Traffic stop is an arrest, part II

What if the so-called driver wasn't on the public roadways?

What if a [p]erson was two-tracking in the sand hills and a State Trooper seen the individual, turned around and chased down the four-wheel dirt machine.

What if the four-wheel dirt machine wasn't registered with the State, and then the State Trooper became upset, then arrested the individual and tossed the [p]erson in jail with no bond for his/her release?

What if...?

[weishaupt1776]

WG102 check your email

If it turns out ifind out no road survey is taken can the state police or court be sued because they were violating federal law and still engaging in a speed trap or racketeering.Even though they do that now. Perhaps i can file a motion to have all past violations over turned. I am currently in the process of providing a state senator a request to force them to reveal if they have atken one or not.

If the public road they use as an excuse to punish you do not exist in the specific place, they use the "zoning inspectors". These last do not acknowledge the private and invade all your movements, including your walks.

[Codee]

Looks like I may be a couple months late on this but these are court views on different aspects of California traffic arrests. My added emphasis is in BOLD

*First, Traffic stops are arrests, and they are "costodial."

P.C. 834. "An arrest is taking a person into custody, in a case and in the manner authorized by law. An arrest may be made by a peace officer or by a private person."


Ninth Circut Court of Appeals Nos. 95-55946,
95-55947. held that:
"Under California law, a traffic citation is considered an "arrest," see Cal. Pen.Code s 853.5 (West Supp.1996), for which an officer must have probable cause. See, e.g., People v. Parnell, 16 Cal.App.4th 862, 875, 20 Cal.Rptr.2d 302, 309 (1993)."

The cicut court however got it wrong. A citation is not an arrest, but a release from arrest.

P.C. 836.5.(c) "In any case in which a person is arrested pursuant to subdivision (a) and the person arrested does not demand to be taken before a magistrate, the public officer or employee making the arrest shall prepare a written notice to appear and release the person on his or her promise to appear, as prescribed by Chapter 5C (commencing with Section 853.5)."

P.C. 853.5. (a) "Except as otherwise provided by law, in any case in which a person is arrested for an offense declared to be an infraction, the person may be released according to the procedures set forth by this chapter for the release of persons arrested for an offense declared to be a misdemeanor."

*The above talks about you once you have been arrested. The following is the the code that police use to claim they have been given the authority to arrest for infractions in California.

P.C. 19.7. "Except as otherwise provided by law, all provisions of law relating to misdemeanors shall apply to infractions including, but not limited to, powers of peace officers..."

Coupled with

P.C. 836. (a) A peace officer may arrest a person ... 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..."

Now observe what probable cause is

U.S. Supreme Court
BECK v. OHIO, 379 U.S. 89 (1964)
"Whether that arrest was constitutionally valid depends in turn upon whether, at the moment the arrest was made, the officers had probable cause to make it - whether at that moment the facts and circumstances within their knowledge and of which they had reasonably trustworthy information were sufficient to warrant a prudent man in believing that the petitioner had committed or was committing an offense. Brinegar v. United States, 338 U.S. 160, 175 -176; Henry v. United States, 361 U.S. 98, 102 ."

Traffic infractions are not "pulic offenses" which is to say they are not "offenses" because they are deffinitly not private offenses (Although they really probably are offenses against the "state" in private buisness and not the public people but the court can't say that) This is represented in People v. Battle 50 Cal. App. 3rd Supp.1 and was subsequently upheld by the California Supreme Court
"we must conclude that it was not the intent of the Legislature to enact inconsistent statutes and, further, that when it added the term "public offense" to section 16 it was not so categorizing infractions because if it did so, it would have caused inconsistency between sections 19c and 689 of the Penal Code." [People v. Battle 50 Cal. App. 3rd Supp.1]

So no probable cause to arrest exists there. Also the concept of civil arrest was only used historically and only in post judgment circumstances to secure a an adjudicated debt. Civil arrest is also an affront to your privacy. The following case applies to a home invasion but is insiteful.

WELSH v. WISCONSIN, 466 U.S. 740 (1984)

"Held: The warrantless, nighttime entry of petitioner's home to arrest him for a civil, nonjailable traffic offense, was prohibited by the special protection afforded the individual in his home by the Fourth Amendment. Pp. 748-754."

[Codee]

From this in California law I assume that the police cannot force me to show them a License. They can only make me give credable identification (which they never ask for, only "Do you have a driver's license?" which you will now answer "Don't need to show you one. What is your probable cause that I don't have one, cause you'll be needin that if you want include "driving without a license" charge" You don't even have to give him your name, just a thumbprint. He can also make you sign a ticket (but not legibly)

853.5. (a) Except as otherwise provided by law, in any case in which a person is arrested for an offense declared to be an infraction, the person may be released according to the procedures set forth by this chapter for the release of persons arrested for an offense declared to be a misdemeanor. In all cases, except as specified in Sections 40302, 40303, 40305, and 40305.5 of the Vehicle Code, in which a person is arrested for an infraction, a peace officer shall only require the arrestee to present his or her driver's license or other satisfactory evidence of his or her identity for examination and to sign a written promise to appear contained in a notice to appear. If the arrestee does not have a driver's license or other satisfactory evidence of identity in his or her possession, the officer may require the arrestee to place a right thumbprint, or a left thumbprint or fingerprint if the person has a missing or disfigured right thumb, on the notice to appear. Except for law enforcement purposes relating to the identity of the arrestee, no person or entity may sell, give away, allow the distribution of, include in a database, or create a database with, this print. Only if the arrestee refuses to sign a written promise, has no satisfactory identification, or refuses to provide a thumbprint or fingerprint may the arrestee be taken into custody. (b) A person contesting a charge by claiming under penalty of perjury not to be the person issued the notice to appear may choose to submit a right thumbprint, or a left thumbprint if the person has a missing or disfigured right thumb, to the issuing court through his or her local law enforcement agency for comparison with the one placed on the notice to appear. A local law enforcement agency providing this service may charge the requester no more than the actual costs. The issuing court may refer the thumbprint submitted and the notice to appear to the prosecuting attorney for comparison of the thumbprints. When there is no thumbprint or fingerprint on the notice to appear, or when the comparison of thumbprints is inconclusive, the court shall refer the notice to appear or copy thereof back to the issuing agency for further investigation, unless the court finds that referral is not in the interest of justice.
(c) Upon initiation of the investigation or comparison process by referral of the court, the court shall continue the case and the speedy trial period shall be tolled for 45 days.
(d) Upon receipt of the issuing agency's or prosecuting attorney's response, the court may make a finding of factual innocence pursuant to Section 530.6 if the court determines that there is insufficient evidence that the person cited is the person charged and shall immediately notify the Department of Motor Vehicles of its determination. If the Department of Motor Vehicles determines the citation or citations in question formed the basis of a suspension or revocation of the person's driving privilege, the department shall immediately set aside the action.
(e) If the prosecuting attorney or issuing agency fails to respond to a court referral within 45 days, the court shall make a finding of factual innocence pursuant to Section 530.6, unless the court finds that a finding of factual innocence is not in the interest of
justice.