Experience with CHP that may cause a Civil Rights Case
Dear Governor Brown:
I have had a very bad experience that may cause a Civil Rights Case being brought forward: if not addressed, a problem that deals with the Officers of the Barstow Highway Patrol, actions that caused damage to my vehicle’s front suspension and tires if not repaired quickly along with injury and bleeding to the rear hocks of my burro. Those officers also made every effort to infringe on my Constitutional Right of Travel in the state of California and harassed me without legal cause.
On 21 December 2011 at 9:03 AM I made a courtesy call to the Officers of the Barstow Highway Patrol from Razor road to notify them that I was to a point that there was no longer any other road that I could travel on other than I15 ( a section of road designated bikes and slow moving vehicles) with my very small covered wagon that is pulled by my donkey, Blue. However, the inexperienced officer was unaware of THE LAWS of the state of California and the US Constitution (see below). This CHP officer told me that I would be arrested if I attempted to use the only maintained road available to travel and refused to understand my Constitutional Right of travel. When I asked to talk to his supervisor HE REFUSED, and when I asked to talk to someone else with BRAINS, the officer HUNG UP! At 9:07 I cooled down then called back, and was connected to the same officer who had also cooled down; at this point I asked for the statute that made him believe he had any right to arrest me for traveling on I15 on that section of road. The Officer gave the CLASSIC RESPONSE, “I don’t have the LAW in front of me”: that is always given when there is NO LAW. Finally he agreed that I could use I15 and implied that I could expect to be harassed by CHP.
I have been traveling with burros and covered wagons on the high way of the South-West of America (including California) off and on for the last twenty years (over 6,000 mile of travel): and have never been involved any road mishap. I, therefore, know the LAW and how to keep people and my stock SAFE. I have even written a book on my travels: Last Grand Adventure (available on Amazon the first week of 2012). I stay to far outside edge of the shoulder and seldom use the travel lane, I therefore, NEVER BACK UP TRAFIC because cars have plenty of room to pass without crossing the center line.
I planned my trek on I15 so that I would be on the road between exits during low traffic DAYLIGHT hours. However the section between Afton road and Field road on 12-23-2011 just as I got to Field road traffic started to back up behind the Inspection Portal, however NO TRAFFIC was impeded by my wagon. At which time I was moving as quickly as possible to the Field Road exit ¼ mile away when Officer Rice STOPPED me. At which time he wanted to question me there on the SIDE of I15. I took control of the situation and said if he was concerned about SAFTY and me being on the 15 the exit was only ¼ mile away where I was already moving towards at the best possible speed.
Officer Rice wanted a license (state authorization for the privilege to do an activity that would be illegal without permission of the state) I said that that the Constitution gives me the RIGHT OF TRAVEL with my animal drawn wagon, he therefore, illegally detained without any CAUSE for almost an hour. At which time I was told that I could not rejoin I15 even when the traffic thinned that I would have to take the CLOSED SECTION OF FIELD ROAD that the bridge had been destroyed by military equipment. Field road was not passable without damage to my wagon and burro, blue. The front axle was damaged by the passage through the wash and the extreme steepness of the bank pushed the wagon on to the hocks of Blue causing bleeding.
Then the next day I was again harassed by a female CHP officer to do a facile recognition picture: was the last straw, and caused this letter to you as a REDRESS OF GRIEVANCE.
- Please inform you Barstow CHP of the law and that their job is to serve and protect not to infringe on citizens’ RIGHTS or harass them.
- Please maintain the roads of California that people are commanded by CHP to use: so equipment and livestock will not be damaged.
- Please call off CHP or I will have reason for a CIVIL RIGHTS CASE against the state of California.
I will be sending a copy of this letter to Marine Corp Logistic Base, Yermo, CA and a bill of $200 for damages wear and grief that I incurred to my equipment and stock because of damage they inflicted to the bridge on Field road, payable to Classic Nevada.com. If they refuse to pay I will take legal recourse against the state of California, CHP and Marine Corp Logistic Base, Yermo, CA. unless the state of California choses to pay for the damages.
CC to Marine Corp Logistic Base, Yermo, CA
Freedom of movement under United States law is governed primarily by the Privileges and Immunities Clause of the United States Constitution states, “The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.” As far back as the circuit court ruling in Corfield v. Coryell, 6 Fed. Cas. 546 (1823), the Supreme Court recognized freedom of movement as a FUNDAMENTAL CONSTITUTIONAL RIGHT. Not a state licensed privilege.
Slow moving vehicle / person driving or riding the animal or in
charge of the livestock.
CALIFORNIA CODES VEHICLE CODE SECTION 21754 and 21759
21754. The driver of a vehicle may overtake and pass to the right of another vehicle only under the following conditions: (a) When the vehicle overtaken is making or about to make a left turn. (b) Upon a highway within a business or residence district with unobstructed pavement of sufficient width for two or more lines of moving vehicles in the direction of travel. (c) Upon any highway outside of a business or residence district with unobstructed pavement of sufficient width and clearly marked for two or more lines of moving traffic in the direction of travel. (d) Upon a one-way street. (e) Upon a highway divided into two roadways where traffic is restricted to one direction upon each of such roadways. The provisions of this section shall not relieve the driver of a slow moving vehicle from the duty to drive as closely as practicable to the right hand edge of the roadway.
21759. The driver of any vehicle approaching any horse drawn
vehicle, any ridden animal, or any livestock shall exercise proper
control of his (the driver) vehicle and shall reduce speed or stop as may appear necessary or as may be signalled or otherwise requested by any person
driving, riding or in charge of the animal or livestock in order to
avoid frightening and to safeguard the animal or livestock and to
insure the safety of any person driving or riding the animal or in
charge of the livestock.