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GoldPatriot



Joined: 30 Dec 2011
Posts: 219
Location: Waldport, Oregon

PostPosted: Mon Jul 23, 2012 11:13 pm    Post subject:  Reply with quote

NCrossman wrote:
I know this is the least of the matters here but I was wondering if this would be collusion of some sort?

And Den, you make a great point about the officer being so readily available when called.  Here is a little background. I was "arrested " in Garden Valley, ID, in BOISE County.  This town has maybe 300-400 people, give or take.  The Sheriff here is not always available, as they usually only have one that patrols over so much of Boise Co.  In fact, several weeks ago, (we don't get a lot of trashy "campers" there usually) but there was and come 1Am they were still blaring music, shooting guns and then speeding up and down the road. We called for an officer to come out and handle it. They never showed up because they didn't have anyone in the area.

Also, with my case, the response for the sheriff from when Sharkey called, was less than 5 min. to drive up. This is exceptionally rare in this county especially since it wasn't an emergency call. However, when my husband tried to call dispatch to figure out where I was being transported to, the dispatch just placed him on hold; never answering him again.  Which tells me that something was askew!

Honestly, I don't know what happened between the agent Weiss who just wanted to look at my setup in camp and then Sharkey who in my opinion impersonated an officer by being able to give me a body search and transporting me.  If this is the case of just handing assumed prisoners over to non law enforcement agencies because of an o.t. issue on the shift, then I want to be able to transport them and collect transportation fees ($25) from them. Smile


Let us be clear in regards to the actions that must now take place by Crossman’s.  The first order of business should be, in my humble opinion, to get ready for the hearing on the charge of “Obstruction”.  

As to the charge of “obstruction”:  An act which tends to impede or thwart the administration of justice.

(1)  As a matter of fact and record, there was no case at the time the Deputy stepped into the situation.  There was no act, threat or information that the agreement between the agent and Ms. Crossman as concluded, required any law enforcement assistance, post agreement.

(2)  As a matter of fact and record, Ms. Crossman at no time was asked for, demanded of or denied the Deputy, as to her legal name.

(3)  As a matter of fact and record, the Deputy without lawful cause or reason and without explanation, several times over, made demand for Ms. Crossman’s “ID”, which under the US Constitution, she had every right to deny the Deputy, given the circumstances.  The demands of the Deputy therefore, was not made for identification purposes, but rather to an attempt to intimidate Ms. Crossman.  Intimidation is a crime.

(4)  As a matter of fact and record, had the Deputy acted professionally, ethically, impartially, and within the scope of his authority, read Ms. Crossman her Miranda rights and then questioned her as to the issues for which he had been called by the agent, as part of his professional responsibilities and code of conduct, he would have made some attempt to review the facts, before acting.  

(5)  As a matter of fact and record, had the Deputy professionally interview Ms. Crossman, he would have learned that the property on which he was standing, was in fact a legal and binding Mineral estate grant and not under the rules or concerns of the agent.  

(6)  As a matter of fact and record, had the deputy sought even a cursory investigation of the pertinent facts that would be standard among law enforcement, he would have had Ms. Crossman walk him to the legal posting, that is required under Congressional law.  Then and only then, does the law allow the Deputy to ask for “ID”, as to determine the identity of Ms. Crossman, compared to the information on the posting.  

(7)  As a matter of fact and record, the Deputy failed to uphold the law and even the most basic of standard investigational protocols.

( 8 )  As a matter of fact and record, not withstanding all of the above, Ms. Crossman repeated her right of claim, repeated her demand for an explanation of the Deputy’s actions and or demands, but at no time did the Deputy engage Ms. Crossman in a professional, courteous or with respectful conduct, nor did the Deputy respond with a plain, simple, or legal answers to her questions.

(9)  As a matter of fact and record, neither the agent or the Deputy has any legal training or understanding of the laws pertaining to the issues that were instigated by both the agent and Deputy.  If not for this fact, this case would not now be pending.

(10)  As a matter of fact and record, the Deputy, a male, upon arresting Ms. Crossman, with a female agent standing at the close, never the less conducted a hand search of his female prisoner, touching her breasts, groin and other personal areas, without regard for the prisoner’s rights or policies regarding male/female contact.  


I believe that there were several witnesses at the claim that night, that may be able to validate not only the words, conduct and the non professional attitudes and actions of the agent and Deputy, but can validate that the sounds and pictures recorded on the video are authentic, accurate, uncut, unedited, real time record of the statements and conduct of the agent, Deputy and Ms. Crossman.  However, prior to the trial, each witness must sign and have notarized, an affidavit as to their individual statements of fact in this case.  

Pictures of the camp, surrounding area and of the legal posting (readable) is an absolute for purposes of establishing an overall defense.

A series of pictures and video, together with individual affidavits showing (1) where the main encampment was located, (2) where on the claim was the agent parked, (3)  Where the Deputy was parked and (4) where the legal posting is located, in reference to 1, 2, & 3.  Use a tape measure to accurately measure the distances.  Pictures, video and audio recording should be of good quality.  You want to show the court how lazy the agent and Deputy were, in not at least looking at the legal posting.  

Do all of these items over prepare you for your trial?  Yes, but better over prepared than not prepared enough.

I’m sure others may add or take  away from my suggestions, but all of us here, are willing to help.  It is after all, why I created this site.
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Woof!



Joined: 09 Jan 2012
Posts: 90
Location: Gold Trail

PostPosted: Thu Jul 26, 2012 2:42 pm    Post subject: Reply with quote

2011 Idaho Code
TITLE 18 CRIMES AND PUNISHMENTS
CHAPTER 7 ARRESTS AND SEIZURES OF PERSONS OR PROPERTY -- SPECIAL OFFICERS
18-703 ILLEGAL ARRESTS AND SEIZURES.
 

ID Code § 18-703  Illegal arrests and seizures. Every public officer, or person pretending to be a public officer, who, under the pretense or color of any process or other legal authority, arrests any person or detains him against his will, or seizes or levies upon any property, or dispossesses any one of any lands or tenements, without a regular process or other lawful authority therefor, is guilty of a misdemeanor.

_________________________________________________

2011 Idaho Code
TITLE 18 CRIMES AND PUNISHMENTS
CHAPTER 7 ARRESTS AND SEIZURES OF PERSONS OR PROPERTY -- SPECIAL OFFICERS
18-706 UNNECESSARY ASSAULTS BY OFFICERS.

ID Code § 18-706 Unnecessary assaults by officers. Every public officer who, under color of authority, without lawful necessity, assaults or beats any person, is punishable by fine not exceeding $5,000 and imprisonment in the county jail not exceeding one (1) year.

__________________________________________________

Assault - an intentional act by one person that creates an apprehension in another of an imminent harmful or offensive contact.

An assault is carried out by a threat of bodily harm coupled with an apparent, present ability to cause the harm. It is both a crime and a tort and, therefore, may result in either criminal or civil liability.

__________________________________________________

http://bulk.resource.org/courts.gov/c/F3/339/339.F3d.828.02-35119.html

Appeal from the United States District Court for the District of Idaho; Edward J. Lodge, District Judge, Presiding. D.C. No. CV-99-00138-EJL. wrote:
* An arrest is unlawful unless there is probable cause to support the arrest. Michigan v. Summers, 452 U.S. 692, 700, 101 S.Ct. 2587, 69 L.Ed.2d 340 (1981). Crowell was arrested for "resisting and obstructing officers" pursuant to Idaho Code § 18-705. Under Idaho state law, a person obstructs an officer when that person "resists, delays, or obstructs any public officer, in the discharge, or attempt to discharge, of any duty of his office." Idaho Code § 18-705. Defendant Dixon takes the view that Crowell obstructed Dixon by not telling Dixon his name and by refusing to allow Dixon to search Crowell's backpack at the Aryan Nations parade.16

38
That Crowell refused to give Dixon his name cannot be a basis for the arrest because Crowell has a "clearly established Fourth Amendment right not to identify himself." Carey v. Nevada Gaming Control Bd., 279 F.3d 873, 881-82 (9th Cir.2002) (holding that statutes authorizing arrests for obstruction of justice are unconstitutional to the extent that the arrest is based on an individual's refusal to identify himself). In Carey, we also relied on our reasoning in Lawson v. Kolender, 658 F.2d 1362, 1366 (9th Cir.1981), in which we explained that statutes authorizing arrest for a refusal to provide identification are unconstitutional because "the statutes bootstrap the authority to arrest on less than probable cause, and [because] the serious intrusion on personal security outweighs the mere possibility that identification may provide a link leading to arrest."


_____________________________________________

Carey
http://caselaw.findlaw.com/us-9th-circuit/1233078.html

Quote:
Based on the foregoing, we conclude that a reasonable officer in Spendlove's position would have known that Carey had a clearly established Fourth Amendment right not to identify himself, and that the Nevada statutes at issue, like the statutes in Lawson and Martinelli, were unconstitutional to the extent they allowed Carey to be arrested for exercising his rights.8  We therefore hold that Agent Spendlove is not entitled to qualified immunity and reverse the district court's grant of summary judgment to Agent Spendlove in his personal capacity.


_____________________________________________

OK now go make them eat crow.

If you don't go on to sue the arresting officer for damages, false arrest, unlawful search and detention under the color of law don't ever expect my help or sympathy for your non-mining issues.  Shocked

Now let's get back to mining issues.

Anybody ready to tackle the first lesson on the 1872 thread?  Very Happy

Woof!
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GoldPatriot



Joined: 30 Dec 2011
Posts: 219
Location: Waldport, Oregon

PostPosted: Thu Jul 26, 2012 4:05 pm    Post subject: Reply with quote

woof!  Great post and information.
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NCrossman



Joined: 17 Jun 2012
Posts: 60
Location: IDAHO

PostPosted: Thu Jul 26, 2012 5:22 pm    Post subject: Reply with quote

Thanks woof! You have been more than gracious! I really appreciate it friend. Looks like crow is on the menu next month!

However, I think Ill be having some steak!
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Woof!



Joined: 09 Jan 2012
Posts: 90
Location: Gold Trail

PostPosted: Thu Jul 26, 2012 9:41 pm    Post subject: Reply with quote

Don't thank me yet.

You still have to make some choices and do a lot of work.

Demand discovery and move for a dismissal.

OR

Demand discovery, adjudicate and file suit against the loser Sheriff. Take his bond, his job and a good chunk of money.

One way you go free easy and the other you win big and nobody dares mess with you again.

Either way you need to stay focused on the facts and the law. There is only one charge pending. If you mess around with other (mining or administrative) laws you will lose. If you let the DA get off with a dismissal you will probably be facing a much better prepared assault from the same jokers in a week or a month.

As I wrote... choices.

Good luck.

Woof!
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Woof!



Joined: 09 Jan 2012
Posts: 90
Location: Gold Trail

PostPosted: Tue Aug 07, 2012 6:39 am    Post subject: Reply with quote

Any update from your court date Nicole?
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NCrossman



Joined: 17 Jun 2012
Posts: 60
Location: IDAHO

PostPosted: Tue Aug 07, 2012 7:19 am    Post subject: Reply with quote

Yes! I get there and the court clerk stated that the county I was booked in didn't know when this county's judge was in. And therefore he was out of chambers yesterday. So she said she had the authority to have me sign a couple papers and to plead on the case. I plead not guilty and put the burdening on this county to furnish me with a public defender. She gave me a court date pretrial for Oct.1 and a jury trial of Dec 28... (don't quote me on that date verbatim. ) anyway that's the way small town America works I guess.

Thanks for asking woof!.
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“The desire of gold is not for gold. It is for the means of freedom and benefit.”
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GoldPatriot



Joined: 30 Dec 2011
Posts: 219
Location: Waldport, Oregon

PostPosted: Tue Aug 07, 2012 7:55 am    Post subject: Reply with quote

NCrossman wrote:
Yes! I get there and the court clerk stated that the county I was booked in didn't know when this county's judge was in. And therefore he was out of chambers yesterday. So she said she had the authority to have me sign a couple papers and to plead on the case. I plead not guilty and put the burdening on this county to furnish me with a public defender. She gave me a court date pretrial for Oct.1 and a jury trial of Dec 28... (don't quote me on that date verbatim. ) anyway that's the way small town America works I guess.

Thanks for asking woof!.


Maybe you could use a few hundred mining supporters in the courtroom... Laughing
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NCrossman



Joined: 17 Jun 2012
Posts: 60
Location: IDAHO

PostPosted: Tue Aug 07, 2012 8:12 am    Post subject: Reply with quote

GoldPatriot wrote:
NCrossman wrote:
Yes! I get there and the court clerk stated that the county I was booked in didn't know when this county's judge was in. And therefore he was out of chambers yesterday. So she said she had the authority to have me sign a couple papers and to plead on the case. I plead not guilty and put the burdening on this county to furnish me with a public defender. She gave me a court date pretrial for Oct.1 and a jury trial of Dec 28... (don't quote me on that date verbatim. ) anyway that's the way small town America works I guess.

Thanks for asking woof!.


Maybe you could use a few hundred mining supporters in the courtroom... Laughing


YES! YES, I COULD. And as I would love that! Even though this particular thing was NOT an actual Mining issue, it did start by an inquiring Blm warden about my suction recovery device.  

But just one more jab, we were forced to move off our new camp on Sunday night as we were issued a warning citation.  Nonetheless, lawsuits will fly soon. Let me fry one fish at a time and get through this "obstruction."

Thanks Den!
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“The desire of gold is not for gold. It is for the means of freedom and benefit.”
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Hefty



Joined: 30 Dec 2011
Posts: 132
Location: sacramento ca

PostPosted: Tue Aug 07, 2012 3:29 pm    Post subject: Reply with quote

NCrossman wrote:
Yes! I get there and the court clerk stated that the county I was booked in didn't know when this county's judge was in. And therefore he was out of chambers yesterday. So she said she had the authority to have me sign a couple papers and to plead on the case. I plead not guilty and put the burdening on this county to furnish me with a public defender. She gave me a court date pretrial for Oct.1 and a jury trial of Dec 28... (don't quote me on that date verbatim. ) anyway that's the way small town America works I guess.

Thanks for asking woof!.


I would have thought you were giving a court date, and no judge on that date, should have been dismissed. You were there- they were not.
Was the officer there???

Sounds fishy to me???  How can they give you a date of Oct 1 if they dont know when the judge will be there???
I would not have signed anything. I would have gotten a note from the clerk stating I was there with his/her signature and left it at that. Then the burden would have been on the court to contact you if it was to continue.

Just what i would have done.

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