TSA nominee withdraws amid ‘political agenda’ – Yahoo! News

WASHINGTON – President Barack Obama’s choice to lead the Transportation Security Administration withdrew his name Wednesday, a setback for an administration still trying to explain how a man could attempt to blow up a commercial airliner on Christmas Day.

Erroll Southers said he was pulling out because his nomination had become a lightning rod for those with a political agenda. Obama had tapped Southers, a top official with the Los Angeles Airport Police Department, to lead the TSA in September but his confirmation has been blocked by Republican Sen. Jim DeMint, who says he was worried that Southers would allow TSA employees to have collective bargaining rights.

In an interview with The Associated Press, Southers said the confirmation process made him question his willingness to participate in public service.

“I am not a politician. I’m a counterrrorism expert,” Southers said Wednesday. “They took an apolitical person and politicized my career.”

Southers said he couldn’t give DeMint a definitive answer on the collective bargaining issue because it wasn’t a yes or no question, and required access to information he wouldn’t have had until he was confirmed.

DeMint said in a statement that answering simple, direct questions about security and integrity appeared to have been too much for Southers. He said he hoped Obama would select a new nominee quickly.

Questions have also been raised about a reprimand that Southers received for running background checks on his then-estranged wife’s boyfriend two decades ago. Southers, a former FBI agent, wrote a letter to lawmakers earlier this month acknowledging that he had given inconsistent answers to Congress on that issue.

In an October affidavit for the Senate Homeland Security committee, Southers initially said he asked a San Diego police employee to run a background check on his then-estranged wife’s boyfriend and was censured by his FBI superiors 20 years ago for what he said was an isolated instance.

But a day after the committee approved his nomination and sent it to the full Senate, he wrote to the senators and told them that he was incorrect, that he had twice run background checks himself.

The White House said Wednesday that the Obama had accepted Southers’ withdrawal with great sadness and continued to believe he would have made an excellent TSA administrator.

The withdrawal of Southers’ nomination was another setback for the TSA at a time when the government is still trying to answer questions from Congress about how a man was able to carry out a bombing attempt on Christmas Day on a Northwest Airlines flight found from Amsterdam to Detroit.

Democrats had lined up behind Southers’ nomination after the December incident, with Majority Leader Harry Reid, D-Nev., saying he would call for a full Senate vote on his confirmation this year.

The administration has been beset by problems with intelligence and security nominees. It took Obama eight months to nominate people to lead TSA and Customs and Border Protection — two key security agencies that play large roles in preventing another terrorist attack like the attempted Christmas bombing that shook the nation and the governmental establishment.

Senate Democrats also have accused Republicans of stalling the nomination of Caryn Wagner, the administration’s nominee to be the top intelligence official at the Homeland Security Department. In June, Obama’s initial pick for intelligence chief at Homeland Security withdrew his nomination amid questions about his role in the CIA’s interrogations of suspected terrorists. The inability to analyze disparate pieces of information has been at the core of the failure to stop the Christmas Day attempted attack.

___

Associated Press writer Eileen Sullivan contributed to this report.

i lost my birth certificate from California and i am having trouble finding out how to get one from Missouri. if anybody can help i will greatly appreciate it.

Technorati Tags: california department of public health office of vital records, california divorce records index, california public records gov

Personal Injury Lawyers: What Services Can They Give You?
 by: Mart Gil Abareta

Many times, when people are involved in personal injury cases, they do not seek the guidance of personal injury lawyers for fear that doing so will be too expensive and complicated. As you all might know, filing a case and the entire court proceedings is so stressful and worst, they cost you lots of money. These have become the major drawbacks of personal injury cases. But the good thing these days – there are lots of law firms at present that alleviate those fears right away. And, getting the services of personal injury lawyers has already become an effortless task.

Even for once, you might be involved in a personal injury case. In such case, you might want to claim a compensation for the pain and suffering that it has caused you. This is when a personal injury lawyer is necessary. You must consult an injury lawyer, even if just to speak about the concern you have. Remember that no matter how big or small your personal injury case is, you must file your personal injury claim and see what your legal rights are. And, your personal injury lawyer will help you about these matters all throughout your case.

Personal injury lawyers are so important in your personal injury cases. They have been specializing in various services to offer possible clients. These personal injury services include handling cases of auto or car accidents, aviation disasters, plane crashes or accidents, birth injury, brain injury, dangerous and defective products, dental malpractice, dog bites, medical malpractice, nursing home abuse, products liability, serious personal injury or catastrophic injuries, slip and fall, spinal cord injury, unfair insurance practices, wrongful death, and a lot more.

With all these services, personal injury lawyers have also chosen their area of specialization. Some of them are more adept with auto or car accidents. Others are into aviation disasters only. And, so on and so forth. Therefore, you can expect that one injury lawyer has really mastered his craft because he focusus only in one field. This gives you a big chance of winning your personal injury case. One good thing about these lawyers is that they don’t ask for legal fees unless your case becomes successful.

Indeed, a competent counsel is so important in a personal injury case. So, if you’ve been involved in such case, don’t think twice, go out, find the personal injury lawyer to be your partner in your quest for justice, and enjoy the services that he offers you.

About The Author

Mart Gil Abareta

Well, I must say that I am not a born writer. I didn’t acquire this gift hereditarily either. However, I’m an adventure book lover and used to read everything that I come across in the Internet that sounds interesting. I think, I only developed it through constant practice and exposure to numerous writing stuff. I was chosen to compete in press conferences that showcased my need-so-well-developed writing skills. I became part of our school publication staff. I started as a news writer and photojournalist of the school paper. Soon, I was appointed editor-in-chief. It was during this time when I realized that I needed to be more efficient in writing because duty called for it. I should say that this event in my life opened me wholly to the wonderful world of writing.

With all these, I can’t say that I have mastered writing because of these writing experiences. I believe that this craft is also a continuous learning process. I’ve been working hard to become amore efficient and competent in writing, most especially now that I’m working as a content writer for this company. I’m doing articles for printing companies, medical sites, legal sites, and many more.

Looking for tips and suggestions about legal matters, visit http://www.personalinjurylawyersinc.com

contactus@personalinjurylawyersinc.com

Tax Lein Certificates In California

Tax Lein Certificate Sales are caused by properties that the property owner has failed to pay the property taxes for. As a result, the government puts a lien on the property and gives an opportunity to tax payers like you to pay their property taxes for them. You can receive your money once the property owner pays back the taxes. Should the owner not pay the back taxes, you may just receive a decent three bed, 2 bath house for only$4,000 in California!

In California, first you have to find your county’s real estate tax web site and phone #. First, go to the Google search engine and enter your county and state + “property tax collector”, “property treasurer” or “property taxes”. Once you locate your county’s property tax office, look on their web site, e-mail or phone them to find out where you can find a list of their “delinquent tax properties.” (Usually this list will be on their website, or in a local newspaper). Also ask when the county tax lein certificate sale is held & for a list of the rules for their tax lien certificate sale. (Please keep in mind that many counties and states call the tax sale by different names such as: tax deed sales, tax lien certificates sales, tax lein certificate sale, and tax levy sale…but they’re all talking about the same thing.)

Once you have located a list of the properties available, you should research which real estate properties are valuable enough for you to place a bid on during the tax lien certificate sale and which ones you need to cross off the list. To do this, go to your county’s property appraiser web site and search the public records for every property listed in areas that you desire. Nowadays, most counties will have this information online. If your county doesn’t, then you need to visit your county property appraiser’s office to look at hard copy files of the delinquent property records. Overall, the ideal properties you should be focusing on are the ones which have the lowest possible risk and the easiest potential to sell should you wind up owning the tax lien house or property. To be safe, you should ignore vacant land as a beginner because this type of tax lien has the most risk. Residential family homes in decent to good communities are a low-risk investment and should be your starting point. Begin to whittle down your list to pro
1000
perties you favor according to area, recent sales history, and estimated house value.

To get the estimated home value of a property research on your county’s property appraiser web site or use websites such as Zillow or Cyberhomes to get a rough estimate.

Take your list of your desired properties and go see them in person. Get accustomed to the community, the outside of the home, take photographs and write notes. This is most important. It is absolutely critical that you go to look at the property in person. There have been times when I’ve done research on properties that looked like an amazing investment on file, but when I really looked at the home in its current condition, I discovered that it was a wreck! Believe me, you will thank yourself for spending the extra time to visit the property. After you complete a few tax lein certificate sales under your belt, you will get in the routine to quickly research and choose the most profitable properties.

Prior to going to the tax lien certificate auction or tax deed sale, you need to already know what properties you are going to bid on, and what your highest bid will be. (As a basic guideline, you should always limit your maximum bid to at least sixty percent or less than the estimated market value of the property to leave room for profit and surprise repair costs, etc.) If you win the highest bid for a tax deed and the delinquent owner happens to pay his or her delinquent taxes, you can expect a large return on your money of sometimes 20 percent or higher! If the owner doesn’t pay his or her delinquent taxes, you may find yourself becoming the owner of a decent piece of property that you managed to get at a rock-bottom price…all thanks to your hard work and research. Any way you look at it, if you do it right, it could be a profitable outcome and an exciting project. Best of all, it is several times safer than investing in stocks, and a more profitable ROI (return on investment) than a savings account can offer. (Please notice the warning below).

WARNING:
Investing in real estate tax lein certificate sales can be very beneficial and enjoyable. At the same time, it does require the research of properties to minimize risk. This article just gives a small overview of the tax sale process but does not leave enough space to focus on the exact details.

By: lottidotti

Article Directory: http://www.articledashboard.com

If you really need a specific step-by-step guide on investing in tax lein certificate sales, refer to the link below. It is a down-to-earth guide written by one of the best in the business and has everything you need to know to get started, with none of the fluff and empty promises that some other books and websites say about tax lein certificate sales.
budurl.com/TaxLienGuide

Also, get a FREE 7 Step Guide for Investing in Tax Liens here:
budurl.com/7StepTaxLienGuide

Technorati Tags: california criminal records database, california marriage and divorce records, california public property records

Officials cast Vegas shooting as ‘suicide mission’ – Yahoo! News

LAS VEGAS – Investigators say Johnny Lee Wicks was on a suicide mission the day he torched his apartment, hid a Mossberg 12-gauge shotgun under his black trench coat and walked three miles to the federal building in downtown Las Vegas.

The 66-year-old ex-convict was leaving behind a “lengthy” criminal history, including prison time for killing his brother in Tennessee and jail time for domestic violence in California, authorities said Tuesday.

He believed he was discriminated against because he was black, court records show, and he harbored a grudge against the government for cutting his $974 monthly Social Security benefits to $688 after he moved from California to Las Vegas.

It was just after 8 a.m. Monday when Wicks returned to the courthouse where his lawsuit over his benefits had been dismissed in September. He opened the door, pulled the shotgun from under his coat and fired.

“Acts such as this cannot be predicted,” Clark County Sheriff Doug Gillespie said as FBI, U.S. Marshals Service, police and U.S. attorney’s officials returned to the plaza in front of the Lloyd D. George U.S. Courthouse and Federal Building.

“A lone gunman on a suicide mission is nearly impossible to prevent,” Gillespie said.

Flags flew at half-staff as the officials described the furious gunbattle on the site a day earlier.

Wicks paused to reload after the first three blasts inside the courthouse entryway and fired twice outside with federal marshals and court security officers in pursuit.

Seven court officers and U.S. marshals fired 81 shots, said Kevin Favreau, special agent in charge of the Las Vegas FBI office.

Stanley Cooper, a courthouse security guard, was shot by Wicks in the chest and mortally wounded. He wasn’t wearing a bullet proof vest, officials said. But he was able to fire one shot as he confronted Wicks at a security screening station in the entryway.

Wicks also wounded a 48-year-old deputy U.S. marshal as he retreated across Las Vegas Boulevard. Wicks died in desert landscaping next to the bullet-pocked stucco walls of a historic school house.

He had been wounded in the stomach, and died from a gunshot wound to the head fired by one of his pursuers, officials said.

Wicks still had one shell in the shotgun, FBI Special Agent Joseph Dickey said.

Cooper, a 72-year-old retired Las Vegas police sergeant who became a court security officer in 1994, was praised as a hero.

“All he ever did was serve,” his employer, Daya Singh Khalsa, president of Akal Security Inc., said from Espanola, N.M. “He was the senior CSO in Las Vegas, and part of the law enforcement community for 41 years.”

Gary Orton, U.S. Marshal for Nevada, said the 48-year-old deputy marshal who was wounded was treated overnight and released from University Medical Center in Las Vegas. The 24-year veteran of the service was not identified.

Officials said they didn’t know what set Wicks off. Favreau said investigators don’t believe he threatened violence before starting a fire in a closet in his apartment a few minutes after 5 a.m. Monday. Dickey said Wicks said nothing as he entered the courthouse.

“The security officers and law enforcement officers did their job well yesterday,” Gillespie said. “They kept everyone inside and outside that courthouse safe. The gunman was not able to access the courtrooms or the judges.”

Authorities said it wasn’t the first violence in Wicks’ life.

Wicks killed his brother, Leo Wicks, with a shotgun in Memphis in 1974, and was sentenced in 1976 to 12 to 15 years for second-degree murder, authorities said. He was paroled in 1981, said Dorinda Carter, spokeswoman for the Tennessee Department of Corrections.

He was accused of assault to commit rape in Sacramento in 1989, according to the FBI. But prosecutors rejected that case for insufficient evidence, said Albert Locher, assistant Sacramento County district attorney.

Wicks served jail time after pleading no contest to domestic battery in Sacramento in 1995, court records show.

Wicks also feuded with managers of a downtown apartment building for seniors and people with disabilities in Fresno, where his handwritten protest of his eviction and a small claims court filing in 1998 included an allegation that he was ousted “Because I am Black.”

“It’s all about race. I am no fool,” he said in the handwritten federal lawsuit he filed against the Social Security Administration in March 2008 after declaring himself indigent. In it he said he’d suffered a stroke years ago.

“This action by this office will make it very hard for me to pay my rent and energy bill,” he said.

____

Associated Press writers Oskar Garcia in Las Vegas, Devlin Barrett in Washington, Garance Burke in Fresno, Judy Lin in Sacramento and Joe Edwards in Nashville contributed to this report.

California Man Claims to Have World's Oldest Dog

The owner, optometrist Norm Steinberg, says the one thing preventing Uno from being entered into the Guinness Book of World Records is the lack of a formal … Read More…

Spouse finds she's one of 3 wives in 3 different cities

She found papers in California, showing that he did not divorce his first wife until long after he had married her, according to court records. … Read More…

For thousands of legal residents with criminal convictions, green cards no …

She argues that the punishment of immigrants with criminal records — deportation and separation from families — is often disproportionate to the offenses. … Read More…
That’s all the news for today guys, so until next time, thanks for stopping by.

California Marriage Records display applications for marriage licenses and their records proper by name, date and county. The California Department of Public Health Office of Vital Records is charged with maintaining its states marriage records along with all the other categories of public records. Confidential marriage records are issued through the various counties that grant marriage licenses. Likewise, California divorce records are only available in the county office where the divorce decree dissolving the particular marriage by the Superior Court was issued. As a result of the California Public Records Act, anyone in California can view and request copies of basically all public records including marriage records.

You can find free California marriage records at county offices as well as online at various websites offered by government agencies of the state of California. The information found at these places will suffice for the purpose of broad research but if you need something more detailed and in-depth, an official set of marriage records is probably necessary. In the state of California, the Office of Vital Records is authorized to release marriage records, as well as Certificates of Record in divorce cases. Fees are charged for the issuance of their certified copies.

As with other states across the country, it is possible to assemble California marriage records yourself but getting it done by hiring an outside company to do that for you is the preferred option for most people. Each option has its own pros and cons and it’s up to the individuals to decide which would be able to better serve their needs and preferences. Financial expense and convenience are typical considerations but in many cases such as legal or official situations however, that is dictated by the requirements of the circumstances.

Within the state of California, you can view public records at the Public Health office in each county or request them via email or internet. Contact the California Department of Public Health Office of Vital Records to obtain the lists of necessary forms and fees for acquiring official copies of both marriages and divorces. But be forewarned – getting marriage records on your own takes some work and waiting time. The California Office of Vital Statistics has a backlog of up to six months. They advocate going directly to the incumbent county offices in person to view and request copies of all types of public records. It is advisable to enquire ahead through telephone as different counties require different forms and fees for this service.

Alternatively, there are companies you can turn to that will aid you to access and view the desired public records in an optimized manner in terms of time and effort. They can also handle the order placement and delivery of certified copies of marriage records on your behalf. Through the support of their infrastructure, manpower and networking, they are able to invariably get the job done in a shorter time than if you go it yourself.

Providing public records commercially is a professional service and the industry is immensely competitive. That’s a good thing for consumers as this drives up the quality of service and keep the prices down. Fees are typically quite affordable by normal standards and users often find the superior speed and efficiency well worth the cost. On top of that, many of these information brokers maintain large databases of marriage records and offer free viewing to potential customers.

In California, the population is now about 36 million-strong. Official records have been kept and accumulated for well over a hundred years, since around 1850. This means that there are a lot of California marriage records on file and unless you have a lot of time and energy to pursue them, it may be in your interests to hire professionals to spare yourself the hassles of procedures and waiting in lines.

Marriage records are handled differently from state to state. Visit us at Free Marriage Records for pointers and information on California Marriage Records. We are seasoned specialists in public records.

Technorati Tags: california marriage records search free, california public court records search, california public divorce records

How do i get a California birth certificate from Missouri?

i lost my birth certificate from California and i am having trouble finding out how to get one from Missouri. if anybody can help i will greatly appreciate it.

California Marriage Records display applications for marriage licenses and their records proper by name, date and county. The California Department of Public Health Office of Vital Records is charged with maintaining its states marriage records along with all the other categories of public records. Confidential marriage records are issued through the various counties that grant marriage licenses. Likewise, California divorce records are only available in the county office where the divorce decree dissolving the particular marriage by the Superior Court was issued. As a result of the California Public Records Act, anyone in California can view and request copies of basically all public records including marriage records.

You can find free California marriage records at county offices as well as online at various websites offered by government agencies of the state of California. The information found at these places will suffice for the purpose of broad research but if you need something more detailed and in-depth, an official set of marriage records is probably necessary. In the state of California, the Office of Vital Records is authorized to release marriage records, as well as Certificates of Record in divorce cases. Fees are charged for the issuance of their certified copies.

As with other states across the country, it is possible to assemble California marriage records yourself but getting it done by hiring an outside company to do that for you is the preferred option for most people. Each option has its own pros and cons and it’s up to the individuals to decide which would be able to better serve their needs and preferences. Financial expense and convenience are typical considerations but in many cases such as legal or official situations however, that is dictated by the requirements of the circumstances.

Within the state of California, you can view public records at the Public Health office in each county or request them via email or internet. Contact the California Department of Public Health Office of Vital Records to obtain the lists of necessary forms and fees for acquiring official copies of both marriages and divorces. But be forewarned – getting marriage records on your own takes some work and waiting time. The California Office of Vital Statistics has a backlog of up to six months. They advocate going directly to the incumbent county offices in person to view and request copies of all types of public records. It is advisable to enquire ahead through telephone as different counties require different forms and fees for this service.

Alternatively, there are companies you can turn to that will aid you to access and view the desired public records in an optimized manner in terms of time and effort. They can also handle the order placement and delivery of certified copies of marriage records on your behalf. Through the support of their infrastructure, manpower and networking, they are able to invariably get the job done in a shorter time than if you go it yourself.

Providing public records commercially is a professional service and the industry is immensely competitive. That’s a good thing for consumers as this drives up the quality of service and keep the prices down. Fees are typically quite affordable by normal standards and users often find the superior speed and efficiency well worth the cost. On top of that, many of these information brokers maintain large databases of marriage records and offer free viewing to potential customers.

In California, the population is now about 36 million-strong. Official records have been kept and accumulated for well over a hundred years, since around 1850. This means that there are a lot of California marriage records on file and unless you have a lot of time and energy to pursue them, it may be in your interests to hire professionals to spare yourself the hassles of procedures and waiting in lines.

Marriage records are handled differently from state to state. Visit us at Free Marriage Records for pointers and information on California Marriage Records. We are seasoned specialists in public records.

Technorati Tags: california criminal records database, california department of public health office of vital records, california marriage records search free

I hope you’ve been enjoying my posts lately. I thought I might do something different today and rustle up a few bits of info from around the WWW. These are some of the news items and blog posts that have been popular over the last few weeks. Leave me your thoughts.

Michael Jackson’s Death Certificate Leaked; Homicide Confirmed …

Los Angeles, California, United States (CNS) – A copy of Michael Jackon's official death certificate has been leaked online and shows the King of Pop's death.

Tracing the Tribe: The Jewish Genealogy Blog: Shanghai: Jewish …

Jewish Records Indexing – Poland acquired the Shanghai Polish Consular register from the Sino-Judaic Institute (Palo Alto, California) and indexed the records in this collection. There are 1474 entries from January 19, … Index fields include: — Registration Number — Date entered in register — Surname — Maiden Name (if provided) — Given Names — Place of Birth as Written — Place of Birth – Current Name (if different) — Current Country of Place of Birth …

Forbidden Family » California Bill AB 1325 (Beall & Cook …

How many mixed race kids will be subjected to forced closed and sealed adoptions with falsified birth certificates and terminated parental rights just because the percentage of Native Blood could be lower than 1/4? …

Hope you enjoy the read as much as I did and please if you have something to say, use the comments form below to let everyone know your thoughts.

Have a great day!

i lost my birth certificate from California and i am having trouble finding out how to get one from Missouri. if anybody can help i will greatly appreciate it.

LAS VEGAS – Investigators say Johnny Lee Wicks was on a suicide mission the day he torched his apartment, hid a Mossberg 12-gauge shotgun under his black trench coat and walked three miles to the federal building in downtown Las Vegas.

The 66-year-old ex-convict was leaving behind a “lengthy” criminal history, including prison time for killing his brother in Tennessee and jail time for domestic violence in California, authorities said Tuesday.

He believed he was discriminated against because he was black, court records show, and he harbored a grudge against the government for cutting his $974 monthly Social Security benefits to $688 after he moved from California to Las Vegas.

It was just after 8 a.m. Monday when Wicks returned to the courthouse where his lawsuit over his benefits had been dismissed in September. He opened the door, pulled the shotgun from under his coat and fired.

“Acts such as this cannot be predicted,” Clark County Sheriff Doug Gillespie said as FBI, U.S. Marshals Service, police and U.S. attorney’s officials returned to the plaza in front of the Lloyd D. George U.S. Courthouse and Federal Building.

“A lone gunman on a suicide mission is nearly impossible to prevent,” Gillespie said.

Flags flew at half-staff as the officials described the furious gunbattle on the site a day earlier.

Wicks paused to reload after the first three blasts inside the courthouse entryway and fired twice outside with federal marshals and court security officers in pursuit.

Seven court officers and U.S. marshals fired 81 shots, said Kevin Favreau, special agent in charge of the Las Vegas FBI office.

Stanley Cooper, a courthouse security guard, was shot by Wicks in the chest and mortally wounded. He wasn’t wearing a bullet proof vest, officials said. But he was able to fire one shot as he confronted Wicks at a security screening station in the entryway.

Wicks also wounded a 48-year-old deputy U.S. marshal as he retreated across Las Vegas Boulevard. Wicks died in desert landscaping next to the bullet-pocked stucco walls of a historic school house.

He had been wounded in the stomach, and died from a gunshot wound to the head fired by one of his pursuers, officials said.

Wicks still had one shell in the shotgun, FBI Special Agent Joseph Dickey said.

Cooper, a 72-year-old retired Las Vegas police sergeant who became a court security officer in 1994, was praised as a hero.

“All he ever did was serve,” his employer, Daya Singh Khalsa, president of Akal Security Inc., said from Espanola, N.M. “He was the senior CSO in Las Vegas, and part of the law enforcement community for 41 years.”

Gary Orton, U.S. Marshal for Nevada, said the 48-year-old deputy marshal who was wounded was treated overnight and released from University Medical Center in Las Vegas. The 24-year veteran of the service was not identified.

Officials said they didn’t know what set Wicks off. Favreau said investigators don’t believe he threatened violence before starting a fire in a closet in his apartment a few minutes after 5 a.m. Monday. Dickey said Wicks said nothing as he entered the courthouse.

“The security officers and law enforcement officers did their job well yesterday,” Gillespie said. “They kept everyone inside and outside that courthouse safe. The gunman was not able to access the courtrooms or the judges.”

Authorities said it wasn’t the first violence in Wicks’ life.

Wicks killed his brother, Leo Wicks, with a shotgun in Memphis in 1974, and was sentenced in 1976 to 12 to 15 years for second-degree murder, authorities said. He was paroled in 1981, said Dorinda Carter, spokeswoman for the Tennessee Department of Corrections.

He was accused of assault to commit rape in Sacramento in 1989, according to the FBI. But prosecutors rejected that case for insufficient evidence, said Albert Locher, assistant Sacramento County district attorney.

Wicks served jail time after pleading no contest to domestic battery in Sacramento in 1995, court records show.

Wicks also feuded with managers of a downtown apartment building for seniors and people with disabilities in Fresno, where his handwritten protest of his eviction and a small claims court filing in 1998 included an allegation that he was ousted “Because I am Black.”

“It’s all about race. I am no fool,” he said in the handwritten federal lawsuit he filed against the Social Security Administration in March 2008 after declaring himself indigent. In it he said he’d suffered a stroke years ago.

“This action by this office will make it very hard for me to pay my rent and energy bill,” he said.

____

Associated Press writers Oskar Garcia in Las Vegas, Devlin Barrett in Washington, Garance Burke in Fresno, Judy Lin in Sacramento and Joe Edwards in Nashville contributed to this report.

Technorati Tags: california birth records index, california department of public health office of vital records, california public court records search

Gay marriage ban goes on trial in California – Yahoo! News

OAKLAND, California (Reuters) –
California's ban on gay marriage goes to trial on Monday in a federal case that plaintiffs hope to take all the way to the U.S. Supreme Court and overturn bans throughout the nation.

Victory for gay rights groups in the Supreme Court, which might not choose to take the case if it is appealed that far, would make marriage a fundamental constitutional right without exception and overturn laws and state amendments limiting marriage to a man and a woman in 40 states.

A loss in the top court, two ranks above the action that starts on Monday, would derail efforts to win in state courts that have been a hallmark of the gay rights movement thus far.

The case begins in a San Francisco court presided over by District Court Chief Judge Vaughn Walker, who clearly enjoyed preliminary sessions, joking with lawyers between barrages of pointed questions.

The United States is divided on gay marriage. It is legal in only five states, although most of those, and the District of Columbia, approved it last year.

The approval of California's Prop 8 in November 2008 was a sweet victory for social conservatives in a state with a liberal, trend-setting reputation and showed off the resounding success conservatives have had at the ballot box on the issue.

California's top court had legalized gay marriage in the summer of 2008, months before Prop 8 passed.

Gay rights lawyers in the case describe their battle as a continuation of the fight against racist laws that had stopped whites and blacks from marrying. Marriage is a fundamental constitutional right and, in addition, gays and lesbians deserve special protection from discrimination, they say.

The lawyers defending the ban say long traditions limit marriage to heterosexual couples and that a state, without malice, can be cautious about changing the institution. Heterosexual couples can have children, which society needs to continue, they add.

While a court battle to the Supreme Court would stretch over years, the trial beginning on Monday may take only two weeks.

GAY PARENTS

“Issues about parents and children and the role of child rearing will be central to this case,” said Joan Hollinger, a lecturer in family law at the University of California, Berkeley.

The lack of societal acceptance of same-sex marriages was a problem for children of those relationships — an argument for allowing gay marriage, she said.

Ted Olson and David Boies, two high-powered lawyers who faced off over the legality of George W. Bush's election win as U.S. president against Al Gore in 2000, have joined forces in an odd-couple team fighting for gay marriage.

Andrew Koppelman, a professor of constitutional law at Northwestern University, said an appeal is certain no matter who wins in court in San Francisco.

If the appeals court were to side with the ban, the Supreme Court would probably leave it, but a victory by the gay rights advocates in the appeals court would force the Supreme Court to act, since it could not ignore such a momentous change.

“There is no way to keep this out of the Supreme Court if they win,” said Koppelman, who has written books arguing in favor of same-sex marriage but sees this push as ill-timed due to the composition of the nine-member top court.

“Who are going to be your five votes on the Supreme Court? I have trouble getting to one.”

(Reporting by Peter Henderson in Oakland; Editing by John O'Callaghan)

California Divorce Records

California divorce records are a valuable resource for learning all kinds of important facts about the people you deal with everyday and can help you make decisions regarding the people in your life. It can be beneficial to you if you are involved in a lawsuit. Whether you are suing someone or being sued yourself, knowing everything you can about the other party involved in the lawsuit is essential.

Divorce records are filed in the county where the divorce took place and stored at the state and county levels. Many states offer a way of obtaining a copy of your divorce records, but you must know where to request them. public records are held in physical files or in electronic form on the internet. divorce records are personal but public information nevertheless. They are widely searched for a multitude of reasons and purposes such as checking on prospective spouse, supporting legal proceedings, researching genealogy and so forth. Once divorce documents are online, the processing time will become more efficient, allowing anyone to view these public divorce records as long as they have Internet access. Another advantage of conducting a search for divorce divorce records online is that even with minimal information you will be able to obtain a lead for the full data on the divorce.

There are two basic versions of online divorce records, namely the free-of-charge type and the fee-based ones. The rule of thumb is to engage fee-based records if it is anything more serious than just casual snooping. Online divorce records supplied by those databases from the top-tier are very credible and up-to-date. As with many an online industry today, there is very keen competition and hence great consumer value.

With such commercial database, you only need minimal information like just the name and state of residence. Information will be immediately displayed if records exist, and will showcase the number of times a person has been divorced, reasons cited for the divorce, possible settlements.Search all available divorce records in the state you indicated and will instantly let you know if there is a match. Researchers should note that information documenting divorces is found in a variety of published and unpublished sources.

You will also find all sorts of information in a divorce file including the spouse’s name, date and place of marriage, and the names and
1000
birthdates of any children. divorce records search can help you verify if the subject is legally divorced. When and where filings were made, names of the parties involved, and case numbers as available.

By: Josh Elaine

Article Directory: http://www.articledashboard.com

If the choice of search is taken for California Divorce Records, visit us at California Divorce Records Search Online. We can help you with detailed information and pointers.

Technorati Tags: california birth records office, california marriage records gov, california marriage records search

Ok so 3 more posts today that I’ve dug up – I’m an information JUNKIE on this stuff lately. Give em a browse and let me know what ya reckon. They’re just from a few different sites I’ve been surfing lately that are generally good for information like this…

Calif. judge says 60 lbs. of pot confiscated by Highway Patrol must be …

According to court records, a California Highway Patrol officer arrested Doven after discovering the marijuana during a traffic stop. … Read More…

Some firms beset by probes get stimulus funds

At the same time, Boeing is trying to overturn a California toxic cleanup law. On Nov. 13, Boeing sued in federal court to invalidate SB990, which holds the … Read More…

Criminal Past for Gunman in Las Vegas

Records show that Mr. Wicks lost a federal lawsuit last year challenging a cut in his Social Security benefits after he moved to Las Vegas from California. … Read More…
That’s all the news for today guys, so until next time, thanks for stopping by.

Depends on the form of business organization. Sole proprietorships and partnerships typically publish their fictitious business name statements, so you can get information from those statements at the county clerk's office at the county of business' domicile.

With LPs, LLCs, and privately held corporations, there is no public record of ownership; California Secretary of State does not collect this information and, consequently, does not make it publicly available:

http://www.ss.ca.gov/business/corp/corp_…

_____

CHICAGO (Reuters) –
U.S. researchers have identified 10 locations in California that have double the rates of autism found in surrounding areas, and these clusters were located in neighborhoods with high concentrations of white, highly educated parents.

Researchers at the University of California Davis had hoped to uncover pockets of autism that might reveal clues about triggers in the environment that could explain rising rates of autism, which affects as many as one in 110 U.S. children.

But the findings likely say more about the U.S. healthcare system than the causes of autism, said researcher Irva Hertz-Picciotto of UC Davis' MIND Institute, whose study will be released online on Wednesday in the journal Autism Research.

Advocacy groups have been clamoring for treatment options and for better research to show what might be causing an apparent increase in autism cases.

Hertz-Picciotto and colleagues used a research technique that has been effective at identifying cancer clusters.

“This kind of analysis sometimes turns up clues about environmental factors,” she said in a telephone interview.

The researchers looked at about 2.5 million births recorded in California from 1996 through 2000. About 10,000 of those children were later diagnosed with an autism spectrum disorder, according to the state's department of developmental services.

Using data from birth records, the team found a strong link between parental education and the high rates of autism.

“In this particular case, we found 10 clusters of autism across the state of California. When we looked further, we discovered virtually all of them were areas where there was a higher level of education among the parents who were giving birth in those years,” Hertz-Picciotto said.

“We already know that people with a higher education in the United States are more likely to get a diagnosis of autism for their child. It doesn't necessarily mean that autism occurs more frequently in those families,” she said.

“It was also a greater likelihood to be white, non-Hispanic, and for the parents to be a little bit older.”

ACCESS TO HEALTHCARE

Hertz-Picciotto said studies in Denmark, which offers universal access to healthcare, have found no link between autism and race or socioeconomic status.

“In this country, we have a lot of people who are uninsured. They may not have someone to go to if they have suspicions about their child,” she said.

She said some communities with lower education levels and fewer resources may have higher rates of undiagnosed autism. But the study did offer new clues about autism.

“What it tells us is if we want to go looking for environmental factors, they are not going to be these focused fixed points of contamination, for example,” she said.

“It is probably going to be something much more widespread — common sorts of exposures that are more across the board.”

Hertz-Picciotto said her team is now undertaking two different kinds of studies to look for environmental causes of autism, a spectrum of diseases ranging from severe and profound inability to communicate and mental retardation to relatively mild symptoms called Asperger's syndrome.

In one, her team plans to collect dust samples from the homes of 1,300 families with autistic children to look for common chemicals, such as flame retardants, that might be playing a role.

In another, the researchers are following pregnant women who have already given birth to a child with autism, to see if there are any common exposures that might be a factor in developing autism.

(Editing by Mohammad Zargham)

Technorati Tags: california business public records, california criminal court records, california divorce records search

California Divorce Records

California divorce records are a valuable resource for learning all kinds of important facts about the people you deal with everyday and can help you make decisions regarding the people in your life. It can be beneficial to you if you are involved in a lawsuit. Whether you are suing someone or being sued yourself, knowing everything you can about the other party involved in the lawsuit is essential.

Divorce records are filed in the county where the divorce took place and stored at the state and county levels. Many states offer a way of obtaining a copy of your divorce records, but you must know where to request them. public records are held in physical files or in electronic form on the internet. divorce records are personal but public information nevertheless. They are widely searched for a multitude of reasons and purposes such as checking on prospective spouse, supporting legal proceedings, researching genealogy and so forth. Once divorce documents are online, the processing time will become more efficient, allowing anyone to view these public divorce records as long as they have Internet access. Another advantage of conducting a search for divorce divorce records online is that even with minimal information you will be able to obtain a lead for the full data on the divorce.

There are two basic versions of online divorce records, namely the free-of-charge type and the fee-based ones. The rule of thumb is to engage fee-based records if it is anything more serious than just casual snooping. Online divorce records supplied by those databases from the top-tier are very credible and up-to-date. As with many an online industry today, there is very keen competition and hence great consumer value.

With such commercial database, you only need minimal information like just the name and state of residence. Information will be immediately displayed if records exist, and will showcase the number of times a person has been divorced, reasons cited for the divorce, possible settlements.Search all available divorce records in the state you indicated and will instantly let you know if there is a match. Researchers should note that information documenting divorces is found in a variety of published and unpublished sources.

You will also find all sorts of information in a divorce file including the spouse’s name, date and place of marriage, and the names and
1000
birthdates of any children. divorce records search can help you verify if the subject is legally divorced. When and where filings were made, names of the parties involved, and case numbers as available.

By: Josh Elaine

Article Directory: http://www.articledashboard.com

If the choice of search is taken for California Divorce Records, visit us at California Divorce Records Search Online. We can help you with detailed information and pointers.

You can search the Social Security Death Index, which is not the same as a certificate at
http://ssdi.rootsweb.ancestry.com/ or http://www.familysearch.org/Eng/default.… once you have located it in the index you would have a better idea of where to either order the death certificate or where to search for it online.

There are other Death Indexes that you can search, most notably the California Death Index 1940-1997 at http://www.deathindexes.com/california/i… , which is the (free version) at Rootsweb.

A Genealogy Guide for Finding Obituaries, Cemetery Burials and Death Records for the state of California can be found at http://www.deathindexes.com/california/i… free and some fee.

Online California Death Indexes & Records
California Death Index 1940-1997 (requires payment) part of an Ancestry subscription, which also includes:
California Birth Index 1905-1995
California Marriage Index 1960-1985
California Divorce Index 1966-1984
California Voter Registrations 1900-1968 (for various counties & years; most are for 1900-1944)
California Death Index 1940-1997 (free version) at Rootsweb
Pre-1905 California Death Index Project for many counties.

Texas death certificates are available on FamilySearch.org on their pilot site at: http://pilot.familysearch.org/recordsear… I believe the project is now complete and I just learned that some Ohio death certificates are on that site as well.

There are a few websites that have some vital records at no charge. For example, the state of Missouri has death certificates for the years 1910-1958 on their website at: http://www.sos.mo.gov/archives/resources… A few pre 1910 birth and death certificates are also available on the site but all of their records have not been transcribed yet.

There are many other indexes and some that have some actual death certificates online but knowing the time period and state would go a long way toward helping someone locate them. However, there is no centralized location where all death certificates that are online can be searched.

Technorati Tags: birth records of california, california birth and death records, california marriage certificate records

Marriage Records Lorain County: That still won’t help you if the person was marriageed somewhere other than where they were living or if they have a Marriage record in places that you don’t even know that they lived. Marriage marriage records are documentation following marriage proceedings, which normally include the name of the husband and wife, date of the marriage and the date of the marriage. Other information that may also be included in marriage documents are the date of birth of both the spouses, the addresses of the spouses and the names and ages of their children. The reason for the marriage and the property they both own can also be seen in marriage documents.. This shouldn’t be a problem since a public record request doesn’t deal with any confidential government info.

Marriage Records List: It also gives you an understanding of any claims that could be made against money that you would jointly make in a business venture. Court Marriage Marriage records can be useful for a myriad of reasons. See http://www.govdivorcerecords.cn/Divorce.Records.Los.Angeles.California.factory~423KjIk7NU.html Did the police making marriage inform you about your rights as a citizen?

Were the tests done in accordance with the Standardized NHTSA guidelines?

Were the conditions proper?

Were your physical disability (if any), age, psychological conditions, weight given due attention while DWI tests were performed on you?

Hiring a competitive DWI Austin attorney: Don’t try to be your own attorney if you are not qualified. Let a professional do his job. A DWI Attorney Specialist firm will ideally comprise Attorneys, Paralegals, investigator, outside forensic toxicologist, an outside evaluation group. The investigator is ideally a retired officer who has past experience of handling DWI cases at various levels..

Getting Marriage Records

In case of Instant search one can have access to the records instantly and quickly but every state jurisdiction may not offer instant access to its criminal records. Of course you should never choose to ignore it. More at http://www.divorcerecordsearchusa.cn/Divorce_Records_For_Oklahoma_info~PsNhGO5yo.html Crimes can be separated into felonies and misdemeanors.

Marriage Records Free

You can also run a search of thousands of real estate documents to learn the prices that buyers are paying in your neighborhood. DWI Austin Marriage cost: At least 6 months of worries and approximately $8500 expense. This includes attorney’s fee, additional insurance, surcharges, Applying for temporary license etc. Hiring an attorney, appearing in court, not being able to drive, a bad police record, etc are things that you cannot convert in money and the stress and inconvenience it can cause immeasurable trauma.

First before I confuse you to the point of no return I am talking about an marriage by a police officer for an alleged crime. What I am not talking about is any other type of marriage whether it be a citizen’s marriage for loitering or a cardiac marriage after suffering a massive heart attack that involved the Left Anterior Descending Artery. I just want to make some comments that may help a reader when they are marriageed in an instance where the law has either overstepped their bounds or where they are not understanding the situation that has transpired.. See http://www.marriagerecordsearch.cn/How+Find+Marriage+Counselor_factory!EgrO.html Crimes can be separated into felonies and misdemeanors.

About The Author

John Wigington is an expert in bucky king lake havasu arrest records for over 20 years. More sources at http://www.publicmarriagerecord.cn/court-records/divorce-court-records-in-oklahoma.php

LAS VEGAS – Investigators say Johnny Lee Wicks was on a suicide mission the day he torched his apartment, hid a Mossberg 12-gauge shotgun under his black trench coat and walked three miles to the federal building in downtown Las Vegas.

The 66-year-old ex-convict was leaving behind a “lengthy” criminal history, including prison time for killing his brother in Tennessee and jail time for domestic violence in California, authorities said Tuesday.

He believed he was discriminated against because he was black, court records show, and he harbored a grudge against the government for cutting his $974 monthly Social Security benefits to $688 after he moved from California to Las Vegas.

It was just after 8 a.m. Monday when Wicks returned to the courthouse where his lawsuit over his benefits had been dismissed in September. He opened the door, pulled the shotgun from under his coat and fired.

“Acts such as this cannot be predicted,” Clark County Sheriff Doug Gillespie said as FBI, U.S. Marshals Service, police and U.S. attorney’s officials returned to the plaza in front of the Lloyd D. George U.S. Courthouse and Federal Building.

“A lone gunman on a suicide mission is nearly impossible to prevent,” Gillespie said.

Flags flew at half-staff as the officials described the furious gunbattle on the site a day earlier.

Wicks paused to reload after the first three blasts inside the courthouse entryway and fired twice outside with federal marshals and court security officers in pursuit.

Seven court officers and U.S. marshals fired 81 shots, said Kevin Favreau, special agent in charge of the Las Vegas FBI office.

Stanley Cooper, a courthouse security guard, was shot by Wicks in the chest and mortally wounded. He wasn’t wearing a bullet proof vest, officials said. But he was able to fire one shot as he confronted Wicks at a security screening station in the entryway.

Wicks also wounded a 48-year-old deputy U.S. marshal as he retreated across Las Vegas Boulevard. Wicks died in desert landscaping next to the bullet-pocked stucco walls of a historic school house.

He had been wounded in the stomach, and died from a gunshot wound to the head fired by one of his pursuers, officials said.

Wicks still had one shell in the shotgun, FBI Special Agent Joseph Dickey said.

Cooper, a 72-year-old retired Las Vegas police sergeant who became a court security officer in 1994, was praised as a hero.

“All he ever did was serve,” his employer, Daya Singh Khalsa, president of Akal Security Inc., said from Espanola, N.M. “He was the senior CSO in Las Vegas, and part of the law enforcement community for 41 years.”

Gary Orton, U.S. Marshal for Nevada, said the 48-year-old deputy marshal who was wounded was treated overnight and released from University Medical Center in Las Vegas. The 24-year veteran of the service was not identified.

Officials said they didn’t know what set Wicks off. Favreau said investigators don’t believe he threatened violence before starting a fire in a closet in his apartment a few minutes after 5 a.m. Monday. Dickey said Wicks said nothing as he entered the courthouse.

“The security officers and law enforcement officers did their job well yesterday,” Gillespie said. “They kept everyone inside and outside that courthouse safe. The gunman was not able to access the courtrooms or the judges.”

Authorities said it wasn’t the first violence in Wicks’ life.

Wicks killed his brother, Leo Wicks, with a shotgun in Memphis in 1974, and was sentenced in 1976 to 12 to 15 years for second-degree murder, authorities said. He was paroled in 1981, said Dorinda Carter, spokeswoman for the Tennessee Department of Corrections.

He was accused of assault to commit rape in Sacramento in 1989, according to the FBI. But prosecutors rejected that case for insufficient evidence, said Albert Locher, assistant Sacramento County district attorney.

Wicks served jail time after pleading no contest to domestic battery in Sacramento in 1995, court records show.

Wicks also feuded with managers of a downtown apartment building for seniors and people with disabilities in Fresno, where his handwritten protest of his eviction and a small claims court filing in 1998 included an allegation that he was ousted “Because I am Black.”

“It’s all about race. I am no fool,” he said in the handwritten federal lawsuit he filed against the Social Security Administration in March 2008 after declaring himself indigent. In it he said he’d suffered a stroke years ago.

“This action by this office will make it very hard for me to pay my rent and energy bill,” he said.

____

Associated Press writers Oskar Garcia in Las Vegas, Devlin Barrett in Washington, Garance Burke in Fresno, Judy Lin in Sacramento and Joe Edwards in Nashville contributed to this report.

Public Marriage Records For California Couples

California Marriage Records contain data on names, licenses and counties for marriage applications. All California Marriage Records are kept by the California Department of Public Health Office of Vital Records. Individual counties issue confidential records pertaining to licenses that were issued out of their office. The same is true for divorce records. They will be found only in the county of which the Superior Court ordered the divorce decree. California’s law – The California Public Records Act – mandates that all public records and copies are made available to anyone.

You can find free California marriage records at county offices as well as online at various websites offered by government agencies of the state of California. The information found at these places will suffice for the purpose of broad research but if you need something more detailed and in-depth, an official set of marriage records is probably necessary. In the state of California, the Office of Vital Records is authorized to release marriage records, as well as Certificates of Record in divorce cases. Fees are charged for the issuance of their certified copies.

So, we therefore have the choice of going it ourselves in gathering California Marriage Records or hire professional help to perform the task for us. It’s an individual thing and each has its own merits and setbacks. Obviously, marriage records from free sources save money but their standards inevitably won’t match up to those from fee-based ones. Often too, circumstances demand that such information is obtained through certified bodies thus ruling out the DIY (do-it-yourself) option.

Within the state of California, you can view Marriage Records Search at the Public Health office in each county or request them via email or internet. Contact the California Department of Public Health Office of Vital Records to obtain the lists of necessary forms and fees for acquiring official copies of both marriages and divorces. But be forewarned – getting marriage records on your own takes some work and waiting time. The California Office of Vital Statistics has a backlog of up to six months. They advocate going directly to the incumbent county offices in person to view and request copies of all types of public records. It is
1000
advisable to enquire ahead through telephone as different counties require different forms and fees for this service.

A practical solution to get around the lead-time and legwork is by turning to commercial record providers. With their experience and infrastructure, they can speed things up considerably for you. They can turnkey the whole thing for you. Their service includes searching and retrieving the California Marriage Index based on the information that you supply, placing order for them and follow through on the delivery of their certified copies.

Providing Public Marriage Records commercially is a professional service and the industry is immensely competitive. That’s a good thing for consumers as this drives up the quality of service and keep the prices down. Fees are typically quite affordable by normal standards and users often find the superior speed and efficiency well worth the cost. On top of that, many of these information brokers maintain large databases of marriage records and offer free viewing to potential customers.

With over 36 million residents living in California today, on top of the hundreds of millions in years past, there are quite a bit of California marriage records on file and archive. Finding just the ones spot-on is potentially daunting and error-prone for the amateur. In all practicality, it will be worth the cost to hire professionals for the task. After all, the subject of marriage records is hardly ever a trivial matter.

By: Josh Elaine

Article Directory: http://www.articledashboard.com

Do-it-yourself California Marriage Records are tricky. Come and share our information on Public Marriage Records and see why.

Technorati Tags: california birth certificate records, california criminal records gov, california department of public records

If you’ve been keeping up with my blog posts lately you’ll know I’ve come to adding a few news posts from around the web on this subject. I’ve got a couple more today that are new and updated, so let me know what you think of em…

The California Public Records Act

The California Public Records Act of 2004 is an update of the 1968 law mandating the citizens' right of access to public records in the State of California. The CPRA was inspired by the Federal Freedom of Information Act (FOI) two years …

Gay Marriage Question in California… Again « Millennial Thoughts

Transparency and very public records and the judge's goal of raising awareness about the judicial system are all good things. But like I said, we'll have to see how it goes. Although… hmm. The link at the bottom of that article is …

California Marriage Records

For better access to these public marriage records, Free Marriage Records are on the go as well. Together with Divorce, Death and Birth, they are part of the core government vital public records that are made available for public access …

Hope you enjoy the read as much as I did and please if you have something to say, use the comments form below to let everyone know your thoughts.

Have a great day!

Unlawful Or Lawful Arrest Dmv Finding After California Dui?

UNLAWFUL ARREST
Though not expressly stated in VC ǧ13353(c)(2) or 13557(b)(2)(B), other statutes and case authority establish that what is actually required in a DMV administrative per se hearing as a result of a California DUI arrest is proof that the person was “lawfully” arrested.

(See, VC §23612(a); Mercer v. DMV (1991) 53 C3d 753, 280 CR 745; Gikas v. Zolin (1993) 6 C4th 841, 25 CR2d 500; and Lake v. Reed (1997) 16 C4th 448, 65 CR2d 860.)

A. What Constitutes an Arrest?
An officer’s use of “magic words” is not the sole basis for determining whether an arrest has occurred—the trier of fact must look to the essential elements of custody, Ormonde v. DMV (1981) 117 CA3d 889, 173 CR 79, and distinguish between a temporary detention and a formal arrest. (See People v. Freund (1975) 48 CA3d 49, 119 CR 762 – defendants arrested when they were placed in the back of a patrol car while police obtained a search warrant, even though officer said arrest took place after the search). Where an arrest does take place, the timing of it is determined by looking to the essential elements of taking the arrestee into custody and actual restraint or submission to custody. (See, People v. Parker (1978) 85 CA3d 439, 443 and Green v. DMV (1977) 68 CA3d 536.)

B. Penal Code §836
Application of PC §836 to drunk driving cases nearly always involves a question of whether or not the defendant’s activities witnessed by the arresting officer (or other appropriate person) amounted to the act of “driving” as it is defined for these purposes.

As for what acts constitute “driving,” the California Supreme Court cleared up a lot of confusion with the decision in Mercer v. DMV (1991) 53 C3d 753, 280 CR 745, holding that proof of “driving,” in the presence of the arresting officer, requires proof that the arresting officer witnessed volitional movement of the vehicle by the defendant. Thus, the Supreme Court held that if the vehicle isn’t observed moving, i.e., rolling, then it isn’t being driven. Sister state statutes generally prohibit “driving” or “operating” a motor vehicle while under the influence of alcohol, and some prohibit both (e.g., Florida). In order to operate a motor vehicle one does not have to actually move the car. California, however, has a “driving” only statute, and as Mercer p
1000
oints out, this requires actual movement of the vehicle.

C. Circumstantial Evidence of Driving—Arrest Illegal
Arrest Illegal: The continuing validity of several presence-by-circumstantial-evidence decisions is in doubt in light of the Supreme Court’s decision in Mercer, wherein the court said:

Because Penal Code section 836, subdivision 1, provides that a warrantless misdemeanor arrest is permissible only if a public offense occurs in the arresting officer’s “presence,” and because the officer in this case did not see Mercer’s vehicle move, we conclude Mercer was not “lawfully arrested” for a violation of section 23152(a) and thus cannot be subjected to the license revocation provisions of sections 23157 and 13353 as presently written.

In Mercer v. DMV (1991) 53 C3d 753, 280 CR 745, the court said:

We emphasize at the outset the narrow scope of our inquiry and holding. We do not hold that observed movement of a vehicle is necessary to support a conviction for “drunk driving” under §23152. The lower courts have routinely upheld such convictions in the absence of evidence of observed movement of a vehicle. [Citation.] Nothing in this opinion calls in question the holdings of these cases.

Presumably, this situation (no presence at offense but charges filed anyway) might come about where no one was present for the offense and the respondent was arrested later on a warrant.

D. Cops and Private Citizens
Freeman v. DMV (1969) 70 C2d 235, 74 CR 259, also made it clear that a misdemeanor arrest is legal under PC. §836, so long as the offense occurred in the presence of someone, even a private citizen, and so long as that person either makes a citizen’s arrest, or tries to, or detains the offender until police arrive. The private citizen has to do more than just call the police and hang around to tell them what happened. The Freeman Court said, at page 238:

In People v. Sjosten, 262 CA2d 539, 68 CR 832 (Cal. App. 1st Dist. 1968), rev. den., a citizen observed the defendant prowling in the night time and called the police, who thereupon arrested the defendant. After holding that the citizen had the right to make an arrest under §837, subdivision 1, of the Penal Code, [footnote quoting language of section] the Court held that the arrest made by the officer was valid,

stating at page 544:

As to the delegation of her authority to another person, §839 of the Penal Code provides: “Any person making an arrest may orally summon as many persons as he deems necessary to aid him therein.” This statute impliedly authorizes the delegation of the physical act of taking an offender into custody.

In People v. Harris, (1967) 256 CA2d 455, 63 CR 849, a citizen, who had observed the defendant commit a misdemeanor “hit-run” violation, pursued the defendant and detained him while another person went for the police. After the defendant was delivered to a police officer, the latter informed him that he was under arrest for the “hit-run” violation. In discussing the effect of the police officer’s assuming custody of the defendant after his detention by the citizen, the Court of Appeal stated: “An arrest is more than a transient momentary incident. It continues through a transfer of custody of the accused from a citizen to a peace officer.” (Harris, at p. 459-460.)

Similarly, the arrest made by CHP officer __________ in this case was a “transient momentary incident,” which, evidently, had its beginning in the action taken by the officer when he received some dispatch call regarding a certain driver. In other words, the initial detention and subsequent arrest by officer ___________ was based upon nothing other than some dispatch call to the officer.

Likewise, in People v. Walker, 203 CA2d 552, 21 CR 692, the arresting officer gave the defendant some sobriety tests and concluded he was under the influence of alcohol. The officer had not seen the defendant commit the alleged offen
1000
se of drunk driving, and the arrest was therefore determined to be unlawful. Other persons at the scene told the officer that the defendant’s car had been weaving from one side of the road to the other before it collided with a parked car and came to a stop; but it does not appear that anyone had sought to make a citizen’s arrest or detain the offender until the police arrived or, as occurred in the present case, that another officer had witnessed the
offender’s actions and “stopped” him. In direct response to the holding in Freeman, police frequently have the citizen request the arrest, and do so in writing.

In Padilla v. Meese (1986) 184 CA3d 1022, 229 CR 310, an implied consent hearing case, an agricultural inspection station attendant made a legal citizen’s arrest for drunk driving in his presence. The police officer merely took the defendant into custody for him. In Johanson v. DMV (1995) 36 CA4th 1209, 43 CR2d 42, a citizen’s drunk driving arrest was found legal even though the citizen hadn’t explicitly stated that the arrest was for drunk driving. In People v. Campbell (1972) 27 CA3d 849, 104 CR 118, the Court said:
A private person may arrest another for “a public offense committed or attempted in his presence” (Pen. C. §837). The term “public offense”
includes misdemeanors (Pen. C. ǧ15 and 17; Burks v. U.S., 287 F.2d 117; People v. Sjosten , 262 Cal.App.2d 539, 543, 68 Cal.Rptr. 832) and
the person making the arrest may summon others to aid him in the arrest (Pen. C. §839). Although there was evidence that Greenwood himself took defendant into custody, Greenwood also had the right to delegate “the physical act of taking an offender into custody” to the other persons summoned, Officer Johnson and Mr. Frazier (People v. Sjosten, supra, p. 544; People v. Wolfgang, (1923) 192 Cal. 754, 221 P. 907).

Nor under the circumstances of immediate pursuit was Greenwood required to tell defendant that he was under arrest (Pen. C. §841; People v. Harris, 256 Cal.App.2d 455, 459, 63 Cal.Rptr. 849 (Cal. App. 1st Dist. 1967)). We conclude that defendant was legally arrested by Greenwood with the aid of Officers Johnson and Frazier.

E. Admission of Driving Doesn’t Create Presence
Although there is no admission here, the defendant’s admission of driving is no more relevant to whether or not the offense was committed in the presence of the arresting officer than was his alleged “subjective failure” of the field sobriety tests. Hence, the “driving in the presence” requirement cannot have been accomplished here as is specifically and statutorily required by PC §836. Conversely, however, is the fact that a respondent’s admission can establish the fact that an accident occurred, which constitutes a statutory exception to the presence requirement (See, Corrigan v. Zolin (1996) 47 CA4th 230, 54 CR2d 634 and VC §40300.5(a)).

F. No Vehicle Code Exception To Officer’s Presence Is Applicable
The only exceptions to the “presence” requirement under PC §836 for a DUI arrest are found in VC §40300.5, of which none are applicable to the case at bar. VC §40300.5 states as follows:

40300.5. In addition to the authority to make an arrest without a
warrant pursuant to paragraph (1) of subdivision (a) of Section 836 of the Penal Code, a peace officer may, without a warrant, arrest a person when the officer has reasonable cause to believe that the person had been driving while under the influence of an alcoholic beverage or any drug, or under the combined influence of an alcoholic beverage and any drug when any of the following exists:

(a) The person is involved in a traffic accident.
(b) The person is observed in or about a vehicle that is obstructing a roadway.
(c) The person will not be apprehended unless immediately arrested.
(d) The person may cause injury to himself or herself or damage property unless immediately arrested.
(e) The person may destroy or conceal evidence of the crime unless immediatel
e28
y arrested.

Thus, for example, where a peace officer (having probable cause) could arrest a person for misdemeanor driving under the influence of alcohol or drugs not committed in the officer’s presence where evidence could be destroyed unless the person was immediately arrested, VC §40300.5(e) created an exception to the presence requirement of PC §836, because evidence could be destroyed by the simple passage of time unless the person was immediately arrested. However, this did not authorize a peace officer to forcibly enter a residence to effect such an arrest. [See, People v. Schofield (2001) 90 CA4th 968, 109 CR2d 429.]

By: sandiegoduilawyer

Article Directory: http://www.articledashboard.com

DUI Specialist Rick Mueller is the only San Diego DUI lawyer who was the featured Speaker at 7 DUI seminars in San Diego County in the last several years. Rick Mueller is known as the “DMV Guru”, and has practiced law since 1983.

Technorati Tags: access to public records in california, california court records public access