BLM to Idaho Miner: "My authority supercedes the United
States Constitution"
As reported by the American
Mining Law Forum, a miner in Idaho, identified as Nicole Crossman,
who is one of the founders of the South West Idaho Mining Association,
was arrested on her locatable mineral deposit property for obstruction.
On July 11th, 2012, Crossman was approached at her family's
camp by two BLM employees identified as Ann Marie Sharkey and Jeff Weiss.
In the extensive video evidence that was later uploaded
to YouTube, what appears to begin as a friendly routine visit by BLM, the
situation escelates when Sharkey spots mining incident tools on the site
and promptly demands that Crossman produce identification. When Crossman
questions Sharkey's law enforcement status, Ann Marie Sharkey responds
by immediately calling the Sheriff's Department over her radio and launches
into a tirade, where she states that she (Sharkey) owns the minerals on
Crossman's claim by way of FLPMA.
When Crossman asks Sharkey "You are telling me that
you supersede the constitution of the United States?", Sharkey
responds with "Yes, I do."
Weiss: Hi! How’s it going tonight?
Nicole: Good. How are you?
Weiss: (shakes head) Uh, this is a nice set up here.
Nicole: Yes, it is comfortable.
Weiss: Awesome, how many people can you feed with this
set up?
Nicole: When the kitchen cupboards are full, we can feed
up to 20 people or so.
Weiss: No Kidding? Wow, that’s amazing.
Nicole: Yes, but we haven’t fed that many in a while.
(chuckle)
Weiss: Alright! Well we were just checking things
out, I would say have a great weekend then.
Nicole: Thanks, oh yeah it is Friday, isn’t it?
Weiss; Yes, have a good weekend.
Nicole: alright, you too.
Weiss: (backs off and heads to vehicle)
Sharkey: Um! Can you tell me what it is that you
are doing here?
Nicole: With what?
(there was our sluice box on the ground, and a pump motor
/ she points to them)
Sharkey: These here (pointing)
Nicole: oh That is a sluice box.
Sharkey: and this?
Nicole: that is a pump of some sort connected to a little
motor…
Sharkey: oh I see. Um what is used for?
Nicole: That is my mineral exploration device.
I use it to extract certain minerals from a subsurface source.
Sharkey: oh I see. Can I see your ID?
Nicole: For what? I don’t think you need to see that.
You are not law enforcement .
Sharkey: Yeah I do, I am a federal BLM AGENT. If
you want I can call the sheriff and he can get me your Id?
Nicole: Can you get your supervisor out here?
Sharkey: Im calling the sheriff. “dispatch… Blm 807..
I need an officer out here just past alder creek bridge on the southfork
road.” I called the sheriff and he can get that info I need from
you.
Nicole: Well I want to inform you that you are
trespassing on a federal mining claim.
Sharkey: I want you to show me your mining corner
posts, signs and notices.
Nicole: No. You are more than welcome to go and
find them if you are so concerned of that, but the notice of location is
located in that tree over there.
Sharkey: Can I have your ID?
Nicole: No I don’t think you need my ID?
Sharkey: Mam, this is public land with a 14 day stay
limit on it. How much longer do you think you will be staying? The
rest of the weekend?
Nicole: I am not sure. And this is actually public
domain once I entered it to prospect. Especially because I have a
claim here!
Sharkey: This is public land.
Nicole: It WAS public land it is NOW Public DOMAIN.
Are you familiar with laws that have granted me to be entitled to this
public domain?
Sharkey: I am aware of the mining laws!
Nicole: Really? Which one?
Sharkey: The 1800 one.
Nicole: There isn’t an 1800 mining law.
Sharkey: I own and manage
all of these minerals
you are trying to mine for. I need to identify who I am speaking
with. ID?
Nicole: There is no reason to see my ID. Really?
You are telling me that you supersede the constitution of the United
States? Sharkey: Yes, I do. I own ALL OF THESE MINERALS
here.
(NOTICE WEISS HAS NOT SAID A WORD)
Nicole: No, you are a surface management agency, and what
we are doing is extracting minerals from a SUB-surface area.
Sharkey: I don’t think that will fly. You
will have to how me an ID or I will make an arrest.
Nicole: You don’t have that authority, you are a code
enforcement, not a law enforcement officer.
Sharkey: No. I am a federal agent and I get
my authority from the Flpma
FROM THIS POINT ON WE HAVE A VIDEO LINK HERE
The second video starting at the arrest and search (#2)
was already uploaded. Now, the 2nd video shows threats by the sheriff
Tatilian and the body search and violation.
AFTER THE SHOW:
The sheriff AND BLM agents stopped one mile from our campsite
at a chevron station and parked their vehicles anywhere from 30 minutes
to an hour with me in the back with tight cuffs on.
Tatilian: dispatch… Blm 807.. I have an unidentified female
in custody…
Dispatcher: What’s going on?
Tatilian: I have an unidentified female in custody who
refused to give me her identification
Dispatcher: Whats the charge?
Tatilian: Obstruction
Dispatcher: For what?
Tatilian: refusing to give me her ID? I think she
should go to ADA Co. Jail. Probably til Monday and she can see a
judge.
Dispatch OR HIS SUPERVISOR ( I WAS UNSURE HERE): Is Annmarie
anywhere around you?
Tatilian: Yes. Hang on.
Sharkey: Dispatch… BLM 807
Dispatch: Hey uh, did you get those reports that were
due this morning on (my/his) desk?
Sharkey: Ooh… I forgot. I will get those to you
as soon as I get back to the desk/office.
(WEISS, SHARKEY AND TATILIAN STAND OUT IN FRONT OF THE
HOOD OF SHERIFF VEHICLE TALKING)
TATILIAN WALKS OVER TO MY DOOR; OPENS IT AND …
TATILIAN: ARE YOU WILLING TO GIVE ME YOUR ID YET?
NICOLE: NO, I STILL DON’T SEE A REASON AS TO WHY YOU
NEED THAT.
TATILIAN: I AM PLACING YOU UNDER ARREST FOR OBSTRUCTION.
Nicole: For what?
Tatilian: we could keep going round and round about this
(HE SHUTS THE DOOR IN MY FACE.)
(He walks back over to WEISS AND SHARKEY, they are laughing
and I am just sitting there waiting)
A FEW MINUTES LATER HE WALKS BACK OVER TO MY DOOR OPENS
IT AND…
TATILIAN: LOOK, I CAN TAKE YOU BACK TO YOUR CAMP IF YOU
JUST GIVE ME THE INFO I REQUESTED
NICOLE: WHAT AM I BEING CHARGED WITH?
TATILIAN: I TOLD YOU.
NICOLE: I DON’T KNOW WHAT THAT MEANS OR OBSTRUCTION TO
WHAT?
TATILIAN: I TOLD YOU THAT I NEEDED TO TELL MY DISPATCH
WHAT CALL I WAS ON AND AN IDENTIFICATION.
HE SHUTS THE DOOR AGAIN.
A FEW MINUTES GO BY AGAIN AND THEN HE COMES BACK OVER
TO HIS SIDE OF THE VEHICLE GETS ON THE RADIO.
TATILIAN: A NUMBER I CAN’T REMEMBER… I NEED AN AUTHORIZATION…
DISPATCH: WHAT’S UP.
TATILIAN: I HAVE AN UNIDENTIFIED FEMALE IN CUSTODY AND
NEED AUTHORIZATION TO ALLOW BLM 807 TO TRANSPORT TO ADA CO. JAIL.
Dispatch: ok. Hold on…
(WAITING)
DISPATCH: Ok! Authorized BLM 807 TO TRANSFER AND TRANSPORT
TO ADA CO. JAIL.
TATILIAN: ALRIGHTY. THANK YOU SIR.
Tatilian to sharkey: I can’t take her because I am off
at two am. It would be overtime.
(HE GETS OUT. TATILIAN, WEISS AND SHARKEY GATHER
AGAIN AND TALK)
TATILIAN GETS HIS CLIPBOARD AND STARTS WRITING. (THE PAPER
TIME HE WROTE WAS 22:17 pm, THAT I RECEIVED WITH MY BELONGINGS AT THE JAIL)
He walks to my side of the vehicle opens the door again:
(RADIO IN HAND) “UM HAZEL OR BROWN, POSSIBLE HAZEL… APPROX 6FT…”
Nicole: CAN I ASK YOU A QUESTION?
TATILIAN: YES.
NICOLE: WHEN YOU BECAME A SHERIFF, YOU HAD TO TAKE AN
OATH TO SERVE AND TO PROTECT, CORRECT?
TATILIAN: Yes and I am very proud to protect and serve!
Nicole: ok. Then why aren’t you protecting me from
these people who are harassing me for no reason at all?
Tatilian: Because I don’t believe they are harassing
you. The BLM doesn’t have codes or regulations that mandate you to
provide an ID AND YOU DON’T HAVE TO; BUT WHEN I ASK YOU TO YOU KEEP REFUSING.
Nicole: because you haven’t clearly stated or articulated
why I am arrested and clearly explained to me what my charges are!
Tatilian: I told you, OBSTRUCTION.
NICOLE: Of what though?
Tatilian: (this is fuzzy) obstruction of an investigation.
Nicole: nope! Not good enough for me.
(he closed the door again)
Again a few minutes later, he comes back and asks me to
get out of the vehicle …
He helped me get one shoe back on and my long leg got
stuck in the tiny back seat. As I struggled with really tight cuffs
on behind my back, he pulled my legs toward the door releasing the leg.
He stated:
Tatilian: Mam. I am transferring you to the custody of
the BLM and they will transfer you to the ADA CO. JAIL. WE ARE REMOVING
THESE CUFFS AND PLACING YOU IN A BELT AND ATTACHING YOUR CUFFS TO IT.
WEISS PUT ME IN THE BELT AND CUFFS (FINALLY HE LOOSENED
THEM!) He led me to a vehicle that had this seat in a cage and placed my
seat belt on.
WEISS WAS TRAINING AS HE STATED HE HADN’T DONE A TRANSFER
BEFORE. SHARKEY SAID TO MARK MILEAGE AND WHEN CROSSING CO. LINES,
HE IS TO RADIO DISPATCH AND LET THEM KNOW.
STARTING MILEAGE WAS 5060 AND ENDED AT 5110. WEISS RADIOED
THIS TO DISPATCH
WEISS: DISPATCH STARTING MILEAGE AND TIME.
NOT A WORD WAS SAID FOR THE ENTIRE TRIP. OTHER
THAN SHARKEY TO TEACH WEISS HOW TO OPERATE THE COMPUTER IN THE VEHICLE.
THROUGH LITTLE HOLES IN THE CAGE, I PROBABLY WAS SITTING IN THE DOG KENNEL
PART OF THE VEHICLE. HEHE Anyway, I saw SHARKEY ENTER IN THE COMPUTER ABOUT
THE BLM 807 AT SOUTHFORK AND ALDER, TRANSPORT... THE COMPUTER CLOSED.
THE SILENCE CONTINUED…
WE ARRIVED AT THE ADA CO. JAIL, AND SHARKEY INFORMED
WEISS THAT THE JAIL KNOWS HER AS “ROBERTS807” AND SLOWLY PULLED INTO THE
SALLYPORT.
SHARKEY GETS OUT AND OPENS HATCH TO VEHICLE. EXPLAINS
THAT WEISS AND HER MUST REMOVE THIGH TACTICAL HOLSTER WITH FIRE ARMS, TAZERS
AND ALL MAGS. … WEISS DOES SO!
WEISS COMES OVER TO MY DOOR AND STATES THAT WE ARE READY
TO BOOK.
HE THEN WALKS ME OVER TO THE DOOR WITH A SIGN THAT SAYS:
HAVE ALL FIRE ARMS REMOVED AND PAPERWORK COMPLETED!”
The voice over the intercom stated agent Sharkey (they
know her well apparently) please remove your mags. Is your paper
work done?
Sharkey: No! Hold on.
Weiss: (to me) mam, please have a seat here. (on a bench)
Sharkey fills something out and then takes off her mags
Weiss: (to me) Mam, come we are ready.
Nicole: Ok, I stand up and electronic door opens and
Weiss leads me in with sharkey following.
They stand there and converse with an ADA CO. DEPUTY.
I don’t know his name. but he was really nice to me and
said that we had an option to let the BLM agents go and he can work with
me or I could sit in Jail until I see a judge on Monday.
Nicole: Officer, I have no problem working with you and
thank you for being so nice to me.
Officer: no problem, LET ME SEND THEM ON THEIR WAY! Just
stay seated here and the female officer here will conduct a body search.
Nicole: …
The two BLM seemed like they left…. The saga continues.
I get through another vigorous “pat down” and the question
the female officer asked was why are you in here?
Nicole: I still don’t know.
Officer: They say obstruction but they don’t say
what for.
Nicole: I know and that is why I am confused.
OFFICER: I NEED YOUR NAME, SOCIAL AND BIRTHDATE…. ADDRESS
PLEASE. PHONE NUMBER AND EMERGENCY CONTACT.
NICOLE: I GIVE IT TO HER. ( SHE NEVER ASKED FOR MY ID)
Officer: ok. Well unfortunately it takes a long time
to get out of here, are you willing to just bond out?
Nicole: yes!..
Officer: (whispers to me) This is ridiculous…
Nicole: I know.
So I go to make my phone call. Talk to my husband
and sit down.
The officer wanted to get my prints. I was talking
to him about the technology in those things now and he looked at me and
said, why are you here?
Nicole: I don’t know, is finger printing normal?
Will this show on my record?
Officer: no, its just a crime database… it maybe a misdemeanor.
But don’t quote me….
