April 6, 2005

After noticing moving shadows on the front door side-window, our founder, Boris Pribich (thereafter Pribich), got a camera and opened the door to find policemen in front of his house, O. Dungan (thereafter Dungan) on one side of the door, another on the opposite side of the door, and Blair Summey (thereafter Summey) on the upaved part of the walkway, and several more on the sidewalk. Pribich immediately realized that they had no intention of announcing their presence.

When Pribich stepped outside to find out what the police were doing on his property, he saw several more around his cars in the driveway and men in overalls forcing the doors open. When Summey said that they were there about the automobiles Pribich asked to see a court order and Summey said that he didn't have it with him. Pribich told Summey that in that case he was placing everyone on his property under citizen's arrest for Trespass.

Summey said that they were on official business to which Pribich answered that without a court order they were trespassing on his property, and not to resist arrest. When Pribich said that he'll call 911 to have them picked up and tried to go into the house, one of the policemen pushed him back telling him to stay out. When Pribich told him that he was under citizen's arrest for trespassing on private property and to get out of the way, the policeman pushed Pribich back again, this time harder.

Fearing what this policeman might do if he tried tried to go in the house again, Pribich called to his wife asking her to call 911 and report armed policemen on their property removing their automobiles without a court order while assaulting him. When his wife came to the door, in her presence Pribich tried to go into the house but was pushed back again. Pribich asked his wife to take notice of the assault and asked her again to call 911. Dungan told Pribich's wife not to call because 911 was an emergency number.

Whem Pribich tried to go into the house to make the call himself, he was pushed back hard and slipped almost falling down. Pribich asked his wife to take notice of another assault by a trespasser on their property and that calling 911 would be an emergency call. This time Dungan told Pribich's wife that this not being a case of emergency it would be illegal to call 911, and when she tried to come outside the policeman assaulting Pribich told her that came outside she wouldn't be allowed to go back in.

When Pribich saw his wife's dilemma, he told the policemen that she had a hip replaced recently and that he must go in to see if she was alright. He was pushed back again by the same policeman, and Dungan said that he would ask Mrs. Pribich if she was alright. After briefly talking to her Dungan said that she said she was. Summey added that there was an ambulance waiting if it was needed.

When Pribich saw that his 1966 Toronado was out in the street he told the policemen that they will all be held accountable for trespassing and taking his property without due process. Then one of the policemen asked if that was a threat Pribich told him it was and that all of them would be sued for damages and prosecuted for trespass, assault and battery, and taking property without due process.

This is where Summey asked Pribich whether he would like a receipt for the property now or could they bring it later. Pribich told him that he wanted the receipt and the names of all the policemen who entered his property before anyone left, and Summey said that he would bring those right away. Several minutes later Summey came back with only Maliciously Procured search warrant.

When Pribich told Summey that whatever he gave him couldn't be valid because it was obtained without probable cause and made another demand for property receipts and names of trespassers, Summey said that those would be sent later. By that time Pribich's 1966 Chevrolet Impala and 1963 Oldsmobile were also off the property, halfway on the street.

The following day Pribich left a telephone message for judge Glen M. Reiser (thereafter Reiser) to inform him that he issued a warrant under Penal Code 1524 for alleged City Ordinance violations citing California Vehicle Code Sections 22660 and 22661.

Judge's secretary, Rosie Corona (thereafter Corona), called back, and when Pribich told her he wanted the transcript of Mulgren's sworn testimony she went off to look and came back to say that after a thorough search she couldn't find any record of the warrant having been issued and that she'd have to talk to the judge and call back. Pribich told her to inform the judge that the Warrant Affidavit was based on False Fact.

Rosie Corona didn't call back, and if the judge refuses to answer a formal demand, Pribich will file a complaint with the California Bar Association.

When the District Attorney's office was contacted and informed regarding this matter, the response was that the incident was to be reported to the police department first. On April 20, 2005 Pribich filed a criminal complaint and demand for arrest which was not answered. Now this matter will be pursued in higher courts until the criminals are behind bars so that no other citizen's property is ever again taken by the police at gunpoint. To be continued. . . .

In California, warrants can only be issued on a FELONY. And if there is no victim, then there is no crime.

U.S. CONSTITUTION – Amendment 5. Self-Incrimination; Double Jeopardy; Due process. “No person shall…be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.” If any city or county wants to regulate, restrict or eliminate ANY private property, it must PAY for it out of its General Fund. “Regulations and restrictions” ARE TAKINGS, and MUST BE COMPENSATED. So POST your property “No Trespassing” to show that it belongs to YOU.

California Constitution Article 1, section 9 Due Process; Equal Protection; Privileges and Immunities: “(a) A person may not be deprived of life, liberty, or property without due process of law or denied equal protection of the laws . . .” “Due process” means that anybody wishing to restrain property or file a protest against the property of another, be it land, livestock, etc. must first put up a Bond to indemnify the lawful owner(s), THEN go through the process of having the matter decided by a jury. That is due process.

California Civil Code Title 1 Nature of Property, section 654 Ownership defined: “The ownership of a thing is the right of one or more persons to possess and use it to the exclusion of others. In this code, the thing of which there may [be] ownership is called property.” You own all your property to the exclusion of all others. Nobody can tell you how to care for your own property, and nobody can “rescue” property from you unless they BUY it, first.

California Civil Code Title 1 Nature of Property, Section 655 Things Subject to ownership: “There may be ownership of all inanimate things…[there may be ownership] of all domestic animals…” Animals, land, junk cars, etc. are PROPERTY.