2009-11-26 What is a Warrant and why there is none for Richard Fine

1) What is a Warrant?
A Warrant establishes the legal foundation for an Arrest. A Warrantless Arrest is deemed violation of the Fourth Amendment to the U.S. Constitution, and also represents Arbitrary Arrest in violation of Human Rights in ratified International Law.

An "Arrest Warrant" is usually issued by a criminal court judge. The judge determines that there is a probable cause that the subject of the warrant committed a crime. An "Arrest Warrant" is usually requested by a prosecutor, who filed a complaint against the subject, and who presents that judge with the probable cause.

2) What does it look like?

Some of these are a bit old -

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Example #1

Arrest Warrant

warrant page 1

warrant page 2

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Example #2

Randy Quaid Wanted by Police for Defrauding an Innkeeper

September 24th, 2009

Allegedly Comedian Randy Quaid and his wife are wanted for Burglary and theft of a Bed and Breakfast Inn located in Santa Barbara, California estimated damage are near $20,000. More to come as news trickles in

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Example #3

3) Why was there none for Richard Fine?

Because he was subjected to warrantless, arbitrary arrest. Because his arrest was in violation of the law.

4) Why wasn't it an issue in the Habeas Corpus petition or the Energency Peititon to the U.S. Court of Appeals, 9th Circuit?

Because these were not honest, valid, and effectual court actions, these were dishonest, invalid, and ineffectual court actions, in other words - sham court actions.

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5) Could you provide an example of an honest valid, effectual court action in re: Warrantless Arrest?

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Example #1 Article: 9th Circuit: Warrantless arrest of felon is alright Article from: Crime Control Digest Article date: March 7, 2003 Author: Anonymous Copyright

Police with a warrant to search for a suspect have authority to arrest an armed felon unnamed in the warrant who resides at the same address, the 9th Circuit decided.

Bobby Der Enslin argued U.S. marshals had no constitutional right to arrest him on a gun possession charge when marshals had a warrant for another person

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Example #2

9th Circuit rules warrantless arrest justified by standoff

By Anonymous
Publication: Lawyers USA
Date: Monday, March 16 2009

Police need not obtain an arrest warrant before taking a suspect into custody after a 12-hour armed standoff, even though exigent circumstances may have dissipated, the en banc 9th Circuit has ruled.

The defendant was in his home when he pointed a gun at a security guard investigating loud music

in another apartment. When police arrived, he was visibly drunk, belligerent and threatened to shoot police if he came on or near his property.

After a 12-hour standoff during which the defendant retreated into his apartment for several hours, the police arrested him.

He sued under [section]1983, claiming that the police should have obtained a warrant because the exigency had dissipated by the time they arrested him.

A U.S. District Court and the 9th Circuit agreed.

But the en banc panel reversed.

"This armed standoff was a single Fourth Amendment event. ... [The defendant] threatened the officers shortly after they arrived, and retained full control of his eighteen guns and ammunition until the end. The entire standoff was an uninterrupted, fluid engagement between [him] and the police. ... In sum, no event of Fourth Amendment significance occurred that would re-trigger the warrant requirement and compel the police to inquire as to whether exigent circumstances still existed. ...

"[S]uggesting that a magistrate should be telling police in the middle of the standoff that they must withdraw or what tactics are permissible does not strike us as a reasonable role for a judicial officer under the Fourth Amendment," the court said.

U.S. Court of Appeals, 9th Circuit. Fisher v. San Jose, No. 04-16095. March 11, 2009. Lawyers USA No. 993-554.

Credit: Lawyers USA Staff

"This case should demonstrate that the FBI will pursue all allegations of judicial corruption vigorously, as public corruption violations are among the most serious of all criminal conduct and can tear at the fabric of a democratic society," said John F. Pikus, special agent in charge of the Albany division, in a prepared statement.