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How to Find an Attorney to Protect with No Money
My question involves civil rights in the State of: California.
How do I find an attorney to follow up with "being made whole" after a dismissal of an arrest for cultivation in the interest of Justice, without any money under our form of Capitalism?
I have already invoked laches in my defense and am seeking equal protection of the law concerning laches. In my opinion, the State agency involved is now burdened with my defense of laches should this issue ever be called into question.
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Re: How to Find an Attorney to Protect with No Money
Please stop creating multiple threads on the same subject. As you were told before, there's no right to "be made whole" here.
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Re: How to Find an Attorney to Protect with No Money
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flyingron
Please stop creating multiple threads on the same subject. As you were told before, there's no right to "be made whole" here.
He is a fairly off the wall poster who apparently forgot the password for his old account, danielpalos. He will be around posting stupid stuff on the regular for a while. He spouts verbal diarrhea thinking it makes him sound smart.
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Re: How to Find an Attorney to Protect with No Money
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flyingron
Please stop creating multiple threads on the same subject. As you were told before, there's no right to "be made whole" here.
Yes, there is. Eminent domain applies to any public policy. The law was in error in this case.
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free9man
He is a fairly off the wall poster who apparently forgot the password for his old account, danielpalos. He will be around posting stupid stuff on the regular for a while. He spouts verbal diarrhea thinking it makes him sound smart.
lol. i prefer to win my arguments not resort to ad hominems, continuance, diversion, and other forms of fallacies.
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Re: How to Find an Attorney to Protect with No Money
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Daniel Palos
Yes, there is. Eminent domain applies to any public policy. The law was in error in this case.
lol. i prefer to win my arguments not resort to ad hominems, continuance, diversion, and other forms of fallacies.
Definition of eminent domain:
em·i·nent do·main
nounLaw
noun: eminent domain
the right of a government or its agent to expropriate private property for public use, with payment of compensation.
How does your situation have anything to do with expropriating private property?
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Re: How to Find an Attorney to Protect with No Money
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llworking
How does your situation have anything to do with expropriating private property?
In his goofy little world, he probably thinks the police taking his pot and/or arresting him amounts to eminent domain. He has a serious issue with understanding legal concepts per his extensive px hx under his old username. I'm betting he took a few law classes and thinks he knows it all.
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Re: How to Find an Attorney to Protect with No Money
This is one troll I'm not prepared to feed.
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Re: How to Find an Attorney to Protect with No Money
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llworking
Definition of eminent domain:
em·i·nent do·main
nounLaw
noun: eminent domain
the right of a government or its agent to expropriate private property for public use, with payment of compensation.
How does your situation have anything to do with expropriating private property?
lol. the public sector took it per public policy, but got the "terms and conditions" wrong. compensation is equitable.
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free9man
In his goofy little world, he probably thinks the police taking his pot and/or arresting him amounts to eminent domain. He has a serious issue with understanding legal concepts per his extensive px hx under his old username. I'm betting he took a few law classes and thinks he knows it all.
lol. More than You, apparently. The arrest had to be successful not a failure, the first time.
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cbg
This is one troll I'm not prepared to feed.
You have no valid arguments anyway. slacker.
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Re: How to Find an Attorney to Protect with No Money
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Daniel Palos
lol. the public sector took it per public policy, but got the "terms and conditions" wrong. compensation is equitable.
lol. More than You, apparently. The arrest had to be successful not a failure, the first time.
Your situation has nothing to do with eminent domain. They didn't take your land.
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llworking
Your situation has nothing to do with eminent domain. They didn't take your land.
There is no appeal to ignorance of express law.
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nor shall private property be taken for public use, without just compensation
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Re: How to Find an Attorney to Protect with No Money
Please explain to us then, oh wise and learned master of all things legal, for what public use did they take your pot?
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free9man
Please explain to us then, oh wise and learned master of all things legal, for what public use did they take your pot?
bigoted public policy.
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Re: How to Find an Attorney to Protect with No Money
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Daniel Palos
bigoted public policy.
Nope. Wrong. That is not a public use. Try again.
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free9man
Nope. Wrong. That is not a public use. Try again.
lol. Yes, it is an public use by the public sector for an alleged public policy objective.
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Daniel Palos
lol. Yes, it is an public use by the public sector for an alleged public policy objective.
You will find that since pot is an illegal substance in most states that the seizure of an illegal good does not require compensation by the government. You couldn't legally have it in the first place, so the government exercises its police power to take it, not its right of eminent domain. As a result, the government doesn't have to compensate you for taking it. As stated by a federal appeals court:
When property has been seized pursuant to the criminal laws or subjected to in rem forfeiture proceedings, such deprivations are not “takings” for which the owner is entitled to compensation.
Acadia Tech., Inc. v. United States, 458 F.3d 1327, 1331 (Fed. Cir. 2006). So, no, you don't know takings law as well as you think you do.
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Taxing Matters
You will find that since pot is an illegal substance in most states that the seizure of an illegal good does not require compensation by the government. You couldn't legally have it in the first place, so the government exercises its police power to take it, not its right of eminent domain. As a result, the government doesn't have to compensate you for taking it. As stated by a federal appeals court:
When property has been seized pursuant to the criminal laws or subjected to in rem forfeiture proceedings, such deprivations are not “takings” for which the owner is entitled to compensation.
Acadia Tech., Inc. v. United States, 458 F.3d 1327, 1331 (Fed. Cir. 2006). So, no, you don't know takings law as well as you think you do.
doesn't apply. i had a valid pot recommendation.
and, that federal argument won't work with me. the general government has no delegated social Power over the whole and entire concept of Prohibition since the repeal of that Bad Idea, last millennium.
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Re: How to Find an Attorney to Protect with No Money
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Daniel Palos
doesn't apply. i had a valid pot recommendation.
and, that federal argument won't work with me. the general government has no delegated social Power over the whole and entire concept of Prohibition since the repeal of that Bad Idea, last millennium.
And here we go again, your second favorite topic besides unemployment. The government has the power to regulate, which includes prohibition.
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free9man
And here we go again, your second favorite topic besides unemployment. The government has the power to regulate, which includes prohibition.
Nope; not Prohibition. Especially not with the federal Government since our Ninth and Tenth Amendments apply.
States do not have the freedom or liberty to deny or disparage our privileges and immunities without just Cause.
Article 1, Section 1
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All people are by nature free and independent and have inalienable rights. Among these are enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety, happiness, and privacy.
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Re: How to Find an Attorney to Protect with No Money
There you go again. Posting things out of context and without any supporting case law or statutory reasoning for it.
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Daniel Palos
dear, i am citing our supreme law of the State land in any conflict of laws. i don't care what silly laws are enacted by our legislature, in this case.
As I told you on your other thread, you are obviously not going to get the validation that you want on Expertlaw. I suggest that you do some actually studying while you are saving up the money for an attorney.
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Re: How to Find an Attorney to Protect with No Money
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Daniel Palos
doesn't apply. i had a valid pot recommendation.
And what exactly does a "valid pot recommendation" mean?
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Daniel Palos
and, that federal argument won't work with me. the general government has no delegated social Power over the whole and entire concept of Prohibition since the repeal of that Bad Idea, last millennium.
The state and federal governments have the police power to regulate for safety, general health, and welfare of the public. That includes the power to ban substances deemed harmful. The only reason that the federal Constitution needed to be amended to ban alcohol was for the simple reason that the advocates of prohibition wanted an absolute ban on alcohol at both the federal and state levels, and they weren't going to get it by going to Congress and every single legislature in the country, at least not very quickly. The constitutional amendment was thus a practical solution to the problem the prohibitionists had. The amendment was not legally required; Congress and the states could have banned alcohol without it.
As Congress and the states may use their police power to ban things deemed harmful, the seizure of those illegal goods pursuant to that police power does not entitle you to compensation, as the case I cited clearly states.
You have a very poor understanding of takings law. If you sue for compensation asserting eminent domain for the taking of your pot you are going to lose.
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Daniel Palos
thanks i could tell because you all have no valid arguments.
did you know that non sequiturs are usually considered fallacies and non responsive in open Court? only contemptible scoundrels do that.
Did you know that making frivolous arguments, like the arguments you have advanced here, violate court rules and may lead to sanctions being imposed on you?
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Daniel Palos
States do not have the freedom or liberty to deny or disparage our privileges and immunities without just Cause.
Article 1, Section 1
I see now you are quoting the California Constitution. Then class action it in state court if you think it applies. Federally it has no force of law. Even in state court, you loose just in basic legal concept.
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Daniel Palos
I don't buy your right wing propaganda. The Reason there had to be an amendment is Because their is no express Power delegated to Prohibit commerce. Prohibition is different from Regulation.
Whether you "buy" it or not, what I said was true. The Constitution did not need to be amended to outlaw alcohol. It was simply the most expedient way for the prohibitionists to get what they wanted: a true nationwide ban on the sale of alcohol. The courts have consistently upheld the power of the state and federal governments to ban drugs under their police power and you aren't going to get that changed by asserting eminent domain, especially with your poor understanding of takings law.