Got a citation for "illegal take" inside the Footprint reserve.

Discussion in 'Jokes Forum' started by aquaholic, Nov 24, 2015.

  1. wils

    wils lazy-ass well known "member"

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    Isnt the booking and fingerprinting a result of the no-show and subsequent bench warrant? same thing happens if you get a fix-it or no registration ticket and dont get it taken care of.
     
  2. aquaholic

    aquaholic Newbie

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    Nope. I am a dentist and had a full schedule that day (booked months out). My son (who went on the scheduled day) arranged it so I could go today on my day off. He has to do the whole booking thing as well (got the same deal as I did). Two birds with one stone.
     
  3. wils

    wils lazy-ass well known "member"

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    theres more to this story................
     
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  4. mullet

    mullet Metal Fabricator

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    ^ ok I'll bite.Spill it.
     
  5. Carl

    Carl Bridesmaid,,,,,,,Again

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    This surprises me. I don't believe this would be required in San Diego or Imperial County for two. I've never heard of anyone being "booked" for a citation of this nature and I'm pretty well networked in the fishing and hunting communities including LEO's of various agencies. I wonder if this is unique to your jurisdiction???

    It doesn't make sense to me. :confused:

    But like i said YMMV and apparently it is, greatly.
    I don't understand the formal booking at all. They've already got your info.
     
  6. mullet

    mullet Metal Fabricator

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    The DFW officer obviously had a bad dental experience :waglleybooty:
     
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  7. aquaholic

    aquaholic Newbie

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    It can't be coincidental that the booking agent hadn't seen this before and has seen 9 in a week. The marlin and tuna showing in the numbers they did right in and around the reserve explains the increase in citations esp with the dfg sitting right in the closure. It doesn't explain the reason for bookings though.
     
  8. aquaholic

    aquaholic Newbie

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    You would hope so. Not from me. Have to ask the dfg agent and the DA their stories.
     
  9. s//m_cinco

    s//m_cinco Member

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    .
     
    Last edited: Feb 5, 2017
  10. aquaholic

    aquaholic Newbie

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    Criminal court.
     
  11. s//m_cinco

    s//m_cinco Member

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    ...
     
    Last edited: Feb 5, 2017
  12. Sgtsilbaugh

    Sgtsilbaugh "Keep calm and.........FISH ON!!!!"

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    Please enlighten us? It states that ONLY method of take and seasons may be regulated by statute, hence the reason for the DFG in the first place. You cannot license a constitutional right, and the Supreme Court has already ruled on this. That's why when you get a license it's voluntary and once under the license, then ALL the statutes then apply. But anyways, I've barely been learning this crap in the last 6 months and ain't an expert by any means. But you're probably right, I'll probably be a sucker like everyone here and get a license out of fear of dealing with crap, but I'm very curious to try to test the system since there's a legitimate argument.

    Plj46- says that the judge will laugh at citing the Constitution? He's obligated to uphold it. And yes, nearly everything you conduct throughout life is contractual in nature (marriage license, Drivers license, fishing license, basically anything that's a license or permit). Prove me wrong!
     
  13. jerryl

    jerryl Well-Known "Member"

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    Aquaholic - Robert
    I really appreciate the follow-up, as many others on the boards probably do also. Hope you don't have any more incidents with the DFG.
    Thanks,
    JerryL
     
  14. jim isbell

    jim isbell I've posted enough I should edit this section

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    The DFG lost a lot of credibility this year--when they cut the trout quota by 1/2 and the size of the fry--also, by 50%--but offered nothing in return, same license fee. I don't know how they got away with it, but as long as people line up and be good boys and buy the license, they keep winning I guess. I wonder what would happen, if one year, everyone just did something else and did not buy a license, if it would bring them to the negotiating table? Then again, that will never happen I guess.
     
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  15. jim isbell

    jim isbell I've posted enough I should edit this section

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    Re. MLPA's in general, I understand--putting aside this case for a minute--that they allowed quite a grace period for people to get used to the idea--but now, it has been long enough where they expect people to know the boundaries--and if they don't, to go find out. And when you cross into where you should not be--that patience has been lost--and I can understand that, after all, you have to start enforcing the law at some point. But I still can't sort in my mind how the word "take" can be used in the violation. I can see trespass into a sanctuary, for example--language matters, especially in the law and I just can't see how you can be cited for "take", when you didn't take anything.
     
  16. Sgtsilbaugh

    Sgtsilbaugh "Keep calm and.........FISH ON!!!!"

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    I agree. According to the legal definition of "take" , this is what I found.....

    http://thelawdictionary.org/take/

    Might be his argument right there! ??
     
  17. jim isbell

    jim isbell I've posted enough I should edit this section

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    The thing that always worries me--is when a given Judge "just doesn't care about the law". Example, I know someone who stood before a local, Santa Ana Judge and the judge said "you are RIGHT--but I will not side against one of my officers". No shit, his exact words. One would think a Judge of all people would know they are supposed to be the neutral party between law enforcement and the citizen--but no, "my officers". That sort of true story should scare hell out of anyone who believes in the concept of the judiciary.
     
  18. Sgtsilbaugh

    Sgtsilbaugh "Keep calm and.........FISH ON!!!!"

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    That's when you file a motion (in writing) to recuse the judge. You can have them removed if you don't think you're getting a fair trail. That's why I believe rather than arguing against the trier of facts (prosecutor/DA), challenging the validity of the ticket, making them prove jurisdiction to begin with its a better strategy. But hey, it's just IMO. I'm not a lawyer, nor can I offer any legal advice.

    Now I'm sure Wils and Plj46 will throw in their 2 cents saying I'm an idiot, even without any proof of their beliefs. Either way, I don't believe in statism.
     
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  19. plj46

    plj46 I've posted enough I should edit this section

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    Keep studying on the law degree Sarge,you've got a ways to go.
     
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  20. wils

    wils lazy-ass well known "member"

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    you already provided the link to the proof. read all the words. comprehend all the words. in all of the times that we have gone over this, you still seem to stop before reading all the words.
    I dont have to say that you are an "idiot". never have; never will.
     

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