Archive for May, 2011

THEY DON’T GOTTA:  Police only have DISCRETION to make arrests without a warrant

USE WWW.CATICKETBUSTERS.COM to fight and beat your traffic ticket.

The law professor who wrote the attached law review article hit the nail on the head, cops only have DISCRETION to arrest when they observe CRIME, but they don’t gotta!

CALIFORNIA GOVERNMENT CODE 14. “Shall” is mandatory and “may” is permissive.

As everyone who gets this should know, the so-called “traffic stop” is an arrest. See: Cal. Veh. Code §40300, 40500, 40504. And an arrest without a warrant is a WARRANTLESS ARREST.

The attachment is about technology and the ELIMINATION OF DISCRETION for cops to make warrantless arrests. It will be left to AUTOMATED SYSTEMS (black boxes) referred to in the attached law review article.

I don’t care about the technology aspect of the article, I care that a law professor acknowledged what a few of us know, cops don’t HAVE TO arrest without a warrant for ANY CRIME, it’s OPTIONAL. Don’t believe me, see Penal Code section 836 where the Legislature provided the term “may”, as in “…peace officer may…”. Remember MAY is PERMISSIVE. In fact, I assert they’re BREAKING THE LAW when they make a warrantless arrest for an infraction because infractions are not crimes and police only have DISCRETION to arrest without a warrant for CRIME. So the issue is that cops are ACTING BEYOND THE SCOPE OF THEIR AUTHORIZED DUTY and have NO DISCRETION to arrest without a warrant for NON-CRIMINAL activity.

This is a post from a friend of mine, Rich Iverson, who has mastered the California Vehicle Code and it’s violations of our rights. One of the best motivators he has on his sign-off of his emails is: CALIFORNIA CIVIL CODE 3527. The law helps the vigilant, before those who sleep on their rights.

My highlights begin on p. 4

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Ronald Cupp PhD
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Fighting and Beating your Traffic or Speeding ticket in California, another success story!

Success story from student daniel-crpz@****.com

On May 10th, 2011, Daniel wrote: email #5

Case Dismissed

With all my heart, I thank you for busting my ticket. I believed the traffic cop got intimidated on the papers I filed. Coz the commissioner ordered the case dismissed if I let go of the 3 motions, you told me to file.

He is no show at the hearing. I will tell my friends to enroll in ur program if they have a ticket. I am the living proof.

Good Going Daniel! You have to feel empowered now with your victory after standing up for yourself in court

On May 9th, 2011, Daniel wrote: email #4

SUBJECT LINE: 1st Court Appearance outcome

Hi,Whewwwww. The video’s was exactly the same setting and it helped me a lot to face the commissioner. Waving the docs. and not even want to read them. I have it put on record.I have submitted the 3 motions, namely: (he copied me PDF with his 3 motions)

- Request for a verified complaint – 2 sets

- Demur to the notice to Appear – 3 sets

- Discovery Request - 2 sets

The commissioner entered “not guilty plea” even when I recited why I cannot enter a plea.

He showed me the valid complaint which is the ticket itself and told me to pay on April 25, 2011 – $220.00  and my court date on May 10,2011 at 1:15 pm. Instructed to give the clerk outside to have my motions “Received 4/04/11″ which the clerk does not want to received but I was able to explain that I need these motions acted upon, so I have those documents that I needed for my defense. Clerk had to call supervisor and had to wait for 30 minutes. Got back docs after stamping received –  1 set each for verified complaint and Discovery request and two copies for Demur to the notice to appeal.

My question:

I have sent email questions, how come nobody answers it?????? (it is because he was sending questions to the Admin email and we only check once a week, it has an autoresponder that states we cannot answer questions!)

Thanks

Daniel

ON May 2nd, 2011 Daniel wrote email #3

On May 10, 2011 I have a traffic court hearing. What can I expect? How do I present my case if they did not answer my three motions? Can you please give me some booster statements as I am really nervous with the time I have to appear in court.

Please, today, I need ur answers as tomorrow will be my court hearing. I am nervous.

Thanks

Daniel

On April 7, 2011 Daniel wrote email #2


(Sent him link to our site with court info www.courtinfo.com and how to properly respond)

Thank you for your reply. Need the address for the DA so that I can hand deliver my demurer. Can you please email me the address. It is not yet late to do it right????Again, thank you

On April 6, 2011 Daniel wrote email #1

Thank you, I was able to hurdle the 1st court appearance last April 4,2011 – doing the scripted dialogue so that the commissioner understands my stand on the case. My question: Do I have to hand deliver the \”Demurer to \”Notice to Appear\” to the office of the DA or just have it through certified mail with return receipt. The commissioner did not even bother to read it and just told me \”received stamp by the clerk\” who was receiving payments for the bonds on traffic tickets.

Ronald Cupp PhD

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ps:


We always love to hear about your victories and overcoming your problems in the process, and want you to share for the benefit of others.


We always protect your privacy or rights so we block out part of your phone number or email.


Please share this with friend or loved ones who need help and please comment on the blog or youtube channel!

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