by dejure » 16 Jul 2009 13:29
Perhaps this better fits elsewhere, but I felt compelled to respond, in hopes it would spark some to strike out in other directions helpful to themselves.
On matters of “firewood inspectors,” there are things the average Joe/Josephine does not know. First, no one in [representative] “government” may wander onto private dirt to search for evidence a crime has taken place. Searching to determine if a crime as taken place is, of course, different than situations where a known crime is being investigated.
At the national level, the fact of this matter may be seen by review of the protections noted at the fourth and fifth amendment of the federal constitution. Generally, each state has similar, but more powerful protections (e.g., here in Washington, they may be found at article one, sections seven and nine). In law, these matters have been addressed in depth. From that, we have things like curtilage, which pertains to your property, whether rented or owned. What this means is, “officials may not enter onto your property to peek into your windows, or to peer inside your barn, in hopes of catching you doing something you were prohibited (by mob rule) from doing, or to catch you not doing what the mob demanded of you. If they cannot see it from the public road, or the neighboring property, they would have to break one or more laws to find the “crime.”
Implied consent may arise from the existence of a water, gas or electric meter. However, implied consent can be dealt with in various ways. For example, a meter can be positioned such that you are not required to give up a privacy right. Key to this is that we cannot be compelled to give up one right in exchange for the exercise of another. Notice may be required. This may include letters and posted signs.
Keep in mind that many, if not all public servants not normally thought of as police are, in fact, considered, in law, to be such. As such, you have certain clear rights when dealing with them (e.g., you don’t have to tell them much, since anything you say can be used against you).
A mere oral assertion, whether by of a neighbor or other, is not sufficient to create probable cause whereby a search can take place. For example, in matters considered to misdemeanors, the police must witness the act to before he can do certain things. Simply put, someone must be willing to put their head on the chopping block, so to speak, before a statement can be acted on. This can be done by affidavit (which includes declarations), complaining of the matter. Essentially, this means a false accusation can come back on the complainant, if the other person is savvy enough to sue in the civil arena.
On the matter of affidavits, a counter affidavit challenges the initial assertion, or confirms it (why would you do that?). For example: I, Ralph, of the family Schwarts, affirm that I do have dimensional lumber in my wood pile. I use this lumber for small construction projects and it is kept dry/stored their to avoid clutter...... ; Agent so and so, hereinafter respectfully referred to as “idiot,” lacks first hand knowledge by which he could make his claim. He has not witnessed me burn dimensional lumber, which I keep for the aforementioned purposes. As such, Idiot has filed a frivolous claim with this court and is, by Court Rule CR 11, for the State of Washington, subject to sanctions. Furthermore, Idiot, by his frivolous claim and other associated acts described herein, has acted outside his scope of authority and, in accordance with the laws referenced in chapter 4.92/96 RCW, may not look to the public to defend future acts to collect damages for his acts (or those of his superiors who seek to ratify his unlawful behavior done in clear conflict with the oath they have taken to uphold the Constitution.......
Perhaps this better fits elsewhere, but I felt compelled to respond, in hopes it would spark some to strike out in other directions helpful to themselves.
On matters of “firewood inspectors,” there are things the average Joe/Josephine does not know. First, no one in [representative] “government” may wander onto private dirt to search for evidence a crime has taken place. Searching to determine if a crime as taken place is, of course, different than situations where a known crime is being investigated.
At the national level, the fact of this matter may be seen by review of the protections noted at the fourth and fifth amendment of the federal constitution. Generally, each state has similar, but more powerful protections (e.g., here in Washington, they may be found at article one, sections seven and nine). In law, these matters have been addressed in depth. From that, we have things like curtilage, which pertains to your property, whether rented or owned. What this means is, “officials may not enter onto your property to peek into your windows, or to peer inside your barn, in hopes of catching you doing something you were prohibited (by mob rule) from doing, or to catch you not doing what the mob demanded of you. If they cannot see it from the public road, or the neighboring property, they would have to break one or more laws to find the “crime.”
Implied consent may arise from the existence of a water, gas or electric meter. However, implied consent can be dealt with in various ways. For example, a meter can be positioned such that you are not required to give up a privacy right. Key to this is that we cannot be compelled to give up one right in exchange for the exercise of another. Notice may be required. This may include letters and posted signs.
Keep in mind that many, if not all public servants not normally thought of as police are, in fact, considered, in law, to be such. As such, you have certain clear rights when dealing with them (e.g., you don’t have to tell them much, since anything you say can be used against you).
A mere oral assertion, whether by of a neighbor or other, is not sufficient to create probable cause whereby a search can take place. For example, in matters considered to misdemeanors, the police must witness the act to before he can do certain things. Simply put, someone must be willing to put their head on the chopping block, so to speak, before a statement can be acted on. This can be done by affidavit (which includes declarations), complaining of the matter. Essentially, this means a false accusation can come back on the complainant, if the other person is savvy enough to sue in the civil arena.
On the matter of affidavits, a counter affidavit challenges the initial assertion, or confirms it (why would you do that?). For example: I, Ralph, of the family Schwarts, affirm that I do have dimensional lumber in my wood pile. I use this lumber for small construction projects and it is kept dry/stored their to avoid clutter...... ; Agent so and so, hereinafter respectfully referred to as “idiot,” lacks first hand knowledge by which he could make his claim. He has not witnessed me burn dimensional lumber, which I keep for the aforementioned purposes. As such, Idiot has filed a frivolous claim with this court and is, by Court Rule CR 11, for the State of Washington, subject to sanctions. Furthermore, Idiot, by his frivolous claim and other associated acts described herein, has acted outside his scope of authority and, in accordance with the laws referenced in chapter 4.92/96 RCW, may not look to the public to defend future acts to collect damages for his acts (or those of his superiors who seek to ratify his unlawful behavior done in clear conflict with the oath they have taken to uphold the Constitution.......