Travel Information - Resource Page
Not intended as legal advice.
Unless otherwise stated the various parties presented here are not affiliated with Freedom School
All the powers in the universe seem to favor the person who has confidence.
Jack McLamb: Right to Travel
United States v. Guest, 383 US 745; Justice Harlan on the
right to travel
Driver Licensing vs. the Right to Travel
"Operation of a motor vehicle upon public streets and highways is not a mere privilege but is a right or liberty protected by the guarantees of Federal and State constitutions." Adams v. City of Pocatello 416 P.2d 46
"The RIGHT of the citizen to DRIVE on the public street with freedom from police interference, unless he is engaged in suspicious conduct associated in some manner with criminality is a FUNDAMENTAL CONSTITUTIONAL RIGHT which must be protected by the courts." People v. Horton 14 Cal. App. 3rd 667 (1971)
"The right of a citizen to travel upon the public highways and to transport his property thereon, by horse-drawn carriage, wagon, or automobile is not a mere privilege which may be permitted or prohibited at will, but a common right which he has under his right to life, liberty, and the pursuit of happiness." Slusher v. Safety Coach Transit Co., 229 Ky. 731, 17 S.W.(2d) 1012,66 A.L.R.1378; and affirmed by the Supreme Court in Thompson v. Smith, 155 Va. 367, 154 S. E. 579, A.L.R. 604. (11 Am.Jur. § 329)
"The license charge imposed by the motor vehicle act is an excise or privilege tax, established for the purpose of revenue in order to provide a fund for roads while under the dominion of the state authorities, it is not a tax imposed as a rental charge or a toll charge for the use of the highways owned and controlled by the state." - PG&E v. State Treasurer, 168 Cal 420.
To them may be added the case of W. W. Cargill Co. v. Minnesota, 180 U.S. 452, 468, where it was held that "the acceptance of a license, in whatever form, will not impose upon the licensee an obligation to respect or to comply with any provisions of the statute . . . that are repugnant to the Constitution of the United States.", Power Manufacturing Company v. Saunders, 274 U.S. 490 (1927).
California: CAR - DMV RELATED ISSUES
New Mexico: Tom Hyland One Citizen´s Quest to Travel Free
Texas: Exposing the driver's license scam
"People who fight may lose.
People who don't fight have already lost." ---Bertolt Brecht
> > > On the road a PowerPoint presentation < < <
The Mythological
Motor Vehicle
Driver
– a Table of Authorities
U.S. Code : Title 18 : Section 31
- (a) Definitions. - In this chapter, the following definitions apply:
- (6) Motor vehicle. - The term "motor vehicle" means every description of carriage or other contrivance propelled or drawn by mechanical power and used for commercial purposes on the highways in the transportation of passengers, passengers and property, or property or cargo.
- (10) Used for commercial purposes. - The term "used for commercial purposes" means the carriage of persons or property for any fare, fee, rate, charge or other consideration, or directly or indirectly in connection with any business, or other undertaking intended for profit.
Instructions for using
DOT 150
DOT 150: memorandum in
support
MOTOR CARRIER
CFR / US
CODE SUMMARY
FMSCA rules
Police Training on
Traffic Stops
What kind of training did this officer receive? (watch & learn)
National Motorists Association Blog
Use This Card To Stand Up For Your Rights At Roadblocks
5 Things You Need To Know About Roadblocks
Acts of War - Part 1 Article by Ed Lewis
Electronic citations speed up ticketing process for police
Senator Wayne Stump
Letter (best copy available)
Hari Heath: The Sword of Commerce
DEFENDING YOUR RIGHT TO TRAVEL
Read, learn and act
accordingly:
Texas Municipal Courts Education Center (TMCEC) Bench Book, CHAPTER 1
MAGISTERIAL
DUTIES
COMMON LAW VEHICULAR JUDICIAL NOTICE - CONSTITUTIONAL DRIVER LICENSE
If you´ve
relied on prior decisions...
Click here for noteable court cites
Walking through border
posts, airports and public places?
Department of Homeland Security´s
´Pre-crime´ detector shows promise.
Price overruns for nuke detectors likely to be in the billions,
says GAO
confidence = NO negotiation
Commercial Driver License Handbook - Texas
(Notice the "Prologue")
See also, Texas
Department of Public Safety
American Association of Motor Vehicle Administrators
| WORDS TO USE |
WORDS NOT TO USE (Indicate commercial activity) |
| Car, conveyance, machinery, road machine | vehicle, motor vehicle |
| personal use recreational vehicle | vehicle, motor vehicle |
| Guests, friends, family | passengers |
| Traveling, journeying | driving, operating |
| Traveling, journeying, moving | transportation |
| Public Right of Way | road / street |
| Abode, living, housekeeping | Residence / Resident |
| Domicile | Residence |
| Inhabitant, Non-Resident | Resident |
| Non-Domestic | Resident / Domestic |
| Non-Commerical | Commercial, "this state" |
| - good - | - not good - |
| autonomy | Sovereignty |
| Me, I do not consent. | OK / OKay / yes |
| Me, I do not understand. | |
| Private Property | |
| No Trespass | |
| Me, I am capable of making an informed decision. | |
| * * * List not meant to be exhaustive. Suggestions & additions welcomed. * * * | |
"Nothing in all the world is more dangerous than sincere ignorance or
conscientious stupidity."
--Martin Luther King, Jr.
"The ultimate ignorance is the rejection of something you know nothing about
and refuse to investigate."
--Dr. Wayne Dyer
"If the blind lead the blind, both shall fall into the ditch." --Molly Ivins
"We are all born ignorant, but one must work hard to remain stupid." -Benjamin Franklin
"Each progressive spirit is opposed by a thousand mediocre minds
appointed to guard the past."
--Maurice Maeterlinck
"Me, if I am here at all my presence is special as I am here as result of a force bill of pain and penalty against my Life, Liberty, pursuit of happiness and my well-being; and as I am aware of [the following]:
"No sanction can be imposed absent proof of jurisdiction."
Stanard v. Olesen, 74 S. Ct. 768
"Once challenged, jurisdiction cannot be 'assumed', it
must be proved to exist!"
Stuck v. Medical Examiners, 94 Ca2d 751, 211
P.2s 389
"Jurisdiction once challenged cannot be assumed and must
be decided."
Maine v. Thiboutot, 100 S.Ct. 2502
"Where jurisdiction is challenged, it must be proven."
Hagans v. Lavine, 415 U.S. 528 at 533
I am calling into question the application of the {particular code} over myself and my property."
Petition to be informed of the nature and cause of the accusation
He who imposes the terms of the battle - imposes the terms of the peace.
Right to Carry Handgun in Vehicle While Traveling
More Gun Control Isn´t The Answer
Gun Control Doesn´t Work, Editor´s Commentary
Rising Gun Ownership Has Helped Cut Murder Rates for Americans Over 25, New Study Says
email on gun control < < <
Handicap: Your opponent has a handicap IF he cannot control himself.
Right to
Travel earns Recognition
Traffic Tickets Punish
While Richly Rewarding the State
Speeding
tickets: a form of tyranny?
The ´Civil´ Traffic Ticket – “It ain´t no crime” …at least that´s what the state claims!
COMMENTS FROM THE PROFESSOR ON TRAFFIC CITATIONS
How To Beat A Speeding Ticket Advice offered here is that of attorney Norman G. Fernandez
Just Say ´No´ to Police Searches | FlexYourRights.org
Discover the
Fourth Amendement
The Fourth Amendment "is not an adjunct* to the ascertainment of truth." The guarantees of the Fourth Amendment stand "as a protection of quite different constitutional values "values reflecting the concern of our society for the right of each individual to be let alone. To recognize this is no more than to accord those values undiluted respect." Tehan v. United States ex rel. Shott, 382 U. S. 406, 416. Schneckloth v. Bustamonte, 412 US 218, 242 (1973).
*Adjunct: added or connected in a secondary or subordinate position; auxiliary - one may interpret this to mean that one does have a right not to tell the government everything; in fact, a right to hide stuff from them! (Not Legal Advice.)
They do not want you to know this! (This is in a majority decision!)
Not awake yet? Perhaps this might help you.
excerpts from
UNITED STATES v. SALINAS
excerpts from
Brown v. Texas
April 2009: High Court limits
vehicle
searches
National Motorists Association Blog
You Have The Right To Remain Silent -- But Only If You Say So
Opposed to the use of
roadblocks? Visit roadblock.org
(Hint - operators of roadblocks are not your friends.)
“The temporary detention of individuals during an automobile stop by the police, even if only for a brief period, constitutes a seizure within the meaning of the Fourth Amendment. Therefore, an automobile stop is subject to the Constitutional requirement that the seizure not be ´unreasonable´ under the circumstances.” Litzenberger v. Vanim, No. 01-5454, 2002 U.S. Dist. LEXIS 13843 (E.D. Pa. July 31, 2002) (citing Whren v. U.S., 517 U.S. 806, 809-10 (1996)"Gee Officer, what is your articulate-able reason for stopping me?"
When Official Truth Collides With Cheap Digital Technology
PoliceCrimes.com
Know Your Rights When Dealing With Police Officers
How To Deal With Police Officers
VIDEO: How not to pull over for a...
What Not To Say To The Nice Police Office
How To Deal With Police Officers - Magic Words?
Don't want to take time
to learn this stuff? May we offer you this:
Man Wrongly Convicted of
Runaway´s Murder Will
Sue Milwaukee Police
VIDEO: Citizen´s Guide to Surviving Police Encounters
Awareness of this may be helpful
"
(3) That an acceptance of a license, in whatever form, will not require the licensee to respect or to comply with any provisions of the statute or with any regulations prescribed by the state
. . . that are repugnant to the Constitution of the United States." W. W. CARGILL CO. V. MINNESOTA, 180 U. S. 452 (1901)
"Me, I am unable to make a legal determination, I am going
to remain silent.
I am capable of making informed decisions. I want assistance
of counsel."
VIDEO: Professor
James Duane from
Regent Law School explains
why
innocent people should never talk to the police.
"Don´t Talk to the Police" by Professor James Duane
VIDEO: George
Bruch from the
Virginia Beach police department responds to Professor James Duane´s
presentation on why innocent people should never talk to the police.
"Don´t Talk to the Police" by Officer George Bruch
[See what
one may be up against
CaseCracker Interview Management System]
VIDEO: PBS
- FRONTLINE - CRIMINAL JUSTICE
How could four men confess to a brutal
crime that they didn't commit?
IF YOU BELIEVE THIS COULD NEVER HAPPEN
TO YOU
...then go ahead and ´talk´ with the police...
The Confessions
" Me, I am (will be) happy to talk about what I may be aware
of...
with immunity!"
Backgrounder
Generally a city´s charter
makes a mention that that all ordinances much be in compliance with state
law.
Reading a city´s charter - look carefully for the word "power."
Only ´certain powers´ are conveyed to cities and most of the powers deal
with issues of health and safety.
Look to find the power of police in
the city charter. Chances are that here is none.
Austin, Texas for example:
the
Austin City Charter says that there is a police department which is
an office under the mayor and city council. (See
here)
There
is no provision for police officers in the city charter. The City of Austin
Police Department contracts privately with the mayor and city council via
the city manager.
Yes, to say it in other words, they appear to be nothing
more than private security guards.
Harmed or damaged by police action?
Consider a law suit against the city.
Better yet -- get to know who you
are and act accordingly.
Right to Remain Silent
When Stopped by Police
Brown v. Texas, 443 U.S. 47, 1979
Syllabus
Full Text
Read - Study - Learn: Miranda v. Arizona
Officer, you´ve got the wrong person [false arrest]
Original story
(interesting comments)
Know Your Rights:
What To Do If You're Stopped By Police, Immigration Agents or the FBI
article
ALCU Bust Card
CIA Human Resource Exploitation Manual
A Legal Guide To Survival In Post 911 America Know Your Rights
"The temporary detention of individuals during an automobile stop by the police, even if only for a brief period, constitutes a seizure within the meaning of the Fourth Amendment. Therefore, an automobile stop is subject to the Constitutional requirement that the seizure not be ´unreasonable´ under the circumstances." Litzenberger v. Vanim, No. 01-5454, 2002 U.S. Dist. LEXIS 13843 (E.D. Pa. July 31, 2002) (citing Whren v. U.S., 517 U.S. 806, 809-10 (1996)
The use of excessive force can be an unlawful "seizure" under the Fourth Amendment. Graham v. Connor, 490 U.S. 386, 395 (1989); Carswell v. Borough of Homestead, 381 F.3d 235, 240 (3d Cir. 2004). In deciding whether challenged conduct constitutes excessive force, a court must determine the objective "reasonableness" of the challenged conduct, considering "the severity of the crime at issue, whether the suspect poses an immediate threat to the safety of the officer or others, and whether he is actively resisting arrest or attempting to evade arrest by flight." Graham, 490 U.S. at 396.
PUBLIC SERVANT QUESTIONNAIRE
When you look around the web, you´ll find a public servant questionnaire, but not like this one. Its been converted to a single page so you can get a multi-part NCR form made up at FedExOffice, Staples, Office Depot, etc.. Keep some by the door to your house and in your glove compartment to give to [any] law enforcement officers who want to ask you questions. Before answering theirs, make them answer yours. You´ll find supporting law in 5 U.S.C. 552a
Do
you understand?
"When plunder has become a way of life for a group of men living together in society, they create for themselves in the course of time a legal system that authorizes it and a moral code that glorifies it." - Frederic Bastiat (1801-1850)
Escape: There´s always an excape.
Someone say, "REAL ID"?
Department of Homeland
Security | Preserving our Freedoms, Protecting America
REAL ID Final Rule: Questions & Answers
Recognizing states that need more time
A Primer on
REAL ID
Another Primer on
REAL ID
...and yet another primer on
REAL
ID
Three Years Later: ...and yet another primer on
REAL ID
VIDEO: What May Be Ahead
Today we´re all prisoners in the USA
How to Create the Perfect
Fake Identity
Police Put Activists'
Names On Terror Lists
United States Patent Number 5,629,678: Apparatus for
tracking and recovering
humans
New York Offers Drivers License with RFID Tag
Chips in official IDs raise privacy fears
Hitachi develops RFID powder / (See, Hitachi)
Ex-IBM
Employee reveals TV Abandoned Analog Band to
Make Room for RFID Chips
An introduction to New Technologies (Part
I)
International Driving Permit Information
Package Freedom School is not affilated with PATA.)
Well here is some Real ID information.
various documents concerning REAL ID Act
Voter ID Battle Shifts to Proof of Citizenship
WASHINGTON LAW AT RCW 46.61.021
Clarity Sought on
Electronics Searches
Travelers' Laptops May Be
Detained At border No Suspicion Required Under
DHS Policies
Groups to warn panel about economic effect of seizing laptops
FISA and border Searches of Laptops
EU lawmakers criticize virtual
strip search
Pastor beaten, Tasered for
defending his rights
New bill would tighten rules for DHS
border laptop searches
U.S. Lacks Gov't Agency To Stop ID Thefts
Fraud-prevention pitchman
becomes ID theft victim
Paul Stephens, director of policy and advocacy
with the Privacy
Rights Clearinghouse, "There is no company that can guarantee they can
protect you (completely) against identity theft, absolutely nobody can do
that." [Gee, does that extend to government
as well?]
Straight Talk about Identity Theft Monitoring Services
Report:
More UCLA staff saw celebs' health records
Thieves skim credit card data at fuel pumps (Notice the last line of
the article.)
Meet A-Z:
The computer
hacker behind a cybercrime wave
UK Government Spills Personal Data of Millions
ID Theft Ring Attacked Retailers on Multiple Levels
Tech Staff Admit They'd Steal Secrets If Laid Off
Rebellion within UK government over plans for massive spy database
OPERATION: DE-FUSE / "Getting to know Big Brother"
Visit the National Motorists Association Blog
|
On the street dialog... The cop pulled
me over, when he approached me and said: "What is your name" Again he stated "What is your name" to which I again responded, "That is incorrect, what is not my name." Again he stated
"What is your name" to which I responded "I just told you what
is NOT my name." He then asked "who are you" and again I had to direct him and inform him that it wasn't who but "what" am I." "Okay, what are
you" to which I informed him [that] "I am a living breathing man
on the soil, A child of my creator, the creator of all things in
Heaven and on Earth, just who might you be?" He who has the most confidence controls the event, the people or the situation. (Think about it.) |
Handicap: You opponent has a handicap IF he cannot control himself.
Did someone say, "quotas"?
Here are four memos that
seem to add substance to rumors.
These four memos were topic of KXAN
Austin, Texas, TV news story, January 16, 2008.
Texas DPS
Memos Outline Trooper
Arrest Quota
Texas DPS Memo: Criminal
Traffic Enforcement
Texas DPS Memo: Coaching
And Training Session
Texas DPS Response No.
1
Texas DPS Response No. 2
More on Texas DPS
Did someone say, "Mobile Revenue Generator"?
Cruiser-Top Cameras
Make Police Work a Snap
(The article doesn't mention what happens
to the data on legal plates. Suppose the DHS decides it wants a permanent
archive of who was where, when?)
VIDEO: Police License Plate Scanner
VIDEO: Loover
VIDEO: How Any Idiot Can Beat a RADAR Speeding Ticket
VIDEO: TEXAS, U.S.A. Some Texas law enforcement appear corrupt, and this CNN video proves it
Texas city Police Chief and mayor battle over officer
read here
Claim: Motorists
in most U.S. states can be fined for failing to slow down or change lanes
when passing parked emergency vehicles.
true
Did someone say, "Red-Light Cameras"?
(It simple. Stopping at red light or
a stop sign is not optional - IT IS THE LAW! ...and who doesn't want people
to adhere to the law?)
Cities Caught Illegally Tampering With Traffic Lights
To Increase
Revenue Of red light Cameras - follow the various links...
Dick Armey Exposes Traffic-Light Spying
Cities Removing Red-Light Cameras To Increase Traffic Ticket Revenues
Cities seek dismissal of red-light lawsuits
Orwell´s Cash Machine Out of Service in San Diego Read Here
California:
Traffic Camera Case
House Research Organization
red-light Cameras in Texas: A
Status Report
...meanwhile, in Houston,
Citizens Against
Red Light Cameras
Houston´s red-light cameras to go dark Monday
Judge Rules
Red-Light Camera Election ´Invalid´
red-light camera monkey business may be a national trend
Dallas, Texas:
Traffic
Camera Conundrum
Houston, Texas:
As
extra red-light cams went up, Houston tickets went down
Austin, Texas:
First of 9 red-light cameras set to start clicking
VIDEO
Fighting red Light Camera Tickets
Howard Griswold Conference Call concerning red Light Camera Tickets
What are the most common red-light camera case rejections?
Pay No Fine-
A User Guide to Successfully Fighting Traffic Tickets
Why Are They Installing
The Cameras?
The Intersection of Strategy and Measurement--The
Red Light Camera.
An interesting perspective on the question!
Federal Highway Administration, National Highway Traffic Safety Administration´s red Light Camera Systems Operational Guidelines
Insurance Institute for Highway Safety´s Q&As: red light cameras
Evaluation of red light camera (photo-red) enforcement
final report
National Motorists Association´s (NMA) Objections To Photo Enforcement
How’s My Driving? A Q&A With the Author of Traffic
DIALOG:
Consider that
a ticket from a red light camera may be disposable because
you did not
sign a promise to appear.
(See Opinion
No. JC-0317 below.)
Can one dispute a red
light ticket? "I want the camera brought in to court so that I can question
it. Thank you big brother."
Bring the matter to trial, jury - (´the whole
nine yards´) -- and then tell them that there is a failure to lay proper
predicate and that you want the matter dismissed.
Traffic camera photos
are hearsay and inadmissible absent other "foundational" evidence - see,
California Appeals
case ruling
Did someone say, "Toll Roads"?
Hacking electronic-toll systems
Texas DPS requests AG opinion on
driver license
checkpoints
read and consider
signing the petition against checkpoints
UPDATE: DPS withdraws plan
to set up
license checkpoints
A player distracted is a player defeated.
Did someone say, "registration"?
...concerning Texas registration
State Vehicle Codes Summary
NO Law requires you to record / pledge your private automobile
"The law requires PROOF OF JURISDICTION to appear on the Record of the administrative agency and all administrative proceedings." Hagans v. Lavine, 415 U.S. 533
Kingdom of Heaven Traveling Licenses
Someone
say, "
insurance"
Did someone say, "Airline travel"?
Texas woman: TSA forced nipple ring removal...
TSA to let polite terrorists fly without ID
in the 9th Circuit
Case of John Gilmore, you are allowed to fly without showing ID;
story
The Great No-ID Airport Challenge
How to Fly Without ID and Skip Lines
letter from the Transportation Security Administration (TSA)
written to Senator John Warner,
concerning flying, don't leave home without it.
DIALOG: FAA Flyer stating no ID required
VIDEO: TV News station sends an undercover producer to KCI Airport to put security screening to the test.
Airports crack down on identification regulations
Congressman still faces airport screening problem
screening problem
Government´s terrorist
watch list aiding fight
Missing SFO laptop found--where it went missing
Mark Nestmann: Canadian Customs Wants Your Laptop, Too
Fliers without ID
placed on TSA list.
2009 (underwear bomber):
Flight 253 passenger Kurt Haskell: '
I was visited by the FBI'
what
´they´ want...(A) /
what ´they´ want...(B)
Get Naked to
Defeat Terrorists
Inverted Body Scanner Image Shows Naked
Body In Full Living color
Exposed: Naked Body Scanner Images Of Film
Star Printed,
Circulated By Airport Staff
For more
about body scaning see,
Information For People Who Travel By Air
ScanWOW from NWO Solutions
New Year´s Resolutions /
Total Body Security Scan
Christmas In January /
Naked Airport Security
solution
Jason Stanford: What´s the point of
treating us all like terrorists?
Infowars Archive: Control Grid Implementation of Body Scanners
Scholars say security machines violate rules of modesty Airport body scans defy Islamic law
Mary Starrett: KEEP AMERICA SAFE - GET NAKED
TSA Incident Proves Authorities Are Engaged In Monumental Body Scanner Cover-Up
Did someone say Police impersonators?
In Texas “Peace officer” means a person elected, employed, or appointed as a peace officer under Article 2.12, Code of Criminal Procedure, Section 51.212 ~ 51.214, Education Code, or other law.
OK, then whoever is pretending to be a “Peace officer” should have no difficulty in producing competent evidence of election, employment or appointment - yes?
And that election, employment or appointment possibly has conditions - yes?
And is the actor complying with, operating within all the conditions? (For more see DIALOG below.)
And does one not have a right and a duty to ascertain just who it is that they are dealing with?
YES, one does have the right and duty!
(See the PUBLIC SERVANT QUESTIONNAIRE below.)
Police and
other impersonators
Police
impersonators preying with ease
Motorists
warned of police impersonators
Impostors
raise real concerns for police
Police
impersonator charged after arrest by real people
Police
impersonators, miscellaneous stories
8 NYC police impersonators accused of torturing, robbing drug dealers
Chicago: Teen cop impersonator drove squad car, worked full shift
Police impersonators:
try this link
KXAN version
of story notice last line -
(Oh really?)
Drug Arrests Were Real;
the Badge Was Fake
Yes, there are other offices imitated, see this, Fake Priest Infiltrates St. Peter's
Car pulling you over --
is that a real cop?
Remember that any one can fake most any thing -- caveat emptor!
you ask the police officer...
Public
officers are merely the agents...
by what
supposed...
all tyranny
needs...
Whatever the
form in which the government functions...
I, me,
have authority to question authority
See the public servant questionnaire
Ticket Assassin: Guide to Traffic Stops
Manual on Uniform Traffic Control Devices
The one rule - put your opponent down.
NEVER
challenge
an officer´s authority on the street -- wait for court.
|
All warfare is based on deception.
|
Officer must identify himself and show you ID if you request it.
Also, officer cannot swear an oath in his own mind he has to swear
to the complaint in front of a proper party to attest to the swearing,
i.e. signing a ticket and giving it to you on the street doesn't
get it anymore. City of Cedar Rapids, Iowa vs. Atsinger, 617 NW 2d 272, 9-7-2000. (Iowa Supreme Court) (See the public servant questionnaire) [3] The fact the restraint on Ms. Spicer´s liberty was minimal does not make the restraint a reasonable one. The Fourth Amendment applies to all seizures of the person including those consuming no more than a minute. (United States v. Brignoni-Ponce, supra, 422 U.S. at pp. 879-880 [45 L.Ed.2d at pp. 615-616].) |
Hold out baits to entice the enemy. Feign disorder, and crush him.
Did someone say, "I want to fight the ticket"?
VIDEO: How to beat a ticket!
VIDEO: James Hardin - Traffic Court
VIDEO:
Fight Traffic Tickets and more featuring Carl Miller,
(A transcript
of this video would be a fine contribution.)
Constitutional Law
Adjunct to
Carl Miller´s presentation
click here
"Jurisdiction is essential to give validity to the determinations
of administrative agencies and
where jurisdictional requirements are
not satisfied, the action of the agency is a nullity..."
City Street
Improv. Co. v. Pearson, 181 C 640, 185 P. 962
O'Neill v. Dept. of Professional
& Vocational Standards, 7 CA2d 393, 46 P.2d 234.
When whoever stops you
asks, "Do you know why I stopped you?" ...consider saying, "No, I don't."
Giving a response like, "I was over the speed limit" or "I was weaving"
- even if just a guess
...not only can be an admission of a violation
(and maybe not the one you were stopped for)
but an indication of KNOWING
the violation - which only makes it worse.
VIDEO: How To Act If You're Stopped By the Police
Don't even consider driving while impaired!
Don't even consider attempting to control your road machine while impaired!
Remember that friends don't let friends drive drunkFor those who get this far:
The instant a citation, or warning, is issued, the motorist is free to leave!
TIP: Don't hang around and answer the usual drug interdiction questions, i.e.; "Are you carrying anything illegal?" If you have received a verbal warning or have your citation in hand and an officer continues questioning, reply with, "Gee, I thought I was free to leave and if I'm not then what are you holding me for?" The officer must explain why he is detaining you since he has already dealt with the alleged traffic violation. If there are no more violations, or [articulated] probable cause, he must let you go! This method stops you from having to go through the, "...can I search your car" process.
Brian Tracy: "Most people achieved their greatest success one step beyond what looked like their greatest failure."
A positive mental outlook and attitude is paramount, because if you think you can’t, then you can’t.
But, just because you think you can doesn't mean that you can if you don't acquire the awareness, skill and knowledge to succeed.
"Am I under arrest?"
"Am I free to go?" ("I´m going to remain silent.")
"If I am not free to go then I must be under arrest.
I do not consent. Do you have a warrant with my name on it?
What is your
show of authority?"
"What is your probable / articulate-able cause for
placing me under a warrant-less arrest? I do not consent."
If asked for
ID, proof of insurance, or any other thing - ask,
"Gee, are you going
to use this information in a criminal investigation?"
(Question: Do police
ever get involved with a civil matter?)
Because, if it is to be used
in any manner of [criminal] investigation then you are going to exercise
your rights
especially the Fifth Amendment right to remain silent and
not to be a witness against one´s self.
(If you haven't seen it already, see James
Duane´s presentation above.)
Know your rights and be awake when dealing with police officers.
As a lobbyist against liberty a Police Officer´s worst enemy is a well informed Citizen who knows their rights!
Whatever you say - speak to the microphone.
Demand to know if the stop is a custodial
interrogation as this demands the assistance of a lawyer,
see
EDWARDS v. ARIZONA, 451 U. S. 477 (1981)
VIDEO: Traffic Court Top 5 List
If your enemy is secure at all points, be prepared for him.
If he is in superior strength, AVOID him.
| Knowles v. Iowa, 525 U.S. 113 (1998)--cannot search car in routine traffic stop! |
|---|
| SUPREME COURT OF THE UNITED STATES KNOWLES v. IOWA,/b> CERTIORARI TO THE SUPREME COURT OF IOWA, No. 97—7597. Argued November 3, 1998 – Decided December 8, 1998 |
| An Iowa policeman stopped petitioner Knowles for
speeding and issued him a citation rather than arresting him. The
officer then conducted a full search of the car, without either
Knowles' consent or probable cause, found marijuana and a "pot pipe,"
and arrested Knowles. Before his trial on state drug charges, Knowles
moved to suppress the evidence, arguing that because he had not
been arrested, the search could not be sustained under the "search
incident to arrest" exception recognized in United States v. Robinson,
414 U.S. 218. The trial court denied the motion and found Knowles
guilty, based on state law giving officers authority to conduct
a full-blown search of an automobile and driver where they issue
a citation instead of making a custodial arrest. In affirming, the
State Supreme Court applied its bright-line "search incident to
citation" exception to the
Fourth Amendment's warrant requirement, reasoning that so long
as the officer had probable cause to make a custodial arrest, there
need not in fact have been an arrest.
Held: The search at issue, authorized as it was by state law, nonetheless violates the Fourth Amendment. Neither of the two historical exceptions for the "search incident to arrest" exception, see Robinson, supra, at 234, is sufficient to justify the search in the present case. First, the threat to officer safety from issuing a traffic citation is a good deal less than in the case of a custodial arrest. While concern for safety during a routine traffic stop may justify the "minimal" additional intrusion of ordering a driver and passengers out of the car, it does not by itself justify the often considerably greater intrusion attending a full field-type search. Even without the search authority Iowa urges, officers have other, independent bases to search for weapons and protect themselves from danger. Second, the need to discover and preserve evidence does not exist in a traffic stop, for once Knowles was stopped for speeding and issued a citation, all evidence necessary to prosecute that offense had been obtained. Iowa's argument that a "search incident to citation" is justified because a suspect may try to hide evidence of his identity or of other crimes is unpersuasive. An officer may arrest a driver if he is not satisfied with the identification furnished, and the possibility that an officer would stumble onto evidence of an unrelated offense seems remote. Pp. 3—6. 569 N. W. 2d 601, reversed and remanded. Rehnquist, C. J., delivered the opinion for a unanimous Court. |
State v. Gibbons, 248 App. 859 (547 S.E.2d 679) (2001). The officer, who acting alone had stopped the driver for a seat belt violation, made no attempt to investigate the seat belt violation but rather launched into an extensive series of unrelated questions that eventually led to the discovery of illegal drugs on the driver's person. Only later did he write the seat belt citation. We upheld the suppression of the drugs, emphasizing in Presiding Judge Pope's special concurrence (joined in by six other judges and quoting from Sims extensively) the trial court's finding that " '[r]ather than ticket [the driver] or release him, the officer decided to conduct a drug investigation.' It is this continued detention that makes the questioning and request to search without reasonable suspicion of criminal activity impermissible." See also Illinois v. Caballes, 543 U.S. 405 (2005) |
| The Supreme Court has ruled that as long as the
police do not force an individual to do something, the individual
is acting voluntarily, even if a normal person would feel very intimidated
and would not reasonably feel they could say no. See
Florida v. Bostick, (89-1717), 501 U.S. 429 (1991) If you do
what a policeman tells you to do before you are arrested, you are
'voluntarily' complying with their 'requests'. Be as nice as possible, but stand firm on your rights! Read this about the Fourth & Fifth Amendments. |
|
Never
consent to a search. Don't resist, be respectful, but
do
not consent. One has no idea as to what the cops are
looking for, or
how
they will interpret what they find. Most important, whatever errors
the police may have made in stopping you, or in the warrant, or
in the subsequent search are irrelevant if one consents! (If you haven't seen it already, see Professor James Duane's presentation above.) |
Just Say 'No' to Police Searches | FlexYourRights.org |
|
Remember, they wouldn't be asking you if they didn't need your permission! |
|
"Gee, is your request to search my car constitutionally based?"
VIDEO: All SEIZURES of PROPERTY is an IN REM action period. Luis Ewing Brendlin v California: Expansion of Fourth Amendment Standing or the End of a Legal Fiction?
|
Peace proposals unaccompanied by a sworn covenant indicate a plot.
To sign or not to sign a ticket -- Texas
Attorney General´s opinion items for consideration:
Opinion No. JC-0317
Re: Whether the addition of certain protest words
to a traffic citation constitutes a valid promise to appear in court.
Opinion No. JC-0153
Re: Effect of certain protest words written beneath
a person´s signature on a state document.
"Gee, is this ticket constitutionally valid?"
"Gee, this ticket doesn't seem to have a
[valid] statute number
showing on it."
The following cases substantiate that it is a fact of
law that the person asserting jurisdiction must,
when challenged, PROVE
that jurisdiction exists:
McNutt v. G.M., 56 S. Ct. 789, 80 L.Ed. 1135
Griffin v. Mattews, 310 Supp. 341, 423, F.2d 272
Basso v. U.P.L., 495
F.2d 906
Thomson v. Gaskiel, 62 S.Ct. 673, 83 L.Ed. 111
Albrect
v. U.S., 273 U.S. 1
"Gee, is this ticket appears to lack a competent fact witness."
Did someone say, "I want to fight the ticket"
- in court?
(Remember that to
fight, to argue, is to enter into 'their' jurisdiction and lose. Consider
a conditional acceptance.)
Marc Stevens -
Beating Civil Traffic Tickets
California Traffic Case:
Memorandum
in Support
Charles Sprinkler's motion
VIDEO: The Court of Public Relations
Questions for Police Officer in traffic court:
[You] "Thank you Officer {Jones} for being here today. You are properly sworn in?
[Yes] OK, please tell this court, did you file a valid cause of action against
me?"
[Officer] "Yes."
[You] "OK, please tell this court just how many
elements are in a valid cause of action."
You may hear, from prosecutor,
something like, "Objection, calls for a legal conclusion, witness is not
competent to testify."
Then you may, from judge, hear something like,
"Objection sustained."
Then you say, "OK, then I move to strike the witness´s
testimony." [testimony includes the ticket] "...and I move this matter dismissed."
[You] Smile ;)]
(Of course this entails the officer actually showing
up (the prosecutor may try bluffing you on this, [you] just want to go on
and have 'your day in court') -- if he or she doesn't - well they don't
have a case then do they? {You} Smile ;) and say, "I want this matter dismissed."
Questions for Police Officer in traffic court:
[You] "In order to be a policeman you had to swear an oath to support both
State and Federal Constitutions didn’t you?"
[Officer answer] "Yes."
[You] "On the day and time you approach me you were armed were you not?"
[Officer answer] "Yes."
[You] "Having sworn an oath to the constitution
you attacked me by force of arms in an attempt to compel me to be a witness
against myself in felony breach of your fiduciary duty pursuant to the oath
you sworn."
[Officer answer] "Yes."
[You] "I move to dismiss because
the officer just impeached himself under oath."
DIALOG: In all
matters - request [...if need be, demand] that
competent
evidence of the Plaintiff´s claim be entered as evidence.
VIDEO: Impeach a witness
DIALOG:
...next
time you get a 'traffic ticket'; ask the court, and the policeman (on the
stand), what makes them think your automobile is a 'motor vehicle'? Ask
them, since you received a 'traffic ticket', just what goods were you 'trafficing'
in? And since the fine is to be paid in so many 'dollars', ask them what
a "dollar" is.
Watch them look at you like you are insane.
Speak clearly
and loudly, tell them that you are competent to make an informed decision
and that you are not able to understand the nature and cause of the charges
unless, and until, they explain their semantics. Remember, in law or life,
it is not wise to go passed an undefined word or phrase.
Presumption
F.Y.I.:
Believe it or not, everybody´s case is pretty much the same.
The "System"
(b)leeds you to believe you are some kind of "special case."
The absurd
accusations they have brought against you are NOT a "mistake."
It is
a SCAM to keep you dizzy with and in fear.
Its NOT about "misunderstanding"
you -- THEY ARE DOING IT DELIBERATELY!
Remember: Its their 'system' -
not yours.
FOLKLORE? A man who, appeared on a criminal charge. The judge asked him if his name was "John Doe"
He replied; "My mother told me that was my name."
This statement then cannot be used to certify the identity of the defendant, as it is hearsay.
The judge looked at him a little funny, and asked, "How do you plead?"
To which the man replied,
"Judge, I'm ready to plead but first I want to know who is going to certify the charges to the court?"
That is all he said, and after the judge haggled with the clueless prosecutor a while, he cut him loose. Probably because they could not certify his identity, as he declined to testify as to his identity.
Consider being a Belligerent Claimant!
Gerry Spence HOW TO ARGUE AND
WIN EVERY TIME
The purpose of fighting is to win. There is no possible victory in defense, a/k/a: waiting for attack.
The sword is more important than the shield, and skill is more important than either. The final weapon is the brain. All else is supplemental.
Leaving it up to the discretion of the police to decide who is
suspicious? The courts have ruled that is unconstitutional, because it
allows the preferences and prejudices of an individual to make the
decision.
Are we ruled
by law or by men? "Gee, Officer, what was your articulate-able reason
for stopping me?"
JUDGE:
"I know that is what the law says in the book, but that is not what it means.
We only use the law book as a guide. In this court I make the law."
PERSECUTED: Wow! You actually have that delegated power?
Then perhaps
you´ll have no difficulty entering proof of that power
into the record
of this matter --
and then I'll be happy to bow down and worship you.
(A transcription of any video presentation on this page would be great learning opportunity for the transcriber and a fine contribution to the page. Webmaster)
For those who may desire to drop the big one! NOTICE: This item is placed for informational purposes, Attorney Douglas Palaschak is not affiliated with Freedom School
Sets a precedent for a large dollar return for unlawful arrest and incarceration
Trezevant v. City of Tampa,
741 F.2d 336
In battle, there are not more than two methods of attack--the direct and the indirect; yet these two in combination give rise to an endless series of maneuvers.
Specialty Areas
All the powers in the universe seem to favor the person who has confidence. |
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