Even if the so-called motor vehicle laws applied to me, where does a California peace officer get the legislative authority to make stops/detentions/ or arrests for "infractions" that don't rise to the level of a public offense?
See Penal Code sec. 830.1(a) for the "extent of authority" for peace officers.
See Vehicle Code sec. 40300 et seq. for the authority to make warrantless arrests for vehicle code violations. See People v. Wohlleben (1968) 261 Cal.App.2d 461
If I am told that the citation was not evidence of an arrest, then I point out VC sec. 40500(d) which PROVES otherwise.
Infractions are NOT crimes (See People v. Sava (1987) 190 Cal.App.3d 935) thereby precluding the "criminal" court of jurisdiction.
ps> I have two court transcripts where I got the judge to admit "on record" that the proceeding was "non criminial" (See CCP secs. 24 & 32)
pss> Can anyone find the legislative "authority" for "detentions." I haven't been able to.
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Originally Posted by Codee
Further concideration is that if the laws GENERALLY apply to State Employees then how do we find out who they specifically apply to? Remember,,, A bill of attainder must name you or your private group! So how do they specifically apply this law to me when its non-special, general aplication is for state employees?
Hey Shoonra! You want another date? Yeah they are not Bills of Attainder because they never name any private person as their God Blessed target.
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