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.
David Myrland: "Highways are open as a matter of right to Public Vehicular Travel"
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.
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)
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
F.Y.I.: ANWR Resource Estimates
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
"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!
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
excerpts from
UNITED STATES v. SALINAS
excerpts from
Brown v. Texas
April 2009: High Court limits
vehicle searches
“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
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
"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]
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
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 Kinkos, 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
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
Social Security Surveillance Act Enters House
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"
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
Orwell's Cash Machine Out of Service in San Diego Read Here
House Research Organization
Red-light Cameras in Texas: A
Status Report
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?
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.
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 sents 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
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
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 o 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!
(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 impersonator in Austin, Texas KVUE version of story and video
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?
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
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!
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?"
"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.)
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 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 SE2d 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: How to Refuse a Police SearchVIDEO: Police search my car Part 1 / Part 2 VIDEO: Abby Newman: Unlawful search VIDEO: SHOULD POLICE BE ALLOWED TO SEARCH HOMES WITHOUT A WARRANT? 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 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.
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 - for 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.
All the powers in the universe seem to favor the person who has confidence. | ||
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