RIGHT TO TRAVEL: Pulled over by NHP in Reno, Nevada

I got pulled over by NHP while traveling on 395 in downtown Reno, Nevada yesterday. And after the recent Las Vegas shooting act I was thinking that there was no way that these cops would be cool. But everything turned out all right. I wish all cops were like these two. Sorry about the barking dogs… they don’t like uniforms or strangers. It only lasts a minute or so though. I usually use private tags from http://shop.freedomfromgovernment.org and never get pulled over but this time I had an expired state plate on the car. I didn’t give them any documents and only my ministry credential for ID and they let me drive away.

The Right to Travel is NOT a PRIVILEGE

Interesting read concerning the laws of travel for drivers in the USA, stories, information, court cases, and much much more as you will see. Some can be skipped through if you like the meat of reading, others may get more out of it then that and dive into it.
Grab some coffee, sit down and enjoy the things you may of never known about until now.

People can gather the information and have their own opinion of what is wrong and right. This information though is backed up by posted cases in real courts.

We don’t expect you to read this entire page, So just read what is interesting and useful to you. We do advise that this page has all backed up cases of information for example: It WILL PROVE to you with genuine Court vs. People type proof that driving is your RIGHT and not the Privilege like you have been trained to think. This is clearly explained by Justice Tolman a Supreme Court Justice from Spokane Washington. You will never think that driving is a privilege again among many other valuable items and that is just the start of YOUR RIGHT TO TRAVEL.
There is something here for everyone and once your grabbed by your curiosity & interest, you’ll probably read longer.

It has come to our attention from reading information on a couple Web Pages, the Freedom page or Due Process page, that the US Constitution has been avoided by the US Federal Government & the State Governments by using invisible contracts on Americans by deceit & fraud. Please READ the information posted on this page or move to an area below that best fits an experience or even a confrontation in your life. It may take some time but if you don’t finish, that’s OK. This information is probably the most important in educating yourself and before you end up paying a fine, sit in jail, Get a speeding ticket and best of all…your first line to an Officer of the law when he tries to convince you that you have to do something that is purely a violation of rights.

�The Liberty to Use the Common Ways�

WASHINGTON STATE RESIDENTS:
Before starting, Washington State residents please download and read the following case information for your state’s laws. 1986 SPOKANE v PORT case.
Washington State Travel Law including the 1986 SPOKANE v PORT case documentation.
WA travel

IN BRIEF – TABLE OF AUTHORITIES, CONSTITUTIONS

Constitution for the United States of America,
Amendment 9 16.1 Constitution of the State of Florida Article I � I, II

Const. Law, 329 and corresponding Am. Jur. [2nd] 12 Am.Jur. [1st] Const. Law, Sect.573, p.269 16 Am.Jur. (2nd), Const. Law, Sect.70 25 Am.Jur. (1st) Highways, Sect.260 25 Am.Jur. (1st) Highways, Sect.427, p.717 CASE HISTORIES Allen vs. City of Bellingham, 163 P. 18 American Mutual Liability Ins. Co., vs. Chaput, 60 A.2d 118, 120; 95 NH 200 Bacahanan vs. Wanley, 245 US 60 Barney vs. Board of Railroad Commissioners, 17 P.2d 82 Barbour vs. Connolly, 113 US 27, 31 Blair vs. Broadmore, 93 SE 532. Boon vs. Clark, 214 SSW 607 Boyd vs. United States, 116 US 616. Chicago Motor Coach vs. Chicago, 169 NE 22 City of Dayton vs. DeBrosse, 23 NE.2d 647, 650; 62 Ohio App. 232. Cohens vs. Meadow, 89 SE 876 Connolly vs. Union Sewer Pipe Co., 184 US 540 Crandall vs. Nevada, 6 Wall 35, 46 Cummins vs. Homes, 155 P. 171 Davis vs. Massachusetts, 167 US 43 Dennis vs. Moses, 52 P. 333 Ex Parte Dickey, (Dickey vs. Davis), 85 SE 781 Frost and F. Trucking Co. vs. Railroad Commission, 271 US 592 Hale v. Hinkel, 201 US 43, 74-75. Hadfield vs. Lundin, 98 Wash 657l, 168, p.516 Hurtado vs. California, 110 US 516 International Motor Transit Co. vs. Seattle, 251 P. 120 Kent vs. Dulles, 357 US 116 (1958) Lafarier vs. Grand Trunk R.R. Co., 24 A. 848 Ligare vs. Chicago, 28 NE 934 Locket vs. State, 47 Ala. 45 Mehlos vs. Milwaukee, 146 NW 882 McCulloch vs. Maryland, 4 Wheat 316 Miranda vs. Arizona, 384 US 436, 491 Miller vs. U.S., 230 F. 486, 489 Mulger vs. Kansas, 123 US 623, 661 Newbill vs. Union Indemnity Co., 60 SE.2d 658. Northern Pacific R.R. Co. vs. Schoenfeldt, 213 P. 26. O’Neil vs. Providence Amusement Co., 108 A. 887. Packard vs. Banton, 44 S.Ct. 256 Panhandle Eastern Pipeline Co. vs. State Highway Commission, 294 US 613 Parlett Cooperative vs. Tidewater Lines, 164 A. 313 Parks vs. State, 64 NE 682 People vs. Henderson, 218 NW.2d 2, 4 People vs. Smith, 108 Am.St.Rep. 715 Railroad commission vs. Inter-City Forwarding Co., 57 SW.2d 290 Riley vs. Carter, 79 ALR 1018 Riley vs. Laeson, 142 So. 619 Robertson vs. Department of Public Works, 180 Wash 133, 147 Rosenblatt vs. California State Board of Pharmacy, 158 P.2d 199, 203 Slote vs. Examination, 112 ALR 660 Snerer vs. Cullen, 481 F. 946 State vs. City of Spokane, 186 P. 864. State vs. Jackson, 60 Wisc.2d 700; 211 NW.2d 480, 487 State vs. Johnson, 243 P. 1073 State vs. Strasburg, 110 P. 1020 Stephenson vs. Rinford, 287 US 251; Pachard vs Banton, 264 US 140 Simon vs. Craft, 182 US 427 Simons vs. United States, 390 US 389 Ex Parte Sterling, 53 SW.2d 294 Teche Lines vs. Danforth, Miss., 12 S.2d 784 Tiche vs. Osborne, 131 A. 60. Thompson vs. Smith, 154 SE 579 Washington A.G.O. 59-60 No. 88, p. 11 Watson vs. Memphis, 375 US 526 Western Electric Co. vs. Pacent Reproducer Corp., 42 F.2d 116, 118. Willis vs. Buck, 263 P.l 982. Yick Wo vs. Hopkins, 118 US 356. LAW DICTIONARIES Bergh Business Law 25.1, 55.1.4, 61, 63 Bouvier’s Law Dictionary 5.1, 9.3, 9.4, 9.5, 14.1, 25.3, 27, 28, 29.1, 71.1, 88, 92.1, 93 Century Dictionary, p.2034. Woodward Quasi Contracts 9 72 Black’s Law Dictionary, 5th ed. ENGLISH LANGUAGE DICTIONARIES Webster Unabridged Dictionary 9.1

The “most sacred of liberties” of which Justice Tolman spoke was personal liberty. The definition of personal liberty is:

“Personal liberty, or the Right to enjoyment of life and liberty, is one of the fundamental or natural Rights, which has been protected by its inclusion as a guarantee in the various constitutions, which is not derived from, or dependent on, the U.S. Constitution, which may not be submitted to a vote and may not depend on the outcome of an election. It is one of the most sacred and valuable Rights, as sacred as the Right to private property…and is regarded as inalienable.” 16 C.J.S., Constitutional Law, Sect.202, p.987.

“Personal liberty largely consists of the Right of locomotion — to go where and when one pleases — only so far restrained as the Rights of others may make it necessary for the welfare of all other citizens. The Right of the 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 the common Right which he has under his Right to life, liberty, and the pursuit of happiness. Under this Constitutional guarantee one may, therefore, under normal conditions, travel at his inclination along the public highways or in public places, and while conducting himself in an orderly and decent manner, neither interfering with nor disturbing another’s Rights, he will be protected, not only in his person, but in his safe conduct.” [emphasis added] II Am.Jur. (1st) Constitutional Law, Sect.329, p.1135. ….and further… “Personal liberty — consists of the power of locomotion, of changing situations, of removing one’s person to whatever place one’s inclination may direct, without imprisonment or restraint unless by due process of law.” 1 Blackstone’s Commentary 134; Hare, Constitution__.777; Bovier’s Law Dictionary, 1914 ed., Black’s Law Dictionary, 5th ed.

Justice Tolman was concerned about the State prohibiting the Citizen from the “most sacred of his liberties, ” the Right of movement, the Right of moving one’s self from place to place without threat of imprisonment, the Right to use the public roads in the ordinary course of life.

When the State allows the formation of a corporation it may control its creation by establishing guidelines (statutes) for its operation (charters). Corporations who use the roads in the course of business do not use the roads in the ordinary course of life. There is a difference between a corporation and an individual. The United States Supreme Court has stated:

“…We are of the opinion that there is a clear distinction in this particular between an individual and a corporation, and that the latter has no right to refuse to submit its books and papers for examination on the suit of the State. The individual may stand upon his Constitutional Rights as a Citizen. He is entitled to carry on his private business in his own way. His power to contract is unlimited. He owes no duty to the State or to his neighbors to divulge his business, or to open his doors to investigation, so far as it may tend to incriminate him. He owes no such duty to the State, since he receives nothing there from, beyond the protection of his life, liberty, and property. His Rights are such as the law of the land long antecedent to the organization of the state, and can only be taken from him by due process of law, and in accordance with the Constitution. Among his Rights are the refusal to incriminate himself, and the immunity of himself and his property from arrest or seizure except under warrant of law. He owes nothing to the public so long as he does not trespass upon their rights.

“Upon the other hand, the corporation is a creature of the state. It is presumed to be incorporated for the benefit of the public. It receives certain special privileges and franchises, and holds them subject to the laws of the state and the limitations of its charter. Its rights to act as a corporation are only preserved to it so long as it obeys the laws of its creation. There is a reserved right in the legislature to investigate its contracts and find out whether it has exceeded its powers. It would be a strange anomaly to hold that the State, having chartered a corporation to make use of certain franchises, could not in exercise of its sovereignty inquire how those franchises had been employed, and whether they had been abused, and demand the production of corporate books and papers for that purpose.” [emphasis added] Hale vs. Hinkel, 201 US 43, 74-75.

Corporations engaged in mercantile equity fall under the purview of the State’s admiralty jurisdiction, and the public at large must be protected from their activities, as they (the corporations) are engaged in business for profit.

“…Based upon the fundamental ground that the sovereign state has the plenary control of the streets and highways in the exercise of its police power (see police power, infra.), may absolutely prohibit the use of the streets as a place for the prosecution of a private business for gain. They all recognize the fundamental distinction between the ordinary Right of the Citizen to use the streets in the usual way and the use of the streets as a place of business or a main instrumentality of business for private gain. The former is a common Right, the latter is an extraordinary use. As to the former the legislative power is confined to regulation, as to the latter it is plenary and extends even to absolute prohibition. Since the use of the streets by a common carrier in the prosecution of its business as such is not a right but a mere license of privilege.” Hadfield vs. Lundin, 98 Wash 657l, 168, p.516.

It will be necessary to review early cases and legal authority in order to reach a lawfully correct theory dealing with this Right or “privilege.” We will attempt to reach a sound conclusion as to what is a “Right to use the road” and what is a “privilege to use the road”. Once reaching this determination, we shall then apply those positions to modern case decision.

“Where rights secured by the Constitution are involved, there can be no rule making or legislation which would abrogate them.” Miranda vs. Arizona, 384 US 436, 491. …and… “The claim and exercise of a constitutional Right cannot be converted into a crime.” Miller vs. U.S., 230 F. 486, 489. …and… “There can be no sanction or penalty imposed upon one because of this exercise of constitutional Rights.” Snerer vs. Cullen, 481 F. 946.

Streets and highways are established and maintained for the purpose of travel and transportation by the public. Such travel may be for business or pleasure.

“The use of the highways for the purpose of travel and transportation is not a mere privilege, but a common and fundamental Right of which the public and the individual cannot be rightfully deprived.” [emphasis added] Chicago Motor Coach vs. Chicago, 169 NE 22; Ligare vs. Chicago, 28 NE 934; Boon vs. Clark, 214 SSW 607; 25 Am.Jur. (1st) Highways Sect.163. …and…”The Right of the Citizen to travel upon the public highways and to transport his property thereon, either by horse drawn carriage or by automobile, is not a mere privilege which a city can prohibit or permit at will, but a common Right which he has under the right to life, liberty, and the pursuit of happiness.” [emphasis added] Thompson vs. Smith, 154 SE 579.

So we can see that a Citizen has a Right to travel upon the public highways by automobile and the Citizen cannot be rightfully deprived of his Liberty. So where does the misconception that the use of the public road is always and only a privilege come from?

“…For while a Citizen has the Right to travel upon the public highways and to transport his property thereon, that Right does not extend to the use of the highways, either in whole or in part, as a place for private gain. For the latter purpose no person has a vested right to use the highways of the state, but is a privilege or a license which the legislature may grant or withhold at its discretion.” State vs. Johnson, 243 P. 1073; Hadfield, supra; Cummins vs. Homes, 155 P. 171; Packard vs. Banton, 44 S.Ct. 256; and other cases too numerous to mention.

Here the court held that a Citizen has the Right to travel upon the public highways, but that he did not have the right to conduct business upon the highways. On this point of law all authorities are unanimous.

“Heretofore the court has held, and we think correctly, that while a Citizen has the Right to travel upon the public highways and to transport his property thereon, that Right does not extend to the use of the highways, either in whole or in part, as a place of business for private gain.” Barney vs. Board of Railroad Commissioners, 17 P.2d 82; Willis vs. Buck, 263 P.l 982. and… “The right of the citizen to travel upon the highway and to transport his property thereon, in the ordinary course of life and business, differs radically and obviously from that of one who makes the highway his place of business for private gain in the running of a stagecoach or omnibus.” State vs. City of Spokane, 186 P. 864.

What is this Right of the Citizen which differs so “radically and obviously” from one who uses the highway as a place of business? Who better to enlighten us than Justice Tolman of the Supreme Court of Washington State? In State vs. City of Spokane, supra, the Court also noted a very “radical and obvious” difference, but went on to explain just what the difference is:

“The former is the usual and ordinary right of the Citizen, a common right to all, while the latter is special, unusual, and extraordinary.” and… “This distinction, elementary and fundamental in character, is recognized by all the authorities.” State vs. City of Spokane, supra.

This position does not hang precariously upon only a few cases, but has been proclaimed by an impressive array of cases ranging from the state courts to the federal courts.

“the right of the Citizen to travel upon the highway and to transport his property thereon in the ordinary course of life and business, differs radically and obviously from that of one who makes the highway his place of business and uses it for private gain in the running of a stagecoach or omnibus. The former is the usual and ordinary right of the Citizen, a right common to all, while the latter is special, unusual, and extraordinary.” Ex Parte Dickey, (Dickey vs. Davis), 85 SE 781. …and… “The right of the Citizen to travel upon the public highways and to transport his property thereon, in the ordinary course of life and business, is a common right which he has under the right to enjoy life and liberty, to acquire and possess property, and to pursue happiness and safety. It includes the right, in so doing, to use the ordinary and usual conveyances of the day, and under the existing modes of travel, includes the right to drive a horse drawn carriage or wagon thereon or to operate an automobile thereon, for the usual and ordinary purpose of life and business.” Teche Lines vs. Danforth, Miss., 12 S.2d 784; Thompson vs. Smith, supra.

There is no dissent among various authorities as to this position. (See Am.Jur. [1st] Const. Law, 329 and corresponding Am. Jur. [2nd].)

“Personal liberty — or the right to enjoyment of life and liberty — is one of the fundamental or natural rights, which has been protected by its inclusion as a guarantee in the various constitutions, which is not derived from nor dependent on the U.S. Constitution… It is one of the most sacred and valuable rights [remember the words of Justice Tolman, supra.] as sacred as the right to private property…and is regarded as inalienable.” 16 C.J.S. Const. Law, Sect.202, p.987.

As we can see, the distinction between a “Right” to use the public roads and a “privilege” to use the public roads is drawn upon the line of “using the road as a place of business” and the various state courts have held so. But what have the U.S. courts held on this point?

“First, it is well established law that the highways of the state are public property, and their primary and preferred use is for private purposes, and that their use for purposes of gain is special and extraordinary which, generally at least, the legislature may prohibit or condition as it sees fit.” Stephenson vs. Rinford, 287 US 251; Pachard vs Banton, 264 US 140, and cases cited; Frost and F. Trucking Co. vs. Railroad Commission, 271 US 592; Railroad commission vs. Inter-City Forwarding Co., 57 SW.2d 290; Parlett Cooperative vs. Tidewater Lines, 164 A. 313.

So what is a privilege to use the roads? By now it should be apparent even to the “learned” that an attempt to use the road as a place of business is a privilege. The distinction must be drawn between…

1.Travelling upon and transporting one’s property upon the public roads, which is our Right; and…

2.Using the public roads as a place of business or a main instrumentality of business, which is a privilege.

“[The roads]…are constructed and maintained at public expense, and no person therefore, can insist that he has, or may acquire, a vested right to their use in carrying on a commercial business.” Ex Parte Sterling, 53 SW.2d 294; Barney vs. Railroad Commissioners, 17 P.2d 82; Stephenson vs. Binford, supra.

“When the public highways are made the place of business the state has a right to regulate their use in the interest of safety and convenience of the public as well as the preservation of the highways.” Barney vs. Railroad Commissioners, supra.

“[The state’s] right to regulate such use is based upon the nature of the business and the use of the highways in connection therewith.” Ibid.

“We know of no inherent right in one to use the highways for commercial purposes. The highways are primarily for the use of the public, and in the interest of the public, the state may prohibit or regulate…the use of the highways for gain.” Robertson vs. Dept. of Public Works, supra.

There should be considerable authority on a subject as important a this deprivation of the liberty of the individual “using the roads in the ordinary course of life and business.” However, it should be noted that extensive research has not turned up one case or authority acknowledging the state’s power to convert the individual’s right to travel upon the public roads into a “privilege.”

“Therefore, it is concluded that the Citizen does have a “Right” to travel and transport his property upon the public highways and roads and the exercise of this Right is not a “Privilege.” ”

Learn to ask the proper questions of a government employee, and you may win!!!!

Whatever the charges are, know the answers before asking the questions, this way you can get them disqualified.

Questions :

How long were you in the academy?

Were you trained in the proper application of the law?

As an officer enforcing the vehicle code, are you not required to know and understand the meanings and proper application of such law?

Officer, do you have personal knowledge of the meaning of the term (vehicle code) as it is defined in the law you were taught to enforce?

OBJECTION (by the prosecution)

Your Honor I am attempting to lay a foundation to establish that the officer has been improperly trained, is biased, is involved in a civil conspiracy to deprive me of my property and lacks personal knowledge, and therefore is an incompetent witness as it relates to the issue before the court.

Proceed

In the academy how may hours were you trained in the proper application of the vehicle code, and were you taught that it applied to everyone without exception?

Were you taught that the Vehicle Code is a special law with general applicability and not a general law applying to everyone?

Do you have personal knowledge of the meanings of the terms DRIVE, RESIDENT, OPERATOR, DRIVER, MOTOR VEHICLE, VEHICLE. as those terms are defined and used in the state that created the vehicle code? NO?

NO? – then you are stating that you do not know the legal meanings of the laws that you are enforcing

Were you taught that the vehicle code applies to all commercial activities?

(if no) does the vehicle code apply to commercial vehicles?

(if yes) was I involved in any commercial activity at the time you stopped me.

Any time an objection is raised, you should take exception and explain to the judge that the foundation that you are laying is important to your defense.

After all the questions are asked that you feel are necessary and or you have laid the proper foundation,
then!!!!

Your Honor, I move the court to strike all testimony by this officer, as he has stated on record that he does not understand the laws that he is enforcing, and as such is biased, and is incompetent to be a witness.
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How To Beat Your Next Ticket

Beat Your Ticket
By Philip Reed Photos By Scott Jacobs

My rearview mirror exploded with blue and white lights. I glanced down at my speedometer — I was pushing 80 mph. But the cars around me were going about the same speed. Could this cop really be pulling me over?

I carefully navigated my way across six lanes of traffic. I pulled over on the shoulder and waited, my heart pounding. Moments later the motorcycle cop’s helmeted face appeared in the passenger window.

“License and registration, ” he said, raising his voice over the roar of the traffic. “What’s the problem?” I asked. “You were doing 80 in a 65-mile-an-hour zone.” He disappeared before I could argue the point.

Busted.

I sat there fuming, thinking of the money this would cost me, the increased insurance premiums or the cost and time to attend traffic school. And for what? Going 80 miles per hour on the 405 Freeway in Los Angeles where speeds routinely reach 80 and even soar into the 90s? No way was I a reckless driver, the kind you see threading the needle between a tractor-trailer truck and a school bus. Those guys deserved tickets, not me.
Still, I was–Busted.
When the cop returned I tried a few excuses on him.

Me: I was going with the flow of traffic.

Cop: You passed three cars while I was behind you.

Me: Maybe I was speeding, but I couldn’t have been going 80 — not in this little gas/electric hybrid Honda Insight.

Cop: I followed you for a half mile. If you had seen me and slowed down, I wouldn’t ticket you.

Me: I’m vulnerable in this little car and need to keep up with traffic.

Cop: You should drive slower and more carefully in a small car.

Obviously, he’d heard it all. I signed the ticket with a shaky hand and surrendered to my fate. But wait! Other drivers at Edmunds.com had received tickets and beat them. I could do the same thing. I would fight my ticket.

A few days later, I shared this story with Walt Meyer, a friend of mine who is a freelance writer and also teaches at a comedy traffic school. I told him I was going to fight my ticket.

“You’ll lose, ” he said.

“Why? I was going with the flow of traffic, ” I whined.

“Oh, so there was a road sign saying ‘Go with the flow’?”

Jeez, and I thought he was my friend.

“If you really want to try to fight your ticket, read ‘Beat the Cops’ by Alex Carroll, ” Meyer said. “But you’ll probably lose anyway.”

I ordered the book through Carroll’s Web site and read it. And for the first time since seeing those blue and white lights I felt a glimmer of hope. The book describes how the author got 16 tickets in a short time and was able to nullify 10 of them. He eventually wrote his book based on what he learned.

Even more interesting was the writer’s perspective. Unlike traffic cops, who make you feel like a serial killer for speeding, the book states that the majority of tickets are issued to generate money for government municipalities. Insurance companies benefit from traffic tickets, too, raising your rates when your driving record shows a moving violation. The National Motorists Association claims that costly radar guns are donated to police departments by some insurance carriers to encourage them to write more speeding tickets.

Finally, I was getting somewhere in this process. I called Carroll and told him the details of my traffic stop.

“A speeding ticket based on pacing is the hardest kind to beat, ” he said.

“Pacing” is when a police officer follows you and checks your speed by looking at his speedometer. Speeding tickets can also be issued based on an officer “estimating” your speed — this is nothing more than a cop watching you and guessing how fast you are going.

According to Carroll, there are three ways to beat a ticket: 1. The cop doesn’t show up for court 2. You exploit a technicality (such as a problem with the patrol car’s speedometer) 3. You have a good argument for extenuating circumstances (you are speeding to get your pregnant wife to the hospital)

This reminded me of a story a friend told me. He was driving down a canyon road when he struck a bird, which became lodged under the windshield wipers. His daughters were in the car with him and they began screaming hysterically. He sped up to dislodge the bird and, at that moment, was pulled over for speeding. When he told this bizarre story to a judge, the ticket was dismissed.

My pacing ticket didn’t fall easily into any of Carroll’s three categories. The only technical angle to exploit was to prove that my speedometer was malfunctioning. I spoke to Edmunds.com’s technical editor and he told me the speedometer might in fact be wrong. My heart jumped. “I think it’s actually a little low, ” he said.

Another tactic Carroll describes is to delay the trial to a time when the ticketing officer can’t come to court. He suggested I call the station house where my California Highway Patrol officer was based and find out when he was on vacation, or what his days off were. This could be done by calling over a number of days to find out when he was working. Then, when I extended my court date, try to schedule it for a day that he wasn’t on duty.

Other strategies might include requesting the officer’s notes written on the back of the ticket hoping there is something there which is inaccurate.

I decided to extend the date of my trial to increase the chances the officer wouldn’t appear in court. As I attempted to do this I made an alarming discovery. You can request only one postponement (called an “extension”) and it must be requested 10 days before your trial date. This is stated in very small print on the ticket, and it doesn’t really make sense. I mean, you’re more apt to have a scheduling conflict arise at the last minute rather than 10 days earlier. But this is the way the law is written so I was committed to the assigned trial date.

However, I still had one ace in the hole. If the ticketing officer did show up, and my defense was falling on deaf ears, I could quote California Vehicle Code 41501 allowing me to attend traffic school. But — and this was important — I should make a photocopy of the law because some judges weren’t familiar with it.

“If it looks like you’re going to lose, say, ‘Your honor, I see that you’re very busy here. I will cite CVC 41501 and take traffic school, ‘” Meyer told me.

With this backup plan in mind I set about creating a reasonable sounding argument. But I had to get busy. My court date was in three days. Copyright 2001 by Edmunds.com, Inc. All rights reserved.

Beat Your Next Ticket — Part II

By Philip Reed

On the day of my trial for a speeding ticket I arrived outside traffic court in West Los Angeles to find about 30 people milling around, waiting for the doors to open. At the other end of the corridor, the police officers who had issued the tickets had gathered. I noticed that these two groups didn’t mingle at all.

When the doors finally opened (45 minutes late) we all filed into the courtroom. The police officers sat on one side of the room while the ticketed motorists sat on the other.

I had prepared for my day in court in several ways: I wore a coat and tie I had read several books about presenting cases in traffic court I had drawn a diagram of the area where the traffic stop occurred I had copies of the California Vehicle Codes relevant to my case

The only thing I was lacking was a compelling argument to prove that I wasn’t speeding. I mean, I was speeding and there were no real technicalities I could exploit to contradict that. My strategy was to wait until the last possible moment, hoping the ticketing officer didn’t show up, and then, if he did make an appearance, invoke California Vehicle Code 41501 stating my right to go to traffic school.

The judge finally appeared and told us that he would be reading off our names. If we were prepared to proceed to trial, we should respond by saying, “Ready.” The judge sternly warned us that this was our last chance to opt for traffic school. If we went to trial and lost, there would be points on our license. If we took traffic school now our sins would be forgiven.

Surveying the room, the judge then said to one of his clerks, “You know, I saw a lot of officers downstairs. Let them know we’re starting now.” The clerk disappeared. This, and several other comments showed that the judge was trying to scare us into taking traffic school rather than tying up the court with a trial.

The judge then began reading our names. In several cases, the defendant answered, “Ready, ” and the police officers responded by saying, “The people are ready.” The judge set these case files to one side for trial. But in over half of the cases there was no response from the police. In other cases the police responded by saying, “Officer doesn’t remember, ” and the case was dismissed.

In one case, the judge got no response when he called the police officer’s name. He told his clerk, “Check downstairs. I know I saw the officer down there.” This case file was set to one side, and the defender slouched in his seat, muttering an obscenity. The people whose cases were dismissed usually said, “All right!” and left the courtroom with a spring in their step.

When my name was called I responded with a confident, “Ready!” The judge then called out the police officer’s name. I held my breath. He called it again. No response. The judge glanced over the case and said, “People unable to proceed. Case dismissed. Watch your speed.”

I left the courtroom feeling a load was lifted, and joined the other celebrating ex-offenders in the corridor.
As I walked back to my car, I realized that I had won in a number of ways:

The charges were dropped and my $77 fine would be returned No points would be put on my license My insurance premiums would not go up I wouldn’t have to spend the money or time on traffic school.

All of these benefits were the result of taking the time to go to traffic court.

Several days later a friend of mine had a different experience in court. So far this year my friend has beat two tickets and lost two. The two tickets he successfully challenged were for speeding based on radar and were given to him by California Highway Patrol; the two he lost were from city police departments for non-speeding moving violations. In this particular case he was ticketed for failure to come to a complete stop at a stop sign. He went to court in West Los Angeles and waited for the entire afternoon for the chance to argue his case.

My friend reported that the judge in his courtroom was like a flamboyant game show host. When he ruled in favor of the driver, he seemed to share in the excitement of the moment by boisterously proclaiming, “Looks like you won’t be going to traffic school! And we’ll even be mailing you your money back!” But when he ruled against the motorist he became sarcastic and abrupt.

The order of the events in the trials were: 1.The officer described the circumstances under which he issued the ticket 2.The judge asked the officer follow-up questions about the case 3.The defendant told his or her side of the story 4.The judge questioned the defendant and referred further questions to the officer.

In some cases, the defendant was allowed to tell his story only to discover that the officer had shot a video of the traffic stop. These cases always went against the driver.

When my friend was stopped he had asked the police officer: “Are you saying that I blew off the stop sign completely?” The officer said, “No. You just rolled through it.” But in court, the cop told a different story.

The officer described the location where he was parked and stated that he had an unobstructed view of the intersection. He then told the judge that my friend had gone through the stop sign at 15 mph. The judge then asked, “What’s the error factor in your speed estimation certification?” The officer said it was “plus or minus 3 mph.”

When it came time to issue a ruling, this judge used this fact against my friend. He said, “Assume for a minute that the officer had been having a bad day. That still means you were going at least 9 mph. Suppose he was having a really, really bad day. That still means you were going 6 miles an hour.”

My friend felt that he had learned an important lesson from this trip to court. Since the police officer presents his side of the story first, you should try to anticipate what he will say and create your strategy accordingly. Clearly, this officer had presented what he thought would be an ironclad story to refute someone trying to say that they didn’t “roll” through the intersection. If he had said that my friend had gone through the intersection at 5 mph without stopping, that 3 mph variation in his speed estimation certification would be cutting it pretty close.

This brought up another important point. Walter Meyer, a traffic school instructor and freelance writer who lives in San Diego, Calif., said that if the case hinges on your word versus the police officer, the judge will usually rule in favor of the officer. This is because police officers are perceived as experts in traffic rules. Furthermore, Meyer said, “The judge knows that he can walk out the door of the courthouse and find a dozen people breaking the traffic laws.” This leads to an attitude of “guilty until proven innocent” � at least in traffic court.

This was echoed by my friend who had some advice for anyone going to try his or her case in traffic court: “Make sure your case is based on concrete evidence and don’t rely strictly on what the officer said at the time of the traffic stop. Don’t just go in there and say, ‘I didn’t do it.'”

For example, one woman who successfully challenged her ticket convinced the judge that the stop sign she supposedly ran was resting on a concrete pylon that was too low to see. She brought photos to court to show the judge and her case was dismissed.

Although my case was dismissed, I still had one important step. Experts advise that you contact the DMV and get a copy of your driving record to make sure your dismissed case hasn’t inadvertently wound up on your license. While the clerical error is the court’s fault, you could be the one spending a night in jail.

As my friend and I discussed our experiences we agreed that there was very little reason not to go to traffic court. There was some chance that the officer wouldn’t show up and your case would be dismissed. If the officer did appear, you could always opt for traffic school at the last minute. Furthermore, some speeding tickets (most notably radar tickets) can be challenged on a technicality. Other tickets can be dismissed by presenting evidence such as diagrams or photographs.

It’s important to take a larger view of this whole subject. The police write many tickets knowing that the motorist will simply pay their fine by mail hoping to put the whole incident behind them. Other offenders will choose traffic school. Only a small group of motorists will ask for a trial in traffic court. And an even smaller number will actually go to trial. Clearly, if everyone went to traffic court, the system would become overburdened and collapse. So, if you feel your ticket was unwarranted, ask for your day in court � you could walk out a winner.

Copyright 2001 by Edmunds.Com, Inc. All rights reserved.

http://www.saf.org/pub/rkba/Legal/KennedyCSPAN.htm

SC Lustice Kennedy on the Constitution

[In response to student question:]

Justice Kennedy: “Of course, weapons in schools has emerged as a problem of tremendous concern to students, to teachers, to parents, to the society at large. And it’s a serious problem and we_must_do something about it. In the initial instance, who has been charged with enforcing and making legal policy? State officials, local officials, school boards, school principals, school experts. And courts will always give them a substantial amount of deference. They’re on the front lines, they’re on the front, and they’re going to have to cope with the difficult problems that this presents. I wonder if what you had in mind is a case called United States v. Lopez, or Lopez v. United States. Does anybody [here] know what that case is? I was wondering if you had that in mind in your question.

[Recognizes student] What is that case?”

Student: “It was a case where Lopez had a gun at school, and the Supreme Court had to rule as to whether they [Congress] could make a federal law banning guns from all campuses.”

Justice Kennedy: “There was a federal statute, enacted by the_Congress of the United States_and signed by the President that made it unlawful to possess a weapon or to have a weapon within a thousand yards of a school, or in a school, of course. And this Court declared that law unconstitutional._ [rhetorically] Does this mean that the Court_wants_guns in schools? What possibly was in the Court’s mind when they made this decision? [recognizes student] Yes.”

Student: “I think it’s possible that they would prefer that schools are under local jurisdiction, and the state jurisdiction, rather than the national.”

Justice Kennedy: “You would say the courts_prefer_that. Are you happy with the verb you used? Is that your final answer?”

[laughter]

Student: “Possibly not.”

Justice Kennedy: “Do we rule under the Constitution by what we_prefer?_”

Student: “No. Absolutely not.”

Justice Kennedy: “So you want to amend your answer slightly.”

Student: “I think I would perhaps.”

Justice Kennedy: “How would you amend it?”

Student: “The courts… well, education is normally under the jurisdiction of the states.”

Justice Kennedy [repeating]: “Education is normally under the jurisdiction of the states.”

Student: “…therefore the courts would state that that’s where it should stay?”

Justice Kennedy: “And the Court felt, _determined, _in this case and it was a closely divided case, it was five to four, as I recall. The Court held that the federal government had exceeded its power by acting_itself_to enact legislation to prevent guns in schools. [rhetorically] Does this mean that they thought guns in schools were a good idea? The underlying principle that drove the decision is what… as you’ve indicated?”

Student: “Whether the jurisdiction was state or national.”

Justice Kennedy: “This was a very important case on federalism. This was one of these cases, instances when I’m going to ask a question and I don’t want to convey a false impression: ‘Who cares about the states anyway? What do they need the states for? Some states are a little slow… they don’t have really great laws on guns in schools… why doesn’t the Congress do it? What difference does it make? Who cares?’ Somebody from the Bell School [Washington, D.C.]. I’m sure if you’re from the District of Columbia you may have a different opinion about that.

[Laughter]

Justice Kennedy: “‘Why do we need states anyway?'”

Student: “I think as a country we decided the states would be one way to maintain local authority.”

Justice Kennedy: “Why… you know what’s going to happen now…”

[Laughter]

Justice Kennedy: “Why do we want local authority?”

Student: “Well we learned all our lessons from King George and the gang…”

Justice Kennedy: “What did King George and his cronies teach us about local authority?”

Student: “Well, the colonists didn’t have any local authority, and they weren’t happy about it, and a lot of their rights were taken away. And when we wrote the Constitution they decided one way to maintain the rights of the people would be to establish states that could make their own decisions on a smaller scale than a national government.”

Justice Kennedy: “One of the things that I want you to remember in thinking about the Constitution is that our Constitution has a certain design, a certain structure. There are some architectural features to our Constitution, and one of them is federalism. The Framers, because of their experience with tyranny under English rule, decided that local government, local control, was very important for liberty. And so they established this idea of federalism. Now, federalism is something that our students, our people at large, don’t think about often enough, and I don’t think the Congress thinks about it often enough. Federalism is a very important principle. Federalism rests on the proposition that it is wrong for you to delegate so much power, so much authority over your own lives to a remote_central_power in Washington that you lose all democratic control. Now we were talking earlier about the Constitution changing. The Framers of the Constitution didn’t think about modern transportation, they didn’t even know what steam engines were, steamboats were just coming into play, obviously not jet airplanes, and internets, and a nationwide telecommunications system. And yet, we have an obligation to preserve, and protect, and defend the principle of federalism they designed and to make it work in a modern world. And you should ask yourself whether or not: A. the people of the United States, B. the people who study the Constitution, C. the Congress of the United States think often enough about the consequences of their actions for a federal system. You could hear political science professors get up and tell you that ‘federalism is outmoded, we should abolish it. New Hampshire, Rhode Island have two votes in the Senate just like the state of California does. What is the reason for this? How can we justify it?’ You must understand that federalism is part of the dynamic of freedom that the Framers insisted upon, that the Framers designed. This was the most brilliant political theory breakthrough of many centuries, this was the Framers’ unique contribution to political science –the idea that you have two loyalties, two responsibilities, two obligations, to two governments, to the United States as the national government, and to the state. If you break into a bank, you’re going to be prosecuted by the state and the federal government, because you’re violating both laws. If you rob the mails, you’re going to be punished by the United States. You have a direct obligation to the United States. You also have a direct obligation to your state. What were the Framers talking about, that_two_governments gives you more freedom than one? I mean, how does this work? How do you get more freedom if you have two governments than if you have one? Somebody who hasn’t had a chance to talk yet… we’ve covered it in part. Yes.” [recognizes student]

Student: “Perhaps because having two governments keeps the power balanced, so that one doesn’t go only to everyone, and becoming maybe the whole power of ruling over people. So having two governments will, like, balance this power and giving more freedom to the people.”

Justice Kennedy: “Yes, I think that’s the core of the principle, that two governments somehow keeps a balance. How does that work? Take the example of guns in schools.”

Student: “Well, like, keeping the power, between like, well like for example in many other countries that only have the one ruler, it keeps the people restricted from their freedom for doing whatever they want. So having two governments, one giving one law, and the other giving the other law. Having these two powers balanced means that the people can, like, be neutral, and have a more freedom of doing what they think is right for them. So having two governments, the opinion of the people can keep them balancing, and not allow one to take the whole power.”

Justice Kennedy: “We have more… I think that’s a well stated answer… we have more opportunity for people to make choices as to what their government ought to do. And there are many ways of controlling guns in schools, there are many different policies. And our Court had held that under that particular statute –perhaps there could be a statute designed a different way– but under that particular statute, the federal government had just overreached its powers. The federal government, believe it or not, is a government of limited powers. [smiling] Now in this day and age, of our global military responsibilities, of our national economy, of our national transportation system, of a national banking system, it’s hard to think of how the federal government’s power is limited. But it’s very, very important to recognize that federalism is part of the structure of the Constitution, and that the structure of the Constitution is the reason our Constitution has lasted. I teach in Europe every year, a law course, an international law course, and have students many of whom come from the United States, and they love Europe. They see cathedrals and ancient castles, and marvelous paintings that are hundreds, sometimes thousands of years old, and they think ‘oh well, America is kind of new, we’re a young nation…” But I tell them, remember, your Constitution is the oldest working constitution in the world. It’s lasted. Now there are constitutions around the world today that are written in very, very beautiful inspiring language, perhaps you might even think more inspiring than our own, but they’re not worth the paper they’re written on. Because there’s no political structure, there’s no political tradition, there’s no tradition of liberty and freedom to guarantee that they exist. And federalism is one of the neglected subjects of the American political discourse. And the school gun case was a way for this Court to teach that, to tell the people ‘be careful about thinking that the government in Washington solves everybody’s problems.’ That’s not the design of the Constitution. Now, newspaper writers tell me that federalism doesn’t get people too excited. It’s not an exciting issue, and yet it’s part of the features of the Constitution. And when you go back to your classroom I want you to ask yourself, and ask your students, ‘What are the other elements of the architectural design of the Constitution?’ What are the other structural components of our Constitution? What are the elements of our governmental design that distinguishes our constitution from others?’ Federalism is one, and there are others, and you can talk about that when you get back to your classes. Other questions… that was kind of a long answer to the guns in school question, but it was a good question, and one that helped me.” [later]

Student: “Regarding your comments earlier about how the Constitution does or does not change with the times –about the Second Amendment, the language of the Second Amendment is often subject to debate, particularly regarding the language about a ‘well regulated militia’, and how, being that you talked about global involvement with our military, it’s clearly not… it’s clearly obsolete. So what is the Supreme Court’s opinion, how does it interpret the language of the Second Amendment, in regards to ‘well regulated militia’ and the necessity of it today? Especially particularly with a rise in gun violence in schools, and everything, the need and the necessity for the Second Amendment.”

Justice Kennedy: “Again, our lower courts are just beginning to confront the terms of the Second Amendment, to see what it means in the context of gun control. There are going to be some years of litigation and debate on that before it comes to the [Supreme] Court. I do think that it’s wrong to say that the Constitution is going to change with the times. The times will illuminate the meaning of the Constitution. And the Constitution must be interpreted in a way so that in modern times it is preserved. Be very careful about saying that the Constitution changes. Remember this, too. The Constitution lasts only so long as it’s respected by the people. It’s just a piece of paper –in one sense. It’s the meaning of our nation, in another sense. But every generation has to learn it all.. over.. again. Democracy isn’t inherited. It’s not something that’s in your genes. It’s taught… and it’s learned. And when the Court decides a case, under the Constitution, people can understand the Constitution in the context of their own times. The Constitution isn’t some dusty old document. When we had the flag burning cases, whether or not it’s permitted under the First Amendment to burn a flag in order to make a point. I thought it was a very important teaching lesson. Because there are a lot of people who didn’t like flag burners, that get infuriated that this magnificent symbol of our country would be trashed by a bunch of hoodlums. Who likes that? On the other hand, it was a good lesson, to show that the First Amendment demands that you acc… tolerate certain views that you don’t like. It was a good civics lesson for our country, to show how the First Amendment works. And we’ll have more difficulty… and I think after our decision, people began to think about the First Amendment in a different way. So when decisions come out you should be very careful to remember what the Court is doing is trying to preserve the traditions and the values and the principles of the Constitution in a world that is changing very, very fast. And this is difficult to do.”

A fla case – right to drive

Source = http://www.cs.cmu.edu/~karl/govt/driver/fl-brief.text

Another victory against “licensed” “driving”.

The following is the email I received from a correspondent who took the Washington driver brief, modified it suitably for his state (Florida), and went into court with it.
He won.

No surprise, to many of us. Note, e.g., the substitution of Florida’s definition of “drive” at the appropriate point in the brief, and how it relates to “traffic” and other important verbiage.

He has agreed to placement of this modified brief in my web pages, on the condition that his name be removed — apparently, he doesn’t feel any desire to be publicly identifiable in web pages of this sort. So I have done; if you have a burning need or desire to contact this person, drop me a note and I will forward to him, single-blind. If he wants to chat with you, he will respond directly.

His intro paragraphs are below, followed by the modified brief. –karl ________________

To let everyone know how the case turned out. I was looking at $810.00 in fines and court cost and 2 mo. in jail. I bargained out with a no-contender plea $150.00 in court cost and judgment of guilt withheld.

I do believe the jurisdiction brief on travel worked. We both know I could have won but time is money and there was no reason to go to court if the record will not show guilt. Below is a copy of the brief: ________________

In the County Court in and for County of , State of Florida

BRIEF IN SUPPORT OF NOTICE FOR DISMISSAL FOR LACK OF JURISDICTION

TABLE OF AUTHORITIES

CONSTITUTIONS

Constitution for the United States of America, Amendment 9 16.1 Constitution of the State of Florida Article I � I, II

STATUTES

Florida Statute Chapter 322 DRIVERS’ LICENSES

Florida Statute CHAPTER 318 DISPOSITION OF TRAFFIC INFRACTIONS

Florida Statute CHAPTER 316 STATE UNIFORM TRAFFIC CONTROL Title 18 USC 3116 C.J.S., Constitutional Law, Sect.202, p.987

Const. Law, 329 and corresponding Am. Jur. [2nd]

12 Am.Jur. [1st] Const. Law, Sect.573, p.269

16 Am.Jur. (2nd), Const. Law, Sect.70

25 Am.Jur. (1st) Highways, Sect.260

25 Am.Jur. (1st) Highways, Sect.427, p.717

CASE HISTORIES

Allen vs. City of Bellingham, 163 P. 18

American Mutual Liability Ins. Co., vs. Chaput, 60 A.2d 118, 120; 95 NH 200

Bacahanan vs. Wanley, 245 US 60

Barney vs. Board of Railroad Commissioners, 17 P.2d 82

Barbour vs. Connolly, 113 US 27, 31

Blair vs. Broadmore, 93 SE 532.

Boon vs. Clark, 214 SSW 607

Boyd vs. United States, 116 US 616.

Chicago Motor Coach vs. Chicago, 169 NE 22

City of Dayton vs. DeBrosse, 23 NE.2d 647, 650; 62 Ohio App. 232.

Cohens vs. Meadow, 89 SE 876

Connolly vs. Union Sewer Pipe Co., 184 US 540

Crandall vs. Nevada, 6 Wall 35, 46

Cummins vs. Homes, 155 P. 171

Davis vs. Massachusetts, 167 US 43

Dennis vs. Moses, 52 P. 333

Ex Parte Dickey, (Dickey vs. Davis), 85 SE 781

Frost and F. Trucking Co. vs. Railroad Commission, 271 US 592

Hale v. Hinkel, 201 US 43, 74-75.

Hadfield vs. Lundin, 98 Wash 657l, 168, p.516

Hurtado vs. California, 110 US 516

International Motor Transit Co. vs. Seattle, 251 P. 120

Kent vs. Dulles, 357 US 116 (1958)

Lafarier vs. Grand Trunk R.R. Co., 24 A. 848

Ligare vs. Chicago, 28 NE 934

Locket vs. State, 47 Ala. 45

Mehlos vs. Milwaukee, 146 NW 882

McCulloch vs. Maryland, 4 Wheat 316

Miranda vs. Arizona, 384 US 436, 491

Miller vs. U.S., 230 F. 486, 489

Mulger vs. Kansas, 123 US 623, 661

Newbill vs. Union Indemnity Co., 60 SE.2d 658.

Northern Pacific R.R. Co. vs. Schoenfeldt, 213 P. 26.

O’Neil vs. Providence Amusement Co., 108 A. 887.

Packard vs. Banton, 44 S.Ct. 256

Panhandle Eastern Pipeline Co. vs. State Highway Commission, 294 US 613

Parlett Cooperative vs. Tidewater Lines, 164 A. 313

Parks vs. State, 64 NE 682

People vs. Henderson, 218 NW.2d 2, 4

People vs. Smith, 108 Am.St.Rep. 715

Railroad commission vs. Inter-City Forwarding Co., 57 SW.2d 290

Riley vs. Carter, 79 ALR 1018

Riley vs. Laeson, 142 So. 619

Robertson vs. Department of Public Works, 180 Wash 133, 147

Rosenblatt vs. California State Board of Pharmacy, 158 P.2d 199, 203

Slote vs. Examination, 112 ALR 660

Snerer vs. Cullen, 481 F. 946

State vs. City of Spokane, 186 P. 864.

State vs. Jackson, 60 Wisc.2d 700; 211 NW.2d 480, 487

State vs. Johnson, 243 P. 1073

State vs. Strasburg, 110 P. 1020

Stephenson vs. Rinford, 287 US 251; Pachard vs Banton, 264 US 140

Simon vs. Craft, 182 US 427

Simons vs. United States, 390 US 389

Ex Parte Sterling, 53 SW.2d 294

Teche Lines vs. Danforth, Miss., 12 S.2d 784

Tiche vs. Osborne, 131 A. 60.

Thompson vs. Smith, 154 SE 579

Washington A.G.O. 59-60 No. 88, p. 11

Watson vs. Memphis, 375 US 526

Western Electric Co. vs. Pacent Reproducer Corp., 42 F.2d 116, 118.

Willis vs. Buck, 263 P.l 982.

Yick Wo vs. Hopkins, 118 US 356.

LAW DICTIONARIES

Bergh Business Law 25.1, 55.1.4, 61, 63

Bouvier’s Law Dictionary 5.1, 9.3, 9.4, 9.5, 14.1, 25.3, 27, 28, 29.1, 71.1, 88, 92.1, 93

Century Dictionary, p.2034.

Woodward Quasi Contracts 9 72

Black’s Law Dictionary, 5th ed.

ENGLISH LANGUAGE DICTIONARIES

Webster Unabridged Dictionary 9.1

BRIEF IN SUPPORT OF NOTICE FOR DISMISSAL FOR LACK OF JURISDICTION

NOW, comes the Xxxxxx Xxxx Xxxxxxx, appearing specially and not generally or voluntarily, but under threat of arrest if he failed to do so, with this “BRIEF IN SUPPORT OF NOTICE FOR DISMISSAL FOR LACK OF JURISDICTION, ” stating as follows:

ARGUMENT

If ever a judge understood the public’s right to use the public roads, it was Justice Tolman of the Supreme Court of the State of Washington. Justice Tolman stated:

“Complete freedom of the highways is so old and well established a blessing that we have forgotten the days of the Robber Barons and toll roads, and yet, under an act like this, arbitrarily administered, the highways may be completely monopolized, if, through lack of interest, the people submit, then they may look to see the most sacred of their liberties taken from them one by one, by more or less rapid encroachment.” Robertson vs. Department of Public Works, 180 Wash 133, 147.

The words of Justice Tolman ring most prophetically in the ears of Citizens throughout the country today as the use of the public roads has been monopolized by the very entity which has been empowered to stand guard over our freedoms, i.e., that of state government.

RIGHTS

The “most sacred of liberties” of which Justice Tolman spoke was personal liberty. The definition of personal liberty is:

“Personal liberty, or the Right to enjoyment of life and liberty, is one of the fundamental or natural Rights, which has been protected by its inclusion as a guarantee in the various constitutions, which is not derived from, or dependent on, the U.S. Constitution, which may not be submitted to a vote and may not depend on the outcome of an election. It is one of the most sacred and valuable Rights, as sacred as the Right to private property…and is regarded as inalienable.” 16 C.J.S., Constitutional Law, Sect.202, p.987.

This concept is further amplified by the definition of personal liberty:

“Personal liberty largely consists of the Right of locomotion — to go where and when one pleases — only so far restrained as the Rights of others may make it necessary for the welfare of all other citizens. The Right of the 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 the common Right which he has under his Right to life, liberty, and the pursuit of happiness. Under this Constitutional guarantee one may, therefore, under normal conditions, travel at his inclination along the public highways or in public places, and while conducting himself in an orderly and decent manner, neither interfering with nor disturbing another’s Rights, he will be protected, not only in his person, but in his safe conduct.” [emphasis added] II Am.Jur. (1st) Constitutional Law, Sect.329, p.1135. ….and further… “Personal liberty — consists of the power of locomotion, of changing situations, of removing one’s person to whatever place one’s inclination may direct, without imprisonment or restraint unless by due process of law.” 1 Blackstone’s Commentary 134; Hare, Constitution__.777; Bovier’s Law Dictionary, 1914 ed., Black’s Law Dictionary, 5th ed.

Justice Tolman was concerned about the State prohibiting the Citizen from the “most sacred of his liberties, ” the Right of movement, the Right of moving one’s self from place to place without threat of imprisonment, the Right to use the public roads in the ordinary course of life.

When the State allows the formation of a corporation it may control its creation by establishing guidelines (statutes) for its operation (charters). Corporations who use the roads in the course of business do not use the roads in the ordinary course of life. There is a difference between a corporation and an individual. The United States Supreme Court has stated:

“…We are of the opinion that there is a clear distinction in this particular between an individual and a corporation, and that the latter has no right to refuse to submit its books and papers for examination on the suit of the State. The individual may stand upon his Constitutional Rights as a Citizen. He is entitled to carry on his private business in his own way. His power to contract is unlimited. He owes no duty to the State or to his neighbors to divulge his business, or to open his doors to investigation, so far as it may tend to incriminate him. He owes no such duty to the State, since he receives nothing therefrom, beyond the protection of his life, liberty, and property. His Rights are such as the law of the land long antecedent to the organization of the state, and can only be taken from him by due process of law, and in accordance with the Constitution. Among his Rights are the refusal to incriminate himself, and the immunity of himself and his property from arrest or seizure except under warrant of law. He owes nothing to the public so long as he does not trespass upon their rights.

“Upon the other hand, the corporation is a creature of the state. It is presumed to be incorporated for the benefit of the public. It receives certain special privileges and franchises, and holds them subject to the laws of the state and the limitations of its charter. Its rights to act as a corporation are only preserved to it so long as it obeys the laws of its creation. There is a reserved right in the legislature to investigate its contracts and find out whether it has exceeded its powers. It would be a strange anomaly to hold that the State, having chartered a corporation to make use of certain franchises, could not in exercise of its sovereignty inquire how those franchises had been employed, and whether they had been abused, and demand the production of corporate books and papers for that purpose.” [emphasis added] Hale vs. Hinkel, 201 US 43, 74-75.

Corporations engaged in mercantile equity fall under the purview of the State’s admiralty jurisdiction, and the public at large must be protected from their activities, as they (the corporations) are engaged in business for profit.

“…Based upon the fundamental ground that the sovereign state has the plenary control of the streets and highways in the exercise of its police power (see police power, infra.), may absolutely prohibit the use of the streets as a place for the prosecution of a private business for gain. They all recognize the fundamental distinction between the ordinary Right of the Citizen to use the streets in the usual way and the use of the streets as a place of business or a main instrumentality of business for private gain. The former is a common Right, the latter is an extraordinary use. As to the former the legislative power is confined to regulation, as to the latter it is plenary and extends even to absolute prohibition. Since the use of the streets by a common carrier in the prosecution of its business as such is not a right but a mere license of privilege.” Hadfield vs. Lundin, 98 Wash 657l, 168, p.516.

It will be necessary to review early cases and legal authority in order to reach a lawfully correct theory dealing with this Right or “privilege.” We will attempt to reach a sound conclusion as to what is a “Right to use the road” and what is a “privilege to use the road”. Once reaching this determination, we shall then apply those positions to modern case decision.

“Where rights secured by the Constitution are involved, there can be no rule making or legislation which would abrogate them.” Miranda vs. Arizona, 384 US 436, 491. …and… “The claim and exercise of a constitutional Right cannot be converted into a crime.” Miller vs. U.S., 230 F. 486, 489. …and… “There can be no sanction or penalty imposed upon one because of this exercise of constitutional Rights.” Snerer vs. Cullen, 481 F. 946.

Streets and highways are established and maintained for the purpose of travel and transportation by the public. Such travel may be for business or pleasure.

“The use of the highways for the purpose of travel and transportation is not a mere privilege, but a common and fundamental Right of which the public and the individual cannot be rightfully deprived.” [emphasis added] Chicago Motor Coach vs. Chicago, 169 NE 22; Ligare vs. Chicago, 28 NE 934; Boon vs. Clark, 214 SSW 607; 25 Am.Jur. (1st) Highways Sect.163. …and…”The Right of the Citizen to travel upon the public highways and to transport his property thereon, either by horse drawn carriage or by automobile, is not a mere privilege which a city can prohibit or permit at will, but a common Right which he has under the right to life, liberty, and the pursuit of happiness.” [emphasis added] Thompson vs. Smith, 154 SE 579.

So we can see that a Citizen has a Right to travel upon the public highways by automobile and the Citizen cannot be rightfully deprived of his Liberty. So where does the misconception that the use of the public road is always and only a privilege come from?

“…For while a Citizen has the Right to travel upon the public highways and to transport his property thereon, that Right does not extend to the use of the highways, either in whole or in part, as a place for private gain. For the latter purpose no person has a vested right to use the highways of the state, but is a privilege or a license which the legislature may grant or withhold at its discretion.” State vs. Johnson, 243 P. 1073; Hadfield, supra; Cummins vs. Homes, 155 P. 171; Packard vs. Banton, 44 S.Ct. 256; and other cases too numerous to mention.

Here the court held that a Citizen has the Right to travel upon the public highways, but that he did not have the right to conduct business upon the highways. On this point of law all authorities are unanimous.

“Heretofore the court has held, and we think correctly, that while a Citizen has the Right to travel upon the public highways and to transport his property thereon, that Right does not extend to the use of the highways, either in whole or in part, as a place of business for private gain.” Barney vs. Board of Railroad Commissioners, 17 P.2d 82; Willis vs. Buck, 263 P.l 982. and… “The right of the citizen to travel upon the highway and to transport his property thereon, in the ordinary course of life and business, differs radically and obviously from that of one who makes the highway his place of business for private gain in the running of a stagecoach or omnibus.” State vs. City of Spokane, 186 P. 864.

What is this Right of the Citizen which differs so “radically and obviously” from one who uses the highway as a place of business? Who better to enlighten us than Justice Tolman of the Supreme Court of Washington State? In State vs. City of Spokane, supra, the Court also noted a very “radical and obvious” difference, but went on to explain just what the difference is:

“The former is the usual and ordinary right of the Citizen, a common right to all, while the latter is special, unusual, and extraordinary.” and… “This distinction, elementary and fundamental in character, is recognized by all the authorities.” State vs. City of Spokane, supra.

This position does not hang precariously upon only a few cases, but has been proclaimed by an impressive array of cases ranging from the state courts to the federal courts.

“the right of the Citizen to travel upon the highway and to transport his property thereon in the ordinary course of life and business, differs radically and obviously from that of one who makes the highway his place of business and uses it for private gain in the running of a stagecoach or omnibus. The former is the usual and ordinary right of the Citizen, a right common to all, while the latter is special, unusual, and extraordinary.” Ex Parte Dickey, (Dickey vs. Davis), 85 SE 781. …and… “The right of the Citizen to travel upon the public highways and to transport his property thereon, in the ordinary course of life and business, is a common right which he has under the right to enjoy life and liberty, to acquire and possess property, and to pursue happiness and safety. It includes the right, in so doing, to use the ordinary and usual conveyances of the day, and under the existing modes of travel, includes the right to drive a horse drawn carriage or wagon thereon or to operate an automobile thereon, for the usual and ordinary purpose of life and business.” Teche Lines vs. Danforth, Miss., 12 S.2d 784; Thompson vs. Smith, supra.

There is no dissent among various authorities as to this position. (See Am.Jur. [1st] Const. Law, 329 and corresponding Am. Jur. [2nd].)

“Personal liberty — or the right to enjoyment of life and liberty — is one of the fundamental or natural rights, which has been protected by its inclusion as a guarantee in the various constitutions, which is not derived from nor dependent on the U.S. Constitution… It is one of the most sacred and valuable rights [remember the words of Justice Tolman, supra.] as sacred as the right to private property…and is regarded as inalienable.” 16 C.J.S. Const. Law, Sect.202, p.987.

As we can see, the distinction between a “Right” to use the public roads and a “privilege” to use the public roads is drawn upon the line of “using the road as a place of business” and the various state courts have held so. But what have the U.S. courts held on this point?

“First, it is well established law that the highways of the state are public property, and their primary and preferred use is for private purposes, and that their use for purposes of gain is special and extraordinary which, generally at least, the legislature may prohibit or condition as it sees fit.” Stephenson vs. Rinford, 287 US 251; Pachard vs Banton, 264 US 140, and cases cited; Frost and F. Trucking Co. vs. Railroad Commission, 271 US 592; Railroad commission vs. Inter-City Forwarding Co., 57 SW.2d 290; Parlett Cooperative vs. Tidewater Lines, 164 A. 313.

So what is a privilege to use the roads? By now it should be apparent even to the “learned” that an attempt to use the road as a place of business is a privilege. The distinction must be drawn between…

1.Travelling upon and transporting one’s property upon the public roads, which is our Right; and…

2.Using the public roads as a place of business or a main instrumentality of business, which is a privilege.

“[The roads]…are constructed and maintained at public expense, and no person therefore, can insist that he has, or may acquire, a vested right to their use in carrying on a commercial business.” Ex Parte Sterling, 53 SW.2d 294; Barney vs. Railroad Commissioners, 17 P.2d 82; Stephenson vs. Binford, supra.

“When the public highways are made the place of business the state has a right to regulate their use in the interest of safety and convenience of the public as well as the preservation of the highways.” Barney vs. Railroad Commissioners, supra.

“[The state’s] right to regulate such use is based upon the nature of the business and the use of the highways in connection therewith.” Ibid.

“We know of no inherent right in one to use the highways for commercial purposes. The highways are primarily for the use of the public, and in the interest of the public, the state may prohibit or regulate…the use of the highways for gain.” Robertson vs. Dept. of Public Works, supra.

There should be considerable authority on a subject as important a this deprivation of the liberty of the individual “using the roads in the ordinary course of life and business.” However, it should be noted that extensive research has not turned up one case or authority acknowledging the state’s power to convert the individual’s right to travel upon the public roads into a “privilege.”

Therefore, it is concluded that the Citizen does have a “Right” to travel and transport his property upon the public highways and roads and the exercise of this Right is not a “privilege.”

DEFINITIONS

In order to understand the correct application of the statute in question, we must first define the terms used in connection with this point of law. As will be shown, many terms used today do not, in their legal context, mean what we assume they mean, thus resulting in the misapplication of statutes in the instant case.

AUTOMOBILE AND MOTOR VEHICLE

There is a clear distinction between an automobile and a motor vehicle. An automobile has been defined as:

“The word `automobile’ connotes a pleasure vehicle designed for the transportation of persons on highways.” American Mutual Liability Ins. Co., vs. Chaput, 60 A.2d 118, 120; 95 NH 200.

While the distinction is made clear between the two as the courts have stated:

“A motor vehicle or automobile for hire is a motor vehicle, other than an automobile stage, used for the transportation of persons for which remuneration is received.” International Motor Transit Co. vs. Seattle, 251 P. 120.

“The term `motor vehicle’ is different and broader than the word `automobile.'” City of Dayton vs. DeBrosse, 23 NE.2d 647, 650; 62 Ohio App. 232.

The distinction is made very clear in Title 18 USC 31:

“Motor vehicle” means every description or other contrivance propelled or drawn by mechanical power and used for commercial purposes on the highways in the transportation of passengers, or passengers and property.

“Used for commercial purposes” means the carriage of persons or property for any fare, fee, rate, charge or other considerations, or directly or indirectly in connection with any business, or other undertaking intended for profit.

Clearly, an automobile is private property in use for private purposes, while a motor vehicle is a machine which may be used upon the highways for trade, commerce, or hire.

TRAVEL

The term “travel” is a significant term and is defined as:

“The term `travel’ and `traveler’ are usually construed in their broad and general sense…so as to include all those who rightfully use the highways viatically (when being reimbursed for expenses) and who have occasion to pass over them for the purpose of business, convenience, or pleasure.” [emphasis added] 25 Am.Jur. (1st) Highways, Sect.427, p.717.

“Traveler — One who passes from place to place, whether for pleasure, instruction, business, or health.” Locket vs. State, 47 Ala. 45; Bovier’s Law Dictionary, 1914 ed., p. 3309.

“Travel — To journey or to pass through or over; as a country district, road, etc. To go from one place to another, whether on foot, or horseback, or in any conveyance as a train, an automobile, carriage, ship, or aircraft; Make a journey.” Century Dictionary, p.2034.

Therefore, the term “travel” or “traveler” refers to one who uses a conveyance to go from one place to another, and included all those who use the highways as a matter of Right.

Notice that in all these definitions the phrase “for hire” never occurs. This term “travel” or “traveler” implies, by definition, one who uses the road as a means to move from one place to another.

Therefore, one who uses the road in the ordinary course of life and business for the purpose of travel and transportation is a traveler.

DRIVE

Florida � Chapter 322.01 Definitions(15) “Drive” means to operate or be in actual physical control of a motor vehicle in any place open to the general public for purposes of vehicular traffic.

(See “traffic” infra)

DRIVER

The term “driver” in contradistinction to “traveler, “: is defined as:

“Driver — One employed in conducting a coach, carriage, wagon, or other vehicle…” Bovier’s Law Dictionary, 1914 ed., p. 940.

Notice that this definition includes one who is “employed” in conducting a vehicle. It should be self-evident that this person could not be “traveling” on a journey, but is using the road as a place of business.

OPERATOR

Today we assume that a “traveler” is a “driver, ” and a “driver” is an “operator.” However, this is not the case.

“It will be observed from the language of the ordinance that a distinction is to be drawn between the terms `operator’ and `driver’; the `operator’ of the service car being the person who is licensed to have the car on the streets in the business of carrying passengers for hire; while the `driver’ is the one who actually drives the car. However, in the actual prosecution of business, it was possible for the same person to be both `operator’ and `driver.'” Newbill vs. Union Indemnity Co., 60 SE.2d 658.

To further clarify the definition of an “operator” the court observed that this was a vehicle “for hire” and that it was in the business of carrying passengers.

This definition would seem to describe a person who is using the road as a place of business, or in other words, a person engaged in the “privilege” of using the road for gain.

This definition, then, is a further clarification of the distinction mentioned earlier, and therefore:

1.Traveling upon and transporting one’s property upon the public roads as a matter of Right meets the definition of a traveler.

2.Using the road as a place of business as a matter of privilege meets the definition of a driver or an operator or both.

TRAFFIC

Having defined the terms “automobile, ” “motor vehicle, ” “traveler, ” “driver, ” and “operator, ” the next term to define is “traffic”:

“…Traffic thereon is to some extent destructive, therefore, the prevention of unnecessary duplication of auto transportation service will lengthen the life of the highways or reduce the cost of maintenance, the revenue derived by the state…will also tend toward the public welfare by producing at the expense of those operating for private gain, some small part of the cost of repairing the wear…” Northern Pacific R.R. Co. vs. Schoenfeldt, 213 P. 26.

Note: In the above, Justice Tolman expounded upon the key of raising revenue by taxing the “privilege” to use the public roads “at the expense of those operating for gain.”

In this case, the word “traffic” is used in conjunction with the unnecessary Auto Transportation Service, or in other words, “vehicles for hire.” The word “traffic” is another word which is to be strictly construed to the conducting of business.

“Traffic — Commerce, trade, sale or exchange of merchandise, bills, money, or the like. The passing of goods and commodities from one person to another for an equivalent in goods or money…” Bovier’s Law Dictionary, 1914 ed., p. 3307.

Here again, notice that this definition refers to one “conducting business.” No mention is made of one who is traveling in his automobile. This definition is of one who is engaged in the passing of a commodity or goods in exchange for money, i.e.., vehicles for hire.

Furthermore, the word “traffic” and “travel” must have different meanings which the courts recognize. The difference is recognized in Ex Parte Dickey, supra:

“…in addition to this, cabs, hackney coaches, omnibuses, taxicabs, and hacks, when unnecessarily numerous, interfere with the ordinary traffic and travel and obstruct them.”

The court, by using both terms, signified its recognition of a distinction between the two. But, what was the distinction? We have already defined both terms, but to clear up any doubt:

“The word `traffic’ is manifestly used here in secondary sense, and has reference to the business of transportation rather than to its primary meaning of interchange of commodities.” Allen vs. City of Bellingham, 163 P. 18.

Here the Supreme Court of the State of Washington has defined the word “traffic” (in either its primary or secondary sense) in reference to business, and not to mere travel! So it is clear that the term “traffic” is business related and therefore, it is a “privilege.” The net result being that “traffic” is brought under the (police) power of the legislature. The term has no application to one who is not using the roads as a place of business.

LICENSE

Florida � Chapter 322.01 Definitions (16) “Driver’s license” means a certificate which, subject to all other requirements of law, authorizes an individual to drive a motor vehicle.

It is clear that Florida’s definitions and meaning for the above is for commerce not travel. It seems only proper to define the word “license, ” as the definition of this word will be extremely important in understanding the statutes as they are properly applied:

“The permission, by competent authority to do an act which without permission, would be illegal, a trespass, or a tort.” People vs. Henderson, 218 NW.2d 2, 4.

“Leave to do a thing which licensor could prevent.” Western Electric Co. vs. Pacent Reproducer Corp., 42 F.2d 116, 118.

In order for these two definitions to apply in this case, the state would have to take up the position that the exercise of a Constitutional Right to use the public roads in the ordinary course of life and business is illegal, a trespass, or a tort, which the state could then regulate or prevent.

This position, however, would raise magnitude Constitutional questions as this position would be diametrically opposed to fundamental Constitutional Law. (See “Conversion of a Right to a Crime, ” infra.)

In the instant case, the proper definition of a “license” is:

“a permit, granted by an appropriate governmental body, generally for consideration, to a person, firm, or corporation, to pursue some occupation or to carry on some business which is subject to regulation under the police power.” [emphasis added] Rosenblatt vs. California State Board of Pharmacy, 158 P.2d 199, 203.

This definition would fall more in line with the “privilege” of carrying on business on the streets.

Most people tend to think that “licensing” is imposed by the state for the purpose of raising revenue, yet there may well be more subtle reasons contemplated; for when one seeks permission from someone to do something he invokes the jurisdiction of the “licensor” which, in this case, is the state. In essence, the licensee may well be seeking to be regulated by the “licensor.”

“A license fee is a charge made primarily for regulation, with the fee to cover costs and expenses of supervision or regulation.” State vs. Jackson, 60 Wisc.2d 700; 211 NW.2d 480, 487.

The fee is the price; the regulation or control of the licensee is the real aim of the legislation.

Are these licenses really used to fund legitimate government, or are they nothing more than a subtle introduction of police power into every facet of our lives? Have our “enforcement agencies” been diverted from crime prevention, perhaps through no fault of their own, instead now busying themselves as they “check” our papers to see that all are properly endorsed by the state?

How much longer will it be before we are forced to get a license for our lawn mowers, or before our wives will need a license for her “blender” or “mixer?” They all have motors on them and the state can always use the revenue.

POLICE POWER

The confusion of the police power with the power of taxation usually arises in cases where the police power has affixed a penalty to a certain act, or where it requires licenses to be obtained and a certain sum be paid for certain occupations. The power used in the instant case cannot, however, be the power of taxation since an attempt to levy a tax upon a Right would be open to Constitutional objection. (See “taxing power, ” infra.) Each law relating to the use of police power must ask three questions:

“1. Is there threatened danger? 2. Does a regulation involve a Constitutional Right? 3. Is this regulation reasonable?” People vs. Smith, 108 Am.St.Rep. 715; Bovier’s Law Dictionary, 1914 ed., under “Police Power.”

When applying these three questions to the statute in question, some very important issues emerge.

First, “is there a threatened danger” in the individual using his automobile on the public highways, in the ordinary course of life and business?

The answer is No! There is nothing inherently dangerous in the use of an automobile when it is carefully managed. Their guidance, speed, and noise are subject to a quick and easy control, under a competent and considerate manager, it is as harmless on the road as a horse and buggy.

It is the manner of managing the automobile, and that alone, which threatens the safety of the public. The ability to stop quickly and to respond quickly to guidance would seem to make the automobile one of the least dangerous conveyances. (See Yale Law Journal, December, 1905.)

“The automobile is not inherently dangerous.” Cohens vs. Meadow, 89 SE 876; Blair vs. Broadmore, 93 SE 532.

To deprive all persons of the Right to use the road in the ordinary course of life and business, because one might, in the future, become dangerous, would be a deprivation not only of the Right to travel, but also the Right to due process. (See “Due Process, ” infra.)

Next, does the regulation involve a Constitutional Right?

This question has already been addressed and answered in this brief, and need not be reinforced other than to remind this Court that this Citizen does have the Right to travel upon the public highway by automobile in the ordinary course of life and business. It can therefore be concluded that this regulation does involve a Constitutional Right.

The third question is the most important in this case. “Is this regulation reasonable?”

The answer is No! It will be shown later in “Regulation, ” infra., that this licensing statute is oppressive and could be effectively administered by less oppressive means.

Although the Fourteenth Amendment does not interfere with the proper exercise of the police power, in accordance with the general principle that the power must be exercised so as not to invade unreasonably the rights guaranteed by the United States Constitution, it is established beyond question that every state power, including the police power, is limited by the Fourteenth Amendment (and others) and by the inhibitions there imposed.

Moreover, the ultimate test of the propriety of police power regulations must be found in the Fourteenth Amendment, since it operates to limit the field of the police power to the extent of preventing the enforcement of statutes in denial of Rights that the Amendment protects. (See Parks vs. State, 64 NE 682.)

“With regard particularly to the U.S. Constitution, it is elementary that a Right secured or protected by that document cannot be overthrown or impaired by any state police authority.” Connolly vs. Union Sewer Pipe Co., 184 US 540; Lafarier vs. Grand Trunk R.R. Co., 24 A. 848; O’Neil vs. Providence Amusement Co., 108 A. 887.

“The police power of the state must be exercised in subordination to the provisions of the U.S. Constitution.” [emphasis added] Panhandle Eastern Pipeline Co. vs. State Highway Commission, 294 US 613; Bacahanan vs. Wanley, 245 US 60.

“It is well settled that the Constitutional Rights protected from invasion by the police power, include Rights safeguarded both by express and implied prohibitions in the Constitutions.” Tiche vs. Osborne, 131 A. 60.

“As a rule, fundamental limitations of regulations under the police power are found in the spirit of the Constitutions, not in the letter, although they are just as efficient as if expressed in the clearest language.” Mehlos vs. Milwaukee, 146 NW 882.

As it applies in the instant case, the language of the Fifth Amendment is clear:

No person shall be…deprived of Life, Liberty, or Property without due process of law.

As has been shown, the courts at all levels have firmly established an absolute Right to travel.

In the instant case, the state, by applying commercial statutes to all entities, natural and artificial persons alike, has deprived this free and natural person of the Right of Liberty, without cause and without due process of law.

DUE PROCESS

“The essential elements of due process of law are…Notice and The Opportunity to defend.” Simon vs. Craft, 182 US 427.

Yet, not one individual has been given notice of the loss of his/her Right, let alone before signing the license (contract). Nor was the Citizen given any opportunity to defend against the loss of his/her right to travel, by automobile, on the highways, in the ordinary course of life and business. This amounts to an arbitrary deprivation of Liberty.

“There should be no arbitrary deprivation of Life or Liberty…” Barbour vs. Connolly, 113 US 27, 31; Yick Wo vs. Hopkins, 118 US 356. …and… “The right to travel is part of the Liberty of which a citizen cannot deprived without due process of law under the Fifth Amendment. This Right was emerging as early as the Magna Carta.” Kent vs. Dulles, 357 US 116 (1958).

The focal point of this question of police power and due process must balance upon the point of making the public highways a safe place for the public to travel. If a man travels in a manner that creates actual damage, an action would lie (civilly) for recovery of damages. The state could then also proceed against the individual to deprive him of his Right to use the public highways, for cause. This process would fulfill the due process requirements of the Fifth Amendment while at the same time insuring that Rights guaranteed by the U.S. Constitution and the state constitutions would be protected.

But unless or until harm or damage (a crime) is committed, there is no cause for interference in the private affairs or actions of a Citizen.

One of the most famous and perhaps the most quoted definitions of due process of law, is that of Daniel Webster in his Dartmouth College Case (4 Wheat 518), in which he declared that by due process is meant “a law which hears before it condemns, which proceeds upon inquiry, and renders judgment only after trial.” (See also State vs. Strasburg, 110 P. 1020; Dennis vs. Moses, 52 P. 333.)

Somewhat similar is the statement that is a rule as old as the law that “no one shall be personally bound (restricted) until he has had his day in court, ” by which is meant, until he has been duly cited to appear and has been afforded an opportunity to be heard. Judgment without such citation and opportunity lacks all the attributes of a judicial determination; it is judicial usurpation and it is oppressive and can never be upheld where it is fairly administered. (12 Am.Jur. [1st] Const. Law, Sect.573, p.269.)

Note: This sounds like the process used to deprive one of the “privilege” of operating a motor vehicle “for hire.” It should be kept in mind, however, that we are discussing the arbitrary deprivation of the Right to use the road that all citizens have “in common.”

The futility of the state’s position can be most easily observed in the 1959 Washington Attorney General’s opinion on a similar issue:

“The distinction between the Right of the Citizen to use the public highways for private, rather than commercial purposes is recognized…” …and… “Under its power to regulate private uses of our highways, our legislature has required that motor vehicle operators be licensed (I.C. 49-307). Undoubtedly, the primary purpose of this requirement is to insure, as far as possible, that all motor vehicle operators will be competent and qualified, thereby reducing the potential hazard or risk of harm, to which other users of the highways might otherwise be subject. But once having complied with this regulatory provision, by obtaining the required license, a motorist enjoys the privilege of traveling freely upon the highways…” Washington A.G.O. 59-60 No. 88, p. 11.

This alarming opinion appears to be saying that every person using an automobile as a matter of Right, must give up the Right and convert the Right into a privilege. This is accomplished under the guise of regulation. This statement is indicative of the insensitivity, even the ignorance, of the government to the limits placed upon governments by and through the several constitutions.

This legal theory may have been able to stand in 1959; however, as of 1966, in the United States Supreme Court decision in Miranda, even this weak defense of the state’s actions must fall.

“Where rights secured by the Constitution are involved, there can be no rule making or legislation which would abrogate them.” Miranda vs. Arizona, 384 US 436, 491.

Thus the legislature does not have the power to abrogate the Citizen’s Right to travel upon the public roads, by passing legislation forcing the citizen to waive his Right and convert that Right into a privilege. Furthermore, we have previously established that this “privilege” has been defined as applying only to those who are “conducting business in the streets” or “operating for-hire vehicles.”

The legislature has attempted, by legislative fiat, to deprive the Citizen of his Right to use the roads in the ordinary course of life and business, without affording the Citizen the safeguard of “due process of law.” This has been accomplished under supposed powers of regulation.

REGULATION

“In addition to the requirement that regulations governing the use of the highways must not be vocative of constitutional guarantees, the prime essentials of such regulation are reasonableness, impartiality, and definiteness or certainty.” 25 Am.Jur. (1st) Highways, Sect.260. …and… “Moreover, a distinction must be observed between the regulation of an activity which may be engaged in as a matter of right and one carried on by government sufferance of permission.” Davis vs. Massachusetts, 167 US 43; Pachard vs Banton, supra.

One can say for certain that these regulations are impartial since they are being applied to all, even though they are clearly beyond the limits of the legislative powers. However, we must consider whether such regulations are reasonable and vocative-vocative of constitutional guarantees.

First, let us consider the reasonableness of this statute requiring all persons to be licensed (presuming that we are applying this statute to all persons using the public roads). In determining the reasonableness of the statute we need only ask two questions:

1. Does the statute accomplish its stated goal?

The answer is No!

The attempted explanation for this regulation “to insure the safety of the public by insuring, as much as possible, that all are competent and qualified.”

However, one can keep his license without retesting, from the time he/she is first licensed until the day he/she dies, without regard to the competency of the person, by merely renewing said license before it expires. It is therefore possible to completely skirt the goal of this attempted regulation, thus proving that this regulation does not accomplish its goal.

Furthermore, by testing and licensing, the state gives the appearance of underwriting the competence of the licensees, and could therefore be held liable for failures, accidents, etc. caused by licensees.

2. Is the statute reasonable?

The answer is No!

This statute cannot be determined to be reasonable since it requires to the Citizen to give up his or her natural Right to travel unrestricted in order to accept the privilege. The purported goal of this statute could be met by much less oppressive regulations, i.e., competency tests and certificates of competency before using an automobile upon the public roads. (This is exactly the situation in the aviation sector.)

But isn’t this what we have now?

The answer is No! The real purpose of this license is much more insidious. When one signs the license, he/she gives up his/her Constitutional Right to travel in order to accept and exercise a privilege. After signing the license, a quasi-contract, the Citizen has to give the state his/her consent to be prosecuted for constructive crimes and quasi-criminal actions where there is no harm done and no damaged property.

These prosecutions take place without affording the Citizen of their Constitutional Rights and guarantees such a the Right to a trial by jury of twelve persons and the Right to counsel, as well as the normal safeguards such as proof of intent and a corpus delicti and a grand jury indictment. These unconstitutional prosecutions take place because the Citizen is exercising a privilege and has given his/her “implied consent” to legislative enactments designed to control interstate commerce, a regulated enterprise under the police power of the state.

We must now conclude that the Citizen is forced to give up Constitutional guarantees of “Right” in order to exercise his state “privilege” to travel upon the public highways in the ordinary course of life and business.

SURRENDER OF RIGHTS

A Citizen cannot be forced to give up his/her Rights in the name of regulation.

“…the only limitations found restricting the right of the state to condition the use of the public highways as a means of vehicular transportation for compensation are (1) that the state must not exact of those it permits to use the highways for hauling for gain that they surrender any of their inherent U.S. Constitutional Rights as a condition precedent to obtaining permission for such use…” [emphasis added] Riley vs. Laeson, 142 So. 619; Stephenson vs. Binford, supra.

If one cannot be placed in a position of being forced to surrender Rights in order to exercise a privilege, how much more must this maxim of law, then, apply when one is simply exercising (putting into use) a Right?

“To be that statute which would deprive a Citizen of the rights of person or property, without a regular trial, according to the course and usage of the common law, would not be the law of the land.” Hoke vs. Henderson, 15 NC 15. …and… “We find it intolerable that one Constitutional Right should have to be surrendered in order to assert another.” Simons vs. United States, 390 US 389.

Since the state requires that one give up Rights in order to exercise the privilege of driving, the regulation cannot stand under the police power, due process, or regulation, but must be exposed as a statute which is oppressive and one which has been misapplied to deprive the Citizen of Rights guaranteed by the United States Constitution and the state constitutions.

TAXING POWER

“Any claim that this statute is a taxing statute would be immediately open to severe Constitutional objections. If it could be said that the state had the power to tax a Right, this would enable the state to destroy Rights guaranteed by the constitution through the use of oppressive taxation. The question herein, is one of the state taxing the Right to travel by the ordinary modes of the day, and whether this is a legislative object of the state taxation.

The views advanced herein are neither novel nor unsupported by authority. The question of taxing power of the states has been repeatedly considered by the Supreme Court. The Right of the state to impede or embarrass the Constitutional operation of the U.S. Government or the Rights which the Citizen holds under it, has been uniformly denied.” McCulloch vs. Maryland, 4 Wheat 316.

The power to tax is the power to destroy, and if the state is given the power to destroy Rights through taxation, the framers of the Constitution wrote that document in vain.

“…It may be said that a tax of one dollar for passing through the state cannot sensibly affect any function of government or deprive a Citizen of any valuable Right. But if a state can tax…a passenger of one dollar, it can tax him a thousand dollars.” Crandall vs. Nevada, 6 Wall 35, 46. …and… “If the Right of passing through a state by a Citizen of the United States is one guaranteed by the Constitution, it must be sacred from state taxation.” Ibid., p.47.

Therefore, the Right of travel must be kept sacred from all forms of state taxation and if this argument is used by the state as a defense of the enforcement of this statute, then this argument also must fail.

CONVERSION OF A RIGHT TO A CRIME

As previously demonstrated, the Citizen has the Right to travel and to transport his property upon the public highways in the ordinary course of life and business. However, if one exercises this Right to travel (without first giving up the Right and converting that Right into a privilege) the Citizen is by statute, guilty of a crime. This amounts to converting the exercise of a Constitutional Right into a crime.

Recall the Miller vs. U.S. and Snerer vs. Cullen quotes, and, … “The state cannot diminish Rights of the people.” Hurtado vs. California, 110 US 516. …and… “Where rights secured by the Constitution are involved, there can be no rule making or legislation which would abrogate them.” Miranda, supra.

Indeed, the very purpose for creating the state under the limitations of the constitution was to protect the rights of the people from intrusion, particularly by the forces of government.

So we can see that any attempt by the legislature to make the act of using the public highways as a matter of Right into a crime, is void upon its face.

Any person who claims his Right to travel upon the highways, and so exercises that Right, cannot be tried for a crime of doing so. And yet, this Freeman stands before this court today to answer charges for the “crime” of exercising his Right to Liberty.

As we have already shown, the term “drive” can only apply to those who are employed in the business of transportation for hire. It has been shown that freedom includes the Citizen’s Right to use the public highways in the ordinary course of life and business without license or regulation by the police powers of the state.

CONCLUSION

It is the duty of the court to recognize the substance of things and not the mere form.

“The courts are not bound by mere form, nor are they to be misled by mere pretenses. They are at liberty — indeed they are under a solemn duty — to look at the substance of things, whenever they enter upon the inquiry whether the legislature has transcended the limits of its authority. If, therefore, a statute purported to have been enacted to protect…the public safety, has no real or substantial relation to those objects or is a palpable invasion of Rights secured by the fundamental law, it is the duty of the courts to so adjudge, and thereby give effect to the Constitution.” Mulger vs. Kansas, 123 US 623, 661. …and… “It is the duty of the courts to be watchful for the Constitutional rights of the citizen and against any stealthy encroachments thereon.” Boyd vs. United States, 116 US 616.

The courts are “duty bound” to recognize and stop the “stealthy encroachments” which have been made upon the Citizen’s Right to travel and to use the roads to transport his property in the “ordinary course of life and business.” (Hadfield, supra.)

Further, the court must recognize that the Right to travel is part of the Liberty of which a Citizen cannot be deprived without specific cause and without the “due process of law” guaranteed in the Fifth Amendment. (Kent, supra.)

The history of this “invasion” of the Citizen’s Right to use the public highways shows clearly that the legislature simply found a heretofore untapped source of revenue, got greedy, and attempted to enforce a statute in an unconstitutional manner upon those free and natural individuals who have a Right to travel upon the highways. This was not attempted in an outright action, but in a slow, meticulous, calculated encroachment upon the Citizen’s Right to travel.

This position must be accepted unless the prosecutor can show his authority for the position that the “use of the road in the ordinary course of life and business” is a privilege.

To rule in any other manner, without clear authority for an adverse ruling, will infringe upon fundamental and basic concepts of Constitutional law. This position, that a Right cannot be regulated under any guise, must be accepted without concern for the monetary loss of the state.

“Disobedience or evasion of a Constitutional Mandate cannot be tolerated, even though such disobedience may, at least temporarily, promote in some respects the best interests of the public.” Slote vs. Examination, 112 ALR 660. …and… “Economic necessity cannot justify a disregard of Constitutional guarantee.” Riley vs. Carter, 79 ALR 1018; 16 Am.Jur. (2nd), Const. Law, Sect.81. …and… “Constitutional Rights cannot be denied simply because of hostility to their assertions and exercise; vindication of conceded Constitutional Rights cannot be made dependent upon any theory that it is less expensive to deny them than to afford them.” Watson vs. Memphis, 375 US 526.

Therefore, the Court’s decision in the instant case must be made without the issue of cost to the state being taken into consideration, as that issue is irrelevant. The state cannot lose money that it never had a right to demand from the “Sovereign People.”

Finally, we come to the issue of “public policy.” It could be argued that the “licensing scheme” of all persons is a matter of “public policy.” However, if this argument is used, it too must fail, as:

“No public policy of a state can be allowed to override the positive guarantees of the U.S. Constitution.” 16 Am.Jur. (2nd), Const. Law, Sect.70.

So even “public policy” cannot abrogate this Citizen’s Right to travel and to use the public highways in the ordinary course of life and business.

Therefore, it must be concluded that:

“We have repeatedly held that the legislature may regulate the use of the highways for carrying on business for private gain and that such regulation is a valid exercise of the police power.” Northern Pacific R.R. Co., supra. …and… “The act in question is a valid regulation, and as such is binding upon all who use the highway for the purpose of private gain.” Ibid.

Any other construction of this statute would render it unconstitutional as applied to this Citizen or any Citizen. Your Defendant was not and does not traffic anything nor was he involved in traffic as defined above or in any legal or other dictionary. There was no crime committed by your Defendant even if he had been the rider of a motorcycle on the date in question.

THEREFORE being your Defendant has committed no crime, for there are no injured parties or complaining parties with common law and/or statute standing, causing this court to lack jurisdiction as shown above, this sovereign, Xxxxxx Xxxx Xxxxxxx, (as denoted by his Affidavit of Common Law Citizenship) moves this case be dismissed in favor of your Defendant. If not dismissed, a stay is requested while this Brief is appealed to the higher courts.

June 30, 1998 ________

Xxxxxx Xxxx Xxxxxxx

Signed without Prejudice

By A Good and Lawful Christian

[ addr/phone# deleted –kk ] ———

another driver brief

Driver Licensing vs. the Right to Travel

http://www.cs.cmu.edu/~karl/govt/driver/

The entirety of what you find below is transcribed exactly from what was sent to me by a fellow liberty-minded person. It is itself a transcription of a brief, not a direct, per-character copy of the brief. This is unfortunate, but I’m trying to nail down some of the references, and especially some of the cases in which this particular brief was used. –Karl Kleinpaste, March 14, 1995.

The following has been used in at least three states (Pennsylvania, Ohio, and West Virginia) as a legal brief to support a demand for dismissal of charges of “driving without a license.” It is the argument that was the reason for charges being dropped, or for a “win” in court against the argument that free people can have their right to travel regulated by their servants.

The forgotten legal maxim is that free people have a right to travel on the roads which are provided by their servants for that purpose, using ordinary transportation of the day. Licensing cannot be required of free people, because taking on the restrictions of a license requires the surrender of a right. The driver’s license can be required of people who use the highways for trade, commerce, or hire; that is, if they earn their living on the road, and if they use extraordinary machines on the roads. In other words, if you are not using the highways for profit, you cannot be required to have a driver’s license.

This brief or the right it demonstrates is no substitute for either being safe on the road or for learning the subject of rights versus regulations thoroughly before attempting to use or act upon this information. ——-

The Accused therefore moves this court to dismiss the charge against him, with prejudice.

This ends the legal brief.
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In addition: YOUR CIVIL RIGHTS

Since no notice is given to people applying for driver’s (or other) licenses that they have a perfect right to use the roads without any permission, and that they surrender valuable rights by taking on the regulation system of licensure, the state has committed a massive construction fraud. This occurs when any person is told that they must have a license in order to use the public roads and highways.

The license, being a legal contract under which the state is empowered with policing powers is only valid when the licensee takes on the burdens of the contract and bargains away his or her rights knowingly, intentionally, and voluntarily.

Few know that the driver’s license is a contract without which the police are powerless to regulate the people’s actions or activities.

Few if any licensees intentionally surrender valuable rights. They are told that they must have the license. As we have seen, this is not the case.

No one in their right mind voluntarily surrenders complete liberty and accepts in its place a set of regulations.

“The people never give up their liberties but under some delusion.” Edmund Burke, 1784.

A thought on Driving

“Power can never be delegated which the authority delegating never possessed itself.”

N.J. Steam Co. V. Merchant Bank, 47 U.S. 344, 407

In General: The following matters are applicable when stopped by any law enforcement officer and are relevant whether no tag or any private tag is being displayed upon the motor vehicle or whether the vehicle is registered with the state agency which deals in such matters and all documents are in order, or the registration has expired, has been revoked, or whatever. Driving license and registration are irrelevant if the vehicle is not being used in a motoring activity on the public roadways which the state legislature presumptively has authority to regulate.

Remember: Relax and be pleasant. Forgive the officer because he is probably as linguistically, politically and jurally illiterate, ignorant and incompetent as your next door neighbor. If he respects your rights, you will be on your way. If he does not, and you know how to assert them, then you will see him, his supervisors and their attorneys in court and you will win there.

You are a sovereign member of a community of sovereigns all of whom have an unalienable right to travel. Therefore, it is appropriate to behave as a sovereign member of the American nation rather than as a bond-slave or whatever other kind of 2nd class citizen allegedly subject to the will of an elitist class operating by and through their puppet instrument: the metaphysical and all too mythic entity often evoked as The State in all it�s fulsome, transcendental, de facto, corpora ficta glory.

Basic Elements: When the officer asks you his first question, it is imperative to answer his question by putting him on “good faith” notice that you do not voluntarily consent to being detained and, then, posing to him your own questions. If you do not personally establish by your own statement that you do not agree to be stopped, then you are said to allow a presumption to be created that you do agree to being detained.

After you state that you do not agree to being stopped and detained, you must ask the officer if he is detaining you. If the officer answers he is not detaining you, then you must inform him that you will be on your way.

If the officer answers that he is detaining you, then you must ask the officer does he have a well founded probable cause that you have committed a crime known to the people�s common law as his basis for detaining you and that you expect a “good faith” answer from him. If the officer states he has no such well founded probable cause, then you must inform him that you will be on your way.

If the officer states that he does have a well founded probable cause, it had better be connected to your committing some felony crime against the people or breach of the peace known to the common law of which he has knowledge. If his “probable cause” proves to be merely connected with The State�s traffic regulatory-related administrative law scheme, to include any local traffic regulatory-related ordinance, then he is violating your sovereign right to life, liberty and property and by his detaining you he is holding you under false arrest and false imprisonment pursuant to the common law. Of course, if at the same time you are stopped you really are a party subject to the administrative law or ordinance he thinks you have violated, then his probable cause may have a legal basis. But unless you are stopped while driving a school bus or some similar state employee activity, the odds are slim indeed that you are subject to your state�s traffic regulatory scheme. Recognize that there are constitutional arguments which will defeat a traffic law violation charge no matter the circumstances.

Should the officer detain you without stating any probable cause reason after you proper good faith demand or can only claim some administrative law violation without being able to show his probable cause grounds why he thinks you are subject to it, then he is proceeding under color of office. He is using color of process. This is proceeding under color of law. Tort damages and “civil rights” violations-related damages are in the making.

Remember that an officer may have just cause for stopping you, for example, if you are proceeding the wrong way down a one-way street, or the like. You have a duty and an obligation to observe the customs and rules of the road. No one is above the law – not even law enforcement officers, prosecutors and judges.

Every stop must be handled with the specific circumstances of the particular stop borne in mind. But in every case, if you truly understand the “law”, you need not become the victim of quasi police authority.

Script: A typical first statement from an officer runs to the effect: “LET ME SEE YOUR DRIVER�S LICENSE, REGISTRATION & PROOF OF INSURANCE.” Or it could be: “SO HOW IS YOUR AUNT RUBY?”

Whatever his first statement is, your answer is: “OFFICER, I DO NOT CONSENT TO YOUR DETAINING ME. ARE YOU DETAINING ME?”

He must acknowledge your statement and answer your question. Of course, he may ignore your statement and question and proceed in “jack boot” fashion. This will be a mistake for him as he is already violating your due process of law right to know if you are being detained. If he says: “NO, I AM NOT DETAINING YOU”, then he has a serious problem if he insists on asking any further questions or is in any way holding you up. At this point, it is appropriate for you to say: “THEN, I AM FREE TO GO. IS THAT NOT CORRECT?” He is now on the spot and must agree, whereupon you are on your way.

Of course, he may catch himself and say: “NO, YOU ARE NOT FREE TO GO.” This would be the same outcome as if he first answered with: “YES, I AM DETAINING YOU.” But at this point he has created a problem for himself. This is an issue of his training. Does he understand what it means to detain someone? Does he understand that any time he stops someone he is detaining them? Does he understand that if he says he is not detaining you, then you are free to go? Does he understand that as a law enforcement officer it is a legal absurdity to argue he is not detaining a person, yet they are not free to go? You must understand this kind of thing and bring it to his attention. You must understand how to get it over to him that he and his supervisors will be held accountable for the fact that he doesn�t understand how to conduct himself as a police officer.

For now, we will proceed by your moving to establish the nature of his business by asking a question along the following lines: “THEN, TELL ME OFFICER, ARE YOU DETAINING ME BECAUSE YOU HAVE PERSONALLY WITNESSED MY COMMITTING A MISDEMEANOR OR FELONY CRIME KNOWN TO THE PEOPLE�S COMMON LAW OR IS IT BECAUSE YOU HAVE A GOOD PROBABLE CAUSE TO BELIEVE I HAVE COMMITTED SUCH A MISDEMEANOR OR FELONY CRIME? WHAT IS THE CRIME YOU BELIEVE I HAVE COMMITTED AGAINST THE PEOPLE OF THE STATE OF _____? AND WHAT ARE YOUR GROUND FOR PROBABLE CAUSE?”

You have put him on the spot, whether he fully realizes it or not. If he cannot name a misdemeanor or felony crime known to the common law which are the kinds of crimes which can be committed against the people of the state, then he has a problem if he does not let you go. For all that is left for him now is to name some statutory crime created by the state legislature by way of enactment of some regulatory law, but which has no origin in our common law. In the instant case, we must assume that it likely pertains to the traffic regulatory law scheme.

Most likely he will evade answering your question by asking his own questions as though he were the only one with the right or authority to ask questions and you were the only one with a duty to answer whatever questions he chooses to ask and to answer them the way he expects them to be answered. Such is the nature of his training. Probably he really doesn�t know he is a state political trustee with a duty and obligation to answer your questions.

Therefore, he is likely to ignore your question and respond now with a statement such as: “LET ME SEE YOUR DRIVER�S LICENSE, REGISTRATION & PROOF OF INSURANCE” or “YOU ARE DISPLAYING AN IMPROPER TAG”. No matter what his statement, his actions relate to his presumptions you are engaged in a driving activity which requires you produce a so-called valid, state agency-issued driver license and vehicle registration along with evidence of current vehicle insurance whenever he detains you and asks for these documents. It will not matter why you were initially stopped. Understand that whether you have all the proper documents or none of them, that if you are engaged in no regulatable activity at the time of the stop, then the body of administrative law pertaining regulation pertains to a jurisdiction foreign to you.

Of course, the officer probably doesn�t have a clue about any of this. Therefore, no matter what course things take at this point, you must put the officer on his “good faith notice”. This means informing him you proceed in “good faith” and you require that he proceed in good faith and that if he fails to do so, the necessary conclusion will be he proceeds in “bad faith” contrary to his duty as a public servant with self evident intent to “irreparably harm, damage and injure you”. You say: “OFFICER, BEFORE WE GO ANY FURTHER, I MUST GIVE YOU MY GOOD FAITH NOTICE. FIRSTLY, DO YOU UNDERSTAND THAT NO ONE IS ABOVE THE LAW AND THAT YOU ARE OBLIGATED TO OBEY THE LAW AS I AM?”

If he answers “YES” to your question, then state: “WELL OFFICER, DO YOU UNDERSTAND THAT THE TRAFFIC REGULATORY LAWS OF THIS STATE ARE ADMINISTRATIVE LAWS AND THAT I AM PRESENTLY ENGAGED IN NO REGULATABLE DRIVING ACTIVITY WHICH CAN POSSIBLY MAKE ME SUBJECT TO THOSE LAWS?”

Of course, he doesn�t have a clue here either. His training never included such facts. Therefore, you will again have to remind him of his good faith obligation to level with you and admit he doesn�t know.

At this point it is appropriate to present him with a copy of your “Good Faith Notice by Actual and Constructive Notice” (see Vol. 2, Appendix C) and tell him to review it. Explain to him that having been put on actual and constructive notice regarding the law he presumes to enforce and his good faith obligations as a state political trustee, he will later have no affirmative defense that he didn�t know the law or that in good faith he charged you with violating various provisions of said laws anyway.

Ask him: OFFICER, DID YOU SWEAR TO UPHOLD THE STATE AND FEDERAL CONSTITUTIONS?” He must say “YES”. If he says “NO”, that makes things worse for his supervisors. Ditto if he evades answering altogether.

Then ask him: OFFICER, HAVE YOU READ AND DID YOU UNDERSTAND THE STATE AND FEDERAL CONSTITUTIONS AS PART OF YOUR TRAINING?” This is another critical question. Do not be surprised to learn that his training included nothing about the state and federal constitutions. Then say: OFFICER, AM I TO UNDERSTAND THAT YOU DO NOT UNDERSTAND THAT THE “DECLARATION OF RIGHTS” OF OUR WRITTEN STATE CONSTITUTION AND THE BILL OF RIGHTS OF OUR FEDERAL CONSTITUTION HOLD PRIMACY OVER ALL OTHER ARTICLES? AM I TO UNDERSTAND THAT YOU DO NOT UNDERSTAND THAT THERE CAN BE NO LAW MAKING OR RULE MAKING WHICH DEROGATE OR ABROGATE THE UNALIENABLE RIGHTS OF THE PEOPLE?”

Your state�s law enforcement officers receive no training whatsoever regarding the laws to which we are all equally subject. As far as they are concerned, constitutional government does not exist. Most of the training they receive is based upon presumptions of authority which simply do not exist, including presumptions that every citizen is subject to the state and federal “fourth branch of (quasi-) government” schemes which your state and national political trustee legislators presume to have power to create.

If he cites administrative law to you, remind him that you are not engaged in any driving activity which is subject to the regulatory authority of the agency charged with administering and enforcing that administrative law and that furthermore it is self evident from the face of the state constitution that the traffic regulatory agency was never constitutionally sanctioned either to exist even in title or to perform any administrative or enforcement functions.

If the officer continues with his business of detaining you, then it is appropriate to say to him: “IF YOU ARE DETAINING ME, THEN, AS A SOVEREIGN AMERICAN CITIZEN, I HAVE A RIGHT TO KNOW WHAT IS YOUR PROBABLE CAUSE. IF YOU ARE DETAINING ME, THEN YOU ARE HOLDING ME UNDER ARREST AS FAR AS COMMON LAW IS CONCERNED. IN GOOD FAITH I ASK YOU (AND THEREFORE IN GOOD FAITH ARE YOU OBLIGATED TO DIRECTLY RESPOND) WHAT IS THE CRIME YOU BELIEVE I HAVE COMMITTED AGAINST THE PEOPLE OF THE STATE OF ____?

If the officer still proceeds with obvious intent to write you up on one or more traffic violations, then, before he does, it is appropriate for you to state and ask: “BY DETAINING ME AGAINST MY WILL, YOU ARE ARRESTING ME. BY THE ISSUE OF A CITATION YOU ARE ALLEGING I HAVE COMMITTED VIOLATIONS OF LAW WHICH CLEARLY HAVE NO FORCE AND EFFECT OF LAW ON SEVERAL CONSTITUTIONAL LAW DEFECT GROUNDS WHICH I HAVE ENUMERATED IN THE �GOOD FAITH NOTICE BY ACTUAL AND CONSTRUCTIVE NOTICE� AND WHICH YOU WILL NOT BE ABLE LATER TO SAY YOU WERE NOT ON ACTUAL AND CONSTRUCTIVE NOTICE REGARDING THESE JURISDICTIONAL DEFECT ISSUES. I MEAN NO DISRESPECT TO YOU, AND I UNDERSTAND THE DIFFICULTY OF YOUR JOB, BUT YOU ARE ON NOTICE THAT YOU PROCEED IN NO OFFICIAL CAPACITY.”

If the officer writes you up, it is appropriate for you to write on the ticket before he separates copies: “NO CONSENT TO DETENTION”. If the officer will not allow you to write such a statement, that is OK, because you are later going to write up an Affidavit of Truth & Facts which you are going to file with the Clerk of Court in the case, and you will indicate there that the officer did not allow you to write your statement.

Conclusion: Always remember your duties and obligations as a sovereign American motorist on the public roadways to observe the customs and rules of the road. At the common law, you are accountable for your actions while driving. Should you cause injury to life, limb or property of another, and following judicial proceedings conducted pursuant to your right to due process of law it is found that you are at fault, you should be prepared to make restitution to the injured party.

The role of the sovereign American motorist does not include a ticket for a free ride in the state of anarchy which the legal sophisticates have been so diligently constructing for generations for and on behalf of their elitist class masters.

The State�s quasi traffic regulatory schemes are built upon metaphysical constructs which are in direct conflict with American constitutional government. These schemes are justified and promoted using a 180 degree twist of legal metaphysical calculus to an argument that without these “fourth branch of government” schemes there would be anarchy on the streets and highways.

These arguments are, as much as anything else, smoke and mirrors to justify a police state upon the premise that people are no damn good and will only act responsibly when traveling if they fear they will be penalized by fines and imprisonment administered and enforced by the wizards, lackeys and stooges of The State instead of having to answer to the people in a proper judicial power court when they flagrantly disobey the common law rules of the road.

These traffic regulatory schemes, from the beginning, provided a ready forum for extortion, kickback, payoff and mutual back scratching schemes. Paramount among these schemes has been the evolutionary development of mandatory automobile insurance coverage, and the business of legal representation by members of private lawyer associations and syndicates whenever a motorist finds him or herself caught in the web of these traffic regulatory schemes.

Only the naive can take at face value the proposition that the traveling world can be a better place for everyone only where the rights to life, liberty, property, privacy, livelihood and due process of law of every motorist is controlled, managed, and generally abridged or abrogated, which is to say regulated, by licensure of him or herself and vehicle and by presumptively being required to have certain liability insurance coverage.

Likewise, only the naive are unaware of the profits which members of the lawyering class crank out of the many types of traffic-related cases brought into “traffic courts” where the entire proceedings upon scrutiny may sensibly be viewed only as orchestrated opera bouffe performances for the benefit of witless defendants/clients.

William Duff on Secrets & Traffic ticket resistance on net wdd.htm
http://www.doprocess.net/articles/article

Secrets they don’t want you to know
http://www.doprocess.net/articles/article secrets nma.htm

Secrets the Cops, the Courts and the Insurance Companies Don’t Want You to Know

Disclaimer: This page was originally found on the NMA Page , and all credit is given to them.

1.The purpose of insurance is to cover unusual risk. Since the act of exceeding an unreasonably low limit is hardly unusual or dangerous, the risk assumed by the insurance company is nearly non- existent. Therefore, any surcharges issued for speeding tickets are almost pure profit.

2.The profits that an insurance company generates from speeding ticket surcharges allow them to purchase more radar and laser guns to give away free to law enforcement agencies. This allows the police to ticket more people, which in turn ensures a constant flow of revenue to the insurance company. The units will perform their revenue-enhancement duties for 3-5 years, having paid for in less than one.

3.Thousands of speeding tickets are issued by traffic law enforcers who don’t know or care how to properly operate radar, VASCAR, or other speed-measurement devices. They are ignorant of proper operating procedures, performance characteristics, and common malfunctions or errors.

4.Traffic ticket fines are the cash cow of the court system. No other class of “crime” is as profitable for state and local governments as is that of traffic tickets. Traffic courts cannot be fair and unbiased when their financial welfare depends on traffic fines.

5.It is not true that writing more tickets will result in fewer accidents. A 1995 Memorial Day ticket-writing binge in Connecticut resulted in a 67% increase in accidents over the same time period in the previous year. The federal government paid $750, 000 to the state for that.

6.Many speed limits are deliberately set well below the prevailing speed of safely-driven vehicles. Doing so does not slow traffic but it does make a greater number of motorists eligible for a speeding ticket they don’t deserve.

7.There is no connection between receiving an occasional traffic ticket and the likelihood of being in an accident. Therefore, there is no justification for charging a person more for auto insurance just because they were convicted for a traffic violation.

8.Trivial or concocted traffic law violations are frequently used as an excuse to stop, detain, and search persons for whom the police have no otherwise legitimate reason to do so. “Probable cause” or “reasonable suspicion” are inserted after the fact and only if the motorist lodges a formal complaint.

9.A large proportion of the stop signs erected by local governments are illegal and in violation of state traffic regulations. They know that people don’t stop for them since the intention is to use the signs as speed control devices. This proliferation of stop signs merely increases the number of motorists who can be cited for failing to stop when there is no reason to.

10.The best protection against the “good ole boy” system where the judge, district attorney, and the arresting officer are on a first-name basis is the jury trial. Jury trials are time-consuming, expensive, and diminish the profitability of the traffic ticket system. Therefore, state-by-state, the right to a jury trial is being incrementally denied to traffic ticket defendants, all under the guise of being more fair when actually it is less.

11.Only a small fraction (about 2%) of all traffic tickets are seriously contested. The vast majority of these contested tickets are dismissed or the defendant is given a significantly reduced penalty. If just 10% of the people who received citations fought their tickets, the entire system of government extortion would collapse within a matter of months.
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More on the “Right” to travel !

courts
tickets
no right to travel

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Dear Journal,

Jim Hall says our highways are dangerous. I agree. And for that reason I protect myself at all times when driving. Consistent with my Responsibility “not to harm another” I also protect those around me by choosing to use my property in such a way that will not harm them.

I am 52 years old and have almost no history of harming others on the roadways. The one time I did harm someone else was an incident to which I was at fault, having made a bad choice, that amounted to $106 damage to someone’s auto and no harm to their person. I paid the $106 which completed my responsibility to the person I caused harmed. I recognize that some people have greater or lesser stories to tell. I also recognize that none of the other stories alter the principle expressed in the story I just told you about my experience.

What is that principle? Our Constitution guarantees citizens the right to own and use property in whatever way they choose, without government interference, so long as they harm no other citizen. (No Harm, No Foul). (See Spann vs City of Dallas find it at http://www.claimhelp.com/traffic. Should we harm another, then and only then do have the obligation to correct that condition. Our collective and fundamental wish to harm no other is correctly assumed by our constitution.

What role “Can” Government play in this process?

1.) Government has a duty to educate the population to the risks and hazards on the roadways including road signs that inform people about special risks and hazards.

2.) Government has a duty to oversee the implementation of that responsibility of Citizens for those they harm and to cause the satisfaction of that responsibility should the responsible party not be willing to do so voluntarily.

3.) Government has the duty to determine who the injured party is when that is not apparent or is disputed.

4.) Government has the duty to identify and prosecute all responsible parties where the fact that harm was “Intended” can be demonstrated beyond a shadow of a doubt.

Government can not responsibly and Constitutionally go Beyond these activities without invading the province of the citizen through the infringement of Constitutional Rights.

What does all this have to do with Jim Hall, his commission, it’s recommendations and the resulting law that arise there from? Simply that Jim Hall, et al, does not recognize the 4 elements described above as being the outer limits of governmental authority and capacity to manage the function of this society. Jim’s, et al, efforts go far beyond these limits. When government goes beyond these limits it does not seek a constitutional society.

Jim , et al, would have us all believe they have the ability to prevent or limit the misjudgments responsible for 99% of the traffic accidents and deaths if we will allow the government to enforce laws that punish people who have harmed no one. Such belief and the governmental actions those beliefs lead to are unconstitutional in nature and contain far more illusion than reality. The body of laws that are used to enforce this belief are defective. They are supported by Positive Law (case law) promulgated by appeals courts and supreme courts through historical decisions that have evaded and alienated “Unalienable” Law. This Positive law has had the effect of Amending the Constitution without the ratification of three quarters of the States and without the public debate that precedes an Amendment process. A few appointed men have controlled such lawmaking and as a result the NO Harm, No Foul ideology has given way to the punitive and arbitrary oligarchic parental ideology Europe has struggled with for thousands of years.

The people of this country are no longer allowed to decide whether these laws should exist or not. The representatives of the people are deluded and confused into believing that these proposed laws are good for the people. The courts will also not allow a jury to judge the constitutionality of such law.

In Summary

I have demonstrated through our constitution, common sense, and with fundamental regulatory procedures, seen everywhere, that our government has stealthily scrapped The Supreme Law of the Land (our constitution) in favor of an oligarchic system that moves not at the whim of the American people but at the whim of that government and those few men. By whim I mean; by whatever means by which this government can convince the American people that safety and security is a good trade for rights and responsibilities. Whether or not that safety and security is an illusion who’s major beneficiary is government itself never seems to make the news in any substantial way. Courts refuse to allow juries to pass judgment on such laws as have been described herein.

Thus we as a people have absolutely no way to correct the unconstitutional way in which we now must live. The media, who gives voice to every governmental agency and body refuses to provide the necessary teaching environment we the people must have in order that we may substantively address this problem. We are relegated to the hiding (the safety available deep within the group of like kinds) the majority of our people now practice. Is it any wonder that people who study these dynamics in our society refer to the average American as Sheeple? How many times in the history of the world has this very social dynamic resulted in catastrophic events? When will the media finally realize this must be addressed publicly and often in order for us to escape the building event. When will the media take it’s eye off it’s profit line and give back to this country some of what has provided that profit for so long. Beyond it’s own, who’s wellbeing is the media protecting? It Is the media who must take the lead because only the media contacts us all on a daily basis.

We will not rid our society of the Jim Hall’s of this nation until the media better educates itself and shares that education with all the people or until another internal war rips us apart. If anyone in the media doesn’t consider that an internal war is possible they are not paying attention to the the power that gut level anger has. The symptoms are obvious for all to see; Murah, columbine, the Atlanta school shooting, the gang violence, patriot teachings, militia readiness teachings, 35 million Americans that refuse to file taxes, the current uprising over the proposed New World Order, the 35 million traffic citations given to citizens who have harmed no one, and on and on and on. All this tells us that a parental government isn’t working.

In the final analysis, those in departments and commissions of government must be cognizant of the limits defined herein and not be willing to breech that boundary. The fact that they currently more than willing to do so, as Jim Hall has demonstrated, is not an act of service to this nation or it’s people.

From the Desk of William D Duff
http://www.dueprocess.net/
wdd@dueprocess.net ————-

http://www.doprocess.net/articles/article
duff on regulation wdd.htm

DUFF ON REGULATION

RE: REGULATING TRAFFIC 10-05-99

Remember this one fundamental rule as you read this article;

You, as a citizen of the United States of America, possess an unalienable right to OWN and to CHOOSE the USE of YOUR PROPERTY without the interference of government. This is how private citizens maintain the right of Choice. Choice, then, is a necessary element of the Right to own property. Why? What value would there be in owning a thing if someone else could tell you when, where and how you would use it?

The right to travel is another of our protected rights. When we use our private property to travel, the Choice we make in the use of our property doesn’t disappear as the state would have us think.

These unalienable rights have ONLY ONE limitation. That limitation is that each of us, and our choices, HARM NO ONE.

That is the sum total of your responsibility to society for any right we exercise. There can be no higher degree of care than the responsibility we must take, along with our unalienable Right of Choice, to harm no one. This means, simply, that if we do cause harm, no matter what the reason, we must take responsibility for that harm.
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REGULATION OF TRAFFIC

Now that we have that fixed firmly in mind, lets talk about Regulation of traffic and it’s relationship to our current governments predisposition to limit our choices thru the use of civil and criminal penalties for failing to follow the regulatory scheme. We get into this subject by first taking a good hard look at the relationship between the citizen (with its unalienable right to choose) and the authority of the State (re; use of it’s police power to protect the health and welfare of the people) and how those two awesome authorities interact while maintaining both in accord with the Constitution. Once we fully understand this concept, we can move on to understand that regulation has no relationship to “Victimless” traffic tickets where private citizens are concerned.

The power of the State, when individual rights are involved, was never intended to ascend to a parental role. As a matter of fact, the Constitution specifically precludes States from taking on such a role. (see Article VI clause 2 of the Constitution of the United States of America) This Document and the laws made in pursuance thereof (in accord with it) is the Supreme Law of the Land (this is the supremacy clause). That can only mean that the rights protected to citizens are not assailable by the State since the rights protected in the constitution are The Supreme Law of the Land. The unalienable nature of these rights can only mean, they can not be abridged, rescinded, revoked, waived or even given away, not even with the consent of the right holder. Having demonstrated all that, it may be possible that the reader recognizes this absolute environment doesn’t really exist in this country. If you did, sadly, you would be right.

Outrageous comments made to me by lawyers, city attorneys, prosecutors and judges such as; “The Constitution doesn’t reach this far down” (city attorney speaking at a city council meeting defending the right of the city to repeal the right to jury trials in the city charter), or as; “the framers never envisioned cars with the capability of doing 100 mph” (a judge defending his parental leaning to which I responded “yes they did your honor, they made the citizen responsible for his choices gone bad”), or as; “Unalienable rights as they exist in the Constitution no longer exist” (a prosecutor being honest from his view) or as; “technically, you are right, but even if you get a court in this country to say you are, it will change nothing, they won’t publish the case”. All these comments make very clear the mindset of our legislative and judicial systems. The guarantees inherent in the constitution are an unwelcome complication in their lives. They just don’t see how they can make government work in the face of these individual rights. Clearly This class of person will say anything and do anything to undermine that which stands in the way of their perceived right of paternalism, including trashing our fundamental protection…… The adage; Power corrupts and absolute power corrupts absolutely is again proven to be a material truth by these coat and tie soldiers of the state.

As one might guess from reading the previous two paragraphs, asserting their right to choice may be a perilous venture in the current environment. What will it be? Paternalism (see Duff on Paternalisms)? or Choice and Responsibility? Right now in 1999 the answer seems to be Paternalism, at least where the courts and legislators are concerned. Not much deep critical thinking going on in that environment.

All should recognize by now that In a parental environment the child only exercises those rights approved by the parent. By contrast, in our constitutional environment the parent is the individual and the individual is free to do whatever that individual chooses, excluding only harming another. If our government does the choosing there can be no freedom that is not approved or disapproved by our (Parent Like) government. It is Material that both freedom of choice and a parental government can not exist in the same environment. Only the illusion of freedom remains when the government seeks be a parent.

In pursuit of the understanding of regulation of traffic this struggle for dominance between Paternalism and Freedom of Choice is where the battle line is drawn.

Let me begin the definition of regulation by asking a question or two; center lines, lane markings, road edge lines, cross walks, painted arrows, RR signals, speed signs etc, etc.

What do all these signs and regulatory markings have in common?

A. They are the visual rendering of what regulating traffic means. In so doing they are informing citizens about probable hazards that lay ahead so that citizens have adequate information with which to make good decisions.

What duty is added to a private citizen by regulation of traffic?

A. Absolutely none. Why? All citizens have a pre-existing duty to harm no other. It makes no sense for the state to attempt to enlarge on that material fact as no greater degree of care can be applied than that which the citizen is already duty bound to provide.

What is meant by Regulation?

The State, in its charge to provide for the health and welfare of the people, has a duty to inform private citizens in matters where their safety and welfare might be at risk. (remember, the State is the SERVANT of the people) This regulation (as shown above and that we all find in almost all walks of life) is the resulting product of that duty. That is the job we gave them to do.

Here is a California Appellate decision supporting the definition I just provided.

To �regulate� means to adjust by rule, method, or established mode; to direct by rule or restriction; to subject to governing principles of law. It does not include power to suppress or prohibit. McCoy, In re (1909) 10 CA 116, 137, 101 P 419. (emphasis added)

There are two fundamental reasons why regulation is limited in this way.

First and foremost, To inform the private citizen (who has the right of choice and just as importantly the responsibility to harm no one) about potential hazards that lie ahead. The better the State does this job, the safer it is for private citizens and the more likely the citizen will be to make a safe choice.

Secondly, To mandate actions to be taken by those entities in this society who are doing business on the roadways of America (in other words those that DO NOT have a Right of choice). This mandate carries with it the full force, authority and enforcement of the Police Power of the State. Why? Answer; To further fulfill the State charge to provide for the safety and welfare of the People.

REGULATION is the PLAN we all follow that allows us to minimize the inherent risk in a free society. Where a government or even a society seek to criminalize actions contrary to the plan (regulation) without there being a clear and present harm or danger of harm attendant to that act the resulting environment is not freedom because a primary element of freedom is destroyed, “Choice”. This is a concept the framers of our constitution knew very well and protected for us. Consequence to that fact, Governments that enact and enforce criminal laws against acts of individuals who harm no one are not only unconscionable, they are unconstitutional.

wdd ————

http://www.doprocess.net/articles/article
how to cop stop aclu.htm

What to do if you’re stopped by The Police

A. General
Searches without warrants generally come to the attention of a judge in the form of motions to suppress evidence made by defendants. See �2.5-3 of this Benchbook regarding motions to suppress.

B. Searches of Persons and Places

The legality of a warrantless search depends on whether an exception to the warrant requirement applies. The following are recognized exceptions to the search warrant requirement.
Search Incident to a Lawful, Custodial Arrest. An arresting officer may make a valid warrantless search of the person being arrested and that portion of the premises within the arrestee’s control. Chimel v. California, 395 U.S. 752, 89 S. Ct. 2034, 23 L. Ed.2d 685 (1969); U.S. v. Robinson, 414 U.S. 218, 94 S. Ct. 467, 38 L. Ed.2d 427 (1973); New York v. Belton, 453 U.S. 454, 101 S. Ct. 2860, 69 L. Ed. 2d 768 (1981)(upholding warrantless search of the passenger compartment of a car in which the defendant had been riding after defendant placed under custodial arrest). But see State v. Kaiser, 91 N.M. 611, 577 P.2d 1257 (Ct. App. 1978) (search of defendant�s luggage not made incident to lawful arrest when luggage was not within defendant�s immediate control and defendant could not have destroyed evidence or seized a weapon).
a. The search and seizure will be invalid if the arrest is invalid. Compare Michigan v. De Fillippo, 443 U.S. 31, 99 S. Ct. 2627, 61 L. Ed.2d 243 (1979).

b. The arrest must be made before the search.

c. The search should be made immediately after the arrest.

d. An arrest is not valid if it is merely used as an excuse to search a person or place.

e. A warrantless arrest is valid if based upon probable cause to believe a crime has been committed by the person arrested. Probable cause may be established by information obtained from an unidentified informant as long as the police corroborate the information with other evidence, such as police reports or verification of informant’s description. State v. Jones, 96 N.M. 14, 627 P.2d 409 (1981).

Plain View. If an officer sees contraband or other incriminating evidence in plain view while he or she is conducting a lawful investigation, the officer may seize such property without benefit of a warrant. If the seized property establishes probable cause, may make a warrantless arrest. Coolidge v. New Hampshire, 403 U.S. 443, 91 S. Ct. 2022, 29 L. Ed.2d 564 (1971); Horton v. California, 496 U.S. 128, 110 S. Ct. 2301, 110 L. Ed. 2d 112 (1990). Seeing contraband in plain view does not constitute a search. However, a warrant is required before a police officer may enter an automobile to seize evidence that is in plain view, unless exigent circumstances or another exception to the warrant requirement exists. State v. Jones, 2002-NMCA-019, 131 N.M. 586, 40 P.3d 1030.
Exigent Circumstances. Premises may be searched without a warrant if exceptional circumstances exist (also known as “exigent” circumstances).
a. An exigent circumstance is a situation requiring swift action to prevent imminent danger to life or serious damage to property. State v. Copeland, 105 N.M. 27, 727 P.2d 1342 (Ct. App. 1986).

b. The claim of an extraordinary situation is measured by the facts known to the officers at the time they are called upon to act.

c. Imminent escape: This situation is not limited to a chase but also includes those situations where swift action is needed to forestall an escape. State v. Chavez, 98 N.M. 61, 644 P.2d 1050 (1982). The “imminent escape” emergency justifies a warrantless entry into the residence of a suspect for the purpose of an arrest.

d. Contraband: An officer may search without a warrant when he or she has good reason to believe that contraband may be immediately removed or destroyed. State v. Ortega, 117 N.M. 160, 870 P.2d 122 (1994); State v. Trujillo, 95 N.M. 535, 624 P.2d 44 (1981).

e. Even if a law enforcement officer has legal possession of sealed boxes, the officer may not conduct a warrantless search without the presence of exigent circumstances. Walter v. United States, 447 U.S. 649, 100 S. Ct. 2395, 65 L. Ed.2d 410 (1980).

f. Hot Pursuit. Although �hot pursuit� is often referred to as an exception to the warrant requirement, the fact that officers are in hot pursuit of a defendant does not necessarily justify a warrantless entry and search absent exigent circumstances and a valid purpose for entering. State v. Moore, 92 N.M. 663, 593 P.2d 760 (Ct. App. 1979).

Consent. A person may voluntarily consent to a search. By a voluntary consent the person waives the right to be free from a search without a warrant. State v. Cohen, 103 N.M. 558, 563, 711 P.2d 3 (1985). Any evidence seized during a consensual search is lawfully seized.
a. Knowledge of the right to refuse consent is one factor to be taken into account when considering whether a person�s consent was voluntary. Schneckloth v. Bustamonte, 412 U.S. 218, 93 S. Ct. 2041, 36 L. Ed. 2d 854 (1973).

b. The consent must be given voluntarily; that is, the person must not be under duress or be coerced by the officer requesting the search. United States v. Mendenhall, 446 U.S. 544, 100 S. Ct. 1870, 64 L. Ed.2d 497 (1980).

c. The consent must be clearly and explicitly given. Permission to enter is not, however, permission to search.

d. The scope of the search is limited to the consent given. State v. Garcia, 199-NMCA-97, 127 N.M. 695, 986 P.2d 491.

Where two or more people have common use of or joint access to the premises, a relationship to the premises based on right of occupancy, possession of a key to premises, individually owned property on the premises, or community property interests, and where only the consent of one of these people has been given, the search is a valid consensual search; provided that there is no showing that police took the non-consenting defendant’s personal property from an area reserved for his or her exclusive use. State v. Hensel, 106 N.M. 8, 10, 730 P.2d 126, 128 (Ct. App. 1987); State v. Madrid, 91 N.M. 375, 574 P.2d 594 (Ct. App. 1978); State v. Kennedy, 80 N.M. 152, 452 P.2d 486 (Ct. App. 1969).
A private person who conducts a search for private purposes does not need a search warrant. U.S. v. Andrews, 618 F.2d 646 (10th Cir. 1980). Security searches made by airline employees acting under federal tariff regulations, for example, are private searches and do not require a search warrant.
Public school officials may conduct a warrantless search of a student’s person if he or she has a reasonable suspicion that the student has committed a crime or a violation of school rules or the official has reasonable cause to believe that the search will reveal evidence of the student’s violation of school laws or rules. New Jersey v. T.L.O., 469 U.S. 325, 105 S. Ct. 733, 83 L. Ed.2d 720 (1985); State v. Michael G., 106 N.M. 644, 646, 748 P.2d 17, 19 (Ct. App. 1987). But see Kennedy v. Dexter Consol. Sch., 2000-NMSC-25, 129 N.M. 436, 10 P.3d 115 (strip-to-undergarments search by school officials of all students in a class without individualized suspicion is an impermissible warrantless search). When police officers conduct a warrantless search of a student without the involvement of school officials, the higher standard of suspicion (probable cause) is required, even if the search occurs on school grounds. State v. Tywayne H., 1997-NMCA-15, 123 N.M. 42, 933 P.2d 251. Compare In the Matter of Josue T., 1999-NMCA-115, 128 N.M. 56, 989 P.2d 432.
C. Searches of Motor Vehicles

Probable cause is always needed to search a motor vehicle, whether the vehicle is parked, stopped for a license and registration check, or stopped for an investigation. Carroll v. United States, 267 U.S. 132, 45 S. Ct. 280, 69 L. Ed.2d 543 (1925); United States v. Ross, 456 U.S. 798, 102 S. Ct. 2157, 72 L. Ed.2d 572 (1982). Because a motor vehicle differs inherently from a residence or office due to its mobility and possibility of movement outside an officer’s jurisdiction, a motor vehicle may be searched without a warrant on facts that would not justify a warrantless search of a residence or office.
The scope of a warrantless search based on probable cause is no narrower and no broader than what would be authorized by a warrant. United States v. Ross, 456 U.S. 798, 102 S. Ct. 2157, 72 L. Ed.2d 572 (1982), overruling Robbins v. California, 453 U.S. 420, 101 S. Ct. 2841, 69 L. Ed.2d 744 (1981), and modifying Arkansas v. Sanders, 442 U.S. 753, 99 S. Ct. 2586, 61 L. Ed.2d 235 (1979). The scope of a search must be supported by probable cause. If the officer has probable cause to search the automobile for contraband, the officer can search every part of the vehicle (including the trunk), including all containers and packages, where the contraband might be found. The scope of a warrantless search of an automobile for contraband is not defined by the nature of the container (e.g. luggage or paper bag) in which the contraband is secreted. The scope of the search is defined by the object of the search and the places in which there is probable cause to believe that it may be found.
The automobile exception permitting the warrantless search of an automobile for contraband does not apply to a warrantless search of any movable container found in a public place which is believed to be carrying an illicit substance even when the container is placed in a moving vehicle, which is not otherwise believed to be carrying contraband. United States v. Chadwick, 433 U.S. 1, 97 S. Ct. 2476, 53 L. Ed.2d 538 (1977); Arkansas v. Sanders, 442 U.S. 753, 99 S. Ct. 2586, 61 L. Ed.2d 235 (1979).
Before a vehicle can be stopped, however, the officer must have an articulable and reasonable suspicion that a motorist is unlicensed, that an automobile is unregistered, or that either vehicle or occupant is otherwise in violation of the law. Delaware v. Prouse, 440 U.S. 648, 99 S. Ct. 1391, 59 L. Ed.2d 660 (1979). The stopping of only certain automobiles and the detaining of the driver in order to check license or registration constitutes an infringement of a person’s Fourth Amendment rights. The random stopping of vehicles does not constitute a general roadblock.
a. Random stopping and detaining constitute a “seizure, ” though the purpose of the stop is limited and the detention brief. Delaware v. Prouse, 440 U.S. 648, 99 S. Ct. 1391, 59 L. Ed.2d 660 (1979).

b. At the same time that an automobile may be subject to governmental regulations, a person operating or traveling in an automobile does not lose his or her reasonable expectation of privacy. State v. Bolton, 111 N.M. 28 (Ct. App. 1990); City of Las Cruces v. Betancourt; 105 N.M. 655, 735 P.2d 1161 (Ct. App. 1987).

For a warrantless search of a vehicle to be valid, there must first be a justifiable reason for stopping it.
a. An officer may stop a vehicle to lawfully arrest the driver for a violation of the Motor Vehicle Code. State v. Galvan, 90 N.M. 129, 560 P.2d 550 (Ct. App. 1977). The vehicle may be searched without a warrant as incidental to an arrest. The existence of a Motor Vehicle Code violation must not be used as an excuse for searching the vehicle for evidence of another crime.

b. As long as an officer has a reasonable suspicion, not merely a hunch, that a crime has been or is being committed, the officer may stop a vehicle for the purpose of investigating possible criminal activity, even though there is no probable cause to make an arrest. State v. Galvan, 90 N.M. 129, 560 P.2d 550 (Ct. App. 1977). Radio dispatches from investigating officers or an eyewitness description of a vehicle at the scene of a crime are valid reasons for making an investigatory stop of a vehicle. State v. Barton, 92 N.M. 118, 584 P.2d 165 (Ct. App. 1978).

c. A car being driven erratically near a border patrol checkpoint, where it is common to let illegal aliens out to walk around checkpoint, is sufficient reasonable suspicion to stop the vehicle for investigation. Once stopped, the occupants� evasive answers to officer�s questions, coupled with the erratic driving, established probable cause to search the vehicle without a search warrant. United States v. Brignoni-Ponce, 422 U.S. 873, 95 S. Ct. 2574, 45 L. Ed.2d 607 (1975); State v. Franco, 94 N.M. 243, 608 P.2d 1125 (Ct. App. 1980).

d. Roadblocks. An officer has authority to set up general roadblocks for purposes of checking sobriety, licenses and vehicle registrations. The roadblock may not be used as an excuse for searching the vehicle for evidence of crimes other than DWI and license, registration and insurance violations. City of Las Cruces v. Betancourt, 105 N.M. 655, 735 P.2d 1161 (Ct. App. 1987). In Betancourt, the New Mexico Court of Appeals set forth eight standards for determining the validity of roadblocks and guidelines useful in testing that standard. These guidelines must be used in determining the reasonableness of a roadblock. No one guideline is necessarily controlling as to whether or not a search was reasonable. Those guidelines are as follows:

i. Role of supervisory personnel: The selection of the site and procedures for conducting it must be made and established by supervisory law enforcement personnel rather than officers in the field. Ideally, the chief of police or other high ranking supervisory officials should make roadblock decisions.

ii. Restrictions on discretion of field officers: For a valid roadblock, it is important that the discretion of field officers be restricted. Automobiles should not be stopped randomly. It would (be) proper to stop every automobile. Alternatively, the procedural plan may properly include a mathematical selection formula, stopping, for example, every third automobile. Unrestricted discretion in determining which vehicle to stop leads to the evil we seek to avoid. it is also wise to instruct officers orally in writing on uniform procedures to be utilized when stopping motorists. As nearly as possible, each motorist should be dealt with in precisely the same manner.

iii. Safety: The safety of the motoring public and the field officer should also be given proper consideration. Here, we look to safety measures aimed at warning approaching traffic, the degree to which the roadblock causes traffic congestion and whether the roadblock is set up in such a way so as to put the motoring public and officers in unnecessary peril.

iv. Reasonable location: The location of the roadblock is significant in determining the degree of intrusiveness and safety of the public and police. Ingersoll. It will also impact on the deterrent effect of the sobriety roadblock and its detection value. Obviously, a location chosen with the actual intent of stopping and searching only a particular group of people, i.e., Hispanics, African-Americans, etc., would not be tolerated.

v. Time and duration: This factor also bears on the intrusiveness and effectiveness of the roadblock. Reasonableness is the standard. For example, sobriety checkpoints established during the late evening hours on a weekend may be reasonable to detect drunk drivers, while continuing the roadblock through Monday morning during rush hour might not be reasonable.

vi. Indicia of official nature of the roadblock: The official nature of the roadblock should be immediately apparent. Officers in the field should be uniformed; police cars should be marked; and warning or stop signs, flares and pylons are advisable. The roadblock scene should strike an appropriate balance to provide for high visibility at the roadblock, yet minimize the potential fear and apprehension to the public. In addition to being important for safety reasons, these indicia will reassure motorists that the stop is duly authorized.

vii. Length and nature of detention: The average length of time that a motorist is detained at the roadblock and the degree of intrusiveness should be minimized. This will avoid lengthy delays and traffic congestion. Initially, motorists should be detained only long enough to be informed of the purpose of the stop and to look into the vehicle for signs of intoxication. Where facts within the observation of the officer warrant further investigation, the suspected motorist should be asked to pull into a separate testing area so as not to unreasonably inhibit the flow of traffic.

viii. Advance publicity: The deterrence value of any roadblock and its reasonableness for sobriety checks will be enhanced if given widespread advance publicity. See also State v. Clark, 112 N.M. 500, 816 P.2d 1122 (Ct. App. 1991).

After a lawful arrest for Motor Vehicle Code violation, a valid license or registration check, or a valid investigatory stop, there is probable cause for a warrantless search of the vehicle if:
a. The officer sees contraband or other evidence of a crime in plain view. State v. Powell, 99 N.M. 381, 658 P.2d 456 (Ct. App. 1983).

b. The officer smells liquor or marijuana. Or,

c. The officer observes conduct reasonably related to illegal use of drugs or other criminal activity.

In addition, once arrested, the defendant and the defendant�s vehicle may be searched without a warrant as incidental to the arrest.
If the stop and/or arrest is initially valid or if the driver of gives consent to search and the consent is unlimited in scope, there is no issue of illegal search and any contraband found can be properly seized. United States v. Watson, 423 U.S. 411, 96 S. Ct. 820, 46 L. Ed.2d. 598 (1976); State v. Austin, 91 N.M. 793, 581 P.2d 1288 (Ct. App. 1978).
Generally, if it is practical to obtain a warrant to search a vehicle, a search warrant must be obtained. The following situations illustrate when a warrant should be obtained.
a. The vehicle is regularly parked in a specific location, like a person’s driveway.

b. The vehicle travels a regular route, for example, a delivery truck.

c. The vehicle is in a garage for repairs.

d. Probable cause to search has developed after a vehicle has been impounded. State v. Luna, 93 N.M. 773, 606 P.2d 183 (1980).

A warrantless inventory search of a vehicle is lawful if the following requirements are met:
a. the vehicle is in police control and custody;

b. police custody of the vehicle must be based on some legal ground and there must be some nexus between the arrest and the reason for impounding the vehicle;

c. the inventory is made pursuant to established police regulations; and

d. the search is reasonable, that is, it is intended to protect the owner’s property or to protect the law enforcement officer from false claims or potential danger.

If during a lawful inventory search, evidence of a crime is discovered, the officer should obtain a warrant before seizing the evidence, unless the evidence is contraband. If the evidence discovered is property, the possession of which is prohibited by law, such as drugs or drug paraphernalia, no search warrant is required before seizing the property. State v. Ruffino, 94 N.M. 500, 612 P.2d 1311 (1980); State v. Foreman, 97 N.M. 583, 642 P.2d 186 (Ct. App. 1982).
Inventory searches must be limited to the extent necessary to carry out the caretaking function. State v. Boswell, 111 N.M. 240, 244 n.6, 804 P.2d 1059, 1063 n.6 (1991). If the vehicle is left out on the road for a lengthy period of time before being taken into custody, a warrantless search is not authorized.
An inventory search of defendant’s automobile, lawfully parked at the scene of the crime, made after defendant has been arrested and booked, is lawful. State v. Williams, 97 N.M. 634, 642 P.2d 1093 (1982) The evidence obtained from the parked car will not be suppressed although the only connection between the car, the defendant and the crime is that the defendant is the owner of the car and the keys are found in defendant’s possession during booking.
Border Searches. Warrantless searches of automobiles crossing an international border (or its functional equivalent) are permissible if the vehicle searched is in the same condition as when the border was actually crossed and the officer has reasonable suspicion that the person or thing searched is involved in some illegal activity. State v. Gonzales, 97 N.M. 182, 637 P.2d 1237 (Ct. App. 1981).
A warrantless search of the automobile belonging to a driver who is providing the defendant with transportation is permissible because the defendant does not have a legitimate expectation of privacy while being transported in an automobile belonging to another. State v. Waggoner, 97 N.M. 73, 636 P.2d 892 (Ct. App. 1981).
Consent. A search and seizure of property may be valid if the defendant consented to the search. It is for the judge to determine whether the defendant consented to a search. See State v. Grossman, 113 N.M. 316, 825 P.2d 249 (Ct. App. 1991) (�Viewed with a presumption against waiver of constitutional rights, the testimony must show that the consent was unequivocal and specific and given without coercion.�).

To fight police abuse effectively you need to know your rights. There are some things you should do, some things you must do and some things you cannot do. If you are in the middle of a police encounter, you need a handy and quick reference to remind you what your rights and obligations are.

That’s why the ACLU is making these tips available as a downloadable .pdf file. You can photocopy this and carry it in your wallet, pocket or glove compartment to give you quick access to your rights and obligations concerning police encounters.
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ACLU – AMERICAN CIVIL LIBERTIES UNION
http://www.aclu.org/

ACLU “Bustcard”: Pocket Guidelines on Encounters with the Police
Complete instructions for printing the bustcard, and other resources on police reform are also available.

-Be polite and respectful. Never bad-mouth a police officer.

-Stay calm and in control of your words, body language and emotions.

-Don’t get into an argument with the police.

-Remember, anything you say or do can be used against you.

-Keep your hands where the police can see them.

-Don’t run. Don’t touch any police officer.

-Don’t resist even if you believe you are innocent.

-Don’t complain on the scene or tell the police they’re wrong or that you’re going to file a complaint.

-Do not make any statements regarding the incident. Ask for a lawyer immediately upon your arrest.

-Remember officers’ badge & patrol car numbers.

-Write down everything you remember ASAP.

-Try to find witnesses & their names & phone numbers.

-If you are injured, take photographs of the injuries as soon as possible, but make sure you seek medical attention first.

-If you feel your rights have been violated, file a written complaint with police department’s internal affairs division or civilian complaint board.

Internal Affairs
http://www.niaia.org/

Civilian Complaint Board
http://occr.dc.gov/occr/site/default.asp

Produced by the American Civil Liberties Union.
Copyright 1998, The American Civil Liberties Union
KEEP THIS CARD HANDY! IF YOU HAVE A POLICE ENCOUNTER, YOU CAN PROTECT YOURSELF.
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1. What you say to the police is always important. What you say can be used against you, and it can give the police an excuse to arrest you, especially if you bad-mouth a police officer.

2. You don’t have to answer a police officer’s questions, but you must show your driver’s license and registration when stopped in a car. In other situations, you can’t legally be arrested for refusing to identify yourself to a police officer.

3. You don’t have to consent to any search of yourself, your car or your house. If you DO consent to a search, it can affect your rights later in court. If the police say they have a search warrant, ASK TO SEE IT.

4. Do not interfere with, or obstruct the police — you can be arrested for it.

IF YOU ARE STOPPED FOR QUESTIONING
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1. It’s not a crime to refuse to answer questions, but refusing to answer can make the police suspicious about you. You can’t be arrested merely for refusing to identify yourself on the street.

2. Police may “pat-down” your clothing if they suspect a concealed weapon. Don’t physically resist, but make it clear that you don’t consent to any further search.

3. Ask if you are under arrest. If you are, you have a right to know why.

4. Don’t bad-mouth the police officer or run away, even if you believe what is happening is unreasonable. That could lead to your arrest.

IF YOU’RE STOPPED IN YOUR CAR
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1. Upon request, show them your driver’s license, registration, and proof of insurance. In certain cases, your car can be searched without a warrant as long as the police have probable cause. To protect yourself later, you should make it clear that you do not consent to a search. It is not lawful for police to arrest you simply for refusing to consent to a search.

2. If you’re given a ticket, you should sign it; otherwise you can be arrested. You can always fight the case in court later.

3. If you’re suspected of drunk driving (DWI) and refuse to take a blood, urine or breath test, your driver’s license may be suspended.

IF YOU’RE ARRESTED OR TAKEN TO A POLICE STATION
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1. You have the right to remain silent and to talk to a lawyer before you talk to the police. Tell the police nothing except your name and address. Don’t give any explanations, excuses or stories. You can make your defense later, in court, based on what you and your lawyer decide is best.

2. Ask to see a lawyer immediately. If you can’t pay for a lawyer, you have a right to a free one, and should ask the police how the lawyer can be contacted. Don’t say anything without a lawyer.

3. Within a reasonable time after your arrest, or booking, you have the right to make a local phone call: to a lawyer, bail bondsman, a relative or any other person. The police may not listen to the call to the lawyer.

4. Sometimes you can be released without bail, or have bail lowered. Have your lawyer ask the judge about this possibility. You must be taken before the judge on the next court day after arrest.

5. Do not make any decisions in your case until you have talked with a lawyer.

IN YOUR HOME
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1. If the police knock and ask to enter your home, you don’t have to admit them unless they have a warrant signed by a judge.

2. However, in some emergency situations (like when a person is screaming for help inside, or when the police are chasing someone) officers are allowed to enter and search your home without a warrant.

3. If you are arrested, the police can search you and the area close by. If you are in a building, “close by” usually means just the room you are in.

We all recognize the need for effective law enforcement, but we should also understand our own rights and responsibilities — especially in our relationships with the police. Everyone, including minors, has the right to courteous and respectful police treatment.

If your rights are violated, don’t try to deal with the situation at the scene. You can discuss the matter with an attorney afterwards, or file a complaint with the Internal Affairs or Civilian Complaint Board.
line
Internal Affairs
http://www.niaia.org/

Civilian Complaint Board
http://occr.dc.gov/occr/site/default.asp

Produced by the American Civil Liberties Union.
Copyright 1998, The American Civil Liberties Union

This is a collection of information maintained by RLC

Convo With A Judge About “Driving”

Me: “Your honor, I’d like to remind you that, according to the Uniform Commercial Code, that ‘driving’ is an occupational action and a commercial term for someone who is for hire to provide a service of transportation like a taxi or a person who is transporting merchandise to be sold, like a truck driver. Since nothing that I was doing while operating my personal private automobile was considered commercial, by definition, I was not driving because I was not involved in traffic. Going from point A to point be, even driving to work, is not considered driving if I’m not operating in a public commercial status, which is also known as traffic. I was merely traveling privately. Just because I use the same roadways, doesn’t mean I was operating in the same capacity. This is federal law, decided by the supreme court. I was traveling lawfully and need no license to do so. Licensing liberty law also says that my right to travel cannot be converted into a license and charged for a fee and that if such a litigation is written, which would be a violation of my right and infringe on my enjoyment of said right, then it charges no offense for me to not acquire a licence, ignore the litigation and proceed with impunity. I have no contract as a driver, no hours logged and am on no corporate payroll as such.”

Judge: “the definitions of the UCC aren’t valid in this situation, you have to have a license to operate a motored vehicle in the state of Ohio.”

Me: “what about what I said was unclear? Federal jurisdiction trumps your statutory jurisdiction as well. A motored vehicle is used for commercial purposes, which I defined for you previously. My personal automobile is household goods. And how are they not valid? Do you collect a revenue using federal reserve Notes in this court?”

Judge: “yes we do.”

Me: “that validates the federal jurisdiction of the UCC over this court. If you use federal money, then you have to abide by federal law and code… unless, of course, you’re saying you’re going to break federal law and code to extort me… Does the USC Title 18 part 1 chapter 13 subsection 241 and 242 apply to you if you infringe upon my rights and do me harm in the process? Hypothetically speaking of course…”

Judge: “hypothetically if that situation were to occur, yes.

Me: “If that federal code applies, then so does the UCC. You cannot pick and choose sir. You, yourself, are operating commercially on behalf of the court as an administrator of this municipality. So the UCC applies to you. I didn’t write the laws, I just found them. And, if we’re being honest, the officer, who brought this claim against me, should actually have state plates on his car since he is acting in a public capacity AND operating commercially to collect a revenue. But he doesn’t, he has private plates with police decals on them. You are allowing unlawful litigations to be enforced and do damage upon me financially and infringe upon my rights. Neither the state, nor the city, this municipality, nor you would have any standing in a federal court if you passed judgment on me over this while ignoring and violating federal law causing damage to me. Please have the bondsman bring forward the proper documents so that I can see who will indemnify me.”

Judge: “I will waive these charges and dismiss this case due to lack of evidence.”


Source: My Facebook buddy Yahhantoqeph Ben Yahuah

How to Beat Any Court Case in America

I am constantly getting the question: I got arrested and now I have court in a week what do I do??? Right away I want to say that the following strategy will NOT WORK for you if you have an actual victim or contractual obligation that require specific performance with government (like a drivers licensing agreement or tax filings where you admit to being a taxpayer). With that being said

The first step to avoiding Kangaroo Court is to challenge jurisdiction pre-arraignment, before any plea is entered (DO NOT ENTER PLEAS). You challenge jurisdiction by filing a Motion to Dismiss with Prejudice, WRITTEN SUBMISSION not oral arguments. You can file a Motion to Dismiss 30 seconds after you receive your ticket or release. You don’t need an arraignment date, or even a Judges name to proceed.

If you file a Motion to Dismiss PRE-ARRAIGNMENT, the Judge is estopped from entering a plea on your behalf. (Estopped = prevented, precluded)

She/He MUST ANSWER your Motion, yea or nay before any further court business may proceed. If the Motion is denied, you simply file a 2nd, then a 3rd. Eventually they will screw up and break the law. Usually they will do this by ignoring your Motion and attempting to reset, schedule another arraignment, which is what you want.

A judge has 10 days (generally) to rule on your Motion. The DA also has that same 10 day window to file a Motion to Strike YOUR Motion.

Silence is not an option.
They MUST respond or be in default.

Motion to Dismiss, Motion to Strike = Demurrer where not allowed.

In criminal cases, such as felonies unlike traffic tickets there WILL be an Affidavit, and a sworn complaint. The key to beating criminal cases is to prove official or juducial misconduct. A LEO lying on an Criminal Affidavit is a get out of jail free card for you, and a possible criminal indictment for him.

The biggest problem and missing link for anarchists, sovereigns, and people who wish to be free is ENFORCEMENT. Everybody knows somebody who did something once or twice, and everybody has a strategy or theory.

The key is enforcing the laws, disciplinary actions that are already on the books. The Constitution and every state Constitution has procedures in place RIGHT NOW to end the trickery.

Anarchists don’t believe it and sovereigns are hit and miss.

In your past case or even a new one, any case:

It all starts with the arraignment. If you file a Demurrer (California)/Motion to Dismiss (other states) based on lack of personal and subject-matter jurisdiction, they CANNOT PROCEED.

They cannot enter a plea on your behalf.
They cannot schedule a trial date.
They cannot RE-SCHEDULE an arraignment.

The Demurrer/Motion to Dismiss cannot be ignored.

The Judge MUST rule on the Demurrer/Motion to Dismiss before any other business proceeds. The district attorney (prosecutor) has the OPTION to challenge your Demurrer but doesn’t have to. The deadline is 10 days in most jurisdictions.

If the Judge doesn’t respond he is in default. If the prosecutor responds AFTER 10 days HE is in default.

You can then file a Writ with the Chief Clerk of that court or a higher court to dismiss the case entirely on procedural grounds violations.

You then file criminal affidavits with the State Attorney General. Find the affidavits associated with the arrests and find the provable lies in them. Affidavits are sworn under penalty of perjury. You lie, you go to prison. At a bare minimum, the case based on the false testimony will be thrown out and overturned. Think about death row inmates, life sentences are overturned everyday due to false testimony.

Once you open a criminal perjury case against the law enforcement officers, district attorney, judges, etc. the investigation becomes a matter of public record. The state attorney general IS NOT going to risk prison, destroying his life family political ambitions to protect a few dumb cops. And if he does, even better.

Whether the investigation leads to arrests and indictments is irrelevant. You have used the state attorney general as your own private investigator, for free. File a Freedom of Information Act request, Open Records Act request for ALL documentation. Then take that documentation to a lawyer for your civil suit.

That’s how you sue. Get the State AG to do your work for free, first.

JUDGES DO NOT discipline LAW ENFORCEMENT.

Only the Executive Branch can DIRECTLY discipline, investigate the Executive Branch. Supervisors investigate and discipline their subordinates, yes? That is the State Attorney generals role. So always remember to be making a record of everything and build your own case. You need to take pictures of ALL paperwork, letters given to you. The small details make a big difference.

If you have been a victim of official misconduct you have an open and shut case in your favor. You also have a personal civil claim against the citizen arrestor. You can also drop common law liens on him as well. Each State has its own rules, but since it will always be someone acting under the Color of Law it can go directly to the federal courts. In an abuse of power claim, you won’t win by saying they violated your Rights, but if you make the claim they overstepped their authority and that in effect denied your Rights and caused you damages they allow it. The Civil Rights claim should never be the main claim but the effect of their unlawful actions causing you harm in that it violated Rights.

File a criminal affidavit alleging perjury with the State Attorney general and State police as soon as you can. If a cop offers false testimony in an affidavit or trial there is a process for that too. And, if you don’t know or don’t follow the process, that’s on you. It could be the Mayor or Chief of Police it really doesn’t matter who it is.

The three branches of government are duplicated at every level.

Executive
Legislative
Judicial

I would advise people to avoid ALL civil rights claims. Why? Because the 14th Amendment is unconstitutional. So is the Civil Rights Act of 1964. Can you use their own unconstitutional laws against them? Sure! States Rights. The Supremacy Clause. But you are arguing against the Constitution when you argue civil rights violation. You don’t need the feds. Your state Constitution, legislature, Supreme Court, and State Attorney General is enough.

Use your state branches of government AGAINST EACH OTHER.

Use the State Attorney General and State Police against local law enforcement, district attorneys, Mayors, City Council and County Commissioners, and County Sheriffs. If the Governor and State Attorney General disobey? Use the State Legislature to investigate, and then IMPEACH them. You can also use the State Supreme Court and District Courts to seek injunctions (restraining orders) and Writs of Mandamus. You can always THREATEN them with THEIR laws and policies, but those policies are not there to protect US, obviously. I have determined that I will never seek protection under any code or policy, not even the Constitution.

Those are THEIR restraints, their rules, not mine.
Show me evidence of YOUR authority, I make no claims.

Stay out of court, do not make physical appearances. You want EVERYTHING IN WRITING.

Submit your interrogatories in writing. Do not get stuck in a physical cross-examination. They will lie. The Judge will sustain their objections and overrule yours. There may or may not be a record.

When you file your Motions (Objections), Interrogatories (Examinations), Requests for Discovery, Subpoenas Duces Tecum,
all IN WRITING, they can’t bully you or run game. They MUST RESPOND in writing, under penalty of perjury automatically. And they won’t ever want to do that. They will remain silent and risk losing the case by default rather than risk going to prison by making false statements. Get their response in writing, under penalty of perjury. If you don’t direct your objections, complaints, allegations PROPERLY, you will just get the runaround and become one of those who swear nothing works, nothing matters.

You do not pay traffic tickets at the Post Office, correct?
Do you get heart surgery at the dentists office?

It doesn’t matter what the initial charge is, honestly (unless you ARE guilty of a common law crime such as murder, assault,
theft). ALWAYS file a Motion to Dismiss with Prejudice the entire claim and a Motion to Strike any paperwork filed by others. Like the district attorney, or Plaintiff/Defendant in Civil suit.

EVERY AFFIDAVIT THEY WRITE IS A LIE! If there is no victim YOU ARE LYING!

No victim + No contract to perform = LIE

Theres only one answer/solution to the entire problem.

STOP
GOING
TO
COURT

From now on, all correspondence and Motions are to be submitted in WRITING. This FORCES them to respond in writing, on the record, with PROOF of their trickery. We have all been bamboozled by movies and television. You can fight an entire case and never have to set foot in court. Men on Death Row in Federal prison do it every day.

Every word uttered in a court room is entered IN WRITING FIRST. The only problem is, you never see those documents because your lawyer doesnt show you or give you his filings. We absolutely have to learn how to file ALL our own paperwork and ALL disciplinary paperwork Writs of Mandamus, Writs of Praecipe (order to dismiss sent to Court Clerkyes CLERKS have the power to dismiss cases).

Lets talk about handling your upcoming case.

It is quite easy to challenge jurisdiction without challenging jurisdiction by making them prove it with declarations because a challenge is equal to dishonor. When I use the term challenge, it is just because that is the legal term, and what people are familiar with. Properly done, you are asserting/declaring facts for them to rebut. Nothing more.

You can possibly use demurrers or motions as well but they need to specifically challenge the presumption of??jurisdiction and NOT argue statutory law or some other nonsense.

No victim + No contract to perform = No jurisdiction. Three things to remember.

If there is a victim, that gives Personal jurisdiction.
If there is a contract to perform, that gives Subject-matter jurisdiction

Its really just that simple.

Folks try to spin it 1,000 different ways, throw in legal mumbo jumbo, Latin phrases, the Constitution and they are just??walking into the spider web.

If you dont have a victim or a contract, you dont have a case. Leave all the extra crap out of it with these criminals and STAY ON MESSAGE. They are only playing with you because you are playing with them. So stop playing, start prosecuting non-performance.

When you file a motion to dismiss with prejudice they are stuck. There is literally nothing they can do except keep screwing up and digging a bigger hole for any appeal to a higher court.

They will keep resetting arraignments and ignoring your paperwork. I once went to arraignments 4 times in Clatsop county before they were able to get a good transcript, and the only reason why they were successful is because I was strapped to a chair in a little room in the jail appearing by video in the courtroom. Yes, I failed but at the time I didnt knew to never argue, never go to court, and never make oral motions or arguments or enter pleas. And when an involuntary plea is entered send a Declaration of Non-Consent to the court clerk.

The hardest part of all this is to KEEP IT SIMPLE and to the point. Leave out the extra stuff, emotional outbursts, disputable claims like; I am Sovereign, my birth certificate is money. You do not even need to cite points and authorities.

Again, lets all make sure we understand what Personal and Subject-Matter Jurisdiction is.

Personal Jurisdiction means that they have a claim on your PERSON, because you harmed or injured another PERSON.
Thats what extradition treaties are for. To bring your PERSON BACK to the scene of the crime.

Examples of courts with Subject-Matter Jurisdiction:

Tax Court
Vaccine Court
Bankruptcy Court
Traffic Court

These are all subject-matter jurisdiction venues because there is presumed to be a contract in place. They are specific issues, usually related to some sort of contract or business (commercial, UCC) dispute.

So, victims or contracts thats 99.99999999999% of it.
Two simple things. Not 30,000.

The governments try to say, well we have PERSONAL jurisdiction over our citizensyou live here, you??play by our rules which is pure lies. So next time ASK if you believe that to be true Mr. district attorney, prove it.??Show me proof of citizenship and the laws that govern citizens.

CODE is not LAW.

Thats why they are called a Transportation CODE, or a Municipal CODE, or a Tax CODE, or a Uniform CODE for Military Justice. Where is the contract where I agreed to your Code and citizenship and knowingly waived my Natural Rights? Show me the evidence and I will be happy to obey. Get the ideas of right and wrong out of your head and think objectively. How many people can afford to take off work, school and go to court even once a week? The answer is no one can afford that.

Going to court plays right into their hands and impoverishes YOU. Eventually you lose your job, run out of time, money, and energy. In addition to the possibility of saying or doing the wrong thing, being goaded into losing your temper and there you??go a free place to stay for a while for contempt. Not to mention possible getting your butt kicked, tazed, or even possibly murdered. Never put your physical person, body, or being in jeopardy unless you are CERTAIN of what you are doing and the
outcome.

There are people out there that are skilled and fearless in making physical court appearances. They are??secure in their knowledge and wont screw it up and say the wrong thing. This is NOT the average person. I do recommend going to court to watch how they operate though. Know your enemy. Some administrators (usually called judges) are looking for??reasons to help folks and some are looking for reasons to roast folks. If you go in there guns hot and popping off to one that intended to get you out of there and off their books, then youre done. Conversely, if you go in without putting them on notice from the get go, you are not going to have a good time. The only common denominators with folks winning, despite whatever strategy they use, is having no fear and the right psychology. Think of it as a game of poker, you have the winning hand and the river has already been turned. The most important thing is to comprehend YOUR OWN STATUS AND AUTHORITY. Youve already won unless you concede (and if you do it right).

All will continue to lose and miss money until you learn to handle these people ADMINISTRATIVELY.

What does that mean?

Paperwork. Drafted properly, submitted to the correct venue and ENFORCED with THEIR own rules, and skip the Points and Authorities when you are challenging the presumption of jurisdiction BEFORE arraignment or trial you dont need them.

Information and Belief

Language used in legal proceedings to qualify a statement and prevent a claim of perjury. A person???

https://www.law.cornell.edu/wex/information_and_belief

Information and Belief is similar to an affidavit but not subject to perjury charges if you are proven
wrong. Here is an example:

a) To the best of my knowledge I am not and have never been contracted with the State of California or the city of
Anaheim. The absence of documentary evidence proving a contractual relationship would indicate a lack of both personal
and subject-matter jurisdiction.

b) On the day/night in question I did not commit a common law crime, or damage any person or property. The absence of a
sworn affidavit, verifiable complaint, or forensic evidence proving I did commit a common law crime or am responsible
for damages, would indicate lack of both personal and subject-matter jurisdiction.

a) equals no contracts
b) equals no victims

You are challenging the presumption of both personal and subject-matter jurisdiction. Criminal and Civil and anything
else they are claiming. And now the ball is in their court to refute, rebut your information/affidavit.

If they dont and try to ignore you, they have lost by default. Now you just have to ENFORCE their default. To Enforce the default. You can perhaps use a notice of default, or summary judgement, but more importantly, EVERY government employee has supervisors, including judges. Climb the ladder.

Thats what I mean by enforcement and Im not talking about a court of appeals.

1. Use the judicial misconduct procedures.

2. File a Writ of Mandamus in a higher court district or circuit or Supreme to get the guy at the bottom to do
his job.

If you went to a burger joint and ordered a Big Mac and the drive thru gives you a fish combo, what do you do? Do you circle the drive thru 100 more times, complaining with each new fish sandwich or empty bag? Or do you get management involved?

What do you do if YOU are the OWNER?

Theres a multitude of bad things that can happen to a Judge who doesnt do her/his job and we were not taught to make these bad things come to life. So how exactly do you climb that ladder? So how exactly would you climb the chain of command in court? These are excellent questions, and one of the biggest pieces to this puzzle. People get frustrated or lose because they dont know the chain of command. ALMOST every court should have a Chief Justice and several clerks of which one is the Chief Clerk, and all lower courts are modeled after the national court structure the Supreme Court and District courts.

YOU dont get to decide some arbitrary response date. The Judicial Branch is governed by municipal code, local rules for counties and cities and California Rules of Procedure for all others. Most of which defer to the Federal Rules of Procedure
ALL of which outline the disciplinary actions that may be taken against wayward gov officials, and/or jurists.

Go after their employee fidelity bonds (more about that to come).

And in case you were wondering, a judge cant quash an affidavit or other filing unless you ALLOW him to. If they attempt to, a Notice of Default in Dishonor should be in order. Nobody can quash an affidavit. They either rebut or acquiesce. Period.
If they claim to have quashed your filing, that is just a way to them telling you that they have ignored it. Dont allow them to skate. This is also why I dont recommend going into courtrooms, because they are skilled professionals and are very good at deceiving people. You might say: So you are refusing to address my affidavit? My affidavit stands as fact unless you wish to rebut. Your willfull non-response will be administrative default Do you understand that I never gave you power of attorney so you dont have the authority to do anything but dismiss now?

Another really good question is: Are you a member of the BAR?
They will tell you that If your not going to enter a plea, then I will enter one for you. Which in reality is practicing law
from the bench and is both a felony and a crime that they do not have immunity from prosecution of, and you have to be the one to hold them accountable. They will usually just put it off for another hearing to try again.

If this happens, you enter in a notice of fault, in dishonor with opportunity to cure. Get it notarized, and give them one week before the next hearing to respond or dismiss/discharge, and also send copies to your state attorney general and state commissioner. You could give them 100 days and they still couldnt respond to what you send them send under their full commercial liability. Any affidavit that goes unrebutted stands as fact. I can say Im a pink elephant And if they dont respond then I am lawfully a pink elephant. If you are looking for the response time for Judges, DAs, prosecutors to respond/answer to Motions to Dismiss or Demurrers, typically the Plaintiff (prosecutor) has 10 days to respond to ANYTHING you filewith the Judge having discretion as to his response, or ruling.

In a physical appearance the Judge can answer immediately, possibly ignore you, adjourn the hearing proceeding until he
has had time to research the issue raised and THEN answer. Thats what is not happening in most cases of sovereigns, freemen, and Constitutionalists cases. Thats where the abuse of judicial discretion charge comes in. Go to the top State Attorney General, State Commissioner. File a Notice of Default in dishonor with an opportunity to cure, notarized and sent to the prosecutor. And if they dont respond, you file a civil suit.

 

Some people view the abuse of discretion standard as a judicial rubber stamp. (Cf. Wilson v. Volkswagen of America (4th Cir. 1977) 561 F.2d 494, 505-506.) It has often been said that a court acts within its discretion whenever there is an ???absence of arbitrary determination, capricious disposition or whimsical thinking.??? (People v. Preyer (1985) 164 Cal.App.3d 568, 573.) As long as the court acts within the ???bounds of reason??? (ibid.), the court does not abuse its discretion.

 

The abuse of discretion standard, however, is not an abstract test based on whether the trial court judge was totally irrational. Instead, the court discretion is grounded in the policy and purpose of the statutes or laws being ??applied. ???[T]rial court discretion is not unlimited. ???The discretion of a trial judge is not a whimsical, uncontrolled power, but a legal discretion, which is subject to the limitations of legal principles governing the subject of its??action, and to reversal on appeal where no reasonable basis for the action is shown. [Citation.] (6 Witkin (2d ed. 1971) Appeal, ?? 244, p. 4235 . . .)??? (Westside Community for Independent Living v. Obledo (1983) 33 Cal.3d 348, 355.) ???[J]udicial discretion must be measured against the general rules of law and, in the case of a statutory grant of??discretion, against the specific law that grants the discretion. [Citations.]??? (Horsford v. Board of Trustees of Cal. State Univ. (2005) 132 Cal.App.4th 359, 393-394.) ~ http://www.sdap.org/news-10-10-08.html

 

Learn about the Abuse of Discretion Standard, and how to Argue it. Virtually every argument in an??opening brief is deficient without setting forth the standard of review and explaining how there was error under the standard. It can be a little trickier if you have a potential criminal conviction and not just a traffic or municipal case, but the same basics apply. I know some of you are thinking, why dont they just give me the paperwork and shut up already? You absolutely have to understand what has gone wrong to this point and what NOT TO DO going forward. The paperwork is secondary to know knowledge base. Paperwork without proper understanding is a one way ticket to jail or the poorhouse. When you really wrap your head around this basic concept, you wont need the paperwork. You will be able to walk into any courtroom in America and successfully defend anyone sitting in there. Even felony criminal cases.

No matter what you have been led to believe, there is no such thing as magic bullets. Its a dogfight, not a 15 round boxing match that ends in a decision. You go for the throat and dont let go until they bleed out. Im protective over my docs because of I give them to anyone and everyone, and they lose, guess whos fault it is Oh hes a witchdoctor. He doesnt know what he is talking about he got me thrown in jail. No. YOU did. YOU either screwed it up or didnt follow through or didnt enforce it. I take pride in the years worth of the fruits of my blood sweat and tears.

Im willing to go in a cage because Im free regardless And that scares the pants off of these fraudulent??peon servants. They see it. They feel it. I speak with authority whether its with my filings or speak it with a smile into their beady little eyes. This information will not free you. Being free is up to YOU.

File a a false imprisonment criminal affidavit and a civil suit if you have been wronged, the precedent for the going rate is $1.8m per day, in case you didnt know. And alays keep it simple. Did they have a warrant? Did they contact the Department of State who then contacted you? For any felony complaint, they also have to testify to the US District court youre a corporation also known as a person before hand too. If they restricted your movement AT ALL, then you have a winner. Leave out all the nonsense.

First things first, you need to challenge jurisdiction with a Demurrer, or Motion to Dismiss before anything else. This CAN be done electronically or certified mail, or hand delivered. So as youve seen here and a zillion other places, it doesnt matter WHAT you file if the Judge ignores or denies your paperwork and you dont have the proper response.

If you are physically present in the courtroom, they can ignore your paperwork, jam you up and just railroad you. So, deny all verbal motions, all questions, all oral arguments. If you appear ON PAPER ONLY, with your response (Demurrer), obviously the court, district attorney cant respond verbally. This means they have to do so in writing. Which puts their careers in jeopardy if they lie, ignore, or violate your right to due process (which includes all the proper procedures).

So you file your demure challenge on time and properly. Then just sit back and wait for a reply? When there is no reply and the next scheduled court date arrives. What then? You file it again, this time with the additional due process and judicial discretion violations. You can also file to recuse, Writ of Mandamus to compel the judge to obey the law, Writ of Praecipe to
compel the court clerk to dismiss on procedural grounds.

File your paperwork on the day of court. It is not wise to give your adversary advance warning of your plans. This is the entire point of the stay out of court. Some will say, what if he issues a warrant? A judge who issues a warrant on a defendant who PROPERLY responded and appeared in court to challenge jurisdiction has perjured himself and committed a felony.

Its just that simple.

You should be ecstatic for a judge to issue a warrant if you file a Demurrer. Thats an instant cause for dismissal and multi-million dollar lawsuit. You have absolutely nothing to lose by making a Special Appearance on paper ONLY. Whether speeding, red light, seatbelt or even DUI, the bluprint is the same. The Demurrer (Cali, Texas other common law states) or Motion to dismiss is an OBJECTION. You are NOT arguing case law, historical precendents, the constitutionality of statutes. You are simply stating, This does not apply to me or the circumstances of this alleged claim. Thats it. Can you include all that other crap? Absolutely, but dont be like most and lose focus. The focus is YOU and YOUR status

So what would be the basis of your Demurrer/Motion to Dismiss with prejudice? The basis is your Affidavit or Information and Belief. We should all be familiar with an affidavit. An Information and Belief is EXACTLY THE SAME (minus the jurat aka penalty of perjury).

There are only 2 things to deny in your affidavit or Info & Belief

(a) I am NOT contracted with the State of California or any political subdivision therein

(b) I did NOT commit any common law crime, harm any person, or commit property damage on the day/night/time in
question.

Thats it.

A and B are both denials of personal AND subject-matter jurisdiction.

Once submitted, they cant be ignored and MUST BE REBUTTED with physical victims, documentary evidence (contracts,
surveillance footage, etc.) or a WRITTEN REBUTTAL from the Plaintiff (State) itself. No district attorney is going to testify that you committed a crime under penalty of perjury. They are ALWAYS under oath anyway.simply not going to risk it.

This is a sample, rough, not to be used in any other case or jurisdiction. But it will give you a feel for what your
affidavit or Info & Belief should look like. See sample here.

 

 

Be Careful Who You Listen to and Trust

bilde

Please be careful who you listen to, who you trust. Even be careful with what I say, use your own intuition. After all we are blessed with intuition and the ability to differentiate right from wrong. I would even expect you to question me and what I say, even though I know I would never intentionally lie to you.

The reason why I bring this topic up, is because there are infiltrators and provocateurs out there that are casting huge nets with which to build lists of names of individuals to be used later when larger scale round-ups of liberty minded patriots begins.

The ones that are the ones that you should suspect first are those who close channels of communication rather that keep them open by responding and communicating with fair, open, and responsive communications. Those who do not respond or respond with slander, orders, negativity, or even just remaining silent are all signs that they may not be someone that you can trust. After all, these agencies and officers of government are only supposed to be there to serve and protect the rights and property of the people. There is no other reason for government, except perhaps defense of the homeland.

These agent provocateurs will also try to keep you in a narrow viewpoint about the situation, and not only will they express a narrow viewpoint, they will usually always try to influence you in a particular way. Sometimes they will try and convince you to not trust a particular individual, sometimes they will exhaustively promote particular individuals or groups.

These plants and government shills also commonly wont give you a straight answer when you ask them a simple question, and their favorite response is to imply that there is a defect with the complainant to sidestep the actual complaint.

When I talk about those who should be suspected and placed under further scrutiny and background review, I am not just talking about individuals, there may also be shill groups, or organizations. And the ones that should be scrutinized the MOST are those who claim to either be actively affiliated with or employed by government, or those actively promoting ideologies claiming that the government is fair, just, honest, or unbiased.

13133243_244191322636622_309713294813844185_nNaturally those working for the government or benefiting from the government in some way are highly suspect, because they stand to lose the most by withdrawing or losing their support for the broken corrupt system. They are dependent on the government, why challenge it? They will also contradict themselves; for example they may express sympathy and support for the protesters, but at the same time will express support for the government and the court system in particular. Like the fox guarding the hen house, they will usually be slick talkers as well. But will rarely offer citations or evidence to prove their claims.

While we are on this subject, I would like to talk briefly about lawyers. And I have more information here if you are interested in learning more. But who has more to lose from the government than a lawyer? Not just any lawyer, but a lawyer that makes his living by arguing cases in government courthouses?

Dont you think that the government would want to make sure that there were attorneys to defend the protesters? Keep them in the casino, where their chances are not good. And by not just any attorneys, but maybe even an attorney from the Top 100 list of all trial attorneys to prepare their defense. One who has worked their whole career arguing in support of subjects of government who were mainly charged with code or statute violations. A vast majority of them without a victim, like DUII cases, and other trumped up code violations.

I dont know about you, but after doing years of research on this topic. I have never found in the founding documents where the founders of this country ever suggested or implied that the people were bound by any code, statute, rules, regulations or policy of government. As a matter of fact the Declaration of Independence says exactly this: all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed,

Did you happen to read anywhere in the quote above where the people are to be subject to the government? Do you think that the intent of the founding fathers was to make the people of this country bound by countless codes, policy, statutes, and other rules set by government? HELL NO! The rules that government sets are ALWAYS FOR GOVERNMENT! They do not have authority to make rules we are subject to. And I bet you wont be able to find in the founding documents for this country where it says that the people are to be subject to any rules of government. We are not subjects of government! They are our servants! What happens when your employee gets out of line? You FIRE THEM and find someone else to do the job.

Anyway, back to attorneys dont you think that the government would want to be the one to assist with finding a suitable attorney to try the case where they have already murdered a man on the side of the road?

Attorney client relationship (click to enlarge).
Attorney client relationship (click to enlarge).

Wouldnt they be doing BIG TIME damage control right about now? I am not sure that they would want to find a suitable attorney, but I am sure that they would definitely want to convince him to take an attorney. Because if you do a little research on the attorney client relationship (see image to the left) you will find that clients of attorners (another word for attorneys) are always deemed incompetent to manage their own affairs because in the eyes of the government they are still an infant as recorded on the birth certificate. I dedicate a whole chapter to this topic in my book available here.

Of course the government would want to control as many factors in this fiasco as it can, which means that it would be imperative to have all the defendants re-presented by an attorney who is not even allowed to challenge the matter of jurisdiction, because by being a member of the A.B.A. (American Bar Association) they have admitted jurisdiction and are in reality an officer of the court, whose first duty is actually to the court and the government, and not to the client. So, as far as these defendants are concerned, I would fire all the attorneys, and immediately challenge jurisdiction by asking for evidence of jurisdiction (which they will never have). The governments codes do not apply to you unless you are employed by them, and I am not employed by them unless they are sending me a paycheck every other week. Just like I dont have to follow the Wal-Mart policy for employees because I dont work there. They could not give me a citation for being 15 minutes late or showing up out of uniform because we have no agreement, no contract and I am not their employee.

While we are on this subject about the difference between rules, codes, statute, policy and procedure. why don’t we introduce the word law. Can anyone tell me what a law is? Is it something that is written by legislatures? Is it something written by lawyers? Or, are laws written by God? Or are laws even written down at all? Which law book would you find the law of gravity in? A law does not need to be written down to see evidence of it, and the law is directly related to your rights. Do you know why it is directly related to your rights? The law is so simple and so closely related to your rights because the rights are the law. What are your rights? Have you ever told a cop; I know my rights! Do you know why saying that you know your rights sounds odd? Because everyone knows their rights inherently if you know the difference between right and wrong.

I might as well tell you right now while we are on this topic that there is no constitution that gives you rights. There is only a constitution that all public servants swear an oath to uphold and protect. It has nothing to do with the people, except that the constitution is rules for government to follow so that our rights are protected. The constitution does not give you rights, your rights are inherent or natural and they do not come from government. The constitution isnt even applicable to you, but we do use it to hold government servants accountable. All the rules are rules to restrict government. And they have tricked us to think that the government is the authority because of the constitution but they are not even enforcing the constitution. Everything is backwards because they are enforcing rules, statutes, codes, and policy on people who it does not apply to because they are not employed by government. And like I said before, if their policy applies to me, then I need to be getting a regular paycheck because I dont follow orders for free. Just think, when a public servant pulls you over and writes you a ticket for not wearing a seat belt, he is breaking the law. He is breaking the law because he is forcing or enforcing policy that is only meant for agents of government. Not only that but he is actually extorting and committing piracy on land by pillaging and unjustly enriching himself and his organization by forcing you to pay for not following his rules.

All that a right is, is something that is not wrong. So your rights are things that you are allowed to do where no one else should infringe on those rights, because they are not wrong. It is that simple, although you may not be able to see the simplicity of it right away. It really is simple. The law is do no harm and that is pretty much it.

Back to the attorneys that are defending these political prisoners. Do you think that they would EVER want to honestly challenge their money maker? Their employer? Their bread and butter? After going to law school for how many years, I am sure they will not make any real arguments. What kind of counsel would be used to defend them? What kind of defense are they going to get? Are the attorneys going to accept ANY liability for their actions? Or when these peaceful protesters get their day in court are they going to get sentenced to lengthy terms in prison and a follow-up bill for the trial representation from the lawyer? In a matter as important as this, why would you trust another agent of the same government who has been evidencing its corruption the entire time? I can guarantee you that a licensed attorney will not ever address the validity of the charges. They will at most just try to ineffectively poke holes in the prosecutors case. Dont get me wrong they will make the trial a spectacular event. Like in the Hunger Games no one that plays really ever wins.

Most attorneys will be more than happy to take your money, but then proceeds to do nothing. I have seen this happen more times than I can count. He wont put you on the stand, doesnt file or put in any documents. The best defense you will get from them is a he didnt know defense or a he didnt mean it defense. Which never challenges the validity or applicability of the charges, and results in the 100 year prison sentence. You go to jail, and they say Im sorry I did the best I could while generating another bill for hours spent in court doing nothing but ever the great actor and professional, looking like he is doing everything he can.

The attorneys are just part of the problem though. The justice department is pulling something inconceivable here. The government is coming in on both sides so that they can maintain control of the situation, but they have been using military and government actors and infiltrating the real protest and victimizing locals to give the honest peaceful protesters a bad name (more about that in a bit). The attorneys job is to make it impossible to uphold the constitution. Then you ask them why he wont challenge jurisdiction and usually they will essentially retaliate with an attack instead of responding responsively with a rebuttal.

Just think, it may be a very good way to send them all to jail for a very long time to teach them not to stand up to the all powerful government (who is supposed to be our servant and protector, not punisher and master). Remember how in 1994 the FBI burned the religious compound to the ground and murdered everyone at Waco Texas? Look what they did to Lavoy? Did he deserve a summary judgement that harsh? Didnt he deserve due process? At the very least, unlike in Waco the government knew they couldnt get away with murdering everyone in Harney county, Oregon that protested in this situation so they are doing the next best thing; trumped up bogus charges with no victims, and likely very stiff prison sentences, and of course these BAR attorneys are never going to argue the unlawfulness and illegality of the of the charges as your re-presentation on a kangaroo court charge.

They will also likely consolidate all the defendants so that the ones with council can force everyone to accept the same court stipulations, rules, and outcome as the ones who are being re-presented by attorners instead of challenging the charges themselves or asking for ALL the information and evidence (fact specific) that was provided to the alleged grand jury that indited them.

It is clearly known now that the doors at the refuge facility were left open, the Sheriff had prior knowledge of what was about to occur, but they acted like nothing was going on. There were reports of trucks with no tags (license plates) for anonymity in town before the incident terrorizing the local people, destabilizing the community, slashing tires, being disrespectful and threatening. There were several incidents allegedly where the participants were claimed to be militia and III%ers.

Excerpt from an Oregonian/Oregonlive.com reporter Lez Zaitz. Notice no names mentioned as far as who was doing the "harassment" and "threats".
Excerpt from an Oregonian/Oregonlive.com reporter Les Zaitz. Notice no names mentioned as far as who was doing the harassment and threats. More about Les in part 2. (click to enlarge)

And Sheriff Ward did not back the people like he was supposed to and take care of the destabilization efforts, he did what Grasty told him to do which was nothing. Stand down while his locals were being harassed and intimidated. Isnt it interesting that the Sheriff even implicates his own 74 year old mother, but fails to identify any of the destabilizers even though the Sheriff claims that the man or men even showed up at his office to harass the him at work! Sheriff Ward, I have a question for you why do you reveal the identity of a victim (your own mother even) yet fail to identify who the criminal was who threatened her.

This could be an attempt to demonize the right to travel community also by using vehicles where the tags have been removed for threatening, intimidating, harassing, and following locals. Which brings us to black propaganda.

Black propaganda can be the most effective strategy, but can also be the most destructive for the agency that propagates it because of the blow-back potential.

FBI (or mercs) in civilian clothes.
FBI (or mercs) in civilian clothes.

In case you are wondering what I am talking about when I refer to Black propaganda, it is essentially when the FBI, CIA, BLM, DOJ, ect. uses its own assets, agents, contractors, or mercenaries and takes them out of uniform and puts them into civilian clothing and makes them pretend that they are militia members, Oregon Citizens, or Harney County Citizens and orders them to go in and create havoc, create chaos, go to the armory, cause disruption, be loud, be drunk, be agent provocateurs. They do this to destabilize and traumatize the local people. As a result, the destabilization and the trauma that is unleashed will cause the local people to run to law enforcement to the FBI, to the government for protection from those who are causing trouble who are really employed or tasked by agencies of government in the first place, especially if the provocateurs are actually victimizing and harassing people.

The danger of black propaganda is that if it is discovered or found out as it was in the cases of Afghanistan and Iraq where the US was doing operations and blaming it on the Muslims. Blowing up their own embassy and then blaming it on Al Qaeda or ISIS for example. Let us not forget the similar black propaganda on 9/11 where they blew up their own buildings and blamed it on the Muslims. When black propaganda is discovered, the blow-back can reach an epic scale of disaster for the instigator when the people realize that they have been played for fools and lied to by the agents and by the government who they have given faith and trust to. The people of Harney county are now discovering that agents and actors employed or contracted by the FBI, BLM, DOJ, and the Sheriffs department were purposefully and intentionally infiltrating Harney county with destabilizers, agent provocateurs, and other infiltrators in order to manipulate the people of Harney county back to the governments side and also a very effective side effect was to cause cause the people of Harney county to stay away from the protest and not even think about getting involved.

With this information coming out now, it will swing the pendulum back in the opposite direction. When the realization sets in that the people have been betrayed yet again by their own government. The blow-back on them will be limitless. This also is encouraging because the blow-back is so enormously powerful it can cause this whole corrupt government house of cards to crumble, and here’s why: Imagine if you were a brother or sister or family member of one of the people wrongfully in jail right now and you found out about this black propaganda going on, you would use this as your platform to demand a change in circumstances. And because the black propaganda is so ethically and morally wrong, there would be overwhelming support.

When you cant trust your own government, or even your own local Sheriff to faithfully and competently perform and execute his duties honestly what is going to happen? And not only that, but in this operation of theirs, dont forget that they senselessly murdered a man; a man who was also a father, a brother, a husband, a friend.

The government and politicians that are supposed to be protecting us, have failed miserably. How can we ever trust them to carry out their duties when they play so dirty? How can we allow them to remain in office?

If these patriots believe that the constitution is the supreme law of the land, why on earth wouldn’t they challenge jurisdiction? The code or statute is not the law of the land, and yet they are being charged with code violations, and not constitutional violations. Why is that? Charging them with constitutional violations would be absurd by the way because they never swore an oath to uphold a constitution, they never signed it, and they never were a party to it. Only government employees do that.

It was not federal code books that these guys were carrying around in their shirt pocket, it was the law of the land i.e. the Constitution. Which all public servants swear to uphold. It is not to be used as a restraint on the people, it is a restraint on the government. The common man is not bound by the constitution, they are protected from government intrusion by it. Or else it would be the other way around the people would have to swear the oath, but they dont.

The truth is always worthy of defending. The truth is even worth dying for.

I was going to try and put this entire article in one part, but I think I will stop here and continue this article soon in a part two. I have much more to say on this topic and there is much more that you need to know to be fully informed about this situation and I will get it out to you as soon as I can. I know that this article has already covered some very important topics, and it is dangerous for me to be sharing it with you, but who is going to stand up if I dont?

Part 2 will include more important information, a comparison of the grievances that the original colonists had with Great Britain and how they relate to what our government is doing today, plus more dirt I dug up on this Harney county protest. Stay tuned!

Thank you for reading and peace be with you.

ONLY BELLIGERENTS HAVE RIGHTS

ONLY BELLIGERENTS HAVE RIGHTS

we-the-people-session-vii-rights-of-the-accused-39-638The individual Rights guaranteed by our Constitution can be compromised or ignored by our government. For example, in United States v. Johnson, 76 F. Supp. 538, 539 (D. Pa. 1947), Federal District Court Judge James Alger Fee ruled that,
 

The privilege against self-incrimination is neither accorded to the passive resistant, nor to the person who is ignorant of his rights, nor to one indifferent thereto. It is a FIGHTING clause. Its benefits can be retained only by sustained COMBAT. It cannot be claimed by attorney or solicitor. It is valid only when insisted upon by a BELLIGERENT claimant in person. McAlister vs. Henkel, 201 U.S. 90, 26 S.Ct. 385, 50 L.Ed. 671; Commonwealth vs. Shaw, 4 Cush. 594, 50 Am.Dec. 813; Orum vs. State, 38 Ohio App. 171, 175 N.E. 876. The one who is persuaded by honeyed words or moral suasion to testify or produce documents rather than make a last ditch stand, simply loses the protection. . . . He must refuse to answer or produce, and test the matter in contempt proceedings, or by habeas corpus. [Emphasis added.]

 

Notice the verdicts confrontational language: fighting, combat, and most surprising, belligerent. Did you ever expect to ever read a Federal Court condemn citizens for being passive or ignorant? Did you ever expect to see a verdict that encouraged citizens to be belligerent IN COURT?
 
Better go back and re-read that extraordinary verdict. And read it again. And commit it to memory, for it succinctly describes the essence of the American legal system.
 
Clearly, we must do SOMETHING, for as Sir Edmund Burke said,
 
The only thing necessary for evil to triumph is for good men to do nothing.
But apathy (doing nothing) isn’t simply a function of cowardice or indifference; apathy is a synonym for ignorance.
 
What is it apathy or ignorance? I don’t know and I don’t care.
 
Ignorance makes the public more manageable in the courts and in confrontations with the government. Insofar as government naturally seeks to expand its powers at the expense of the citizens Rights, government has a vested interest in the public’s ignorance and consequent apathy. The interest in expanding its powers encourages the government to provide little, no, or even false, education on what our Rights should be.
 
If you are a product [victim] of the public school system then consider this, The Department of Education gets what it pays for. and you need to get yourself smart the sooner the better! This is not a good time for dumb-ass.
 
Silence gives consent, is the rule of business life. To stand by, in silence, and see another sell your property, binds you. Silence gives rise to fraud or silence gives rise to agreement. What better way to acquiesce than to not object?
Acquiescence is acceptance!
“The right of a person under the 5th Amendment to refuse to incriminate himself is purely a personal privilege of the witness. It was never intended to permit him to plead the fact that some third person might be incriminated by his testimony, even though he was the agent of such person.” — Hale v. Henkel, 201 U.S. 43.

Not only that but if you allow anyone to “represent you”, instead of being “the belligerent claimant in person” (Hale v Henkel, i.s.c.), you become a “ward of the court”. Why? Because obviously, if someone else has to defend your rights for you, you must be incompetent! Clients are called “wards” of the court in regard to their relationship with their attorneys. See a copy of “Regarding Lawyer Discipline & Other Rules”, as well as Canons 1 through 9.

Also, see Corpus Juris Secundum (CJS), Volume 7, Section 4, Attorney & client:

“The attorney’s first duty is to the courts and the public, not to the client and wherever the duties to his client conflict with those he owes as an officer of the court in the administration of justice, the former must yield to the latter.” (emphasis mine)

Lord Yeshua the Christ said in Luke 11:52

“Woe unto you lawyers for ye have taken away the key of knowledge; ye entered not in yourselves, and them that were entering in ye hindered.”

And also in Matt 23:13,33 (NIV)

“You shut the kingdom of heaven in men’s faces. You yourselves do not enter, nor will you let those enter who are trying to … How will you escape being condemned to hell?”

“A lawyer cannot claim that you have rights.” U.S. v. Johnson, 76 F. Supp. 538

Lawyers cannot defend your rights because they are franchisees of the English bar association, a corporation that licenses its franchisees and regulates their activities. All a lawyer can do is get the master of the ship to go easy on you if you confess to the fictional claim against you. A lawyer will not help you prove your sovereignty for fear of being disbarred. The United States Supreme Court has ruled that the only person who can claim his rights is the belligerent claimant in person. To effectively accomplish this you must be able to establish the record with certifiable knowledge of the law.

 

“The privilege against self-incrimination is neither accorded to the passive resistant [Jesus style], nor the person who is ignorant of his rights, nor to one indifferent thereto. It is a fighting clause. Its benefits can be retained only by sustained combat. It can not be retained by attorney or solicitor. It is valid only when insisted upon by a belligerent claimant in person…once he testifies to part, he has waived his…he must refuse to answer or produce, and test the matter in contempt proceedings, or by habeas corpus.”~ US v Johnson, 76 F. Supp 538, 540 (1947).

The “Real-World” Example:

 

The Frederick, Maryland kidnapping of the baby: We can recall from the Lawrence case that this girl has cross-examined cops before, and knows how to enter evidence to the record of the court. So she went into the FREDERICK, MARYLAND DISTRICT JUVENILE COURT with a script and a game-plan.

The judge asked four times consecutively, “Are you sure you don’t want a court appointed attorney???”

Her only reply was “That she was with TITLE 42 SEC. 1986 certifiable knowledge of the law and that she will be representing the name on the docket of the court.”

The Attorney for the state went blah, blah, blah, and when the young Mother cross-examined the cops she ripped the cop to shreds like a Momma eagle feeds little strips of bloody rabbit flesh to her baby eagles. She turned it into a trial of the State where the cop confessed that he committed at least two felonies. She asked him these questions:

1. State your name.
2. What’s your badge number?
3. What’s your rank?
4. Who do you work for?
5. How do you get paid?
6. Is that in the form of a bank check, direct deposit?
7. Would that be considered commerce?
8. When you were hired, did you take an oath to uphold the Constitution for the United States of America?

Right about there is where the State’s case started breaking down, because the cop said, “I took an oath but I don’t know if it was for America.” – busted!!! –The judge stepped in and said “every public servant has to take an oath! Did you get a warrant to enter the motor home?!?” and “This is a perfectly competent mother with more care and attention to detail than any other I’ve ever seen. I’m going to order that the State release the child back to the mother immediately.” Co-incidentally, the Attorney for the State approached me and said that he had spent quite a bit of time at my website and he handed me a hardbound copy of “Constitutional Law” from his personal library.

The judge’s personal assistant found the Mom at a restaurant later that day and spent half an hour with her over lunch just to tell her that the judge was totally impressed, and that has never happened in the history of FREDERICK, MARYLAND DISTRICT JUVENILE COURT with the suspended rules where anything the judge says goes. She said that the STATE always holds a child for a minimum of 30 days and that this is the first time in the court’s history that anyone has ever proven that the STATE has no claim, Especially a 22-year old single mom.

I guran-freakin-tee that a lawyer won’t do that for you!

So fire him and move on!

The Big Three Articles IV, V, and VI of the Bill of Rights.

The Big Three – Articles IV, V, and VI of the Bill of Rights.

THIS WEEKS CLASS ASSIGNMENT

The Big Three Memorize Articles IV, V, and VI of the Bill of Rights.

A) Memorize Article IV for police encounters

B) Memorize Article V to understand two distinct forms of process, Judicial (article III courts) and Administrative (article I, II and IV territorial and administrative tribunals).

C) Memorize Article VI to understand MMPPR mandatory minimum pleading practice requirements and the due process rights and protections you must be afforded at a probable cause hearing considered waived if not demanded at arraignment or initial appearance before pleading.

Article IV
the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures shall not be violated, and no Warrants [for these] shall issue [by any court for any road side seizure] but upon probable cause supported by oath or affirmation particularly describing the place to be searched and the persons or things to be seized

Officer License, insurance and registration please, I need to see them.

Response do you have a warrant for my personal papers and private documents, or is this a shake down?

NOTE: officers and agents of government, public and civil servants acting in a capacity representative of public office are required to display Identification on demand. Do you qualify for the requirement attributed to this class distinction?

Article V

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising [by ticket or citation] in the land or naval forces, or in the Militia, when in times of actual service [ tickets and citations for infractions and violations of statutory commercial duties and obligations apply only to public officers and civil servants ]

Only public officers, civil servants and governmental service providers are subject to tickets and citations for dereliction of an official duty or obligation of public office against the dignity of the state, as distinguished from a crime against the people or a person in violation of the law of nature against doing harm, injury or damage to the life, liberty and property of another.

Article VI

In all criminal prosecutions, the accused shall enjoy the right to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.

Entering any plea admits jurisdiction and serves as a waiver of your right to a probable cause hearing, also referred to as an examination hearing, where you are entitled to everything here stated in article VI before being required to plead.

NOTE : Stating that you do not understand the NATURE of the proceedings is just cause in law for the Judge or Magistrate to order a Psychological evaluation or Psychiatric examination, unless your inability to understand is for good cause shown, such as the prosecutions notice being inadequate or service of process being incomplete or defective, failing to provide you with paper work that comports with MMPPR, such as would reasonably apprise you of BOTH the nature and cause for the accusations or charges against you.

Cause for the charges against you would include subject matter and personal jurisdiction, subject matter being sufficient alleged facts or evidence supporting the charge, personal jurisdiction being the capacity of the parties to sue and be sued.

CLARIFICATION AND POINTS IN AUTHORITY

Are you being prosecuted in an private individual or official public capacity, and do you qualify to be prosecuted in a official public capacity if lacking official title of public office?

Civilians are exempt and immune from dereliction of duty charges where the duty is legislated and proscribed by exclusively for public/civil servants.

Do you know which laws, common and civil, apply to which class of persons, natural and corperate?

“Two national [and state] governments exist; one to be maintained under the Constitution [for civilians], with all its restrictions; the other to be maintained by Congress [and the state legislatures] outside and Independently of that instrument [and the constitutions of the respective states, for civil servants] ” (Downes vs. Bidwell 182 US 244)

It is clear that Congress, as a [or any state] legislative body, exercise[s] two specie of legislative power: the one, limited as to its objects [ effecting civilians]: the other, an absolute, exclusive power [to restrict the liberty rights, restrain and regulate the official activities and compell performance of civil servants] The preliminary inquiry in the case now before the Court, is, by virtue of which of these authorities was the law in question passed? (Cohens v. Virginia, 19 U.S. 264, 6 Wheat. 265, 5 L.Ed. 257 (1821)). for with them [civilians] Congress does not assume to deal [has no delegated authority to legislate beyond the law of nature] and they are neither the subject nor the object of revenue laws ., as stated in the cases of Long v. Rasmussen, 281 F. 236 (1922), De Lima v. Bidwell, 182 U.S. 176, 179, and Gerth v.United States, 132 F. Supp. 894 (1955).

As of the time of the writing of the Constitution, there were two great systems of law in the world —the Civil Law and the Common Law. — the basic concept of these two systems was as opposite as the poles—in the Civil Law the source of all law is the personal ruler [superior officer]; In the Common Law. . . the source of all law is the people; they, as a whole, are sovereign. During the centuries, these two systems have had an almost deadly rivalry for the control of society, the Civil Law and its fundamental concepts being the instrument through which ambitious men of genius and selfishness have set up and maintained despotism; the Common Law, with its basic principles, being the instrument through which men of equal genius, but with the love of mankind burning in their souls, have established and preserved liberty and free institutions. . . The Civil Law was developed by Rome. . . The people under this system have those rights, powers, and privileges, and those only which the sovereign [or superior of officer]considers are for their good or for his advantage. He adds or takes away as suits his royal pleasure. All the residuum of power is in the Emperor. Under this system, the people look into the law to see what they may do. They may only do what the Emperor has declared they may do. . . Under our common law system, we look into the law to see what we may not do, for we may do everything we are not forbidden to do. This civil law concept explains why, over the centuries, it has been possible for the head of a state, operating under this concept, to establish with comparative ease a dictatorship. We must always remember that despotism and tyranny, with all their attendant tragedies to the people, as in Russia today, come to nations because one man, or a small group of men, seize and exercise by themselves the three great divisions of government—the legislative, the executive, and the judicial.. . When the [Civil Law] concept has been operative, [peoples] have suffered the resulting tragedies—[such as] loss of liberty, oppression, great poverty among the masses, insecurity, [and] wanton disregard of human life. ¬ J. Reuben Clark, former US Under Secretary of State and Ambassador to Mexico.

The Common Law is absolutely distinguishable from the Roman or Civil Law systems.(People v. Ballard 155 NYS 2d 59).

There are two systems of law at work in the world, the [common] law of the land, and the [ civil ] law of the sea. ¬ Jordan Maxwell

By: Neil Rowe

Dear Elected Officials

Dear Elected Officials…

I am writing you this letter today acting in the capacity as assistance of counsel for multiple People that your subordinates have been targeting and victimizing for attempting to exercise their inherent, non-negotiable rights, and unlawful code and policy enforcement over those whom it does not apply. (1)

The problem arises when your officers initiate improper traffic stops over individuals who are not operating under a licensing agreement with the department of motor vehicles, and are not acting in commerce and therefore are not subject to the commercial vehicle code or any statutes unless you can show how they agreed to be bound by these codes with full disclosure and meeting of the minds. To have a policy and/or custom of committing felonies because of a traffic safety issue is not only ludicrous, but lawless and unacceptable. (2)

These actions by alleged peace officers of Aggravated Kidnapping, Grand Larceny, Fraud, Identity Theft, Extortion, Armed Robbery, Malicious Prosecution, Barratry, Personage, Trespass, Assault, Securities Fraud, Conspiracy, Unlawful Arrest and Imprisonment to name a few are not becoming of those wishing to uphold peace and protect the communities which they serve. To make an unlawful traffic stop for the purposes of revenue generation in the name of keeping you safe is wrong in itself, but then to add to that criminal behavior consisting of multiple aggravated felonies is unfathomable and something needs to be done about it, and if you refuse to take action, you will be implicated and included by your inaction. Make note that I will be sending evidence of these crimes to the California Attorney Generals office to open an official investigation into these matters, along with your response (if any) to this communication.

I would strongly advise that if you are aware and have knowledge of these high crimes being committed against people in the community with whom you are entrusted to keep the peace and also to protect and serve, that you do the honorable thing and look into these matters immediately instead of victimizing those whom you are supposed to be protecting by proxy.
The one point and question I have for you in this entire message is to simply find out if you are also involved in these unlawful policies and procedures, customs and behavior. So, I must ask you if you condone (ratify) this rogue behavior by the officers that you supervise. Please send your response in writing to the return address listed above, a simple response is acceptable, as long as it is written and signed by you.

If you do not condone this behavior you would be wise to open an investigation so that you are not thought of to be participating or even directing these criminal activities. I would honorably ask that you immediately open an honest and transparent investigation immediately into this matter as a significant number of the officers under your command are currently liable for substantial violations of rights under both the Constitution for the California Republic and also the Constitution for the United States of America, and will not only be subject to a criminal investigation by the State Attorney Generals office for violations of title 18 USC section 241, 242 and 245 among other federal crimes, but also by civil title 42 USC 1983 causes of action.

Please also be aware that we are actively collecting any and all evidence to support our case/s so please act accordingly.
If you fail to respond to this communication, it will be presumed that you are tacitly acquiescing by your silence and you will also be subject to being named individually and officially in pending litigation for encouraging and possibly even directing the actions of the officers that you manage.

Thank you for your prompt attention to this matter,

Trent Goodbaudy

Footnotes:
(1) The People of the California Republic are not subjects of government; they are the creators and grantors of the government, whom are entrusted with the sole objective of protecting our rights and liberties.
(2) governments are but trustees acting under derived authority and have no power to delegate what is not delegated to them, But the people, as the original fountain, might take away what they have delegated and entrust to whom they please. The sovereignty on every state resided in the people of the state and they may alter or change their form of government at their own pleasure. Luther v Borden, 48 U.S. 1, 12 Led 581
at the revolution the sovereignty devolved on the people; and they are truly the sovereign of the country, but they are sovereigns without subjects and have none to govern but themselves; the citizens of America are equal as fellow citizens and joint tenants in the sovereignty. Chisolm v Georgia 2 Dall 440, at pg. 471.
This is a rough draft of a letter I plan on sending to elected officials in the future.

You too can make the District Attorney speechless in under 4 questions!

My (very interesting) conversation with a couple of Washington County District Attorneys

My (very interesting) conversation with a couple of Washington County District Attorneys

My (very interesting) conversation with a couple of Washington County District Attorneys

Handing out copies of my book in front of the courthouse and jail.
Handing out copies of my book in front of the courthouse and jail.

Last week when my sister was being held illegally against her will, I went and handed out free copies of my new book Freedom from Government; How to Reclaim Your Power around the courthouse and jail area. I had nice pleasant conversations with many people, but I had one book left and I happened upon a male and female attorney having a casual conversation and even playing on a recently felled old growth in front of the courthouse.

I approached them and asked Are you attorneys?

They replied, Yes, we are.

And I said, You dont mind me asking you a few questions do you?

And the male attorney standing on a large log says, You dont already have an attorney do you?

I replied, Definitely not. as I removed the last of my books that I had brought with me from my briefcase, flipped open to chapter 2, titled Attorneys and Representation.

I wasted no time and immediately went on with So, as an attorney where does your loyalty lie? To whom is your first duty? The court, or the client?

He gave an answer that was obviously easy for him, almost like an honor student in school he replies, matter-of-factually, We swear an oath to the State of Oregon.

To this I respond, So your loyalty is not with the client. I continue, And now that we know to whom your loyalty lies, maybe we should investigate an attorneys actual relationship with his client.

I address the male attorney again, Are you familiar with the Corpus Jurus Secundum, legal encyclopedia? The rulebook for attorneys

He replies, Yes, we used it in school.

I start reading from chapter 2 of my book, quoting from their own rulebook, A client is one who applies to a lawyer or counselor for advice and direction in a question of law and then further in the paragraph Clients are also known as Wards of the court in regard to their relationship with their attorney.

The male attorney does not respond, so I continue, So what exactly is a Ward of the Court?And without waiting for a response, I continue with, A Ward of the Court is defined by the supreme court as; Infants and persons of unsound mind, placed by the court under the care of a guardian.

I get the vibe that these people do not want to be talking to me all of the sudden, but I was not done quite yet, I went on with, Are you familiar with the term Properia Persona?

The male attorney continues with, I think I heard about that in school what does it mean?

And then I make him instantly regret asking me that. I respond, Well, you are aware of persons representing themselves Pro Se, correct? I dont get how someone can represent themselves, if they just are themselves, so when I go to court it is always in my Properia Persona which is Latin for my Proper Person.

I knew our conversation would not last much longer, so I started wrapping up by saying, Are you familiar with the difference between making a special versus general appearance in court?

The male attorney responds with, Do you do seminars?

I respond with a drawn out, Not yet.

Then I said, The only reason I am out here today is because my sister is being held without consent and jurisdiction in the jail, and they are lucky it isnt me in there because I know my rights! And just so you know, I am going to be out here giving out my book and talking to people every day until my sister is free.

And I notice the first activity from the female attorney she is frantically texting someone on her iPhone

I begin to walk away but first, I ask the male attorney if he would like a copy, and then I give him my last book that I brought. We need to educate even them, and all the other public servants of their proper place and how they are working for us, not the other way around.

My sister was released from custody an hour later, and I realize that perhaps that female attorney that remained silent was the one with seniority from the district attorneys office (what other attorneys would be on recess in their playground in front of the courthouse?), and I dont know for sure, but I think I may have had something to do with my sisters expedited release.

My sister was initially accused and charged with assault, but like magic, now has no resulting court dates, no release agreement, never even saw a judge, no fines, probation, or ANY OTHER RESULT. The case just disappeared. Smart girl even got officer Lapine of the Hillsboro City Police Department in Oregon to agree to a $50,000 contract to see her identification.

If you havent guessed already, you NEED TO READ MY BOOK! I made the District Attorney SPEECHLESS in less than 4 questions. Dont you want or even NEED this power as well? Reclaim your power! Get your hands on the book now! ONLY at shop.freedomfromgovernment.org

I have to say that the $25 I paid for this book was the best money I ever spent! Carrie Bradshaw

Want to learn more? (So much more you will be BLOWN AWAY!) Get your hands on a copy of the book!Click here to purchase "FREEDOM from GOVERNMENT; How to Reclaim Your Power" NOW!

Not to mention all the other tools, tags, stickers, spygear, and more for you to reclaim your inherent power and natural rights. Visit shop.freedomfromgovernment.org today!

Keywords: jurisdiction, authority, Oregon, district, attorney, Washington, county, Oregon, police, court, sheriff, deputy, certificate, money, debt, constitution, power, inherent, natural, law, legal, good morning America, hunger games

SOURCE: http://freedomfromgovernment.org/ You too can make the District Attorney speechless in under 4 questions! Originally posted March, 2013.

Redefining Words to Steal Your Freedom

Allow me to reveal to you something that I find rather interesting about the constitution. Stay with me here for a bit I promise it will be worth it.

Noah Webster
Noah Webster

Have you heard of Noah Webster? (Note: There is a lot of confusion between Noah and Daniel Webster, but there was no relationship between them. Daniel Webster is best known as a lawyer, a member of Congress, a secretary of state, and perhaps the greatest orator of the first half of the nineteenth century. Noah Websters fame is quite different: it rests on his pen.)

Do you know why Noah Webster spent more than 25 years writing and publishing his dictionary?

Noah realized that England and the new America had different forms of government, institutions, customs and laws. Because of this, he believed that they needed different vocabularies. He also knew that science and technology were developing rapidly, and new words were being introduced just as quickly. So, he spent over 25 years researching words and their origins and writing the first American dictionary. This dictionary helped Americans to feel pride in their new country, and enabled everyone across the new nation to have a standard vocabulary.

noah-websters-quotes-2Websters greatest achievement was the dictionary. In 1800 he published his intentions of writing a dictionary. He published a shortened, concise but comprehensive, version in 1806. The final version was finished in 1825 and published in 1828. It contained 70,000 words. It is no exaggeration to say that it was immediately accepted as the greatest dictionary of the English language on both sides of the Atlantic. Why would he dedicate SO MUCH time to this mundane sounding undertaking?

Contrary to popular opinion, he did NOT write it so that people could check their spelling. He wrote it in an attempt to prevent the government from changing the meanings of the words in the constitution. In fact, if you look in the very front of the 1828 Noah Websters Dictionary on page 11, you will find an elequant and delightful to read passage from Noah himself explaining why he wrote his dictionary which I will quote below (Take note of how many times America is used, and how many times United States is NOT used):

This country must in some future time, be as distinguished by the superiority of her literary improvements, as she is already by the liberality of her civil and ecclesiastical constitutions. Europe is grown old in folly, corruption, and tyranny in that country laws are perverted, manners are liscentious, literature is declining and human nature debased. For America in her infancy to adopt the present maxims of the old world, would be to stamp the wrinkles of decrepid age upon the bloom of youth and to plant the seeds of decay in a vigorous constitution. American glory begins to dawn at a favourable period, and under flattering circumstances. We have the experience of the whole world before our eyes; but to receive indiscriminately the maxims of government, the manners and the literary taste of Europe and make them the ground on which to build our systems in America, must soon convince us that a durable and stately edifice can never be erected upon the mouldering pillars of antiquity. It is the business of Americans to select the wisdom of all nations, as the basis of her constitutions, to avoid their errours, to prevent the introduction of foreign vices and corruptions and check the career of her own, to promote virtue and patriotism, to embellish and improve the sciences, to diffuse an uniformity and purity of language, to add superior dignity to this infant Empire and to human nature. ~ Noah Webster 1828 dictionary (page 11).

So it seems that we have been transformed from an infant empire to an empire of infants who need a nanny. Essentially what Noah is beautifully expressing above, is that the old world that the colonists escaped from was full of corruption and tyranny as our country currently is again today. He goes on to say that the laws in Europe are unacceptable because of how perverted they have become, and how long-standing law and traditions are not being honored, people are being dumbed-down and not reading as much as they should, and human nature, in general, has been debased or destabilized all by design. The worst thing to happen to the fledgling America would be to let the corruption and tyranny sprout and grow here at home. Everyone back then knew how bad the problems were. However, time has a way of making us forget.

So then what important message does this evidence? I believe the moral to the story here is that the meanings of words are vitally important. The meanings of words have been altered. Because of this we should always define the terms we use if needed and AS needed to clarify and rectify the deception that we have been subjected to.

I have a suspicion that the dejure government of America was extinguished when it began to be called the United States. You may be wondering why this is, and I will tell you why this is important. Think about this the place I am at is commonly referred to as Oregon. When you add a State of to the beginning of Oregon it changes it from something that is real, into something that has an ALTERED STATE it is not the same thing as Oregon it is a different state of Oregon a compromised state if you ask me!

When you begin noticing these things, you will start seeing them everywhere for example the State of the Union address is not addressed to the Union but the altered state of it.

When the founders were inspired to write the constitution, Noah Webster was terrified that someday the courts would screw it up. He spent over 25 years writing an entire dictionary simply to keep those meanings true to what the founders envisioned for this country.

Another important thing to remember is that a lot of people make a mistake by referring to constitutional rights that they in reality do not have. The constitution does not give us rights. When we are born we inherit natural rights as living beings. We are not a fictional creation of government, we are living, breathing, unique, individual, intelligent men and women. The government did not create us. WE created government for the sole purpose of protecting us, of which it is failing miserably at. The constitution is the document that was written to restrain government and protect your rights. It was never intended to be used to grant them or take them away.

So the next time you hear some one refer to their constitutional rights, please set them straight and tell them that it is their protected, guaranteed, or non-negotiable right. Because we dont have a fighting chance if the corruption has spread so far as to have changed the minds of men by deception through altered meanings of words. The only way they win is through deception, and they are not going to win because we are now wide awake.

Even though it is the 5th amendment and not the first, in my opinion it is the most important amendment to the bill of rights (and the most important element of our liberty). The fifth amendment reads as follows:

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

The Framers derived the Grand Juries Clause and the Due Process Clause from the Magna Carta, dating back to 1215. Scholars consider the Fifth Amendment as capable of breaking down into the following five distinct constitutional rights: grand juries for capital crimes, a prohibition on double jeopardy, a prohibition against required self-incrimination, a guarantee that all criminal defendants will have a fair trial, and a promise that the government will not seize private property without paying market value. (Source: https://www.law.cornell.edu/wex/fifth_amendment)

Essentially what this amendment is supposed to do is prevent the government from stealing (they call it seizure) private property, prohibition of self-incrimination and double jeopardy, guarantee to a fair trial, and grand juries for criminal trials. The protection of life, liberty, and property includes everything rightfully under your control, including your body, papers, documents, car, land, bodily fluids, laptop, phone everything. This also includes your rights as they are considered your property. But this is getting off topic so I am going to end this one and leave you with one last word of wisdom: Take the time to learn your rights. They are the most valuable things you will ever learn to be able to live your life they way you want.

Invest in yourself, you are worth it.

Peace.