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arrested for OC while intoxicated

END_THE_FED

Regular Member
Joined
Mar 19, 2010
Messages
925
Location
Seattle, Washington, USA
........The city attorney requested a continuance of the March 24 trial due to a cop being on vacation and it was granted. To be rescheduled in about a month. Speedy trial, what?


Did you waive your right to a speedy trial? If not did you move for dismissal on those grounds? Did you object to the continuance?
 

Yard Sale

Regular Member
Joined
Feb 13, 2010
Messages
708
Location
Northern Nevada, ,
Thursday's trial to be continued.

Gun still held as evidence.

Still no response to my theft report of the camera and notebook.

I'm going to go on the offensive and file complaints.
 
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since9

Campaign Veteran
Joined
Jan 14, 2010
Messages
6,964
Location
Colorado Springs, Colorado, USA
If either your camera or notebook contain any evidence at all, you should file for a continuance until they're returned. If it comes to trial anyway, it's evidence which they're not letting you have, which could be grounds for dismissal.

Judges don't like being played by either side.
 

Cavalryman

Campaign Veteran
Joined
Jun 6, 2010
Messages
296
Location
Anchorage, Alaska
Well, one thing is sure. The cop screwed the pooch when he said he smelled alcohol because ethanol is odorless. He should have said that he smelled alcoholic beverage.

I've seen it in court and the prosecuting attorney got his ass handed to him when the cop repeated it to the defense attorney. Then an expert witness got on the stand and explained that all alcoholic drinks are made with ethanol and ethanol is odorless. OOPS!!

The expert witness is wrong. Ethanol is a volatile substance and does in fact have a slight but distinctive odor. I don't know why they keep teaching police officers that ethanol is odorless since it is so easily disproven. Just look up chemical properties of ethanol in any reliable source; I recommend the CRC Handbook of Chemistry and Physics.
 

Cavalryman

Campaign Veteran
Joined
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Messages
296
Location
Anchorage, Alaska
Vodka, as sold by federal law, is defined as odorless, colorless, and tasteless.

I don't care how it's defined -- the chemical properties of ethanol mean that it has an odor. It's not strong, but it's there. Besides, I've smelled vodka and it's not entirely odorless. Federal law defines a tomato as a vegetable but that doesn't make it one.
 

Yard Sale

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Feb 13, 2010
Messages
708
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Northern Nevada, ,
Today I filed complaints with Carson City Undersheriff Steve Albertsen and Reno Police Chief Steve Pitts. I'm saving the Sparks P.D. complaints for later.

Here's a video of me requesting public records (as per Nevada Revised Statute chapter 239) from the Sparks police department, while open carrying today...

http://www.youtube.com/watch?v=nZSIY6IzGQc
 
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Brass Magnet

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Joined
Apr 23, 2009
Messages
2,818
Location
Right Behind You!, Wisconsin, USA
Today I filed complaints with Carson City Undersheriff Steve Albertsen and Reno Police Chief Steve Pitts. I'm saving the Sparks P.D. complaints for later.

Here's a video of me requesting public records (as per Nevada Revised Statute chapter 239) from the Sparks police department, while open carrying today...

http://www.youtube.com/watch?v=nZSIY6IzGQc

Hi Yard Sale,

When will you have the encounter video/audio available to the public again? I missed out on it earlier. If it's not available for legal reasons at this time I understand. I wish you well! You are helping to protect the rights of all of us.
 

Yard Sale

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Messages
708
Location
Northern Nevada, ,
Brass Magnet, PM me your YouTube user account name and I can make it available to you.

smokeyburnout, the Freedom of Information Act pertains to federal (U.S. gubbmint) records. This is a local matter with people acting under color of state law. I made a valid request for public records as per state law and was denied.
 

okboomer

Regular Member
Joined
Oct 18, 2009
Messages
1,164
Location
Oklahoma, USA
Today I filed complaints with Carson City Undersheriff Steve Albertsen and Reno Police Chief Steve Pitts. I'm saving the Sparks P.D. complaints for later.

Here's a video of me requesting public records (as per Nevada Revised Statute chapter 239) from the Sparks police department, while open carrying today...

http://www.youtube.com/watch?v=nZSIY6IzGQc

Sorry, dude, but the training I got in FOIA requests is that an office or entity can require a request to be specific and submitted in writing. I would suggest that you type it up and use the catch-all phrase "and any other involved department or officers or public officials reports or other documents within the public pervue that are named in any requested document."

When you have it right and tight, print several copies with places for receiving officer's signature, printed name and date of receipt. Get that on your copy that you keep and have them time stamp your copy.

Now, all of this could cost you ($2.00 for a time stamp, .50c or more per page of documents, time to gather and process, etc.) These costs should be posted and you can also request a copy of the costs in writing so you will have an idea of what your costs could run.

And, next time, BE QUIET and listen to what he is telling you. If you would be just a little less nervous, you can actually walk in there and ask them to help you fill out a proper request and THEY HAVE TO DO IT! This is not a battle for you to get side tracked into and you don't want to give them any more ammunition to use against you. As of now, they know you are nervous and can be intimidated.

As for him commenting that it was going to be submitted to the city attorney, yes every request goes through that person who will instruct them as to the scope of your request balanced against the privacy rights of any citizens within the scope of your request ... basically, certain information such as SSN, address, phone number of certain citizen's should not be revealed during FOIA requests. And the city attorney has to tell them that each and every time. It sounded like you were sweating something that you didn't need to sweat and they distracted you with that.

The city attorney is not determining whether or not to comply with your FOIA request, just what the scope of the request requires them to turn over.

Take a deep breath, calm down, and go back in there armed with a resolve to be pleasant and ask the right questions so they have to give you the information you need. Go in with a pleasant attitude and prove to them that what they have heard about you may not be the whole story.

If you have an attorney, ask him to look over your FOIA request before you take it in and to make any suggestions ... take your own copy and sit there and write down everything the attorney says. If you don't have one, call around and ask for a price quote for proofreading a FOIA request. ~$50-$100 should be ballpark.
 

okboomer

Regular Member
Joined
Oct 18, 2009
Messages
1,164
Location
Oklahoma, USA
smokeyburnout, the Freedom of Information Act pertains to federal (U.S. gubbmint) records. This is a local matter with people acting under color of state law. I made a valid request for public records as per state law and was denied.

It is still under the umbrella of FOIA and follows those guidelines.

As for whether you made a "valid request" or not, see my previous post. You did not.

And, you were not denied, you were instructed as to the method and manner of how such requests need to be submitted to THAT DEPEARTMENT. The same department in the next town may very well have a completely different method of request submission.

I dealt with District Court Clerks in many different counties and each one had a different way of doing things and I had to learn them all :cool:
 

Brass Magnet

Founder's Club Member
Joined
Apr 23, 2009
Messages
2,818
Location
Right Behind You!, Wisconsin, USA
^^^^^^^^^
But can't they deny due to an ongoing investigation or because of current legal proceedings? Obviously they can't deny the defendant during discovery but anyone else I think they can right?
 

Yard Sale

Regular Member
Joined
Feb 13, 2010
Messages
708
Location
Northern Nevada, ,
Yesterday the proof of insurance charge was dismissed and I was found guilty on the obstructing an officer charge.

Open carry played a huge part and I was admonished by the judge after his ruling.

The city attorney spoke out of both sides of her mouth, pointing out how cool, calm, and collected I was as proof of my intent to obstruct, then said I had serious anger management problems. She suggested a pyschological evaluation.

My sentence includes an anger management course and I plan to open carry there among the wife-beaters.

They still have my pistol.

I'm making the audio public again.

http://www.youtube.com/watch?v=ESv-39IT1QY

At the end there are links to my dash cam video of the initial fishing expedition search and the second search for inventory (wherein the most obvious video camera is tampered with).
 
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Tawnos

Regular Member
Joined
Jun 4, 2008
Messages
2,542
Location
Washington
Yesterday the proof of insurance charge was dismissed and I was found guilty on the obstructing an officer charge.

Open carry played a huge part and I was admonished by the judge after his ruling.

The city attorney spoke out of both sides of her mouth, pointing out how cool, calm, and collected I was as proof of my intent to obstruct, then said I had serious anger management problems. She suggested a pyschological evaluation.

My sentence includes an anger management course and I plan to open carry there among the wife-beaters.

They still have my pistol.

I'm making the audio public again.

http://www.youtube.com/watch?v=ESv-39IT1QY

At the end there are links to my dash cam video of the initial fishing expedition search and the second search for inventory (wherein the most obvious video camera is tampered with).

Wow, that video is bad and incriminating. In the reflection from about 5:00-5:25 you can clearly see a camera (after "Rich" says "now what is this" or similar). That it would then disappear should be a good basis for this getting overturned. You did hire a lawyer to represent you and such, right?
 
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