CONSPIRACY VIOLATION OF CONSTITUTIONAL / CIVIL RIGHT IN SAN MATEO COUNTY

hello; i was wondering if you could write about my extreme prejudice experience with the county of san mateo about my case...nm343240

i am 37 years old, computer specialist, AS degree in Electronics Technology, a family man... i had several cases from the past in which i protest to be considered a criminal offense unless the county could show evidence that i hurted any one or even endangered any one...

since i had my son, 1999 - i managed to stay away from court scenes...being a young stalion as i was, wild, naive about my rights, i was labed as a criminal which didn't bother me before i decided to settle down...

but on september 20, 2004 - i was arrested for being under the influence h&s 11550. due to the facts that i know my right and the 4th ammendment restrictions on police authorities about search and seizures i decided to fight this case... which in the past i wouldn't waste my time trying to win - this time i am just asserting my rights

the incident:

i was pulled over for a brake light failure by a south san francisco police, when the officer approached me, he greeted my passenger before me claiming he knows my passenger asking if he was still under probation... then wrote me a citation... after signing the citation and giving it to me... i asked if we could leave... the police said no, wait for his backup so he can conduct a probation search on the vehicle...

facts before the stop:

after picking up my fiancees medication for pain, i went to stop at a buddy of mine to borrow a weld tool - upon stoping at his house -i and my passenger noticed a police officer parked at the corner of the street where i was going... i didn't think anything of the police being there, i have nothing to be afraid of... no probation or warrants, not even a moving violations for the past 3 or 4 years... as i reached my buddy's house - his wife was just getting out of the car, i stopped infront and asked if her husband was home - upon learning that the person i wished to see isn't there i left the area. as i turned right to the corner i saw the police car infront of us moving towards us... when i turned and about to make another right turn... the police car turned on his lights... so i stopped.


The incident, continued…:

when the backup officer arrived, we were ordered to step out of the vehicle... the police didn't find anything from my passenger, the vehichle i'm driving, and me... then the police asked me a series of questions, including my arrest history if i had any in the past, so i asked if i was being detained... police said no, when one of the backup officer pulled my wallet out of my back pocket i informed both of them that i don't consent to further search of my person... but the backup officer ignored me so again i informed them both that i dont consent to their searching - the backup got pissed off and responded: "why, are you hidding something in here?!" i told him no, and it is none of his business... yet he ignored me with "yeah, yeah, yeah" while this was going on - the arresting officer managed to asked me to stick out my tongue, he told me to count up to 30 sec while my eyes were closed etc... after that i was handcuffed and arrested...

at the station, i was presented with an admonition to submit a urine (people v. sudduth) i asked for a lawyer but denied repeatedly - the sgt informed me that i have no right to speak to a lawyer before submitting a urine... i was threatened of being jailed, fined, and even involving my son - that perhaps one day my son will be arrested too! like father like son...
i was then told that the person whom i was going to see, was under investigation for drug dealling, they were forcing me to admit that i was going to buy drugs, forcing me to pretend i will buy drugs for them, asking me information about people i don't even know...

under duress, i was forced to sign and submit urine...the police handed me a cup, escorted me to the bathroom, he sealed the plastic bag, and took me to a place called first chance.. where i stayed 10 hours!

facts: i was in total controll of the vehicle to be thrown in a rehab place till i'm sobber?! the police substance abuse observation report said that i looked normal, face normal, coordination normal except for white pasty tongue, and eye twitching...
i don't think there is such law that you can be arrested for having white pasty tongue and having eye twiching? an for the officer to do what he did to me arrest me without factual evidence to determine i had committed a crime... no search warrant to search my body fluid, where i expect privacy, that can only be taken away with a warrant and due course of the law.

so i decided to get a lawyer, which later on i discovered i had no chance of winning the case being represented by him... first he didn't dispute the officers testimony during pretrial, second; he didn't call my witness to the stand, he didn't call me to the stand, he didn't bring up the issue i instructed him about the search violations... furthermore he made an agreement with the prosecutor not to bring up the issue on something about the arrest... so i decided to represent my self...

first scheduled trial by jury:
i got to the court, no jury, prosecutor asked for continuance till november 14, 1 week before i filled a demand for duces tecum... to answer some questions regarding the incident and their authority... the prosecutor never responded to this.. i know that they already had defaulted for not answering. i made a reservation of my rights to the judge under the ucc 1-207 which provides me a remedy in ucc 1-103 where the statutory law must be construed in harmony with the common law... i asked the judge what jurisdiction will my case be tried, the judge said U.S. Constitution and California constitutions - i asked him if it would be under the common law jurisdictions the judge said united states of America constitutions. i told the judge that i can bring a suit against this court for violationg my common law right under the commercial laws.

second scheduled trial by jury;
no jury was present, it didn't seemed like there was a scheduled jury trial... i was called the last person although my name was 2nd on the list... i was ordered to return next day for the jury trial. one incident at the courthouse, the police officer approached my witness during a break. we both know the police man knows who my witness is and that there was no reason for him to confirm if my witnesses name is correct ....to approach my witness just to confirm his name is an intimidation of my witness...

facts:
this officer recognizes my passenger at a first look after a contact 6 months ago... i don't think he just came over to get acquainted with my witness or to confirm the name...

jury trial:
my name was nowhere to be found for others to know what courtroom i'll be in... my witness
was nowhere to be found he never showed up in court, none of my friends were able to find me in court.... i asked the clerk of the court - i was informed that my case was over the day before... there were two friends that saw me outside the courtroom, we discussed the issue why my name wasn't outside the courtroom like every other courtrooms that were in session... the sheriff approached me and demanded to stop harrassing the court clerk...
and ordered me to go inside the courtroom... I was not harassing the clerk

thoughts:
they know that if they could keep this session as private as they can keep it so no one will know what happened inside the courtroom it would be by not having my name displayed...


the session continued...:

before the session begin i asked the judge what jurisdictions is the trial going to be treated, the judge said under the health and safety codes jurisdictions. i told him i think im in a wrong court, this court has no subject matter jurisdictions on this case, the judge claimed he does and the court does... i asked the judge to show me some proof that this court has subject matter jurisdictions. the judge ignored me... i asked that the trial done outdoor where we pick the jury from a crowd, judge denied my request...
the judge, ordered me not to say anything about 4th ammendment issues, denied my jury instructions to be heard, or the law that i want the judge to inform the jury.
he denied my witness affidavit to be presented, striked anything i said that pertained to the illegality of the search... in other words the judge only allowed the prosecutors side to be called, 2 expert witness, and all the issue that was discussed was about being under the influenced evidence that they claimed, nothing about constitutional right, privacy, arrest procedure and legallity, i requested a recess-denied! requested a continuance-denied! i told the court that everythin from thereon is under protest, and demands a judicial notice... i told the judge that he abused his discretions, the judge said, that's why there's a appelleate court so you can file an appeal...
i know i won't get a fair trial, then at the end... the judge instructed the jury to based their decision on the evidence presented! as a result 12 to 0 guilty...


i am being ordered to return on november 21, 2005 to be sentenced i already sent email to the attorney general to investigate this matter, i want to appeal this case with media involved so that the people would know what goes on in our county.

Question to all: is California health and safety code 11550 unconstitutional?

Controlled substance could be amphetamine, methamphetamines, codein, etc… can be found in many prescription drugs, diet pills, pain killers, cough medicines… imagine if you had taken a medication for pain that has this substance and so happened you were ridding with someone who had been arrested for this case, guess what? Depending on the county you are in – but if in san mateo county-and you are a minority you probably experience similar to mine, I know marin county police are what I call police officers who don’t abuse their authority, I felt the difference when we were stopped in Sausalito one-day – so different when I get stopped in san mateo county… if you haven’t been arrested and you haven’t experienced in your whole life to have fun (drug, sex, and rock n’ roll) you’ll probably just condemn me like the jury did to me, if you don’t know your rights I advice you find out before you get an experience that would shock you.

Urinalysis:
Metabolites can be found from our urine, toxicologist claims they are expert in finding what substances the donor had consumpted. Metabolites are left over of substances that only lasts for 3 days in the case of “meth” or “amphetamine” or “stimulant” meaning, it could mean that if I partied last Friday and got tested on Monday It would probably show depending on the amount I consumed or how late Friday did I took the drug… but if the test was done on Tuesday it will not “show” it also means that if I took a stimulant today and had urinalysis done within 1 hour – it will not be found on my urine, because it would take sometime for our body system to process these substance and dispose them thru urination it also depends on the quantity taken or methods of using



Regarding my case:

If substance abuse observation report from the police claims I looked normal, coordination is normal, face looks normal. And

Police report, did not say anything that indicated I needed to be taken to a place to sober, in any ways that would endanger myself or the public by my ability to operate a car…

Except I was talking fast, looked nervous, and had eye twitching, and had white pasty tongue…

Is there any grounds for his authority to arrest any one in my position? Is there a law that says you can be arrested from a crowd without any reason or articulate facts of committing a crime subjected to urinalysis without an order from a judge and be taken to a rehab facility without any reason? Tylenol with codeine can produce dry cotton mouth, this could also have other effects differently on different people, nervous – I get nervous in any encounter within this county police because of my unpleasant experience with san mateo county police, rapid pulse can be caused by being nervous, rapid speech – some people do talks faster than other. If a police tells you to arch your back, close your eyes and count up to thirty seconds then open your eyes – not all of us knows the One thousand one, …two.. etc.. or how fast each one does the counting in their minds unless there’s a speed limit in counting with your mind? These are what the police used as evidence against me, as an “expert” witness – with 4 months training

if this procedure of arrest is considered valid... well it wouldn't be a problem for the police to generate income for the county,,, they could just arrest someone that they know who is using something or had previous records, make a false report, force you to submitt urine or loose your license, get thrown in PROP 36 programs without even a single reason or evidence of criminal wrongdoing...

this is a thought for everyone! perhaps you don't care because you never been wrongfully accussed or arrested... perhaps you think everyone police arrested are guilty as charged... or perhaps because you are not a minority and you lived in the rich neighborhood you probably won't get harrassed... think about the people who had done nothing and woke up as criminal! you have two choices if found guilty under h&s code 11550 1) you spend 90 days in county jail and 3 years probation 2) prop 36

additional info:

the buddy of mine whom i was going to borrow the weld-tool... was arrested from a group of passenger two blocks from his house by the same police that arrested me. the group was ordered to step out of the vehicle, and took him out of the crowd, searched him and arrested him even though they didn't find anything on him- forced him to submit urine, thrown him at first chance and ordered to return for booking after 3 days... when he returned at the station for booking - he was detained for 4 hours, escorted him to his house to search his property without a warrant, with negative results of drugs except an old piece of glass pipe so old, dusty, that was found - he was sentenced to PROP 36... same offer that i was told.

thoughts:
you think this i right? so far i'm telling you of 2 individuals whom had done nothing to the public, minding their own business, not a criminal or violent individuals that were turned into criminal by our own protectors, police sworn to protect the public - not to harrass or be used as commodities for fund resources for the state or county... the judges who's second pensions plan are based on the convictions while being a judge... where is justice here? in san mateo county - minorities are being abused by this authorities, violated of their rights by what was used to be servants for the public

under penalty of perjury under the laws of california, i attest and affirm that the statements said above are true, and correct to the best of my knowledge .

Sincerely,
Maynard Bumagat