Posted by RealityCheck on August 02, 2002 at 23:46:48:
In Reply to: For those intending to rely on Rost motions to poach game.... (long) posted by ChrisM on August 02, 2002 at 14:30:46:
Your own citations counter your claims;
" It is only in those situations where the Legislature has implemented the speedy trial guarantee in a statute specifying a time limit in days in which a defendant is to be brought to trial that the balancing test is not applied and prejudice is presumed. In applying the statutory period, the defendant, claiming a speedy trial violation, is presumed to have suffered prejudice (Scherling v. Superior Court, supra) and the People have the burden of justifying the delay by a showing of "good cause." (Pen.Code, s 1382; see Owens v. Superior Court (1980) 28 Cal.3d 238, 168"
Precedent is well established that the right to a speedy trial attaches at the time one becomes accused, not when one is araigned. This runs contrary to all popular belief but that is ok, I used to get infraction and a few misdemeanor citations dismissed wholesale based upon obscure technicalities and motions based upon little known precedents.
There is no lawful statutory difference in the time frame for a speedy trial between misdemeanors and felonies, as any distinction does not satisfy the requirements of the 14th Amendment, just like all provisions of law relating to misdemeanors applies to infraction under Penal Code Section 19d, with a few exceptions like a jury trial.
I don't advocate going around poaching, but what the DFG does is often highly criminal, and an organized crime gang like the DFG is fair game for having the BS game created by the tyrants used against them.
Now if on the other hand they nab someone and they play by not their treasonous rules but by the Constitution and reason, then those nabbed have it coming to them. If the DFG was really concerened about lobster, then they would pass a law requiring we throw back pregnant females as I do.
Any case authorizing the search of a person in a public or semi public place just because there is the possibility they may have game is not a valid court precendent, because the Constitutuon says it isn't valid. That is why felons are not required to register guns because it would incriminate them.