[2]
The people of the State of California are supreme and have the
undoubted right to protect themselves and to preserve the form of
government...
Steiner v. Darby (1948) 88 Cal.App.2d 481
CALIFORNIA GOVERNMENT CODE
11120 .
It is the public policy of this state that public agencies exist to aid
in the conduct of the people's business and the proceedings of public
agencies be conducted openly so that the public may remain informed.
In enacting this article
the Legislature finds and declares that it is the intent of the law
that actions of state agencies be taken openly and that their
deliberation be conducted openly.
The people of this state
do not yield their sovereignty to the agencies which serve
them. The people, in delegating authority, do not give
their public servants the right to decide what is good for the people
to know and what is not good for them to know. The people
insist on remaining informed so that they may retain control over the
instruments they have created.
54950 DECLARATION OF LEGISLATIVE PURPOSE .
"In enacting this chapter, the Legislature finds and declares that the
public commissions, boards and councils and the other public agencies
in this State exist to aid in the conduct of the people's
business. It is the intent of the law that their actions be
taken openly and that their deliberations be conducted openly.
The people of this State
do not yield their sovereignty to the agencies which serve
them. The people, in delegating authority, do not give
their public servants the right to decide what is good for the people
to know and what is not good for them to know. The people insist
on remaining informed so that they may retain control over the
instruments they have created".
CONSTITUTION OF THE STATE OF CALIFORNIA
Article I: Declaration of Rights
Sec. 1.
All
men are by nature free and independent, and have certain unalienable
rights, among which are those of enjoying and defending life and
liberty: acquiring, possessing and protecting property: and pursuing
and obtaining safety and happiness, and privacy.
Sec. 10.
The people shall have the right freely to assemble together, to consult for the common good,
Sec. 21.
(1849 Constitution)
This enumeration of rights shall not be construed to impair or deny others, retained by the people.
CALIFORNIA GOVERNMENT CODE
4. No action or proceeding commenced before this code takes effect, and no right accrued, is affected by this code,...
CALIFORNIA CIVIL CODE
6. No action or proceeding commenced before this Code takes effect, and no right accrued, is affected by its provisions.
CALIFORNIA VEHICLE CODE
GENERAL PROVISIONS
SHORT TITLE
Pending Proceeding and Accrued Rights
4. No action or proceeding commenced before this code takes effect, and no right accrued, is affected by the provisions of this code,...
ac·crued
intransitive verb
1: to come into existence as a legally enforceable claim
2 a : to come about as a natural growth,
increase, or advantage <the wisdom that accrues with age>
b : to come as a direct result of some state
or action <rewards due to the feminine will accrue to me — Germaine
Greer>
1425–75; late Middle English acreuen, probably
from Anglo-French *acrue increase, from acreistre to increase, from
Latin accrescere, from ad- + crescere to grow — more at crescent First
Known Use: 15th century
accrue (??kru?)
— vb , -crues , -cruing , -crued
1. to increase by growth or
addition, esp (of capital) to increase by periodic addition of interest
2. (often followed by to ) to
fall naturally (to); come into the possession (of); result (for)
3. law (of a right or demand) to
become capable of being enforced
[C15: from Old French accreue growth,
ultimately from Latin accre-scere to increase, from ad- to,
in addition + cre-scere to grow]
Collins English Dictionary - Complete & Unabridged 10th Edition
2009 © William Collins Sons & Co. Ltd. 1979, 1986 © HarperCollins
Publishers 1998, 2000, 2003, 2005, 2006, 2007, 2009
Cite This Source
A statutory privilege cannot override a defendant's constitutional right. If that right would be thwarted by enforcement of a statute, the state... must yield.
Vela v. Superior Ct. (1989) 208 Cal.App.3d. 141
A statutory privilege cannot override a defendant's constitutional right.
People v. Reber (1986) 177 Cal.App.3d. 523
"A statute does not trump the Constitution."
People v. Ortiz (1995) 32 Cal.App.4th at p. 292, fn. 2
Conway v. Pasadena Humane Society (1996) 45 Cal.App.4th 163
UNITED STATES OF AMERICA, v. JERRY ARBERT POOL, C.A. No. 09-10303,
IN THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
(Opinion filed September 14, 2010), On Appeal From The United
States District Court For The Eastern District of California
"The exercise of a Constitutional Right cannot be the basis of a crime."
Marchetti v. U. S. 390 U.S. 39 (1968)
There can be no sanction or penalty imposed upon one because of the exercise of a constitutional right.
Sherar v. Cullen, 481 F. 945 (9th Cir. 1973)
Spevack v. Klein, 385 U.S. 511 (1967)
GARRITY v. NEW JERSEY, 385 U.S. 493 (1967)
MALLOY v. HOGAN, 378 U.S. 1 (1964)
BOYD v. U S, 116 U.S. 616 (1886)
CALIFORNIA CIVIL CODE
1708.
Every person is bound, without contract, to abstain from injuring the
person or property of another, or infringing upon any of his or her
rights.
CALIFORNIA CODE OF CIVIL PROCEDURE
1866.
When a statute or instrument is equally susceptible of two
interpretations, one in favor of natural right, and the other against
it, the former is to be adopted.
“A state cannot impose restrictions
on the acceptance of a license that will deprive the licensee of
his constitutional rights”.
Ruckenbrod v. Mullins, 102 Utah 548
We conclude that the right to
intrastate travel (which includes intramunicipal travel) is a basic
human right protected by the United States and California Constitutions
as a whole. Such a right is implicit in the concept of a
democratic society and is one of the attributes of personal liberty
under common law. (See 1 Blackstone, Commentaries 134; U.S.
Constitution., art. IV, section 2 and the 5th, 9th and 14th Amends.;
Cal. Const., art. I, section 7, subd. (a) and art. I, section 24, which
provides: "Rights guaranteed by this Constitution are not
dependent on those guaranteed by the United States
Constitution. This declaration of rights may not be
construed to impair or deny others retained by the People.")
In re White (1979) 97 Cal.App.3d 141
"…the right of the citizen to drive
on a public street with freedom from police interference, unless he is
engaged in suspicious conduct associated in some manner with
criminality, is a fundamental constitutional right which must be
protected by the courts."
People v. Horton (1971) 14 Cal.App.3d 930
It is settled that the streets of a
city belong to the people of a state and the use thereof is an
inalienable right of every citizen of the state.
Whyte v. City of Sacramento (1924) 65 Cal.App. 534
Escobedo v. State Dept. of Motor Vehicles (1950) 35 Cal.2d 870
"'The streets of a city belong to
the people of the state, and every citizen of the state has a right to
the use thereof, subject to legislative control .... "The use of
highways for purposes of travel and transportation is not a mere
privilege, but a common and fundamental right, of which the public and
individuals cannot rightfully be deprived ... [A]ll persons have an
equal right to use them for purposes of travel by proper means, and
with due regard for the corresponding rights of others. [Citations.]"'
[Italics added, fns. omitted.]
City of Poway v. City of San Diego, 229 Cal.App.3d 847 [No. D013680. Fourth Dist., Div. One. Apr. 26, 1991.]
That as a condition of qualifying
for the "driving privilege" you were required to FORFEIT or WAIVE your
"reasonable expectation of privacy"?
...there
is no expectation of privacy in a license plate on the exterior of a
car being driven in public. (Harding (Ariz.1983) 670 Pac.2d 383, 392;
Matthews (10th Cir. 1980) 615 F.2d 1279; see also Class (1986) 475 U.S.
106, 114.)
California Peace Officer's Legal Source Book, SEARCH AND SEIZURE - VEHICLES 4.13
...a driver of a vehicle does not have a reasonable expectation of privacy in the VIN, even when the VIN is not in plain view.
New York v. Class, 475 U.S. 106 (1986)
And did you know that you also
FORFEIT or WAIVE your clearly established constitutionally secured
right of ABSOLUTE OWNERSHIP of property?
CALIFORNIA PROBATE CODE
§13050(b) for
purposes of this part, all of the following property shall be excluded
in determining the property or estate of the decedent or its value:
(1)
Any vehicle registered under division 3 (commencing with Section 4000)
of the Vehicle Code or titled under Division 16.5 (commencing with
Section 38000) of the Vehicle Code.
DID YOU GET SWINDELED?
WERE YOU MISLEAD?
WERE YOU DECEIVED?
WERE YOU RIPPED OFF?
WERE YOUR PARENTS RIPPED OFF PAYING FOR AN EDUCATION YOU NEVER GOT?
IS THE CONTRACT YOU HAVE WITH THE DMV VOIDABLE DUE TO FRAUD?
EVERYBODY
KNOWS NO LICENSE OR PERMISSION CARD IS REQUIRED TO EXERCISE A CLEARLY
ESTABLISHED CONSTITUTIONALLY SECURED INALIENABLE RIGHT!
Id possumus quod de jure possumus.
We may do what is allowed by law.
Lane, 116.
Quaeras de dubiis, legem bene discere si vis.
Inquire into them, is the way to know what things are really true.
Litt. Sec. 443.
