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 Post Posted: Fri 16 Sep 2005 09:07 
 
Don -

It gets very trying sometimes..... Everytime you buy a different type of gear the state PD needs a picture!

and just because you send the picture does not mean that it is approved so you have to wait for a response before you can utilize that gear!

You can only imagine the pain sometimes! LOL....


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 Post Posted: Fri 16 Sep 2005 11:43 
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I know someone who was doing BEA work in Delaware and he said the Police there would rather there not be any BEA's there, is it really that bad ?

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 Post subject: states crap
 Post Posted: Fri 16 Sep 2005 16:17 
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here again is why federal legislation is needed--a uniform bea regulation taking all power to regulate bea out of the states pockets and put them into the feds arena so if its legal in NY its legal in LA and every where in between ---many of you say it will not happen--you are more than likely right but I can garuntee it will not unless we as a group tries--how about going thru the back door like the interstate commerce commision--they regulate intertsate commerce dont we do interstate commerce?--does anybody know friendly senators or congressmen--if we as a group put together all of our captures it would be a media event seeing all those pics that would probably still be walking the streets


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 Post Posted: Fri 16 Sep 2005 16:23 
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Hadley...

good point on the interstate commerce... I have been saying it like a broken record.

the supreme court just ruled medical marijuana as "interstate commerce" and over ruled state court rulings (even though there are states that have flat out stated they will not honor the ruling... that's going to be interesting in the coming years).

I would think that our profession is much more interstate commerce than medical marijuana is and as such a legal argument shouldn't be too hard... the problem is going to come down to money.

I promise that if I win the lottery I will take it to court but untill then I can not do it myself and I agree with Hadley, we will never do it as individuals.

I think an idea would be instead of paying yearly dues to be a member of some useless hobby group (that's really all these bea memberships are these day), a trust should be created and yearly fees could be placed into the trust to support such a case going to the supreme court.

someone who knows how to set up national trusts for this purpose would probably be able to say how that can be done feasably better than I.

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 Post Posted: Fri 16 Sep 2005 16:32 
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I have said it for years but it bears repeating... BEA's will never operate on a federal level. I wish it would happen but it won't. Lobby for all the federal legislation one wants to but all I see happening is more restrictions for the effort. Be careful you don't open a Pandora's Box.

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Lance Allen Wilkinson
Recoveries by L.A.W.
Serving since 1984
“What is sought is found... what is overlooked escapes” (Oedipus Rex)


Last edited by L.A.W. on Fri 16 Sep 2005 16:45, edited 2 times in total.

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 Post Posted: Fri 16 Sep 2005 16:37 
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The Mary Jane issue is a mess over here.

Before the ruling, I bailed out a guy who had his license but got busted by the CHP anyways.

I believe that the A.G. indicated that state authorities would not police compassion houses, but these growers/distributors are being shut down by the feds with local heat helping out, I am told but have not confirmed.

I believe that a non-profit would be something to consider, but I believe we're talking big bucks to get up and running, drastic time demands on administrators, and I don't know that the grass-root support would ever be there.

There is a covenant not interfere with a bondsman's right to arrest, and acts by government employees that do interfere may and have served as grounds to have a foreiture vacated and the bond exonerated in open court.

"...useless hobby group..?" That's a good one :wink:

Interstate Commerce is a bit out of my area, so I'll have to defer on that point.

Rex


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 Post Posted: Fri 16 Sep 2005 16:39 
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Never is a long time... and if there is one thing I've learned, it's that in time, many things are possible.

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"Be without fear in the face of your enemies. Be brave and upright that God may love thee. Speak the truth always, even if it leads to your death. Safeguard the helpless and do no wrong. That is your oath."
- Kingdom of Heaven


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 Post Posted: Fri 16 Sep 2005 16:48 
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Rex,

I think you are on to something with the exonoration. TvT was actually a case involving a similar issue... a bondsman was attempting to get a bond exonorated.

There are cases right now that exonoration could be argued for on the lines you brought up. If a skip is believed to have left the state of the bond and there is reasonable intel to believe that he actually is in a different state, it could be claimed that the individual state laws have made it "impossible" to locate the skip. It could even be argued that the other states have "aided" the skip in his efforts to evade capture by their refusal to comply with current supreme court rulings.

I bet if a large enough bond or many smaller ones get exonorated the states will come to some kind of agreement.... funny thing about money, it's made of paper and ink and yet it sure works well as a grease.

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Indiana Agency #: PI20700211
Indiana Notary Public - Exp: 12/20/13

"Be without fear in the face of your enemies. Be brave and upright that God may love thee. Speak the truth always, even if it leads to your death. Safeguard the helpless and do no wrong. That is your oath."
- Kingdom of Heaven


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 Post Posted: Fri 16 Sep 2005 16:51 
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In New Hampshire there is a provision in the law that if the skip cannot be brought forth due to an "...act of God or government (state)" there is grounds to have the bond exonerated. After all, this is the "Live Free or Die" state.

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Lance Allen Wilkinson
Recoveries by L.A.W.
Serving since 1984
“What is sought is found... what is overlooked escapes” (Oedipus Rex)


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 Post Posted: Fri 16 Sep 2005 17:08 
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Exactly Gentlemen.

I've teched out bonds on such grounds in open court, and I'm waiting for a good one to pop up where I'll get the court to test the individual state restrictions as in conflict with T&T.

If it works, I'll say so. If I crash & burn, I'll say so cause that's how we learn.

Rex


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