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PDF Editor FAQ

Do cops have to show evidence of the probable cause they claimed in an affidavit of arrest to search a vehicle without consent?

Do cops have to show evidence of the probable cause they claimed in an affidavit of arrest to search a vehicle without consent?An Affidavit of Arrest is generally filled out by the arresting officer and states the facts and circumstances surrounding an arrest. The affidavit may state such facts as the information which led to the arrest and the observations made before and after the arrest occurred. It is a statement given under oath and penalty of perjury. It may also be referred to as an arrest report.Yes, no, maybe. I am unfamiliar with your sentence construction and use of the word phrases. Can you limit your question to one geographic area, please?In the USA.Short answers: Yes, the arrest report will contain the reasonings the led the officers to conduct a warrantless search. No, Probable Cause is not always the required standard. Sometimes a lesser reasoning can be applied.The standard of proof for a warrantless vehicle search in a traffic stop varies by situation and location. There are several standards that might apply; reasonable suspicion; probable cause; exigent circumstances; incidental to felony arrest, health and safety weapons check.

Why is President Donald Trump against the mail in ballots for voting in the 2020 election?

Trump is against mail in ballots because the pool of eligible Democratic voters and Independents likely to vote against him is greater than the pool of eligible voters likely to vote for him. Under those circumstances, making it easier to vote may work to his disadvantage.But first, let’s correct an answer Alex Mann that is simply false:So first let’s start with what this fight is about. It is NOT about the ability to have a mail-in ballot system. Trump hasn’t really said anything about that and most states already do it. The fight is over:1Vote verification: Democrats want to remove signature verification on votes.2.Who ballots get sent to: Democrats want to send ballots to all eligible voters, including inactive ones. This is the entire issue—there is no more complexity behind it (that’s a joke, but this is the basic outline).Alex’s answer initially referenced California’s new vote by mail executive order, which is actually now an actual piece of legislation, and claimed that it wanted to remove signature verification on votes AND send ballots to inactive voters. He then changed it to Nevada’s alleged deficiencies, but has now removed any references to particular states since his claims about specific laws in specific states are either false or so grossly misleading that they are functionally false. But because he initially claimed that CA was removing signature verification and just randomly sent ballots to inactive voters, I will keep the substance of my response.First, it is absolutely false that California’s Vote by Mail legislation, or the predecessor executive order removed signature verification on votes. In fact, the verification process in CA is very strict:Here is the statute:Law sectionCHAPTER 1. Vote by Mail Application and Voting Procedures [3000 - 3026]( Heading of Chapter 1 amended by Stats. 2007, Ch. 508, Sec. 11. )3019.(a) (1) Upon receiving a vote by mail ballot, the elections official shall compare the signature on the identification envelope with either of the following to determine if the signatures compare:(A) The signature appearing on the voter’s affidavit of registration or any previous affidavit of registration of the voter.(B) The signature appearing on a form issued by an elections official that contains the voter’s signature and that is part of the voter’s registration record.(2) In comparing signatures pursuant to this section, the elections official may use facsimiles of voters’ signatures, provided that the method of preparing and displaying the facsimiles complies with the law.(3) In comparing signatures pursuant to this section, an elections official may use signature verification technology. If signature verification technology determines that the signatures do not compare, the elections official shall visually examine the signatures and verify that the signatures do not compare.(4) The variation of a signature caused by the substitution of initials for the first or middle name, or both, is not grounds for the elections official to determine that the signatures do not compare.(b) If upon conducting the comparison of signatures pursuant to subdivision (a) the elections official determines that the signatures compare, the elections official shall deposit the ballot, still in the identification envelope, in a ballot container in the elections official’s office.(c) If upon conducting the comparison of signatures pursuant to subdivision (a) the elections official determines that the signatures do not compare, the identification envelope shall not be opened and the ballot shall not be counted. The elections official shall write the cause of the rejection on the face of the identification envelope only after completing the procedures described in subdivision (d).(d) (1) A minimum of eight days prior to the certification of the election, the elections official shall provide notice to all voters identified pursuant to subdivision (c) of the opportunity to verify their signatures no later than 5 p.m. two days prior to the certification of the election.(2) The notice and instructions shall be in substantially the following form:Below, I will reference the new California Vote by Mail amendments. For those of you who don’t regularly review statutes, the new Bill does not alter or amend section 3019 above. It amends 3019.7: AB-860 Elections: vote by mail ballots.In other words, the chief premise for Trump’s opposition, which is that California’s new Vote by Mail provision changes voter signature verification is absolutely false. And there are procedures for challenging a voter’s signature.Second, it is completely false that California will send mail in ballots to all “eligible voters.” Under the new act, only registered active voters will get mail in ballots. Inactive voters, voters who have had materials returned back by mail or have not voted in two elections, represent a small number of registered voters but election materials such as mail in ballots do not have to be sent to them if they are inactive.Under California law, inactive voters are legally eligible to vote but do not receive election materials:"Inactive voter" means a voter for whom a county has received:a returned residency confirmation mailing pursuant to California Elections Code section 2220 without a forwarding address within the same county, orinformation obtained through the United States Postal Service National Change of Address (NCOA) database indicating that the voter has moved outside the county pursuant to California Elections Code sections 2222 and 2226. Per California Elections Code sections 2221 and 2226, such inactive registrants retain the legal right to vote, but need not be mailed election material. Further, inactive voters who do not vote in two consecutive Federal general elections are subject to cancellation of their voter registration pursuant to Section 303(a)(4)(A) of HAVA (42 U.S.C. § 15483(a)(4)(A)).Nothing in the new bill changes that provision of California’s Election code. if there is any ambiguity, the California Secretary of State has stated: “Only active registered voters will be mailed a ballot ahead of the November 3, 2020 General Election. The President’s tweet is completely false.”A registered but inactive voter could show up in person to vote provisionally, but that’s always been the law.The California bill was passed 68-5 by the Assembly, with six members not voting. The opponents were all Republicans. Republicans who backed the bill noted that ballots will not be mailed to so-called inactive voters, who have not participated in recent elections.California Enacts Law Requiring Mail-In Ballots Sent To All Voters For November Presidential Election So, again, the leading answer as of this time is simply false.California has a very strict voter registration verification program including verifying voter roles against felony convictions and deaths. It also cross references motor vehicle records. Statewide Voter Registration Database Further, the vote by mail does not change anything with respect to inactive voters. An inactive voter could always show up at the polls and cast their vote, or request a vote by mail ballot. But the county does not send them ballots automatically.Voting in federal elections is determined by state and local governments. There is nothing inherently fraudulent about voting by mail. It all depends upon the policies and procedures of the vote by mail provisions. Despite the claims of widespread voting fraud benefiting Democrats, there is always a way to verify the integrity of mail in ballots. Just like there is a procedure for maintaining the integrity of in person voting.Historically, due to population density, urban precincts usually have long poll lines while rural precincts basically have walk in voting with no wait. Theoretically, if rural voters have to travel an hour or more to vote, they're would be widespread outrage over the unfairness. There is no similar outcry over urban voters routinely having to wait several hours to vote. Programs to reduce these lines and waits, like early voting, have also been opposed by the GOP because the lines benefit their party and discourage urban folks from voting. My guess is that if there was some feature of in person voting that benefited Democrats and discouraged likely GOP voters to vote, like long travel distances, then the shoe would be on the other foot. The truth is that until Trump disbands the Post Office, vote by mail is the fairest way to ensure an equal opportunity to vote along equal terms. Indeed, the postal service is one of the only federal services guaranteed by our Constitution: Article I, Section 8, Clause 7 of the United States Constitution, known as the Postal Clause or the Postal Power, empowers Congress "To establish Post Offices and Post Roads"Further, there is no guarantee which party that mail in voting will favor. If the Pandemic is still raging come November, it may be that older people may be more reluctant to vote in person while younger folks are more than willing to face the lines. Trump believes that repeatedly claiming the election will be rigged may power up his base; or give him an excuse if 2020 turns out as bad for the GOP as 2018. He is almost certainly likely to get crushed in the popular vote based upon California alone. This gives him further ammunition to claim it is rigged to deny the significance of the fact that the majority of the country does not think he is fit to be President.Finally, the truth is that swing states are swing states because they a fairly even split between the two parties. Again, there is state and local control over federal elections. The odds of any mail in voting procedure not being hotly debated and fairly constructed in a swing state is almost nil. In a swing state, both parties have reasons to see that the procedures are full and fair and will use the courts if necessary to enjoin unfair election rules designed to favor one party. The trend in most swing states has been that Democrats have worked hard to expand voting opportunities and Republicans have worked hard to suppress votes, usually by shortening early voting or requiring drivers license IDs or the equivalent for folks who often do not drive. This is due in no small part to the demographics of Democratic voters and simple numbers. In most swing states, if Democratic voters come out, then it is a big win for Democrats in state wide elections like the Presidential popular and EC race. If the Cities do not come out for the Democratic candidate in massive numbers than the rural areas of swing states are enough to carry the state. Once upon a time the GOP made serious efforts to court the suburbs but Trump has caused the party to bleed numbers.

How can I legally adopt an abandoned sailboat for free, to fix up? I’m told there are thousands of abandoned sailboats floating on the hook and clogging up the waterways.

I don't mean to be patronizing. I do wish that people would take just a few minutes to research, before they answer.First off, there is a HUGE problem with abandoned boats in coastal states.The obvious one is the the boats that are moored or in slips and the owners, for whatever reason, just walk away. Whether the boat needs work or they can no longer afford it or the fees or they're just tired of it, there are thousands (literally) of abandoned boats tied up all over the US.Here in Florida all vehicles must have a title to be registered. And any vehicle that was issued a title must have a title to be transferred. In other words, you can't register a vehicle off a bill of sale. Many states do this.People move and leave a boat. Someone buys it real cheap, gets a bill of sale and soon discover that they can't title or register it. So, they abandon it.Add to that, Here in FL, most city and county codes require that all vehicles and vessels park on someone's property display current registration tags. An untitled vehicle can't be registered.Since FL government is especially greedy, Code and Zone Enforcement officers check this quite often. In most cases these fines are expensive, and can become criminal charges, if you're gigged more than twice for the same code violation. People have actually gone to the point of cutting up their car or boat to avoid more violations. Most adopt the passive aggressive approach and pay a junk hauler, give it away or abandon it somewhere.Then there are the ones that people just drop at a boat yard or storage, in the middle of the night and drive away.Worst, and the most problematic are those that the owner strips of all identifying marks and items of value and then casts off adrift, believing that it will float out to sea and sink. This happens dozens of times a year, in Florida, where I live and accounts for the majority of "derelict" boats tracked by the Fish and Wildlife Commission.FWC has a publicly accessible database of at risk and derelict vessels:https://public.myfwc.com/LE/ArrestNet/DerelictVessel/VesselMap.aspxWhen it comes to co-opting an abandoned vessel - yes, in most states, they are licensed by DMV. There is more to it than that and DMV isn't always the most helpful about it, as they are usually the last step in the process.I've lived in 4 states, all of which had different sets of rules regarding abandoned property, especially property that is titled and requires registration to operate.Many states allow you to file a claim on real property, excluding real estate, by reporting it to authorities and filing a claim request. The authority will try to track the titled owner of the property (some through publication, i.e. ad in the local paper) and send a letter. If it's on your private property, you can self publish, in some of these states. Once a time frame passes, you can provide proof of publication /owner notification / attempt to contact to DMV and DMV will issue you a shiny new title to the vehicle or vessel. I claimed 2 old motorcycles in VA this way.Other states, like FL and CA, are "fiduciary" states. All abandoned property, including vehicles / vessels, on public or private land, must be turned over to the local law enforcement. The local law enforcement will take an abandonment report and take physical or "constructive" possession (put a sticker on it) of the property, especially vehicles.If you desire to lay a claim if it is unclaimed by the original owner, you must file an intention to claim. California doesn't permit this and sells all unclaimed property at auction. Florida does, and the LEO collects an "investigative" fee. FL law sets this between $300 - $500. The LEO conducts an investigation to locate the original owner. If the original owner claims it, the actual investigative costs are paid by him, your fee is refunded to you and the owner removes their property.If it is unclaimed, you're provided with an Affidavit of Investigation and release of property, which you then turn over to DMV and, after all the fees are paid, DMV gives you a shiny new title for the vehicle or vessel. The LEO refunds your investigative fee, less any costs related to the "investigation."It is a convoluted process, but, with the right vessel you might get a gem. Take it from someone who rode around on a Ducati Paso 750 and a classic Triuimph Trident for a few years, because they had been abandoned.

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