You are on page 1of 1

-"A statute does not trump the Constitution." People v. Ortiz, 32 Cal.App.4th at p. 292, fn. 2 Conway v.

Pasadena Humane Society (1996) 45 Cal.App.4th 163 A statutory privilege cannot override a defendant's constitutional right. People v. Reber, (1986) 177 Cal.App.3d. 523 [223 Cal.Rptr. 139}; Vela v. Superior Ct, 208 Cal.App.3d. 141 [255 Cal.Rptr. 921], however, "the judiciary has a solemn obligation to insure that the constitutional right of an accused to a fair trial is realized. If that right would be thwarted by enforcement of a statute, the state ...must yield." Vela v. Superior Ct., 208 Cal.App.3d. 141 [255 Cal.Rptr. 921 Obviously, administrative agencies, like police officers must obey the Constitution and may not deprive persons of constitutional rights. Southern Pac. Transportation Co. v. Public Utilities Com., 18 Cal.3d 308 [S.F. No. 23217. Supreme Court of California. November 23, 1976.] If evidence of a fact is clear, positive, uncontradicted and of such nature it cannot rationally be disbelieved, the court must instruct that fact has been established as a matter of law. Roberts v. Del Monte Properties Co., 111 CA2d. 69 (1952) If they can get you asking the wrong questions, they don't have to worry about answers. Thomas Pynchon They will do whatever we let them get away with. Joseph Heller

You might also like