Unlawful Stop Violation

My question involves a traffic ticket from the state of: California

hello there fellow friends and Experts :)

just yesterday i was in downtown Long Beach on a date, and got pulled over by a Rookie Campus Police Officer for YELLOW head lamps(NOT FOG LIGHT) which according to his knowledge is considered a illegal modification:confused: thus citing me a "Fix It Ticket". before all this happened about a year ago, in doing such a modification i did my homework check online for my state vehicle codes (CVC) and came across that i am well within the law to legally install YELLOW head lamps on my vehicle. link is below for your reference.

http://www.dmv.ca.gov/pubs/vctop/d12/vc25950.htm#

i had a copy of CVC 25950 on hand just in case i get a cop to make a U-Turn to tag me. sure enough he did, saw the red and blue lights, pulled over came up to my passenger side window (we were upon the freeway entrance) and asked him "what seems to be the problem?" (F.Y.I. i asked him in a really cool respectful chill manner.) and asked me for my "Driver License, Registration, & Proof of Insurance." handed it to him, took him 30 minutes came back asking my date and i if we "have any warrants?" we both replied "NO!" he went back and another police cruiser pull up behind him waited 15min this time he came back with the ticket already filled out and waiting for me to sign:mad: i asked him "why was i stop for?" and he replies to me "your front head lamp are illegal!" and i asked him what CVC did i violate and sure enough he gives me the same code i have and wrote on the ticket "VC. 25950(a) headlights must be white" i took out my copy (which i got from CA.GOV) and read it to him;

(25950. (a) The emitted light from all lamps and the reflected light from all reflectors, visible from in front of a vehicle, shall be white or yellow.) well to sum it up. yet he told me if i didn't sign it that he would arrest me and take me in.

i feel like this is a good example of the VIOLATION of my right under the 4th Amendment to the United States Constitution as applied through the States by the 14th Amendment: unreasonable search & sizer, loss of my physical liberty, emotional trauma, humiliation & distress.
and on top of that;
unlawful vehicle stop, restricting my right to free travel, harassment, and damage to my reputation along with the city of Long Beach CA.


what is your opinion on this, do i have enough evidence to beat this case??
:)

from what I can see you should beat the ticket but the rest of it, forget about it .

I think you should sue the City of Long Beach for 25 million dollars.

lol seriously man all jokes aside i could beat the case?

As already stated, if the vc truly says what you say it does, you shouldn' t have a problem getting the ticket dismissed at trial.

As for your ridiculous claims of loss of physical liberty, emotional trauma, humiliation and distress, along with that unreasonable search and "sizer" (you shouldn't be able to suffer it if you can't spell it)...

get some therapy for that. Your issues are much deeper than a traffic ticket.

sorry about that i was writing a little too quick. and thank you for your input on this now i feel a little more confident when i go to court this monday. thanks again.
but i have another question as for the rules or evidence can i just bring in the copy like the one i have from the website (CA.GOV) and show it to the Judge to prove that the ticket cited to me was "irrelevant" or will he/she not accept it and go only on what i can prove orally? and can i at least get the judge to make the officer in question to apologize for not knowing the law?

If you got a ticket yesterday, what do you think you're going to court for on Monday?

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If you got a ticket yesterday, what do you think you're going to court for on Monday?

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well they gave me a date (JUNE/27/10) to appear or before on and i just want to get this all over with, if thats what your asking.

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Quoting FCricky87

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well they gave me a date (JUNE/27/10) to appear or before on and i just want to get this all over with, if thats what your asking.

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Point is, if you just got the ticket yesterday, it will not be filed in court for a couple of weeks... So if you go in on Monday, you're pretty much wasting your time! Wait until you get the courtesy notice from the court (assuming you driver's license/citation has the correct mailing address) or periodically check online for the status of your citation... And go from there.

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Quoting FCricky87

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i feel like this is a good example of the VIOLATION of my right under the 4th Amendment to the United States Constitution as applied through the States by the 14th Amendment: unreasonable search & sizer, loss of my physical liberty, emotional trauma, humiliation & distress.
and on top of that;
unlawful vehicle stop, restricting my right to free travel, harassment, and damage to my reputation along with the city of Long Beach CA.


what is your opinion on this, do i have enough evidence to beat this case??
:)

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The 4th AM was made applicable to the states in 1949.

Stopping a motor vehicle IS a seizure, in that, you are constitutionally correct.

The next point of order is "was the seizure REASONABLE"?

Only a reasonable belief/suspicion is needed to stop a motor vehicle. If they had such that a traffic offense was violated, the cause exists. Probable cause to stop is not required.

A motor vehicle stop based on reasonable suspicion is tantamount to a pedestrian TERRY STOP..

Why do people insist in installing yellow lights anyhow? Just because they can, dosen't mean they should. Yellow generally dosen't illuminate as far or as clearly as white. Just make sure you conform with 24407 vc with your yellow bug attractors you installed to the front of your car (Honda I'm guessing). You do understand you stand out like a sore thumb to law enforcement at night...right?

At the trail please use the William Wallace quote from Braveheart.

Here's some info for you...

If everything you state is correct and true...

Short gist: Because the "officer" supposedly took an oath of office to uphold the constitution in the performance of their duties, and as you have clearly stated, your "headlamps" are completely within the "regulations", the "officer" has clearly violated his/her oath of office and can/should be held liable for tort claims.

If in the course of their actions they violate your rights as a Citizen of the state of California, they are no longer acting within their office and are acting outside the protection of the state. They have no immunity from tort claim and you should sue them in their personal capacity. If they are married, you should also attach their wife/husband to the suit for benefitting from their spouses unlawful actions. I'm not kidding. It works.

You will have to either A) hire a lawyer to do all the work and research for you and then pay them for their time and such, or B) do a lot of research on your own, learn the laws, and file the suit on your own, but it can and should be done. Knowledge of this stuff can only help you now and later in life... it would never hurt to know more about the law.

Otherwise, go to court, tell the judge your lights are yellow, quote him the related statute, demand a dismissal, and go about your business.

Side note: Because the ticket says "on or before" you can go in any day before the final date, ask the court clerk to see your record, file an affidavit in your record that states everything you see within your record... if there is nothing there, write that it is empty, file that into your record and tell the court clerk you have formally made an appearance as you promised and you want to see the magistrate... if they say the magistrate is busy or come back when we get you a court date or whatever, tell them they must from then on notify you by mail with a "true and proper" summons for any further dealings with the court as you have fulfilled your "promise to appear".

In all traffic citations I suggest you screw them over hard because that's what they are trying to do to you! If they have a rule they are supposed to follow and they don't, Nail them on it! In most states, there is supposed to be a verified complaint filed in order to have a court case. The ticket is not a complaint, nor is it a summons. Nail them on it. If your file is empty, obviously no verified complaint has been filed, Nail them on it. If they do things by electronic record, but the laws still say they have to have "paper trails" and they don't, Nail them on it!

They WILL try to screw you over, you should do the same to them.

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Quoting Redbeard

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If in the course of their actions they violate your rights as a Citizen of the state of California, they are no longer acting within their office and are acting outside the protection of the state. They have no immunity from tort claim and you should sue them in their personal capacity.

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While an officer is on the clock, they act under "color of law". They enjoy qualified immunity if sued. This can be overcome, yes, but at times is not easy. Yes you can sue them in thier personal capacity, so what.

Even when an officer is off duty, say as security at a mall, they still may be considered acting under color of law for thier acts. I have a citation for that if you want, but if no, I won't get out my case notes yet.

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If they are married, you should also attach their wife/husband to the suit for benefitting from their spouses unlawful actions. I'm not kidding. It works.

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HUH!! How can a wife be joined under the civil rules as a co-defendant?? Permissive joinder; Compulsory joinder; How?

Violation of oath of office strips the "peace officer" of his immunity to be sued. It's because he's not acting within the law. If a "cop" suddenly tries to blackmail me, he's violated his oath of office. If he charges me with a made up crime, he violates his oath of office. If he knows the law (which he is supposed to be far more educated in it than I) and I inform him that I am within the law with my "yellow headlights" and he still charges me with that crime, he violates his oath of office. If he does it with his supervisors knowledge and they don't try to stop it, that person as well can be sued. They become an imposter of the office. Guys dressed up in funny looking clothes handing out funny looking pieces of paper, carrying lethal weapons. They are supposed to protect your rights, not trample them.

As to how their wives/husbands can be sued:
Accessory after the fact. The spouse directly benefits from the imposters unlawful actions. You sue both so that if they have valuable assets in their wife's name, you can get that too. It's as if she's the getaway driver for a bank robbery. She benefits from him breaking the law, therefore she is open for lawsuit as well.

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Quoting Redbeard

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Violation of oath of office strips the "peace officer" of his immunity to be sued. It's because he's not acting within the law. If a "cop" suddenly tries to blackmail me, he's violated his oath of office. If he charges me with a made up crime, he violates his oath of office. If he knows the law (which he is supposed to be far more educated in it than I) and I inform him that I am within the law with my "yellow headlights" and he still charges me with that crime, he violates his oath of office. If he does it with his supervisors knowledge and they don't try to stop it, that person as well can be sued. They become an imposter of the office. Guys dressed up in funny looking clothes handing out funny looking pieces of paper, carrying lethal weapons. They are supposed to protect your rights, not trample them.

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I said QI must be overcome, I did not say it was impossible, you miss my point.

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As to how their wives/husbands can be sued:
Accessory after the fact. The spouse directly benefits from the imposters unlawful actions. You sue both so that if they have valuable assets in their wife's name, you can get that too. It's as if she's the getaway driver for a bank robbery. She benefits from him breaking the law, therefore she is open for lawsuit as well.

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Huh??

What profit was realized by the officer who falsely arrested you so you can co-sue the wife??

Sorry for missing your point there BOR.

As to profit realized by the officer: when he receives a paycheck from the public for performing his duty, when in all actuality he is impersonating an officer, he is performing a fraud upon the public. His paycheck is his profit.

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Quoting Redbeard

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Sorry for missing your point there BOR.

As to profit realized by the officer: when he receives a paycheck from the public for performing his duty, when in all actuality he is impersonating an officer, he is performing a fraud upon the public. His paycheck is his profit.

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Can you cite any case law here the officer was sued in an INDIVIDUAL capacity and named the spouse wife as a co-defendant?

Hi Everyone,

I got a traffic ticket recently saying that “ failure to stop at stop sign”. The situation is that there were some kind of road construction on the road. So after the construction, the roads are brand new, and there is no line on the stop area, which it used to have the line. But there is a STOP sign near the passenger side walk. I did stop at the stop sign, however I passed the line since I can’t see any line on the road. I want to know if I should go fight the court for my case with the picture of showing that there is no line. And if I lose the flight, will I still be able to go to traffic school ? the violation code is 22450(a). the speed is 15 mile on the traffic ticket. Any advice will be appreciated.

Thank you

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Quoting beamie

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Hi Everyone,

I got a traffic ticket recently saying that “ failure to stop at stop sign”. The situation is that there were some kind of road construction on the road. So after the construction, the roads are brand new, and there is no line on the stop area, which it used to have the line. But there is a STOP sign near the passenger side walk. I did stop at the stop sign, however I passed the line since I can’t see any line on the road. I want to know if I should go fight the court for my case with the picture of showing that there is no line. And if I lose the flight, will I still be able to go to traffic school ? the violation code is 22450(a). the speed is 15 mile on the traffic ticket. Any advice will be appreciated.

Thank you

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