Monday, August 6, 2012

Illegal Camping no 4th Amendment Violation


Case Name: People v.   Nishi , District: 1 DCA , Division: 1 , Case #: A129724

Opinion Date: 7/13/2012  , DAR #: 9687

Case   Holding:

A warrantless search of a campsite does not violate the   Fourth Amendment when a person is not legitimately on the premises and is aware   that occupying the premises without consent is illegal. In 2010,   appellant sent e-mails to the Department of Defense complaining that Department   of Fish and Game personnel had unlawfully shot protected mountain lions and that   he was armed and would fire on all sheriffs and Fish and Game personnel. The   e-mail was forwarded to local agencies who advised their staff to take   precautions. A deputy sheriff located appellant on a preserve and arrested him.   Appellant's campsite was searched and shotgun shells were located and seized   from a tarp surrounding the tent. The warrantless search did not violate the   Fourth Amendment. Appellant had no reasonable expectation of privacy because he   was not lawfully or legitimately on the premises. Camping on the preserve was   prohibited without a permit and appellant did not have one. Because he   previously had been cited for illegal camping and evicted from other campsites   in the preserve, he was conscious of the illegality. Appellant was not in a   position to legitimately consider the campsite as a place society recognized as   private to him.

It's usually not a good idea to inform police agencies that you are armed and willing to shoot at peace officers. In the event that you do, it is very likely that they will seek you out and arrest you. In the event that you are arrested after boasting to the police about your willingness to shoot them, it's probably a good idea you say nothing incriminating as you are taken into custody. It's also not a good idea to shoot at them as they are approaching you.

Nonetheless, contact the law office of George Derieg if you have been arrested for illegal camping, or cited for it by the Department of Fish and Game.

George Derieg
www.eastbayattorney.com
510-355-2747

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