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stuckinchico
Regular Member
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Posted: Sun Jun 21st, 2009 10:28 am |
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I was arrested yesterday at 8pm for "resisting interfering and delaying" a police officer.
Last edited on Mon Jun 22nd, 2009 07:42 am by stuckinchico
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nukechaser
Regular Member
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Posted: Sun Jun 21st, 2009 02:46 pm |
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I wish all the best with your situation. Take a deep breath  and please keep us posted.
Last edited on Mon Jun 22nd, 2009 01:35 pm by nukechaser
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ConditionThree
Activist Member
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Posted: Sun Jun 21st, 2009 03:27 pm |
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While I really dig your enthusiasm and willingness to jump in with both feet, I do agree with Nukechasers points. Regardless of what state you live in, there is more to this than just strapping on a firearm and walk about town. California however presents a number of unique challenges- with law enforcement and the general public.
It may be too late to apply the advice from this thread, but perhaps you can reap some benefit for future reference.
I would recommend a healthy edit of all your posts both here and on Calguns- redacting the details of your most recent encounter with Chico police, as well as explitives and anything that conveys a sense of entitlement. I'm not saying that you dont have a 1st amendment right, however you shouldnt forsake the 5th amendment either as the things you write and say publically can be used against you in a court of law.
Your attorney will probably advise you to refrain from OC until your case is resolved. Certainly get your property back- but you should hold off on OC for the time being. I would pay particular attention to your recorder- and would be anxious to see if it had been tampered with.
I think that before you do anything else you should consult an attorney. Leave the contact with the chief to them, particularly if you will be seeking a civil suit against their department.
Last edited on Sun Jun 21st, 2009 03:31 pm by ConditionThree
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Michigander
Regular Member
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Posted: Sun Jun 21st, 2009 03:34 pm |
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Sorry to hear you got popped. I've never been hassled that badly, but I still can easily sympathise with the similar experiences I've had. Assuming you were not violating any laws, here is a partial list of the federal laws and rulings you could go after them for:
Title 18, U.S.C., Section 242
Deprivation of Rights Under Color of Law
This statute makes it a crime for any person acting under color of
law, statute, ordinance, regulation, or custom to willfully deprive or
cause to be deprived from any person those rights, privileges, or
immunities secured or protected by the Constitution and laws of the
U.S.
This law further prohibits a person acting under color of law,
statute, ordinance, regulation or custom to willfully subject or cause
to be subjected any person to different punishments, pains, or
penalties, than those prescribed for punishment of citizens on account
of such person being an alien or by reason of his/her color or race.
Acts under "color of any law" include acts not only done by federal,
state, or local officials within the bounds or limits of their lawful
authority, but also acts done without and beyond the bounds of their
lawful authority; provided that, in order for unlawful acts of any
official to be done under "color of any law," the unlawful acts must
be done while such official is purporting or pretending to act in the
performance of his/her official duties. This definition includes, in
addition to law enforcement officials, individuals such as Mayors,
Council persons, Judges, Nursing Home Proprietors, Security Guards,
etc., persons who are bound by laws, statutes ordinances, or customs.
Punishment varies from a fine or imprisonment of up to one year, or
both, and if bodily injury results or if such acts include the use,
attempted use, or threatened use of a dangerous weapon, explosives, or
fire shall be fined or imprisoned up to ten years or both, and if
death results, 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.
-------------------------------------------------------------------------------------
Bill Of Rights
Amendment 2: A well regulated militia being necessary to the security
of a free state, the right of the people to keep and bear arms shall
not be infringed
Amendment 4: The right of the people to be secure in their persons,
houses, papers, and effects, against unreasonable searches and
seizures, shall not be violated, and no Warrants shall issue, but upon
probable cause, supported by Oath or affirmation, and particularly
describing the place to be searched, and the persons or things to be
seized.
Amendment 5: No person shall be held to answer for a capital, or
otherwise infamous crime, unless on presentment or indictment of a
Grand Jury, except in cases arising in the land or naval forces, or in
the Militia, when in actual service in time of War or public danger;
nor shall any person be subject for the same offense to be twice put
in jeopardy of life or limb; nor shall be compelled in any criminal
case to be a witness against himself, nor be deprived of life,
liberty, or property, without due process of law; nor shall private
property be taken for public use, without just compensation
------------------------------------------------------------------------------------
And plus there was a nice SCOTUS ruling, Florida V JL (SCOTUS) 2000: It basically stated that possession of a firearm where possibly legal is not probable cause, and that evidence found as a result of Terry stopping merely for having a possibly legal gun is fruit of the poisonous tree. Here is a link to the actual ruling:
http://www.law.fsu.edu/library/flsupct/90361/op-90361.pdf
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sudden valley gunner
Regular Member
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Posted: Sun Jun 21st, 2009 05:47 pm |
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Granted you did everything lawfully. I wish I was close I would attent the BBQ. I think that is a great idea. Are the cops going to arrest a dozen or more people for following the law? Did you carry ID? I recommend in the future as long as you are not breaking any laws, don't carry ID. Of course this means you are taking a course of action that would mean some commitment of follow through.
Here Washington I have stopped carrying ID while I open carry and I leave my cpl and drivers liscense in the car. Don't give up this community will be behind you and will help in anyway we can. Thank you for taking a stand for our rights. There is nothing wrong with being proactive.
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stuckinchico
Regular Member
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Posted: Sun Jun 21st, 2009 07:02 pm |
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I am half tempted to switch my major to pre law and specialize in firearms laws
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smoking357
Banned
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Posted: Sun Jun 21st, 2009 08:38 pm |
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Last edited on Mon Jun 22nd, 2009 01:41 pm by smoking357
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smoking357
Banned
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Posted: Sun Jun 21st, 2009 09:01 pm |
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Last edited on Mon Jun 22nd, 2009 01:41 pm by smoking357
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Sons of Liberty
Regular Member
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Posted: Sun Jun 21st, 2009 09:20 pm |
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I agree with the others here... Since you have been arrested, you should refrain from posting and talk to an attorney. Don't talk to the police chief or anyone else without getting your attorney first and listen to what your attorney says.
In addition to defending you against the "resisting, interfering and delaying" charge, you should ask about pursuing a civil suit. If that attorney is not able, find one who is.
I agree that these types of encounters have to stop!
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nukechaser
Regular Member
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Posted: Sun Jun 21st, 2009 09:52 pm |
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edited at request of OP
Last edited on Mon Jun 22nd, 2009 01:37 pm by nukechaser
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smoking357
Banned
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Posted: Sun Jun 21st, 2009 10:13 pm |
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Last edited on Mon Jun 22nd, 2009 01:42 pm by smoking357
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nukechaser
Regular Member
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Posted: Sun Jun 21st, 2009 10:35 pm |
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edited at request of OP
Last edited on Mon Jun 22nd, 2009 01:38 pm by nukechaser
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marshaul
Activist Member
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Posted: Sun Jun 21st, 2009 11:23 pm |
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| This is our lawsuit, guys.
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smoking357
Banned
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Posted: Sun Jun 21st, 2009 11:37 pm |
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Last edited on Mon Jun 22nd, 2009 01:42 pm by smoking357
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stuckinchico
Regular Member
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Posted: Sun Jun 21st, 2009 11:51 pm |
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I will filing a lawsuit against City of Chico, Chico Police Department for violations of my rights, excessive force unlawful arrest and unlawful detainment. It is not for the money. quite frankly i kinda just being able to pay rent and get food. I dont have to worry about a lot of things. This is solely on principle that they can not continue to violate law abiding citizens even if it is for their " safety" As til i speak to my attorney, I will not be devulging any further details.. However i will ask anyone that wants and is truely willing to step forward and join me in this lawsuit.. NO BS..... no backing out I will gladly acccept their help
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nukechaser
Regular Member
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Posted: Mon Jun 22nd, 2009 12:08 am |
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stuckinchico wrote: I will filing a lawsuit against City of Chico, Chico Police Department for violations of my rights, excessive force unlawful arrest and unlawful detainment. It is not for the money. quite frankly i kinda just being able to pay rent and get food. I dont have to worry about a lot of things. This is solely on principle that they can not continue to violate law abiding citizens even if it is for their " safety" As til i speak to my attorney, I will not be devulging any further details.. However i will ask anyone that wants and is truely willing to step forward and join me in this lawsuit.. NO BS..... no backing out I will gladly acccept their help
YAY!
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nukechaser
Regular Member
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Posted: Mon Jun 22nd, 2009 12:12 am |
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smoking357 wrote: If you did, I would, though I'd probably PM you.
Are we possibly seeing the beginnings of a citizen resistance?
I see validity in your point about the PM. However, if it was only a PM no one else would glean all the infinite wisdom I would be imparting (MAJOR tongue-in-cheek).
As for citizen resistance, I hope so! 
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cato
Regular Member
| Joined: | Sun Oct 29th, 2006 |
| Location: | California USA |
| Posts: | 1607 |
| Status: |
Offline
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Posted: Mon Jun 22nd, 2009 01:06 am |
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You need to WIN your 148 PC charge. It's also a firearms disqualifying misdemeanor in CA I believe (no it's not I was wrong).
I would not and we have not encouraged members here to disobey orders (even unlawful ones) given by officers attempting to detain UOCers. That is not good strategy IMO.
You seem to be ignorant of some basic laws and case laws which we have discussed here that are still controlling of 12031 "e" checks and detentions.
Last edited on Thu Jul 2nd, 2009 07:08 am by cato
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marshaul
Activist Member
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Posted: Mon Jun 22nd, 2009 01:32 am |
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| If that's the only law he broke, then he should challenge the constitutionality of the (e) checks themselves.
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smoking357
Banned
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Posted: Mon Jun 22nd, 2009 01:39 am |
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cato wrote: I would not and we have not encouraged members here to disobey orders (even unlawful ones) given by officers attempting to detain UOCers. That is not good strategy IMO.
In California, the smartest thing to do is to disobey the cobecause of this:
http://www.youtube.com/watch?v=jFNDK8PQGNw
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