On OCT 20,1997 During an “unlawful” detention outside the nightclub La Mirage porch under a dress code violation against the wooden porch rail in plain view. Exh. A.) facts c. 37. Through D. 43. A third party, security bouncer Id. As Mike, Gabriel Renteria and several other security bouncers, employees of the defendant nightclub violated the plaintiff’s legitimate 4th, 5th, 6th, 8th, 1st, 14th under color of state law When they unreasonably detained, searched and arrested the plaintiff under citizen’s arrest in the absence of crime committed in their presence. Facts d. 44. Through E. 50. After said unlawful and unreasonable “detention” and “search” yielded not only the plaintiff’s innocence, but yielded, exposed and subjected the plaintiff’s “property” and “person” through unannounced and spontaneous “public functions” traditionally and exclusively performed by the state and which substituted that of the state FACTS D. 47. Through E. 50. And then subjected the plaintiff through the following during said detention and arrest. Facts e. 50. Through E. 94. And subsequently obtained significant aid of the state in a joint action conspiracy.in the absence of administrative remedies, Constitutional rights, due process safeguards, equal protections, just compensation, Counsel, Miranda Rights, Court access, Writ, while in Aid of Law enforcement to release the plaintiff from unlawful and unreasonable detentions, searches and seizures and citizen’s arrest and subsequent arrests by state agents without probable cause in violation of the United States Constitution, laws, (28 U.S.C.§2254) and State Constitution Art. I, §13. (Cal. Pen. C.§1473 (a)-74). Jacobson, 466 U.S. 109,113-126, Collins, 878 F. 2d 1145,49-54 (9thCir. 1989), people v. Brouillette, 258 Cal. Rptr. 635 (6thDist. 1989), People v. Zelinski, 155 Cal. Rptr. 575 (1979), People v.De Juan, 17 Cal. Rptr. 642 (4th Dist. 1985), People v. Taylor (1990) 222 Cal. App. 3d 612,271 Cal. Rptr. 785, People v. Johnson, 75 Cal. Rptr. 401, Gallagher v. Neil Young Freedom Concert, 49 F. 3d 1442,1447-57, Lugar, 457 U.S. 922 928-37, Price, 383 U.S. 787,794 n. 7.,
B. Facts A. Plain view dress code violation26. On October 20,1997 at Approximately 0100 Hours. Two security bouncers escorted, removed the plaintiff out of the nightclub on a dress code violation 1-8. (Exh. A) (Section one 2). 27. After encountering the plaintiff next to his friends drinking beers and answering their questions inside. 1.28. Where’s your shirt. 29. I don’t have one. 30. Who let you in? 31. He looked like a security guard. 32. Then told the plaintiff that he needed to step out? 33. And proceeded to escort the plaintiff out of that section, through the hallway 3, front reception 4, and both exit doors 5, and beyond the exit in plain view? 5-8. (Exh. A) b.intercepted by third party beyond the exit 34. Then turned the plaintiff over to another security bouncer outside. 9. Id. As Mike, later as Gabriel Renteria, who intercepted the plaintiff beyond the exit in plain view. (Hereinafter Mike) (Exh. A). 35. After inquiring said bouncers why they were escorting the plaintiff out? 36. And responded because of his shirt! C. Against the wooden porch rail in plain view37. Then Mike resumed control over the situation and led the plaintiff to the side against the wooden porch rail. 11. (Exh. A). 38. Where Mike began questioning the plaintiff about the problem-with similar nature type interest questions which the plaintiff had already responded inside to the other bouncers-where’s your shirt? 39. I don’t have one! 40. Who let you in? 41. He looked like a security guard! 42. Then Mike began inquiring the plaintiff about the security guard whom he was claiming to have let him in-What’s the security guard look like? 43. After finding the plaintiff’s answers disbelieving from his facial expressions? D. Detention of suspect in plain view44. And “as the plaintiff was inadvertently answering said questions drunk at said place in plain view.” The plaintiff became surreptitiously huddled by two security bouncers as one secretly whispered an undisclosed information in Mike’s ear. Search of suspect in plain view45. Then Mike spontaneously yelled at the plaintiff demanding him to pull everything out of his pockets? EXAMINATION OF HAND HELD ITEMS BY SECURITY IN PLAIN VIEW 46. And the plaintiff instantly complied “by reaching into his pant’s pockets and producing all of his personal property items out between them on both his hands held possession in plain sight” (Evid. C.§637) without hesitation, question or resistance. Identification or claim of ownership of plaintiff”s property 47. Then an unknown girl’s voice was spontaneously heard saying that’s my pocket knife behind them? PLAIN VIEW SEIZURE AND SEARCH48. Then Mike instantly grabbed a small two inch buck pocket knife out plaintiff’s hand held items (possession) in plain view. (Evid. C.§637). Public function recovery49. And instantly handed it over to the unknown claimant’s possession. E. Public function citizen’s arrest 50. Then Mike subsequently placed the plaintiff under citizen’s arrest by becoming additionally huddled by numerous security bouncers surrounding previous bouncers and the plaintiff within them at same said place in plain sight11. (Approx. 10 bouncers). 51. As the unknown girl was walked away with the plaintiff’s property to the side of the porch 13. And crowds exited the nightclub onto the porch and dispersed into the parking lot outside? 5-9. (See Exh. A.). 52. Then an unknown male patron exited the nightclub doors amongst the crowd holding a black purse above them announcing that he had found it in the men’s room? 15.* (See Exh. A.) 53. And directing himself towards the unknown girl’s location and handing her the (a) purse. 54. Subsequently the unknown girl’s voice was spontaneously heard announcing on the porch that all of her stuff was there? 55. And causing spontaneous dispersal of bouncers huddled around the plaintiff into the crowded background porch and inside the nightclub fleeing? % * See restroom (Exhibit A.) where salesperson maintained restroom conditions clean, sold cologne, chewing gum while crowded with patrons. 56. Causing Mike nervous over the unfolding developments that he subsequently began questioning the meaning of said events amongst surrounding bouncers? 57. And subsequently began performing additional investigations aimed atAscertaining himself of plaintiff’s arrest by summoning a recognized young girl patron out of the crowds exiting the nightclub, over to our location and asking her if she remembered seeing the plaintiff wearing another shirt inside other than the white T-shirt he was wearing, displaying outside? 11.58. And then responded saying that she wasn’t sure, couldn’t remember …maybe? After the Looking plaintiff over for recollection 59. And then walked away after getting Mike’s approval? 60. Then plaintiff began complaining and arguing with Mike over the humiliation and embarrassment being subjected through and pointing out his legal wrongs and informing him that this, being there in Plain view, sure felt like defamation of character and that plaintiff was going to sue him! 61. Which subsequently caused Mike to become nervous and walked away heading towards the unknown girl’s location where they exchanged a few words 13. (Exh. A). 62. Then Mike returned telling plaintiff to give the girl back the money he took, demanding in announcing $30.00 dollars and that he would forget everything and let him go? 63. And plaintiff responded that he didn’t take anything from a girl and wasn’t going to pay! 64. Then Mike asked plaintiff how much money he had? 65. And plaintiff responded about $100.00 dollars! 66. Then Mike asked the plaintiff to let him see it? 67. And the plaintiff responded by reaching into his pant’s pockets and producing a wad of folded dollar bills in his Hand held possession between them in plain view (evid. C.§637) in hopes of dispelling whatever suspicions they had against him? 68. Then Mike grabbed, seized the wad of folded bills “money” from plaintiff’s hand. 69. And subsequently counted it.By sifting through the bills “ascertaining said amount.” 70. And walked away heading back towards the unknown girl’s location 13. And handed (delivered) the unknown girl a sum of plaintiff’s money of approx. $15-20 Dollars? 71. Then Mike returned giving plaintiff back the rest of his money.in a lesser amount than previously known and plaintiff concealed it back in his pockets and giving plaintiff the impression that Mike or said persons were going to let him go? 72. Then plaintiff remained calmed waiting for that moment. Kidnapped and falsely arrested? 73. Then an unexpected a fight between patrons erupted mid-section of the parking lot 16. To which numerous bouncers, including Mike ran to from different areas of the nightclub and forestalling plaintiff’s release expectations and leaving plaintiff under the supervision of several bouncers witnessing said events beyond the porch rail 11? 74. Then plaintiff noticed his friends signaling him below the porch 17. Boggled by the situation they were finding him in after exiting the club and inquiring what had happened, what’s going on? (exh. A) 75. And plaintiff responded that he didn’t know! 76. Then plaintiff’s friends signaled him back to hurry up because they had to drive him home. 77. Then after a few minutes began signaling plaintiff back encouraging him to jump over the rail and run and plaintiff was feeling drunk considering the crowds and valet parking personnel below the porch and the humiliation if he failed. 78. Then plaintiff overheard supervising bouncers inquiring one another behind him why they had arrested him or what had he done? 79. And responded saying that plaintiff had stolen a girl’s purse? 80. Then said bouncer began verbally harassing plaintiff by whispering in his ear “we got you huh, you punk thief” and warning him not to come around there no more and that they did not want to see him around there anymore! Etc. 81. Then said bouncer retrieved plaintiff’s Carson high adult night school id. Card from his pocket and used it to log plaintiff’s information on note pad for future references? (Cal. Pen. C.§490.5 (f) (4) 82. And making themselves clear that they didn’t want to see plaintiff there, plaintiff responded saying fuck you! 83. And subsequently became fist punched from behind below his ear that by the time he recovered and turned around to face his assailant, said bouncers were behaving inconspicuously as if nothing had happened as the culprit fled and hid into crowded background porch and headed inside the club? (0120 hours). 84. Then plaintiff began entertaining the thoughts of fleeing said environment conduct conditions of confinement by jumping over the porch rail and running through the crowded parking lot below and into the soothing, but unfamiliar streets of Artesia, Ca.in hopes of locating his friends exiting the place to drive him home”. 85. Then as plaintiff mustered the courage of leaping over the rail, plaintiff noticed numerous bouncers and Mike returning from clearing up the fight and nearing the porch and causing plaintiff to abort his plans and allow Mike to release him? 86. Little knowing that another bouncer approaching Mike coming up the stairs and informing him that another bouncer had assaulted plaintiff in his absence and causing Mike’s recollection of the situation he had left behind had grown worse. 87. And then approached plaintiff examining his face for any trace of swelling or bruises and asking plaintiff if he was all right and backed away instructing supervising bouncers to watch over plaintiff one more time while he called the police after having a change of heart about letting plaintiff go and headed down the porch stairs. (Approx. 0125 hours) 88. Then after a few minutes, Mike returned describing his expedition of finding a parked police vehicle who’s officer refused to get involved to supervising bouncers and either contacted local police dispatch via M.D. T (mobile data transmission system) or by phone between 0130 and 0135 hours) 89. Then escorted plaintiff back inside the nightclub (section two 18) with the aid of bouncers while wearing the same white t-shirt which had been the nature and cause violation for removing him out of the club to begin with and concealing the plaintiff inside and removing his person from public display awaiting the arrival of police. 11-19.? 90. And where plaintiff waited for about 20 minutes under the supervision of bouncers and noticed another club personnel Id. As “Bill” smoking a cigar, bold headed approaching and speaking with Mike. 91. Before the arrival of two unknown Lakewood sheriff officers at approx. 0151 hours through the same side door into that section of the nightclub 20.92. And approached security bouncers having custody and ensued custody of plaintiff inside by handcuffing plaintiff behind his back. 93. Then officer Snapper escorted plaintiff out of that room section two through the porch and into their parked police vehicle #132 in front of the nightclub 21. (See exh. A) 94. Then officer Snapper began input data into his MDT computer and returned inside the nightclub to retrieve plaintiff’s identification card and waited for the retuned results and return data in their MDT. 95. While his partner officer “Mc Gee” stayed interviewing Mike or involved security personnel, witnesses and collecting the arresting citizen’s arrest report and crime evidence. (Cal. Pen. C.§841, §840, §847, §849, §490.5 (f) (4) (6) (3) (2) (1) F. Arrival and acts of state agents-lakewood sheriff 96. Before transporting plaintiff into Lakewood sheriff station drunk and exhausted under another arrest, information and without plaintiff’s knowledge, Miranda rights, advance notice, warning opportunity to be questioned, heard or incriminating evidence and in violation of Cal. Pen. C. §1407-13. See Exh. B.C.D.
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