Right of protection against unreasonable search

[tranquility]

Please re-read my prior post. You will lose your civil suit and will, under 42 U.S.C. 1988 be required to pay for the defendant's attorney. (Because under Heck, you have no case.)

Unless there was some reason why your trial was wrong as a matter of law, you can't appeal without risking court sanctions. Saying the trial court didn't find the facts correctly is not appealable unless there is no reasonable basis for the findings. Here, there is a reasonable basis for the findings.

 

[justme33]

Carl, some more interesting thoughts. There is a difference in detaining/questioning someone, and searching his pockets ? I gave no such permission -- The Ranger ordered me to do that. Also, he didn't arrest me for the 'smoke,' (he had originally said he was gonna issue a citation for that). He arrested me for the Disorderly so that he COULD search the bike-pack . . .
I was never naked back in the woods. Also, whatever i was doing (sunbathing) didn't really matter. the truth was, was that no misdemeanor was committed in the Ranger's presence (which would have given him sufficient cause for the search). As I can see it, that it why he made that claim.
Finally, I was completely cooperative, and, unfortunately for the Ranger, I can prove that beyond a reasonable doubt. (which is all that is needed in a civil case ?).
Tranquility, thank you for your advice too. I did read them, and appreciate them. There are, however, small details about this whole charade (that I can't get into here) that would seem to work in my favor. Every case is unique, and, I'm just not really comfortable dismissing all of my efforts just because of some past ruling. Some past ruling was enough for the DOI to deny my administrative claim. Actually, I got a pretty text-book response, that seemed to have been copied right off of the internet from them. In any event, i answer only to a higher authority, and I trust that what I must do is the right thing to do.

 

[CdwJava]

Carl, some more interesting thoughts. There is a difference in detaining/questioning someone, and searching his pockets ? I gave no such permission -- The Ranger ordered me to do that.

The issue of the search should have been raised at trial. I imagine your attorney did so, and the jury didn't buy it. Kinda hard to argue that it was unlawful now that a court has apparently indicated that it was.

Also, he didn't arrest me for the 'smoke,' (he had originally said he was gonna issue a citation for that).

I don't know how it is out there, but out here a citation is a written promise to appear in LIEU of a custodial arrest. For misdemeanor offenses it is generally an arrest prior to the issuing of the citation. If you were ordered to move, then you were arguably in custody and under arrest.

Also, whatever i was doing (sunbathing) didn't really matter.

A jury might have thought otherwise ... apparently they did.

the truth was, was that no misdemeanor was committed in the Ranger's presence (which would have given him sufficient cause for the search).

How do you know he didn't see whatever was done? It's possible that he saw more than you think he did.

Finally, I was completely cooperative, and, unfortunately for the Ranger, I can prove that beyond a reasonable doubt.

And this couldn't be proven in the criminal case, because ... ???

See Tranq's prior posts as to why this civil case is likely to result in YOU paying both sides of the table if you take it to court.

The presumption of guilt lies upon you as a result of the criminal conviction. This will be a nearly impossible hurdle to leap. But, if you have the money sitting around to try, knock yourself out.

- Carl