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Re: O/T Property rights
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Posted by noncompos on January 05, 2007 at 20:59:36 from (67.42.238.52):
In Reply to: Re: O/T Property rights posted by John T on January 05, 2007 at 12:19:26:
John: They think roads/easements are complicated? Wait"ll someone has an old church lot on land donated 100 years ago and no affiliation with any mainline denomination, or a RR R/W (I don"t know which is worse). I"m not an atty, but a decades-long land title examiner, who read too many Advance Notes (decision reports in Oregon; don"t recall what they were called in Calif). But then Search & Seizure can be just as bad: (A) foot Officer stopped "suspicious looking " individual; while inquiring his purpose in area, squatted down while "suspect" standing. From squatted position saw edge of plastic bag under flap of shirt pocket, asked to see, was pot. Conviction for possession set aside by Appeals Court (improper search and seizure, officer had no PC to squat). (B) Car officer saw car parked well off County road, stopped to check. Trunk open inch or so, officer squatted, looked in, saw cases of beer. Officer continued patrol, didn"t call for tow as car no danger to motorists. Oficer got call re" just reported house burglary, beer etc taken. Returned to parked car as men approached with gas can, asked to see trunk contents. Conviction for burglary, theft upheld by appeals court (officer squatting to look in trunk was "normal effort to determine whether car a danger of any kind". Weird, just weird.
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