whats going on in the Rinehart case

[winners58]

looks like they are accepting parts and throwing out other parts after its already been argued and submitted.

California Courts - Appellate Court Case Information

07/15/2016 Request for judicial notice granted People's Request for Judicial Notice, filed March 23, 2015: The request is granted for Exhibits A-M and Q. The request is denied for Exhibits N-P. People's Supplemental Request for Judicial Notice, filed June 11, 2015: The request is denied in its entirety (Exhibits R-X). Defendant's Request for Judicial Notice, filed April 22, 2015: The request is granted for Exhibits A-C and E. The request is denied for Exhibits D and F. Defendant's First Conditional Supplemental Request for Judicial Notice, filed July 7, 2015: The request is denied in its entirety (Exhibits 1-12). Defendant's Second Conditional Supplemental Request for Judicial Notice, filed September 28, 2015: The request is denied in its entirety (Exhibits 13-15). Defendant's Third Supplemental Request for Judicial Notice, filed May 3, 2016: The request is granted for Exhibit 20. The request is denied for Exhibits 16-19

 

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[Golden_Crab]

So like what would happen if someone were to dredge in cali and be pursued by USFS until they crossed state lines... would they be extradited back to cali or would it allow a case to be argued in a real court system without all the crooks?

 

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[ratled]

FS isn't enforcing the state law, only state agencies are. That said, the state will prosecute you in the county in which the crime occurred. Why not wait just a little more and see if they have the authority to do so?

ratled

 

[Hoser John]

FS/BLM in Shasta, Trinity and many others are enforcing this insanity up here. John

 

[jere64ca]

I don't know about Nor Cal but in the Mother lode region FS/BLM do not enforce the dredge ban, I believe that there is no FS/BLM code requiring a dredge permit. That said FS/BLM will snitch you off to Fish and Game who does have legal authority to cite you for dredging without a permit. The whole State is all over the spectrum as far as enforcement some are actively enforcing some are turning a blind eye. There is absolutely no continuity in the enforcement community most LEO's are very uninformed on the legal status which leaves them to interpreting the situation as they see fit.

AMRA has gotten at least 3 cases dismissed since the Reinhart case started. I have heard of one case that the individual represented himself and plead out for a light sentence. With competent representation it is an easy win,,,, at least for now,,,, pending a Reinhart case decision.

 

[Goldwasher]

El Dorado Co. DA. hasn't brought any cases to court. there are many dredging and more running highbankers. One guy is dredging so out in the open its pretty funny he's been there for months!!!!

 

[Golden_Crab]

Sorry if it came off a "off the wall" but these regulations are totally impeding my pursuit of happiness and I'll be damn ed if I don't get the same due consideration other's get in the use of my lands. Mine and yours, not theirs.

 

[jere64ca]

Golden Crab,
Case law has decided that States can regulate mining so long as it "does NOT materially interfere". California's position is they are just "regulating" not interfering,,,,,,,, how do you feel on the subject?? my head explodes on a semi-regular basis.

 

[spaghettigold]

Put the cali "regulators"in 15 feet deep water with a shovel so they can show us how to mine waterways profitabel.

 

[Golden_Crab]

Golden Crab,
Case law has decided that States can regulate mining so long as it "does NOT materially interfere". California's position is they are just "regulating" not interfering,,,,,,,, how do you feel on the subject?? my head explodes on a semi-regular basis.

So if I'm incredibly depressed because I can't pursue my dream and I become physically sick as a result and also see a decline in quality of life from a health / financial stand point... is that not material? I could retire in two years without these foolish regulators... money is about as material as it gets. This could be argued so many ways and nothing lands in favor of this garbage. It's wrong and we all know it, it needs to change.

 

[Golden_Crab]

To be clear I am physically sick and the only way I can make a living from mining is to dredge due to chronic pain / fatigue issues. With these current regulations I cannot keep up with the physical strain it puts on my body and joints. Being in the water helps and is proven therapy for muscular - skeleton issues.

I cannot not use a shovel for long or be hunched over panning for long, nor can i stand on my feet nor sit (due to back pain and it causes my bp to skyrocket) but I can run a dredge in the water a full 8 hours no problem. It truly benefits my condition, so now not only are you standing in the way of my happiness but also impeding medically proven therapy (or are they seriously gonna argue that one?)

Constitutional rights > any crap these slackjawed nut jobs can dribble out.

 

[jere64ca]

Jerry Hobbs died while waiting for the courts and a few others as well. There is some legal advantages in pursuing disabilities or veteran status and the arguments are working there way into current litigation. Judicial relief was shot down by Ochoa,,,, Can't figure out why,,,, my head explodes again. And the "Takings" argument is another long, and complicated discussion.

 

[russau]

Put the cali "regulators"in 15 feet deep water with a shovel so they can show us how to mine waterways profitabel.

and with a 100 lb. weight belt that has a lock on the quick release buckle!

 

[Golden_Crab]

and with a 100 lb. weight belt that has a lock on the quick release buckle!

Hhey now that's a fine piece of equipment to waste on them, Cinder blocks are cheap

 

[russau]

Yep BUT well worth it!