Encounter with SD Sheriffs - HA!

[charlesa6]

Difranco, welcome to the suijuris forum.

[Codee]

Originally Posted by Difranco

A term I heard would work better above your signature is "Not Amenable to Process"

Actually what works real good is just learning how to kick ass in court.

[redy2fiyt]

Originally Posted by Codee

Actually what works real good is just learning how to kick ass in court.

LOL! That's the true Cody Roberts spirit. Yeah dawg!

[KITCHIE]

I would pose several questions to the sheriff and do it under the Public Information Act. That way you are trying to show the things you believe to be true without making any declarations. And the law is that they have 3 days to reply of they get fined!! Yup...they are beginning to eat their own!!!

Kitchie

[redy2fiyt]

Originally Posted by KITCHIE

I would pose several questions to the sheriff and do it under the Public Information Act. That way you are trying to show the things you believe to be true without making any declarations. And the law is that they have 3 days to reply of they get fined!! Yup...they are beginning to eat their own!!!

Kitchie

Ooh, Kitchie - nice! I've already sent in the notice though. I'll save that one for the next encounter.

I'm giving them a little time to stew right now. Next week I'm heading down to the beach for a "nap". Let's see if I get bothered. He he.

[Codee]

Ready2fyit,

The following is a list a statutes to familiarize your self with for the next big study undertaking. Sorry it took so long. Let me know if you have any questions or comments. I will get you the outline of where I am going with this soon.

2409. All members of the California Highway Patrol have the powers
of a peace officer as provided in Section 830.2 of the Penal Code.



830.2. The following persons are peace officers whose authority
extends to any place in the state:

(a) Any member of the Department of the California Highway Patrol
including those members designated under subdivision (a) of Section
2250.1 of the Vehicle Code, provided that the primary duty of the
peace officer is the enforcement of any law relating to the use or
operation of vehicles upon the highways, or laws pertaining to the
provision of police services for the protection of state officers,
state properties, and the occupants of state properties, or both, as
set forth in the Vehicle Code and Government Code.

830. Any person who comes within the provisions of this chapter and
who otherwise meets all standards imposed by law on a peace officer
is a peace officer, and notwithstanding any other provision of law,
no person other than those designated in this chapter is a peace
officer. The restriction of peace officer functions of any public
officer or employee shall not affect his or her status for purposes
of retirement.

830.1. (a) Any sheriff, undersheriff, or deputy sheriff, employed
in that capacity, of a county, any chief of police of a city or
chief, director, or chief executive officer of a consolidated
municipal public safety agency that performs police functions, any
police officer, employed in that capacity and appointed by the chief
of police or chief, director, or chief executive of a public safety
agency, of a city, any chief of police, or police officer of a
district, including police officers of the San Diego Unified Port
District Harbor Police, authorized by statute to maintain a police
department, any marshal or deputy marshal of a superior court or
county, any port warden or port police officer of the Harbor
Department of the City of Los Angeles, or any inspector or
investigator employed in that capacity in the office of a district
attorney, is a peace officer. The authority of these peace officers
extends to any place in the state, as follows:

(1) As to any public offense committed or which there is probable
cause to believe has been committed within the political subdivision
that employs the peace officer or in which the peace officer serves.


2250.1. (a) The commissioner shall establish special designations
of peace officers within the Department of the California Highway
Patrol to assist in the transfer of responsibilities from the
California State Police Division to the Department of the California
Highway Patrol. The peace officers so designated include all peace
officers of the former California State Police Division on July 11,

1995. These specially designated peace officers are peace officers
as defined in subdivision (a) of Section 830.2 of the Penal Code.

(b) Peace officers designated in subdivision (a) shall become
members of the Department of the California Highway Patrol, as
described in Section 2250, by meeting the training requirements and
qualifications for those positions as established pursuant to Section
19818.6 of the Government Code or with the approval of the State
Personnel Board Executive Officer.

(c) Individuals granted reemployment or reinstatement on or after
July 12, 1995, to peace officer positions formerly within the
California State Police Division shall be reinstated to the peace
officer designations established by the commissioner pursuant to this
section.



2267. (a) No person shall be appointed as a member of the
California Highway Patrol who is not a citizen of the United States.



2105. Except as in this chapter otherwise provided, the provisions
of Chapter 2 (commencing at Section 11150) of Part 1 of Division 3 of
Title 2 of the Government Code shall govern and apply to the conduct
of the department in every respect the same as if the provisions
were set forth in this code, and wherever in that chapter the term
"head of the department" or similar designation occurs, for the
purposes of this division, it shall mean the commissioner.

2108. The commissioner shall perform all duties, exercise all powers and jurisdiction, assume and discharge all responsibilities, and carry out and effect all purposes vested by law in the department.

Notwithstanding any other provision of law, the commissioner may administratively determine the geographic area of residence of any member of the department in order to assure the availability of such member for emergency service and the discharge of departmental responsibilities.

40000.3. A violation expressly declared to be a felony, or a public offense which is punishable, in the discretion of the court, either as a felony or misdemeanor, or a willful violation of a court order which is punishable as contempt pursuant to subdivision (a) of Section 42003, is not an infraction.



2400. (a) The commissioner shall administer Chapter 4 (commencing with Section 10850) of Division 4, Article 3 (commencing with Section 17300) of Chapter 1 of Division 9, Division 10 (commencing with
Section 20000), Division 11 (commencing with Section 21000) except Chapter 11 (commencing with Section 22950), Division 12 (commencing with Section 24000), Division 13 (commencing with Section 29000), Division 14(commencing with Section 31600), Division 14.1 (commencing with Section 32000), Division 14.5 (commencing with Section 33000), Division 14.7 (commencing with Section 34000), Division 14.8 (commencing with Section 34500), Division 15 (commencing with Section 35000), Division 16 (commencing with Section 36000) except Chapter 2 (commencing with Section 36100) and Chapter
3 (commencing with Section 36300), and Division 16.5 (commencing with Section 38000) except Chapter 2 (commencing with Section 38010).

(b) The commissioner shall enforce all laws regulating the operation of vehicles and the use of the highways except that, on
ways or places to which Section 592 makes reference, the commissioner
shall not be required to provide patrol or enforce any provisions of
this code other than those provisions applicable to private
property.