imported post
Theseus wrote:
Nick the Sniper wrote:
Dustin wrote:
In the high crime, high drug areas where I work, if I saw someone open carrying a gun I would stop and identify them.
And what would be your probable cause?
The best question yet.
Apparently curiosity is in Wash.
I always find it amazing how those charged with "enforcing" the law pay very little attention to it as it operates upon THEIR actions, but they'll construe it however they want when it's something THEY want to do to control you.
Like something as simple as cell phones. All we hear is "don't drive and talk on the cell...IT'S THE LAW!" But if I had a nickle for every LEO that I've seen on theirs I'd be able to pay off the national debt in three years.
I don't think kudos is warranted because there's a lesser degree of disregard of his restrictions.
The U.S. Supreme Court has ruled that one's living in a "high crime" area doesn't mean LEOs can disregard the restrictions imposed on searches and seizures.
Don't you know that the ends justifies the means?
If they conduct an illegal search they will simply make up whatever excuse in court to justify the search. . . after all. . . since they searched you and found it, they must have had PC!
Or even worst, like in my case they admit they didn't have one shred of PC, policy or anything and still removed my firearm, forcibly removed the wallet and ID from my pocket and ran the serials and conducted a wants and warrant check.
What happens? Nothing. Fruit of the poisonous tree is still allowed.
If they are wrong, well, their mistake. Most people can't afford to do anything about it.
Even those who can "afford" it can't do anything about it. There is no constitution, there is no "law." There are only those who set up this (de)illusional system that lackeys and bullies enjoy "enforcing" upon those who are not lackeys and bullies.
Let's take this are of land currently recognized as "California" for instance. The "California Constitution" says that the right to trial by jury is "inviolable."
How is "inviolable" defined?
in·vi·o·la·ble (ĭn-vī'ə-lə-bəl)
adj.
- Secure from violation or profanation: an inviolable reliquary deep beneath the altar.
- Impregnable to assault or trespass; invincible: fortifications that made the frontier inviolable.
[Middle English, from Old French, from Latin inviolābilis : in-,
not; see
[size="-1"][font="arial,sans-serif"] in-[/font][/size][sup]1[/sup] + violāre,
to violate; see
[size="-1"][font="arial,sans-serif"] violate[/font][/size].]
in·vi'o·la·bil'i·ty,
in·vi'o·la·ble·ness n.,
in·vi'o·la·bly adv. The American Heritage® Dictionary of the English Language, Fourth Edition
Copyright © 2009 by Houghton Mifflin Company.
Published by Houghton Mifflin Company. All rights reserved.
A "California Court of Appeal" says in relative part:
"The limitation on an accused's right to jury trial of infractions has withstood constitutional attack upon the rationale the Legislature did not intend to classify infractions as crimes." People v. Sava (1987) 190 Cal.App.3d 935, at p. 939
The "California Penal Code" section 689 says:
"No person can be convicted of a public offense unless by verdict of a jury, accepted and recorded by the court, by a finding of the court in a case where a jury has been waived, or by a plea of guilty.” See PenalCode section 689
"California Judicial Council" on its "Self-Help Glossary" page that it has for those who can't afford legal representation says:
“public offense: A crime. Compare to private or civil wrongs that violate ‘private laws,’ for example, a contract between 2 parties. The difference between civil/private and criminal/public wrongs is that public offenses focus on the behavior of the offender while the law of civil wrongs focuses on making an injured person whole.” (See also crime.) See California Courts: Self-Help Center: Glossary
"California Peace Officer" authority, according to the "California Penal Code" only extends to "public offenses" See Penal Code section 830.1(a).
Yet EVERYDAY people are "arraigned" on the "public offense" of a "traffic infraction" where those same people are "prosecuted" CRIMINALLY by the "STATE's" witness for a public offense WITHOUT a jury.
There is more to this but the above alone is enough to establish that there is NO constitution.
If a peace officer and raises the above, they will be fired. I know such a peace officer, and the initiating, investigating "peace officer" committed perjury, admitted to it; committed a felony by altering records and entering it as evidence, admitted to it; used local agency "peace officers" as witnesses, which "admitted" to driving "illegal (their words not mines)" motor vehicles; admitted they give each other passes when making traffic stops on off-duty "peace officers"; all to help terminate a peace officer, getting this peace officer's job and career destroyed for actually learning the proper application of the job hired for.
There is no "law." And all the belly aching, the moaning and groaning is all for naught. Because people "doing business" as the gubmint have mortgages to pay, and will not and do not rule by law. They only rule.
The most disappointing of it all is all the token money expended in purchasing THEIR "laws" (Evidence Code, Judge's Benchbooks, California Practice Guides, Westlaw subscriptions, etc., etc.,) and all the time expended (tens of thousands of hours) could have been spent just enjoying blissful ignorance and being told what to do and how to do it like good little hosts.
My rant for the day.
But, it is what it is, right? So be it!
