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Thread: Official misconduct. RCW 9A.80.010. Lets start making the prosecutors do their job.

  1. #1
    Regular Member Freedom1Man's Avatar
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    Official misconduct. RCW 9A.80.010. Lets start making the prosecutors do their job.

    RCW 9A.80.010
    Official misconduct.


    (1) A public servant is guilty of official misconduct if, with intent to obtain a benefit or to deprive another person of a lawful right or privilege:

    (a) He or she intentionally commits an unauthorized act under color of law; or

    (b) He or she intentionally refrains from performing a duty imposed upon him or her by law.

    (2) Official misconduct is a gross misdemeanor.

    This is an interesting part that would seem to apply when an officer stops ANY of us simply for our act of open carry.


    Then there is a felony the the officers commit when they start arresting us for standing up for our rights and the law.
    RCW 9A.40.010
    Definitions.
    (6) "Restrain" means to restrict a person's movements without consent and without legal authority in a manner which interferes substantially with his or her liberty. Restraint is "without consent" if it is accomplished by (a) physical force, intimidation, or deception, or (b) any means including acquiescence of the victim, if he or she is a child less than sixteen years old or an incompetent person and if the parent, guardian, or other person or institution having lawful control or custody of him or her has not acquiesced.
    RCW 9A.40.040
    Unlawful imprisonment.


    (1) A person is guilty of unlawful imprisonment if he or she knowingly restrains another person.

    (2) Unlawful imprisonment is a class C felony.

    I would have to say that each time one of us gets arrested for OPEN CARRY in this state that the officers are guilty of the above listed crimes. Plain and simple.
    Not even officers have the authority to make false arrests. A false arrest equals unlawful imprisonment. Plus official misconduct.

    I am wanting logical/legal discussion here. I don't want this, "officers can do what they want," garbage.
    This is a serious thing. I believe it's one peaceful path we can take to have our rights respected.
    Last edited by Freedom1Man; 08-16-2012 at 01:06 PM.
    Provision for free medical attendance and nursing, for clothing, for food, for housing, for the education of children, and a hundred other matters, might with equal propriety be proposed as tending to relieve the employee of mental strain and worry. --- These matters obviously lie outside the orbit of congressional power. (Railroad Retirement Board v Alton Railroad)

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    Regular Member Vitaeus's Avatar
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    no cites to hand, but one will likely be along shortly..

    Qualified immunity covers the officer from most of the repercussions in relation to the above cited RCWs

  3. #3
    Regular Member Freedom1Man's Avatar
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    Quote Originally Posted by Vitaeus View Post
    no cites to hand, but one will likely be along shortly..

    Qualified immunity covers the officer from most of the repercussions in relation to the above cited RCWs
    Where is that found in the law? Or is it just one judge proving he/she is a liar and then other judges backing up the lies told? (case law)

    The first one seems to really deny officers any sort of protection.
    Provision for free medical attendance and nursing, for clothing, for food, for housing, for the education of children, and a hundred other matters, might with equal propriety be proposed as tending to relieve the employee of mental strain and worry. --- These matters obviously lie outside the orbit of congressional power. (Railroad Retirement Board v Alton Railroad)

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    Do a search on this board or under my user name: "private prosecution".

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    Regular Member Difdi's Avatar
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    Quote Originally Posted by Vitaeus View Post
    no cites to hand, but one will likely be along shortly..

    Qualified immunity covers the officer from most of the repercussions in relation to the above cited RCWs
    Almost everyone who is capable of violating that RCW has some sort of immunity (qualified, absolute, sovereign, whatever). If only those with immunity can violate a law, and the immunity makes them immune to prosecution, then the law has been effectively abolished.

    Qualified immunity is a protection against being sued in civil court. It is not a shield against criminal charges.

    But even if qualified immunity does shield them from state law, can it shield them from federal? The U.S. Code also has a statute along similar lines. Title 18, Chapter 13, Section 242 states:

    Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.
    Then there is section 241 of the same title and chapter, which is conspiracy against rights:

    If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same; or
    If two or more persons go in disguise on the highway, or on the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right or privilege so secured—
    They shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, they shall be fined under this title or imprisoned for any term of years or for life, or both, or may be sentenced to death.
    Last edited by Difdi; 08-16-2012 at 08:09 PM.

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    Regular Member sudden valley gunner's Avatar
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    Quote Originally Posted by deanf View Post
    Do a search on this board or under my user name: "private prosecution".
    +1

    Quote Originally Posted by Vitaeus View Post
    no cites to hand, but one will likely be along shortly..

    Qualified immunity covers the officer from most of the repercussions in relation to the above cited RCWs
    Qualified immunity does not cover well established law.

    I will have to find the local cites, but the Federal is St. John v Alamogordo
    I am not anti Cop I am just pro Citizen.

    U.S. v. Minker, 350 US 179, at page 187
    "Because of what appears to be a lawful command on the surface, many citizens, because
    of their respect for what only appears to be a law, are cunningly coerced into waiving their
    rights, due to ignorance." (Paraphrased)

  7. #7
    Regular Member sudden valley gunner's Avatar
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    Quote Originally Posted by Freedom1Man View Post
    This is an interesting part that would seem to apply when an officer stops ANY of us simply for our act of open carry.


    Then there is a felony the the officers commit when they start arresting us for standing up for our rights and the law.





    I would have to say that each time one of us gets arrested for OPEN CARRY in this state that the officers are guilty of the above listed crimes. Plain and simple.
    Not even officers have the authority to make false arrests. A false arrest equals unlawful imprisonment. Plus official misconduct.

    I am wanting logical/legal discussion here. I don't want this, "officers can do what they want," garbage.
    This is a serious thing. I believe it's one peaceful path we can take to have our rights respected.
    Agreed, but good luck in getting a prosecutor to do it, see Dean's post, also I have a recording somewhere of City of Bellingham prosecutor stating he doesn't see himself ever prosecuting cops. This is the general attitude they get fed by the police they want to keep that side of the bread well buttered. NOw think about how many judges are ex prosecutors!?
    I am not anti Cop I am just pro Citizen.

    U.S. v. Minker, 350 US 179, at page 187
    "Because of what appears to be a lawful command on the surface, many citizens, because
    of their respect for what only appears to be a law, are cunningly coerced into waiving their
    rights, due to ignorance." (Paraphrased)

  8. #8
    Regular Member Freedom1Man's Avatar
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    Quote Originally Posted by sudden valley gunner View Post
    Agreed, but good luck in getting a prosecutor to do it, see Dean's post, also I have a recording somewhere of City of Bellingham prosecutor stating he doesn't see himself ever prosecuting cops. This is the general attitude they get fed by the police they want to keep that side of the bread well buttered. NOw think about how many judges are ex prosecutors!?
    Despite the fact I have really blood thirsty ideas I would rather conduct business the most peaceful way possible.

    While I am aware that is the attitude of prosecutors, I don't see that it would hurt us to file complaints with the prosecutor's office.
    I am thinking about doing so and bring it to the attention of the media.

    I would like to know what harm it could cause our movement?
    SVG you normally have some rather insightful input on topics. Could you spare some more?

    We should be more pro-active. I know SlapMonkey does a good job on FOIA stuff. Maybe he could teach us how to do better at that. What forms to fill out etc.

    While a load of complaints coming through the prosecutor's office would increase their work load maybe a copy of each complaint being sent to the local new stations would not be so bad.

    I know that when I run for office I will use the fact that my opponent condones criminal activity in my campaign. Sheriff's office would be my first choice.
    Provision for free medical attendance and nursing, for clothing, for food, for housing, for the education of children, and a hundred other matters, might with equal propriety be proposed as tending to relieve the employee of mental strain and worry. --- These matters obviously lie outside the orbit of congressional power. (Railroad Retirement Board v Alton Railroad)

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    Maybe he could teach us how to do better at that. What forms to fill out etc.
    Were I to do this (I don't have the time or standing) I would put it in the form of a criminal complaint, including stating the facts that constitute the offense, and a statement of probable cause.

    If I were a prosecutor, that's about all I would give any credibility to.

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    Campaign Veteran MSG Laigaie's Avatar
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    What happens to immunity when the LEO is well aware that the OCer is not breaking a law, but stops and harasses any way? Let's say to the point of "Am I being detained? and Yes you are." Detained, weapon out, no law broken( by OCer ). Is the LEO immune? Inquiring minds want to know.
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    Regular Member Difdi's Avatar
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    Quote Originally Posted by MSG Laigaie View Post
    What happens to immunity when the LEO is well aware that the OCer is not breaking a law, but stops and harasses any way? Let's say to the point of "Am I being detained? and Yes you are." Detained, weapon out, no law broken( by OCer ). Is the LEO immune? Inquiring minds want to know.
    The law says they are not. But since you'd need (in practice if not in theory) the cooperation of other police officers, prosecutors, judges and jurors (who have likely been instructed that you have no case, even if that's not true) to have the matter go anywhere, odds are it won't. Private prosecution gets very expensive very easily, and all it takes for it to go nowhere at all is for the judge to improperly instruct a single juror.

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    Regular Member 1245A Defender's Avatar
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    Just read...

    Quote Originally Posted by MSG Laigaie View Post
    What happens to immunity when the LEO is well aware that the OCer is not breaking a law, but stops and harasses any way? Let's say to the point of "Am I being detained? and Yes you are." Detained, weapon out, no law broken( by OCer ). Is the LEO immune? Inquiring minds want to know.

    thi quetion has been answered...

    Quote Originally Posted by sudden valley gunner View Post
    +1



    Qualified immunity does not cover well established law.

    I will have to find the local cites, but the Federal is St. John v Alamogordo
    Study this case,,, 20 minutes,,, 20000$
    42USC1983,,, no immunity!
    EMNofSeattle wrote: Your idea of freedom terrifies me. So you are actually right. I am perfectly happy with what you call tyranny.....

    “If ever a time should come, when vain and aspiring men shall possess the highest seats in Government, our country will stand in need of its experienced patriots to prevent its ruin.”

    Stand up for your Rights,, They have no authority on their own...

    All power is inherent in the people,
    it is their right and duty to be at all times ARMED!

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    Opt-Out Members BigDave's Avatar
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    Quote Originally Posted by MSG Laigaie View Post
    What happens to immunity when the LEO is well aware that the OCer is not breaking a law, but stops and harasses any way? Let's say to the point of "Am I being detained? and Yes you are." Detained, weapon out, no law broken( by OCer ). Is the LEO immune? Inquiring minds want to know.
    SVG cited it correctly on the New Mexico case where the Federal Judge cleared the way for the open carrier to sue and well he won.
    This was based on the Judges ruling as it was the officer job to know and did not follow the law.

    Here is an article on it http://reason.com/blog/2009/09/16/co...ainst-police-i
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    Regular Member Vitaeus's Avatar
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    Quote Originally Posted by Vitaeus View Post
    no cites to hand, but one will likely be along shortly..

    Qualified immunity covers the officer from most of the repercussions in relation to the above cited RCWs
    retracted, still not sure how useful those statutes are since the prosecutor is the one that charges in this state, the victim has no real say in it. What was the legal method to force a government official to do his job? Writ of mandamus? File that along with your civil damages suit.

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    Regular Member amlevin's Avatar
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    Quote Originally Posted by Difdi View Post
    all it takes for it to go nowhere at all is for the judge to improperly instruct a single juror.
    How does a Judge instruct a "single juror"?
    "If I shoot all the ammo I am carrying I either won't need anymore or more won't help"

    "If you refuse to stand up for others now, who will stand up for you when your time comes?"

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    Regular Member Difdi's Avatar
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    Quote Originally Posted by amlevin View Post
    How does a Judge instruct a "single juror"?
    I would assume he'd take a breath, exhale and make noises as he does so.

    All it takes is one juror who believes a mistaken judge over the random guy pushing the private prosecution and the jury hangs.

  17. #17
    Regular Member Freedom1Man's Avatar
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    Quote Originally Posted by Difdi View Post
    I would assume he'd take a breath, exhale and make noises as he does so.

    All it takes is one juror who believes a mistaken judge over the random guy pushing the private prosecution and the jury hangs.
    If it was a public prosecutor then they would declare mistrial and charge YOU again. In the scenario that you presented though they would likely follow the constitution and not put them at risk of life or property twice.

    It's funny that 'they' can declare mistrial and deprive us of life, liberty, and property even though it violates the intent of the Double Jeopardy protection. It was only supposed to take one juror to set you free.
    Last edited by Freedom1Man; 08-17-2012 at 12:58 PM.
    Provision for free medical attendance and nursing, for clothing, for food, for housing, for the education of children, and a hundred other matters, might with equal propriety be proposed as tending to relieve the employee of mental strain and worry. --- These matters obviously lie outside the orbit of congressional power. (Railroad Retirement Board v Alton Railroad)

  18. #18
    Regular Member sudden valley gunner's Avatar
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    Quote Originally Posted by Freedom1Man View Post
    Despite the fact I have really blood thirsty ideas I would rather conduct business the most peaceful way possible.

    While I am aware that is the attitude of prosecutors, I don't see that it would hurt us to file complaints with the prosecutor's office.
    I am thinking about doing so and bring it to the attention of the media.

    I would like to know what harm it could cause our movement?
    SVG you normally have some rather insightful input on topics. Could you spare some more?

    We should be more pro-active. I know SlapMonkey does a good job on FOIA stuff. Maybe he could teach us how to do better at that. What forms to fill out etc.

    While a load of complaints coming through the prosecutor's office would increase their work load maybe a copy of each complaint being sent to the local new stations would not be so bad.

    I know that when I run for office I will use the fact that my opponent condones criminal activity in my campaign. Sheriff's office would be my first choice.

    I think the main thing we have to work on is changing the "culture" that puts cops and others in the "justice" system up on a pedestal.

    I have an Idea for a website that would help and actually have a person who will donate the bandwidth and server. Just not the technical know how. I say we put all complaints online where they can be downloaded and not shredded or hidden safely away. That way anyone who goes to court can look up a cops personnel file to back up his case. Let's face it all cops make mistakes but bad ones make them over and over and over again, they know it the prosecutors know it even the judges know it and they don't volunteer the info to you. And continue against the spirit of Brady v Maryland.

    I would look up the info Dean gave us there is a CJR form for filing private criminal complaints, especially when the prosecutor doesn't want to do it. There is also a case that went to SCOTUS that allows for it. I am strong proponent of private prosecution and leary at the same time, as others brought out, we can easily be thwarted by a single juror, yet the state has the abundance of funds stolen from our pockets to go after us again and again and again or fight against our claim with funds that dwarf even the funds of the wealthy.

    John and I have been working to expose the corrupt way they give up and hide info in the "FOIA's" too. This is fun, especially when you know a complaint was sent by registered mail to both the police station and city Hall. Get your community involved get active at tracking them. A case you might find interesting is Yacobellis vs. City of Bellingham, your municipality must pay you a fine if they don't comply with your requests.
    I am not anti Cop I am just pro Citizen.

    U.S. v. Minker, 350 US 179, at page 187
    "Because of what appears to be a lawful command on the surface, many citizens, because
    of their respect for what only appears to be a law, are cunningly coerced into waiving their
    rights, due to ignorance." (Paraphrased)

  19. #19
    Regular Member Freedom1Man's Avatar
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    Quote Originally Posted by sudden valley gunner View Post
    I think the main thing we have to work on is changing the "culture" that puts cops and others in the "justice" system up on a pedestal.

    I have an Idea for a website that would help and actually have a person who will donate the bandwidth and server. Just not the technical know how. I say we put all complaints online where they can be downloaded and not shredded or hidden safely away. That way anyone who goes to court can look up a cops personnel file to back up his case. Let's face it all cops make mistakes but bad ones make them over and over and over again, they know it the prosecutors know it even the judges know it and they don't volunteer the info to you. And continue against the spirit of Brady v Maryland.

    I would look up the info Dean gave us there is a CJR form for filing private criminal complaints, especially when the prosecutor doesn't want to do it. There is also a case that went to SCOTUS that allows for it. I am strong proponent of private prosecution and leary at the same time, as others brought out, we can easily be thwarted by a single juror, yet the state has the abundance of funds stolen from our pockets to go after us again and again and again or fight against our claim with funds that dwarf even the funds of the wealthy.

    John and I have been working to expose the corrupt way they give up and hide info in the "FOIA's" too. This is fun, especially when you know a complaint was sent by registered mail to both the police station and city Hall. Get your community involved get active at tracking them. A case you might find interesting is Yacobellis vs. City of Bellingham, your municipality must pay you a fine if they don't comply with your requests.
    I am passively familiar with a different FOIA case. Someone requested the names and addresses of all the officers in one district. The department refused to give out that information. The guy sued the department and because the department had already disclosed the requested information to a private party once (it was for a free magazine subscription) that they had to disclose that information any time it's requested. The guy got some cash from the penalties alone.

    As for a website, I would be willing to learn how to set it at my own pace and expense, if that would help.

    As for prosecutors, I had a lawyer explain that you can be accused of anything by a prosecutor. It does not matter if it's true or false if there is cause or not. That reduced my trust of our (in)justice system.

    Then there are the funds stolen from our pockets to pay the fines and civil damages. I believe that we should hold individuals liable for the damages. Instead of the department paying a civil suite for a bad arrest that the officer(s) involved should pay it out of their retirement, paychecks, etc. As it is now they pay out settlements, their budgets go to pot, then they extort money from the idiot voters who believe that we need more police so they vote for more taxes.

    I will look that case up.
    Thanks SVG.
    Provision for free medical attendance and nursing, for clothing, for food, for housing, for the education of children, and a hundred other matters, might with equal propriety be proposed as tending to relieve the employee of mental strain and worry. --- These matters obviously lie outside the orbit of congressional power. (Railroad Retirement Board v Alton Railroad)

  20. #20
    Regular Member sudden valley gunner's Avatar
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    I made a mistake it isnt CJR, the correct form is CrRLJ 2.1

    (c) Citizen Complaints. Any person wishing to institute a criminal action
    alleging a misdemeanor or gross misdemeanor shall appear before a judge
    empowered to commit persons charged with offenses against the State, other than
    a judge pro tem. The judge may require the appearance to be made on the
    record, and under oath. The judge may consider any allegations on the basis of
    an affidavit sworn to before the judge. The court may also grant an opportunity
    at said hearing for evidence to be given by the county prosecuting attorney or
    deputy, the potential defendant or attorney of record, law enforcement or other
    potential witnesses. The court may also require the presence of other
    potential witnesses.
    In addition to probable cause, the court may consider:
    (1) Whether an unsuccessful prosecution will subject the State to costs or
    damage claims under RCW 9A.16.110, or other civil proceedings;
    (2) Whether the complainant has adequate recourse under laws governing
    small claims suits, anti-harassment petitions or other civil actions;
    (3) Whether a criminal investigation is pending;
    (4) Whether other criminal charges could be disrupted by allowing the
    citizen complaint to be filed;
    (5) The availability of witnesses at trial;
    (6) The criminal record of the complainant, potential defendant and
    potential witnesses, and whether any have been convicted of crimes of
    dishonesty as defined by ER 609; and
    (7) Prosecution standards under RCW 9.94A.440.
    If the judge is satisfied that probable cause exists, and factors (1) through (7)
    justify filing charges, and that the complaining witness is aware of the
    gravity of initiating a criminal complaint, of the necessity of a court
    appearance or appearances for himself or herself and witnesses, of the possible
    liability for false arrest and of the consequences of perjury, the judge may
    authorize the citizen to sign and file a complaint in the form prescribed in
    CrRLJ 2.1(a). The affidavit may be in substantially the following form:
    THE STATE OF WASHINGTON )
    ) ss. No. ________COUNTY OF _________________)
    AFFIDAVIT OF COMPLAINING WITNESS
    DEFENDANT:
    Name ____________________________ Name ____________________________
    Address _________________________ Address _________________________
    Phone ___________ Bus. __________ Phone ___________ Bus. __________
    WITNESSES:
    Name ____________________________ Name ____________________________
    Address _________________________ Address _________________________
    Phone ___________ Bus. __________ Phone ___________ Bus. __________
    Name ____________________________ Name ____________________________
    Address _________________________ Address _________________________
    Phone ___________ Bus. __________ Phone ___________ Bus. __________
    I, the undersigned complainant, understand that I have the choice of
    complaining to a prosecuting authority rather than signing this affidavit. I
    elect to use this method to start criminal proceedings. I understand that the
    following are some but not all of the consequences of my signing a criminal
    complaint: (1) the defendant may be arrested and placed in custody; (2) the
    arrest if proved false may result in a lawsuit against me; (3) if I have sworn
    falsely I may be prosecuted for perjury; (4) this charge will be prosecuted
    even though I might later change my mind; (5) witnesses and complainant will be
    required to appear in court on the trial date regardless of inconvenience,
    school, job, etc.
    Following is a true statement of the events that led to filing this charge.
    I (have)(have not) consulted with a prosecuting authority concerning this incident.
    On the ____ day of ___________, 19__, at _______________________.
    (location)
    __________________________________________________ ___________________
    Signed _______________________________
    SUBSCRIBED AND SWORN TO before me this ____ day of ___________, 19__.
    ______________________________________
    Judge
    (d) Filing.
    (1) Original. The original of the complaint or citation and notice shall be
    filed with the clerk of the court.
    (2) Time. The citation and notice shall be filed with the clerk of the
    court within two days after issuance, not including Saturdays, Sundays or
    holidays. A citation and notice not filed within the time limits of this rule
    may be dismissed without prejudice.
    [Amended effective March 18, 1994; July 2, 1996; September 1, 1999;
    November 21, 2006; May 6, 2008.]
    ..http://www.courts.wa.gov/court_rules...crrlj2.1&pdf=1
    Last edited by sudden valley gunner; 08-18-2012 at 03:06 PM.
    I am not anti Cop I am just pro Citizen.

    U.S. v. Minker, 350 US 179, at page 187
    "Because of what appears to be a lawful command on the surface, many citizens, because
    of their respect for what only appears to be a law, are cunningly coerced into waiving their
    rights, due to ignorance." (Paraphrased)

  21. #21
    Regular Member rapgood's Avatar
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    You folks let me know how successful you are in getting a good response to this from the King County Prosecutor's office, won't you?
    And especially the Seattle City Attorney's office, too!
    Last edited by rapgood; 08-19-2012 at 01:25 PM.
    Rev. Robert Apgood, Esq.

    A right cannot be lost by exercising it. McDonald v. Chicago, 561 U.S. 3025, 130 S. Ct. 3020, 3021, 177 L. Ed. 2d 894 (2010) (citing Near v. Minn., 283 U.S. 697 (1931)).

    Although IAAL, anything I say here is not legal advice. No conversations we may have privately or otherwise in this forum constitute the formation of an attorney-client relationship, and are not intended to do so.

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    Regular Member jsanchez's Avatar
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    What is the statue of limatations on 9A.80.10? It will be 1 year tomarrow I was stopped at Greenlake, and I'm wondering if its to late to file charges with king county sheriffs.

  23. #23
    Regular Member Vitaeus's Avatar
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    http://statelaws.findlaw.com/washing...ions-laws.html

    not a great reference, but it looks like 2years for a gross misdemeanor, I would consult with a lawyer.

  24. #24
    Regular Member amlevin's Avatar
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    Quote Originally Posted by Freedom1Man View Post
    If it was a public prosecutor then they would declare mistrial and charge YOU again. In the scenario that you presented though they would likely follow the constitution and not put them at risk of life or property twice.

    It's funny that 'they' can declare mistrial and deprive us of life, liberty, and property even though it violates the intent of the Double Jeopardy protection. It was only supposed to take one juror to set you free.
    Double Jeopardy only occurs when there is a trial with a conclusion (a verdict, withdrawal of charges once testimony begins, or dismissal with prejudice). A Mistrial means that no trial took place. No Jeopardy attaches.

    Check out Renico v. Lett

    http://www.scotusblog.com/case-files...renico-v-lett/

    Like it or not, it's still the law of the land.
    "If I shoot all the ammo I am carrying I either won't need anymore or more won't help"

    "If you refuse to stand up for others now, who will stand up for you when your time comes?"

  25. #25
    Regular Member rapgood's Avatar
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    Quote Originally Posted by jsanchez View Post
    What is the statue of limatations on 9A.80.10? It will be 1 year tomarrow I was stopped at Greenlake, and I'm wondering if its to late to file charges with king county sheriffs.
    Official misconduct is a gross misdemeanor, for which SOL is 2 years (although you don's have a concern with it yet, when the clock starts can sometimes be an issue).
    Last edited by rapgood; 08-21-2012 at 11:50 AM.
    Rev. Robert Apgood, Esq.

    A right cannot be lost by exercising it. McDonald v. Chicago, 561 U.S. 3025, 130 S. Ct. 3020, 3021, 177 L. Ed. 2d 894 (2010) (citing Near v. Minn., 283 U.S. 697 (1931)).

    Although IAAL, anything I say here is not legal advice. No conversations we may have privately or otherwise in this forum constitute the formation of an attorney-client relationship, and are not intended to do so.

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