New 49ers Newsletter out - w/ their own Emergency regulations

Only thing I want to know is what Bnugget and his lawyer Mr. Buchal have to say about this and do they think it will effect his case in a positve or negative manner as it moves on thru the legal system.
 

"Excuse me Mr Miner, we are here to enforce an illegitimate scheme". "Would you kindly assist us in illegally confiscating your mining equipment?"

I could, but if I did I might not be able to press charges against you for interfering with a mining operation.:o:o:o
 

Gold Maven said:
we won't arrest you, but we are taking your hose??
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Correction: We can't arrest you, but we are taking your hose.

It's a shame really. I doubt the enforcement personnel really have much choice in the matter. Trying to keep 'order' under senseless 'legislation' is not a position I'd want to be in. Especially with more urgent matters to deal with. I'd bet the majority of these of these enforcement personnel would side with the miners, off the record that is.

That club has created a lot of division amongst miners in CA. My outsiders view is they felt they had a choice between death by a thousand cuts or the guillotine. They chose neither.
 

for those headed for the war zone (klamath river)

SERE training teaches you what to do in the event you’re captured by enemy forces.

1. Escape

The very first moments of an abduction are the most critical. It’s confusing, hectic, and chaotic — for captive and captor alike.
If an opportunity presents itself, try to escape during this initial stage. Otherwise, it will only get harder, and you may be in for a long haul.

2. Remember your surroundings

You may be bound, blindfolded, thrown in a trunk; your captors will deliberately try to disorient you.
Try to orient yourself when you’re being transferred, even if you can’t see; left turns, right turns.
Draw a map in your head so that when you arrive at your destination, you’ll have a rough idea of how to leave.

3. Resist

Article 5 of the U.S. Military Code of Conduct states: “When questioned, should I become a prisoner of war,
I am required to give name, rank, service number and date of birth. I will evade answering further questions to the utmost of my ability.”

To the utmost of my ability.

If someone is jamming a gun in your face, you might not be able to evade answering their question.
Your country wants you home alive. The tough guy refusals to comply you see in movies will probably get you killed, so resist with discretion.

If your captors want information, play dumb. You’re a lowly private who doesn’t know anything.
If you’re higher ranking, you have your aides work out all the battle plans, and you don’t know them yourself.
Hell, tell them you just make the coffee in the office.

If your captors force you to work, don’t outright refuse. Resist by working slowly, clumsily, making mistakes,
but not enough to really piss off the bad guy with the gun.

4. Keep the faith

Keep the faith in your God, your country, your family, your fellow captives, yourself.
Whatever helps you to get through your captivity.
You may be a prisoner for years. Know that your country is trying to get you back.
Know that the people back home haven’t forgotten about you.
Don’t fall into despondency; keep yourself occupied by trying to find a way out.

Adm. James Stockdale was a prisoner of war in Vietnam for almost eight years. His actions in captivity earned him the Medal of Honor.

He later said, “I never lost faith in the end of the story, I never doubted that not only would I get out,
but also that I would prevail in the end and turn the experience into the defining event of my life, which, in retrospect, I would not trade.”

5. Come home with honor

Honor is a word that carries a lot of weight in the military community.
Article 5 of the Code of Conduct states:
“I will make no oral or written statements disloyal to my country and its allies or harmful to their cause.”

If you are being tortured and can no longer resist, if your life is in immediate danger,
you may have to sign the document, or make the statement. But do what you can to resist.

Maybe you lost your voice. Maybe your hand is broken and you can’t write.
When the North Vietnamese tried to use Stockdale for propaganda, he cut his head with a razor blade
and beat himself with a stool to make himself unrecognizable. Resist.

Come home, but come home with honor.
 

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Winners ya crack me up thats priceless:thumbsup:

He should press charges for not only interference but theft, they took his personal belongings without cause, warrant, or knowledge. Since when can law enforcement come back after an encounter and simply take a persons belongings. They had their opportunity when conducting the investigation/interview of the guy. Thats like the highway patrol giving a ticket for speeding sending you on your way and then later on when they see your truck at the local walmart searching and seizing whatever from within it. It's getting crazier and crazier, and harder and harder to be a supporter/proponent for leo's, I know they are following protocol and ordrs but come on at some point they need to say "nope not gonna do it this ain't right". And them not "knowing" about the Ochoa ruling up in Happy Camp- BULL---T! They've been told not to admit knowledge of it.
 

Dead on Fowledup. If an individual is in violation of a law ,are they not required to cite that law? Steal a working miner's equipment in lieu of a citation ? Theft, extortion, abuse under the color of authority. Bring in the county sheriff. Maybe if the LEO has to deal with 100 or so cases like this, he may arrest the criminal , just to make his life easier.
 

I think we can all assume who took the hose and nozzle and that the manner in which it was done was cowardly. I can see the DFW claiming they never took it and the burden of proof would be on the miner. None the less, I would still file a Citizens Comoplaint, at minimum, based on the circumstantial evidence and collect Affadavits from all those witness to the event. As far as a citizens arrest, i don't THINK, and Im no legal beagle, it would stand up as no one saw the LEO's take the equipment.

Edit:
Here is a link to Citizens Complaint Form for the CDF&W. https://www.dfg.ca.gov/about/docs/FG-980CitizensReport.pdf
As I said, I am no legal Beagle but I am an LEO and work in Litigations for the "Toughest Beat in the State", hint. I think we should all print a copy and keep it on us and as they try to take our equipment, pull out the form and ask them for their full name and badge number and write it on the form in their presence. Trust me you'll see a golden puddle forming at their feet.

I found this in a USFS manual: To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, 1400 Independence Avenue, SW, Washington, DC 20250-9410 or call (800) 795-3272 (voice) or (202) 720-6382 (TDD). USDA is an equal opportunity provider and employer.
 

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QNCrazy said:
I think we can all assume who took the hose and nozzle and that the manner in which it was done was cowardly. I can see the DFW claiming they never took it and the burden of proof would be on the miner. None the less, I would still file a Citizens Comoplaint, at minimum, based on the circumstantial evidence and collect Affadavits from all those witness to the event. As far as a citizens arrest, i don't THINK, and Im no legal beagle, it would stand up as no one saw the LEO's take the equipment.

Edit:
Here is a link to Citizens Complaint Form for the CDF&W. https://www.dfg.ca.gov/about/docs/FG-980CitizensReport.pdf
As I said, I am no legal Beagle but I am an LEO and work in Litigations for the "Toughest Beat in the State", hint. I think we should all print a copy and keep it on us and as they try to take our equipment, pull out the form and ask them for their full name and badge number and write it on the form in their presence. Trust me you'll see a golden puddle forming at their feet.

I found this in a USFS manual: To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, 1400 Independence Avenue, SW, Washington, DC 20250-9410 or call (800) 795-3272 (voice) or (202) 720-6382 (TDD). USDA is an equal opportunity provider and employer.
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It's my understanding Derick was given a receipt of some of some kind? I assume this receipt is to be used in reclaiming his confiscated equipment, at some point?

Apparently the DFG were not properly equipped to cross the river to reach his equipment at the time and informed him they would return.

-Rodoconnor, who knows how all this will unfold. That they were told not to arrest Derick (thus forcing him to appear before a judge) , despite Derick informing them that he would replace any confiscated equipment and continue mining, suggests a certain degree of premeditation on the part of DFG to skirt the judges ruling and continue interfering with mining operations. IMO it's probably not beyond the pale to see repeated scenarios like this being consolidated into some type of class action/damages suit? 2500+? dredgers x 1/4 oz(+/-?) a day= 750k a day x (x) days = a long, expensive 2015 dredge season for someone.

Good luck and Godspeed to those who are the tip of the spear.

Molon labe.jpg
 

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These cowards and thieves are forcing Derick to appear before a judge to reclaim his equipment. I assume he'll be forced to defend himself. Against what violation or infraction ? This looks like it will get expensive for Kalifornia. I can think of some violations on the part of the Fish Cops.Thanks Specks.
 

The truly bad part is califorincation is a cancer that spreads to other states we will all be fighting your fight soon. Good luck to all of you. My opinion to you would be find the name of the officer who took the hose and file a case in small claims court against him personally. You guys live in a state were you can literally sue an one for any reason, use it. The state won't pay him for the time he has to take to be there, and if he doesn't show you win.
 

No citation, no arrest- no grounds or basis for confiscation. Unless its a new statute, a hose and nozzle are not illegal to possess! Only thing that receipt does is prove it was unlawfully taken. Kudos to you all for sticking up for your rights. Wish we as a whole would have shown some organizational skills and solidarity and either gone all in as a group or waited for the current cases in the courts to clear as a group. My fear is you all will be written off and discounted as defiant rogue individuals not a unified community with purpose. When you do, and I'm sure you will, win these little prove your point battles. How will it help us in the long term war. As you can see they are not stupid, they aren't going to bite and arrest or cite you for what could make good case law for us. They are simply going to pick at you with pointless crud that means nothing in the grand scheme of things. Anywho it's spilt milk now, goodluck, get yer gold and be safe!
 

Was up on the middle fork American yesterday crevesing when a white and green helicopter came up the canyon, circled myself and my partner twice clearly watching us then headed back down the canyon.. I assume there were looking for dredge activity and we were the only ones on the water withing a good mile both directions up and down stream im sure.. Was particularity annoying and invasive to be that far out in the middle of no where and being observed as we were. Sick to know the money and resources they spend, and with the ruling being as such at the moment.. Mind as well have been a escaped convict, at least that is what it felt like..
 

Asmbandits said:
Was up on the middle fork American yesterday crevesing when a white and green helicopter came up the canyon, circled myself and my partner twice clearly watching us then headed back down the canyon.. I assume there were looking for dredge activity and we were the only ones on the water withing a good mile both directions up and down stream im sure.. Was particularity annoying and invasive to be that far out in the middle of no where and being observed as we were. Sick to know the money and resources they spend, and with the ruling being as such at the moment.. Mind as well have been a escaped convict, at least that is what it felt like..
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That happened to me on Thursday . I'm in Idaho ,sluicing. What's next ,drones?
 

Open season on drones? Would love to improve my skeet shooting skills while panning.
 

Aufisher said:
Open season on drones? Would love to improve my skeet shooting skills while panning.
Click to expand...

I heard a 12 gauge with birdshot works great on drones just like ducks or skeet!
 

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