Forrest Bishop
c/o Lawyerdude, Box 678, Merlin, Oregon 97532
Fax: 251 252 3577
This is a preliminary version. There are statutes from Theo to be added.
This document is http://www.lawyerdude.netfirms.com/7969.pdf
Editable copy available on request.
List of Defense documents in this case is here: http://www.lawyerdude.netfirms.com/7970.html
Superior Court of California. Kearny Mesa Division.
http://www.sdcourt.ca.gov/portal/page?_pageid=53,129603&_dad=portal&_schema=PORTAL
8950 Clairemont Mesa Boulevard, San Diego, California 92123
858-565-1006 - Traffic Information
Clerk of Court,
a high school graduate, having unlawfully usurped the prosecutorial function that is solely the province of the elected prosecutor, dba under false color of law and corrupt legal fiction as “The People of California,”
v
Forrest Bishop,
a domiciliary of Washington, objecting herein to this egregious unconstitutional usurpation of the prosecutorial function ,
Defendant.
Case Number:
Ticket #
Document #7969 Version 1.001
First Substantive Motion of Forrest Bishop.
Demand to Quash.
Date: Thursday 12 October 2006
Time: 1:30 pm
Place: Arraignment courtroom.
Demand to Quash
To the clerk of court who is the prosecutor: At the venue designated in the caption or at such other venue as the court shall designate, I will demand that you dismiss this case. You are not a prosecutor. The inquisition ended some years ago.
Signed _________________Forrest Bishop. Tuesday, September 12, 2006
Contents of this Demand to Quash/ Dismiss:
Notice of Concurrent Demurrer and Motion to Suppress Evidence
Demurrer is http://www.lawyerdude.netfirms.com/7971.pdf
Suppress Evidence is http://www.lawyerdude.netfirms.com/7972.pdf
Table of Authorities cited herein:
U.S. Constitutional Clauses Cited herein:
California Constitutional Clauses Cited herein:
Table of Statutes cited herein:
Under U.S. Constitution IV, 2, I am entitled to California rights
The clerk is acting as prosecutor; that is wrong. Dismissal is the remedy.
Declaration of Attorney Douglas Palaschak regarding Summonses
A ticket can never be a summons.
A defendant may appear by motion.
Permitting Police to Summon denies Equal Protection Under the Law
Special Scrutiny and Prosecution for those who know the law denies equal protection.
Notice of Concurrent Demurrer and Motion to Suppress Evidence
The Demurrer is http://www.lawyerdude.netfirms.com/7971.pdf and the Motion to Suppress Evidence is http://www.lawyerdude.netfirms.com/7972.pdf .
There was no basis for the traffic stop. If there were a prosecutor he would be required to reject this case. However, the clerk, an uneducated person biased in this case by money to be added to the fund that pays her. See for example: Tumey v Ohio (1927) 273 U.S. 510. In this prohibition era case, the city received $5 for each conviction. http://www.lawyerdude.8k.com/Tumey.html She has usurped the prosecutorial function. Ironically the police officer usurped the clerk’s function which is to summon people to court only after there is a case filed by a duly authorized person - which there was not when the police officer issued the faux, spurious summons to appear in court.
At 11 pm On the evening of Sunday 16 July 2006 I arrived in my car at Garnet Avenue in San Diego to pick up a pizza. I dropped off my friend R and circled the block. I found a parking spot at the curb. Before I could parallel park, R returned with the pizza and another friend KK. They got into my car which was not “double parked” on the street in front of the pizza shop for a matter of seconds while my passengers boarded.
A police officer saw my out of state license plates. He then performed a pretextual traffic stop and gave me a ticket for violating the following ambiguous and overbroad statute which invites the very unbridled discretion that I observed that night:
California Vehicle code section 22400. (a) No person shall drive upon a highway at such a slow speed as to impede or block the normal and reasonable movement of traffic, unless the reduced speed is necessary for safe operation, because of a grade, or in compliance with law.
No person shall bring a vehicle to a complete stop upon a highway so as to impede or block the normal and reasonable movement of traffic unless the stop is necessary for safe operation or in compliance with law. - Section 22400 in its entirety.
The law employs the logical fallacy of circular logic. To wit: 22400 prescribes stopping on the highway unless it is legal to stop on the highway. In other words the law prescribes that stopping is illegal except when it is legal. Huh?
I discuss the issue of this defective statute in my Demurrer #7971:
Http://www.lawyerdude.netfirms.com/7971.pdf
To this date, I have been served neither a valid summons nor a verified complaint. I therefore demand dismissal. I demand that this court recognize that I have neither been properly summoned to court nor properly prosecuted by an authorized prosecutor. Instead a mere police officer performed the legal nullity of serving me a substitute for a summons. The officer has no authority to summon me to court; issuance of a summons is the duty of the clerk. The officer may not ordain himself a clerk even if the legislature so deems.
The clerk, who would ordinarily issue summonses, now elevates herself to the position of prosecutor by prosecuting this case without the formality of a complaint. Only a prosecutor can file a complaint. The clerk may not ordain herself to the status of prosecutor.
By stealthy encroachment our oppressive governments encroach. Corporations including governments enjoy eternal life and infinite wealth. They tell the lie over the course of generations. My children do not know the lie that the government told my parents. This truth about the lie is most obvious regarding income taxes. They were sold to Americans around 1909 as a tax that would never tax the wages of the working man.
Every court wants to be a profit center. They presume to be working for the greater good. The city justifies traffic tickets as a means to raise revenue. In New Orleans the Public Defender is paid from revenue from parking meters.
In American the individual is king.
So now we have a dynamic tension: the struggle between the individual human and the corporate/ government for hegemony. Today the various governments have sent forth swarms of employees to eat up all our wealth.
This will not stand.
Table of Authorities cited herein:
U.S. Constitutional Clauses Cited herein:
Article IV, Section 2.: The citizens of each state shall be entitled to all privileges and immunities of citizens in the several states. 1
Commerce clause 1
Due Process Clause 1
Equal protection clause of the 14th amendment 1
No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. - Privilege and Immunities Clause of the 14th amendment. 1
California Constitutional Clauses Cited herein:
California constitution: Section 1. 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. http://www.leginfo.ca.gov/.const/.article_1 1 http://www.leginfo.ca.gov/const-toc.html 2
3
Table of Statutes cited herein:
California Vehicle code section 22400. (a) No person shall drive upon a highway at such a slow speed as to impede or block the normal and reasonable movement of traffic, unless the reduced speed is necessary for safe operation, because of a grade, or in compliance with law. No person shall bring a vehicle to a complete stop upon a highway so as to impede or block the normal and reasonable movement of traffic unless the stop is necessary for safe operation or in compliance with law. - Section 22400 in its entirety. 1
PC 949. The first pleading on the part of the people in a misdemeanor or infraction case is the complaint except as otherwise provided by law. 1
Penal Code§ 740 states as follows: Except as otherwise provided by law, all misdemeanors and
infractions must be prosecuted by written complaint under oath subscribed by the complainant.
1
People v Dragomir Feb 14, 2006 http://www.lawyerdude.netfirms.com/Dragomir.html 1
2
People v Carlucci 1979 http://www.lawyerdude.8k.com/Carlucci.htm 1
http://www.lawyerdude.netfirms.com/carlucc.html 2 3
Pousson http://www.lawyerdude.netfirms.com/pousson.html 1 Not pertinent. 2
Spence http://www.lawyerdude.netfirms.com/7968.html 1 Not pertinent here. 2
Tumey v Ohio (1927) 273 U.S. 510. In this prohibition era case, the city received $5 for each conviction. http://www.lawyerdude.8k.com/Tumey.html 1 The clerk has usurped the prosecutorial function - for profit. 2
Under U.S. Constitution IV, 2, I am entitled to California rights.
All people in California are entitled to the rights of Californians, except the right to vote, which is reserved to California citizens.
Although the officer failed to mention it, his obvious animus was toward foreign domiciliaries which violates the constitution.
Article IV, Section 2.: The citizens of each state shall be entitled to all privileges and immunities of citizens in the several states.
The several states have unconstitutionally established compacts that violate the commerce clause and impede my rights thereunder.
In addition, the officer violated the Privileges and Immunities Clause of the 14th amendment which states:
No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. - Privilege and Immunities Clause of the 14th amendment.
A lawyer need not change his bar license upon entering a sister state and likewise I need not re-register my car every 60 days. To do so imposes an undue burden on interstate commerce. Both lawyers and drivers are subjected to ever tightening reigns of state governments. Governments by stealthy encroachment over the course of generations seek to fatten the corporate bureaucracies and extract greater percentages of the wealth of the citizenry which they view as their subjects. In the beginning we sought government to provide law and order - not to enslave and rule us.
Consider the flowery language of the first paragraph of our own California Constitution which is constantly under attack by Republicans shaming Lincoln and attempting to curtail our rights by, for example, limiting our own search prohibition so that it is no stronger than the 4th amendment. Here is our first flowery meaningless clause:
California constitution: Section 1. 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. http://www.leginfo.ca.gov/const-toc.html
I was exercising my Section 1 rights as a free and natural human when the police officer unconstitutionally violated my rights to enforce his institutional corporate prejudice against out of state drivers. My remedy is dismissal. Do it.
The clerk is acting as prosecutor; that is wrong. Dismissal is the remedy.
This argument is based on the Due Process Clause of the U.S. constitution.
This argument is based on independent state grounds. The Oregon constitution makes it sound as though we created the government to serve us, not to govern us:
Oregon constitution: Section 10. Administration of justice. No court shall be secret, but justice shall be administered, openly and without purchase, completely and without delay, and every man shall have remedy by due course of law for injury done him in his person, property, or reputation.
By stealthy encroachment over the court of generation, all governments and other corporations encroach upon the personal freedoms of humans. The human lives only 75 years. The father fails to warn the grandchild of the lies of the corporation. The lie remains unchallenged generations later due to human ignorance and mortality. The immortality of the corporation gives the government opportunity to encroach as such a speed as to be imperceptible by a single generation of humans.
The summons was originally a document issued by a civil court only after the civil prosecutor had made a decision to prosecute. As the court corporations became fatter they ordered the litigants: “write our summonses and bring them to use for signature”. Their fellow government minions in the legislature wrote the corresponding rules.
Then the courts saw the money flow and realized that they should promote the traffic ticket game by processing the tickets without a prosecutor.
The court recognized the power it wields in criminal case. If they converted a civil action into a criminal action they could then change their posture to an inquisitorial posture.
This is unconstitutional. The remedy is dismissal. Only a prosecutor can prosecute a criminal offense. This is not an administrative tribunal. If it were, there would be a hearing officer or administrative law judge.
The prosecution may not be done without any prosecutor. People v Carlucci 1979 http://www.lawyerdude.8k.com/Carlucci.htm http://www.lawyerdude.netfirms.com/carlucc.html People v Dragomir Feb 14, 2006 http://www.lawyerdude.netfirms.com/Dragomir.html
I hereby mention the cases of Pousson http://www.lawyerdude.netfirms.com/pousson.html and Spence http://www.lawyerdude.netfirms.com/7968.html which I list for completeness and to say that they are not pertinent to my case.
Declaration of Attorney Douglas Palaschak regarding Summonses
I, Douglas Palaschak, declare the following under penalty of perjury: I am an Engineering Graduate of the University of Illinois, Urbana, where I was an honors student. I marched in “The Marching Illini”,the world’s undisputed Premiere Marching Band. I began my career as a Registered Professional Engineer having consulted for the U.S. Navy, Mobil, and Exxon. My expert testimony resolved a personal injury case where my calculations proved that a hydraulic accumulator could not contain sufficient oxygen for combustion to have overloaded the failed bolts.. This tended to prove that the cause of the explosion was a failed hydraulic safety valve.
I conceived and designed subsea machinery for the U.S. Navy. I performed the buckling analysis for the riser tubes and contributed to the design of the giant seafloor template for a quarter mile tall oil rig presently in service in the North Sea.
I have been a licensed lawyer for nearly a quarter century. I publish approximately 1200 legal articles on the internet. My areas of expertise are:
Licenses, Rights, and Privileges, and their use as Instruments of Oppression,
Criminal Defense,
Internet-driven Improvements in the Efficiency of Litigation,
Empowerment of Pro Se Litigants,
Bankruptcy.
My most recent book is on the subject of Pre-trial Criminal Litigation of Malum Prohibitum Crimes. It is available by mail order via the internet.
A ticket can never be a summons.
A summons is required for the court to gain jurisdiction. A summons is a notification from the court addressed to the defendant in a pending case. A ticket is never a summons despite the intentions of the legislature. When a person write a ticket there is no pending case. There will be no pending case until a prosecutor has made a decision to prosecute. Then the prosecutor files a complaint. Only then is a summons possible. There is then a pending case. I would then have the opportunity to settle the case with the prosecutor. Most traffic courts today permit the clerk to prosecute the case. This practice is unconstitutional. It is an example of denial of equal protection. I would like the clerk to be working on my side of the case. The clerk has demonstrated a bias for the prosecution. Also, the clerk is paid by the money earned by the ticket that she prosecutes. No. This will not stand.
- Douglas Palaschak
A defendant may appear by motion.
I need not appear in person but may appear by motion. I have appeared as agreed by my signature on the notice to appear by entering this motion to quash.
The ticket is no kind of summons. To call it a summons is to redefine fundamental terms in the middle of the game. This denies me due process. Changing the terms is a common instrument of oppression. See the entire list of Modern Day Instruments of Oppression at:
http://www.lawyerdude.8k.com/5724.html
Permitting Police to Summon denies Equal Protection Under the Law
When I want to sue the police I must jump through the hooks of a summons and complaint and filing fee. Conversely when he wants to “sue” me he uses his ticket book. Then the clerk prosecutes for him. Wouldst that my lawsuits against the police were that quick and easy. That difference denies me equal protection under the law. Your process violates the equal protection clause of the 14th amendment. My remedy is dismissal. Do it.
The Legislature may not give Police the Power to Summon and may not give Clerks the power to prosecute.
Penal Code§ 740 states as follows:
Except as otherwise provided by law, all misdemeanors and infractions must be prosecuted by written complaint under oath subscribed by the complainant.
PC § 949 states as follows:
The first pleading on the part of the people in a misdemeanor or infraction case is the complaint except as otherwise provided by law. - PC 949
All criminal law follows the ancient common law.
Special Scrutiny and Prosecution for those who know the law denies equal protection.
You may not now subject me (and only me) to prosecution by a prosecutor. To do so would punish me with special scrutiny for having performed this public service as a Private Attorney General. Though your purpose be masked as efficiency it is in truch mere corruption and fraud. You must dismiss my case now.
Signed _________________ Forrest Bishop. Tuesday, September 12, 2006.
I, Forrest Bishop, served this document upon the prosecutor in this case by hand delivery to the criminal filing window on Tuesday, 12 September, 2006 at the address shown above the caption on page 1.