Cody's Right To Travel

[Bulletproof Monk]

This from our Motor Vehicle Act:

19A—Vehicles registered etc interstate or overseas
(1) A motor vehicle may be driven in this State without registration under this Act if—
(a) the garage address of the vehicle is outside this State and the vehicle is in this State for the purpose of temporary use; and
(b) the vehicle—
(i) is registered in another State or Territory of the Commonwealth or in a foreign country; or
(ii) is permitted to be driven on roads within another State or Territory of the Commonwealth by virtue of a permit or other authority granted and in force under the law of that other State or Territory; and
(c) any current registration label, certificate, card, permit and plate or plates that are required to be affixed to the vehicle if it is to be driven in accordance with the law of that other State or Territory or foreign country are duly affixed to the vehicle in accordance with that law; and
(d) any conditions or restrictions imposed on the use of the vehicle by virtue of the law of that other State or Territory or foreign country are complied with; and
(e) there is in force in relation to the vehicle a policy of insurance—
(i) —
(A) in the case of a vehicle registered in a foreign country—that complies with Part 4 of this Act; or
(B) in any other case—that complies with the law of the State or Territory in which it is registered or permitted to be driven as referred to in paragraph (b)(ii); and
(ii) under which the owner and driver of the vehicle are insured against liability that might be incurred in respect of death of, or bodily injury to, any person caused by, or arising out of the use of, the vehicle in this State. (for at least $5m phoney dollars)

[charlesa6]

Originally Posted by Codee

ALright. See ya all monday Mail box empty. Sorry,,, "Light up and slumber for me..." once I smoked this joint on a cop car.....


Oh well that for another thread.

O yea, I miss that. Groovy baby!!!

[Codee]

Originally Posted by Bulletproof Monk

This from our Motor Vehicle Act:

19A—Vehicles registered etc interstate or overseas
(1) A motor vehicle may be driven in this State without registration under this Act if—
(a) the garage address of the vehicle is outside this State and the vehicle is in this State for the purpose of temporary use; and
(b) the vehicle—
(i) is registered in another State or Territory of the Commonwealth or in a foreign country; or
(ii) is permitted to be driven on roads within another State or Territory of the Commonwealth by virtue of a permit or other authority granted and in force under the law of that other State or Territory; and
(c) any current registration label, certificate, card, permit and plate or plates that are required to be affixed to the vehicle if it is to be driven in accordance with the law of that other State or Territory or foreign country are duly affixed to the vehicle in accordance with that law; and
(d) any conditions or restrictions imposed on the use of the vehicle by virtue of the law of that other State or Territory or foreign country are complied with; and
(e) there is in force in relation to the vehicle a policy of insurance—
(i) —
(A) in the case of a vehicle registered in a foreign country—that complies with Part 4 of this Act; or
(B) in any other case—that complies with the law of the State or Territory in which it is registered or permitted to be driven as referred to in paragraph (b)(ii); and
(ii) under which the owner and driver of the vehicle are insured against liability that might be incurred in respect of death of, or bodily injury to, any person caused by, or arising out of the use of, the vehicle in this State. (for at least $5m phoney dollars)

Yes Bulletproof. And if any State in this country has the same law as that then they can just pony on to the California cites!

[Codee]

PENAL CODE AND ITS MISAPPLICATION TO OTHER CODES.

CALIFORNIA CODES
PENAL CODE
SECTION 830-832.17

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.

So right away I am thinking that it weird that a “Public offense committed or which…” is in reference to a “PLACE.” Seems like the word “which…” should be “where.” I just want to shed additional light on how crappy all of these statutes are written. Also we are seeing that the power of peace officer is limited to “areas”, which I will henceforth refer to as “situations” or some other like noun, in which there is probable cause that a “public offense” has occurred. Public offense includes the same things as “crimes.”

This code is littered with actual crimes, of which most are applicable to a natural person. In this code we will find statutes against “fraud” “murder (187)” “assault” and other crimes. It is important to not injure others as it is there right to be left alone to a reasonable degree. A reasonable degree includes not having your property destroyed without just cause. It is important however to analyze this code as it describes the scope, definition, and authority of “peace officers.” Other codes will make some public officers “peace officers.” There is no authority for a peace officer to arrest a person on an infraction that I have been able to locate.

The above means to me that when a copper puts on his Fourth of July celebration in my rear view for an infraction then he is impersonating a peace officer as he is not within the scope of his employment and thus is not acting as peace officer but is using peace officer tactics to get me pulled over and hand me notice of a civil violation. Number two below seems to regonize a place but does not mention the authority, like a public offense. I have to read this in conjunction with the entire section and I do not feel that peace officers were givewn authority to make arrests on non-public offenses. I do not see what it is in nuber two which makes him a peace officer and I doubt that he has more power when in another jurisdiction which is what would be concluded if he did not need a public offense to make an arrest because of subsection 2.

California Penal Code
830.1. (2) Where the peace officer has the prior consent of the chief of
police or chief, director, or chief executive officer of a
consolidated municipal public safety agency, or person authorized by
him or her to give consent, if the place is within a city or of the
sheriff, or person authorized by him or her to give consent, if the
place is within a county.
(3) As to any public offense committed or which there is probable
cause to believe has been committed in the peace officer's presence,
and with respect to which there is immediate danger to person or
property, or of the escape of the perpetrator of the offense.
(b) The Attorney General and special agents and investigators of
the Department of Justice are peace officers, and those assistant
chiefs, deputy chiefs, chiefs, deputy directors, and division
directors designated as peace officers by the Attorney General are
peace officers. The authority of these peace officers extends to any
place in the state where a public offense has been committed or where
there is probable cause to believe one has been committed.
(c) Any deputy sheriff of the County of Los Angeles, and any
deputy sheriff of the Counties of Butte, Kern, Humboldt, Imperial,
Inyo, Kings, Mendocino, Plumas, Riverside, San Diego, Santa Barbara,
Shasta, Siskiyou, Solano, Sonoma, Sutter, Tehama, Tulare, and
Tuolumne who is employed to perform duties exclusively or initially
relating to custodial assignments with responsibilities for
maintaining the operations of county custodial facilities, including
the custody, care, supervision, security, movement, and
transportation of inmates, is a peace officer whose authority extends
to any place in the state only while engaged in the performance of
the duties of his or her respective employment and for the purpose of
carrying out the primary function of employment relating to his or
her custodial assignments, or when performing other law enforcement
duties directed by his or her employing agency during a local state
of emergency.

[Codee]

Perhaps the following statute will clear this up. Notice how the following declares that their powers extend "throughout the state” but their authority of Subject matter jurisdiction is clipped. That is what I am seeing. I see that the authority of a peace officer must be given somewhere for arrest on infractions,,, yet I do not see the authority.

CAl. 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.
(b) A member of the University of California Police Department appointed pursuant to Section 92600 of the Education Code, provided that the primary duty of the peace officer shall be the enforcement of the law within the area specified in Section 92600 of the Education Code.
(c) A member of the California State University Police Departments appointed pursuant to Section 89560 of the Education Code, provided that the primary duty of the peace officer shall be the enforcement of the law within the area specified in Section 89560 of the Education Code.
(d) (1) Any member of the Law Enforcement and Investigations Unit of the Department of Corrections, provided that the primary duties of the peace officer shall be the investigation or apprehension of parolees, parole violators, or escapees from state institutions, the transportation of those persons, and the coordination of those activities with other criminal justice agencies.
(2) Any member of the Office of Internal Affairs of the Department of Corrections, provided that the primary duties shall be criminal investigations of Department of Corrections personnel and the coordination of those activities with other criminal justice agencies. For purposes of this subdivision the member of the Office of Internal Affairs shall possess certification from the Commission on Peace Officer Standards and Training for investigators, or have completed training pursuant to Section 6126.1 of the Penal Code.
(e) Employees of the Department of Fish and Game designated by the director, provided that the primary duty of those peace officers shall be the enforcement of the law as set forth in Section 856 of the Fish and Game Code.
(f) Employees of the Department of Parks and Recreation designated by the director pursuant to Section 5008 of the Public Resources Code, provided that the primary duty of the peace officer shall be the enforcement of the law as set forth in Section 5008 of the Public Resources Code.
(g) The Director of Forestry and Fire Protection and employees or classes of employees of the Department of Forestry and Fire Protection designated by the director pursuant to Section 4156 of the Public Resources Code, provided that the primary duty of the peace officer shall be the enforcement of the law as that duty is set forth in Section 4156 of the Public Resources Code.
(h) Persons employed by the Department of Alcoholic Beverage Control for the enforcement of Division 9 (commencing with Section 23000) of the Business and Professions Code and designated by the Director of Alcoholic Beverage Control, provided that the primary duty of any of these peace officers shall be the enforcement of the laws relating to alcoholic beverages, as that duty is set forth in Section 25755 of the Business and Professions Code.
(i) Marshals and police appointed by the Board of Directors of the California Exposition and State Fair pursuant to Section 3332 of the Food and Agricultural Code, provided that the primary duty of the peace officers shall be the enforcement of the law as prescribed in that section.
(j) The Inspector General, pursuant to Section 6125, and the Chief Deputy Inspector General In Charge, the Senior Deputy Inspector General, the Deputy Inspector General, and those employees of the Inspector General as designated by the Inspector General, are peace officers, provided that the primary duty of these peace officers shall be conducting audits of investigatory practices and other audits, as well as conducting investigations, of the Department of Corrections, the Department of the Youth Authority, the Board of Prison Terms, the Youthful Offender Parole Board, or the Board of Corrections.

[idknow]

Originally Posted by weishaupt1776

The core of an SMJ challenge is the fact that there is no express delegation from the people to form the DMV in the first place.

If no such delegation exists, then the agency doesn't really exist pursuant to the constitution (of any state)

wait-a cotton pickin second

isn't an SMJ in the form of an abatement to begin with?

I mean, when I had recent landlord's-agent problems i abated their notice with corrections and they couldnt comply.

Shut-out.

No, sure, there is plenty of court opinion regarding SMJ's flexibility as to when it can be asserted but, as we all know, just because there is valid opinion does NOT mean that the "liar" will obey,

Frankly, my Dear, i'm rather fond of the discussion here from most whore actually engaged IN front-line battles with traffic citiations and "gettin all upity in their faces!"

heh

there is a time and a place for a certain opening and continuing strategy (think chess) to achieve the desired outcome.

I'm not advocating "arguing" but a stance or position.

[idknow]

Originally Posted by weishaupt1776

It's not hard to prove at all. All you have to do is show who the real political power holders are in the Dec of Rights of the Const
Then show how in law that the people must expressly delegate powers in the constitution

This can be proven w/black letter constitutional language, such as how certain agencies are created BY THE PEOPLE TO the legislatures

Such as in Florida, the Fish and Wildlife Commission is established by the peoplein the constitution EXPRESSLY

Then the powers are delegated FROM the people TO the legislature regarding how it is to be administered and enforced

However, the DMV is not in the constitution; so it is HARDER FOR THEM to prove that the DMV IS a constitutional agency NOT VICE VERSA.

NOw, it would be much harder for me to prove that the Fish and Wildlife Comm is not constitutional

I would rather attack the very core of what they are presuming (that their agency is a lawfully established one)

If the agency doesn't exist, then the code regarding that doesn't exist either

However, another deeper level exists in that any body politic composed of U.S. Citizens is a Constitutional Nullity, and that was the foundation of my NO DL case that the judge threw out.

Not to detract from your thread, but I am just rolling with what I am learning about SMJ and PJ lately

it might be easier to begin with the .us-.uk treaties of the 1780s made in France.

Clearly those treaties show the King's plenopotentiary negotiating from a very strong vantage point!

[Shoonra]

Originally Posted by Codee

Perhaps the following statute will clear this up. Notice how the following declares that their powers extend "throughout the state” but their authority of Subject matter jurisdiction is clipped. That is what I am seeing. I see that the authority of a peace officer must be given somewhere for arrest on infractions,,, yet I do not see the authority.

Not much good trying to cite the Penal Code when the business about DLs and traffic tickets is in the Highway Code ... but this provision in the Penal Code says that certain persons in various branches of law enforcement are considered as "peace officers" (for the purpose of other provisions of the Penal Code that say a peace officer can do this or that)... but only those person who are actually out in the field enforcing the laws and regs, not the desk jockies and computer geeks. Same sort of selectivity for highway patrol as for park rangers and prison guards.

[Codee]

Originally Posted by Shoonra

Not much good trying to cite the Penal Code when the business about DLs and traffic tickets is in the Highway Code ... but this provision in the Penal Code says that certain persons in various branches of law enforcement are considered as "peace officers" (for the purpose of other provisions of the Penal Code that say a peace officer can do this or that)... but only those person who are actually out in the field enforcing the laws and regs, not the desk jockies and computer geeks. Same sort of selectivity for highway patrol as for park rangers and prison guards.

Shoonra, You are not from California so could not know. Your comments appear to be very valid. However this is another aspect. It is in the penal code that peace officers are defined. The vehicle code (not the highway code, which deals with road construction standards) refrences "peace officers." It is therefore important to know what a peace officer is and what they may or may not be able to do and where and when they they may do what they are empowered to do.

California Vehicle code

22651. Any peace officer, as defined in Chapter 4.5 (commencing
with Section 830) of Title 3 of Part 2 of the Penal Code,

Originally Posted by California vehicle Code

CALIFORNIA CODES
VEHICLE CODE
SECTION 2800-2818

2800. (a) It is unlawful to willfully fail or refuse to comply with
any lawful order, signal, or direction of any peace officer, as
defined in Chapter 4.5 (commencing with Section 830) of Title 3 of
Part 2 of the Penal Code,

Correct on all of the other points. It is the men that in the course of their duty. But where is there duty to arrest me for non-criminal, non-public offenses? It is just not there Shoonra. Please point it out to me. I have searched and cannot find it in the statutes clearly stated. I do not need a court "opinion." I need to see the law in writing.

[Codee]

Do we see this little beauty,

California CIVIL Code

4. The rule of the common law, that statutes in derogation thereof are to be strictly construed, has no application to this Code. The Code establishes the law of this State respecting the subjects to which it relates, and its provisions are to be liberally construed with a view to effect its objects and to promote justice.

Now if this was to be interpreted for all of the codes then why do they repeat it here…

California PENAL CODE

4. The rule of the common law, that penal statutes are to be strictly construed, has no application to this Code. All its provisions are to be construed according to the fair import of their terms, with a view to effect its objects and to promote justice.

Here is section 4 from the vehicle code. First I want to point out that the penal code is heavy with actual crimes. It is the administrative codes that are really awful. Now the civil code an d the penal code are still not to bad of codes. If I had to live under them I could be happy.

California Vehicle Code

4. No action or proceeding commenced before this code takes effect, and no right accrued, is affected by the provisions of this code, but all procedure thereafter taken therein shall conform to the provisions of this code so far as possible.

Notice a difference. The section eliminating common law is not in the administrative codes. Tada!