r?"I FD (E: r- BENJAMIN SALORIO I 1 U7 (Q) luv. '11 3 Imperial County Public Defender . I DARREN BEAN (240959) a Deputy Public Defender ll at MAI, 4 ?3 ?8 895 Broadway Street El Centro, CA 92243 . 5? 1 Telephone: 442?265-1705 ATTORNA BY ISEU, Wm. Attorneys for Defendant MAY 4 2018 i?szRlAL IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF IMPERIAL Case No.: BCM 36351 People of the State of California, DEFENSE REPLY RE: 1538 RE: A Plaintiff, SHRUBBERY VS Date: MAY 8, 2018 tn?r?nu arr? A an Time: 9:00 a'm' Jun? Numb?: Location: Brawley Dept: TBA Defendant. 1. STATEMENT OF FACTS AND THE CASE John William Suraco was driving in the Truckhaven area on March 4th, 2017. A shrubbery was attached to the left front fender of his car, fairly low. It appears from the video that a driver could not even see the shrubbery given its location and the driver?s line of sight. BLM Officer Hermes, apparently assuming Suraco was headed to meet the Knights Who Say Ni, I pulled Suraco over, to ?investigate.? Suraco did not indicate that he was aware of the In Mom); Python and the Holy Grail, Python (Monty) Pictures (1975), an Arthurian satire, the Knights Who Say Ni are guardians of a forest that demand the gift of a shrubbery. (See generally (last accessed May 3, 2018), attached as Attachment A.) shrubbery. Hermes asserted in his report that he detected the odor of alcohol. A DUI investigation and arrest followed, then this action and the present motion. II. THE SHRUBBERY DID NOT GIVE RISE T0 REASONABLE SUSPICION The mere presence of the shrubbery does not give rise to suspicion of violations of law. The prosecution asserts two theories: Vehicle Code section 38319 (operating a vehicle to cause malicious and unnecessary damage) and California Code of Regulations, Title 14, section 4306 (prohibiting willfully destroying or moving trees or plants in state park land). But neither could be reasonably suspected. First, there is no description of poor driving in the report. Second, the asserted vehicle code Violation?malicious damage?requires a mans rea. There is no evidence Suraco could even see the shrubbery, much less that he intentionally drove in a manner to damage it or cause it to be on his vehicle. Most likely, the wind had attached it to his vehicle. N0 violation of the Vehicle Code could be presumed based on the mere presence of the shrubbery. Similarly, one cannot assume that Suraco willfully moved or harmed the shrubbery. He couldn?t even see the shrubbery. There was no reason to assume he intentionally placed it there or intentionally drove in a manner causing it to be attached to his vehicle. Moreover, the cited regulation applies to parkland. Given that the most reasonable explanation involves the wind, and that the park borders are arbitrary, there was no reason to assume the shrubbery came from protected grounds. There was no reason to suSpect code or regulatory violations, and therefore the stop was invalid. SHRUBBERY DOES NOT JUSTIFY A STOP, AND THEREFORE THE EVIDENCE SHOULD BE SUPPRESSED Pulling a man over for a shrubbery he couldn?t even see is legally the same as physically cutting down a mighty tree with a herring:2 It can?t be done. And because Suraco?s Fourth Amendment rights were violated by the stop, all subsequent observations and evidence should be suppressed. Dated:_j Respectfully submitted, . DARREN BEAN Deputy Public Defender JP- AttOrucy 1U1 ucxcuua?t 2 After demanding a second shrubbery, the Knights also demand Arthur cut down the mightiest tree in the forest with a herring. (Id, Attachment A.) ATTACHMENT A: WIKIPEDIA RE: KNIGHTS WHO SAY NI 5/3/2018 K, Knights Who Say Ni - Wlkipedia WIKIPEDIA Knights Who Say Ni The Knights ?Tho Say "Ni! if} Audi9 Q13) also called the Knights of Ni, are a band of knights encountered by K1_ng_Arthur and his followers in the ?le} and the [1qu Grail They demonstrate their power by shouting (pronounced terrifying the party, Whom they refuse to allow passage through their forest unless appeased through the gift of a shrubbery. if: The head knight, as portrayed by Michael Palin Contents Description Tasks Film notes Contemporary scholarship Footnotes References Further reading External links Description The knights appear silhouetted in a misty wood, wearing robes and horned helmets; their number is never apparent, but there are at least six. The leader of the knights, played by Michael Palin, is the only one who speaks to the party. He is nearly double Arthur's height, and wears a great helm decorated with long antlers. The other knights are large, but of human proportions, and wear visored sallet helmets decorated with cow horns. The knight explains that they are the "keepers of the sacred words 'Peng', and Arthur con?des to Sir ?gdmre, "those who hear them seldom live to tell the tale! Tasks The knights demand a sacri?ce, and when Arthur states that he merely wishes to pass through the woods, the knights begin shouting "Nil", forcing the party to shrink back in fear. After this demonstration of their power, the head knight threatens to say again unless the travelers appease them with a shrubbery; otherwise they shall never pass through the wood alive. When Arthur questions the demand, the knights again shout until the travelers agree to bring them a shrubbery, which the head knight speci?es must be "one that looks nice. And not too 5/3/2018 Knights Who Say Ni Wikipedia In order to ful?ll their promise to the Knights of Ni, the party visits a small village, where Arthur and Bedivere ask an old crone wher they can obtain a shiubbery. The woman questions them, and Arthur admits that it is for the Knights who say "Ni!"whe1eupon she lefuses to cooperate. Arthu1 then threatens to say to the old woman Unless she helps them and I when she still refuses, begins shouting "Nil". Bedivere has tiouble saying the sacred word, which he pronounces until Arthur demonstrates the correct technique. As the crone shrinks back from their combined assault, they are interrupted by Roger the Shrubber, who laments the lack of law and order that allows ruf?ans to say to an old woman. Arthur obtains a shrubbeiy from Roger, and brings it to the Knights of Nim The head knight acknowledges that ?it is a good shrubbery", but asserts that the knights cannot allow Arthur and his followers to pass through the wood because they are no longer the Knights who say They are now the Knights who say ?Ekke Ekke Ekke Ekke Ptang Zoo and must therefore give Arthur a test. Unable to pronounce the new name, Arthur addresses them as ?Knights who until recently said inquiring as to the nature of the test. The head knight demands another shrubbery, to be placed next to but higher than the ?rst; and then Arthur "must cut down the mightiest tree in the forest?with a herring!" The knight presents a herring to be used. Arthur objects, asserting that "it can't be done!" upon which the knights recoil as though in fear and pain. It soon emerges that the knights are unable to withstand the word which Arthur?s party is unable to avoid saying. The knights are soon incapacitated by the word, which even the head knight cannot stop repeating, allowing Arthur and his followers to make their escapem Film notes In the original screenplay, it was suggested that the head knight be played by "Mike standing on John's shoulders". In the DVD commentary for the ?lm, Michael Palin states that their use of the word was derived from The Goon Show. Upon Arthur's return, the knights were to have said, Contemporary scholarship The Knights who say "Ni" have been cited as an example of intentional disregard for historical accuracy in ne0+ medievalisnji, which may be contrasted with the casual disregard for historical accuracy inherent in more traditional works of the genrem However, in Medievalisms: Making the Past in the Present, the authors suggest that the original characters of Monty Python and the Holy Grail actually represent rather than neomedievalism, as many of the ?lm's details are in fact based on authentic medieval texts and ideas. With respect to the Knights who say the authors suggest that Sir Bedivere's dif?culty pronouncing "Nil", despite its levity, "carries a very learned joke about the dif?culties of pronouncing MiddleEnglish", alluding to the _gre?it__y?wel Shift, which occurred in Engl1sh during the late medieval_p_eri_od_[5l Footnotes i. There are several siight variations in spelling based on different sources; this spelling is based on the film subtitles, which give "Zoo" rather than "Zoom"; the end of this word is pronounced in the ?lm. The subtitles only include three ?Ekkes?, but four can definitely be heard in the dialogue. This line appears to have been semi- improvisational, and may differ from the original script and later versions, with sometimes being added at the end. Despite the head knights pronouncement of the new name, some of the other knights still chatter in the background. References and (Directors) (1975). Monty Python and the Holy Grail (Motion picture). EMI Films. 5/3/2018 Knights Who Say Ni - Wikipedia 2. Kevin J. Harty (2062). CInelma Arthuriana McFarland. ISBN 0?7864?1344-1 . Parkez?, Alan hea Mick (2606) _And Now For SomeIhIng Completely A Complete Illustrated Io Monty Python CQs anQ QVQs sn?se??ei onepaaeicq michae The Disinformation Company. p. 62. Carol Robertson and Pamela Ctements (editors), ?Neomedievalism In the Media: Essays on Film, Teievislon and Electronic Games", in Parergon. vol. 30, no. pp. 313?315 (2013), Australian and New Zealand Association of Medieval and Early Modern Studies. 5. Tison Pugh and Angela Jane eist MedI?evaIIsms Making Past In the Present Routtedge (ZOI 3), p. 4. CA) 425 Further reading - Larsen Dart (2003). Monty Shakespeare, and Engl'Ish Renaissance drama I'Ibooks google. comIbooks? id: _326thyT?CYCEng; 978? 0?7864? 1504- 5. Retrieved 2011 ?08 21 External links . The _Knights_ Who Say Monty anQ th_Q Holy (3_rai_l youtube com/watch9v le4poUZAQo) Official Monty Python Channel This page was last edited on 28 March 2018, at 00:26. Text is available under the Creative Commons Attribution- ShareAlike LiQense; additional terms may apply By using this site, you agree to the Terms of Use and Privacy PolIcy WIkIpedIaO IS a registered trademark of the WIkImedIa Foundation Inc. a non- pro?t organization