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Medford Open Carrier Arrested - Speed Trap Warning

We-the-People

Regular Member
Joined
Aug 13, 2009
Messages
2,221
Location
White City, Oregon, USA
Just because you have an appearance scheduled for 18 September doesn't mean the prosecution won't motion for the case to be dropped on the 14th. I had an arrest and was fully scheduled for a pre-trial appearance on 05 July and then was to be "be prepared for a 1-week trial" beginning the next Monday.
The state solicitor 'nolle prossed' the case on 29 June.

This is what I was thinking. I was there today and the "arraignment" was a joke. Now that he has to pay for a lawyer, I would expect that discovery will cause some questions to arise as to the veracity of the charge.
 

FireFighterchen

Activist Member
Joined
Aug 10, 2011
Messages
30
Location
Pasco, WA
Just out of curiosity, does anyone know what exactly he was protesting against? I mean, was it because the van was so close to his house, or does he just hate photo radar? Either way it seems sort of silly.

Yes because when you set up a trap for police it's a ****** bag moronic thing to do....but when the police set up for citizens it's just silly to question them....sigh....saddening.
 

Ironbar

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Jul 6, 2009
Messages
385
Location
Tigard, Oregon, USA
Yes because when you set up a trap for police it's a ****** bag moronic thing to do....but when the police set up for citizens it's just silly to question them....sigh....saddening.

So by that logic, there should be no speed limits on streets, and the police should do nothing to enforce speed limits?
 

FireFighterchen

Activist Member
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Aug 10, 2011
Messages
30
Location
Pasco, WA
So by that logic, there should be no speed limits on streets, and the police should do nothing to enforce speed limits?

Wow that came out of left field...I did not say there should be no speed limit nor did I say there should be no speed trap. I compared the difference between a trap set by a citizen and a trap set by a public official, and the response from society. Do you understand the difference? Patrolling has been proven to be a better deterrent for speeding, not speed traps anyways. It's ok though, I get it, you stick your head in the ground and polish badges, I don't, we will never see eye to eye. Good day.
 

Jeff. State

Banned
Joined
Aug 29, 2012
Messages
650
Location
usa
I applaud Mr. West on his action. I moved to the Medford area about a year ago, and am sickened by the "Revenue brigade" that roams jackson county. Between the camera vans and the parking violation "volunteers" the city and county must be in need of more $$$$, and will collect it by any means they can.

Kudo's also David on your interaction with John Bolton and "One Man's Terrorist". You are a great example for young Americans to look to.
 

We-the-People

Regular Member
Joined
Aug 13, 2009
Messages
2,221
Location
White City, Oregon, USA
Bump for an update.

I thought I had posted an update. The pre-trial jury conference was postponed until 2 October and I understand that David has obtained his video and it supports his version of the story. That's not from David but a third party so I can't vouch for accuracy though I have no reason to doubt it.
 

We-the-People

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Aug 13, 2009
Messages
2,221
Location
White City, Oregon, USA
It was postponed again but other than that I haven't heard anything. On the other hand, I've been busy dealing with some legal (civil) issues and midterms. I'll try to make some active inquiries.
 

skidmark

Campaign Veteran
Joined
Jan 15, 2007
Messages
10,444
Location
Valhalla
Just remember that the camera contains exculpatory evidence and the cops/prosecutor have a duty to preserve and present that in court, as well as provide you/your attorney with the evidence.

"Blocking" traffic for a few seconds? Did you wave your arms to stop traffic from getting past? [/sarcasm]

It seems you are another person who committed the grevious crime of "offense of cop".

Question - do you have a receipt for the items they are holding as "evidence"? If not, why not?

Final question - why is your sign not being held as evidence?

Please do keep us updated, and let us know if there is anything we can do from out here in the peanut gallery.

stay safe.
 

Jeff. State

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Aug 29, 2012
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650
Location
usa
David, have you or your Atty. filed a motion to dismiss? This is getting ridiculous:banghead:. Any luck on getting the video from the incident, or are you waiting until after this gets resolved to "share".

Good luck to you!
 

We-the-People

Regular Member
Joined
Aug 13, 2009
Messages
2,221
Location
White City, Oregon, USA
Isn't that a violation of ORS 147.430 Right to a speedy trial?

Ummmmmm haen't you heard? That's just sort of a suggestion any more. If you're not confined, and it's not federal, the whole speedy trial thing becomes a joke.

It's kind of like the fourth amendment and how it's been erroded. Now days if there's a warrant, but it's a crappy, worthless, signed by a judge who hates you and wants to "go fishing" in your house, warrant.....but the police serving it are acting in good faith based upon the warrant.....well good luck getting that evidence excluded. Stare decisis goes like this "the exclusionary rule is intended to prevent the police from acting improperly, if they are acting in good faith upon a warrant they have no reason to believe is invalid, then the fruits of the search are allowable". Now how the heck THAT flies I have no idea but that's straight from the law professor (former prosecutor who is fairly pro civil rights these days).

To Jeff.State.....My understanding is that David has obtained the video.
 

We-the-People

Regular Member
Joined
Aug 13, 2009
Messages
2,221
Location
White City, Oregon, USA
So I attended the "hearing" this morning. In quotes because the hearing that was supposed to take place did not. The city attorney decided not to supoenae one of the witnesses that he had previously (for earlier scheduled appearances) and the defense was only notified on Monday. Being unable to get the witness supoenaed due to the short notification, the hearing was AGAIN postponed. However, that was only after the city's attorney tried to argue that his presence was not necessary in order to address the issues before the court in the hearing....he lost his argument.

All in all, I wasn't impressed with the capability of the city attorney.

I'll also note that the court is not a court of record.
 

Jeff. State

Banned
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Aug 29, 2012
Messages
650
Location
usa
Thanks for the update.


Pretty sad that the City of Medford continues to waste Mr. Wests time/money and OUR money dragging this out.

They just seem unable to admit, THEY HAVE NO CASE.
 

We-the-People

Regular Member
Joined
Aug 13, 2009
Messages
2,221
Location
White City, Oregon, USA
The best kind!

Very few municipal courts in Oregon are. I think there are 6 or 8 in the whole state, the other hundred something plus are ... more interesting.

Interesting or not, they are also either a) a waste of time and money as an appeal results in an entirely new trial.....OR.....b) a great way to get a "freebie" shot at trying out your case.

Conviction in a court that is not a court of record, when appealed, results in a "trial de novo" which means an entire new trial. A waste.
 

Gunhobbit

Regular Member
Joined
Jun 14, 2012
Messages
35
Location
Out by Pendleton
Interesting or not, they are also either a) a waste of time and money as an appeal results in an entirely new trial.....OR.....b) a great way to get a "freebie" shot at trying out your case.

Conviction in a court that is not a court of record, when appealed, results in a "trial de novo" which means an entire new trial. A waste.

It's the "freebie" shot at trying your case that's the fun part - where else in the legal system can you force the prosecution to show your his entire case and then tailor your trip to the higher court accordingly?

Of course, if you're pro-prosecution, then I understand the different viewpoint. :D
 
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