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Yosemite Sam1

Under the pines.

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Posted: 01/20/20 12:01pm Link  |  Quote  |  Print  |  Notify Moderator

am1958 wrote:

Navegator:

My issue isn't with the inspections but rather ridiculous statements such as "You gave up your right when you purchased a vehicle" which is patently untrue.


And when the reading comprehension challenged also lied because that statement, given in quotation mark to make it appear to have actually been said, is not true. It is also interpreted out of context.

"implied waiver", my actual statement, is far from "giving up rights."

Even without the lawyer brother, I have enough law units to know that constitutional rights are sacrosanct. But know too, that in situations of facilitation in the conduct of law enforcement or practicality, some specific requirements of the law, in this case the need for search warrant, can be waived as, again, a decided jurisprudence.

Ah, the recurring problem with simple-mindedness and the failure of educational system specifically the basics of reading comprehension, well, could be genetics.

* This post was edited 01/20/20 12:11pm by Yosemite Sam1 *

Turtle n Peeps

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Posted: 01/20/20 12:27pm Link  |  Quote  |  Print  |  Notify Moderator

Navegator I can make the same argument with any number of things.

Lets pick illegal drugs.

Illegal drugs cost almost a 1/4 of a million lives in the world each year. It also costs over a 1/2 a TRILLION dollars in the US economy.

That being said; should be have warrantless searches at all state borders looking for drugs? After all, illegal drugs cost lives AND a lot of money and not just the cost of some fruit.

Should we do it at every county line? Neighborhoods? Should we just give police the power to just come into your home without any warrant if they think you have drugs? Maybe we should do away with that pesky 4 amendment?

After all, illegal drug use costs us a lot more money than Med Flys ever did and ever will.

Maybe the persons that get all huffy and puffy with police searching for drugs without warrants would like to pay some of the tax payers for the loss and the hospitals for trying to save the drug addict?


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Alan_Hepburn

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Posted: 01/20/20 12:55pm Link  |  Quote  |  Print  |  Notify Moderator

am1958 wrote:



Quote:

What Legal Authority do your inspectors have to stop and check my vehicle?

The Department’s legal authority for conducting vehicle and commodity inspections lies in the California Food and Agricultural Code, specifically Sections 5341-5353 and 6301-6465. Although submitting to inspection is voluntary, vehicle and commodities are not allowed to enter until released by an inspector.


Highlighting added by me to make sure you don't skip over it...


...and then there's the second clause in your emphasised sentence that says the vehicle cannot proceed until released by the inspector. Sounds to me like it's "Let me inspect you of you can turn around and go back the way you came".


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Yosemite Sam1

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Posted: 01/20/20 01:21pm Link  |  Quote  |  Print  |  Notify Moderator

Turtle n Peeps wrote:

Navegator I can make the same argument with any number of things.

Lets pick illegal drugs.

Illegal drugs cost almost a 1/4 of a million lives in the world each year. It also costs over a 1/2 a TRILLION dollars in the US economy.

That being said; should be have warrantless searches at all state borders looking for drugs? After all, illegal drugs cost lives AND a lot of money and not just the cost of some fruit.

Should we do it at every county line? Neighborhoods? Should we just give police the power to just come into your home without any warrant if they think you have drugs? Maybe we should do away with that pesky 4 amendment?

After all, illegal drug use costs us a lot more money than Med Flys ever did and ever will.

Maybe the persons that get all huffy and puffy with police searching for drugs without warrants would like to pay some of the tax payers for the loss and the hospitals for trying to save the drug addict?


Wow, this earned the 2nd FUD (thanks @time2roll) for the day.

But yes, illegal drugs is enough grounds for inspection and interdiction in the state border.

Yes, illegal drugs is enough probable cause for LEO to ask for the inspection and search of your vehicle.

And no, homes are not part of "automobile exception" -- the topic of this thread.

am1958

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Posted: 01/20/20 01:40pm Link  |  Quote  |  Print  |  Notify Moderator

Yosemite Sam1 wrote:

And when the reading comprehension challenged also lied because that statement, given in quotation mark to make it appear to have actually been said, is not true. It is also interpreted out of context.

"implied waiver", my actual statement, is far from "giving up rights."

Even without the lawyer brother, I have enough law units to know that constitutional rights are sacrosanct. But know too, that in situations of facilitation in the conduct of law enforcement or practicality, some specific requirements of the law, in this case the need for search warrant, can be waived as, again, a decided jurisprudence.

Ah, the recurring problem with simple-mindedness and the failure of educational system specifically the basics of reading comprehension, well, could be genetics.


As I predicted, you passed over the fact that the state's web site clearly states that the search is voluntary in favor of trying to be a smart arse. You fail to comprehend that the reason that even the over-reaching government of Commiefornia know that their Food/Ag drones do not have the power to search without permission thus the search is, per their own words, voluntary. They are not LEO's they are "bug seekers", period, and therefore the Supreme's decision does not apply. They can refuse entry for refusal to succumb but they cannot compel a search. It's becoming clear that you are a little hard of thinking but please sit down in a quiet place and think about that for a few minutes - it might help...

As to my misquoting you... I really couldn't be bothered wasting my time wading through your endless buffoonery to make sure the quote was perfect but we both know that I was close enough...

Alan_Hepburn wrote:

am1958 wrote:



Quote:

What Legal Authority do your inspectors have to stop and check my vehicle?

The Department’s legal authority for conducting vehicle and commodity inspections lies in the California Food and Agricultural Code, specifically Sections 5341-5353 and 6301-6465. Although submitting to inspection is voluntary, vehicle and commodities are not allowed to enter until released by an inspector.


Highlighting added by me to make sure you don't skip over it...


...and then there's the second clause in your emphasised sentence that says the vehicle cannot proceed until released by the inspector. Sounds to me like it's "Let me inspect you of you can turn around and go back the way you came".


That is exactly what I have been saying - the food/Ag Drone has no power to search and his/her only chance to be allowed to search is through the permission of the traveler... a refusal to be searched means that you nor your goods may not enter. If you turn around and drive away then there is absolutely nothing the drone can or should do...

Yosemite Sam1

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Posted: 01/20/20 02:01pm Link  |  Quote  |  Print  |  Notify Moderator

am1958 wrote:


That is exactly what I have been saying - the food/Ag Drone has no power to search and his/her only chance to be allowed to search is through the permission of the traveler... a refusal to be searched means that you nor your goods may not enter. If you turn around and drive away then there is absolutely nothing the drone can or should do...


Nice weasel out!

Isn't that what everyone suggested to the OP and where you lied and scared them sh!tless with psychiatrically paranoid rant that they are "giving up their rights"?

You can now raise your pants backup and pretend nothing happened.

Turtle n Peeps

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Posted: 01/20/20 02:06pm Link  |  Quote  |  Print  |  Notify Moderator

Yosemite Sam1 wrote:

am1958 wrote:


That is exactly what I have been saying - the food/Ag Drone has no power to search and his/her only chance to be allowed to search is through the permission of the traveler... a refusal to be searched means that you nor your goods may not enter. If you turn around and drive away then there is absolutely nothing the drone can or should do...


Nice weasel out!

Isn't that what everyone suggested to the OP and where you lied and scared them sh!tless with psychiatrically paranoid rant that they are "giving up their rights"?

You can now raise your pants backup and pretend nothing happened.


Actually you can continue on like this guy did. [emoticon]

am1958

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Posted: 01/20/20 02:47pm Link  |  Quote  |  Print  |  Notify Moderator

Actually, upon reflection, someone should close this thread before Sam does himself a critical injury...

Yosemite Sam1

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Posted: 01/20/20 03:12pm Link  |  Quote  |  Print  |  Notify Moderator

am1958 wrote:

Actually, upon reflection, someone should close this thread before Sam does himself a critical injury...


The risk of injury is only to the brains. And it that regard, you are well safe.[emoticon]

I've answered your question. You might need your neighbor, however, to explain it to you to understand it.[emoticon]

* This post was last edited 01/20/20 03:40pm by Yosemite Sam1 *   View edit history

am1958

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Posted: 01/20/20 03:25pm Link  |  Quote  |  Print  |  Notify Moderator

Yosemite Sam1 wrote:

am1958 wrote:

Actually, upon reflection, someone should close this thread before Sam does himself a critical injury...


The risk of injury is only to the brains. And it that regard, you are well safe.[emoticon]


Finally, your failure to address the question at hand while making a potentially accurate and thus funny comment demonstrates that you concede...

What's sad is that that it took a British citizen to explain to you your rights under American law. Don't feel bad, I rarely meet people that know their rights here which is unbelievably sad... I left my country to come to the freedom your Constitution and Bill of Rights afford you only to find that so few of you seem to care to maintain those freedoms.

What's happening in Virginia right now is a great example... If you really pay attention it's an argument for an Electoral College in every state.

[Edit] Oops, you edited your last post... Too late...[/Edit]

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