Posted by ChrisM on December 06, 2001 at 09:42:27:
In Reply to: Re: Undersize Lobster - Open Reply posted by Dave on December 05, 2001 at 23:41:13:
unfortunately, you're wrong.
While you may be able to get off on a technicality if you're not brought to trial within the statutory time period, game wardens can consitutionally search your game bag. California wildlife belongs to the people, not you, and the taking of game is highly regulated. The wardens are given wide latitude to enforce those regulations on behalf of the people. This is from case law, BTW, not my own words.
Your theory is about as good as me stealing a CD, sticking it down my pants, and then crying "4th amendment" when they try to stop me. Or having an out of season deer in the trunk of your car.....
Oh, and BTW, I'd watch out for when the DA finds and quotes this little nugget from a 1981 case (I'll leave you to research it yourself, since you are so well-versed):
"The 1930 decision in Harris v. Municipal Court, supra, and the 1960 decision in Rost v. Municipal Court, supra, support defendant's contention that a presumption of prejudice exists for postmisdemeanor complaint delay, but these decisions have been superseded and impliedly overruled by the later holdings of Barker v. Wingo, supra, Jones v. Superior Court, supra, and Scherling v. Superior Court, supra."
Have fun ....
Chris