Personally, I'm enjoying this rather amusing legal debate within the forums. I believe that SanFran is being very professional in his arguments and his negative comments.
But, I believe that, you sir, Mr. Dallas, failed to recognize his answer. I believe that in my opinon, that SanFran has answered your question and that you can not comprehend his answer. He keeps repeating himself trying to get you to understand his point of view in understanding the case at hand.
I would continue on with my thoughts and personal views about this "legal debate" but I have an appointment that I need to get to.
My suggestion: re-read his replies. He's answered your question.