Cited by a Yosemite Ranger

Marc801 wrote: This is the part of the OP that I have the most difficulty understanding. Nobody does this - certainly not for a day hike.

Um... I use a 60L pack for the majority of my climbing approaches. It's hardly a day pack size.

patto wrote: Um... I use a 60L pack for the majority of my climbing approaches. It's hardly a day pack size.

I think "overflowing" was the key word.
Like I said, I just think there's more to the story. Unfortunately there is not a lot to parse here so until more info is provided.....

Marc801 wrote: This is the part of the OP that I have the most difficulty understanding. Nobody does this - certainly not for a day hike.

It's what, an 18 or 20 mile hike. That's far from a standard day hike and takes many hours to complete. With the weather being cold and snowing, he required heavy clothing (he does not have lightweight, packable gear), harness and via farreta for the cables (they were down), his wine, cheese, and cigar for the summit, a grocery bag full of apples, oranges, summer sausage (the big roll) and a block of cheese, a stove for his tea and coffee and all the water he felt he would need. His 60L was barely adequate. And sure, with expensive, lightweight, modern clothing and equipment/food, you could get all that into a pack half the size. However, he does not have that sort of gear, so he needs a large pack to accommodate it. He is also in the military and is very used to carrying 100+ pounds of gear/rifle/ammo through the high and rugged mountains in Afghanistan. His little 60L pack is pretty light for him and his comforts contained in that pack more than make up for the extra weight and size.

s.price wrote:Bivy gear or no bivy gear?

He had an emergency mylar bivvy sack

Max,

It's been six days since you posted this. Do you know what the fine will be for your friend?

Arlo F Niederer wrote: They are overwhelmingly good people doing a very challenging job. They protect us and preserve our national parks. I've witnessed many interactions between Rangers/Law enforcement and what happens largerly depends on the way the interaction goes. If there is respect and honesty, often there is no ticket. If disrespectful and evasive there's a good chance the ticket will be written. In my own experience, I've only been given a ticket once when I was honest and respectful - and I was in fact speeding. I speculate that the interaction was evasive and disrespectful - plus it makes no sense that someone would always "carry a huge overflowing pack regardless."

I totally agree with you that most of the park rangers are good people who are trying to protect and preserve a place they truly love. And maybe this guy was just having a bad day or was sick and tired of a bunch of asshole tourists causing trouble and breaking the rules.

I also was not there, so I can only attest as to what my friend has told me. However, my friend is an incredibly trustworthy and honest and sincere person. He is very diligent about researching and planning and making sure he has the permits and everything he needs for a trip, often against my desire to do so. Also, as he is currently in the military and wishes to avoid getting into any legal issues, even if it is just a dumb ass ticket. So I really do not believe that he argued or was being disrespectful or dishonest to the ranger.

FrankPS wrote:Max, It's been six days since you posted this. Do you know what the fine will be for your friend?

I believe it is a $175 fine, plus a $20 processing fee.

For anyone reading this thread late, like me, I would add that not paying an infraction (indicated by the presence of a fine, rather than a mandatory court appearance) will likely result in a "failure to appear" being reported to the California DMV, which will suspend your privilege to drive in California, even though you don't have a CA driver's license. Warrants are issued for failing to appear for a misdemeanor violation, such as drunk driving. Also, it's unlikely that the court would approve transferring jurisdiction of the case to another state, since the violator's "liberty" is not at stake, meaning that being accused of an infraction will never hold the possibility of jail time.

Brian L. wrote:Have him write a letter of appeal to state his case against the citation. CALL the courthouse first to get the correct address and person to send the appeal to. I've done this, and been successful, for wrongful parking violations.

Been there, done that, been successful. A chat with the 'DA' or whomever is persecuting the case should do. You should also have access to the officer's notes on the citation, and if or not he mentions the particulars of WHY he thought you were camping.

But pre-crime citations are not going to fly in a reasonable court, and a reasonable judge doesn't want them there, and the prosecutor knows that.

Christine Davies wrote:For anyone reading this thread late, like me, I would add that not paying an infraction (indicated by the presence of a fine, rather than a mandatory court appearance) will likely result in a "failure to appear" being reported to the California DMV, which will suspend your privilege to drive in California, even though you don't have a CA driver's license. Warrants are issued for failing to appear for a misdemeanor violation, such as drunk driving. Also, it's unlikely that the court would approve transferring jurisdiction of the case to another state, since the violator's "liberty" is not at stake, meaning that being accused of an infraction will never hold the possibility of jail time.

It is a federal court, yes?
Well, that means that there is no requirement for extradition. Expect to be picked up near your home and for the fines fees and other tools of financial extraction to get very very very high.

You can't ignore a federal citation like you can anything else. You might as well try not to pay taxes.

Scotty Mac is an attorney and he provided some good advice here on how to approach the problem through the Fresno public defenders office. I personally try to avoid lawsuits at all costs, but if this happened to me, I might be so mad that I'd consider filing a countersuit demanding that the NPS pay for all of my expenses to defend myself. This is a ticket issued without any evidence whatsoever of a violation--perhaps with the expectation that many visitors won't have the resources to fight the charges and will just pay. There is nothing in the statues that prohibits what you can carry in a pack. Furthermore, I hope that the statues take into account any need for an emergency bivouac. Imagine hiking out, getting so sick that you have to spend the night, and being issued a ticket as you finally make it back to your car. (I once participated in a minor rescue of a guy who lost some critical meds while hiking in the backcountry and I once experienced an attack of food poisoning on a long climb in the backcountry. I barely made it back to my car and a friend had to drive me home. Hey Scotty...I think that was you!) It may be a park, but "stuff" happens in the backcountry.

So what happened Max?

Max,

I am an attorney in California.

Unfortunately for your friend, the ranger made a snap judgement about whether your friend was camping without a permit based on the amount of gear he had. Rangers are faced all the time with people flaunting the law and regulations designed to regulate use of the national parks. (Remember, my buddy Chongo?)

It is not uncommon for law enforcement officers to get it wrong, and your statement that he had no sleeping bag, bivy bag, or sleeping pad seems to support the opinion that the ranger got it wrong.

Unfortunately, the only option is to return to Yosemite for the hearing and ask for a trial, yes, that means it won't take place on the date he is cited to return. That's called the Arraignment. At the arraignment he will be advised of the charges, and of his rights. If he pleads guilty punishment could be decided then, such as a fine and probation.

Without seeing the citation, I think this is a Class C misdemeanor, otherwise known as a petty offense, punishable by up to 6 months in jail and/or a $5,000 fine. Seems harsh, but usually a first offender will just get a small fine, maybe $250-500, depending on the predilections of the prosecutor.

Unlike state court, I am unaware of a procedure where an attorney can show up for your friend and work out the deal. The advice to call the P.D. is good, they might know if the prosecutor is willing to deal with these cases over the telephone. I imagine Yosemite has a lot of out of town misdemeanants, so they must see this situation a lot. (No change of venue possible)

If your friend is able to enter a plea of not guilty, they will schedule a court trial (no jury) within a few months, and your friend can argue that he was not camping, citing what gear he carried, and arguing his citation was issued improvidently because the ranger did not check his gear out to make a reasonable assessment based on the gear. The prosecutor must still prove your friend is guilty beyond a reasonable doubt. he might have a good case.

Max McKee wrote: BECAUSE HE WASN'T CAMPING!!! My friend argued, honestly stating he was doing this as a day trip, and the ranger said there was no way that was the case with that size pack. There is a difference between law enforcement/management of permits/regulations and abuse of power. This ranger was clearly on a power trip and looking to take advantage of a person doing nothing wrong.

This seems like a fair analysis. I was in Aguas Calientes, Peru a few years back after visiting Machu Picchu the day before. I had no place to keep my very large 85 liter, 2/3 full, Osprey pack and carried it to the top of Putucusi for a day hike. It looked ridiculous for the steep climb, but it was what I needed to do. There were no money grubbing Peruvian officials questioning me.

Jorge Gonzalez wrote: If your friend is able to enter a plea of not guilty, they will schedule a court trial (no jury) within a few months, and your friend can argue that he was not camping, citing what gear he carried, and arguing his citation was issued improvidently because the ranger did not check his gear out to make a reasonable assessment based on the gear. The prosecutor must still prove your friend is guilty beyond a reasonable doubt. he might have a good case.

Interesting...
Why advocate for a defense like that?
I'd think that simply pointing out that there is no evidence at all should be sufficient for a motion for dismissal upon resting of the prosecution's case if you did go to trial. (?) No need to even testify if you can get that done. If I didn't have to, I wouldn't, because if they are willing to press that charge, then I am guessing that they are willing to take advantage of anything you MIGHT say even if it is not good evidence, which, for lack of inventory of the pack, they presently do not have.

Is Federal Court different? Is it not the judge's privilege and duty to review the case as presented by the prosecution and dismiss right there for lack of evidence? I've made that motion successfully in Colorado, and it was held by the judge. I never had to testify, let alone attempt to prove my innocence, which the accused in this case should not put themselves in a position of doing, right?

I'm not an attorney, so maybe there is a nuance that comes into play here that I don't get. So if I'm wrong, that's cool, but it would be interesting to hear/understand why. (???)

This thread is 5 months old guys...situation has been resolved one way or another I'm sure.

Actually I read some information on the court's website that indicated that it might be possible to have a hearing over the phone. I would contact the clerk to ask about that. Also, it may be possible to speak to the prosecutor prior to the actual arraignment hearing to explain that one of the actual elements of illegal camping, the camping part, is missing and suggest dismissal prior to the hearing to save everyone, including the judge, the time of having to deal with a bad case on the court's time. I work for a federal prosecutor in a different district and I know we don't proceed with cases that lack merit.

Brian L. wrote:This thread is 5 months old guys...situation has been resolved one way or another I'm sure.

Ah, well. Maybe someone will learn something helpful in a similar situation.

Adam Stackhouse wrote: For an infraction? Don't think so.

Yes, Adam, an arrest order is going to definitely be issued if the fine is not paid. Same as any other ticket.

They aren't going to come get him in TN, but if he is ever stopped he is in danger of going to jail.

Adam Stackhouse wrote: For an infraction? Don't think so.

As per the above- Adam, you are correct that for certain infractions or non-payments that certain jurisdictions can not arrest you.
However, in this case the payment of hte fine is in lieu of an appearance in court, and the failure to appear in court is most certainly an arrest-able offense, and you are ALWAYS in the federal Jurisdiction, so.... yeah, in this case, they will arrest you.
IE: You get pulled over for speeding and there is a Federal Warrant for 'Failure to Appear' in the system, but probably doesn't say what for.

'Clink.' Car towed, etc...