whatever.

Any PO has to stay within the bounds of the court order. While they can impose/define conditions like visitation, internet use, phone use, therapy, etc. only if it's in the boundaries of the court order.

PO's must stay within the bounds of a judges order. It's their job to see that the judges orders are being followed. (You aren't giving enough information for us to give you a better answer.)

I highly recommend that you consult a lawyer first! A judge cannot be sued but I believe a PO can be sued but you MUST consult a lawyer. The last person you want to piss of is your PO!

Probably not, POs have pretty strong discretion

Neither LE or PO's can take the law into their own hands. Only a judge can do that.

There was a case this year in Alabama where a sheriff abused regular home compliance checks. (Checking more often than the law requires and performing excessive home searches.)

He was sued and lost.

Example of 8 RSO's suing Alabama LE in federal court....

"Eight John Doe plaintiffs sued General Luther Strange III and Secretary of the Alabama Law Enforcement Agency John Richardson in Federal Court. The Aug. 20 complaint seeks court relief to prevent application of the Alabama Sex Offender Registration and Community Notification Act, or ASORCNA, claiming the law is unconstitutional."

http://tinyurl.com/nj98eqe

"ACLU, sheriff’s office settle lawsuit on sex offender residence checks"

The American Civil Liberties Union and Etowah County Sheriff Todd Entrekin have reached a settlement in a lawsuit over the sheriff department’s policy of unannounced residence checks of sex offenders.

http://tinyurl.com/qdkanqj

CJPendragon said

And I'm talking I can't even decorate for Christmas, or have a tree visible from the street stupid. But because it's a law in THIS county, we have to abide by it. I do wish they'd divulged that when I called to check the restrictions when I moved counties, but whatever.


Are you serious, can not decorate for Christmas? What state is this? How can a county make a law that is not state, has anyone ever attempted to challenged this? So now Christmas is off limits because a sex offender might slip down the chimney, lol this is insane.

Regards
buildingupslow

You can sue for almost anything, but this would probably get thrown out. YOU are ALLOWED to decorate as much as you'd like, you can also have registered firearms if you want. But your husband CAN NOT live their if you choose to do these things. If your husband knowingly disregards his PO's instructions, he can be violated.

I agree with building - even in FLDuh they do not restrict Christmas - they are getting into muddy water there ... it is a religious freedom question ... someone should challenge that one big time!

DealRMe is right, PO's generally have a ton of discretion in making sure their probationers/parolees are not going to reoffend again. Courts give them a wide latitude, for example my own probation order offered conditions from the court (I had a good lawyer so I got some pretty good stipulations) but the last stipulation basically said whatever the PO deems necessary they can void. PO's have wide latitude so I would be careful about this.

If this is really a big deal for you, like a deal breaker, maybe you talk to the local ACLU. But I have to tell you, this type of hypothetical lawsuit could get your hypothetical husband into a lot of hot water wit his hypothetical PO. PO's can be vindictive, look at how Nak's son is treated because Nak is paying for a lawyer to make sure he gets the best treatment possible while on probation.

In these types of situations unless you are talking a major violation of your constitutional rights, you go along to get along. There is such a power imbalance between your husband and the PO-- its not worth it. Even if you win, your husband may ultimately lose and get violated for something dumb because the PO has an ego.

Go along to get along in my opinion.

Thanks to everyone who responded. It was very interesting how folks have very different points of view. My true opinion is that you have to pick your battles on what things you are willing to push back on. From my research, the probation office is executive, not judicial so they cannot make a restriction that is not backed by the court. I have heard "this is our policy" a number of times. At this time, nothing that crosses the line. But I also know that there could be a line if crossed I would be calling my lawyer.

I do have to confess that the pleysmagraph crossed the line and was ready to go to court for that one when they backed off and told us it was optional.

My Opinion? Pick your battles. Your husband could (Hypothetically) end up decorating a jail cell.

Again the court gives a very wide latitude to probation, they have to step way out of bounds in order for a judge to say that something is not reasonably related to a probationary goal.