21-09-09-AP-011 | Shawn Meekins - LSSD

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Shawn Meekins
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21-09-09-AP-011 | Shawn Meekins - LSSD

Post by Shawn Meekins »

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San Andreas Judicial Branch

[SAJB] Appeals Court
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Personal Information:
DEFENDANTS NAME: Shawn Meekins
DEFENDANTS PHONE: 450-9643
DEFENDANTS ADDRESS: None at this time
ATTORNEY NAME: Judith Mason
ATTORNEY PHONE: 257-9183
General Information:
OFFICERS NAME: Former Deputy Sheriff II Elysia Smith and Staff Sergeant Tyrone Balakay
RANK: Former Deputy Sheriff II and Staff Sergeant
BADGE NUMBER:
ATTORNEY NAME:
ATTORNEY PHONE:
Incident Information:
DATE AND TIME OF INCIDENT(s): 09/JUL/2021 around 04:30

CHARGES BEING APPEALED:
  • WF03 - Possession of Illegal Firearms/Weapons
  • GF11 - Attempted Grand Theft Auto of a Government Employee
  • VF01 - Felony Evading
DEFENDANTS STORY/OPENING STATEMENTS: (any evidence attached must pertain to or somehow involve the situation)
On 09/JUL/2021 around 04:30, I was driving in the parking lot of Paleto Bank when what appeared to be two Sheriff's Deputies pulled up with a Deputy's cruiser with lights and sirens on. After a brief conversation, they informed me that they would be arresting me for Reckless Driving. I complied with their orders and got into the back of cruiser.

From the bank, we were driving towards Paleto Station when another Sheriff's Deputy's cruiser pulled up behind the one I was in and attempted to pull us over. It was at this time I realized the two men in the seats in front of me were not Deputies, but instead were impersonating them.

A pursuit then took place and I had no opportunity to leave the cruiser once I realized what had happened. After a vehicle crash that flipped the cruiser I was in, I immediately exited the vehicle and put my hands up, waiting for the real Deputies to take control of the scene. I was then arrested for Attempted Grand Theft Auto of a Government Employee and Felony Evading, despite the fact that I was a victim in this situation.

On the way to DOC, I was informed that Sheriff's Deputies had searched my vehicle that was legally parked at the bank without my consent. Due to the fact that my vehicle was not involved in the alleged crimes I was charged with, I believe this was an illegal search. Deputies allegedly recovered a firearm from my vehicle and I was additionally charged with Possession of Illegal Firearms/Weapons.

Signed, Shawn Meekins
Shawn Meekins

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Darby Adler
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Re: charge appeal

Post by Darby Adler »

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San Andreas Justice Department

Re: Shawn Meekins|Charge Appeal
"HERE FOR YOU | SAFE FOR YOU"

  • Miss Mason,

    I see you act on behalf of Mr Meekins in this matter. Can counsel please give written representations as to the purported illegality of the vehicle search? If required I shall also ask for oral representations to this matter should written submissions not be adequate enough to explore or determine the issues. I will be making a request on SAGOV for representation as to these matters for the purpose of disposal of these issues in due course.

    I would also ask counsel to disclose within a reasonable time period:
    1) Evidence that would support their claim;
    2) Evidence that would undermine their claim;
    3) Any additional material that will help dispose of the claim in a fair and objective manner.

    Please do not disclose meaningless or irrelevant material. If you submit such material, a costs order may follow.

    Please also prepare a schedule of documents you wish to be disclosed by the Respondent in this matter i.e. body-camera recordings etc.

    I thank counsel for their assistance in advance.

  • Your Sincerely,


    Honorable Darby Adler
    Appellate Judge
    San Andreas Judicial Branch
    San Andreas Government
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Re: charge appeal

Post by Judith Mason »

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San Andreas Judicial Branch

Re: Shawn Meekins | Charges Appeal
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  • Your Honor,

    In regards to the illegality of the vehicle search, the Los Santos Police Department Official Press Release entitled "Knowing Your Rights & Due Process" states that:
    Officers are allowed to search and seize any and all illegal or potentially dangerous items from the person of interest, and any and all property involved at the time of the crime, and at the time of an arrest.

    The conduct that resulted in my client's arrest did not involve his vehicle. Additionally, Mr. Meekins' subsequent arrest was nowhere near his vehicle and the timestamp of his charges show that it took approximately 6.5 minutes for the firearms charge to be added to his record.

    In regards to the other charges of Attempted Grand Theft Auto of a Government Employee and Felony Evading, the individuals that were impersonating Deputies of the Sheriff's Department had an implied authority over my client and, not wanting to be charged with Failure to Comply, my client complied with their demands and ended up in the back seat of the cruiser.

    My client did not attempt to take another person's vehicle without consent, as the individuals in the front seats of the cruiser arrived at my client's location already in possession of the vehicle and my client's actions do not constitute Felony Evading because he did not have an opportunity to safely exit the vehicle at an earlier time.

    I would like to request body-camera footage and any arrest report that was made by the involved law enforcement, which will show that my client complied to the fullest extent when actual law enforcement arrived on scene and will also potentially show the line of thinking that was involved with the search of my client's vehicle.

    Thank you, Your Honor.

    Respectfully,

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    Judith Mason
    State Attorney
    San Andreas Judicial Branch
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Darby Adler
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Re: charge appeal

Post by Darby Adler »

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San Andreas Justice Department

Re: Shawn Meekins|Charge Appeal
"HERE FOR YOU | SAFE FOR YOU"

  • Do we have Counsel for the State assigned yet? I want to hear the States position on the previous request from Mrs Mason.

  • Your Sincerely,


    Honorable Darby Adler
    Appellate Judge
    San Andreas Judicial Branch
    San Andreas Government
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Judith Mason
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Re: Shawn Meekins | Charges Appeal

Post by Judith Mason »

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Re: Shawn Meekins | Charges Appeal
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  • Your Honor,

    I do not believe counsel for the State has been assigned yet.

    Respectfully,

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    Judith Mason
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    San Andreas Judicial Branch
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Colt Daniels
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Re: charge appeal

Post by Colt Daniels »

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San Andreas Judicial Branch

Re: Shawn Meekins|Charge Appeal
"HERE FOR YOU | SAFE FOR YOU"

  • Your Honor,

    I will be acting on behalf of the Los Santos County Sheriff’s Department for this case. Please allow me time to meet with my client, assess the situation, and get the requested information for Ms. Mason. Thank you.

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    Colt Daniels, State Attorney
    San Andreas Judicial Branch
    (909) 402-9713 — [email protected]
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Darby Adler
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Re: charge appeal

Post by Darby Adler »

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San Andreas Justice Department

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  • Miss Mason,

    It seems to me the Appellants' position is as follows:
    • When Mr Meekins was not near the vehicle at the time of his arrest.
    • Substantially the search of his car was wrongful.
    I note that Mr Meekins in his initial appeal notice in the final paragraph states: -
    "I was informed that Sheriff's Deputies had searched my vehicle that was legally parked at the bank without my consent."

    Can counsel provide evidence that the vehicle had a valid parking ticket at the time the vehicle was at the bank? Preliminarily my view is if the car was parked without a valid parking ticket, the penal code by means of VC04 would be a means for the Sheriff's Department to seize and before the impounding of the vehicle search it.

    Could counsel for the Appellant please offer me your submissions as to whether the parking was with a valid parking ticket. If there is no evidence for a parking ticket, does counsel for the appellant have further submissions to make in this regard? I view this matter as a side issue that I think can be dispensed with as a preliminary issue.

  • Your Sincerely,


    Honorable Darby Adler
    Appellate Judge
    San Andreas Judicial Branch
    San Andreas Government
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Judith Mason
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Re: Shawn Meekins | Charges Appeal

Post by Judith Mason »

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San Andreas Judicial Branch

Re: Shawn Meekins | Charges Appeal
"HERE FOR YOU | SAFE FOR YOU"

  • Your Honor,

    If the Sheriff's Department wanted to charge my client with VC04 - Illegal Parking, they should have done so. However, even if they did, that would not warrant a search of his vehicle. Referring back to the Los Santos Police Department's "Knowing Your Rights & Due Process" Public Release, the section on Search and Seizure states the following:
    A citation alone does not authorize law enforcement officers the right to conduct a search and seizure, but does authorize them to lawfully identify the person(s) involved.

    Since VC04 - Illegal Parking is a simple Vehicular Citation and his vehicle was not used in the commission of any crime, a search of his vehicle without proper cause is a violation of his rights.

    My client is under no obligation to provide proof of payment for a parking ticket that he may or may not have purchased almost two months ago. Again, if the Sheriff's Department wanted to claim that my client parked illegally and wanted to charge him with Illegal Parking, they should have done so, but that still does not give them the right to search the vehicle.

    Respectfully,

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    Judith Mason
    State Attorney
    Court Clerk
    San Andreas Judicial Branch
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Colt Daniels
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Re: charge appeal

Post by Colt Daniels »

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San Andreas Judicial Branch

Shawn Meekins | Charges Appeal
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  • Your Honor,

    I would like to request a motion for summary judgment. With the evidence as follows I believe the appellant falsified multiple points within his appeal and believe the appellant has no real prospect of success and there is no other good reason to allow the litigation to continue.

    Lieutenant Balakay went through the appeal and pointed out everything that was falsified.
    Tyrone Balakay wrote:Fri Sep 03, 2021 12:15 am My responses to the statement can be found in red.

    On 09/JUL/2021 around 04:30, I was driving in the parking lot of Paleto Bank when what appeared to be two Sheriff's Deputies (They were all wearing gang clothing.) pulled up with a Deputy's cruiser with lights and sirens on. After a brief conversation, they informed me that they would be arresting me for Reckless Driving. I complied with their orders and got into the back of cruiser. It is obvious that they were not Sheriff's Deputies for two reasons. First, they are wearing gang clothing. Second, they are in a Los Santos Police Department Cruiser.

    From the bank, we were driving towards Paleto Station when another Sheriff's Deputy's cruiser pulled up behind the one I was in and attempted to pull us over. It was at this time I realized the two men in the seats in front of me were not Deputies, but instead were impersonating them. There were not two men in the seats in front of him. There was one man driving, and one female sitting next to him in the back seats. They were not impersonating, as they were not wearing any type of clothes that resembled law enforcement.

    A pursuit then took place and I had no opportunity to leave the cruiser once I realized what had happened. After a vehicle crash that flipped the cruiser I was in, I immediately exited the vehicle and put my hands up, waiting for the real Deputies to take control of the scene. I was then arrested for Attempted Grand Theft Auto of a Government Employee and Felony Evading, despite the fact that I was a victim in this situation. Meekins ran about 200ft, before dropping to his knees. Yes his hands were up, but still ran along with the female suspect.

    On the way to DOC, I was informed that Sheriff's Deputies had searched my vehicle that was legally parked at the bank without my consent. Due to the fact that my vehicle was not involved in the alleged crimes I was charged with, I believe this was an illegal search. Deputies allegedly recovered a firearm from my vehicle and I was additionally charged with Possession of Illegal Firearms/Weapons. This is covered in my statement above.
    In regards to the vehicle the appealent felt was illegaly searched Lieutenant Balakay wrote,
    I returned back to the bank shortly after the scene, to check the vehicles. Note, the driver of the pursuit and Meekins' vehicles were parked right next to each other, with no parking pay. As we had probable cause due to the owners of those vehicles a) not having parking pays and b) having felonies currently on their warrant list, we searched and impounded the vehicles. Meekins' car had an illegal firearm inside of it, and was thus charged with that due to it being in his possession as the car was not reported stolen. Both vehicles were impounded, and the gun was stored in the evidence room. Also, Ms. Mason is referring to the Police Department's public statement about their probable cause, but that is an entirely different Department and has a different handbook than the Los Santos County Sheriff's Department.
    In regards to the bodycam footage you can find it here

    From
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    Colt Daniels, State Attorney
    San Andreas Judicial Branch
    (909) 402-9713 — [email protected]
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Darby Adler
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Re: charge appeal

Post by Darby Adler »

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San Andreas Justice Department

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  • Counsellors,

    I am going to hear this summary motion in open Court as soon as possible. Please prepare submissions as to the motion the State is seeking.

    Please mind, this motion will not become something of a mini-trial for the appeal itself. I want your submissions only to focus on whether the position of the Appellant has no real prospect or success and whether there is good reason that the case should continue.

    Counsel for the State, please ensure your witness is at court when we set a time for the hearing. If he is not present I will hear submissions without him at your own risk.

    ((Please let me know your availability so we can pencil a time in that works for us all.))

  • Your Sincerely,


    Honorable Darby Adler
    Appellate Judge
    San Andreas Judicial Branch
    San Andreas Government
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Bret Hyland
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Re: charge appeal

Post by Bret Hyland »

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San Andreas Justice Department

Re: charge appeal
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  • With the sudden sybatical of Judge Adler, I will be taking over the handling of this case in order to get it to a resolution. I will need a day to get prepared then we shall proceed to schedule for the state to motion and present information as to the prospect or lack there of for the appeal.

    It is encouraged that the appealing party is present, as we will continue in his absence.

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    Associate Justice Bret Hyland
    San Andreas Judicial Branch
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Re: 21-09-09-AP - Shawn Meekins - LSSD

Post by Hugh Allgood »

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San Andreas Judicial Branch

Re: Shawn Meekins|Charge Appeal
"HERE FOR YOU | SAFE FOR YOU"

  • Honorable Bret Hyland,

    The appellant, by and through myself as his attorney, are ready to proceed in a hearing to oppose the motion for summary judgement filed by District Attorney Colt Daniels.

    I have not personally been in contact with Mr. Meekins, but I am prepared to proceed in absentia.



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    Hugh R. Allgood
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Re: 21-09-09-AP-011 | Shawn Meekins - LSSD

Post by Bret Hyland »

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Re: charge appeal
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  • Once Judith returns from her trip we will get this resolved quickly.

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    Associate Justice Bret Hyland
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Re: 21-09-09-AP-011 | Shawn Meekins - LSSD

Post by Colt Daniels »

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Re: 21-09-09-AP-011 | Shawn Meekins - LSSD
"HERE FOR YOU | SAFE FOR YOU"

  • Your Honor,

    I met with my client, the LSSD, months ago when this case was first brought to the appeals. I am ready to proceed with this case.

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Re: 21-09-09-AP-011 | Shawn Meekins - LSSD

Post by Bret Hyland »

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Re: 21-09-09-AP-011 | Shawn Meekins - LSSD
"HERE FOR YOU | SAFE FOR YOU"

  • ((Player has been banned from Eclipse, should he successfully appeal we can revisit this should he wish to))

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    Associate Justice Bret Hyland
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