Power of unsigned ticket?

[Rlynne]

My elderly neighbor is harassed again by another neighbor through the city. Trash was left on the corner (next to her house) and the neighborhood's busybody called the city on her.

The officer left a ticket on the elderly lady's fence. She asked me what to do because it said on the back of the ticket a warrant could be issued if she didn't appear in court.

I looked at the ticket and I saw it didn't even have her name on it much less her signature so i said hummm. I've never seen this before, usually the tickets are partially filled out identifying who it's meant for, but not hers.

All it had was a statement saying trash was left on the street before heavy trash pickup date which is in violation of city code. Then it has her address as the location. Mind you the trash is on the street not on her property.

Normally I would say R4C but if it don't identify her other than her address why bother. Before I say as much to her I wanted to get some feedback, has anyone received a ticket with no name and signature on it?
__________________
"The most lethal martial art is one requiring pen and paper". anonymous

[Dillon Hunt]

Special Response: No jurisdiction is implied or expressed by this answer, that must be proven.

I do not admit this is my trash, it may be the wrong address, Please send this unnamed ticket to the busybody neighbor at (her address). As far as I know, doesn't this trash belong to the city ? As far as I know, hasn't this trash legally been abandoned ?

thanks


Not legal advice

[Codee]

This is a classic Suijuris issue. First we have an issue of which there is no mention of where. What state did this occur in? Did you not think that would be important? Oh well. Second we have people suggesting answers without even knowing the state or its laws.

In California there is a very good argument against such an action by the state.

853.6. (a) In any case in which a person is arrested for an offense
declared to be a misdemeanor, including a violation of any city or
county ordinance, and does not demand to be taken before a
magistrate, that person shall, instead of being taken before a
magistrate, be released according to the procedures set forth by this
chapter. If the person is released, the officer or his or her
superior shall prepare in duplicate a written notice to appear in
court, containing the name and address of the person, the offense
charged, and the time when, and place where, the person shall appear
in court.

Every code in the CPC discusses the ticket as a release from arrest. They all contain the language “A person arrested for an infraction or misdemeanor…”

THERE IS NO AUTHORITY TO USE A TICKET AS A SUMMONS

The only part of the ticket that forces appearance is the PROMISE TO APPEAR which one signs. IF the ticket could be used as a summons that would be a breach of separation of powers.

Also in California a misdemeanor or infraction cannot be arrested on unless committed in the arrestors presence. If the offense was not committed in one’s presence then that one cannot arrest. If that one cannot arrest he cannot give a release from arrest form. If a Notice to Appear (Release from arrest form) cannot be issued then there can be authority to demand that it be signed in the promise to Appear box.

FURTHER--- If there was an arrest made in secret without notice (I have never heard of this until now) then the time of day might be relevant.

840. An arrest for the commission of a felony may be made on any
day and at any time of the day or night. An arrest for the
commission of a misdemeanor or an infraction cannot be made between
the hours of 10 o'clock p.m. of any day and 6 o'clock a.m. of the
succeeding day, unless:
(1) The arrest is made without a warrant pursuant to Section 836
or 837.
(2) The arrest is made in a public place.
(3) The arrest is made when the person is in custody pursuant to
another lawful arrest.
(4) The arrest is made pursuant to a warrant which, for good cause
shown, directs that it may be served at any time of the day or
night.

And here is the law requiring personal presence.

836. (a) A peace officer may arrest a person in obedience to a
warrant, or, pursuant to the authority granted to him or her by
Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2,
without a warrant, may arrest a person whenever any of the following
circumstances occur:
(1) The officer has probable cause to believe that the person to
be arrested has committed a public offense in the officer's presence.

(2) The person arrested has committed a felony, although not in
the officer's presence.
(3) The officer has probable cause to believe that the person to
be arrested has committed a felony, whether or not a felony, in fact,
has been committed.
(b) Any time a peace officer is called out on a domestic violence
call, it shall be mandatory that the officer make a good faith effort
to inform the victim of his or her right to make a citizen's arrest.
This information shall include advising the victim how to safely
execute the arrest.
(c) (1) When a peace officer is responding to a call alleging a
violation of a domestic violence protective or restraining order
issued under Section 527.6 of the Code of Civil Procedure, the Family
Code, Section 136.2, 646.91, or paragraph (2) of subdivision (a) of
Section 1203.097 of this code, Section 213.5 or 15657.03 of the
Welfare and Institutions Code, or of a domestic violence protective
or restraining order issued by the court of another state, tribe, or
territory and the peace officer has probable cause to believe that
the person against whom the order is issued has notice of the order
…

Sue for extortion and simulation of legal process / abuse of process

Cody

[weishaupt1776]

read the county or municipal charter

if it says that only atty's can pros in the name of the county/muni, then a non-county/muni atty cannot initiate an action in the name of the county/muni

[weishaupt1776]

Originally Posted by Codee

This is a classic Suijuris issue. First we have an issue of which there is no mention of where. What state did this occur in? Did you not think that would be important? Oh well. Second we have people suggesting answers without even knowing the state or its laws.

LOL !!!!!!!!!!!!!!!!!!!

[Codee]

Originally Posted by weishaupt1776

read the county or municipal charter

if it says that only atty's can pros in the name of the county/muni, then a non-county/muni atty cannot initiate an action in the name of the county/muni

Are you F serious!?!?!

I did just that in Nevada County when the City of Grass Valley was having the District Attorney prosecute violations of the city muni-code.

I showed taht in the city charter that the city attorney SHALL prosecute nad recused the entire DA's office.

I then pointed out that every prosecution the city attorney did not prosecute violated the charted and absent a prescribed punishment it defaulted to a misdemeanor punishable by 6 months and 1000 dollar fine.

I showed that he had missed some 800 prosecuations in the last couple years meaning a possible charge and fines of $800,000 dollars and 400 years in jail.

The city attorney quit at the end o fhte year and does not practice any longer.

[weishaupt1776]

Originally Posted by Codee

Are you F serious!?!?!

Didn't your last post agree with mine in that you did the same with success ???

I'm confused by your statement/questio above?