IndigoBlue
Contributor
Mo2vation:
Like its always the lobsters fault! LOL.
Maybe you can make the judge believe that it jumped in your boat on its own. I doubt that the lobster will deny it, on cross examination.
Busted by the DFG
- Thread starter whalerkyle
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Like its always the lobsters fault! LOL.
Maybe you can make the judge believe that it jumped in your boat on its own. I doubt that the lobster will deny it, on cross examination.
ChrisM
Contributor
LOL, kyle, at least you can laugh about it. And I have to say that I gotta hand it to you for owning up to the painful mistake.
I would ask the Game Warden,.........in front of the Judge............. What Happened to the evidence Sir??
RebreatherBoy
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Well, for starters, my sucess has always been in never playing with peashooters with the government, I prefer to instantaneously go full nuclear and beat them at their own stinking game.
With that caveat in mind, NEVER give a DFG type permission to search anything! If he demands that he or she be allowed to search your boat and person, first ask to articulate why he or she has made a stop and what probable cause he or she has to believe you have violated any statues, and demand he or she name the statue. Then after that, tell him or her that you still do not consent to a search, and since he or she has no reasonable belief you have comitted a crime, that he or she would have to petition a court to obtain a search warrant, which he or she will not be successful in due to the lack of probable cause.
Remember, it is your Constitutional Right to be free from unreasonable searches and siezures, and unless he has a reasonble belief that you have committed a crime, his interrogation and search is highly illegal. It is ALWAYS YOUR DUTY as an American to always fully exercise your rights lest they be eroded. Don't buy into the spineless, limp wristed feel gooders about you "should give up all your rights just because you are innocent" nonsense.
I would like to know who claimed ownership of the lobster as you seem to have been the one cited. I am appalled one would admit to taking game then prove such to a total stranger. When DFG types ask me what I am up to, I reply: why do you want to know?
No need to fear though, if I were you, I would exercise one of several options:
1. Utterly ignore the whole citation forever.
2. Utterly ingore the whole citation, let it go to warrant which is highly improbable, but if it does, ignore that too, then wait for a minimum of 4 months or better yet 1 year, then file a Rost Rule Motion to Dismiss not only the misdemeanor warrant but the original charge it arose from under the authority of People V Rost and Penal Code Section 1382. This is the most fun.
3. If you don't have massive ones like me, then appear for arraignment, plead not guilty, then at trial, once again move to dismiss, but this time your declaration, points and authorities will rely upon a lack of a statutory speedy trial because I would be able to show binding precendent that requires statutory speedy trial tolling commences NOT when you are arraigned, but when you were arrested and notified you were being charged with a crime, which is what happened to you. This runs completely contrary to what all these kangaroo courts of idiots claim. I would also subpoena the DF&G to produce the lobster which will be ignored, then petition the court to find the DF&G warden in contempt of court for disobeying a lawful subpoena. I would develop this into testimony that a DFG employee who contemptably disobeys lawful court subpoenas has no credibility as a witness because the court is taking testimony from a criminal.
As a last resort, you can put your tail between your legs, wimper while shelling out $ to the Gestapo Agency and thank all you are a slave.
Remember, these F&G tyrants who violate your rights are criminal thugs so never cooperate with them(by asking you if you had caught anything, he was interrogating you in a fashion designed to solicit incriminating information, requiring he Mirandize you which he apparently failed to do making him a government criminal)
"I would remind you that extremism in the defense of liberty is no vice. And let me remind you also that moderation in the pursuit of justice is no virtue!"*
-- Senator Barry Goldwater
"There's no way to rule innocent men. The only power government has is the power to crack down on criminals. Well, when there aren't enough criminals, one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws." -Ayn Rand in Atlas Shrugged
Ok, did that wake you all up from your sleapy Sunday evening?! lol
With that caveat in mind, NEVER give a DFG type permission to search anything! If he demands that he or she be allowed to search your boat and person, first ask to articulate why he or she has made a stop and what probable cause he or she has to believe you have violated any statues, and demand he or she name the statue. Then after that, tell him or her that you still do not consent to a search, and since he or she has no reasonable belief you have comitted a crime, that he or she would have to petition a court to obtain a search warrant, which he or she will not be successful in due to the lack of probable cause.
Remember, it is your Constitutional Right to be free from unreasonable searches and siezures, and unless he has a reasonble belief that you have committed a crime, his interrogation and search is highly illegal. It is ALWAYS YOUR DUTY as an American to always fully exercise your rights lest they be eroded. Don't buy into the spineless, limp wristed feel gooders about you "should give up all your rights just because you are innocent" nonsense.
I would like to know who claimed ownership of the lobster as you seem to have been the one cited. I am appalled one would admit to taking game then prove such to a total stranger. When DFG types ask me what I am up to, I reply: why do you want to know?
No need to fear though, if I were you, I would exercise one of several options:
1. Utterly ignore the whole citation forever.
2. Utterly ingore the whole citation, let it go to warrant which is highly improbable, but if it does, ignore that too, then wait for a minimum of 4 months or better yet 1 year, then file a Rost Rule Motion to Dismiss not only the misdemeanor warrant but the original charge it arose from under the authority of People V Rost and Penal Code Section 1382. This is the most fun.
3. If you don't have massive ones like me, then appear for arraignment, plead not guilty, then at trial, once again move to dismiss, but this time your declaration, points and authorities will rely upon a lack of a statutory speedy trial because I would be able to show binding precendent that requires statutory speedy trial tolling commences NOT when you are arraigned, but when you were arrested and notified you were being charged with a crime, which is what happened to you. This runs completely contrary to what all these kangaroo courts of idiots claim. I would also subpoena the DF&G to produce the lobster which will be ignored, then petition the court to find the DF&G warden in contempt of court for disobeying a lawful subpoena. I would develop this into testimony that a DFG employee who contemptably disobeys lawful court subpoenas has no credibility as a witness because the court is taking testimony from a criminal.
As a last resort, you can put your tail between your legs, wimper while shelling out $ to the Gestapo Agency and thank all you are a slave.
Remember, these F&G tyrants who violate your rights are criminal thugs so never cooperate with them(by asking you if you had caught anything, he was interrogating you in a fashion designed to solicit incriminating information, requiring he Mirandize you which he apparently failed to do making him a government criminal)
"I would remind you that extremism in the defense of liberty is no vice. And let me remind you also that moderation in the pursuit of justice is no virtue!"*
-- Senator Barry Goldwater
"There's no way to rule innocent men. The only power government has is the power to crack down on criminals. Well, when there aren't enough criminals, one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws." -Ayn Rand in Atlas Shrugged
Ok, did that wake you all up from your sleapy Sunday evening?! lol
scubasean
Contributor
And if none of that works, tell em rebreather boy was providing you the legal advice.
:banana:
:banana:
RebreatherBoy
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My legal tactics are not theories but are firmly based in law and precedent.
They have also been employed repeatedly and 100% successfully by myself. My favorites were radar based citations and parking tickets. Never lost a single trial, although sometimes I had to prevail at the appellate level.
They have also been employed repeatedly and 100% successfully by myself. My favorites were radar based citations and parking tickets. Never lost a single trial, although sometimes I had to prevail at the appellate level.
OP
whalerkyle
Guest
Thanks for the replies. Does anyone want to join me on the court date? It will be in Laguna Hills next month.
Some of the previous statements above make me a bit uneasy. Speaking to the searching of my boat. Does anyone know what would truly happen if I refuse to let the DFG search my boat/bc's/coolers? I have allways allowed them to do their job. We are going out tonight, maybe I will try it.
Kyle
Some of the previous statements above make me a bit uneasy. Speaking to the searching of my boat. Does anyone know what would truly happen if I refuse to let the DFG search my boat/bc's/coolers? I have allways allowed them to do their job. We are going out tonight, maybe I will try it.
Kyle
whalerkyle:
Since probable cause can come down to an opinion and local laws differ it would depend on your locality. Some Judges could see your having scuba equipment and a boat in an area that is known to have lobster as probable cause to search you to see if you have any illegal bugs. Others might see that as an unreasonable search. Some localities could also allow the officer to detain you while a warrent was obtained if it could be done in a reasonable period of time. Not knowing the local laws I would recommend you consult council.
Disclaimer: I am not an attorney and I don't play one on TV either.
Chad
1/16" short? Let's hope he grows some by court time!
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