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CALIFORNIA CIVIL CODE 3527. The law helps the vigilant, before those who sleep on their rights.
"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
A statutory privilege cannot override a defendant's constitutional right. People v. Reber, (1986) 177 Cal.App.3d. 523 [223 Cal.Rptr. 139}; Vela v. Superior Ct, 208 Cal.App.3d. 141 [255 Cal.Rptr. 921],
however, "the judiciary has a solemn obligation to insure that the constitutional right of an accused to a fair trial is realized. If that right would be thwarted by enforcement of a statute, the state
...must yield." Vela v. Superior Ct., 208 Cal.App.3d. 141 [255 Cal.Rptr. 921
Obviously, administrative agencies, like police officers must obey the Constitution and may not deprive persons of constitutional rights. Southern Pac. Transportation Co. v. Public Utilities Com., 18 Cal.3d 308 [S.F. No. 23217. Supreme Court of California. November 23, 1976.]
If evidence of a fact is clear, positive, uncontradicted and of such nature it cannot rationally be disbelieved, the court must instruct that fact has been established as a matter of law. Roberts v. Del Monte Properties Co., 111 CA2d. 69 (1952)
If they can get you asking the wrong questions, they don't have to worry about answers. Thomas Pynchon
They will do whatever we let them get away with.
Joseph Heller
Have a great day
Sir Richard James, McDonald
KNYAZ Cte MKSJ KOC KR PhD JD LLD
He has made Judges dependent on his Will alone, for the tenure of their offices, and the amount and payment of their salaries.
He has erected a multitude of New Offices, and sent hither swarms of Officers to harass our People, and eat out their substance.
The rights of the individuals are restricted only to the extent that they have been voluntarily surrendered by the citizenship to the agencies of government.
City of Dallas v Mitchell, 245 S.W. 944
Sir Richard James, McDonald
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