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Does a BLM "agent" authority supercede the Constitution?


~LARGO~

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Well, check this arrest in Idaho this summer, and see how it plays out.

I just found it, and have not had a real chance to research what is being discussed

as to who is in the right, and who is not.

http://www.jefferson...nstitution.html

Here is a little more info: Read and see what has happened. The womans court date is around the first

week of October, 2012.

I hope she can get a darn good lawyer to put those "agents" and others who wear a heavy badge, in their place. Maybe even out of a job...I suspect their are some mining organizations who are aware of this, and maybe chipping in to a fund to help this woman out in her legal defense!

http://americanminin...t_about165.html

I hope there will be a lot of miners, and others who realize our rights are being trampled on, in court when her day in court arrives.

We shall see...

~LARGO~

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She was arrested, by the sheriff, for refusing to identify herself.

This had nothing to do with mining rights or mining laws.

The BLM agent and the sheriff were out of bounds. I suspect it will be dismissed or the witnesses will not show up - also leading to a dismissal for failure to prosecute.

I wish her well.

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The BLM agent stated she (Sharkey) would make the arrest. Which she has no authority to do, but doesn't matter.

What didn't happen in any of this I saw was Miranda Rights being read by an LEO. Oops.

SCOTUS-level Civil Rights issue there

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Your are correct, she wasn't read her rights, according to the printed story.

You DID read the piece, which is pretty long and involved...

If I am in town when that trial comes up, I hope to go.

Gary

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What didn't happen in any of this I saw was Miranda Rights being read by an LEO. Oops.

SCOTUS-level Civil Rights issue there

Miranda only needs to be read if the police continue to question after an arrest. SCOTUS already ruled on that in the Miranda case itself.

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The BLM lady is a BLM LEO,and does have authority to make an arrest on federal land.

She also has authority to request identification. She was not trespassing on a federal mining

claim either. Law enforcement has full authority to be on the surface of a mining claim at all

times. Without some form of identification how would she know that the other lady actually

owned or had authority to be working that claim?

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If I am in town when that trial comes up, I hope to go.

Gary

I'm sure Mrs. Crossman would appreciate the support Gary.

The BLM lady is a BLM LEO,and does have authority to make an arrest on federal land.

Neither of the BLM agents are qualified as law enforcement, that is why they called the sheriff.

From what I have read and seen on those videos I suspect the two BLM agents and the sheriff may have a hard time articulating what crime they were investigating when they arrested Mrs. Crossman.

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Sawmill is spot on. Neither side was "right" but the lady is going to lose. And I have always understood that all Forest Service and BLM L.E.O. types have all the authority as any cop. More in some respects as they are Federal agents. They don't make a lot of arrests so they rely on the local officers to handle that sort of thing. I would say the way they did booking was a matter of protocol and not law.

I believe there is an overarching law that says you must identify yourself to any officer of the law when asked to. I don't see that she had any reason not to. I see how she was ruffled and the officer handled it completely wrong. They both made statements that were way off base and aggrivated the situation. But if she failed to willingly identify herself she was in the wrong no matter how mad the officers comments made her.

I just posted about how I got tazed on my own property for refusing to identify myself. If you think an officer cant arrest you for failing to identify while out camping on federal land then you are thinking wrong. Try refusing to identify yourself at a Border Patrol checkpoint or sobriety check and see how that works.

Miranda just excludes evidence obtained in questioning if a miranda warning is not given. It is not required for an arrest. Anything she said after she was physically detained is anadmissible if'n they didn't read her her rights. But if they arent planning on using anything she said as evidence Miranda is moot. Not showing an I.D. is a crime in an of itself and they dont need much more evidence than that.

No, a BLM "agent" does not supercede the constitution. But that fact wont help the lady that is due in court. The judge wont throw the book at her though. It will all turn out just fine and dandy I am sure.

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Ok here is my worthless take on this...She refused to show her ID to even a Law enforcement officer... Try pulling that crap in AZ. and they will put you on the next bus for deportation...Even as Club members to various Gold claim holding clubs we are asked to approach others we deem suspicious and to ask for permits and membership cards... If they refuse back off and call the law...Simple...Put her on the next bus to Mexico... Simple.

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A BLM LEO has powers of arrest on Federal land. They have two options ,they can detain,

and hold for local officers,or they can arrest ,and either hand it over to local law,or a federal

magistrate. Most minor stuff will be handed over to local authorities.

Refusing to provide ID is obstruction to a federal officer in performing their legal duty. The

object was not to punish,but obtain an ID. I bet the county got the ID information for the BLM.

There is several reasons for asking for an ID. I would say this time ,it was needed for the

officers contact log. LEO's have to log each incident or contact with the public.

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I believe there is an overarching law that says you must identify yourself to any officer of the law when asked to.

Most people do believe that Bob. It's a common misunderstanding that works to the advantage of law enforcement.

The fact is that the Supreme Court has consistently ruled that law enforcement must have "specific and articulable facts" that the person has committed, is committing, or is about to commit a crime and has a reasonable belief that the person "may be armed and presently dangerous." This is known as a "Terry stop" and is what most people confuse with the right to ask for ID.

That two part test is usually helped along by the fact that most "Terry stops" take place in an automobile. The first part of the test is easily met when the vehicle stop is based on a crime (broken tail light, "swerving", etc.)

When there is no motor vehicle it's a bit harder to explain that the LEO has evidence of a crime.

Thus my comment:

I suspect the two BLM agents and the sheriff may have a hard time articulating what crime they were investigating when they arrested Mrs. Crossman.
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It looks like it is all up to State statute. Where that leaves it with the feds I have no idea. But it seems that the States can demand it if they want, even without suspicion of a crime, and the Feds wont stand in their way. At least that is the way I read it.

I happen to know that in New Mexico you had better give them an ID if they ask for it or they are going to bust you up. I am certain of it. I made the same mistake as she did and I WAS WRONG! How the Feds do it in Idaho might be a lot different, I have no idea.

http://en.wikipedia....entify_statutes

Still, she should have just given the cop her ID and it all would have been just fine. Just my two cents. She is darn lucky she was not within 100 miles of the Mexican border trying to assert herself to a federal officer. Things can get nasty down here if you refuse to identify yourself. You WILL go to the calaboose. And if you get smartass like I did you will get hurt. If you don't like it you can tell it to the judge. Fact of life.

I'm not saying it is right or wrong or that I agree with it or not. I am just saying that is the way it is and hotshots that think otherwise are pretty common and get educated on this daily. You will find them sitting on the bench at the Border Patrol checkpoint just hopping mad and waving a copy of the constitution around as they wait for a transport to take them to the Federal induction center. It is an emotional sight that brings a tear to my eye. But they must learn the law just like I did...the hard way through paying a lawyer to explain how it works to you and then standing in front of a judge and taking your lumps.

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I didn't watch the videos, but it appears to be dark. I can understand the lady not wanting to show her ID. In todays world there are all kinds of nuts running around impersonating a officer or whatever. Also there is no mention of her husband being there.

But when the sheriff showed up she should have shown her ID to him.

Maybe the outcome would have been different if in broad daylight.

Just my 2 cents.

Rim

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I deal with BLM rangers-in multiple states-and never heard of a LEO?? is that a lousy egotistical officer ?? Call'm anything but ranger in kalif gets their panties all twisted up hahahah-psfers to me-John

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