Bill Weatherby
Member
- Joined
- Sep 26, 2013
- Posts
- 15
Not long ago I moved to the "Great state of California". I went in my RV and when I hit the boarder just passed Reno I was shocked! There I found an "Agracultural Check point". For those of you who don't know, this is a permanent check point set up to inspect for fruits and plants entering the State of California. I will tell you in a minute what happend to be but first, I want to share my after experience. Many I talked to in California try to justify these check points as "necessary to protect our agriculture industry". This is the propaganda they have been fed and its just no true.
When I was stopped, (the first time), The inspector promptly chalked my tires and told me he was coming in to look for "illegal fruits and plants". Because I was unprepared and didn't say now, he could assume I consented because the maxim in common law is "silence give concent". I am sorry to say, I relinquished my God given and Constitutional rights and the inspector stole about $30 worth of fruits and veggies we had just bought in NV. After that experience, I decided to educate myself. I went through the **** Ag check point many times after and the results were very different. Each time, I asserted my rights and was left alone. I am not a lawyer and am not trying to give anyone legal advice but this is what I found and what I did:
The California Ag **** check points are a violation of your rights under the U.S. Commerce Clause and 4th amendment to the U.S, Constitution! Some have said they are "voluntary" but that's not true. If you do not cooperate, under (unconstitutional) California law you can be escorted from the state and fined up to $2500! OUTRAGIOUS!!
There is nothing illegal about having fruits or plants in your position that were grown anywhere in the US (with the acceptation of MJ of course
. No one in law enforcement or with a state or federal government agency has the right to stop you without probable cause. Further, the 5th amendment gives you to right to remain silent! So, even if you choose to stop for an **** Ag check point, you have the right to say nothing as long as you are in th US. Stopping a vehicle without probable cause to presume a crime has been or is being committed is a violation of your constitutional rights and is a prosecutable offence.
The Law concerning check points: The Supreme court of the US as well as several State Supreme Courts including the California Supreme Court have ruled that Check points (mostly for reasons of sobriety or seat belts) have to be made published prior to their operation, in a public manor i.e. news paper or news broadcast two to three days before. The check point must have signage or signals announcing there presents and they must have a way for us, the US Citizen to avoid them i.e. turn around or get off before the check point. Moreover, a check point must have clear rules that restricts the field officer as to what cars (example every car, ever 2nd or 3rd car etc.) will be stopped and they must be specific as to the nature of the check point. They cannot randomly stop cars at a check point and they can not profile i.e. stop you because you have an out-of-state license plate.
So, why are the California **** Ag Check points operating? Because, in California there is a very powerful group of people called FARMERS! They have coerced the legislature there to put this law on the books for two reasons. To prevent people from California from going into neighboring states and buying cheaper produce and to force people visiting the State of California to buy produce from them as opposed to bringing it in, ala RV and Camper people.
Why has this practice not been stopped? To stop this practice you would first have to get standing. To get standing you would have to first refuse to be violated at the **** Ag Check point. Second, after refusing to give up your rights the **** Ag check point person, with the help of the California Highway Patrol would have to violet your rights. This means faults arrest, unlawful detention and conviction of this non-crime. The faults arrest and unlawful detention should be enough but a conviction of this non-crime would add fuel to your fire. Once your life has been put on hold buy a CHP officer arresting you or blocking your entry into the state, you would have to file a case in the Federal Courts. After spending countless hours and thousands of dollars, you would win but, you would have made a great sacrifice to achieve this. I tried many times myself to gain standing. I was never arrested, detained or prevented from entering California. I informed them this was illegal and asserted my rights. In every case they folded like cheep suits. The state of California illegally confiscates millions of dollars of fruits and vegetables from US Citizens every year. Yet, nothing is done because most people either do not object or, they fail to get standing.
How can we make this stop? Education! Know your rights and assert them! If you don't, your rights will be taken and you will never get them back! If you are stopped or choose to stop at an Ag check point, just remember that: 1. You are a United States citizen with the guaranteed right to freely travel within the US, as you please, without being harassed, molested or stopped without probable cause. 2. Under the 4th amendment you have the right to be secure in your person, papers and effects (i.e. your property) and you have the right to be free from unreasonable search and seizure. 3. Under the commerce clause you have the legal right to possess products, fruits and veggies grown and sold from any of the 50 states that make up the United States of America or were legally imported from outside the country! 4. Under the 5th amendment you have the right to refuse a search of you and your vehicle without a warrant. You should assert that right with the simple phrase ?I do not consent to any searches". 5. If you are detained, as a United States Citizen you have the right to hole accountable, in a Federal Court, anyone who violates your rights! Your rights are only suspended at an international boarder. California is not an international boarder and therefore you should be free to go about your business. To assert this right simply use the phrase, ?Am I free to go?? If they say no then ask ?Am I being detained?? if they say yes, you now have legal standing to sue them personally as well as the agency they work for to include anyone in charge of that agency and anyone overseeing that agency. If you are arrested you should inform the officer that he/she may be detaining you unlawfully. The best phrase I have heard used to assert this right is "I must inform you that you are kidnapping me". The officer will know what you mean without saying anything else.
Why should we make this stop? Because if we don't stand for our rights we will lose them! If we give up our liberties to be secure from fruit fly's we will neither have liberty or security! No one has ever demonstrated that California is free from any bugs that are found in the rest of the 49 states. Reason, they are not! We need to stand against this tyranny or it will grow, hell, it is growing, every day!
When I was stopped, (the first time), The inspector promptly chalked my tires and told me he was coming in to look for "illegal fruits and plants". Because I was unprepared and didn't say now, he could assume I consented because the maxim in common law is "silence give concent". I am sorry to say, I relinquished my God given and Constitutional rights and the inspector stole about $30 worth of fruits and veggies we had just bought in NV. After that experience, I decided to educate myself. I went through the **** Ag check point many times after and the results were very different. Each time, I asserted my rights and was left alone. I am not a lawyer and am not trying to give anyone legal advice but this is what I found and what I did:
The California Ag **** check points are a violation of your rights under the U.S. Commerce Clause and 4th amendment to the U.S, Constitution! Some have said they are "voluntary" but that's not true. If you do not cooperate, under (unconstitutional) California law you can be escorted from the state and fined up to $2500! OUTRAGIOUS!!
There is nothing illegal about having fruits or plants in your position that were grown anywhere in the US (with the acceptation of MJ of course
. No one in law enforcement or with a state or federal government agency has the right to stop you without probable cause. Further, the 5th amendment gives you to right to remain silent! So, even if you choose to stop for an **** Ag check point, you have the right to say nothing as long as you are in th US. Stopping a vehicle without probable cause to presume a crime has been or is being committed is a violation of your constitutional rights and is a prosecutable offence. The Law concerning check points: The Supreme court of the US as well as several State Supreme Courts including the California Supreme Court have ruled that Check points (mostly for reasons of sobriety or seat belts) have to be made published prior to their operation, in a public manor i.e. news paper or news broadcast two to three days before. The check point must have signage or signals announcing there presents and they must have a way for us, the US Citizen to avoid them i.e. turn around or get off before the check point. Moreover, a check point must have clear rules that restricts the field officer as to what cars (example every car, ever 2nd or 3rd car etc.) will be stopped and they must be specific as to the nature of the check point. They cannot randomly stop cars at a check point and they can not profile i.e. stop you because you have an out-of-state license plate.
So, why are the California **** Ag Check points operating? Because, in California there is a very powerful group of people called FARMERS! They have coerced the legislature there to put this law on the books for two reasons. To prevent people from California from going into neighboring states and buying cheaper produce and to force people visiting the State of California to buy produce from them as opposed to bringing it in, ala RV and Camper people.
Why has this practice not been stopped? To stop this practice you would first have to get standing. To get standing you would have to first refuse to be violated at the **** Ag Check point. Second, after refusing to give up your rights the **** Ag check point person, with the help of the California Highway Patrol would have to violet your rights. This means faults arrest, unlawful detention and conviction of this non-crime. The faults arrest and unlawful detention should be enough but a conviction of this non-crime would add fuel to your fire. Once your life has been put on hold buy a CHP officer arresting you or blocking your entry into the state, you would have to file a case in the Federal Courts. After spending countless hours and thousands of dollars, you would win but, you would have made a great sacrifice to achieve this. I tried many times myself to gain standing. I was never arrested, detained or prevented from entering California. I informed them this was illegal and asserted my rights. In every case they folded like cheep suits. The state of California illegally confiscates millions of dollars of fruits and vegetables from US Citizens every year. Yet, nothing is done because most people either do not object or, they fail to get standing.
How can we make this stop? Education! Know your rights and assert them! If you don't, your rights will be taken and you will never get them back! If you are stopped or choose to stop at an Ag check point, just remember that: 1. You are a United States citizen with the guaranteed right to freely travel within the US, as you please, without being harassed, molested or stopped without probable cause. 2. Under the 4th amendment you have the right to be secure in your person, papers and effects (i.e. your property) and you have the right to be free from unreasonable search and seizure. 3. Under the commerce clause you have the legal right to possess products, fruits and veggies grown and sold from any of the 50 states that make up the United States of America or were legally imported from outside the country! 4. Under the 5th amendment you have the right to refuse a search of you and your vehicle without a warrant. You should assert that right with the simple phrase ?I do not consent to any searches". 5. If you are detained, as a United States Citizen you have the right to hole accountable, in a Federal Court, anyone who violates your rights! Your rights are only suspended at an international boarder. California is not an international boarder and therefore you should be free to go about your business. To assert this right simply use the phrase, ?Am I free to go?? If they say no then ask ?Am I being detained?? if they say yes, you now have legal standing to sue them personally as well as the agency they work for to include anyone in charge of that agency and anyone overseeing that agency. If you are arrested you should inform the officer that he/she may be detaining you unlawfully. The best phrase I have heard used to assert this right is "I must inform you that you are kidnapping me". The officer will know what you mean without saying anything else.
Why should we make this stop? Because if we don't stand for our rights we will lose them! If we give up our liberties to be secure from fruit fly's we will neither have liberty or security! No one has ever demonstrated that California is free from any bugs that are found in the rest of the 49 states. Reason, they are not! We need to stand against this tyranny or it will grow, hell, it is growing, every day!
