Keep this in your wallet and use it if you have to.

Oakview2

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Section 242 of Title 18 makes it a crime for a person acting under color of any law to willfully deprive a person of a right or privilege protected by the Constitution or laws of the United States.
For the purpose of Section 242, acts under "color of law" include acts not only done by federal, state, or local officials within the their lawful authority, but also acts done beyond the bounds of that official's lawful authority, if the acts are done while the official is purporting to or pretending to act in the performance of his/her official duties. Persons acting under color of law within the meaning of this statute include police officers, prisons guards and other law enforcement officials, as well as judges, care providers in public health facilities, and others who are acting as public officials. It is not necessary that the crime be motivated by animus toward the race, color, religion, sex, handicap, familial status or national origin of the victim. The offense is punishable by a range of imprisonment up to a life term, or the death penalty, depending upon the circumstances of the crime, and the resulting injury, if any.

TITLE 18, U.S.C., SECTION 242
  • Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, ... shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnaping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.
 

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Fullpan

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Right on, Oak ! - It past time to let these snot-nosed beauracrat officers know that we are NOT "special" people wandering the woods, but citizens with power
to push back.
 

Hot zone

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This should be applied to those members of the Forrest service who excluded miners but allowed entry to rafters and Sierra club in National Forrest...
 

Hot zone

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Herby D

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Oakview2...Marine, Lance Corporal Dominic Esquabel gained notoriety back in '06 when he declined, for personal reasons, to accept the Navy Cross he had earned back in '04...God bless him for his well documented, heroic, actions...

I'm not aware of his financial status but I can guess that his notoriety helped in his search to find an attorney to represent him...

The books are full of codes, laws, regulations, and legislation that are supposed to protect and guarantee "our" rights...However...the ONLY way you can exercise or enforce that right is by lawsuit in Superior Court...and then the Emperor Judge has "Judiciary Discretion" to ignore, or interpret as he/she wishes (to hell with the written law)...The average citizen is SOfrickenL...

You can have all the protection and justice you can AFFORD...and the LEOs know it...

Your point is well made though..It's always good to be well informed in the event you strike it rich and can afford to buy yourself a judge..or even a good attorney....

Most important two letter word sentence.. "If it is to be, it is up to me"
 

John_Arizona

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Section 242 of Title 18 makes it a crime for a person acting under color of any law to willfully deprive a person of a right or privilege protected by the Constitution or laws of the United States.
For the purpose of Section 242, acts under "color of law" include acts not only done by federal, state, or local officials within the their lawful authority, but also acts done beyond the bounds of that official's lawful authority, if the acts are done while the official is purporting to or pretending to act in the performance of his/her official duties. Persons acting under color of law within the meaning of this statute include police officers, prisons guards and other law enforcement officials, as well as judges, care providers in public health facilities, and others who are acting as public officials. It is not necessary that the crime be motivated by animus toward the race, color, religion, sex, handicap, familial status or national origin of the victim. The offense is punishable by a range of imprisonment up to a life term, or the death penalty, depending upon the circumstances of the crime, and the resulting injury, if any.

TITLE 18, U.S.C., SECTION 242
  • Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, ... shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnaping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.

I'm sure they will have a way around that and override it...
 

russau

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Let them try!!!!!!!! itll end up a law suit for a violation of their own laws and a civil suit for VIOLATING our Constutionally given CIVIL RIGHTS! law suits will NEVER end but atleast we have been getting good traction against them!
 

fowledup

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Every citation should be followed up with this. As more and more citations get thrown out or overturned and these start to stick maybe just maybe they will get a clue that we are not doing anything wrong. All that being said........ WHat is the proper procedure for implementing this law?
 

Hefty1

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Dec 5, 2010
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Thanks Russau

And then hand this to them...........
laughing7.gif




FSH 5309.11 -
Law Enforcement Handbook

Chapter 20 - investigative procedures

Amendment No.: 5309.11-2011-1

Effective Date: August 3, 2011



Duration: This amendment is effective until superseded or removed.

Approved: MARY WAGNER
Associate Chief
Date Approved:07/28/2011



21.28 - Citizen's Civil Rights

The civil rights of a citizen are protected in part by Title 18, United States Code, sections 241 and 242 (18 U.S.C. 241 and 242). Law enforcement personnel may be charged with and held personally liable for violating a citizen's constitutional rights. The principal consideration in deciding the officers' culpability in a given situation is whether they were acting in good faith and with reasonable belief that their actions were lawful.
 

Asmbandits

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This is not the law I was referring to but another great one to hold onto.

Im pretty sure there is another still that refers to any person who interferes with a valid mining operation is in violation blah blah.. it's different from this one, I'll have to see if i can find it when I get home.
 

winners58

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18 U.S. Code § 242 is for criminal liability
42 U.S.C. § 1983 is for civil liability (injunctive relief)

if a LEO is aware of Judge Ochoa's decision then they are acting to take away your rights.
and they act anyway they can be sued for big$$$ for civil rights violations
42 U.S.C. § 1983
Enforcement Act of 1871 (third act) - Wikipedia, the free encyclopedia

Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer’s judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia.

copy of the judge's ruling http://www.goldgold.com/wp-content/uploads/2015/01/113806-1-Ruling.pdf

this is what is stated in the second paragraph by James Buchal
all LEO's are trained on Section 1983 and are at risk of being held accountable for civil rights violations.
http://www.goldgold.com/wp-content/...ent-support-amended-proposed-order-4-2-15.pdf
 

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Asmbandits

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I take it back, looks like it is a Oregon state law, still handy though for those of you in Oregon..

"ORS 517.133 Interfering with a mining operation. (1) As used in this section, "lawful mining operation" means any small scale mining operation that is in full compliance with state and federal laws.

(2) A person commits the crime of interfering with a mining operation if the person intentionally:

(a) Interferes with a lawful mining operation; or

(b) Stops, or causes to be stopped, a lawful mining operation.

(3) Interfering with a mining operation is a Class C misdemeanor. [1999 c.354 §6]"
 

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