STATE OF OREGON
                                             )
Plaintiff,
                                             ) Case No. 00-CR-0526
                                             )
v.
                                             ) MOTION TO DISMISS
                                             )
Brian Edward Christine,
                                             ) JULY 31, 2000
     Brian Edward Christine.
                                             )


Pursuant to Rule 14 (A) and (B), Oregon Rules of Civil Procedure, Brian Edward Christine moves to dismiss Plaintiff’s Complaint as Brian Edward is already being tried in the same Circuit Court for the same crime.  Further, no probable cause existed, no warrant was issued, no admissible evidence exists, no accuser exists, no witnesses exist, the alleged offense could not have happened in Josephine County or in Oregon thus rendering the jurisdiction invalid, and Brian Edward is an Indiana resident with no ties or commitments to the State of Oregon.

Factual Grounds

On July 31st it is purported that an anonymous phone caller made a complaint to the police that a “child” appeared dehydrated and that a family was living behind the library in an RV neither of which are an investigatable offenses.  The complainant never mentioned any physical wound or bruise on any “child” (MAPP v.  OHIO, 367 U.S.  643).

The officers failed to identify the “child” that the complainant called about.  The complainant’s credibility must be questioned when considering that the library parking lot is 2 hour parking, making it impossible for any family in an RV to be living behind it.  Also, the credibility of the complainant cannot be verified to ascertain whether or not he possessed the medical license or knowledge to develop probable cause based on the appearance of an unidentified “child”.  The caller could not have possibly seen one of our Daughters as all were inside our motorhome eating lunch.

Police dispatched to the Library parking lot happened upon my wife and Three Daughters eating lunch in our motorhome.  (MAPP v.  OHIO, 367 U.S.  643) My wife, Ruth Elizabeth Christine was harassed until she finally came in to the library seeking relief from the officers’ constant inquiries through open windows in our motorhome.  They followed her there and finding me, interrupted my business on a library computer.  After about an hour of arguments and several threats from Officers, an armed Detective Dan Evans interrogated My Three Daughters and claimed that one of my daughters had incriminated me.  I asked Detective Evans repeatedly what my rights were and what course of action I could take, yet he denied me counsel and instead threatened me.  (ESCOBEDO v.  ILLINOIS, 378 U.S.  478)

While police blockaded my family in the library parking lot making it obvious we were not free to leave, the Detective proceeded to ask me questions without having mirandized me.  He then used certain statements against me and stated he was placing me under arrest for a felony charge of assault.  He did not hand-cuff me but had me escorted to the Justice Building where I was finally read my rights on tape.  Thereafter I remained silent, resting on the Fifth Amendment.

The Detective was informed on multiple occasions that the time and place of Lydia’s alleged injury was uncertain as we had been travelling extensively from Washington to California and back.

Further, the officers made no attempt to offer water to anyone present in our motorhome; evidence that they had no real concern for the same.

It should also be noted that on August 2, 2000 an arraignment was held at which I was given an INFORMATION dated August 1, 2000 in which the District Attorney Clay E.  Johnson accused me of ASSAULT IN THE THIRD DEGREE, a class C Felony but on the same day of the 1st of August, the District Attorney wrote an AMENDED INFORMATION which was withheld from me during 3 later hearings on the 9th, 11th and 16th of August.  The AMENDED INFORMATION was not given me until a hearing on the 24th of August as evidenced in an audio tape of court proceedings on the 24th of August and in the AMENDED INFORMATION handed me, both now in my personal possession.  The court was attempting to prosecute a higher crime on an INFORMATION that was null and void.  Further, no reduction of charges was requested but was issued by the District Attorney of his own accord revealing the weakness of the case.

There is no evidence and no witness to any crime.  What I have witnessed however, is predatory abuse of power by officers of Law Enforcement, SOSCF and the State of Oregon.

Relief Sought

THEREFORE, it is hereby moved that the honorable justice dismiss this case based upon the facts that movant is already being charged for the same crime in the same Circuit Court.
&
The lack of probable cause, warrant, admissible evidence, accuser, or witnesses is further reason for the honorable justice and court to dismiss the Complaint.

AUTHORITIES:

Oregon Constitution, Article I, Sections 11 and 12
MAPP v.  OHIO, 367 U.S.  643
ESCOBEDO v.  ILLINOIS, 378 U.S.  478
MIRANDA v.  ARIZONA, 384 U.S.  436, 86 S Ct 1602 (1966)

Humbly Submitted this 2nd Day of October, 2000.

___________________________________
Brian Edward Christine

A man whose Christian Name is Brian Edward Christine, came before me on the 2nd day of October, 2000 A.D. and attested that the above statements are true and correct according to his conviction upon first hand competent witness.

___________________________________
Notary Public for Oregon
My Commission Expires : _____________