Posted on 01/27/2003 1:25:59 PM PST by Spiff
By Tim Steller
© 2003 Arizona Daily Star
A National Park Service ranger cited militia leader Chris Simcox Sunday for carrying a loaded weapon and operating without a permit at Coronado National Memorial in southeastern Arizona.
The chief ranger at the park south of Sierra Vista, Thane Weigand, said it appeared Simcox and William Dore were conducting a patrol of the border. "They were doing a special activity inside the park that's not sanctioned by the park," Weigand said.
Simcox, founder of the Tombstone group Civil Homeland Defense, has been conducting citizen patrols of the border area, but he said that's not what he was doing Sunday afternoon. He said he was simply hiking with Dore.
They were driving along Border Road when they came to a fence with a sign that said no vehicles were permitted, Simcox said. So they parked the van and walked past the fence along the road, not knowing the fence was the park boundary, Simcox said.
"Next thing I know, there's somebody waiting in the bushes for us," Simcox said.
It was a park ranger, who said she had been watching the pair, knew who they were and what they were up to, Simcox said. He and Dore were detained for about 3 1/2 hours, and some belongings were seized, Simcox said. Those belongings included a scanner, two two-way radios, his camera, a cell phone and his pistol.
Weigand said the charges against Simcox and Dore are misdemeanors.
Oh yes, compared to the massive titanic lawlessness created by this government sponsored invasion of millions, this man should be prosecuted, jailed, fined, and made to walk the government gang plank into hell.
I'm glad to see that you agree. Maybe he can be made an example of for all the other law-breakers and anarcho-militia-nutcases.
Yes all heads down.
Some neocons on this site make me feel like I'm selling American flags at a Ali Baba concert in downtown Bagdad.
Yup. And watch for it to get even more strange and twisted in the next few days...
When you get a speeding ticket do they routinely sieze your vehicle? Ah, you forgot, "He and Dore were detained for about 3 1/2 hours, and some belongings were seized, Simcox said. Those belongings included a scanner, two two-way radios, his camera, a cell phone and his pistol".
Why would they do this without an arrest? And do you really feel that this ranger just happened to be hiding in the bushes was all just an accident?
And that incident met the description of an arrest.
You are told you are under arrest.
Wrong. I've been legally "arrested" without ever being told it explicitly. If the officer says you can't leave of your own free will, or attempts to interfere with your efforts to do so, you're under arrest.
You are read your Miranda rights
Not always. Again, I've been "arrested" in the legal sense without getting Miranda'd.
You are searched and handcuffed.
The former of which happened in this case.
You are taken to the station and booked.
Not always.
If this doesn't happen you are not under arrest.
Please don't go into legal practice.
Being detained for awhile is not being under arrest.
Until the cop says you can go...you're legally under arrest.
And there have been cases of "false arrest" that have been prosecuted WRT a cop "detaining" someone without giving them their Miranda warnings or letting them go.
Being stopped for a traffic violation is not being under arrest.
Until the cop says you can go...you're legally under arrest.
Being given a ticket for that violation is not being under arrest.
Finally, you have said something correct. The act of writing a citation is, in itself, not an arrest.
I hear that the Yoopers can't stand the Park Service folks.
WRONG. Only under the Super-Patriot Supreme Trailer Park Court rules, is your statement correct.
Any time a person is not free to leave, then they are arrested. This can be anything from a traffic stop all the way to the presenting of a written arrest warrant. Basically, if the officer lays a hand on the subject, that person is arrested.
They will try to drag "voluntary" cooperation out as long as possible, because ther are certain procedural clocks which begin running at the time of arrest. Basically, the drill is to not say anything except a request for your attorney.
OBTW, it has to be a real attorney, you know, the kind that went to a real law school and took a real bar exam, not one of these ramshackle-compound, gun club BSers.
Do they seize all your belongings for routine traffic violations?
Depends. I've seen cops seize automobiles and all property in them during "routine" drunk driving stops. Then again, when the officer asks the guy to STEP out of the car and he FALLS out, instead...mayhap it's a good idea to get him off the road :o)
And a firearms violation ain't exactly "routine."
It depends on the severity of the traffic violation, and how belligerent, snotty, and uncooperative the subject is.
Wrong-O, in the state that I reside they are exactly the same thing.
Not a State Citizen? Or is that last week's theory?
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