Note: This motion and associated papers are as submitted to the court except that all identifying information for my wife has been replaced with her first name, Karyn, as the normal references on my web pages are to first name only.

Page breaks have been moved slightly to avoid page splits in the middle of paragraphs. Hand written entries are shown in italics.


FILED
05 NOV 28 AM 10: 50

CIRCUIT COURT
FOR MULTNOMAH COUNTY





In the Multnomah County Circuit Court

State of Oregon


Brian P. Carr

Plaintiff    

versus      

Multnomah County District Attorney

Respondent

Case

0923389

Request to Expunge Arrest

The Plaintiff, Brian P. Carr, requests that the records of his arrest on November 5, 2005 by the Portland Police Bureau, Case Number 04-106606, be sealed and the arrest itself be expunged in accordance with Oregon Revised Statute 137.225


Dated:

Location:
November 28, 2005

Portland, OR
Brian P. Carr______
Signature of Plaintiff
Brian Carr
11301 NE 7th St., Apt J5
Vancouver, WA 98684
360-607-0556

Respondent:
Multnomah County District Attorney
Multnomah County Courthouse, Room 600
1021 SW Fourth Avenue
Portland, Oregon 97204

Rqst Expng Arrest, Nov 28, 2005

Page 1 / 3


FILED
05 NOV 28 AM 1-: 50

CIRCUIT COURT
FOR MULTNOMAH COUNTY





In the Multnomah County Circuit Court

State of Oregon


Brian P. Carr

Plaintiff    

versus      

Multnomah County District Attorney

Respondent

Case 09-23389

Affidavit in Support of

Request to Expunge Arrest

I, Brian P Carr, am the Plaintiff in this matter, have knowledge of the facts of this matter, and make the following statements under oath and penalty of perjury.


  1. On November 5, 2004 I was arrested by Officer Lindsay of the Portland Police Bureau under Case Number 04-106606 which was listed as a Domestic Violence case and for a purported violation of the Order for Protection issued by Clark County Superior Court under Case Number 04-2-08824-4.

  2. Said Order precludes me from knowingly remaining within 300 feet of Karyn.

  3. I was inside of the Mandarin House Restaurant at SW 1st Ave / Ankary St. and Karyn was outside the restaurant and within 300 feet of all parts of the restaurant when Karyn complained of the violation of the Order for Protection.

  4. I was not aware of Karyn's presence outside the restaurant until Officer Lindsay and supporting officers escorted me outside the restaurant and arrested me without providing me the opportunity to leave the vicinity.


    Rqst Expng Arrest, Nov 28, 2005

    Page 2 / 3



  5. Said Order for Protection is under appeal with Washington State Court of Appeals Division II, case 32671-0-2 for lack of required: justification (there were no allegations of violence or threats of violence as required under RCW 26.50), due process, and jurisdiction (the Superior Court Commissioner who signed the order was appointed in violation of the limits Washington State Constitution). The details of the appeal can be seen at http://brian.carr.name/Brief.html (capitalization is important) along with the text of the Order, transcripts, statutes, etc.

  6. No accusatory instrument was ever filed and at least one year has passed from the date of arrest to the date of this motion to set aside. I have not 'secreted' myself inside or outside of Oregon since my arrest.

  7. I do not have any pending criminal charges; and I have no convictions (other than minor traffic convictions) within the ten-year period preceding the filing of this motion, and I have no other arrests within a three year period preceding the filing of this motion.

I certify under penalty of perjury under the laws of the state of Oregon that the foregoing is true and correct.


Dated:

Location:
November 28, 2005

Portland, OR
Brian P. Carr______
Signature of Plaintiff
Brian Carr
11301 NE 7th St., Apt J5
Vancouver, WA 98684
360-607-0556

Respondent:
Multnomah County District Attorney
Multnomah County Courthouse, Room 600
1021 SW Fourth Avenue
Portland, Oregon 97204

Rqst Expng Arrest, Nov 28, 2005

Page 3 / 3


This page was last updated on February 25, 2006.