[PROCEEDINGS TERMINATED] United States of Argonath vs. Nylez

[PulseEffect]

Vice City Law Courts Argonath Federal Court

From: The desk of the Honorable Alexander Treblin Address: 143 Downtown State Street, Downtown Vice City, Florida Topic: "United States of Argonath v Nylez" Proceeding Number: VC-CR0007/18

COURT MINUTE

The Court will not consider a mistrial application at this stage as we are not at trial, we are pre-trial. The defendant in VC-CR0005/18 has responded, thereby waving service. He is to respond with a plea or any other substantial procedural motion within five days.

DATED, on this 30th day of January, 2018.

Signed,

Alexander Treblin
Alexander Treblin
Judge

[Nylez]

I will have to postpone this case for 2 weeks due to work I need to do abroad.
I shall continue this case from the 16th of february.

My apologies for the inconvenience, I tried to find someone to represent for me in this court case, but they weren't willing to do it.

Signed,

Nylez

[Affanster]

I would like to pass a motion to vacate my current mistrial plea and plead guilty instead, Your Honor.

[PulseEffect]

Vice City Law Courts Argonath Federal Court

From: The desk of the Honorable Alexander Treblin Address: 143 Downtown State Street, Downtown Vice City, Florida Topic: "United States of Argonath v Nylez & Ors" Proceeding Number: VC-CR0007/18

Medium Neutral Citation:	United States of Argonath v Lamont [2018] AFCR 5
Date of Decision:	21 February 2018
Jurisdiction:	Common Law
Before:	Treblin J
Catchwords:	CRIMINAL LAW - Admissibility of raid evidence - whether execution of search and seize warrant was valid - whether searches conducted on other persons ‘property’ inside warehouse allowed by law.
Legislation Cited:	Crimes (Further Offences) Ordinance 2017 Interim Constitution
Cases Cited:	United States of Argonath v Gvardia [2016] AFCR 12 United States of Argonath v ‘Ninth Avenue Razors’ [2017] AFCR 5
Texts Cited:	None.
Parties:	United States of Argonath (Prosecution) Nylez (Defendant)
Representation:	Legal Representatives/Counsel: Mr G Adams (Prosecutor) The defendant appeared in person. Instructors: Vice City Police Department (Prosecutor)

CRIMINAL INTERLOCUTORY JUDGEMENT

[1].        This is an interlocutory judgement concerning whether the execution of a search and seize warrant issued by this Court on the 27th of January 2018 was validly conducted by law enforcement officials. The defendant who raised the motion, (noting that the criminal case before us concerns three defendants who are each separately charged, two of whom who have not supported this motion or failed to acknowledge such a motion) Mr Nylez (the ‘Defendant’) put the following before the Court:

Your honor,

According to the law of Vice City, the VCPD is a friend of innocent civilians, not their foe.
As I explained in my earlier defensive response, I was not directly involved in any crime whatsoever that lead to me being raided. I was raided because someone else, that owned 1 tenant in my warehouse, committed a crime and got caught storing.

The VCPD asked for a search on that tenant, the ONLY tenant up to that point that was involved in a crime. They instead got granted a full search on all tenants, even tenants owned by innocent civilians who had not gotten themselves involved in crimes that would hurt the government of Vice City.

Here's a list of all the tenant owners in my property, I would like to request the person who authorized the raid against me to supply me with evidence which allows the government to raid an INNOCENT civilian.

Spoiler for Hiden:

So my question is, why was I, and 6 other players along with me, raided without evidence of criminal activity against us?

As long as there is no direct evidence against me as an individual, I will consider this raid and therefore this court case as illegal and therefore a transgression against me as a civilian.

[Emphasis original]

History

[3].        As I noted above, a search and seize operation authorised by court warrant was executed by law enforcement officials on the 27th of January, the defendant and others are charged with relevant possession of illegal weaponry and other item offences under the Crimes (Further Offences) Ordinance 2017

Issue Raised

[3].        The defendant primarily raised one issue, that is the raid against the defendant’s warehouse, and subsequently all tenants, legally valid despite the fact that there was no evidence of criminal wrongdoing committed by the defendant in the original warrant application.

Law to be Applied

[4].        The court rejects the questions raised by the defendant on very simple authority provided for by his honour Stormeus CJ in United States of Argonath v Gvardia;¹

The warrant shows that a search was to be conducted of the entire premises, and not just of one individual's belongings.

[Emphasis original]

[5].        The same warrant submitted by the prosecution shows the same thing, the warrant is issued against the property and not individual defendants. As I noted in United States of Argonath v ‘Ninth Avenue Razors’;²

[7].        Firstly warrants are a tool of the state, enabling them to do specific things where they are ordinary not allowed to do due to individual liberties and/or constitutional safeguards. Under the Interim Constitution, there is no specific guidance on what types of warrants exist and the rules around how they can be granted.

[8].        However, this state has civil liberties,⁴ and thus it is the Court’s view that this state is not a police state. If a state has civil liberties but intends to be a police state, then it is either using the civil liberties as a false propagandic idea or its leaders are actually delusional. Furthermore the notion of ‘fair trial’⁵ adds to the fact that we are not a police state. Therefore, warrants are tools which should be regulated by the Courts and subject to its discretion in the criminal trial process.

[9].        Ideally, a warrant should not be granted unless law enforcement officials can reasonably demonstrate on the balance of probabilities that there is criminal wrong-doing. The reason why this is not beyond reasonable doubt is because warrant applications are not criminal proceedings, they are civil/administrative ex parte proceedings which often require ex tempore orders.

[Emphasis original]

[6].        In applying the above, it is important to note that there is no guiding rules on how warrants can be granted and executed except for how courts and judges rule on their validity and execution. In this circumstance, applying the authority provided by his honour Stormeus CJ, and considering there is no limitation provided for by Ninth Avenue Razors, I find that there is no reason to overturn or reconsider his honour’s decision. For this reason, the raid is not illegal nor invalid.

I certify that the preceding six (6) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Treblin.

Registrar

THE COURT ORDERS THAT:

[1].        That the interlocutory application be dismissed.

ORDERED, on this 21st day of February, 2018.

Signed,

Alexander Treblin
Alexander Treblin
Judge

_______________________
Footnotes
¹ [2016] AFCR 12.
² [2017] AFCR 5.

JUDGEMENT SUMMARY
Today, the Argonath Federal Court dismissed an interloctuary application stating the principle given to it in United States of Argonath v Gvardia [2016] AFCR 12 which allowed warrants to be executed against all tenants of a property, even if criminal wrong-doing only pointed to one defendant.
 

• This statement is not intended to be a substitute for the reasons of the Court or to be used in any later consideration of the Court’s reasons.

~Distributed by authority of the Courts of Argonath~

[PulseEffect]

Vice City Law Courts Argonath Federal Court

From: The desk of the Honorable Alexander Treblin Address: 143 Downtown State Street, Downtown Vice City, Florida Topic: "United States of Argonath v Nylez" Proceeding Number: VC-CR0007/18

COURT MINUTE

The Court notes the defendant in VC-CR0005/18 has pleaded guilty but has done so after the period for which pleas were required, it shall thus be treated as a late plea of guilty. For the defendant in VC-CR0007/18, he shall be required to enter a plea within 7 days. Submissions on sentencing should be relevantly submitted if required.

DATED, on this 21st day of January, 2018.

Signed,

Alexander Treblin
Alexander Treblin
Judge

[Nylez]

Your Honor,

while I'm regretful regarding your decision, I fully understand and therefore accept your decision.

Now, to carry on regarding my case. The Prosecutor, Chief Adams, claims he wants authorization to remove me from my property. His evidence for such a claim, apart from the storage he found in my possession, are 2 crimes committed by people I have no direct involvement with. Here I'm referring to the case the Chief himself added, against VU.Amal, and his claims about the raid against [VU_t]Eazy.

I cannot be held responsible for actions a previous owner, or a tenant owner who I can't keep control of. Therefore I would like to request the Chief in question to supply evidence that connects me to those cases, which would make his demands be justified.

I shall await a reply from the prosecutor.

Signed,

Nylez

[Huntsman]

Vice City Police Department
Office of High Command
Desk of Chief Gabriel Adams

Criminal Prosecution Case
2018.01.13
TO: The Court of Vice City
FROM: Office of Chief of Police Gabriel Adams, Vice City Police Department, Washington Beach

Reponse to the Defendant Nylez

His evidence for such a claim, apart from the storage he found in my possession, are 2 crimes committed by people I have no direct involvement with.

Your honour,

Established the fact that Mr. Nylez Straccione himself has been caught in possession of illegal items in his warehouse, we have reasonable cause to believe that Mr. Straccione was in fact aware of such activities taking place within his bussiness and permitted such acts to take place.

However, your honour, this is not the prime point that we base our demand to have the property removed from the curent owners posession on. As referenced in the original court case submission, quote: "We believe that the amount of illegal items found in the owners storage alone warrants the removal of the said property from the defendants posession. It can be referenced to a previous court case against citizen VU.Amal, dated on 27th July, 2017, where the property was stripped from the defendants posession under charges of a similar nature, yet the posession being of far smaller quantity".

And the amounts of illegal weapons, explosive and narcotics found in the citizens possession are extraordinary and nothing like we've seen before, your honour. And all the mentioned items have been found in no-one elses, but the locker of the owner himself.

527 units of explosion capable devices, 10320 units of illegal weaponry and narcotics on top of that - numbers never seen in any posession bust in the past. The man had enough illegal weapons and explosives to win the Vietnam war, your honour.

Therefore, as established, our request to remove the properties possesion from the owner is based on the amount of illegal items found in the owners locker, which establishes the property as being used as an accessory to a crime of posession.

We would, however, like to bring it to your attention that the defendant in question has not entered a plea.

[Nylez]

Established the fact that Mr. Nylez Straccione himself has been caught in possession of illegal items in his warehouse, we have reasonable cause to believe that Mr. Straccione was in fact aware of such activities taking place within his bussiness and permitted such acts to take place.

These are accusations without direct proof, which I literally just requested you to deliver.

Seeing how on top of that, the defendant is being accused of allowing other tenants to use the warehouse for the act of illegal posession, it is a reasonable request that this property is removed from the defendants posession as well.

As soon as you can prove that I knowingly let other criminals store illegal items in their tenants, which would prove me being guilty of using this Warehouse as an accessory to crime, I shall rest my case.

The VCPD would also like to bring the fact that this is not the first time the warehouse catches attention of the law for use of illegal activities, we would like to reference the court to the previous warrant issued against one of its former tenants, [VU_T]Eazy, who has also been witnessed storing items in the said warehouse while being wanted by the police. Even though the warrants outcome was unsatisfactory, as the subject of that warrant seems to have been tipped of about the upcoming police action against them, the property was still used as an accessory to a crime.

And here it shows you directly involving another situation regarding the raid of the property in question. Where I requested you, again, to supply evidence of me being directly involved in the situation quoted above.

Holding me responsible for the crimes of others and therefore claim I have purposely used this Warehouse as an accessory of other people's crimes are accusations that are insulting, so I wish that you show me evidence of this.

The reason that I haven't made a plea yet is because of incorrect information you've shared with the court.

I am only defending myself within the rights of a civilian in Argonath Vice City, your honor.

I sincerely hope the prosecutor will deliver the requested evidence or decides that they have been in the wrong.

Signed,

Nylez

[Huntsman]

The prosecution has already responded to Mr. Nylez's inquires. We find our response to address the issues touched by the defendant satisfactory and we believe that we are in the right, therefore we will refrain from making further submission.

[Huntsman]

Due to current inactivity of the legal staff, and seeing how prosecution has changed affiliations since, I would like to request this case to be dropped and locked to lengthen the load to Pulse or whoever/if somoene takes over and since these cases lost their point due to court inactivity.

EDIT: No longer in effect.

[Huntsman]

Seeing how nor the courts, nor the server management did not confirm the dropping of the case as of yet, after further evaluation, we've decided to continue this prosecution.

[Nylez]

As the plaintiff in this case seems quite unsure whether or not he has the ability to continue the court case due to legal issues and my recent good behavior towards the plaintiff which proves I've improved my behavior and shown I have no interest in using my warehouse as an accessory to crime I would like to file a mistrial.

Confusion is only rising and we are prolonging this case, only burdening the judge more and more.

Mistrial for lack of evidence regarding accessory to crime and rising confusion regarding the plaintiff's demands and ideas regarding this case.

Signed,

Nylez

[Huntsman]

Your Honor,

There have been concrete illegal items found in the defendants storage. The evidence is there for everyone to see. The fact that the defendant refuses to aknowledge valid evidence is only a matter of his own.

The prosecution are questioning the courts ability to continue the case, not ours. We are more than capable to continue it. The question is the rather prolonged legal proceedings that the court has recently overwent.

The Prosecution would like to address the State with a recommendation of hiring new judges, as the current judge is obviously not capable of processing legal requests on his own.

We are, however, willing to settle the case, if the defendant agrees to pay 250.000 ARD (half of the demands) compensation to the state for the damages caused, seeing how the legal proceedings are being hindered by the court's incapability of legal proceedings.

[Huntsman]

Federal Bureau of Investigation Vice City Division CASE: Nylez (Criminal, Posession) NOTICE OF ALL CHARGES DROPPED In the light of recent discoveries of the proof-reading of the case, as well as change of the prosecution, we have noticed certain flaws and legal indescrepencies in this legal case. Therefore, with this legal document we certify that the prosecution are unconditionally dropping the case with all charges being null and void, taking the fact that the defendant has been cooperative with the prosecution in other raids regarding the premises of their property. As per agreement with the defendant, this case is no longer valid. This decision is final and irreversible. Signed, Gabriel Adams, Special Agent, Acting Director Federal Bureau of Investigation

[Klaus]

This decision is final and irreversible.

Locked and archived.