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  1. #1

    Angry Search and Seizure

    My question involves civil rights in the State of: California

    I got in trouble with the courts. It's a long story, but the gist is that I yelled at a judge I don't like for valid reasons in emails. I got charged with, "Annoying phone calls" and arrested. There is a lot more to this story, but I'm trying to make it simple. I can share more details if they are desired.

    I got a public defender when I was in jail, and I saw a stack of papers; at the top I saw that someone made it look like I had made death threats or something. I hadn't. I presume it was the DA purposefully making me look bad. I didn't threaten the judge as far as I can remember, and I think someone just took things out of context to make me look terrible. It's cheap and dumb, whoever did it. Plus I got a surprise court date, which is a whole other can of worms that pissed me off.

    Anyway, because of the out of context slander, the surprise court date with no time to spare, them contacting my mom telling her I sent them very inappropriate emails, etc I was extremely mad at the DA. I shared a story with them... a very true story, about how I was approached by wannabe school shooters when I was in high school. I told them their plan was stupid, and the wannabe school shooters said fine, they'd kill me too. I told the DA that their behavior reminded me of the school shooters... fine, they'll get me too. Which is exactly what they did.

    I was given a new lawyer and told I was getting search and seizure put in my record because the whole school shooting was on my mind. It made me dangerous, or something. They're complete retards as far as I can tell. It annoyed me, but I was mad over other issues more at the time, which I'm not sharing to try to keep this more simple.

    So time passes, and I keep going to my lame court dates. My understanding of the search and seizure proved to be incorrect. I thought cops would search me if I was pulled over. A cop pulled me over because he thought I was playing a passing game with another car. I hadn't passed anyone, but I did let two cars pass me. I like to drive slow and chill at night in the foothills, and I drive extra slow anytime a car behind me approaches on a passing lane, so they can get by safely. I've had too many close calls with deer to drive like a maniac at night. I don't know why the cop thought I passed cars, but I swore to him I hadn't, and he believed me. He asked me if I had anything in my record when he took my drivers license. I said, "Yes, Search and Seizure" He asked if I had probation. I said I didn't. He said that's the only situation he knows of to have Search and seizure put in my record. He was gone for a while, came back, and said he didn't see search and seizure in my record and let me go.

    So I asked my lawyer about it. He said my search and seizure is put in with my protective order the judge placed on me for yelling at the judge I hate. I asked my lawyer for more details, but I haven't gotten any, and he selectively ignores a lot of my questions.

    So I'm asking here. What in the world does it even mean? Is this in my record like a never-ending search warrant? Doesn't this violate the constitution big time? The Fourth amendment to be precise. It's like the Sacramento superior court uses the constitution as toilet paper. It's completely unreasonable to suggest that my thinking of being approached to do a school shooting makes me dangerous.

    What's worse? They didn't even ask me for names or anything. They didn't do a thing to actually investigate my story. I told the judge two names anyway, but she ignored me as far as I know. Why are the courts so utterly stupid and incompetent?

    Thanks.

  2. #2
    Join Date
    Sep 2005
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    California
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    Default Re: Search and Seizure

    Quote Quoting twindle
    View Post
    My question involves civil rights in the State of: California

    I got in trouble with the courts. It's a long story, but the gist is that I yelled at a judge I don't like for valid reasons in emails. I got charged with, "Annoying phone calls" and arrested. There is a lot more to this story, but I'm trying to make it simple. I can share more details if they are desired.
    Yeah, you do not get to harass people via email ...ESPECIALLY not judges!

    PC 653m is a misdemeanor criminal offense with the possibility of jail time. Threats are not required for that offense, only the intent to annoy.

    http://leginfo.legislature.ca.gov/fa...m.&lawCode=PEN

    So I asked my lawyer about it. He said my search and seizure is put in with my protective order the judge placed on me for yelling at the judge I hate. I asked my lawyer for more details, but I haven't gotten any, and he selectively ignores a lot of my questions.
    Yes, search conditions can be part of a release plan pending trial. If you do not like it, you can always asked to be held in custody, instead.

    As for your story about the two alleged possible future school shooters, they are NOT going to tell you if they are looking into the matter. In fact, if the other parties are juveniles, they are generally prohibited by law from telling you anything about it.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  3. #3
    Join Date
    Oct 2014
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    7,432

    Default Re: Search and Seizure

    Yelling at judges is a not a smart thing to do. You need to keep your anger in check when dealing with others, especially judges and law enforcement people. Unchecked anger is what gets a lot of people into trouble, You may not have thought you threatened the judge, but anger tends to cloud your perception of events. It may be that the judge perceived it that way. And in any event, if the effect of your actions (the details of which we don't know) amounts to harassing or annoying the judge you have a problem.

    As for the search and seizure, that is not forever. It is a condition of the bond that got you out of jail. Once the case against you is resolved that will end. As cdwjava noted, if you don't like the terms of the bond release you can instead opt to return to jail while your case plays out in court.

  4. #4

    Default Re: Search and Seizure

    Quote Quoting Taxing Matters
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    Yelling at judges is a not a smart thing to do. You need to keep your anger in check when dealing with others, especially judges and law enforcement people. Unchecked anger is what gets a lot of people into trouble, You may not have thought you threatened the judge, but anger tends to cloud your perception of events. It may be that the judge perceived it that way. And in any event, if the effect of your actions (the details of which we don't know) amounts to harassing or annoying the judge you have a problem.

    The judge I don't like implied I was lying in court even though I had proven myself in court documents with phone numbers and tracking numbers. She didn't read any of it. My intent was not to harass but that's besides the point. I'm not asking about that. I more or less understand the angle they're using there. I was not charged for threatening anyone, so I know that they know I didn't really threaten the judge. If I had, I definitely would have been charged for it. They tried their best to make it appear as such, but it's not the case. The worst thing I can think of I said was, "I wonder how many people you've killed with your poor judgment." Which out of context could sound like a threat, but in the context of what I said, it clearly wasn't. I explained how she put someone at risk with what she did to me.

    I will always let people know when they're in the wrong, no matter their title. I hate the sycophants everywhere. The courts serve the judge's narcissism. That's the most defining thing I've noted in the making of a judge. Narcissistic personality disorder.

    In terms of keeping anger in check, I was severely injured by an orthopedic doctor and it was covered up. I even reported it to the cops while I laid in bed unable to get out. They dropped it without investigating it and I got into trouble instead since I was mad about it. Well, I almost died. How dare I be mad? Pftt. I'm mad about everything regarding the topic, and I have every right to be. In general? I'm not a mad person as long as you get me away from the retarded courts. The cop that pulled me over and didn't see search and seizure in my record? He tailgated me for a few miles first with his brights on, hoping he could get me to speed probably. I didn't know he was a cop in the night, and I slowed way down, trying to get him to pass in the areas designated for passing, and then even in the passing lane. He even followed me in the passing lane. Did I rage and take off? No. I tend to be the rock in my relationships... the person that stays cool. Try almost dying and everyone acting like you're just crazy. You'll be mad as hell too.

    Quote Quoting Taxing Matters
    View Post
    As for the search and seizure, that is not forever. It is a condition of the bond that got you out of jail. Once the case against you is resolved that will end. As cdwjava noted, if you don't like the terms of the bond release you can instead opt to return to jail while your case plays out in court.
    My lawyer told me something different than that... He said it's part of the protective order?

    Quote Quoting cdwjava
    View Post
    As for your story about the two alleged possible future school shooters, they are NOT going to tell you if they are looking into the matter. In fact, if the other parties are juveniles, they are generally prohibited by law from telling you anything about it.
    They're not juveniles, and since they didn't even ask or names or anything, they're not looking into it. Somehow that makes me dangerous enough for search and seizure being put in my record though? Seems they want to just give an incentive for me to shut up about the story. That's a total scumbag move.

    We're straying away from my main question. I tried to keep the details out because I didn't want it to be about other topics. I want to stick it to search and seizure, and the 4th amendment. Why are the courts seeming to use the constitution as toilet paper?

    It was not a term for getting bailed out. It's some part of the protective order the big baby judge has against me because I emailed her. Another notable way the courts appear to use the constitution as toilet paper: Amendment 8. I had 10k, and then 20k on my bail amount for the annoying phone calls charge. For... some emails. That's disgustingly excessive bail. I didn't even know the constitution covered it until I looked at it for the search and seizure nonsense. The Sacramento Superior court blatantly violates amendments 1, 2, 4, 6 and 8. It's ironic. Further, they function on the lowest level of moral development on Kholberg's scale.

    My lawyer got the judge to give my mom's money back so it's not sitting on me still. It was basically blackmail. I had to promise not to talk to the courts anymore. That's one of the things that made me more angry. The excessive bail.

    Basically, it's horrifying to me to see how far from my ideal the courts are. I thought judges would be highly intelligent people functioning with a high level of moral development. Instead I see NPD types with fairly low levels of intelligence, and a courtroom that thrives on fear so that the deficiencies aren't noted. Human nature is exploited with costumes, and sitting above everyone. Everything to do with my trial is planned before I make a court appearance, as my lawyer talks with the DA and judge before the hearing. Then we all stand in front of all the other poor suckers stuck in the room, and the lamest play that ever existed continues on. It's outrageous how pathetic the courts are.

  5. #5
    Join Date
    Sep 2018
    Location
    Ohio
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    237

    Default Re: Search and Seizure

    Carl, can the court put that restriction on any person granted bail? I think this is what he really is trying do decipher.

  6. #6

    Default Re: Search and Seizure

    Quote Quoting RJR
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    Carl, can the court put that restriction on any person granted bail? I think this is what he really is trying do decipher.
    My lawyer is a smart man, and he doesn't lie to me, so I'm confused why people think it's about the bail. My lawyer told me explicitly it was about the protective order. He hasn't elaborated.... probably because I have too many comments and questions for him to handle. So I went here instead. Then I linked him to it so he can see if he's curious too.

  7. #7
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    Ohio
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    Default Re: Search and Seizure

    Quote Quoting twindle
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    My lawyer is a smart man, and he doesn't lie to me, so I'm confused why people think it's about the bail. My lawyer told me explicitly it was about the protective order. He hasn't elaborated.... probably because I have too many comments and questions for him to handle. So I went here instead. Then I linked him to it so he can see if he's curious too.
    You are out right? I did not mean bail, I over read it, sorry.

  8. #8

    Default Re: Search and Seizure

    Quote Quoting RJR
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    You are out right? I did not mean bail, I over read it, sorry.
    Yeah, I am out. However, my lawyer initially said it was over my wannabe school shooters story. The fact it was on my mind made me dangerous. Then I later questioned him after I got stopped by a cop, and he didn't search me. The cop said it's normally over probation, and I don't have probation. He didn't see search and seizure.

    My lawyer informed me it was thrown in with the protective order the judge put on me in regards to the other judge I yelled at in emails. I googled a lot and I can't figure it out. It just looks like a blatant violation of the 4th amendment to me, but I'm not sure the Sacramento Superior Court even cares about the constitution the more I read it, the more I realize almost all of my issues with the courts are because they're not following the constitution. Pretty smart, our founding fathers, to realize where the big issues would be. Sadly, the court just decides to pretend they meant something different or something.

    I've been out forever, and I've have court date after court date. I feel sorry for tax payers that have to pay for this outrageous nonsense. It's just constant harassment by the courts.

  9. #9
    Join Date
    Sep 2018
    Location
    Ohio
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    Default Re: Search and Seizure

    I've heard of conditions concerning PO/RO's, but any random S@S does not last forever. I don't know exactly what the phrase means in a direct context absent explanation though. I can tell you this, you are not fair game the rest of your life.

  10. #10
    Join Date
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    California
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    Default Re: Search and Seizure

    I have never heard of search conditions being included in a TRO/CPO. I don't see any authorization for it anywhere, but that doesn't mean I'm not missing it. As a condition of release on bail or one's own recognizance, certainly. Twindle, surely you have a copy of the order, does it include your being subject to search?

    As for your repeated ex parte and harassing contacts with the judge, you can't do that. Your constant contacts via email (or most any electronic communication) can be a violation of the law pursuant to PC 653m. Making threats is NOT required! You can grumble and grouse about the courts all you want. But, that doesn't give you the right to harass and annoy those who serve within the system.

    If you feel you have some evidence of a grand conspiracy that is not the result of your attitude, then by all means contact the media. The Sacramento Bee loves railing against law enforcement and the courts, so if you have a decent case to make to the public, I am sure they'll help you make it. If they won't help, and your attorney can't get you out from under your self-imposed conundrum, perhaps you might want to consider breathing exercises or feng shui to help you relax a bit.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

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