You failed to read my posts or failed to read them correctly.
- There is no complaint
- There is no proper summons
- There is no prosecutor
- The court is actually prosecuting the case, violation of the constitution on a number of grounds.
The cop is acting as the clerk, clerk is deciding to prosecute the case with no complaint. All violations of "due process" and "equal protection".
Who cares if they sign the ticket or not, it's not a complaint and there is no valid summons.
For there to be a case:
1.) There must be complaint submitted to the clerk.
2.) Only then can a summons be issued.
3.) Summons must be processed by non-involved third party.
4.) A clerk can never be a prosecutor but it really doesn't matter because there is no complaint and no valid summons.
5.) A cop can't be the prosecutor,clerk,witness and process server all at once... many violations of the constitution in all the 50 states and basic law.
Of course, if one does not make them follow the rules than they won't follow them. It's not a silver bullet. You don't hear about this on Court TV because there is no big S. Ct. ruling that comes down, they usually just drop the case. Hope this helps.
No complaint + no summons + no prosecutor = no case
No case = No jurisdiction
Easy as pie.
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Originally Posted by Shoonra
Bailey, you are squeezing the two decisions for more than they actually say.
People v. Municipal Court for Ventura Judicial District (1972_) 27 Cal.App.3d 193, 103 Cal.Rptr 645, 66 ALR3d 717, did not deal with a traffic violation and held that an ordinary civilian could not commence and prosecute a criminal case. In some jurisdictions, the rules of the traffic court may allow the policeman to dive right in as the complaining witness without the presence of a prosecutor.
Cedar Rapids v. Atsinger (Iowa Supreme 2000_) 617 NW2d 672, dealt with a traffic ticket which should have been but was not signed by the cop. The court reviewed how these complaints should be signed under oath -- and it was the practice of traffic cops to bring their copies of the tickets they had handed out to an appropriate court officer and swear to them, after the event of handing out the tickets but before the court date. In this instance it appears that the cop skipped signing the tickets and swearing to them altogether, so the court dismissed the case against the motorist. Believe me, the practice of handing out traffic tickets continued in the State of Iowa, but now the cops made sure that at the end of the day they finished all the paperwork.
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