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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