Posted by New Kid on August 06, 1998 at 05:23:06:
In Reply to: wdc posted by ... on August 03, 1998 at 23:15:52:
Does a peace officer have the lawful capacity to be simultaneously a code enforcement officer and a peace officer? In Ventura County, (VENTURA COUNTY) the city of Thousand Oaks, utilizes deputy sheriffs for their city police. The deputies drive vehicles distinctively marked Police, with the city seal emblazened upon the door. While they do this, they wear the uniform of the county sheriff's office.
One such peace/code enforcement officer pulled me over(with another officer in another vehicle). Cited me for 4000a, 12500 and 16028. Upon demand for a driver's licence, I gave him notice (via a preprinted document I carry in the automobile.) that I was not engaged in any activity that required "registration or licensing" pursuant to the California courts, legislature or the Vehicle Code. His specific response was that the code sections, legislation & case cites included on my notice were, "not worth anything." He proceeded to cite me and remove me from the highway & empound my automobile. He did ask to keep my notice. I told him ,"Sure, because I will be demanding it as evidence in court."
In considering my strategies of defense, this question occured to me, if code enforcement is a police activity, when is a peace officer a policeman. The code cites allow only peace officers to demand ID, Insurance, Registration, etc... I know how this works in reverse(not all policemen are peace officers), but not when a peace officer acts as a policeman (i.e. code enforcement).
P.S. Has anyone had any success in getting their property back without succumming to demands of the STATE (registration, licensing, etc...)? Presently, my thinking is to get these items dismissed for lack of subject matter jurisdiction, then file a criminal complaint of grand theft auto against the deputy if my property is not returned. Perhaps a small claims suit against him in his private capacity.
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