Georgia DNR Conservation Ranger Arrest Powers, False Arrest, Excessive Bond

[eddie79able]

fuck you asshole. get a gun and do what the law says.

[Delticola]

@eddie79able Wow, that's an interesting comment, what exactly do you mean? Do what the law says? And who should get a gun and what does that have to do with anything?

[Delticola]

@eddie79able Or is that some kind of threat? Do you work in law enforcement? Are you saying I need a gun for self protection of some sort from law enforcement?

[2204Alpha]

regarding your 1983 suit..... Police can arrest without a warrant for a felony or misdemeanor committed in their presence.Even if the information the officer relied upon later turns out to be false, the officer is not liable if he believed it was accurate at the time of the arrest. To prevail on a false arrest claim, the victim must show that the arresting officer lacked probable cause, that is, facts sufficient to cause a reasonable person to believe that a crime had been committed.

[Delticola]

@2204Alpha I completely agree with you. However, in 1976 there was a GA Sup Ct Case, Howell vs. State. rulled that Georgia DNR cannot charge criminal off. for regs. Reg. violations can only be punished by a civil penalty. 2 statutes came about in following legislative session. 1 that states that only a violation of, title 27, can be punished as a misdemanor. And another statute that stated that reg. were to be punished by a civil penalty. 27-3-132 B made the particular reg. illegal.

[Delticola]

@2204Alpha I completely agree with you. However, in 1976 there was a GA Sup Ct Case, Howell vs. State. ruled that Georgia DNR cannot charge criminal off. for regs. Reg. violations can only be punished by a civil penalty. 2 statutes came about in following legislative session. 1 that states that only a violation of, title 27, can be punished as a misdemanor. And another statute that stated that reg. were to be punished by a civil penalty. 27-3-132 B made the particular reg. illegal.

[2204Alpha]

The statue you read is in regards to misdemeanor violations of state game laws NOT felony violations or federal violations. For those the officer must either arrest you right then during the search warrant OR he has the option to APPLY for an arrest warrant...which in this case the judge issued (for federal he must apply to a US Magistrate judge)

Also a DNR ranger has nothing to do with bail...thats set by a magistrate judge in GA.

[Delticola]

@2204Alpha Right, all the charges I was given were "misdemeanor" state. The wildlife act of 1973 refered to in this video is the state of Georgia wildlife act of 1973 not to be confused with the Federal Endangered Species act of the same year. Yes, a judge issues bond. However often and in also as in this case the officer applying for the search warrant provides input to the judge, that specifically happened, the judge that signed the warrant commented to my attorney that same afternoon.

[2204Alpha]

@Delticola I don't see the problem with the bond and the charging instrument (citation or misd. warrant)? Plenty of GA case law says an officer has full discretion to APPLY for a warrant rather than issue a citation (except in a few of the nearly 700 traffic laws).

As far as bond goes the officer can PRESENT any relevant information to a judge but the elected magistrate judge still decides.

[Delticola]

@2204Alpha So with respect to your comments about "felony violations" or "federal violations." Nothing in my commentary here involves federal violations or felony violations. Everything I talk about is state of Georgia matters of law except the fact that I sued the various agents in federal court an won one case, other cases still pending. With respect to my charges they were state charges resolved by a jury acquittal (not guilty) for all 21 charges.

[cgspeeddemon1]

sounds like your an attorney? you must at least have some background in law right?

[Delticola]

@cgspeeddemon1 Thanks for the compliment. I've done lots of work with my attorneys and for my attorneys and now I am working on a few cases myself, Pro se, because several hundred thousands of dollars in attorney fees gets over whelming. I filed a writ of Cert. to the US Supreme Court on Nov. 29th. For the case against this "conservation ranger." The basis for that case is over a controversial doctrine of law that is split among the appeals court circuits across the country. Wish me luck.

[cgspeeddemon1]

@Delticola i do wish you luck.....i hate to see the law twisted so bad even if it is an everyday occurrance.......its nice to see the little guy who stnds up for himself and the rest of the states win when hes is in the right. so good luck and god speed

[quimbygod]

Good for you man, you are right, seems to me they are picking on you, I would sue them for harrassment as well. You filed a lawsuit against them, then, they arrest you, that is a harrassment charge, I would sue for sure, good luck man.

[Delticola]

@quimbygod Thank you very much for your support and comments.

[csutcliff]

Did they give the LEO "Qualified Immunity" from your lawsuit...? Or did they just not allow you to sue him personally since he was acting under the authority of the Feds at the time?

[Delticola]

@csutcliff He was sued under the Federal Law for state officers, Sec. 1983. The relationship with the Feds was not an issue. At issue was an attack on the credibility of an eye witness because of a discrepancy over having seen photos or not having seen photos. The defendant attorney attacked the discrepancy and the judge stopped the entire case, the appeals court affirmed (agreed). I could go on and on about how wrong that was, because the jury is the trier of fact and credibility.

[csutcliff]

Sounds like you got the big shaft by the DNR over your turtles......is this case finally over with the $88k judgement, or is this case still moving forward...?

[Delticola]

@csutcliff It's still moving forward. I lost my case in the appeals court against the state officer, despite his own timecard written in his details that he was with Federal Agents in an undercover capacity gathering evidence for a search warrant. There are still cases pending. Two additional cases. Cooincidentally, Perry, Georgia is where they ordered a documentary video from me, the DNR out of Macon, then in the search warrant they made it seem like the video was criminal in nature.

[csutcliff]

I don't know why it deleted my earlier post.....that was an accident on my part...I saw it posted my comment twice, so I tried to delete the 2nd one & it took out the first one too....LOL! I'm a Detective in Perry, Ga. Saw your videos & found them interesting. I've got nothing to do with DNR....the closest I've come to hunting is shooting some rabid dogs! I wonder why the legislature hasn't simply passed into laws, all the rules & regulations of DNR so they can make criminal charges?

[csutcliff]

I hear what your saying.....in order for a DNR LEO to make a criminal charge against you, the charge must be a law that was created by the General Assembly & signed into law by the Gov......not just a rule or regulation created by DNR. I understand this. My response to your initial comment that they can't make arrests was to show that if it's a violation of the law, then they can. But I understand the Howell decision.....not for simple rules or regulation violations....only Civil fines.

[Delticola]

@csutcliff Ah, yes, but the Howell case, Georgia Supreme Court case in 1976 ruled that criminal charges for regulations was unconstitutional because regulations are not products of the legislative process. And criminal charges for regulations is an unconstitutional deligation of legislative authority to a ministerial board.

But curiously what is your background or occupation?