Random question regarding search and seizure laws

[justalayman]

I could just say " officer please note on the citation I choose to make a special appearance

and the officer will then say:

please exit the vehicle and put your hands behind your back. Since you will not make a promise to appear, without exception, I guess I will just have to make sure you do get to court.

 

[Dillon]

and the officer will then say:

please exit the vehicle and put your hands behind your back. Since you will not make a promise to appear, without exception, I guess I will just have to make sure you do get to court.

I sign the citation, so no arrest is required or allowed, i just want the officer to note what kind of appearance of the two, I will be making in court. to get it on the record for appeal.

the note on the citation is for the court, it does not concern the officer.

 

[justalayman]

i sign the citation, so no arrest is required or allowed, i just want the officer to note what kind of appearance of the two, I will be making in court. to get it on the record for appeal.

the note on the citation is for the court, it does not concern the officer.

there will be no notes. You either sign the citation as is or take a ride with the nice officer.

 

[Dillon]

and the officer will then say:

please exit the vehicle and put your hands behind your back. Since you will not make a promise to appear, without exception, I guess I will just have to make sure you do get to court.

the law allows for exception for just cause. like lack of subject matter and personal jurisdiction or for ilness etc...

 

[justalayman]

the law allows for exception for just cause. like lack of subject matter and personal jurisdiction or for ilness etc...

does it smell funny where you are? It must because you are so full of BS is must reek there.

 

[Dillon]

there will be no notes. You either sign the citation as is or take a ride with the nice officer.

the judge will not be every happy with him for that.

 

[justalayman]

the judge will not be every happy with him for that.

really?

Again, you are wrong Dillon. The judge does not control what is written or not written on a citation. It is the officers instrument to fill out as he sees proper.

It isn't something you get to alter. You either sign the thing or take a ride.

 

[Dillon]

does it smell funny where you are? It must because you are so full of BS is must reek there.

i think its YOU,

just kidding have a nice day

 

[Dillon]

really?

Again, you are wrong Dillon. The judge does not control what is written or not written on a citation. It is the officers instrument to fill out as he sees proper.

It isn't something you get to alter. You either sign the thing or take a ride.

for starters, tampering with evidence, notice to agent is notice to principal, etc...

i see his notice to appear, now notice my notice for clarification. (im trying to obey the law, but i need more information)

i could write it on a piece of paper for him or it can be noted on the ciiation, which is better for him? so it wont get lost?

-----------

 

[justalayman]

for starters, tampering with evidence, notice to agent is notice to principal, etc...

a citation is not evidence. A citation is not a mechanism to transmit love notes to the judge. It is a recordation of the facts of the case and your signature is simply an acknowledgment of your promise to address the citation as ordered to. If you refuse to sign it as an acknowledgment of such, you will not be released ROR and instead taken to jail where you will have the opportunity to address a judge directly.

 

[CdwJava]

exigency in this case NO, but PC maybe. its nice to know the options

It depends on state law. In CA the odor of marijuana can be sufficient to give articulable probable cause, and the fact that the odor is coming from a vehicle would create the exigency.

its called a conditional agreement/ACCEPTANCE and its perfectly lawful and legal.

Conditional Acceptance

A conditional acceptance, sometimes called a qualified acceptance, occurs when a person to whom an offer has been made tells the offeror that he or she is willing to agree to the offer provided that some condition or event occurs.

You are assuming that negotiation is possible. Assuming you are still talking about a notice to appear, then you are wrong. You generally have two choices: Sign the notice and agree to promise to appear as indicated, or do NOT sign it and go to jail or before a magistrate (if one is available). The person being cited does not get to negotiate the conditions of his or her release. Try it sometime ... see how far that gets you.

there are at least two types of appearances at law, special and general, as the citation does not specify which one is required I choose special appearance where court jurisdition must be proven on the record of the court.

Huh? What kind of balderdash is that?

I could just say " officer please note on the citation I choose to make a special appearance

You could SAY what you want, but it would be moot. I would simply inform you that the notice still says to appear as indicated and that your failure to appear can result in a warrant being issued for your arrest. What tack you might take later would be up to you.

Oh, and the court will not give a rat's behind what you write on the citation so long as you signed the notice agreeing to appear. If you signed it, and you fail to appear as indicated, then the local gendarme may come a-knockin'!

 

[Dillon]

a citation is not evidence. A citation is not a mechanism to transmit love notes to the judge. It is a recordation of the facts of the case and your signature is simply an acknowledgment of your promise to address the citation as ordered to. If you refuse to sign it as an acknowledgment of such, you will not be released ROR and instead taken to jail where you will have the opportunity to address a judge directly.

a note on the citation is testimony evidence for the court. anything you say can and will be used against you in court, Right?

actually, its my understanding, a citation is stating the laws the officer claims you broke (conclusions of law) with no facts stated in the officer own hand. facts, like damages, injured parties, etc.... (no facts are stated in most minor traffic citations)

i promise to appear, but i need proof of juridiction, so, prove it in writting or you do not have it. (clarifiy how the court got it or you have the wrong man) innocent till proven quilty, Right?

 

[Dillon]

It depends on state law. In CA the odor of marijuana can be sufficient to give articulable probable cause, and the fact that the odor is coming from a vehicle would create the exigency.


You are assuming that negotiation is possible. Assuming you are still talking about a notice to appear, then you are wrong. You generally have two choices:

Huh? What kind of balderdash is that?

the odor will be there tomorrow, get an e-warrant, follow the law.

you have a third choice, which is timely challange of jurisdiction by legal notice.

General Appearance, the act by which a defendant completely consents to the jurisdiction of the court by appearing before it either in person or through an authorized representative thereby waiving any jurisdictional defects that might be raised except for that of the competency of the court.

A general appearance differs from a special appearance in which a defendant agrees to submit to the jurisdiction of the court for a restricted purpose, such as to test whether the Service of Process made upon him or her was legally sufficient.


jurisdictional defect like the complaintant (the officer) served the process (the traffic summons) a no no against the rules of court.
a summon must be served by a disinterested third party.

WOW

 

[CdwJava]

Okay ... Dillon, you don't get it.

I think we're done here.

 

[CavemanLawyer]

He's pulling your leg. He does this in every topic he posts in. Three pages of nonsense here means he accomplished his goal. Just do what I do, ignore him and report his posts to the moderators.