On May 20, 2020 a
Hearing
was filed
involving a dispute between
California Highway Patrol,
Mcintyre, Scott K,
and
for civil
in the District Court of Butte County.
Preview
F Sugg‘or CouttofButte
of California
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|
County
HIGHWAY PATROL CHICO AREA OFFICE
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CALIFORNIA l:
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MAY 20 2020
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Chlco,
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413 Southgate Avenue, CA 95928
m uyH efcmm
[3 v
' [KJ
By: .Depub
Office: (530)332—2800
SUPERIOR COURT OF THE COUNTY OF BUTTE
STATE OF CALIFORNIA
California Highway Patrol,
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2W A 1:05
VS- ) MOTION & AFFIDAVIT
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) IFOR 10751V.C. HEARING ~
McIntyre, Scott.K. )
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) Date: July 29, 2020
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Time: 9:00 a.m.
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PETITION FOR ORDER DISPOSING OF ALTERED VEHICLE/COMPONENT PART
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(CalifoInia Vehicle Code Section 10751(b))
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Motion and Affidavit
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I, Logan Callahan, #18181, Officer, employed by the California Highway Patrol
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(CHP), hereby request that the Court issue an order for destruction, a 1999
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Honda CR125R MOtorcycle, red and white in color, bearing the false Vehicle
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Identification Number (VIN)JH2JE0132XM102609, with a mounted engine bearing
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the false Engine Number 6002598.
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On February O6,‘2020, the above described vehicle was presented for a VIN
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Verification at the CHP —
Chico Area Office. I spoke with the person
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presenting the vehicle, Scott K. McIntyre. Mr. McIntyre stated his friend,
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Mr. Alphonse G. Sperske, had purchased a lot in Paradise that had burnt
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during the Camp Fire. On the lot, was a small shed that contained the Honda
in question. Mr. McIntyre related his friend'gave him the Honda. Mr.
McIntyre stated the plastic ferring's that were originally on the Honda had
melted due to the Camp Fire and he had replaced them prior to bringing the
Honda in for inspection.
While examining the vehicle described above, I observed the last number of
the VIN was larger than the rest of the numbers and appeared to be altered.
Upon inspecting the Engine Number, I againlobserved the last number not match
the Stamping of the other numbers. A records check on the VIN number stamped
lO on the Honda did return to a 1999 Honda Motorcycle that'had expired
ll registration from June 2009.
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13 Through confidential means, I was able to determine both the Engine Number as
14 well as the VIN number were not a correct sequence for the Honda presented
15 for inspection. Further investigation revealed the correct VIN number for the
16 Motorcycle presented is JH2JE0132XM102604 and the correct Engine Number is
17 6002596.. A records database check using the correct VIN number as well as
18 the Engine Number'did.not return any results for a registered owner.
Through
19 confidential means, it was determined the Honda was sold By Chaparral Cycle
20 Supply (555 South H Street San Bernardino,VCA).
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22‘ I contacted Chaparral Cycle Supply by phone and inquired if they possessed
23 -any sales records for the motorcycle in question. I was informed by the
24 dealership they did not have records for the vehicle in question dueAto the
25 time elapsed since the original sale date.
Through confidential means, the name of the original purchaser of the Honda
was obtained. All attempts to contact that party have‘been unsuccessful.
Based on the fact the public VIN as well as the Engine Number stamped on the
vehicle presented are false, the vehicle was seized pursuant to 1075l(a) of
the California Vehicle Code
The vehicle described above is currently being held at the Chico Area CHP
office, located at 413 Southgate Avenue, Chico, CA 95928.
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11 Due to the fact that‘the public VIN as well as the Engine Number stamped onto
12 the vehicle are false, I believe that this vehicle is in Violation of
l3 10751(b) of the California Vehicle Code, therefore, I am requesting that the
'14 vehicle be destroyed.
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421
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I declare under penalty of perjury that the foregoing is true
and correct. a
Executed on MAY 7.0 , 2020 , at Chico I
California.
Affiant's Signature:
California Highway Patrol Officer Logan Callahan, I.D. 18181
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Document Filed Date
July 29, 2020
Case Filing Date
May 20, 2020
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F Sugg‘or CouttofButte of California F: | County HIGHWAY PATROL CHICO AREA OFFICE L — CALIFORNIA l: I" MAY 20 2020 E ' ‘ ( E: Chlco, - 413 Southgate Avenue, CA 95928 m uyH efcmm [3 v ' [KJ By: .Depub Office: (530)332—2800 SUPERIOR COURT OF THE COUNTY OF BUTTE STATE OF CALIFORNIA California Highway Patrol, g ) 2W A 1:05 VS- ) MOTION & AFFIDAVIT t ) IFOR 10751V.C. HEARING ~ McIntyre, Scott.K. ) 10 ) Date: July 29, 2020 ) - Time: 9:00 a.m. ll 12 PETITION FOR ORDER DISPOSING OF ALTERED VEHICLE/COMPONENT PART 13 (CalifoInia Vehicle Code Section 10751(b)) l4 Motion and Affidavit 15 I, Logan Callahan, #18181, Officer, employed by the California Highway Patrol l6 (CHP), hereby request that the Court issue an order for destruction, a 1999 l7 Honda CR125R MOtorcycle, red and white in color, bearing the false Vehicle l8 Identification Number (VIN)JH2JE0132XM102609, with a mounted engine bearing l9 the false Engine Number 6002598. 20 21 On February O6,‘2020, the above described vehicle was presented for a VIN 22 Verification at the CHP — Chico Area Office. I spoke with the person 23 presenting the vehicle, Scott K. McIntyre. Mr. McIntyre stated his friend, 24 Mr. Alphonse G. Sperske, had purchased a lot in Paradise that had burnt 25 during the Camp Fire. On the lot, was a small shed that contained the Honda in question. Mr. McIntyre related his friend'gave him the Honda. Mr. McIntyre stated the plastic ferring's that were originally on the Honda had melted due to the Camp Fire and he had replaced them prior to bringing the Honda in for inspection. While examining the vehicle described above, I observed the last number of the VIN was larger than the rest of the numbers and appeared to be altered. Upon inspecting the Engine Number, I againlobserved the last number not match the Stamping of the other numbers. A records check on the VIN number stamped lO on the Honda did return to a 1999 Honda Motorcycle that'had expired ll registration from June 2009. 12 13 Through confidential means, I was able to determine both the Engine Number as 14 well as the VIN number were not a correct sequence for the Honda presented 15 for inspection. Further investigation revealed the correct VIN number for the 16 Motorcycle presented is JH2JE0132XM102604 and the correct Engine Number is 17 6002596.. A records database check using the correct VIN number as well as 18 the Engine Number'did.not return any results for a registered owner. Through 19 confidential means, it was determined the Honda was sold By Chaparral Cycle 20 Supply (555 South H Street San Bernardino,VCA). 21 22‘ I contacted Chaparral Cycle Supply by phone and inquired if they possessed 23 -any sales records for the motorcycle in question. I was informed by the 24 dealership they did not have records for the vehicle in question dueAto the 25 time elapsed since the original sale date. Through confidential means, the name of the original purchaser of the Honda was obtained. All attempts to contact that party have‘been unsuccessful. Based on the fact the public VIN as well as the Engine Number stamped on the vehicle presented are false, the vehicle was seized pursuant to 1075l(a) of the California Vehicle Code The vehicle described above is currently being held at the Chico Area CHP office, located at 413 Southgate Avenue, Chico, CA 95928. 10 11 Due to the fact that‘the public VIN as well as the Engine Number stamped onto 12 the vehicle are false, I believe that this vehicle is in Violation of l3 10751(b) of the California Vehicle Code, therefore, I am requesting that the '14 vehicle be destroyed. 15 l6 l7 18 l9 20 421 22. 23 24 25 I declare under penalty of perjury that the foregoing is true and correct. a Executed on MAY 7.0 , 2020 , at Chico I California. Affiant's Signature: California Highway Patrol Officer Logan Callahan, I.D. 18181 lO ll 12 l3 l4 15 16 l7 18 19 20 21 22 23 24 25