Judge Johnnie Rawlinson is the only justice on the Ninth Circuit Court of Appeals that makes any sense in recent decision on a traffic arrest

12/4/2011

CHICAGO-(AEAE)-THE NINTH CIRCUIT COURT OF APPEALS by a 10-1 vote said “a traffic citation is not the same as a formal arrest, which would include informing the suspect he was under arrest and taking him to jail or a police station. I am confident that an average citizen — with or without a law degree — would not believe he had been arrested if pulled over, briefly detained and issued a traffic ticket," Judge M. Margaret McKeown wrote.

Judge Johnnie Rawlinson, “, held her ground and was the lone dissenter in the en banc 10-1 decision, saying the majority improperly imports Fourth Amendment analysis into sentencing calculations, creating an unnecessary circuit split. "I do not agree that the concept of custody for the purpose of criminal history calculation is co-extensive with a formal arrest that includes Miranda warnings, handcuffs and a trip to the police station," she wrote. Full Story http://www.law.com/jsp/ca/PubArticleCA.jsp?id=1202533998955

SIDEBAR: A person who gets pulled over, detained and given a ticket, has been arrested if for only a short period of time. The number one way that the average citizen ever comes in contact with the police is through a traffic citation. The number one way that cops fill county jails all over this country is by arresting citizens while they are driving their cars. To suggest that a “traffic citation is not the same as a formal arrest” defies reality and was done merely to continue to allow police unfettered access to the general public without having to address citizens Fourth Amendments Rights. The decision allows the Police freedom to conduct their business in a “Police State” according to a University Law Professor.

FOR THE RECORD: Scottsdale account and Lawyer David Herbert, Attorney Jerome Bergstrom, Jeremy T. Bergstrom (NV) bag man, has been sued in Federal Court for Civil Racketeering, fraud, conspiracy along with Bergstrom. This makes the 7th time that the Henderson Nevada law firm of Miles, Bergstrom has been sued in one year.
JEROME BERGSTROM ESQ CHARGED WITH FRAUD AND

ARIZONA ATTORNEY DAVID G. HEBERT CHARGED WITH .

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Leo craves man juice

12/3/2011 12:41:23 pm

You can't charge anyone with anything you fat little twerp. The only thing you can do, Leo, is blabber illiterately on this rag blog while you wait to go to prison. And get a suit that fits for Godsakes, your're walking around looking like three pigs stuffed in a pillow case.

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