PIRATE NEWS VIDEO FEBRUARY 2009 -- Pirate News TV was banned from CTV one day before Pirate News producer John Lee testified to grand jury seeking arrest of KPD cops and city court judge John Rossen in 55-page Affidavit of Probable Cause for Criminal Complaint. Knoxville city court judge ignores motion to dismiss by attorney for Cliff Clark for failure to prosecute when city attorney and cop fail to appear for court. The next week, Knox County prosecutor and judge admitted that all charges must be dismissed against Cliff Clark at pretrial hearing in Criminal Court, due to lack of probable cause to search vehicle, and must return all firearms stolen by deputies from a locked safe in his attic. Knox county deputy sheriffs have confessed to shooting Redflex redlight cameras in Knoxville.
"The US Supreme Court said in Miranda that there's 40,000 police jurisdictions in America. We expect one civil rights crime in every one of those agencies every day. 40,000 times 365 days a year is 14,600,000 crimes committed by police every year. Hell, there's only 14,200,000 crimes committed by the criminals. The police commit more crimes against the People than the criminals commit!"
-George Gordon, The Policeman Is Not Your Friend, He Is Your Adversary
"I got a friend of mine ( i promise its not me ) who got a ticket on Foothills Parkway today. He was pulled over by a Park Ranger and ticketed for speeding, 81 in a 45. The ranger wrote it as speeding, not reckless driving or aggravated speeding. He also got a ticket about 1 1/2 months ago for reckless driving on 321 for doing a wheelie. Im sure it will have an influence on the penalty for the speeding ticket, but i was wandering if anyone knew how much the speeding ticket on the parkway would be or atleast a ball park. The officer said between 200-250 but i was thinking that might be a little low. Any help would be appreciated. thanks"
-TheKid, ETR Police State Forum (DealsGapDragon banned by cops for not telling sheeple to plead guilty to traffic tickets), Speeding Tickets, 23 May 2009
The Green Dragon pub was the "Headquarters of the American Revolution"
where the Boston Tea Party was planned and
Paul Revere planned his ride to start the Revolutionary War
"I saw two officers as before, who rode up to me, with their pistols in their hands, said God damn you stop, if go an Inch further, you are a dead Man, and swore if we did not turn in to that pasture, they would blow our brains out. Major Mitchel of the 5th Regt clapd his Pistol to my head, and said he was going to ask me some questions, if I did not tell the truth, he would blow my brains out. I told him I esteemed myself a man of truth, that he had stopped me on the highway, & made me a prisoner, I knew not by what right; I would tell him the truth; I was not afraid."
—Colonel Paul Revere, sworn affidavit: Memorandum
on Events of April 18, 1775 (declassified Top Secret), while under
arrest (and subsequent escape) from Redcoat martial-law traffic police
at Minute Man National Historic Park, Paul Revere Capture Site, kicking off the American
Revolutionary War at the Battle of Lexington and Concord, Paul
Revere's Ride, by David Hackett Fischer
"I'll burn your house down, set your dog on fire and there won’t be a member of your family left, do you understand me? I won't hire it done, I will do it myself! Do you understand me?"
-Deals Gap Blount County sheriff James B. Wrong, United States Court of Appeals, Sixth Circuit, Nuchols v. Berrong, No. 04-5645, July 11, 2005
Blount County Highway Named for Convicted Hit-and-Run Killer of Biker Tourist - "Pellissippi Parkway renamed the Senator Carl Koella Memorial Highway. A former police chief's home in Sevier County burned down due to arson, coincidentally as he investigated Senator Koella's crash. Ex-cop J.D. Smith was also a political candidate for the Tennessee state legislature. The fire destroyed many of his Koella files, but some information did survive, resulting in a $1.5-million wrongful death settlement, and the 'sudden death' of Koella before that trial. Detective Smith checked out Koella's alleged bar-room antics at the Airport Hilton while campaigning with Tennessee governor Don Sundquist, prior to the senator's fatal crash. The private detective was on the trail of allegations that Senator Koella was kicked out of the Hilton bar by a bouncer, due to Koella's inebriated state. The 'governor's' aircraft was parked next door at the Cherokee Aviation terminal."
"You have worked for an organization for years. One day your boss calls you in. He tells you he has a tape of a conversation where his wife, suspicious about his extracurricular activities, asked you to confirm her suspicions. He tells you that: “your ass is fired, you get out of here”. He then tells you: 'I’ll burn your house down, set your dog on fire and there won’t be a member of your family left, do you understand me?' Then he adds 'I won’t hire it done, I will do it myself! Do you understand me?' Would you feel that your rights have been violated? This is the scary picture painted in a recent lawsuit ruling by the Sixth Circuit Court of appeals. These threats were not made by some Mafia thug. They were allegedly made by Blount County Sheriff, James Berrong. Incredibly, the Court of Appeals concluded Berrong’s threats did not rise to a constitutional violation because the threats did not 'shock the conscience'. We do not know about the Appeals Court Judges, but these threats surely shock consciences of most of our citizens – especially when the come from the top law enforcement officer in Blount County. The department is already facing multiple $1,000,000+ lawsuits alleging serious mistreatment of citizens – including a local physician. The lack of professionalism at the top of our Sheriff’s Department seems to have the county careening toward disaster. Our greatest concern is that this court decision will encourage even more threats and intimidation of citizens by the Blount County Sheriff’s Department. Be careful out there – especially of the top dogs in our Sheriff’s department."
-Jim Folts, candidate for Blount County Mayor in 2010, Will Court decision mean more threats from the Sheriff?
Kill a biker get a highway named for you in TN. Pellissippi Parkway I-140 renamed for convicted hit-and-run killer in Blount County. Photo risking arrest by DealsGapDragon.com
"I've seen a lot of outrageous things happen in politics since I've been working here, but this tops them all. It's the equivalent of issuing a series of O.J. Simpson autographed steak knives. And no, this isn't a joke. Here's the new rule: Kill a biker, get a highway named after you. As a tourist who has spent a lot of family vacation dollars in Sen. Clabough's district, if those signs go up, you'll never see another penny of mine in Knox or Blount counties."
-Greg Harrison, Vice President of Communications for American Motorcyclist Association, American Motorcyclist magazine, "A Monumental Mistake", June 1999
“Please read the enclosure that presents the facts by someone involved in the investigation of this tragic accident. I grew up knowing Sen. Koella for the last 30 years. The bill has been passed and signed. There is NOTHING you can do to change that, and if you choose not to come to Tennessee, we will be better off without you.”
-Senator Bill Clabough, American Motorcyclist Association, American Motorcyclist magazine, Greg Harrison Column: Contemptible, September 1999
Drunk Blount deputy crashes Vette, no DUI arrest - An off-duty Blount County sheriff's deputy and another woman were injured when they crossed traffic lanes and crashed into a parked truck in Maryville Saturday night. The deputy was identified as Angie Jones, 35, of Maryville. A 2003 black Chevrolet Corvette, driven by Jones, was going east on E. Broadway just east of Wells Avenue went it went off the right side of the road. Jones lost control of the car when she got back on the road, according to Maryville Police Chief Tony Crisp. The Corvette crossed both lanes of traffic, hit a mailbox, went up an embankment and knocked a 1992 Ford box-truck parked at Hatcher's Martial Arts Academy onto its side. Jones and her passenger, Amy Orr, 44, of Maryville, were taken to UT Medical Center in Knoxville for treatment. While the investigation into the accident is ongoing, it is believed speed may have played a part in the accident, Crisp said. She was driving almost 100mph....she was drunk! and because she is a deputy, they are neglecting to share this info... they will try to hide it im sure. She is lucky to be alive, and even luckier that she did not kill anyone! Its a shame what you can get away w. because you are a cop! Thats what I heard too!! I live just down the street and saw it! She is very lucky to be alive and yes they said she was drunk!!!! Being a cop shouldn't give you the right to break the law-if you see to it that other people abide by the law-you should have to do the same. I don't want her driving around in a patrol car in this area knowing how she acts when she isnt working. I know the police are human too but you still have a certain standard to live up to. I am so glad she is ok BUT if the sheriff's office lets her continue to work there then their whole department should be under investigation. If they cover up for one... what will they do for the rest? Aug 2, 2010
Blount deputy graduates Police Academy, promptly crashes car while drunk - The Blount County Sheriff’s Office announced Friday that 11 recruits graduated from the Sheriff’s Office fifth Basic Law Enforcement Academy. The 11-week basic course began on Jan. 4 and graduates underwent 445 hours of intense law enforcement training. Graduates employed by the Blount County Sheriff’s Office will also go through 12 weeks of field training. Angela Jones — Blount County Sheriff’s Office. March 19. 2010
"The next Blount County Democrats monthly First Friday Luncheon is April 2, 2010. We have a terrific speaker with an important topic which should be of interest to all tax payers or future tax payers in Blount County. Jim Folts will speak on the Blount County Debt Mess. The Blount County debt has doubled to nearly one quarter BILLION dollars since 2003. Blount County has the highest debt per person in East Tennessee. A $46 million balloon payment on this debt must be made next year. Half of all the debt is in variable rate bond / swap deals - more than double the level the State Comptroller considers prudent. The $96 million of swaps held by the County are costing the taxpayers than $2.1 million per year. All the County's variable rate bond/swap deals 'blew up' in the financial crisis, costing millions of taxpayer dollars in fees, for financial Band-Aids. The County has paid large fees to a company that does not even have its own phone number or place of business."
-BlountTalk.com, Jim Folts Speaks on The Blount County Debt Mess, April 2, 2010
Tennessee Auditors Arrive - 48 Blount Sheriff cars missing - "The state auditor arrived in the County a few weeks ago. The auditor was able to find only 239 vehicles. What happened to the other 48 vehicles? But the Sheriff wants the taxpayers to support a tax increase, so that he can have even more money to spend next year. Does this make sense to you?"
Blount County cops buy college degrees at massaage parlor - In August, after discovering another tuition reimbursement payment for an unaccredited college for Maryville Police Department Capt. Sharon Moore, The Daily Times requested tuition reimbursement reports from the past five years from the city of Alcoa, city of Maryville and Blount County. The only payments identified were for Moore and Blount County Circuit Court Clerk Tom Hatcher’s tuition that was discovered in 2006. On Nov. 20, The Daily Times requested that Berrong research reimbursements that were directly paid to individuals for out-of-pocket tuition payments to unaccredited schools. Berrong confirmed that Detective Lt. Danny Wilburn, Lt. Patrick England, K-9 Deputy Gary Perkins and Sgt. Rick Baker had all submitted invoices for tuition reimbursement from Columbus University and received reimbursement from the county. Neither the U.S. Department of Education nor the Council on Higher Education Accreditation recognizes Columbus University as an accredited school. It is commonly referred to as a “diploma mill” by both organizations. In hopes to better himself for his family, the sheriff’s office and the community, Wilburn said he signed up for the program in 2003. He said the university had a professional Web site and he began a program to get a bachelor’s and master’s degree for approximately $3,500. Baker said Wilburn told him about the university and he also signed up for the program in hopes of obtaining a master’s degree. Baker got his bachelor’s degree from Lee College in 1988. The master’s program he signed up for with Columbus University cost between $2,500 and $3,000. Mayor Cunningham would not comment on the additional Columbus University tuition reimbursements, telling The Daily Times it was “old news.” In 2004 following a CBS News exposé, the state of Louisiana shut down Columbus University. A few months later it relocated in Picayune, Miss., where it operates today. Diploma mills are commonly defined as colleges or universities that require little or no course work from students. Many claim to offer credits for life and work experiences, and most operate exclusively on the Internet and by mail and have no campus. While online diploma mills typically provide bachelor’s and master’s degrees for less than $5,000 over a period of months, the College Board, a nonprofit association founded in 1900 to work with students and educational institutions, estimates that the average cost of a bachelor’s degree from a public university is now “$87,000 to $200,000 and takes the average student 6.2 years to complete. A prospective student who drives to Columbus University would find an empty storefront at its address in Picayune, Miss., with a small “Columbus University” sign taped in the window. Jeremy Pittari, a reporter for the Picayune Item newspaper, told The Daily Times he has investigated Columbus University in the past. “Columbus University has a building here in Picayune,” Pittari said. “But I’ve never seen anyone working there. “There was a paper sign that said ‘Columbus University’ taped up in the front window for a while and a small sign on the front door instructing people to deliver any mail or packages to a business across the street.” The business across the street from Columbus University’s address is a massage parlor and “body sculpting” studio. So far, the Mayor has done nothing to publicly chastise Hatcher. Hatcher said Tuesday he has not completed the master's program yet, but the $3,910 check issued by Blount County covered both a bachelor's degree and master's degree. "The county has no control over how the elected officials spend the money appropriated to their budgets," Cunningham said. Apparently, if you misuse funds in Blount County and get caught, all you have to do is repay the money, and all is well with the Mayor. Tom Hatcvher's son, Dustin Hatcher, was a county judicial commissioner, depsite only passing a test for car stereo installation. Judge Dustin Hatcher pled guilty to raping a teenage girl in the Justice Center, then posting photos of his crime on the wall in the Court Clerk's office. Dustin Hatcher was faced a five year prison sentence, but was sentenced to probation, after county taxpayers paid $40,000 to his rape victim. Clerk Tom Hatcher was formerly a deputy for the Blount County sheriff.
"10% of cops are honest, 10% are dishonest, and 80% wish they were honest."
-Detective Frank Serpico, NYPD, testimony to Knapp Commission
2. to steal; filch.
3. to buy (narcotics).
4. cop out, a. to avoid one's responsibility, the fulfillment of a promise, etc.; renege; back out.
b. cop a plea.
5. cop a plea, a. to plead guilty or confess in return for receiving a lighter sentence.
b. to plead guilty to a lesser charge as a means of bargaining one's way out of standing trial for a more serious charge; plea-bargain.
-Dictionary.com, Random House Unabridged Dictionary 2006
Police sell stolen bike without contacting owner - Strathclyde Police had in fact recovered teenager Andrew Stevenson’s dirt bike shortly after he’d reported it stolen. But the force sold it without making any attempt to contact him. Stevenson’s only way to claim the Yamaha RT100 back would be through the civil courts, the force advised. Or he could buy the bike back, an officer helpfully suggested. Strathclyde Police told Stevenson Snr bikes were sold under contract by recovery firm Robb Vehicle Services if the company could not trace the owner within six months. But the RT100 was spotted for sale on the website Gumtree on November 8, less than six months after it vanished from the Stevensons’ shed at their home. This is a very common scam in USA. Police towing contractors are given free title by police to any vehicle listed as stolen. The wrecker contractor either strips the vehicle for parts, or resells it at secret auction. Knox sheriff Tim Hutchinson confessed in the newspaper to stealing cars with convicted copkiller towtrucker Roy Lee Clark, and Knox sheriff Joe Jenkins was sent to prison for stealing $1-million in vehicles per day from RV dealers. I had 2 cars stolen this way, with police and wreckers denying they took them for 2 months, then sending me a $2,500 tow bill. Three class action lawsuits, felony charges filed and 100 towing contractors fired, but I never got my cars back. Here's the court records to prove it. Now I carry a gun.
Psycho TN cop arrests husband for driving dying wife to hospital - Aline Wright's honeymoon this week included a rush to the hospital and a trip to jail for her husband. "They handcuffed him in front of my room," she said Friday, an hour after being released from Erlanger hospital. Both Mrs. Wright and her husband, Eric Jesse Wright, 27, work at Erlanger. She is an emergency room nurse, he is a nurse technician who served as a medic in Iraq with the U.S. Army. Mrs. Wright, 22, also is a cancer survivor whose left leg was amputated above the knee and who suffers from a heart condition as a result of previous chemotherapy. On Wednesday night, she started showing symptoms of a possible stroke, she said. Her husband checked her physical reactions and decided she needed to be rushed to the hospital. With horn honking and headlights flashing, Mr. Wright rushed his wife to the hospital, running a couple of red lights along the way, his wife said. "All the lights were green except the last two," she said. After the car crossed through one of those lights, a Chattanooga police patrol car followed behind, its own lights flashing. The couple initially thought the officer was helping them get to the hospital, since they were so close, Mrs. Wright said. Instead, when they pulled up to the emergency room entrance, Officer James Daves approached. "The first words he said were, 'I'm going to arrest you,'" Mrs. Wright said, tearing up as she described the scene nearly two days later in a friend's Signal Mountain home. On Friday, Erlanger security officers took him out of her hospital room and delivered him to Chattanooga police, Mrs. Wright and family friends say. Mr. Wright was booked into Hamilton County Jail on Friday morning on seven charges, according to court records, including assault on police, disorderly conduct, reckless endangerment, felony evading arrest, registration expired and two counts of traffic signals violation. Family friends said late Friday that Mr. Wright was released from jail after paying a $7,500 bond. KTP
Fatcat mayor gets bitchy over speeding ticket - Johnson City TN Mayor Jane Myron was cited April 17 by a local police officer for driving 23 mph over the legal speed limit, and the verbal interlude between the two during the stop does not indicate a friendship was in the making. I predict a tit for tat firing in that cop's future. Laws only apply to the Little People.
Redlight Radar Speed Camera Tickets are a 60,000% tax increase - The DC suburb of Chevy Chase Village is a great place to live but you wouldn't want to visit there. Easy-to-miss automated speed cameras on its half-mile main drag, where the speed limit is 30 mph, caught 3,500 speeders on their first day of operation last fall. Before that, the norm was six tickets a day.
99.99% of Tennessee drivers exceed the speed limit - According to an article on Chattanoogan.com, a recent traffic study performed on Signal Mountain, Tennessee’s roads showed that more than 90% of drivers exceeded the posted speed limit. Can you guess what the city’s response was to this fact? If you guessed “let’s install speed cameras and ticket everybody,” then you’re absolutely right:
Signal Mountain Police Chief Boyd Veal, who presented the report to the council, said he believes the town should consider using traffic cameras mounted on trucks to catch speeders, as Chattanooga and Red Bank already do.
Cops have calibrated eyeballs...who knew? - The Ohio Supreme Court has opined that police officers can make a speeding judgment using only their eyes, and the officer's recollection is enough evidence to convict drivers of speeding. The driver challenged the ticket, saying he wasn't speeding, but drivers near him were. The radar reading was thrown out when the officer involved could not prove he was qualified to operate the radar gun, but a judge decided the driver was still guilty because the officer was trained to visually judge speed. APPEAL!
Mayor: 'Your Constitutional rights are suspended during traffic stops' - According to Cedric Glover, mayor of Shreveport, Louisiana, his cops "have a power that the President of these Unites States does not have": His cops can take away your rights. And would you like to guess which rights he has in mind? Just ask Shreveport resident Robert Baillio, who got pulled over for having two pro-gun bumper stickers on the back of his truck -- and had his gun confiscated. No requests for a driver's licence, proof of insurance, or vehicle registration -- and no discussion of a turn signal. However, not only does Louisiana law allow resident to drive with loaded weapons in their vehicles, but Mr. Baillio possessed a concealed carry license!
Knox County law director Lockett to pleads guilty to state embezzlement and federal tax crimes - The tax offense is a misdemeanor punishable by up to a year behind bars and a fine of up to $100,000. Lockett’s term as law director ended April 8 when he resigned and pleaded guilty in state court to stealing almost $63,000 from his former law firm. His plea deal with state prosecutors requires him to repay the balance of the money he stole but no prison term was imposed. His law license has also been suspended by the Tennessee Supreme Court pending a disciplinary hearing. The federal tax offenses allegedly occurred in 2006 and 2007 when Lockett “did not report his taxable income to the Internal Revenue Service and did not file federal income tax returns,” records show. At the time, Lockett was working for the law firm of Kennerly, Montgomery & Finley. He earned about $122,733 in 2006 and $107,365 in 2007 but “willfully failed to file his income tax return ... to avoid the payment of income taxes,” according to court documents.
Govt Motors On-Star kills car during police chase - The 2009 Chevrolet Tahoe roared away with officers in pursuit, but shortly after the suspect made a right turn, operators at General Motors Co.'s OnStar service sent a command that electronically disabled the gas pedal and the SUV gradually came to a halt.
TN Town on Edge After Cop Shoots Fire Chief in Traffic Court - It was just too much, having to return to court twice on the same day to contest yet another traffic ticket, and Fire Chief Don Payne didn't hesitate to tell the judge what he thought of the police and their speed traps. The response from cops? They shot him. Right there in court. Doctors in Memphis, Tenn., removed a .40-caliber bullet from Payne's hip bone, Martin said. Prosecutor Lindsey Fairley said Thursday that he didn't plan to file any felony charges against the officer or Payne. "When I first moved out here, they wrote me a ticket for going 58 mph in my driveway," 75-year-old retiree Albert Beebe said. After the shooting, Martin said police chief Willie Frazier told the sheriff's department he was disbanding the police force "until things calm down." Alexander, the judge, has voided all the tickets written by the department both inside the city and others written outside of its jurisdiction — citations that the department apparently had no power to write. Alexander, who works as a lawyer in West Memphis, resigned as Jericho's judge in the aftermath of the shooting. Meanwhile, sheriff's deputies want to know where the money from the traffic fines went. Sheriff's deputies once had to repossess one of the town's police cruisers for failure to pay on a lease. City hall has been shuttered since the shooting.
Parked car gets 45 speeding tickets in 1 day - Dutch lumber merchant Martin Robben no longer believes that the speed camera never lies. As reported by De Telegraaf, the man was falsely accused of speeding forty-five times on August 25 while his vehicle, a commercial truck, was parked on the side of the road in Oldeberkoop village. “Sometimes there were only three seconds between the tickets,” Robben told the Dutch paper. “That’s impossible… Nobody can be flashed dozens of times in an afternoon.” As is the common practice in Europe, tickets sent in the mail do not include photographs of the alleged offense, just a demand for payment. In Robben’s case, the demand amounted to thousands of euros, which forced him to retain the law firm of Anker and Anker to help him prove his own innocence. Defendants must make a special request to see the evidence against them. The Netherlands is home to Gatsometer, the premier manufacturer of speed cameras worldwide. The same device that falsely accused Robben is currently used in a number of US cities, including Silver Spring, Maryland. Speed cameras around the world have accused stationary vehicles of speeding, as documented in Australia as well as France and the UK.
Tennessee police officer fired after forging signatures on traffic citations - 10-year veteran of the Johnson City Police Department has been fired for forging motorists' signatures on citations. Twenty-seven citations were in question. A forensic document examiner positively identified at least 14 signatures displaying "significant dissimilarities" to the cited motorists' handwriting. Paula Lynn Norris was discharged by Johnson City Police Chief John Lowry in March. She did not appeal the chief's decision, which was reached after an internal investigation in which Norris, additional officers and cited motorists were interviewed. "The signature on a citation, of course, commits the offender to appear in court on a date certain," reads the letter from Lowry to Norris. "If that offender fails to appear it results in judicially imposed penalties - typically a suspension of the motorist's driver's license." Norris' partner did not observe the cited motorist provide a signature but saw Norris writing on his PDA - an act not required by an officer writing citations.
Lawsuit Claims TN Cops Planted Drugs During Arrest - A man filed a $10 million federal charging Cookeville police abuse and corruption. Carlos Ferrell's lawsuit says police sicced a dog on him and framed him for a drug possession charge. The Tennessee Bureau of Investigation is investigating the traffic stop, which took place in June. It was captured on Officer Chris Melton's in-car video camera. Police searched Ferrell and found nothing. On the video, Melton is shown looking at the squad car before he reaches into his own shirt pocket. He places the same hand into Ferrell's front pants pocket. Melton claims to have found a small bag of marijuana. Ferrell was charged with simple possession. "Drugs were planted on Mr. Ferrell by one of the police officers," said Ferrell's attorney Blair Durham. "It's just blatant that syndrome it seems like of people that just feel like they're above the law," Durham said. "Literally, you wonder how many other people this has happened to." In the video, Melton is seen checking Ferrell's pockets multiple times. He doesn't find anything. Melton looks toward the camera. Then it appears he reaches into his own shirt pocket and puts the same hand into Ferrell's front pants pocket.
Tennessee cops first in nation to demand fingerprints for all traffic tickets or go to jail - Tennessee is the first state in the nation to fingerprint all travelors as criminals. Contact your Tennessee state senator and ask them to vote NO on the Finger Print Bill! When a traffic citation is issued, you are technically being arrested. You are released on an OR bond by signing the ticket (a promise to appear). If you don’t sign it, you go to the pokie. Why? Because when that officer starts writing that ticket, you are under arrest. So I see no difference between being fingerprinted when you are hauled to the pokie for not signing, and doing it when the actual charge is made. Maybe it will to serve to remind folks that a traffic ticket IS AN ARREST. During a traffic stop you are detained upon probable cause for investigation. When the officer decides to charge you, you are under arrest. When police start arresting and deporting 50-million illegal aliens, instead of THP selling fake ID “driver certificates” to 500,000 illegal aliens, then maybe I’ll support the Police State Prison Industrial Slave Complex.
Tennessee Authorizes Statewide Freeway Speed Camera Program - The support was due in no small part to the bill’s wording, which granted authority to deploy cameras in the guise of restricting them. The bill’s main sponsors, state Senator Tim Burchett (R-Knoxville) and state Representative Joe McCord (R-Maryville) both claimed to be personally opposed to the use of cameras. The bill serves no purpose as a limitation on local jurisdictions because no local authorities use photo radar on interstates. Burchett used the same deceptive tactic last year of “banning” practices that did not exist in order to give local jurisdictions authority to deploy red light cameras and speed cameras throughout the state. McCord was caught on video speeding at 110 mph on I-40 all the way the Nashville. He did not get a ticket nor was he arrested. Constitutional Equal Protection doctrine in 14th Amendment means that everyone now gets that same immunity.
Appeals Court: No Speeding Tickets for 'Fast-Sounding' Vehicles - The Ohio Court of Appeals ruled that a motorist cannot be convicted of speeding based solely on how fast his car may have sounded. Patrolman Ken Roth claimed his radar unit clocked Freitag at 42 MPH in a 35 zone. "As it approached I could hear the vehicle on the roadway which based on my training and experience it is consistent with a vehicle that was in excess of the posted speed limit," Roth testified. The trial court claimed it had taken judicial notice of the "Genesis Radar" that Roth used, but the state failed to specify which particular radar model was used. Freitag won on the point that the radar evidence was improperly admitted. He appealed, insisting that the officer's testimony that he could estimate a vehicle's speed by its sound or by watching a car's headlights through the patrol car's rear-view mirror was absurd. This time, the appeals court agreed. Calling the trial judge's ruling a "manifest miscarriage of justice," the court reversed Freitag's conviction.
California cops make cop mufflers LOUDER to improve motorcycle safety - Oakland has spent $15,000 on mufflers to make their police department's Harleys safer -- and noisier than federal standards. Over in Oakland they like it loud - so loud that all 45 of the Police Department's Harley-Davidson motorcycles have been equipped with shiny new tailpipes, at a cost of $500 apiece, to rev up their roar. It seems the cops just didn't feel safe on toned-down bikes. "There's an old motorcycle adage that you are heard before you are seen," said Deputy Chief Dave Kozicki, explaining the department's decision to toss the bikes' muted factory-issued mufflers in favor of the more high-volume pipes. Kozicki cited an accident three months ago in which an Oakland officer riding a toned-down cycle was struck by a motorist who said he hadn't heard the officer approaching. Oakland's cops had a long tradition of riding their Harley-Davidsons with the modified, louder tail pipes, earning them the nickname "Rolling Thunder." Oakland officials acknowledge that the noisy pipes, when tested, averaged 93 decibels - well above the federal legal noise limit, according to the Motorcycle Industry Council.
Lone gunman massacres RADAR robocop scamera operator - Mafia golfer Doug Georgianni, 51, was killed on April 19, as he operated a speed-enforcement van on a Phoenix freeway. Georgianni was sitting in the van when Destories allegedly pulled around the vehicle and fired multiple gunshots. Many simply assume the killing was the latest and most extreme backlash against Arizona's photo-enforcement program. The photo-enforcement program was launched under lesbian Democratic Governor Janet Napolitano, the treasonous director of Homeland Security for wide-open borders and invasion by 100-million illegal aliens. Redflex radar/redlight scameras export 95% of ticket revenue to a foreign corporation in Australia. Pathological liars in the media mafia do an excellent job censoring the legal fact that nobody has to pay those tickets, for lack of personal service of process, and the best defense is to throw them in the trash and ignore them, according to lawyers, judges, cops and politicians.
Knoxville motorcycle cop tries PIT Maneuver on SUV during speeding ticket stop - A Knoxville police officer was thrown from his motorcycle while trying to pull over a motorist Monday evening, the department said. At 5:24pm, Officer Larry Presnell was doing speed enforcement in the 2900 block of Kingston Pike, which is near the intersection with Neyland Drive. As Officer Presnell tried to stop an 2007 Toyota Rav 4, traffic in front of the SUV slowed down, and Officer Presnell struck the SUV, according to a public information officer with Knoxville police. When he was thrown from his motorcycle, Officer Purnell suffered a possible broken wrist. He was taken to UT Medical Center. The driver of the SUV, 20-year-old Kelsey Cardio, was cited for speeding. PatrolOfficer3 wrote: I happen to have went to the hospital last night to see Officer Presnell. Now, for the story from his point of view. Not a guess or speculation, but the fact as Officer Presnell said them to me. He clocked the driver of the SUV at 57 in a 45 zone and went out after her to issue a citation. Since there was no good place to stop her on Kingston Pike, he had turned his lights. Officer Presnell was attempting to turn his bike to the right and merge into the right hand lane behind the SUV when it stopped. Officer Presnell had his head turned to look over his right shoulder and make sure that he could safely merge, and when he looked back to the front, he didn't have enough room to avoid striking the SUV. PirateNews wrote: Thanks for Presnell's criminal confession to speeding and reckless driving, without required siren. He can now be arrested by any cop, grand jury, judge or citizen, based on admissible hearsay testimony probable cause supplied by credible informant PatrolOfficer3. Good work! 14th Amendment Equal Protection doctrine to US Constitution, when one group of citizens (govt employees) get a right or immunity, then everyone gets those rights and immunities. That's THE LAW. KPD cop Bradley Anders' public personnel file proved he crashed his patrol car into innocent bystanders 4 times in 5 years as a cop so he was demoted to desk jockey -- now Anders is a Knox County commissioner. KPD cop Ryan Flores' public personnel file proved he killed a woman in a car crash, and felony charges were filed against him for car theft -- now Flores is a "detective".
Insane cops stop ambulance, attack paramedics - WBCR 1470AM Maryville TN: It's like demonic spirits are in these cops, as he's sittin here choking that EMT. Like mad dogs. Probably fresh from kickin down doors in Iraq. Cops won't even let them save that woman's life on the side of the road." Ambulance crew: "At the hospital, officer 606 told my partner he had determined in his mind to pull his service revolver and use deadly force. All this was due to the mistaken idea that he had been flipped off." ," Judge Cercone ordered that the First Amendment to US Constitution allows flipping off any cop at any time: "Hackbart was expressing his frustration and anger when he gestured with his middle finger to the officer. Both gestures are protected expressions under the First Amendment, unless they fall within a narrowly limited category of unprotected speech such as obscene speech or fighting words." Car 64 crash on the Dragon by Blount County deputy was a chase for flipping off a crazy cop.
Judge in powdered wig orders 12 months jail for bogus "139 mph" undercover Hayubusa ticket - The police camera recorded a speed of 139mph but the defence team claimed that it could have been his “closing speed” rather than that of the bikers. Saxby claimed he was doing no more than 99mph. “I was riding the world’s fastest road bike and pushing it hard,” said police constable Smith. The legal speed limit on the German Autobahn is over 250 mph for commuter drivers and bikers.
Vigilante narc crashes bike - A motorcyclist who spends his spare time filming other riders and handing footage to police has written off his bike in a crash. Geoff Smith boasted of riding at the speed limit and sending police footage recorded on his helmet camera of other motorcyclists overtaking. Smith enraged MCN readers when we revealed his own record was far from unblemished, with prior convictions including driving without a licence and speeding. Most bizarrely, it emerged he’d been jailed for running a crooked ambulance charity. Solent Ambulance Service was supposed to deliver human organs for transplants but Smith had pocketed donations while living out a fantasy of driving with flashing lights and a siren. Most police informants are career criminals given immunity from arrest.
Killer pimp prosecutor indicted for hiring hitman - Paul Bergrin, a former federal prosecutor, is indicted for alleged role in killing of an FBI informant. His former clients include Queen Latifah, rap mogul Lil' Kim, and William Baskerville, who was convicted of ordering the execution of a secret FBI informant, Kemo Deshawn McCray. During Baskerville's 2007 trial, federal prosecutors alleged that Bergrin had disclosed McCray's identity to Baskerville's cousins, who hired a hit man to gun him down on a Newark street. Bergrin previously pled to misdemeanor prostitution after being taking over his client's prostitution business, NY Confidential, an Israeli escort service that charged $1,000 an hour and supposedly launched the career of the escort involved in the scandal that led to the resignation of former New York Gov. Eliot Spitzer.
Police property seizures seen as piracy - A two-decade-old state law that grants authorities the power to seize property used in crimes is wielded by some agencies against people who never are charged with — much less convicted of — criminal activity. Virtually anything of value was up for grabs: cash, cell phones, personal jewelry, a pair of sneakers, and often, the very car that was being driven through town. Guillory alleges in the lawsuit that while his clients were detained, they were presented with an ultimatum: waive your rights to your property in exchange for a promise to be released and not be criminally charged. He said most did as Dorman did, signing the waiver to avoid jail. Some lawmakers, fed up with calls from irate constituents, say enough is enough. Sen. John Whitmire, D-Houston, chairman of the Senate Criminal Justice Committee, said the state’s asset forfeiture law is being abused by enough jurisdictions across the state that he wants to rewrite major sections of it this year. “The idea that people lose their property but are never charged and never get it back, that’s theft as far as I’m concerned,” he said. In 2008, three years after stripping a man of $10,032 in cash as he drove south along U.S. 281 to buy a headstone for his dying aunt, Jim Wells County officials returned the man’s money — and the county then paid him $110,000 in damages as part of a settlement.
Search for missing Blount man scaled back - "After four days of exhaustive searching by law enforcement and hundreds of volunteers, the search for a missing Happy Valley man will be scaled down and backcountry search operations will be halted. The decision was made at about 4 p.m. Friday, said Blount County Sheriff's Office Assistant Chief Jeff French. Michael Hearon, 51, was last seen by a neighbor on his ATV Saturday and has not been heard from since. Hundreds of volunteers and officials covered about 450 acres. Tactics included an aerial search Friday with assistance from the Knox County Sheriff's Office helicopter, cadaver dogs from North Carolina, sheriff's deputies on horseback, private citizens with horses, ATVs and grid searches of the backcountry on foot. Great Smoky Mountains National Park Public Affairs Officer Bob Miller said Friday that rangers will also no longer be participating in large-scale searches. Anyone with information that could assist in locating Hearon should immediately call the Blount County Sheriff's Office 24-hour hot line at 273-5200." August 30. 2008
"Berrong said his agency is one of only three sheriff's departments in Tennessee to have the accreditation. BCSO has been the target in the past couple of years of community activists and citizens groups over what they perceive as mismanagement of funds and unaccounted-for vehicles. Notably, none of them chose to address Monday night's hearing. Judge William R. Brewer of Blount County General Sessions Court said that 19 years ago, Berrong took over administration of the department after the indictment and conviction of his predecessor on corruption charges."
-Knoxville News Sentinel, Blount sheriff's office pays for private re-accreditation, December 16, 2008
"Is that a surprise? Was that hearing held IN Blount County!?! When and how was public notice of the hearing disseminated?
I would have attended and voiced my opinion about the BCSO “cooperation” I have witnessed but I was wholly unaware of the hearing. A poorly noticed meeting during the holidays and after election time....What perfect timing to assure complacency. The police accrediting agency likely don't care about frivoloties like accounting, fiscal honesty and nepotism anyway. The whole accreditation scheme is simply BCSO demanding more money and equipment. No Blount Countian's life is improved by having the BCSO accredited. (Except Berrong and his cronies of course)"
-Comments, Knoxville News Sentinel, Blount sheriff's office pays for private re-accreditation, December 16, 2008
"Community activists say fear for their safety kept them from addressing officials who held a public hearing Monday as part of a re-accreditation process for the Blount County Sheriff's Office. But Jim Folts of Citizens for Better Government and Linda King of Citizens for Blount County's Future did send an e-mail to examiners for the Commission on Accreditation for Law Enforcement Agencies asking for a separate hearing 'in a safe environment, without fear of harassment.' Commission examiners held the Monday evening meeting in a courtroom in the Blount County Justice Center and heard unanimous support for the professionalism and cooperation the BCSO provides from an array of law enforcement officials from other jurisdictions. King said some citizens 'do not feel comfortable going on the sheriff's turf' and that people "have been followed home by Sheriff's Office vehicles. Blount County Mayor Jerry Cunningham said he pays no attention "to these kinds of folks. They have absolutely no credibility with me."
-Robert Wilson, Knoxville News Sentinel, Activists feared sheriff's hearing, December 19, 2008
"I am afraid that this article misses the point we were trying to make in our email to CALEA. We believe we have documented examples of very serious problems at the Blount County Sheriff's Office, including: major deficiencies in administrative systems; violation of statutes; misuse of funds; poor accounting practices; falsification of documents; poor treatment of personnel; and imtimidation of citizens. If CALEA is serious about their claim that CALEA certification recognizes excellence in all areas of law enforcement, we believe they should review our concerns (that we have documented in a 50-slide formal presentation) before certifying the "excellence" of the Blount County Sheriff's Office. CALEA was quite happy to attend a highly controlled meeting at the Sheriff's office, with speakers hand-picked by the Sheriff. But so far, CALEA has not even extended the courtesy of a reply to the email sent to them, early last week, by the two largest citizens groups in the county. If this is CALEA's attitude, how can citizens anywhere have any confidence in their certification of the "excellence" of a Sheriff's department? Mayor Cunningham's comment that "he pays no attention to these kinds of folks" is interesting. The citizens of Blount County are well aware that he ignores them. We would like to know just what "kind of folks" he is listening to."
-Jim Folts, Citizens for Better Government, Activists feared sheriff's hearing, December 19, 2008
How to file a complaint against Blount County sheriff - Persons wishing to offer written comments about the sheriff's office's ability to meet the standards for reaccreditation can write to: Commission on Accreditation for Law Enforcement Agencies, Inc. (CALEA), 10302 Eaton Place, Suite 100, Fairfax, VA 22030-2201, or e-mail firstname.lastname@example.org.
Tennessee ranked 11th in convictions for political corruption - Over 3-dozen Tennessee sheriffs were convicted of drug dealing in the 1980s. We should also point out that the entire South doesn't fare poorly: Georgia, North Carolina and South Carolina acquit themselves well -- at least in terms of their politicians not getting caught.
Guns allowed in Smokies January 1, er, Jan 9, 2009 - The National Park Service will allow weapons to be carried in the Smokies after the overturning of a federal rule restricting weapons in national parks and wildlife refuges. The Park Service said Monday that the agency will recognize handgun permits from Tennessee and North Carolina, beginning in January. National Park Service spokesman Bob Miller in Gatlinburg said under current regulations, firearms can be brought into the Great Smoky Mountains National Park only when cased or trigger-locked and left in vehicles. The new regulations will allow people who have valid permits to carry weapons to keep them on their person. The new rules will apply to permits holders from Tennessee, North Carolina and states with which they have reciprocal agreements. US Supreme Court case of Heller v DC partially overturned the federal gun ban on self defense in Washington DC, so Jr Bush finally obeyed the GD constitution in his last week in office.
Tennessee gun law tells feds to fuck off - Tennessee lawmakers may soon send the federal government a loud messagehands off our guns. A new law is under consideration that would say if firearms are manufactured and sold inside the state of Tennessee, federal gun law would not apply. Gun buyers are stocking up on weapons, and ammunition is in short supply. "It is a very significant fear for a lot of Tennesseans," says John Harris, Executive Director of the Tennessee Firearms Association. Harris says gun owners are worried. They believe the Federal government may soon restrict certain weapons. "But it's our way to make a statement to say this is Tennessee. These our are guns," says Rep. Henry Fincher, (D) Cookeville. Now, lawmakers have proposed a new bill called the Tennessee Firearms Freedom Act. It basically exempts guns made and sold in Tennessee from federal regulation, because they never cross the state line. "If these firearms are meant to be used just here in Tennessee, they're not properly regulated by the federal government because they are not in interstate commerce," says Rep. Fincher. "Your state, and I suspect every state, will be rushing to try to do something to preserve the rights of their people," says Ronnie Barrett with Barrett Firearms Manufacturing, Inc. The rifles made by Barrett Firearms are impressive (50-cal semiauto). Theyre also made right here in Middle Tennessee, which means this proposed law applies to their weapons. "And this is a great move to say that the state has rights, and the first thing they're going for is to protect their firearms," says Barrett.
Traffic court judge writes letter of apology to speeder - This letter is written to apologize for the unfortunate experience you had before the Municipal Court for Knoxville, Tennessee, in September, 2007. I was sitting as Special Judge that day, and I deeply regret any misunderstanding of the process, or resentment for any unnecessary remark that I made during the presentation of your case. There simply was no reason for me to begin my remarks with that statement, and it added nothing to the decision that had to be made. For that remark, I am truly sorry. Blount County state rep candidate Tona Ball won her appeal pro se, using free legal tips from DealsGapDragon.com re TN Rules of Evidence.
Cops let me refuel during chase,’ says 140mph speeder - A shocking video has shown an unmarked police motorcycle hitting 96mph in 30mph zone with no siren or emergency lights. Police says the deadly tactic was necessary to ‘gather evidence’ on speeding rider Michael James Collins, 22, from Beckenham, Kent. The video, shot from the police bike, shows a 15 minute high-speed pursuit on rural and urban roads. At one stage the police rider reaches 107mph in a 40mph zone. In his efforts to keep up with Collins, the officer also takes a series of massive risks, overtaking in the face of oncoming traffic and narrowly avoiding a head-on crash with another bike. Meanwhile, with nothing to indicate the mystery rider tailing him for miles is a police officer, Collins reaches 140mph in what could be an attempt to shake his pursuer off. After all the risk Collins was only arrested later, at a bike dealership in Kent. Magistrates handed him a two-year suspended jail sentence and riding ban and 240 hours' unpaid work. Incredibly, Sussex Police claimed it was safe for an unmarked police bike to travel at 96mph in a 30mph zone with siren and flashing lights off. The biker followed for miles by an unmarked police bike at up to 140mph has told how cops allowed him to refuel before continuing the chase. Police followed Michael Collins, 22, for 40 minutes to ‘gather evidence’. When he stopped to fill up, an officer in plain leathers on a silver Honda Fireblade simply waited further along the road. Collins said: “He was obviously trying to be very, very close to me so I was a bit wary of that. He looked a bit sketchy and I didn’t particularly want him that close to me. These type of tickets are easy to win in court. US law is based on English Common Law. Equal Protection doctrine in the 14th Amendment to US Constitution (that freed the slaves after the Civil War) requires that when one group of citizens (police, judges, etc) get a right or immunity, then everyone gets that right or immunity. Police are only allowed to break a traffic law when both emergency lights and siren are turned on. Always use the police video against them, and demand that the judge immediately arrest cops for traffic crimes (this is a required step of this legal defense). If the judge refuses to arrest the cop, then the judge MUST dismiss all charges against the driver. Otherwise, we would have cops committing bank robberies to catch bank robbers, and cops perping serial killings to catch a serial killer. Example of prosecutor's phone call to dismiss all charges when this legal defense was used in court in USA
Deputy Smiles In Mug Shot After Fleeing Police - The man grinning in his mug shot is a Volusia County deputy and he's accused of taking local cops on a high-speed chase with his motorcycle. It all started when Edgewater police tried to pull over deputies Omar Lopez and Austin Littleton. Police said the deputies were speeding and driving recklessly on their motorcycles. There was an officer posted in a parking lot when he saw two men on motorcycles speeding past him; one was doing a wheelie. As soon as police followed them, they sped up and disappeared into a neighborhood. Lopez was smiling when he was booked into jail Tuesday, even though the five-year sheriff's veteran is facing a felony charge, accused of running from Edgewater police. Both men were suspended with pay Wednesday morning while the sheriff's office investigates.
British police state blocks passports for parking tickets - A million motorists with unpaid parking fines face being stopped from leaving the country. Too bad they don't make any attempt to keep out millions of illegal aliens. That's how a slave plantation works - easy to get in, impossible to escape. Note that it's ILLEGAL for police or courts to enforce an unpaid debt without personal service of process hand-delivered to the defendant in the lawsuit, or mailed and returned with signature by the defendant. This is true for any parking ticket or traffic ticket, including photo tickets.
Police state death squads open fire on unarmed couple during traffic stop - "He saw what he perceived as a threat and thought he was shot, and based on that both officers discharged their firearms," said Dino Bardoni, commander of investigations. The couple's SUV was riddled with bullet holes and its rear window was shattered. The officer stopped the vehicle because one of its license plate lights was not working. Neither of the vehicle's occupants was arrested or cited. One is the same officer involved in the tragic shooting death of a woman shot and killed when officers mistook a knitting needle for an ice pick.
Photo radar ticket defense tips - Tennessee and North Carolina are giving away all streets and highways to private toll roads for foreign military contractors. "It is extremely easy to beat this type of ticket in court. Your easiest defense is to simply throw the ticket away. If it does not come with a return receipt that requires a signature, there is no proof that you actually got the ticket and they cannot prosecute you on that. Also, you do not have to identify yourself as the driver of the vehicle because it would violate your sixth amendment rights against self incrimination." - Norman G. Fernandez, attorney at law
Tennessee lawmakers get special license plates for diplomatic immunity from traffic tickets - Tennessee's 132 lawmakers have ordered more than 300 special state House and Senate license plates for themselves and family members, a public records request has shown. Only 34 lawmakers declined the blue-lettered plates for themselves or their relatives. Several lawmakers say they believe the tags draw more attention to them rather than giving them a pass on speeding or parking tickets. Privacy laws prevent the state Department of Revenue from releasing the tag numbers on the legislative plates, so it's not possible to verify whether cars with the special tags are more or less likely to get pulled over. Rep. John Deberry, a Memphis Democrat tops the list of eligible plates with 11 -- though he says not all of those are currently in use. This is what Blount County legislators Joe "Ton Ten" McCord used to drive 110mph to Nashville, and Carl "Coca" Kolla used when stopping at every crack house, with diplomatic immunuty.
How to never pay a traffic ticket when you lose in court - Affidavit of Indigency, Homestead Exemption, Tenancy In The Entirety and Order of In Forma Pauperis allows 50% of US citizens to NEVER pay fines or court costs in ANY case, including traffic tickets, which account for 99% of all court cases in USA. In Florida, "paupers" include owners of $10-million homes without mortgages. Knox County TN Criminal and Sessions Court judges waived $150,000 in fees, fines and other court costs to defendants during a recent two-month period in 2008. Knox County Courts Report
How to never pay a parking ticket - Just ignore it and throw it in the trash for lacking personal service of process. Constitutional Equal Protection doctrine of the 14th Amendment requires that when government employees get free parking, then everyone gets free parking, per City of Cookeville v. Onks, 1993 WL 398472, Tenn.App.,1993. Municipal, state and federal government agencies are among the biggest offenders when it comes to illegal parking and non-payment of parking citations. A report released last week by the US House Committee on Transportation documented 4000 cases last year where employees in federal vehicles skipped out on paying parking tickets worth $700,000 in Washington, DC and New York City. The total does not include unpaid tickets in foreign countries and other cities throughout the fifty states where 642,000 automobiles registered to the US government are in use. "Over one-half of all workers in the southernmost section of Manhattan are government employees," the report explained. "Essentially, all of lower Manhattan is a free parking lot for government vehicles." The Federal Bureau of Investigation (FBI) was responsible for the majority of delinquent New York City parking tickets issued to federal automobiles. FBI officials told the committee that after a thorough investigation they were unable to come up any suspects who may have been responsible for illegally parking FBI vehicles on 218 occasions. The report also noted that most meter maids ignore federal vehicles because they know there is no point in issuing a citation. "Federal law requires employees to pay parking tickets received on U.S. government vehicles, but because there are no consequences for ignoring parking tickets, federal employees have no incentives to pay up or to comply with local parking laws," the report stated. "The DC Department of Public Works does not boot or tow government-tagged vehicles, 'as a matter of long-standing policy.'" In Washington, US military recruiters were the top federal recipients of tickets. The recruiters complained that this was a result of the city's notorious lack of parking. A total of 158 parking tickets went to the Army, Navy and Air Force worth $27,840 last year. Although most of the military recruiters believed the tickets were issued in error, none found it necessary to challenge the DC citations under the same process that ordinary motorists must face. "Tickets have not been challenged due to the demanding work schedule Navy Recruiters have had," the Navy told the committee. There is reason to listen to the complaint about bogus citations. A December 9, 2007 fleet management report provided by the New York City Department of Finance claimed that the 1st Marine Corps District owed $496,818 for 2539 parking tickets. It turns out that the city misidentified the vehicles involved and the Marines only owed $19,551 for 151 tickets. Often ordinary motorists who are falsely accused of such violations are forced to pay large fines simply to protect their credit rating or driver's license. Federal workers were not alone in ignoring parking laws. City workers in Washington and New York also disregarded citations issued by fellow employees. DC government vehicles generated 329 unpaid tickets worth $33,360 while New York city and state vehicles skipped out on paying 2562 tickets worth $490,939. "As public servants, federal employees should have a heightened sense of responsibility for preserving, protecting, and promoting public safety. Federal employees who use government property, including government vehicles, to break the law are not only abusing their positions but are abusing the public trust," the committee report concluded.
Got a speeding ticket; Cop trying to blackmail me!!! - He writes me a ticket for 81 in a 55.. but says the charged speed will be 64 in a 55 so it's less than 10 over. Then he gives me the ticket, and proceeds to tell me that if I try to fight the ticket and it goes to trial, he will bump the speed back up to 81 and i WILL get the maximum penalty. "Extortion by the court" is what lawyer textbooks call this situation. Every defendant who refuses to lay down and be a good slave and plead guilty to a crime will always be punished by a prosecutor and judge. A plea bargain allows defendants to pay the minimum price. Demanding a jury trial always results in prosecutors seeking a max penalty, and judges are happy to order that, if the state wins. This is true in all traffic cases.
Blount County locked down the Gap - I WORKED at the Sheriffs Office. Hardly anyone ever went into the job with the idea that they were going to become a prick, but in the end, when you have 90% of the population hating you just for what you do, most people you deal with lying to you, etc. you tend to turn into that prick. That's part of how I ended up here in TN. I had a day off, I looked in the mirror one day and suddenly realized why none of my friends ever called anymore. I had become the very kind of person I didn't want to be. I was like them. Hell, I wouldn't have called me either! Respect, as you say, is earned, not given. I'd give about 8% of that agencies multi-thousand person force any sort of respect. They even joked about how many laws they bent or violated to suit their own needs and some people they harrassed just because they felt like it. Sad, yes, true? Very. BCSD is $850,000 in debt so far this year. Blount County sheriffs dept tracks its patrol cars with GPS that also measures patrol car speed. The patrol car videos are evidence of dozens if not 100s of traffic crimes perped by each cop every day, and can be used is court to impeach to cop's credibility, and as a Constitutional Equal Protection doctrine defense - if a govt employee is allowed to do something, then everyone must be allowed to do it. TN code requires all cops to obey every stupid traffic law, unless both their emergency lights and siren are turned on.
102 mph speeding ticket for going 88 in 70 - The cop approached me, told me he pulled me over for speeding and asked me what my rush was. I admitted that I had been speeding and apologized. A few minutes later he returned and just told me that the court would be contacting me in 2-3 weeks about how to handle it, told me to sign the ticket and then went back to his car. When I looked down at the ticket, I saw that I had been cited as an infraction under VC 22348(B) and that the ticket had been written for 102! Until that point he never told me the speed he thought I was going, and I didn't say anything because I assumed he would write me up for the 88 and I would pay the fine I deserved.
THP trooper resigns for fixing tickets - A Tennessee Highway Patrol trooper has resigned for failing to turn in traffic tickets.
Trooper Charlene Green, 32, patrolled Claiborne County and had worked for the state Department of Safety since January 2004. She quit Wednesday to avoid being fired, according to a THP news release. The department will move to have her stripped of her law enforcement certification. THP investigators will turn their findings over to 8th Judicial District prosecutors, who'll decide whether to file criminal charges against Green. "Ticket fixing" is felony extortion and solcitation of bribery, with official oppression, destruction of evidence, perjury, racketeering, conspiracy, etc.
My first ticket on the ZX10R - I have every intention of taking it to court. I called about 10 attorneys when I got home.
Im going to fight it. You need the Will to Win. Think of it as Motorsports Psychology, that all winning athletes use to win. You have to BELIEVE you have a right to WIN. Then you have to do your homework (read some laws, develop a strategy for your case). Your first trial can be a simple defense, then with later tickets you can use a more complicated defense. Law is FUN once you realize you DO have Constitutional rights. You are standing up for the US Constitution, USA and highway safety, against the forces of Communism, Fascism, Globalism, Evil and Insanity. Retake the moral highground. That makes it easy to believe in your case, which makes it easier to win. Most of what police and courts do is illegal according to their own laws. Catching cops and courts doing illegal things means YOU WIN your case. So THINK LIKE A COP.
Blount sheriff says deputies can shoot city cops in the back - Blount County Sheriff deputies massacre Maryville Police officer by firing 15 shots in his back at point blank range. Blount County Sheriff Jim Berrong said Monday that Leroy Hickman Jr, 61, who had been characterized to the sheriff's office as "unstable," died in a fusillade of bullets from deputies who had been sent to his home to arrest him in connection with domestic assault charges.
Video: Don't pass a cop on the Dragon - Tennessee Code §55-8-123. Driving on roadways laned for traffic: (4)(A) Where passing is unsafe because of traffic in the opposite direction or other conditions, a slow-moving vehicle, including a passenger vehicle, behind which five (5) or more vehicles are formed in line, shall turn or pull off the roadway wherever sufficient area exists to do so safely, in order to permit vehicles following it to proceed. (B) Any person failing to conform with the provisions of subdivision (4)(A) shall receive a warning citation on first offense and be liable for a fine of twenty dollars ($20.00) on second offense, and fifty dollars ($50.00) on third and subsequent offenses.
Tennessee judges agree that speed limit is invalid on the Dragon - In the trial court, the defendant asserted that the posted speed limit on State Route 62 had not been established in compliance with applicable law. The speeding citation in this case specifically charges that the defendant committed the “offense” of “speeding 1 67 mph in 45 mph zone.” Where there is evidence of a posted speed limit and no question is made as to its regularity or validity there is a presumption that the
posted speed is in compliance with the law. However, if the posted speed sign was placed without statutory authority, the failure of a motorist to heed its restrictions could be negligence but he should not be penalized with the consequences of the rule of negligence per se of violating a statute, since a statutorily established speed limit prevails over speed signs erected without statutory authority. We are not aware of a Tennessee appellate court decision in which a defendant cited for speeding has employed the defense that a posted speed limit was not validly established. However, other states have addressed the use of such a defense in speeding cases. In holding that the trial court erred in excluding this testimony, the Virginia court stated as follows: [A city traffic engineer’s] proffered testimony tended to prove, although not conclusively establish, that no traffic or engineering study had been performed as required by Code § 46.2-1300 in order to establish a thirty-mile-per-hour speed limit on West County Street. Thus, the evidence was relevant and admissible, and the trial court erred by ruling that appellant could not challenge the speed limit and by refusing to admit or consider [the traffic engineer’s] evidence in order to rebut the presumption [that the speed limit had been legally decreased]. We conclude that the defense asserted by the defendant is an appropriate defense to the speeding charge and that the trial court erred when it concluded that this issue could not be raised in that court. The judgment of the trial court is hereby vacated, and this case is remanded to the court below for further proceedings in accordance with this opinion. Costs on appeal are taxed to the City of Oak Ridge. TENNESSEE COURT OF APPEALS OF TENNESSEE AT KNOXVILLE, CITY OF OAK RIDGE v. DIANA RUTH BROWN, No. E2004-01574-COA-R3-CV, AUGUST 19, 2005
The 85th Percentile Speed exceeds 80 mph speed limit in Utah - The Utah Department of Transportation (UDOT) announced last week that the experimental increase in the state’s maximum speed limit to 80 MPH has been a success in terms of safety. UDOT Deputy Director Carlos Braceras testified before the state Interim Committee on Transportation that that there has been no increase in accidents as a result of the higher number printed on the speed limit signs on certain stretches of Interstate 15. The number of vehicles exceeding the speed limit decreased 20 percent. With the speed limit posted at 75 MPH, 85th percentile speeds measured between 81 and 85 MPH — barely different from the 83 to 85 MPH speeds under the higher 80 MPH limit.
Creepy GOP senator John Warner wants to reinstate the national 55 mph speed limit police state - Meanwhile gas costs 45-cents a gallon in Mexico, which imports half it's oil from USA, where British Petroleum exports most of the oil in Alaska to Mexico, Japan and Communist china, or pumps it back into the ground. Oil executives testified to Congress that same week that Jewish bankster speculator gamblers on Wall Street are why oil prices are up when demand is crashing, and that Congress can pass a law to close that loophole, and within two weeks gas would drop back to $1 per gallon. As seen raising special forces zombies in Buffy the Vampyre Slayer.
How to legally run redlights in Tennessee - Court of Criminal Appeals was faced with the question of whether or not the defendant was guilty of failing to obey a traffic signal under Tenn. Code Ann. Section 55-8-110(a)(1) where he had entered the intersection to turn left when the light was green, properly yielded to oncoming traffic, and then turned left when the way was clear although the light facing him had already turned red. The court held that the turn was legal. State v. Mowery, 34 TAM 42-26, 8/19/09, Nashville, Glenn
Speeding cops steal sportbike for speeding - Rogersville Tennessee police arrested Rusty Shane Webb for allegedly hitting 176 mph while fleeing an attempted traffic stop. "He pretty much confessed to everything. He said he built that bike to race. See that back sprocket? The bigger it is the faster the bike will go. When I was doing 135 he was running off and leaving me..."
Police Evidence Video Stung by the Dragon - THP "drag racing sting" on US 129 at Deals Gap. Anyone who doesn't fight these tickets is directly funding this corruption. If you need advice or representation, call attorney Chris Oldham in Knoxville at 865-934-0753. Oldham has won perjury orders for arrest of THP troopers in Blount County courts, for testilying about RADAR speeds when RADAR wasn't even turned on. You also have the right to request all evidence that will be used against you to prepare your court case, so do it! Maybe we'll see another spectacular piece of cinema like the last time. Videotape cuts both ways... It should be noted that everyone got charged with "Drag Racing", a VERY powerful ticket in TN, but as far as I know no one was convicted of it. They either took the plea bargain of Careless/Reckless, or fought it and got the charges reduced to simple speeding, or thrown out completely. Noah Hendrix is the one on the yellow Honda they magically predict "is going to pass, so pull him over." He never passed anyone, and atty. Chris Oldham got the case thrown out. Evidence Summary -- Evidence Analysis: Note that cars crossed the centerline 35% of the time, but sportbikes crossed the centerline only 25%, but only bikes were ticketed. Tractor trucks cross centerline 100% blocking both lanes in every corner
Cops jam cellphones and block news media during terrorism and home invasions - The New York Police Department is looking for ways to disrupt cell phone calls and other forms of electronic communication among terrorists in the event of another terror attack in New York, Police Commissioner Raymond Kelly says. Kelly stressed the need for law enforcement to be able to disrupt cell phone calls and other communications during an attack, pointing to threats posed by the media when they disclose law enforcement tactics. NYPD has the means to disrupt electronic communications for a small group of terrorists without shutting down cell phone service to a large part of Manhattan.
Cellphone Jammers for Highway Safety - Looking for a cell phone interupter that will work like a garage door opener? Something that will disrupt just long enough to hang someone up. Say the car in front of me when they are talking on the phone and not paying attention to how they are driving. $30 jammer has range of 40 feet for killing calls in progress, longer range for prevention of calls. $150 jammer has double range.
GPS Blocker for Highway Freedom - Blocks GPS reception and prohibits all GPS-enabled device from tracking your current location. Tax exemption from GPS tax per mile schemes by Big Brother.
Right to Self Defense Unconstitutionally Banned in Tennessee - Tennessee traditionally excludes people from carrying a weapon for the purpose of going armed. Going armed includes, "Well officer, I had it in the event I needed it" or for "self protection" or "self defense". These are illegal purposes. For readers who are interested in the exactitude of the law see TCA 39-17-1307. Unlawful Carrying or Possession of a Weapon. There are certain defenses to the unlawful carrying or possession of a weapon, and they are found at TCA 39-17-1308. Essentially one can carry an unloaded rifle, shotgun or handgun, not concealed on or about the person and the ammunition for the weapon is not in the immediate vicinity of the person or the weapon. The best scenario is to have the gun lying on the seat with the clip or bullets removed. Preferably, not in the vicinity would mean the trunk. The gun doesn't do you much good except for clubbing purposes, if you can't get to the bullets. Criminal Intent: In general to commit a crime one must have the intent to violate the law. If you put a loaded gun in the floorboard just in case you need it for self protection or self defense, you are violating the law in the State of Tennessee. However, if one is on his farm or out at the shooting range using his gun and absentmindedly leaves a loaded weapon on the floorboard for transportation back to home; absentmindedness should be a defense. You did not have the intent to violate the law. Gun permits are another exception to the prohibition against carrying a weapon for the purpose of going armed. However, remember that gun permits do not permit you to travel across Federal property such as TVA, Federal Parks, Highway 441 between Pigeon Forge and Gatlinburg, commonly called the Spur, the Foothills Parkway, etc. It has been my experience that while guns may be confiscated on the Federal enclaves, their guns are returned after the individual appears in court, presents their right to carry permit and at the same time, pay a fine and court costs. A. Thomas Monceret, attorney at law, Knoxville TN, ABATE member. DealsGapDragon Editorial Comment: State and Feds claim US citizens have no right to exist, follow advice of convicted drunk driver George W Bush that "The US Constitution is just a goddamned piece of paper! I'm the dictator!" Feds slaughter Christian church of 80 men, women and children for alleged non-payment of $250 license fee in Waco/Crawford Texas, using full-auto machine guns, bombs, helicopter gunships, poison gas, tanks and flame throwers, teamed with Israeli and Communist Russian military troops.
Tennessee cops kill granny enroute to hospital - Death penalty for expired tags. Deputy gets suspended 1 day with pay. Now you know why all cops within 100 miles are required to attend funerals for cops, to scare the celebrations away. Good case to enforce the Constitutionally guaranteed God-given right to travel without an internal passport extorted at gunpoint by police state death squads.
Suspended license - First of all, you have a Constitutionally guaranteed God-given right to travel, by any mode of transporation, whether driving, boating, flying or riding, for non-commercial not-for-hire purposes, without any regulation/licensing/ticketing/passport, extorted at gunpoint by police state death squads, according to police officers and the US Supreme Court. Any cop, prosecutor or judge who says otherwise is a an idiot or a traitor. No boat driver or ultralight pilot has a "license" in USA today. In fact there is no such document as a "pilot license" in USA - it's called a "pilot certificate", and it is permission to ignore all speed limits. Most scooters don't require a license. Many automobile drivers don't need a license nor vehicle tags in USA, when they're govt employees. 50-million illegal aliens are not required to have driver licenses nor ID in USA. All courts agree that no govt has authority to require any person to buy a driver license contract. Which is why any driver with a suspended or revoked license can always buy a Restricted License (for travel to work or doctor). This is a CONFESSION by psycho Big Brother that govt has no authority to restrict travel, since to do so would be a death sentence. Most judges in USA do NOT have a license to practice law and never attended law college nor passed a bar exam, and some cannot even read, according to NY Times. If judges don't need a license in traffic court, why do we need a license to travel? Hint: "Driver" and "operator" are defined in US Code as "commercial driver for hire", while "traveler" is the correct term for non-commercial users of motor vehicles.
Foreclosure Rocket Docket trial last 15 seconds - Banks foreclose even when no payments were missed or late, when property values drop below the equity required in the mortgage contract. Or when 3 paymets were late in 30 years. 1,900 cases per month at $100 each pays each lawyer $190,000 PER MONTH personal income stealing houses for banksters who never loaned any money but counterfeited loans out of printer ink. This is why fighting traffic tickets can pay you $100,000, to know when judges lie and bluff.
Win your criminal case in England and the govt has to pay your lawyer fee - "We have commonly found that in scenarios where a car and motorcycle are involved in an accident, it is the biker that gets pursued for an offence rather than the car driver. Detailed below is the outline of a case Motor Defence Solicitors took on and successfully obtained an acquittal for the biker. Motor Defence Solicitors established at Court that the driver of the vehicle and his passenger remembered as they approached the junction in question that they had left a birthday card at home. Therefore, we were able to show the reason for the 'short cut' being taken. On top of this, Motor Defence Solicitors proved two key points at Court: the car driver did not use his indicator; and the car driver did not look in his mirrors before undertaking this manoeuvre. The Court therefore found that there was no evidence to support that AM had driven carelessly and acquitted him of the offence. The Court also made an order that AM's legal costs be paid out of public funds. Our sister firm, White Dalton Motorcycle Solicitors, is pursuing the car driver for AM's personal injury claim. This is a case where, on the face of it, you could easily see it as a reckless overtake by a biker. However, this should highlight the importance of 'digging' into the details further, as all may not be quite as straightforward as the authorities would have you believe."
Utah Trooper Suspected in Dallas Shootings - A Utah state trooper suspected in a series of fatal rush-hour shootings near Dallas had an addiction to painkillers and a warrant had been issued for his arrest in connection with a recent robbery. Dallas police think 37-year-old trooper Sgt Brian Smith was responsible for at least one death that resulted from the shootings. Smith was in critical condition on life support Wednesday morning at a Dallas hospital from a self-inflicted gunshot wound. Police said he shot himself in the head early Tuesday after a brief standoff and more than six hours after the roadway shooting spree ended. Before the standoff, two people were killed and a third was wounded in four rush-hour shootings Monday along or near a Dallas-area highway. Police said the victims appeared to have been selected at random. The crime spree appears to have begun in Garland, where a man police identified as Smith jumped over a pharmacy counter at a grocery store and stole Oxycontin pills. Minutes later, in Garland, a driver pulled up alongside a small Nissan stopped at a red light and opened fire, Harn said. The Nissan's driver, 20-year-old Jorge "George" Lopez of Rowlett, was killed. Witnesses told police the driver headed toward Interstate 635 in Dallas, where shots were fired at an 18-wheeler. Minutes later on the same highway, a gunman shot and killed 42-year-old William Scott Miller, the driver of a United Van Lines rig. Police said the driver, who was about to fly home to his wife and two young daughters in Frankfort, Ky., for the holidays, was able to safely stop his truck before he died. Southlake authorities obtained a warrant for Smith's arrest in connection with a Dec. 17 robbery of a woman in a suburban shopping center parking lot. The woman was sitting in a vehicle when a man approached and shot a liquid in her eyes, temporarily blinding her. "He had some type of squirt gun," said Southlake police spokesman Mike Bedrich. When she covered her face, the suspect took her purse.
Maryland Trooper Fired in Bizarre Drunken Chase Case - A Maryland State Police trooper was fired after being charged with kidnapping a man in his marked police car during a chase in which the trooper was the one running from other officers. Baltimore County police were called to a fast food restaurant at Loch Raven and Taylor avenues at about 2:30 a.m. Saturday after getting calls that a state trooper who appeared to be drunk was using a marked police car -- lights and sirens blaring -- to pull people over at the drive through. According to court documents, a witness reported that "a drunken state trooper grabbed (one man) out of his car and put him in the police car." Investigators said county police approached the trooper, but as they did, he took off, racing east on Taylor Avenue at a high rate of speed. Wrzosek was off duty at the time of the incident, Miller reported. He was authorized to have a take-home police car. On Saturday, investigators said Wrzosek's blood-alcohol content was 0.20 -- more than twice the legal limit.
Police Have No Duty To Protect Individuals - England's first police force, in London, was not instituted until 1827. The first such forces in America followed in New York, Boston, and Philadelphia during the period between 1835 and 1845. They were established only to augment citizen self-protection. It was never intended that they act affirmatively, prior to or during criminal activity or violence against individual citizens. Even if all 500,000 American police officers were assigned to patrol, they could not protect 240 million citizens from upwards of 10 million criminals who enjoy the luxury of deciding when and where to strike. But we have nothing like 500,000 patrol officers; to determine how many police are actually available for any one shift, we must divide the 500,000 by four (three shifts per day, plus officers who have days off, are on sick leave, etc.). The resulting number must be cut in half to account for officers assigned to investigations, juvenile, records, laboratory, traffic, etc., rather than patrol. San Francisco Police Department "dropped" 157 calls to its 911 facility, and about 1,000 calls to its general telephone number. An SFPD dispatcher said that 150 dropped 911 calls, and 1,000 dropped general number calls, are about average on any given day. Because the police have no general duty to protect individuals, judicial remedies are not available for their failure to protect. In other words, if someone is injured because they expected but did not receive police protection, they cannot recover damages by suing (except in very special cases, explained below). Warren v. District of Columbia is one of the leading cases of this type. Two women were upstairs in a townhouse when they heard their roommate, a third woman, being attacked downstairs by intruders. They phoned the police several times and were assured that officers were on the way. After about 30 minutes, when their roommate's screams had stopped, they assumed the police had finally arrived. When the two women went downstairs they saw that in fact the police never came, but the intruders were still there. As the Warren court graphically states in the opinion: "For the next fourteen hours the women were held captive, raped, robbed, beaten, forced to commit sexual acts upon each other, and made to submit to the sexual demands of their attackers." The three women sued the District of Columbia for failing to protect them, but D.C.'s highest court exonerated the District and its police, saying that it is a "fundamental principle of American law that a government and its agents are under no general duty to provide public services, such as police protection, to any individual citizen." California's Government Code, Sections 821, 845, and 846: "Neither a public entity or a public employee may be sued for failure to provide adequate police protection or service, failure to prevent the commission of crimes and failure to apprehend criminals."
Jury aquits cop of bodyslamming woman - Jury of sheeple alleges cop is Not Guilty in spite of hidden video. $11-million civil rights case is still pending. Rogue cop was promoted to dick, er, detective.
Tennessee cop wins by one vote - her own - Angela Tuttle has been elected constable in Hancock County by a single write-in vote -- her own. Constable Lewis Hopkins Jr. told his daughter no one was running for the office and she should do it. Tuttle wrote in her own name in balloting on Thursday. No one else voted in the race. She won.
Americans Murdering Their Judges,
and the US Crisis of Judicial Corruption - The key statistic to understanding America, is that it has over 2.2 million prisoners (!) out of about 300 million people. This is 25 per cent of all the prisoners, anywhere, in the entire world. USA now has the world's biggest gulag. The United States of America is a giant machine for jailing people and making them afraid. With 2.2 million prisoners, America can be very casual about who it throws into prison. Estimates are that at least 5 per cent, or over 100,000 of these prisoners, are completely innocent. These statistics fail to count the 100-million innocent US citizens criminally prosecuted for traffic crimes, in violation of the Constitutional right to travel.
Anarchy out of chaos: FBI raid targets Mongols motorcycle gang - Dozens are arrested on federal racketeering charges after a multi-agency investigation. Federal agents also want to seize the Mongols' trademarked name: 'We're going after their very identity.' After the arrests of 61 members of the Mongols biker gang on federal racketeering charges Tuesday, U.S. Atty. Thomas P. O'Brien stood in front of two dozen gleaming motorcycles seized from the gang and vowed to go after more than just the Mongols' means of transportation. In what he called an unprecedented move, O'Brien said he would seek to take control of the Mongols' name, which the gang has trademarked, through a restraining order barring them from wearing it. Tuesday's crackdown involved more than 1,000 federal agents and police in Southern California, Nevada, Oregon, Colorado, Washington and Ohio. The indictment, the first three pages of which list 79 gang member defendants with menacing monikers such as "Monster," "Danger" and "Violent Ed," is drawn largely from the observations of four undercover female ATF agents who penetrated the gang and four current Mongols members who became paid informants for the government. Investigators also relied heavily on wiretapped telephone calls in which Mongols, usually speaking in coded language, discussed the gang's allegedly criminal operations. The key to the investigation -- dubbed Operation Black Rain -- was the work of the undercover female agents who spent several years gaining the Mongols' trust, officials said. Before being admitted to the gang, they were checked out by a private investigator who had been hired by the Mongols and they were given polygraph exams. There also are patches associated with the gang's alleged sexual rituals. Members are awarded wings of varying colors for engaging in sex acts with whores (ATF agents) at prearranged "wing parties," the indictment states. For example, members who have sex with a woman with venereal disease are given green wings, according to the indictment. CIA and White House can't allow private competition in their narco business, as part of Iran Contra.
US Dept of Homeland Security CIA DEA ICE jets crash or seized with 10 tons of cocaine in Mexico - The Gulfstream II jet that crash landed in the Mexican Yucatan in late September carrying close to four tons of cocaine was part of an operation being carried out by a Department of Homeland Security agency, DEA sources have revealed. The operation, codenamed “Mayan Express,” is an ongoing effort spearheaded by U.S. Immigration and Customs Enforcement (ICE), the sources claim. The information surfaced during a high-level meeting at DEA headquarters in mid-December, DEA sources familiar with the meeting assert. “This is a case of ICE running amok.”
Traffic tickets for driving zero mph in traffic jams - Motorists could face £20 spot fines if they leave their engines running while stuck in traffic. Traffic wardens will be able to issue the penalties - after a warning - in a bid to cut down on pollution. Signs have been put up at level crossings, telling drivers to switch off when the barriers are down. 'If you are stuck in a traffic jam and a warden slaps a ticket on your windscreen, that is ridiculous. The danger of everyone switching off in a jam is that some may not start up again. And then there's gridlock.' Mr Watters added: 'The legislation allowing councils to impose such fines has been on the statute books for a few years, but few drivers are aware of it.' Rule 123 of the Highway Code says: 'If the vehicle is stationary and likely to remain so for more than a couple of minutes, you should switch off the engine to reduce emissions and oil pollution. However, it is permissible to leave the engine running if the vehicle is stationary in traffic.' The AA said: 'For less than a minute it is not fuel efficient to switch off because you will use more fuel starting up than you will save. It only becomes fuel efficient to switch off if you are going to be stopped for a minute or more.'
British subjects asked to spy on speeding drivers - Residents in Swarland, Northumberland, have been asked to note down registration numbers of cars they think are over the speed limit. Northumbria police will then issue a letter to the alleged offender, and store their details on a database. But the police have be criticised for asking people to become 'do-it-yourself traffic officers' while some claim the scheme will be open to abuse to villagers with an axe to grind. If reported twice, motorists can expect a visit from an officer and after three they will become a target for police to monitor. Beccy, 54, said: "How on earth are they supposed to know what speed they are doing? You could be doing 28mph, how would anyone know unless they had a speed gun?"
Guardian angel on Crooked COPS TV - Jimmy Justice accuses cops of being criminals on the Prosecutor Star Jones Show, wrasslin with NYPD over videocams, "You broke the law!" Best to not yell at crooked cops, just make a citizens arrest. If the cop resists, lawfully escalate the violence in self defense, to include lawful use of deadly force and justifiable homicide of career criminals wearing badges, by shooting scumbag cops in the head until dead as White House FBI agent G Gordon Liddy says on his Republican Party radio show.
KFC Taco Bell peed in cops' food - "Employees maintained 'special servings' of food reserved for officers," the lawsuit said. "The 'special servings' had been urinated in or spit in by KFC/Taco Bell employees." The employee accused of urinating and spitting Officer Keith Andrew's food, Casey Diedrich, pleaded guilty last year to violating the Nebraska Pure Food Act and fined $100, according to court records. A company spokesman said last year that Diedrich eventually was fired for missing work but not for any of the incidents the lawsuit cited.
Nazi Communist UK Government to Make Challenging Speeding Tickets More Expensive - The new UK government proposal seeks to convert this "loser pays" arrangement to one where motorists and other defendants are always on the paying end. Guilty or innocent, the accused would be responsible for covering all costs of the defense. Tan Ikram, chairman of the London Criminal Courts Solicitors Association, blasted the proposal.
The average cost of presenting a defense in a crown court trial is £2800 (US $4200), but the court does provide public defenders in some cases. The system considers anyone with more than £3398 (US $5077) in annual disposable income able to afford the defense costs on his own. "We believe that this is a fair position as, in these straightforward cases, defense representation is not a requirement for an individual," the Ministry of Justice report states, , as true in all civil or robocop traffic ticket trials in USA. European Court of Human Rights formally stripped motorists of their right to remain silent and to be presumed innocent, as true in all robocop or civil traffic ticket trials in USA. That's why Europeans must read DealsGapDragon.com to successfully defeat these schemes and always get paid for winning in traffic court, in both civil and criminal trials, and to never pay for losing.
Tennessee Auditors Arrive - 48 Blount Sheriff cars missing - "Back in January we asked the Commissioners why, according to the State Audit Report, the Sheriff needed 263 vehicles when he only had 268 employees. Since this total employee number included more than 100 jail guards, cafeteria workers, clerical and other workers who have no need for a county vehicle, we observed that the number of vehicles seemed extraordinarily high. We also pointed out that Sullivan county does essentially the same law enforcement job with 130 vehicles. Our confusion, turned to serious concern when the Sheriff told the News Sentinel, in a January 20th article, that: “the department has a maximum of about 180 vehicles”. Repeated requests to the County Finance Department for an explanation of the difference in Audit Report number and the Sheriff’s number went unanswered. The state auditor arrived in the County a few weeks ago. That is the good news. The bad news, according to our sources, is the auditor found that the Sheriff has 239 vehicles, including 24 additional cars he bought last January. The county books said he had 263 plus 24, or a total of 287 vehicles. The auditor was able to find only 239. What happened to the other 48 vehicles? But the Sheriff wants the taxpayers to support a tax increase, so that he can have even more money to spend next year. Does this make sense to you?"
Police State Prohibition narcs rat on riders at Deals Gap - Headed out today to the new local watering hole/Deals Gap Resort. Talked to Brad an he told me they have officially started to sell beer. "There is cops there now. Let's use these guys to our advantage. If you see someone drinking and riding/driving. Find you a nice cop on the road and give him the plate number to pull his ass over and take him to jail. We need stiffer penalties for drunk drivers, like waterboarding." - Trip
The Prohibition Times: America's secret history of the current Prohibition on alcohol, a responsible driver's survival guide - "Strictly speaking, a driver can register a BAC of 0.00% and still be convicted of a DUI. The level of BAC does not clear a driver when it is below the 'presumed level of intoxication.'" — Tennessee Driver Handbook and Driver License Study Guide. "When the state seeks to prove one is driving under the influence of a drug, rather than an alcoholic intoxicant, it is not necessary to specifically prove which drug has been ingested in order to qualify it as either a 'narcotic drug' or one 'producing stimulating effects on the central nervous system." Such a burden would be impossible to overcome by the state, especially if the suspect refused to take a blood test. Obviously, any combination of intoxicants can be sufficient to render a person under the influence." - Professor Steven Oberman, criminal defense lawyer and DUI judge in Knoxville Tennessee
101 Ways to Avoid a Drunk Driving Conviction - Before going out for the evening, always prepare your vehicle by removing any and all incriminating items and any valuables. Put together a "kit" of items to assist you to avoid incriminating yourself and in order to be prepared in the event you are stopped by the police. Start by having up to 32 ounces of water before any alcohol consumption, and alternate a glass of water between each alcoholic drink to help slow the rate of consumption. Eat heartily before starting to drink and include high carbohydrate foods to help absorb alcohol that you will be drinking later that night. Change the brand or type of alcoholic beverage to lessen the quantity of alcohol being consumed. For example, use a "low alcohol" brand beer versus regular beer, or alternate with a "non-alcoholic" beer every other hour. Stop all alcohol consumption 1 1/2 hours before starting home and drink water during this time period to improve your chances for a favorable urine test if you are stopped later that night. Don't be a good Samaritan on the way home because acts of kindness or civic-mindedness can bring you into contact with police. If sleeping inside a car after you have been drinking, do so in the back seat, with the ignition off and the keys in your pocket, with the car off the highway. If the police lack probable cause to make the "stop", all tests and evidence gathered as part of the illegal arrest must be thrown out of court. If you are stopped for a traffic violation, don't argue with the police officer. Simply give the officer your documents, and don't talk except to respond in the most basic fashion. Your pocket recorder will tape the transaction for later use. Use the "Driver's Rights" cards which "speak for you" in asserting your rights in the event of a confrontation with police. Never admit to having consumed alcohol (confession to a "crime"). Don't perform field sobriety tests, and (in most states) don't blow into a portable breath testing device without first speaking to an attorney, unless the officer advises you that your license will be revoked for refusing to do so. If you are involved in an accident after having had something to drink, don't talk to anyone at the scene about it. Regardless of the cause for the "stop" NEVER admit prior alcohol consumption. If an officer insists that you must perform field sobriety tests or blow into a portable breath testing device, only do so IF the officer advises you that your license will be revoked for failure to comply. Due to the fact that this is NOT TRUE in most states, ask the officer to write in his field notes that you are agreeing to do these tests under protest. Before taking the official state-administered BAC tests (in jail after arrest for DUI), ask if state law permits you to speak with an attorney. Many states permit a limited right for you to do so, and you should always exercise this right. Breath machines are subject to error when you have been recently exposed to volatile fumes, such as lacquer, paint, gasoline, or dry cleaning fluids. Always get a second, independent test. Whenever submitting to the state's BAC tests, always ask the test operator to preserve a sample of the breath, urine or blood so that the sample can be independently tested later. Try to record the conversations between you and the police officers because the officer's missing or defective warnings can cause test results to be excluded from evidence. Without the tape, the jury will believe the officer's testimony over yours. Because a skilled DUI attorney "knows the ropes" it is always advisable to utilize an attorney who is a specialist in DUI case.
"Let me start with law enforcement contacts with respect to traffic stops, for suspicion of driving under the influence of alcohol or drugs. The Fifth amendment of the Bill of Rights states that we are not to be forced to incrimnate ourselves. The actual wording is, you cannot be compelled to be a witness against yourself. If you are stopped for suspicion of DUI, these are your rights regardless of the laws of your state. First of all, you are to deny having consumed any alcoholic beverages whatsoever. You are never to admit to having one or two drinks. If you admit to consuming even one drop of alcohol, you open the door to 'probable cause', allowing the police officer to search your car for open containers. Next, you are never to submit to a Field Sobriety Test. You are to refuse to do so. They cannot make you walk the line, they cannot make you balance or anything else. Now when you are arrested, you are to refuse to allow a blood-alcohol test, regardless of what state law 'requires', such as revocation of driving priveleges for a period of time. That's an attempt to compel you to be a witness against yourself. Supreme Court decisions in this area are very specific with regards to your rights as folows: Lefkowitz vs Turley, and the Fifth Amendment, provides that no person shall be compelled in any criminal case to be a witness against himself, and permits him to refuse to any any other qustions put to him in any other proceeding, civil or criminal, formal or informal, where the answers might incriminate him in future criminal proceedings."
—George Gordon Law Hour, GeorgeGordon.org, The Policeman is not your friend - He Is Your Adversary, October 30, 2007
"There's a report out tonight that 24-years ago I was apprehended in Kennebunkport, Maine, for a DUI. That's an accurate story. I'm not proud of that. I oftentimes said that years ago I made some mistakes. I occasionally drank too much and I did on that night. I was pulled over. I admitted to the policeman that I had been drinking. I paid a fine. And I regret that it happened. But it did. I've learned my lesson."
—President George W. Bush, CNN Larry King Live, November 2, 2000 -- Dick Cheney has 2 DUI arrests and convictions
Free Expungement of Traffic Tickets in Tennessee, BUT ONLY WHEN A DEFENDANT DEMANDS IT
Not Guilty? Case Dismissed? Deferred Probation? It’s not over yet… When you are arrested and charged with a crime, a public record is created at the police station and forwarded to the Tennessee Department of Safety. That record is entered into a Tennessee state database and then forwarded to the National Crime Information Center (NCIC). From there this sensitive information gains a life of its own and can make your life difficult for years to come. Any future traffic tickets will result in additional charges above the charge named in the traffic stop, and judges can order a stiffer sentence, up to and including felony conviction under the Habitual Offender statute. Hint: When a cop asks a motorist, "Do you have any previous traffic tickets or convictions?" SHUT UP and exercise your 5th Amendment right to not testify against yourself. Arrest records can be obtained by private companies for their own use, such as when a prospective employer does a background check before hiring or when a landlord does a background check before offering a lease. A college may do a background check as part of its acceptance procedure or before offering campus housing. A criminal record, even one that says you were found innocent, can be enough to cause a potential employer or landlord to steer clear. Juvenile records are NOT automatically sealed from consideration after becoming an adult, and in many states are automatically entered into adult criminal databases. But there are remedies to this problem for some people. You can pay a lawyer $1,500 to $2,500 to file a motion for expungement, or you can do it yourself for free (in most cases, with max cost of $50).
An expungement is the destruction of public records of a criminal charge including the fact of the arrest. In Tennessee expungements are governed by T.C.A. § 40-32-101. Anyone can submit a petition/motion for expungement, there is no limitation. The only requirement for expungement is that you have completed your sentence and/or exhausted all appeals. You may be eligible for an expungement if you received Pre-Trial Diversion,
Judicial Diversion, Charges were dismissed, No True Bill was rendered by Grand Jury, Verdict of Not Guilty returned by jury,
Conviction was reversed on appeal, Cases where citizen is detained by police but not charged, all public records of a person who has been convicted of an offense that was committed prior to such person's twenty-first birthday shallbe expunged. Upon petition by a defendant in the court which entered a nolle prosequi in the defendant's case, the court shall order all public records expunged. A person who is exonerated by the governor under TCA § 40-27-109. Executive pardons are not eligible for expungement. See, State v. Blanchard, 100 S.W.3d 226 (Tenn.Crim.App. 2002). After a conviction has been expunged, release of such confidential records or information to law enforcement agencies for law enforcement purposes is a Class A misdemeanor punishable by 11 months and 29 days in jail and a $2,500 fine.
Tennessee Attorney General Opinion No. 05-150: Court Clerk Retention of Expungement Order Not Allowed - The expungement order is a public
record; the statute does not expressly authorize the Court Clerk to retain a copy of the order.
However, Tenn. Code Ann. § 40-32-101(b)(1) provides that a copy of the expungement order be sent
to the Tennessee Bureau of Investigation for entry into its expunged offender and pretrial diversion
database. The statute also provides that if a defendant petitions a court after a court has entered a nolle
prosequi in the defendant’s case, the court shall order the public records expunged. Tenn. Code Ann.
§ 40-32-101(a)(3). Thus, the statute provides for the expungement of criminal records in four
specific situations: (1) upon dismissal of the charge; (2) upon a return of no true bill; (3) upon a
verdict of not guilty; and (4) upon the reversal of conviction on appeal.
SCATES v. STATE OF TENNESSEE, COURT OF CRIMINAL APPEALS OF TENNESSEE AT KNOXVILLE, No. E2004-00585-CCA-R3-CO, January 21, 2005 - The policy of the Tennessee Bureau of Investigation, requiring an attorney to prepare an expungement order before cases can be expunged, violates the
First Amendment of the United States Constitution and the Bill of Rights. The State concedes that
the trial court erred “by not dismissing those cases which had been dismissed or for which a no true bill was returned by the grand jury”. The statute also provides that if a defendant petitions the court
after a court has entered a nolle prosequi in the defendant’s case, the court shall order the public
records expunged. Tenn. Code Ann. § 40-32-101(a)(3). The State notes at the outset of its brief that an appeal under Tennessee Rule of Appellate Procedure 3 was not available from either the grant or denial of a petition for expungement of record of criminal charges, but that a writ of certiorari was the proper method to correct a trial court’s
improper order concerning the expungement of records under Tennessee Code Annotated section
40-32-101(a)(1). We agree. Further,
in State v. Adler, 92 S.W.3d 397 (Tenn. 2002), the Supreme Court specifically held, “Because of the
plain and unambiguous language of [Appellate Procedure] Rules 3(b) and 3(c), we conclude that
neither the State nor a criminal defendant has the authority to appeal as of right an unfavorable ruling
concerning an expungement order under Rule 3,” concluding that
defendant convicted of lesser-included offense is entitled to have record expunged of any greater
offense for which jury returned not guilty verdict. The common law writ of certiorari has been codified in Tennessee Code Annotated section 27-8-101. That section provides: The writ of certiorari may be granted whenever authorized by law, and also in all cases where an inferior tribunal, board, or officer exercising judicial functions has
exceeded the jurisdiction conferred, or is acting illegally, when, in the judgment of
the court, there is no other plain, speedy, or adequate remedy. For the foregoing reasons, the judgment of the trial court is affirmed in part, reversed in part, and remanded for entry of an expungement order as contemplated by this opinion.
Cops, DA & jury: Swimming pool video = kiddie porn - Police State of Tennessee claims all parents and photographers can be jailed for 20 years... 18 old traffic tickets were used to escalate charges from singing bad karaoke to felony SWAT raid. Expungedment might have prevented all that...
Anatomy of a Pre-DUI Arrest in Tennessee - A. Thomas Monceret, Attorney At Law in Knoxville TN, ABATE member. The Stop: Requirement. This must be based on reasonable suspicion to believe a law violation has occurred. Reasonable suspicion means specific and articulable facts. Mere suspicion or a hunch is not sufficient to warrant an intrusion. State v. Pulley 1993 Sup. Ct. A drivers license check is not sufficient for reasonable suspicion - it would violate the Fourth Amendment. Weaving is no longer reasonable suspicion to stop a vehicle. State v. Garcia 2002 Ct. App. Nashville. This case only allows a very short detention. Field Sobriety Test: Heel to toe, finger to nose, etc. The implied consent statute cited below does not apply to the Field Sobriety Test - so don't consent to the Field Sobriety Test. The Blood/Breath Test: The implied consent law, Tennessee Code Annotated Section 55-10-406(a)(1) Any person who drives any motor vehicle in the street is deemed to have given consent to a test for the purpose of determining the alcoholic or drive content of the person blood...(a)(3) If such person having been placed under arrest and thereafter having been requested by the officer to submit to such a test (blood/breath) and advised of the consequences for refusing to do so, refuses to submit...a suspension of the driver's license privilege will result. Remember our courts (Tennessee) have held that there is no legal requirement for Miranda warning before the blood/alcohol test is given. State v. Blackwood, 1986 Ct. App. If you have eaten a sufficient meal preferably carbohydrates, steaks, burgers, fries, baked potato, bread, etc. and your alcohol consumption is within your personal limits, gamble and take the test. If you score .08 or above you are presumed under the influence. If you feel euphoric (good buzz) and beyond your personal limits and have neglected to eat do not take the test. Bring the bartender and your companion to court to prove you were not under the influence - do not forget a good lawyer when you go to court. Your Rights (don't speak), Fifth Amendment Assertion of Rights - Officer, please understand: I have the right to have an attorney present if you want to question me or conduct any search of my body or personal effects. I am not giving my consent to any type of search. If I am under arrest I wish to invoke and exercise my Miranda Rights. I want to speak with an attorney now. I do not want my personal property impounded, nor do I consent to any impoundment. I request the opportunity to secure my personal effects. If I am not under arrest, please tell me immediately so that I may leave. Legal Logic: (1) Never say you had a beer or two etc; Remember say no. Odor of an intoxicant is insufficient to prove driving under the influence. Newby v. State 1965. (2) Never consent to a search of your vehicle; (3) Never believe the officer who says "If you don't consent to a search I will go get a search warrant" A search warrant requires sworn testimony by the officer before a magistrate. The officer must establish probable cause before a search warrant will be issued. Probable cause is a much higher quantum of evidence than a reasonable suspicion for a stop. State v. Bostic, Ct. App. 2002. The magistrate will note issue a search warrant as a favor to an officer. Search warrants are issued only by required exacting standards. (4) Upon being stopped, roll down the window 1-1/2 inches and politely explain that you have a cold, pneumonia, allergies to pollen, etc (5) Reasons for not getting out of the vehicle - Politely explain that you have injured your foot or ankle and are having difficulty walking, inner ear infection which affects your balance, back problems, etc. REMEMBER: ASSERT YOUR RIGHTS - SHUT UP. DealsGapDragon Editorial Comment: There is no such thing as a "Passing Score" on a BAC test, since a defendant is already under arrest for DUI BEFORE the BAC test, and prosecutors can never dismiss charges against innocent people for fear of civil lawsuits for false arrest. As the TN Driver License Handbook confesses, you can be convicted of DUI with a BAC of 0.00%, and you can be convicted of DUI when 100% sober as a passenger when you are the registered owner of that vehicle.
The Truth about motor vehicle insurance - MYTH: All drivers and riders are required to have insurance. FACT: Read the fine print in your state statutes for “Financial Responsibility”. There are many “exceptions” to that law. Insurance is ONLY required if you CAUSE a crash, AND then refuse to pay the injured person, AND you are RICH. If you pay for a crash you caused, you don’t need insurance. At least 40% of US citizens are too poor to afford car or bike insurance, not counting 50-million illegal aliens. Poor folks can avoid payment of all crash damages by using their Homestead Exemption, filing an Affidavit of Indigency, and claiming “tenancy in the entirety” (if allowed in their state for marital property). In Florida, a Homestead Exemption includes their million-dollar home without a morgage. This is called being collection-proof, and applies in all civil and criminal lawsuits, and prevents payment of all traffic tickets and court costs, even when found “guilty”. That’s THE LAW. Even if you have full-coverage vehicle insurance, it rarely covers actual expenses in a serious crash, which can be $100,000s more than the policy limit ($50,000 per broken bone). So “wealthy” crash victims still must file bankrupty to survive a lawsuit for damages, no matter who is at fault, even if the insurance company pays what the policy is worth. Insurance companies only pay out 5% of their gross profit in claims, while insurance executives pay themselves a personal salary of from $100,000 PER WEEK, to over $30-Billion per year, TAX FREE, as was the case with Warren Buffett, owner of GEICO (Government employees Insurance Corporation) and CEO of Soloman Bros in Soloman Bros Bldg WTC 7 (”coincidentally” playing golf at SAC HQ in Nebraska with CEOs of WTC and George DWI Bush on 9.11). Insurance corporations give free Radar and Laser guns to cops to shoot speeders to raise their insurance extortion rates, and insurance lobbyists bribe politicians to pass insane unconstitutional “laws”, which is what the entire traffic court scam is built on. Insurance corporations are private companies. No person can be forced to do business with a private corporation. If you own a business, can you get a law passed to force every person to do business with you?
Traffic cameras read license plates, mail tickets for lack of insurance in Oklahoma - This is the secret weapon used by the Pentagon in the Iraq War, that Pentagon employee Lt Bob Woodward at the Washington Post wrote about. Cameras set up at about 200 locations along selected highways would focus in on a tag’s bar code — found at the bottom of each tag — and record it. Bar code scanners would match the tag numbers with a national database containing real-time vehicle insurance information. Vehicle owners without valid insurance would be mailed a ticket. The proposed automated enforcement would expand Oklahoma’s existing system, which went online in July. The system now checks only Oklahoma vehicles; checks are made only when a vehicle owner has an encounter with a law enforcement officer, such as a traffic stop or being in an accident. The new system could generate additional revenue for the state, which is in the midst of a revenue shortfall. Tax revenue for the state so far this fiscal year is about 22 percent below expectations.
Representatives from one company told legislators last session an expanded system could generate about $300 million annually. Having cameras and bar code scanners record random Oklahoma vehicle tag information is possible because of the new tags that motorists are required to buy this year. Oklahoma’s new vehicle tags include a bar code. All vehicle tags are to be replaced by the end of this year. There's no such thing as "compulsory insurance", just stupid sheeple paying for a bailout of the insurance gangsters. Another one of those robot tickets you can throw in the trash and ignore, for those who can still read and think.
Traffic court requires all defendants be stripped naked and appear in kiddie porn - When you step into the Douglas County Justice Center, in Castle Rock, Colorado, prepare to be scanned. Visitors and employees must now walk through a contraption many are used to seeing at airports, hold their hands up and wait to have a 3-D holographic image of their body snapped. It’s not quite space age but it is definitely cutting-edge technology. The Douglas County Sheriff’s office said a body scanner and metal detector are both incorporated in the machine making it one of the first in the nation. The $250,000 machine was installed on Monday. The metal detectors before it were installed in 1998 and Douglas County said it was time to upgrade. Some worried the image taken was a nude one. The machine is funded through a Douglas County justice center fund which comes from county sales tax revenue. The energy emitted by the machines may damage human DNA. Adams cites a study conducted by Boian S. Alexandrov and his colleagues at the Center for Nonlinear Studies at Los Alamos National Laboratory in New Mexico showed that these terahertz waves could “unzip double-stranded DNA, creating bubbles in the double strand that could significantly interfere with processes such as gene expression and DNA replication.”
Senator Landrieu Declines to Say Where Constitution Authorizes Congress to Force Americans to Buy Health Insurance - Several members of Congress have said that an individual mandate is unconstitutional. The health care bill that passed the House and the Senate bill (as currently written) both require that individuals purchase health insurance or face a penalty from the IRS. In the 233-year history of the United States, the federal government has never mandated that individual Americans purchase any good or service. “The government has never required people to buy any good or service as a condition of lawful residence in the United States," said the CBO report. Sen. Orrin Hatch, the former chairman of the Senate Judiciary Committee, told CNSNews.com that he believes the provision is unconstitutional, "then there is literally nothing the federal government can’t force us to do." Senate Judiciary Chairman Patrick Leahy (D.-Vt.) and House Speaker Nancy Pelosi were dismissive when asked where the Constitution authorized Congress to force individuals to buy health insurance. “I mean, there’s no question there’s authority. Nobody questions that," said Leahy. "Are you serious? Are you serious?" said Pelosi.
Hawaiians May Need Special ID to Buy Gas in 2010 - Hawaii has introduced resolutions in the Senate and House to initiate a study by the Insurance Commissioner to determine how best to deny gasoline purchases to uninsured motorists. The Hawaii Senate and House illegally allege that “motor vehicle insurance companies issue motor vehicle insurance cards to insured drivers and to require that the card be either scanned electronically or examined by the sellers of gasoline in order to purchase gasoline.” If these bills pass in the regular 2010 session, residents will not only need the state’s permission to buy gasoline but will in essence need permission to work and buy food, that is unless they walk or ride bicycles to work or the grocery store. “I’ve always been concerned about a universal ID card or system, somewhat like in Nazi Germany,” Rep. Barry Goldwater Jr. said at the time. “That’s scary. We value our privacy and freedom and are very concerned about the power of the U.S. government.
Mandatory towing for uninsured drivers would exempt South Dallas residents and illegal aliens - Mayor Laura Miller is proposing that uninsured drivers involved in accidents would have their vehicle towed straight to the pound (link). This policy is already in effect in Arlington, DeSoto, Haltom City, Irving, Mesquite, Plano and Rockwall County. But Dallas City Councilmembers James Fantroy (District 8) and Dr. Elba Garcia (District 1) are doing their best to protect their constituents, many of whom probably would not know an insurance policy if it hit them in the face. Councilmember James Fantroy said, "We've got enough problems trying to reduce our crime and now we want to target people who may not have a nice, new car. What if I left my insurance card at home? I'm just not ready for that." Dr. Garcia thinks that enforcing a valid state law is a waste of time for DPD officers, and worries the impound lot may be too small to hold all the cars in her district.
JOURNAL OF COMPETITIVE CYCLING: Legally Speaking - How to Sue for Defective Roads - "Because state and local governments must do the dangerous and onerous jobs that no one else will do, they and their employees are typically immune from lawsuits for negligence, and Michigan statutes, like most states, give the state and its municipalities blanket immunity. However, Section 691.1402 creates what is known as the “highway exception:” Each governmental agency having jurisdiction over a highway shall maintain the highway in reasonable repair so that it is reasonably safe and convenient for public travel. A person who sustains bodily or damage to his or her property by reason of failure of a governmental agency to keep a highway under its jurisdiction in reasonable repair and in a condition reasonably safe and fit for travel may recover the damages suffered by him or her from the governmental agency."
Drivers could have speed limited by satellite devices - Cars fitted with the system would have their speed automatically monitored by satellites, which would also be programmed with the speed limits for different roads. A motorist who tried to accelerate beyond the speed limit would find the system stopping the car from going any faster or issuing a warning instructing them to slow down. The Department for Transport is set to back the system known as Intelligent Speed Adaptation. It follows lengthy trials conducted in Leeds in where cars have been fitted with the sophisticated satellite navigation system. The Department for Transport said that the installation of the technology would be voluntary, but it is already in talks with the motor industry over how it could be made available for those who wanted to buy it. Three types of the technology could be made available. The first, known as "advisory", would stop short of actually slowing the car down and would instead issue a voice alert reminding the motorist what the speed limit is. A second version would either apply the brakes or cut the fuel supply to the engine, slowing it down to the speed limit, but a driver would be able to override the system – either by depressing the accelerator pedal firmly or pressing a button. The third would take over complete control of the car and the driver would not be able to override the system at all.
Biker gets 205 mph speeding ticket - The below Minnesota speeding ticket should be in a museum someplace. That's because motorcyclist Samuel Tilley, 20, was clocked Saturday afternoon going 205 mph on his Honda. That was 140 mph over the limit on U.S. Highway 61. Tilley was clocked at Indy car speeds by a State Patrol pilot flying overhead, stopwatch in hand. The pilot radioed ahead to a state trooper who pulled Tilley over and issued the reckless driving citation. Tilley, the son of a sheriff's deputy, displaces William Faenza at the top of TSG's speediest driver list. Faenza was nabbed last September when Pennsylvania cops clocked him doing 182 mph in his Lamborghini Diablo. Note that these tickets are easy to win in court, since the cop who wrote the ticket cannot testify to eyewitnessing the alleged crime. Only the helicopter cop can do that.
Knox deputy resigns after ID theft, forgery charges - Deputy Michelle Stiles, 38, resigned Wednesday morning. Knoxville Police have charged Stiles with identity theft and forgery, Class D felonies. Stiles stands accused of using someone else's identity to on a credit application to open a store account at a local furniture store. At that point, she's accused of purchasing about $6,500 worth of furniture on the account. Investigators said Stiles didn't know personally the person whose identity was stolen, but that she did encounter that person during her work as a patrol officer. Knoxville police officers on Wednesday searched the Branner Street home of Michelle Stiles after she surrendered to authorities earlier that day. Inside they found nearly $6,500 worth of furniture bought July 20 from Knoxville Wholesale Furniture on Papermill Drive. The furnishings included two bedroom suites with two king-size beds, mattresses, nightstands and drawers with mirrors. Police also found in Stiles' house the driver's license the deputy allegedly took from a crime victim.
Another Tennessee jury declares open season to shoot and kill cops for bogus speeding tickets - What was the question the jury asked the judge? Power of jury nullification to ignore any fact and veto any law? Leon Houston sits down to breakfast at home today a free man, cleared by a Roane County jury of all charges in the gun battle three years ago that killed a deputy and ride-along. Thursday's verdict came after two trials and three years in and out of jail for Houston. A jury in July 2008 failed to decide the case. Houston claimed self-defense. He chose not to testify. Jurors deliberated about 6 1/2 hours Thursday before finding Houston, 50, not guilty of murder in the May 11, 2006, deaths of Deputy Bill Jones and Mike Brown, a former police officer on disability retirement. Deputies escorted the dead men's families from the courthouse. The judge ordered the crowd separated after a fight almost broke out in the courtroom. The verdict marked the end of Leon Houston's case but won't affect the charges against his younger brother, Rocky Joe, who could face a second trial of his own in the shoot-out. "I've given girls divorces in the morning and F*&$#d them in the afternoon." - Judge Thomas Austin, convicted felon, Roane County General Sessions Court, who started this whole mess over a bogus speeding ticket.
Tennessee jury declares open season to shoot and kill cops for bogus speeding tickets - KINGSTON - Jurors have found Rocky Joe Houston not guilty of first-degree murder or facilitation of any other charges in the death of ride-along Mike Brown. Jurors can't agree on felony murder, or on most charges in the death of Deputy Bill BamBam Jones. The judge said he will set a status hearing on the case and both sides expect the case to be retried. Houston was charged with two counts of first-degree murder in the May 11, 2006, shootout that killed Roane County Deputy Bill Jones, 53, and Mike Brown, a 44-year-old former police officer. He faces life in prison if convicted. The foreman said jurors ruled out some lesser charges. A hung jury ended the trial of Rocky Houston's brother, Clifford Leon Houston, this summer. Leon Houston remains in jail on identical charges and could be retried in March. Members of the Knox County Sheriff's Office SWAT team stood guard in the courthouse hallway, rifles in hand. Special prosecutor Ken Irvine says Houston, a 47-year-old security guard for the U.S. Department of Energy nuclear weapons factory in Oak Ridge, fired 22 calculated shots in cold blood during the gun battle in front of his brother Leon's home on Barnard Narrows Road. He says Jones went there to serve a warrant for Rocky Houston on a charge of failure to appear in court. Houston's lawyer, Randy Rogers, said the first shots came from Jones' cruiser, with each shot from Houston's semi-automatic rifle in self-defense. Cops fired 90 times with semi-automatic guns vs Houston bros fired 22 time with an assault rifle.
TN cop shoots and kills crooked deputies over speeding ticket -
Nancy Houston described her husband as a quiet, hardworking man who loved his job as a security guard for a U.S. Department of Energy contractor in Oak Ridge. She said his legal problems started after a run-in with Harriman police in 2001 over a speeding ticket. He demanded a jury trial and ended up charged with threatening the city judge. A jury acquitted Rocky Houston on that charge but found him guilty of disorderly conduct, a misdemeanor. A letter from Harriman Police Chief Jack Stockton, now the county sheriff, cost him his job with security contractor Wackenhut. A round of federal lawsuits against various police agencies, judges, lawyers, court clerks and other officials followed. The list of defendants and subpoenaed witnesses included nearly every official, deputy and police officer in Roane County, and each federal judge in the District of Eastern Tennessee - all the way up to Tennessee Gov. Phil Bredesen and President George W. Bush. U.S. District Court officials in Knoxville ultimately banned her husband from filing more lawsuits without a judge's permission. At least one of the officials he tangled with later went to federal prison on corruption charges - disgraced Roane County General Sessions Judge Thomas Austin. Meanwhile, the arrests and run-ins with the law continued. A police chase led to a wreck that put Rocky Houston in the hospital and scattered subpoenas across the highway. Nancy Houston said some of the arrests came on charges of failure to appear in court - sometimes for cases he didn't know existed and warrants or subpoenas he'd never even seen. Prosecutors have said Jones, the deputy, went to the Houston property the day of the shooting to serve Rocky Houston with a warrant for failure to appear on an aggravated assault charge. Nancy Houston said she'd never heard of any such warrant or assault case before that day. "I wish he'd just paid the speeding ticket and forgot about all this," she said. "But he felt like he'd been done wrong and needed to expose it and help everybody else." Jeremiah McClure, a former Roane County jailer, said he had to sneak Rocky Houston meals when deputies booked him into the county jail after one of those arrests. He said Capt. Fay Hall, the jail administrator and a target of Houston lawsuits, ordered him held in isolation without food or water. "She answered directly to Sheriff (David) Haggard," McClure said. "He was charged with violation of probation or failure to appear. I think it all stemmed from a speeding ticket."
TN cop kills cops over speeding ticket - "If the evidence shows the defendant had a reasonable belief that his life was in danger, Rocky Houston would have had the right to use the amount of force necessary (to kill cops) in that defense," the judge said. Rogers pointed out in his closing argument that Jones and Brown got off a total of 19 shots during the shootout in front of Houston's brother Leon's home on Barnard Narrows Road south of the Tennessee River. He portrayed Houston as staggering to the shelter of a walnut tree in the front yard to escape a hail of bullets and shoot back with his 7.62 mm Maadi semi-automatic rifle. "If he's shot in the wrist and his hip is broke and he thinks he's dying, thank God for that walnut tree," Rogers said. "If it weren't for that tree, we wouldn't be here. There's no proof from either side that my client knew either of these men and no proof that he had time to say, 'Time out. Are you really police officers? Why are you shooting at me?'" Rogers said Rocky Houston's repeated federal lawsuits against local officials and rants against corruption made him a target of police harassment and fearful for his life. "But if this man saw a police car pull up after everything he's gone through on property that belongs to his brother, and if he started to walk to hem and got shot and turned and got shot again, it's on! When he got shot, something else was on. My client is guilty of something. He's guilty of believing in the Constitution and his rights, even when he's wrong. That doesn't justify the use of deadly force against him." Irvine has said Jones went to the house to serve a warrant for Rocky Houston on a charge of failure to appear in court on an aggravated assault charge. Rogers says the pair rolled up shooting as part of a years-long campaign of police harassment. Jurors will make their decision without his testimony -- he chose not to take the stand -- without hearing the 911 tape of the shooting call and without an in-car video from Jones' cruiser, which had no camera. They'll have to rely on ballistics evidence - which the defense says might be tainted by the moving of shell casings - and two eyewitnesses who say the first shots came from the patrol car. The jury also didn't hear Tuesday about an on-duty shooting by Jones 17 years before the gunfight as a Harriman police officer. George Pelfrey testified that he was a 13-year-old boy when Jones and Chuck Moore, another officer, arrived at his father Elige Pelfrey's apartment in December 1989 after a fight between the father and an older son. Pelfrey said he'd emptied his father's pistol and told the officers so.
"They kicked in the door and knocked my mother down," Pelfrey said. "He jumped up and grabbed his pistol. He didn't know who was kicking in the door. They didn't holler. They just fired." The defense didn't get to introduce testimony about Jones' marriage or question David Haggard, the sheriff at the time of the shootout. Haggard, who testified this summer that he'd ordered his deputies not to try to arrest Rocky Houston at home.
TN cop kills crooked cops over bogus warrant -
Rocky Houston’s daughter, Rachel, said Monday she left home to pick up her high school graduation present and drove into the gunfight in front of the Houston family farmhouse on Barnard Narrows Road. “I saw the police car in front of the house,” she testified. “I thought that was odd. Then I saw a man behind the hood of the car. He had a gun. When I looked in the yard, I saw Dad had one, too.” She said she didn’t hear any gunshots but saw enough to make her turn the car around in a hurry. The daughter got to her grandfather’s house, then went back when she didn’t hear anymore shots. “I saw Leon and Dad getting on the four-wheeler,” she testified. “I could tell he had been shot. He had blood on his clothes. They saw me and motioned me away.” She looked at the patrol car, still parked in front of the house and now riddled with bullets. “I saw the same man (Brown) lying in the road,” she said. “I ran over to him and shook him a little. I started to ask him if I should call 911. Then I realized he was dead.” Prosecutors have said Jones went to the farmhouse to serve a 6-month-old warrant on Houston for failure to appear in court on an aggravated assault charge. The brothers say Jones and Brown showed up shooting. Yates testified this summer at Leon Houston’s trial, which ended in a hung jury, that the first shots came from Jones’ patrol car. He told the Tennessee Bureau of Investigation the same thing the night of the shooting, records introduced in court show.
TruTV filming trial of TN cop killing crooked cops - If you've ever held public office in Roane County, chances are you've been sued by Rocky Houston. Houston, who often acted as his own attorney, filed so many state and federal lawsuits over the past decade that his wife, Nancy, gave up keeping count.
U.S. District Court records show at least 14 lawsuits filed since 2001 against an ever-growing cast of defendants - even the president and postmaster general. "He had sent a packet of information about corruption in Roane County to President Bush," Nancy Houston testified. "I guess he felt like since the president didn't respond, he was part of it. He sued the postmaster for failure to deliver the mail. His subpoenas were not being delivered." One officer Rocky Houston sued later took Houston's job. And a former Roane County jailer testified he'd been ordered to deny Houston food and water by a jail captain named in some of the lawsuits. Sometimes Nancy Houston helped type up the court filings. For a man who loves to litigate, she called her husband easy to live with. "He hardly ever got mad at me," the wife said. "It was usually the other way around. I like to speak my mind."
I think one of these "cops" was involved in more than one shooting at work. I think they called him BAM BAM and he had killed 2 or 3 people while on duty.
That whole thing is what brought out the alleged forgery on a warrant. According to some testimony, an officer signed a warrant using a different officers name and said it was ok for him to do that because the officer (who is now dead, not Jones) gave him permission to use his name on the warrant. That must be a special service RCSO have bestowed upon themselves.
Don't quote me on this but I believe there were some switching of dates a Houston warrant to fit this scenerio.
This feud had only been going on for less than three years according to news reports. During the three years Rocky filed several lawsuits and threatened to arrest several Roane County government employees. These numerous lawsuits and attempted citizens arrest seems to be the only justification mentioned to support the theory that Rocky was NUTS. The Harriman Police Chief informed Rocky's employer in a letter that Rocky had threatened the police and a judge. The letter from the chief got Rocky fired. After the shooting Judge Thomas Austin, whom Rocky had threatened, was sent to federal prison. At least two local police officers have been sent to jail. The TBI is currently investigating several Roane County jailers for criminal acts. A local attorney working for Roane County is also being investigated and seems to be in some serious trouble. The claims of corruption made by Rocky allowed others to characterize Rocky as a NUT CASE. Now that several of those claims made by Rocky have been proven true in courts. I strongly believe that Rocky was doing the right thing by exposing the corruption and the man is not a nut case.
Several years ago a DOE employee was arrested in Georgia with a plane load of pot. He keep his DOE security clearance. About a year later he was arrested in Florida with a pickup truck load of pot. His partner was killed in the plane crash. Again the DOE employee not only kept his security clearance but was given promotion which required a Q clearance. Within the last year DOE made the news over illegal immigrants working for a contractor in a secured area. Now you tell me DOE will fire someone who overreacted in traffic court. I believe due process comes before firing.
I just heard on the news yesterday that the Hamilton County sheriff was sent to prison for 14 years. I know that the previous Meigs County sheriff has been charged before. Now it sounds to me that Haggard is close behind. These counties are geographically all in a row and have had crooked sheriffs! I travel a lot throughout TN and try my best to stay away from counties with hisory of bad lawman. I hope and prey that our Federal Investigators are spending plenty of time in Roane County and surely they will send the agents that follow proper procedures when doing their jobs. I have an old college friend that lives in Roane Couny and so we have been communicating throughout the Houston broters' trial. She says that she believes these boys have been mistreated and that the shootings were in self defense. She lives "south of the river" but has never met the Houston's. She say they have a nice farm and all their family live near each other. She says that their dad was a County Commisioner previously who is well respected for doing what is right She and her spouse tell me that the Roane County law has always been untrustworthy.
Jones was fired from a previous job as deputy in McMinn county for cocaine use! brown beat the crap out of his wife on a regular basis, and was usually medicated on a regular basis as well! these guys probably had no business carrying weapons, and especially no business in LAW ENFORCEMENT!!
One of my main concerns is why was the ride along armed. I was a ride along in Blount Cty and I had to sign paperwork stating I would not bring a weapon or get out of the car. Is this not the protocol for all counties?
A local man kept taking it higher and higher until people started calling him crazy . he lost his job and a cop tried to kill him.
Judge Austin is no longer a judge- he was arrested, disbarred, removed from office, and sent to federal prison for extortion, etc. The "system" does work if people are willing to work with it.
Even a former Roane County Deputy is testifyting that his name was forged !! However the Judge ruled that that is "irrelevent". Sad that the jury will never hear this.
For the jury to not be allowed to hear such crucial evidence such as forged signatures, food being withheld, etc.., this is WRONG. God rest their souls, Bill Jones and Mike Brown went looking to start a fight, and got more than they bargained for. The pushed and pushed, and then pushed some more until the Houston Brothers came out fighting. If I'm sitting on my front porch, and some law enforcement idiot approaches me with guns blazing, they're going to be carried out feet-first too. There ain't a soul reading this news story who wouldn't have acted in the same self-defensive manner give the same set of circumstances. Acquit!!!
Battle of Athens Tennessee 1946 - 1,000 citizens make citizen's arrest and open fire on 300 crooked cops. Congress and White House congratulate patriots for job well done kicking Gangsta Govt's ass with machine guns and dynomite for bogus speeding tickets.
American Autobahn - How to LEGALLY drive 212 mph on a public highway, in both Germany and Montana USA. As seen on History Channel
"There is no speed limit on the Autobahn. Before pulling into the left lane to pass, check the rear view mirror very carefully as far back as you can see. Cars traveling at 160-180 km per hour approach suddenly, so when passing (überholen), do so quickly and then quickly return to the right lane. WARNING: Do NOT admit any guilt. Do NOT sign anything unless you know exactly what you are signing."
—US Embassy in Germany
"You haven't lived until you've heard a live police chase, on a car radio in a car you're driving."
—Danny Bonnaduce, a/k/a Danny Patridge, VH1 100 Top Child Stars
"The MAINTAIN TOP SAFE SPEED sign may be used on highways where conditions are such that it is prudent to evacuate or traverse an area as quickly as possible."
—USDOT, FHA, Manual on Uniform Traffic Control Devices, Chapter 2I. Emergency Management Signing, 2003 Ed
The Battle of Athens Tennessee
500 veterans and farmers make citizens arrests and fire machine guns at 300 crooked cops, deputies and THP, and dynomite the jailhouse to rebel against bogus speeding tickets
"This weekend will be 'saturation' weekend for THP. For some reason, they seem to think that sending 10 cars up here to cover 11 miles of road is something that the general public sees as very cool, and not a waste of taxpayers money. I hardly agree. In fact, since the Gov of TN has decided to make war with tourists in this area, I strongly suggest to all of you that you send him an email if you feel the same way. We are under a police state on the TN side of the mountain."
-Ben, DealsGap.com, Saturday, August 4, 2007
"As of noon, there are 14 THP troopers and 4 Blount County Sheriffs in the Gap. This begs me to ask the question that so many have on their mind. If all these Troopers are here, then who is watching the rest of the state ??"
-Ben, DealsGap.com, Saturday August 11, 2007
"A stretch of U.S. 129, nicknamed 'The Tail of the Dragon' is known around the world as one of THE places for motorcyclists to ride. But lately, it's also been known as one of THE places for traffic enforcement. One rider from South Florida came to enjoy the ride and the view on Friday. But he got '...two tickets each, one for speeding and one for passing." The rider is leaving with $625 in fines. "Plus, they tow away the bike out of the park so we have to wait for a towing company to come tow the bike.' Friday was a quiet day on the Dragon. But last weekend, troopers wrote 142 tickets. Eleven troopers are staking out the area and the state has authorized $60,000 in overtime for increased patrols."
-Adam Longo, WATE TV, Troopers working to tame the Tail of the Dragon, August 10, 2007
"The NYPD's new patrol chief has ordered that special overtime money earmarked for cops in violence-prone precincts be given to "aggressive" officers rather than 'do-nothings,' The Post has learned. Chief Robert Giannelli issued that edict last week during a meeting with his borough chiefs, who then relayed it to their precinct commanders, sources said. His order affects a pool of funds known as Impact Overtime. Sources said Giannelli also wants to reward cops who use their overtime shifts to issue a lot of summonses and who do numerous 'stop-and-frisks' of people who match the descriptions of criminal suspects. 'The chief wants to give the overtime to aggressive cops and not to do-nothings,' one source said. 'Do-nothing' cops are considered those who never leave their patrol cars or ones who primarily work inside a precinct house. Another source said Giannelli wants the OT to go to 'intelligently aggressive' cops, such as ones who manage to avert civilian complaints by adequately explaining to people why they are being stopped and frisked. In response to the new policy, some precincts already have compiled lists of their top-performing officers - when it comes to arrests - and forwarded the lists to the borough commanders. Sources also said bosses have been told not to worry in the future about their officers' names appearing on lists of cops who have received large amounts of overtime. In the past, such bosses have been told to cut down on those officers' overtime."
-Larry Celona, NY Post, $ICCING THE COPS, August 13, 2007
"Cops have a quota system."
-Sgt. James Eagan, New York State Police (Retired), from his book, A Speeder's Guide to Avoiding Tickets
"It is illegal for law enforcement agencies to issue ?quotas for citations or arrests of individuals. The Fraternal Order of Police strongly disagrees with this illegal action and respectfully requests you rescind this action of supervisors at the Knoxville Police Department. If it walks like a duck, quacks like a duck, it's still a duck. It's a quota."
-Edward Daniel, ex-cop and attorney at law for Fraternal Order of Police in Knoxville, Tennessee, Knoxville News Sentinel
"I was put under pressure. It was like a race. How many more people can we get today?"
-arrested KPD police officer describing the government's illegal quota, Knoxville News Sentinel
"Court finds $27,500 fine for second offense driving on a revoked
license to be excessive."
—State vs Taylor, 70 S.W.3d 717 (Tenn. 2002)
Trucker fights $550,000 traffic ticket - Las Vegas trucker Eduardo Arencibia was driving an empty red-and-white semitrailer across Kansas when Shawnee County sheriff's Deputy Tracey Trammel pulled the rig over. The stop led to Arencibia's arrest and seizure of more than $550,000 in cash. "Other than being present for the dog sniff, defendant Trammel conducted no investigation into whether plaintiff was actually transporting drugs," the lawsuit says. "Nor did defendant Trammel investigate whether the currency was somehow connected with drugs. The only evidence that the money was tainted is based on the indication from the dog Cisco, known to have given false positive alerts in the past." A counting machine at the sheriff's department showed $526,025 had been seized from Arencibia's cab. Metz wrote in his report the figure was $564,025. Bank records the next day reflected a take of $551,985. "There is nothing illegal about possessing money," said Kelly Kauffman, a Topeka-based attorney for Arencibia. "There was not evidence to support he had done anything illegal. We maintain that his constitutional rights have been repeatedly violated by the sheriff's department."
"My father made him an offer he couldn’t refuse. Luca Brasi held a gun to his head, and my father assured the bandleader, that either his signature or his brains would be on the contract."
-Michael Corleone, The Godfather, Scene 1
Wrongful and usu. unlawful compulsion (as threats of physical violence) that induces a person to act against his or her will: "coercion".
: the affirmative defense of having acted under duress.
Note: A person may be able to avoid the consequences of his or her acts under the law if they were performed while under duress. For example, a contract made under duress is voidable by the coerced party. Similarly, a will signed under duress is invalid. Duress may also be used to justify a criminal act. A threat to bring a lawsuit is not duress.
-Dictionary.Findlaw.com See contract, fraud
"John F. A. Sandford, in his own proper person [in pro per or in propetia persona], comes and says that this court ought not to have or take further cognizance of the action aforesaid, because: the said plaintiff, Dred Scott, is not a citizen of the State of Missouri, as alleged in his declaration, because he is a negro of African descent; his ancestors were of pure African blood, and were brought into this country and sold as negro slaves, and this the said Sandford is ready to verify. In the year 1834, the plaintiff was a negro slave belonging to Dr. Emerson, who was a surgeon in the army of the United States. It is agreed that Dred Scott brought suit for his freedom in the Circuit Court of St. Louis county; that there was a verdict and judgment in his favor; that on a writ of error to the Supreme Court, the judgment below was reversed. This difference arises, as we have said, from the peculiar character of the Government of the United States. For although it is sovereign and supreme in its appropriate sphere of action, yet it does not possess all the powers which usually belong to the sovereignty of a nation. Certain specified powers, enumerated in the Constitution, have been conferred upon it; and neither the legislative, executive, nor judicial departments of the Government can lawfully exercise any authority beyond the limits marked out by the Constitution. Hence, when a plaintiff sues in a court of the United States, it is necessary that he should show, in his pleading, that the suit he brings is within the jurisdiction of the court, and that he is entitled to sue there. The situation of this population was altogether unlike that of the Indian race. The latter, it is true, formed no part of the colonial communities, and never amalgamated with them in social connections or in government. But although they were uncivilized, they were yet a free and independent people, associated together in nations or tribes, and governed by their own laws. Many of these political communities were situated in territories to which the white race claimed the ultimate right of dominion. But that claim was acknowledged to be subject to the right of the Indians to occupy it as long as they thought proper, and neither the English nor colonial Governments claimed or exercised any dominion over the tribe or nation by whom it was occupied, nor claimed the right to the possession of the territory, until the tribe or nation consented to cede it. These Indian Governments were regarded and treated as foreign Governments. The words 'people of the United States' and 'citizens' are synonymous terms, and mean the same thing. They both describe the political body who, according to our republican institutions, form the sovereignty, and who hold the power and conduct the Government through their representatives. They are what we familiarly call the 'sovereign people,' and every citizen is one of this people, and a constituent member of this sovereignty. The question before us is, whether the class of persons described in the plea in abatement compose a portion of this people, and are constituent members of this sovereignty? We think they are not, and that they are not included, and were not intended to be included, under the word 'citizens' in the Constitution, and can therefore claim none of the rights and privileges which that instrument provides for and secures to citizens of the United States. On the contrary, they were at that time considered as a subordinate and inferior class of beings, who had been subjugated by the dominant race, and, whether emancipated or not, yet remained subject to their authority, and had no rights or privileges but such as those who held the power and the Government might choose to grant them. In the opinion of the court, the legislation and histories of the times, and the language used in the Declaration of Independence, show, that neither the class of persons who had been imported as slaves, nor their descendants, whether they had become free or not, were then acknowledged as a part of the people, nor intended to be included in the general words used in that memorable instrument. They had for more than a century before been regarded as beings of an inferior order, and altogether unfit to associate with the white race, either in social or political relations; and so far inferior, that they had no rights which the white man was bound to respect; and that the negro might justly and lawfully be reduced to slavery for his benefit. He was bought and sold, and treated as an ordinary article of merchandise and traffic, whenever a profit could be made by it. And in no nation was this opinion more firmly fixed or more uniformly acted upon than by the English Government and English people. They not only seized them on the coast of Africa, and sold them or held them in slavery for their own use; but they took them as ordinary articles of merchandise to every country where they could make a profit on them, and were far more extensively engaged in this commerce than any other nation in the world. No one of that race had ever migrated to the United States voluntarily; all of them had been brought here as articles of merchandise. Another of the early laws of which we have spoken, is the first militia law, which was passed in 1792, at the first session of the second Congress. The language of this law is equally plain and significant with the one just mentioned. It directs that every 'free able-bodied white male citizen' shall be enrolled in the militia. The word white is evidently used to exclude the African race, and the word 'citizen' to exclude unnaturalized foreigners; the latter forming no part of the sovereignty, owing it no allegiance, and therefore under no obligation to defend it. That so far as rights and immunities appertaining to citizens have been defined and secured by the Constitution and laws of the United States, the African race is not and never was recognised either by the language or purposes of the former; and it has been expressly excluded by every act of Congress providing for the creation of citizens by naturalization, these laws, as has already been remarked, being restricted to free white aliens exclusively."
-U.S. Supreme Court, Dred Scott v. Sandford, 60 U.S. 393 (1856) -- DESPITE LOSING IN U.S. SUPREME COURT, DRED SCOTT BECAME A FREEMAN IN 1857 THANKS TO HIS NEW OWNERS IN KNOXVILLE TENNESSEE, AND HIS FORMER SLAVEOWNER WAS SENT TO A LOONYBIN. Then the US Govt enslaved all white males and massacred 600,000 US citizens in the First Civil War...
"Defendant is a “traveler” under the common law, and is not engaged in commercial transportation “for hire”. Defendant retains his Constitutionally protected God-given Natural Right to travel, and retains his Constitutionally protected rights to freedom from unreasonable stops, detentions, searches and seizures. Defendant makes Special Appearance to deny that a valid contract exists for Summons and Service of Process of Notice and Complaint. Defendant involuntarily signed his name to “Blount County Sheriff’s Office Multiple Offense Citation”, also known as “citation in-lieu-of-arrest”, under threats, duress and coercion from an armed employee of “Blount County Government”, identified on complaint as “JANTRAS”, a/k/a “’Josh’ Antras”. Complainant Antras declared that he would arrest Defendant immediately, if Defendant refused to sign for service of process of the complaint, notice and summons, as recorded by Plaintiff’s audio portion of “FLASHBACK DVR In-Car Digital Video Recorder” system, and preserved on digital computer recording devices, in possession of Plaintiff, located in Plaintiff’s business records. Under said threats and duress, in fear of his life and liberty from an openly armed gunman, Defendant did involuntarily sign his name, in block of complaint/summons titled “VIOLATOR’S SIGNATURE”, by crossing out the word “VIOLATOR’S”, and by including the words “under duress” after his signature. Although gunman did not brandish his firearm, he put his hand on his firearm in its holster, in preparation for “quickdraw” and summary execution of Defendant. Gunman also radioed for “backup”, and a second as yet unidentified gunman arrived, and stood within touching distance of the vehicle Defendant was traveling in, and also presumably would have participated in a summary execution of Defendant by Death Squad. Defendant’s coerced signature does not waiver his right to contest personal jurisdiction, due to improper service of process, under Rule 4 of Tennessee Rules of Civil Procedure, and Tennessee Code: TCA §47-1-207 [now TCA 47-1-308. Performance or acceptance under reservation of rights] (adopted from Uniform Commercial Code)
(1) "A party who, with explicit reservation of rights, performs or promises performance or assents to performance in a manner demanded or offered by the other party does not thereby prejudice the rights reserved. Such words as 'without prejudice,' 'under protest' or the like are sufficient." Defendant’s “signature” on his “Tennessee Driver License” does also display the term “TCA §47-1-207” [now TCA 47-1-308. Performance or acceptance under reservation of rights] beside said signature, indicating reservation of all rights. Legislative intent acknowledges the lack of proper service of process of “traffic citations”, when a party to an action threatens criminal prosecution to gain advantage in a civil action, which would result in arrest and/or disbarment of a private attorney for the crime of extortion. Tennessee Code §29-9-108. "The power to punish for contempt conferred by this section may NOT be used to punish persons who fail to appear for traffic violations or parking violations." Defendant appears in this Court unwillingly, under threat, coercion and duress, in fear of summary execution by Death Squad and/or other retaliations, if he did not appear in this Court to answer this complaint. Such appearance in court to contest personal jurisdiction is not a waiver of that defense."
-State of Tennessee vs. John Lee (DealsGapDragon.com), SPECIAL APPEARANCE TO CONTEST PERSONAL JURISDICTION AND ANSWER TO COMPLAINT AND COUNTERCLAIMS, WITH MOTIONS FOR JUDICIAL NOTICE AND MOTION FOR TRIAL BY MAGISTRATE, IN THE GENERAL SESSIONS COURT FOR BLOUNT COUNTY, TENNESSEE, CASE NO. T0028053, JANUARY 2006
"This message is for Mr. John David Lee III. This is the district attorney's office in Maryville Tennessee calling you about your stop sign case. Just wanted you to know, that case is going to be dismissed today at 1:30, uh, with costs to the State. You don't have to be there, if you don't want to be there. You certainly can be there. If you have any questions, my name is Larry Holden, in the ADA's office. My number is 273-5600. Thank you."
John Lee: "Why did you decide to dsmiss it?"
Larry Holden: "We decided it was in the best interests of justice to dismiss it." State of Tennessee vs. John Lee (DealsGapDragon.com), Case No. T0028053, April 25, 2006 AUDIO -- VIDEO
"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."
-Justice Tolman, Supreme Court of the State of Washington, Robertson vs. Department of Public Works, 180 Wash 133, 147
"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."
-II Am.Jur. (1st) Constitutional Law, Sect.329, p.1135
"The appellant's appeal is based upon the premise that it is unconstitutional
for the State of Tennessee to require him to procure a driver's license and vehicle registration before operating a motor vehicle on the public highways of this state. He argues that he has a constitutional right to freedom of travel and to
use his private property without governmental interference. We agree with the appellant that he enjoys a fundamental right to freedom of travel. See Dunn v. Blumstein, 405 U.S. 330, 338, 92 S.Ct. 995, 1001 (1972); Knowlton v. Board of Law Examiners of Tennessee, 513 S.W.2d 788, 791 (Tenn. 1974)."
-COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE, STATE OF TENNESSEE vs. ROBERT K. BOOHER, No. 01C01-9604-CC-00131, August 22, 1997
"STREET or HIGHWAY: The words 'Street or Highway' shall be used interchangeably and shall mean the entire width
between the boundary lines of every way or place open to the public, as a matter of right for public vehicular travel but not to include alleys."
-City of Boise, Idaho, City Code or Ordinances, 10-01-01 DEFINITIONS OF WORDS AND PHRASES, 2008
"For the purposes of the act, a public highway is defined in RCW 46.04.430 as: '"Public highway" includes every way, lane, road, street, boulevard, and every way or place in the state open as a matter of right to public vehicular travel both inside and outside the limits of cities and towns.'"
-Washington Attorney General Opinion AGO 63-64 No. 25, HIGHWAYS - MOTOR VEHICLE LAWS - PUBLIC HIGHWAY - DEFINITION, May 23, 1963
“'Highway' or 'street' means the entire width between boundary lines of every way publicly maintained, when any part thereof is open to the use of the public for purposes of vehicular travel."
-Tennessee Code 55-1-116
"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
"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
"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
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
"'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."
-18 US Code 31
"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
"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 as sacred as the right to private property...and is regarded as inalienable."
—16 C.J.S. Const. Law, Sect.202, p.987
"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."
-Thompson vs. Smith, 154 SE 579
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; Bevier’s Law Dictionary, 1914 ed., Black's Law Dictionary, 5th ed
"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."
-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
"There can be no sanction or penalty imposed upon one because of this exercise of constitutional Rights."
-Snerer vs. Cullen, 481 F. 946
"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
"The claim and exercise of a constitutional right cannot be converted into a crime."
-Miller v. US, 230 F 486, 489
"Thus, the particular phraseology of the constitution of the United States confirms and strengthens the principle, supposed to be essential to all written constitutions, that a law repugnant to the constitution is void, and that courts, as well as other departments, are bound by that instrument."
-Chief Justice John Marshall, U.S. Supreme Court, Marbury v. Madison, 5 U.S. (1 Cranch) 137 (1803)
"The question whether the judges are invested with exclusive authority to decide on the constitutionality of a law has been heretofore a subject of consideration with me in the exercise of official duties. Certainly there is not a word in the Constitution which has given that power to them more than to the Executive or Legislative branches."
—President Thomas Jefferson, authour of the United States Constitution, 1815
JurisInformatics.com - "I've been deprived of my right of public vehicular travel when the motor vehicle code, a privilege code, is enforced against me for just using my automobile. Highways are, by law, 'open as a matter of right to public vehicular travel.'"
PublicVehicularTravel.com - "I am claiming that my "public vehicular travel" is not a privilege granted by the State, but rather that it is a common right, that the highways are "open as a matter of right" to my "public vehicular travel." WE ALL KNOW that my use of the streets cannot be both such things (common right, state granted privilege) at the same time. WE NOW HAVE statutes and ordinances from throughout the U.S. saying EXACTLY THIS!!! Choose your battles wisely. Can you afford bail, can you pay the ticket, can you effectively engage the prosecution??? If not, don't drive without insurance, don't take your plates off, etc. FREE LEGAL ADVICE: DO NOT act upon anything you see in this private database! The law means absolutely nothing to America's judges, prosecutors and cops, so don't think for one minute that dozens of statutes saying that the highways are "open as a matter of right to public vehicular travel" will move them one bit; they have the guns, and that's enough for them. That means that thieving public servants will simply take all you've got if you take off your license plates, if you don't buy annual tabs, if you "operate a motor vehicle without a license," or if you have no insurance. Never rely on the law, in America, do what the cops say to do instead - YOU'VE BEEN WARNED!!!"
"On July 11, 2003, the defendant was driving on South Illinois Avenue near Bethel Valley Road in Oak Ridge when she was stopped by a city police officer. He cited her for speeding, i.e., going 67 mph in a 45 mph zone. It is undisputed that South Illinois Avenue is a state highway, namely State Route 62. On September 8, 2003, the defendant was convicted of speeding in the Oak Ridge Municipal Court and fined $30 and costs. She appealed her conviction to the trial court. In the trial court, the defendant asserted that the posted speed limit on State Route 62 had not been established in compliance with applicable law. However, if the posted speed sign was placed without statutory authority, the failure of a motorist to heed its restrictions could be negligence but he should not be penalized with the consequences of the rule of negligence per se
of violating a statute, since a statutorily established speed limit prevails over speed signs erected without statutory authority. Johnson v. Calfee, No. 118, 1988 WL 36472, at *1 (Tenn. Ct. App. E.S., filed April 21, 1988) A Virginia appellate court reversed the judgment of a trial court which had precluded a defendant charged with speeding from presenting evidence that a posted speed limit had not been lawfully established. Bahen v. City of Hampton, No. 0436-03-1, 2004 WL 2381375, at *2 (Va. Ct. App., filed October 26, 2004). the Virginia court stated as follows: [A city traffic engineer’s] proffered testimony tended to prove, although not conclusively establish, that no traffic or engineering study had been performed as required by Code § 46.2-1300 in order to establish a thirty-mile-per-hour speed limit on West County Street. Thus, the evidence was relevant and admissible, and the trial court erred by ruling that appellant could not challenge the speed limit and
by refusing to admit or consider [the traffic engineer’s] evidence in order to rebut the presumption [that the speed limit had been legally decreased]. See also State v. Morse, 153 Vt. 651, 572 A.2d 1342 (Vt. 1990) (where city clerk was
unable to produce an engineering survey supporting the relevant speed limit, the defendant’s conviction for speeding was reversed); Commonwealth v. Kondor, 438 Pa. Super. 147, 651 A.2d 1135 (Pa. Super. Ct. 1994) (defendant charged with speeding could prevail if the Commonwealth could furnish no justification for posting a 35 mph speed limit because the department of
transportation could not set speed limits arbitrarily). The judgment of the trial court is hereby vacated, and this case is remanded to the court below for further proceedings in accordance with this opinion. Costs on appeal are taxed to the City
of Oak Ridge."
-JUDGE CHARLES D. SUSANO, JR., COURT OF APPEALS OF TENNESSEE AT KNOXVILLE, CITY OF OAK RIDGE v. DIANA RUTH BROWN, No. E2004-01574-COA-R3-CV, FILED AUGUST 19, 2005, JUDGE SHARON G. LEE concurred (Sharon Lee is now a judge on TN Supreme Court and is first cousin of editor John Lee at DealsGapDragon.com)
"State govt can restrict driving on the public roads to drivers with valid current licenses, and restrict drivers to vehicles registered as having passed inspection, notwithstanding argument about a 'right to travel'. State v. Skurdal (1988) 235 Mont 291, 767 P2d 304 ("This is obviously a growing school of thought which had been misguided.... The notion of right to travel remains wholly separate from the right or privilege to operate a motor vehicle on the public highways." The court made a point of discussing many of the crank arguments against requiring drivers licenses; evidently the crank notion is not only are the licensing requirements inapplicable to them but also speed limits)."
-Jew Bernard J. Sussman, JD, MLS, CPm, Jewish Anti-Defamation League of Luciferian B'Nai B'Rith Freemasonry, Militia Watchdog, Idiot Legal Arguments: A Casebook for Dealing with Extremist Legal Arguments Part Ten
"A $9.75 MILLION libel award against the Anti-Defamation League for publicly calling an Evergreen couple anti-Semitic was upheld Tuesday by a federal appeals court. William and Dorothy Quigley won the judgment in April 2000 after the ADL's remarks at a news conference. The incident arose out of a dispute between the Quigleys and neighbors Mitchell and Candice Aronson, who are Jewish. The original judgment was $10.5 million, but a judge reduced that to $9.75 million in 2001 because the Quigleys had won a separate but related judgment against the Aronsons over wiretapping violations. The ADL appealed the libel judgment, but the 10th U.S. Circuit Court of Appeals upheld the smaller award. ADL regional director Bruce DeBoskey declined to comment. The appeals court overturned the jury's finding that the ADL had invaded the Quigleys' privacy, saying the jury instructions were faulty. That decision had no effect on the libel award. The dispute dates to 1994. The Aronsons claimed the Quigleys made anti- Semitic remarks in phone conversations that the Aronsons taped."
-Denver Post, Libel award against Anti-Defamation League upheld, April 29, 2003
"Government control of Communications and Transportation."
-Communist Manifesto, 6th Plank, written by Karl Marx in London, England, United Kingdom of the British Empire
"Mr. Dodd, we operate here at the Ford Foundation under directives which emanate from the White House?We operate and control our grant-making policies?as follows: We shall use our grant-making power so as to alter life in the United States that it can be comfortably merged with the Soviet Union."
—Rowan Gaither, president of the Ford Foundation, reported by Professor Texe Marrs, PhD, USAF (retired), "AmeriRus", Power of Prophesy Radio News
"You will be happy to learn that the former head of the KGB (the secret police of the former Soviet Union), General Yevgeni Primakov, has been hired as a consultant by the US Department of Homeland Security."
-Al Martin, AlMartinRaw.com, Behind the Scenes in the Beltway, "Get Ready for the USSA (The United Soviet States of America)," March 17, 2003
"If you understood what Communism was, you would hope and pray on your knees that we would someday become Communist."
—Jane Fonda, Hollywood acress, wife of CNN News/Time Warner/AOL/Atlanta Braves chairman Ted Turner, in a speech to Duke University students in 1970
"My message to America this morning, then, is this: If YOU fit this definition of a 'terrorist', fear the United States, for YOU WILL lose your liberty! We have engaged in a deliberate campaign of arrest and detention of law breakers."
—John Ashcroft, US attorney general, Senate Committee on the Judiciary, December 6, 2001 (transcript by US Department of Justice)
"The term `domestic terrorism' means activities that involve acts dangerous to human life that are a violation of the criminal laws of the United States or of any State."
—Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 - U.S.A.P.A.T.R.I.O.T. Act, 18 US Code 2331 (passed by Congress without Congress being allowed to read it!)
"SUMMARY: Creates crime of terrorism. Punishes by life imprisonment.
(1) A person commits the crime of terrorism if the person knowingly plans, participates in or carries out any act that is intended, by at least one of its participants, to disrupt:
(a) The free and orderly assembly of the inhabitants of the State of Oregon;
(b) Commerce or the transportation systems of the State of Oregon; or
(c) The educational or governmental institutions of the State of Oregon or its inhabitants.
(2) A person commits the crime of terrorism if the person conspires to do any of the activities described in subsection (1) of this section.
(4) (a) A person convicted of terrorism shall be punished by imprisonment for life. (b) When a person is convicted of terrorism under this section, the court shall order that the person be confined for a minimum of 25 years without possibility of parole, release to post-prison supervision, release on work release or any form of temporary leave or employment at a forest or work camp."
Section 19, chapter 666, Oregon Laws 2001, as amended by section 5, chapter 696, Oregon Laws 2001, is amended to read:
The crimes to which section 1 (11)(b), chapter 666, Oregon Laws 2001, applies are:
(1) Bribe giving
(7) Official misconduct in the first degree
(16) Possession of materials depicting sexually explicit conduct
(24) Unauthorized use of a vehicle
(26) Laundering a monetary instrument
(27) Engaging in a financial transaction in property derived from unlawful activity
(31) Unlawful entry into a motor vehicle
(34) Computer crime
(39) Unlawful recording of a live performance
(40) Unlawful labeling of a videotape recording
(50) Fraudulently obtaining a signature
(51) Fraudulent use of a credit card
(52) Negotiating a bad check
(55) Falsifying business records
(56) Sports bribery
(59) Issuing a false financial statement
(69) Unlawful possession of a firearm
(80) Improperly transferring a handgun
(93) Unlawful gambling
(103) Animal abuse
(105) Animal neglect
(110) Unauthorized use of a livestock animal
(117) Unlawful delivery of an imitation controlled substance
(123) Misuse of an identification card
(129) Criminal driving while suspended or revoked
(130) Driving while under the influence of intoxicants
(132) Terrorism, as defined in section 1 of this 2003 Act
—72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session, Senate Bill 742, amendment to Chapter 666, Oregon Laws 2001, Rense.com, "Oregon Bill Gives Protestors LIFE In Prison In Forest Work Camp - Reclassifies ALL Crimes as 'Terrorism'"
"The people resemble a wild beast, which, naturally fierce and accustomed to live in the woods, has been brought up, as it were, in a prison and in servitude, and having by accident got its liberty, not being accustomed to search for its food, and not knowing where to conceal itself, easily becomes the prey of the first who seeks to incarcerate it again."
—Niccolo Machiavelli (Secretary of War for City-state of Florence, Italy, and tortured in his own city as a POW), from The Prince
“Crouch down and lick the hand that feeds you; and may posterity forget that ye were our countrymen.”
"I didn't know we had so many pigs on the farm!"
-Johnny Knoxville, Dukes of Hazard
Britney Spears' driver's license case dismissed - LOS ANGELES – Britney Spears has a license to go free. Jurors remained deadlocked 10-2 on whether she was guilty of driving without a valid California license Tuesday. A mistrial was declared, prosecutors said they wouldn't pursue the matter further — and Spears was spared a criminal record when the judge ultimately dismissed the case. Ten of the 12 jurors favored outright acquittal for Spears, who never appeared in court. Her attorney, J. Michael Flanagan, declared victory and criticized prosecutors for bringing a "fix-it ticket" to trial because his client is famous. But Los Angeles Deputy City Attorney Michael Amerian said blame for the case getting this far belonged to Spears, who rejected two plea deals — one that included probation [Paris Hilton went to jail for non-violation of probation] and another that would require her to pay a $1,000 fine. Flanagan has said Spears fought the charge to keep her record clean. The jury's deadlock could not be broken Tuesday, even after Los Angeles Superior Court Judge James Steele permitted attorneys to make additional closing arguments in the morning. The jury struggled with the case since resuming deliberations Monday, telling a judge they couldn't reach an unanimous decision after five votes going back to Friday. Steele thanked jurors for their time and dismissed them, and prosecutors told him a couple of hours later that they were dropping the matter, prompting him to dismiss the case. Gary Moy, the jury's foreman, said Tuesday afternoon that he thought prosecutors did enough to convict Spears, but that the majority of his fellow jurors could not be swayed and thought the case was a waste of time. But Flanagan said Spears fame drove the case to trial, and that she should have been allowed to pay a small fine rather than face the maximum penalty of six months in jail and a $1,000 fine. Deliberations lasted longer than the case, which featured only three witnesses and roughly a day's worth of testimony and arguments. The defense had argued that Spears didn't meet the state's residency requirements, and that her Louisiana license was all she needed to drive legally. Jurors posed a pair of questions Monday before declaring themselves deadlocked: One sought to clarify the charges against Spears, and whether she should be considered guilty if she possessed a valid Louisiana license. The other: "Why was she stopped in the first place?" In fact, there was no traffic stop that precipitated the case; she was cited later, after video of the accident surfaced [which was settled out of civil court]. Attorneys on both sides agreed that Spears was behind the wheel in August 2007 when she hit a parked car. That kept jurors from hearing any mention of the hit-and-run — or any narrative elements to explain why she faced a criminal charge. Amerian initially put up only one witness and entered one piece of evidence during the trial, showing that Spears did not have a valid California license more than a week after the accident. In all, only three witnesses testified. After Flanagan called Spears' father to the stand, Amerian introduced signed papers from the singer's divorce that indicated she had been a California resident since at least 2006. Amerian said he thought he did enough to prove the case, but that pursuing it further wouldn't be "prudent." Flanagan said he spoke to Britney Spears' father and conservator, Jamie Spears, after the dismissal and described him as "ecstatic" with the result." October 2008
"The Nature Conservancy has donated 424-plus acres in Blount County along U.S. Highway 129 to the Great Smoky Mountains National Park. The conservancy exercised an option to the land from ALCOA Inc. under an agreement reached in 2004, said spokeswoman Gina Hancock. 'This transaction is part of a 10,000-acre deal that was struck ... between the conservancy, the federal government and ALCOA Inc.,' she said. 'It's been broken into six transactions over time. The latest piece went to the National Park Service as an addition to the GSMNP. It's a strip of land along U.S. 129,' park spokesman Bob Miller said. 'It will provide for a continuous body of parkland all the way to the shore of Lake Chilhowee, which is definitely preferable to us because it makes law enforcement easier.' The park now owns land on both sides of the roadway. 'There is basically no hunting in that area,' Miller said. 'If there is hunting activity going on there, we know it's poaching.' The new addition also provides a buffer to allow the Park Service to better control non-native plant species making their way into the Park.
'It provides a continuous body of land all the way from the lake into the main body of the Park,' Miller said. The non-profit organization bought the land from ALCOA in August 2008, paying $756,500. A 2004 relicensing agreement allowed ALCOA Power Generating Inc. to continue operation of Chilhowee, Calderwood, Cheoah and Santeetlah dams. In exchange, ALCOA granted The Nature Conservancy permanent conservation easements covering about 5,900 acres and long-term conservation easements on an additional 3,975 acres of land located in Blount and Monroe counties."
-Joel Davis, Maryville Daily Times, Smokies gets latest land from ALCOA deal, February 03. 2009
Precedent-setting case requires dismissal of ALL traffic citations against Dragon riders. Blount County district attorney dismissed prosecution nolo prosequi,
rather than face a grand jury on May 1 Communist May Day with a 5 mph traffic ticket.
John Lee WASN'T arrested and jailed during elections on May 2, when his brother was viciously campaigning for Knox County judge
pro se. Pro se legal representation refers to the instance of a person representing himself or herself without a lawyer in a court proceeding, whether as a defendant or a plaintiff and whether the matter is civil or criminal. Pro se is a Latin phrase meaning "for oneself". This status is sometimes known as propria persona (abbreviated to "pro per"). In England and Wales the comparable status is "Litigant in Person". In the United States, many state court systems and the federal courts are experiencing an increasing proportion of pro se litigants. In the United States federal court system for the year 2007 approximately 27% of actions filed, 92% of prisoner petitions and 10% of non-prisoner petitions were filed by pro se litigants. In 100-million annual traffic ticket defense trials in USA, 99% of defendants are pro se. In criminal cases, 34% of pro se writs were granted versus 45% of writs submitted by counsel. According to Erica J. Hashimoto, an assistant professor at the Georgia School of Law, 'After conducting an empirical study of pro se felony defendants, I conclude that these defendants are not necessarily either ill-served by the decision to represent themselves or mentally ill….In state court, pro se defendants charged with felonies fared as well as, and arguably significantly better than, their represented counterparts…of the 234 pro se defendants for whom an outcome was provided, just under 50 percent of them were convicted on any charge….for represented state court defendants, by contrast, a total of 75 percent were convicted of some charge…. Only 26 percent of the pro se defendants ended up with felony convictions, while 63 percent of their represented counterparts were convicted of felonies…in federal court…the acquittal rate for pro se defendants is virtually identical to the acquittal rate for represented defendants.'"
"Some of the courtrooms are not even courtrooms: tiny offices or basement rooms without a judge’s bench or jury box. Sometimes the public is not admitted, witnesses are not sworn to tell the truth, and there is no word-for-word record of the proceedings. Nearly three-quarters of the judges are not lawyers, and many — truck drivers, sewer workers or laborers — have scant grasp of the most basic legal principles. Some never got through high school, and at least one went no further than grade school. People have been sent to jail without a guilty plea or a trial, or tossed from their homes without a proper proceeding. In violation of the law, defendants have been refused lawyers, or sentenced to weeks in jail because they cannot pay a fine. These are New York’s town and village courts, or justice courts, as the 1,250 of them are widely known. They handle nothing weightier than traffic tickets and small claims. A woman in Malone, N.Y., was not amused. A mother of four, she went to court in that North Country village seeking an order of protection against her husband, who the police said had choked her, kicked her in the stomach and threatened to kill her. The justice, Donald R. Roberts, a former state trooper with a high school diploma, not only refused, according to state officials, but later told the court clerk, 'Every woman needs a good pounding every now and then.' Justice Thomas R. Buckley, a phone-company repairman, cursed at defendants and jailed them without bail or a trial. 'I just follow my own common sense,' Mr. Buckley, in an interview, said of his 13 years on the bench. 'And the hell with the law.' Among their 2.2 million cases, the courts handle more than 300,000 criminal matters a year. Justices can impose jail sentences of up to two years. Many do not know or seem to care what the law is. Justices are not screened for competence, temperament or even reading ability. The courts also handle money — more than $200 million a year in fines and fees. Norman P. Effman has been the public defender for 16 years in Wyoming County, where he said only one of the 37 justices was a lawyer. Disciplinary officials disclosed that in a five-year period, a Rochester-area justice had mistakenly imposed $170,000 in traffic fines beyond what the law allowed. Several justices have threatened to arrest litigants in small-claims cases, showing they do not understand the difference between civil and criminal cases. John D. Cox, a quarry manager in Le Ray, near Watertown, summarily jailed people who were unable to pay fines, the commission said. But he received the lightest public penalty, an admonition, in 2002 after he explained that in 22 years in office, he had never been taught that state law allows defendants a new hearing and a lawyer when they say they cannot pay their fine. Few people who came to his court ever told Donald R. Roberts he was wrong. A strapping former state trooper, he was working as a gas-company truck driver when he was appointed village justice in Malone, near the Canadian border, in 1993. When he was removed five years later, the Commission on Judicial Conduct dispatched him with a stinging description: 'a biased, mean-spirited, bullying judge.' It was Justice Roberts who declared that women needed 'a good pounding.' Some justices, unsure of the law, have also come to rely too much on the authorities. Elaine M. Rider, who presided in Waterville, near Utica, fretted that she did not 'really have the time to puzzle this out' when a criminal defendant argued that evidence had been seized illegally. So she had the prosecutor write her decision, the commission said.”
-New York Times, In Tiny Courts of N.Y., Abuses of Law and Power, September 25, 2006 -- In Tennessee, municipal court judges and county judicial commissioners are not required to be licensed lawyers, nor have any legal education.
"The question before us now is whether a defendant in a state criminal trial has a constitutional right to proceed without counsel when he voluntarily and intelligently elects to do so. Stated another way, the question is whether a State may constitutionally hale a person into its criminal courts and there force a lawyer upon him, even when he insists that he wants to conduct his own defense. It is not an easy question, but we have concluded that a State may not constitutionally do so. The Star Chamber has, for centuries, symbolized disregard of basic individual rights. The Star Chamber not merely allowed, but required, defendants to have counsel. The defendant's answer to an indictment was not accepted unless it was signed by counsel. When counsel refused to sign the answer, for whatever reason, the defendant was considered to have confessed."
-Judge Potter Stewart, United States Supreme Court, Faretta v. California, 422 U.S. 806 (1975). Bob Woodward disclosed that Justice Stewart had been the primary source for "The Brethren"
-Black's Law Dictionary, 7th
1. One who is designated to transact business for another; a legal agent. Also termed attorney-in-fact; private attorney. 2. A person who practices law.; LAWYER. Also termed attorney-at-law; public attorney. COUNSEL.
-Black's Law Dictionary, 7th
power of attorney.
1. An instrument granting someone authority to act as an agent or attorney-in-fact for the grantor.
-Black's Law Dictionary, 7th
power of attorney.
A power of attorney (POA) or letter of attorney in common law systems or mandate in civil law systems is an authorization to act on someone else's behalf in a legal or business matter. The person authorizing the other to act is the principal, granter or donor (of the power), and the one authorized to act is the agent, the attorney-in-fact, or in many Common Law jurisdictions, simply the attorney. The term attorney-in-fact is commonly used in the United States, to make a distinction from the term attorney at law. An attorney-at-law in the United States is a lawyer—someone licensed to practice law in a particular jurisdiction. In most other common law jurisdictions, lawyers are not called attorneys. In those jurisdictions the term "attorney" is used instead of "attorney-in-fact".
(9)(a) "Any law student who has successfully completed one-half of the legal studies required for graduation in an approved law school in the State of Tennessee may, with the written approval of the Supreme Court of Tennessee, provide legal services to, and/or may appear in any municipal, county or state court on behalf of, any person or entity financially unable to afford counsel or on behalf of the state of Tennessee or of any municipal or county government; provided, however, that the law student is participating in a law school clinical program, furnishing assistance through a legal aid program, or serving as an assistant to a District Attorney General, Public Defender, the state’s Attorney General, the general counsel of any state agency, or a county or municipal legal director’s office; and that the law student is under the immediate and personal supervision of a member of the law school’s faculty, a licensed legal aid attorney, a District Attorney General or designated Assistant District Attorney General, a District Public Defender or designated Assistant District Public Defender, the Attorney General of Tennessee or any assistant in his or her office, the general counsel of any state agency or any staff attorney in his or her office, or the director of a county or municipal legal office or designated staff attorney."
-RULES OF THE SUPREME COURT OF THE STATE OF TENNESSEE. ARTICLE X. SPECIAL OR LIMITED PRACTICE, Sec. 10.03. Law Student Practice
(12) "This Rule applies to the sale of a law practice by representatives of a deceased, disabled or disappeared lawyer. Thus, the seller may be represented by a non-lawyer representative not subject to these Rules. Because, however, no lawyer may participate in a sale of a law practice that does not conform to the requirements of this Rule, the representatives of the seller as well as the purchasing lawyer can be expected to ensure that the requirements are met."
-RULES OF THE SUPREME COURT OF THE STATE OF TENNESSEE. Rule 1.17 - SALE OF A LAW PRACTICE
"To be a Social Security representative, a person does not have to be a lawyer. Many companies which advertise as representatives not affiliated with lawyers and do not send lawyers to the hearing with their clients. Many lawfirms send their paralegals to the final evidentiary hearing on their social security claims. A lawyer does not attend the final hearing."
-Kinsell, Zadel & Whitaker attorneys at law, How to choose a Social Security Disability Law Firm
"He who represents himself has a fool for a client."
-President Abraham "Lincoln" Rothschild, unlicensed lawyer who never attended law school and never passed a bar exam, shot dead by his own secretary of war, after genociding 1-million US citizens in the Mother of All Wacos
MARYVILLE, TENNESSEE - Question: If a licensed lawyer don't know how to win any traffic ticket case, in a courtroom, using The Law, is he/she really a trial lawyer? Bribing the "judge" with a "campaign contribution" don't count.
Am I a lawyer?
Anyone can be a lawyer by reading a law book. A "licenses to practice law" is a new invention, applied mainly to commercial agents who represent corporations, and there are many exceptions. Law school students can represent clients in court, with the judge acting as sponsor of the unlicensed/uneducated student. A Power of Attorney-in Fact contract allows any person to represent any other person in any case in any court ("pro se for a pro se"). Pro se means "without a lawyer", which everyone has the right to do in any trial. Now YOU are a lawyer. Tag. You're it.
The Blount County district attorney has dismissed its prosecution of
John Lee, for the non-crime of safely rolling through a stop sign and
not causing a crash.
All traffic citations charged under state statute are allegedly Class
C misdemeanors, with up to $50 fine (plus $200 court costs), and up
to 30 days in jail, not counting DUI, reckless driving, vehicular
assault and vehicular homicide.
This case was defended pro se (without a lawyer). Lee was offered
a "free" court-appointed lawyer, which costs defendants up to
hundreds of dollars in "administrative fees". These de facto fees by
Tennessee legislature subvert the US Supreme Court case of GIDEON VS WAINWRIGHT, the pro se case that resulted in every American granted a
free lawyer in criminal trials, and ARGERSINGER v. HAMLIN, the pro se US supreme court case which extended that right to "petty offenses" and non-jury trials. Lee turned down that offer, which
conflicted with Lee's motion for "advisory counsel only". Public
defenders are generally only capable of pleading clients guilty,
rather than a spirited defense.
Lee's legal defense included Constitutional challenges to Tennessee
Code and Tennessee Rules of Criminal Procedure. Had the case gone to
the Tennessee Courts of Appeal, legal precedent may have been set to
overturn millions of "convictions" for traffic citations in Tennessee.
There is a major scam in Tennessee courts, where judges fraudulently
claim traffic citations use Tennessee Rules of Criminal Procedure,
when in fact they must use Rules of Civil Procedure, which is
entirely different. This results in denial of Due Process, by making
it impossible for defendants to know the correct rules of court. For
example, it is impossible to "plead guilty" or "innocent" in civil
trials, and its is impossible to go to jail in civil trials (except
for civil contempt for inability to pay a debt).
Criminal charges were filed by John Lee against the deputy sheriff,
after his in-car video failed to show Lee's vehicle committing any
breach of contract, but did show the deputy's vehicle perp multiple
crimes, including crossing a double yellow line in a dangerous curve,
and speeding 31mph above the posted speed limit in a residential
Lee also filed criminal charges against the Blount County court
clerks, who illegally refuse to issue supoenas for all defendants,
and illegally deny mandatory access to audio tape recordings of
preliminary hearings in sessions court.
Lee performed an audit of Blount County court docket, which indicated
discrepancies in the number of traffic tickets of the sheriff's
blotter, versus the number of tickets on the clerk's docket. This
indicated racketeering and organized crime perped by the sheriff's
dept and court clerks, aka "ticket fixing" and embezzlement.
Lee's case was scheduled for bind over to Blount County grand jury on
May 1, after a preliminary hearing in sessions court allegedly found
probable cause for bind over. The "burden of proof" in criminal cases
is a mere 50.01%, which is merely an unsubstantiated accusation.
Blount County ADA Larry Holden called on April 24, to announce no-
notice ex parte hearing in General Sessions court, on the
prosecution's motion to dismiss with prejudice, with court costs paid
by the State. When asked the reason for the dismissal, Holden
replied "that it serves no interest for The People to pursue this
Watch this space for postings of hearings transcripts and court
LIST OF COURT DOCUMENTS FILED IN
BLOUNT COUNTY SESSIONS COURT TRAFFIC CITATION DEFENSE
HISTORIC FIRST SUBPOENA EVER FILED BY DEFENDANT (2006)
CRIMINAL CHARGES FILED AGAINST DEPUTY FOR DRAG RACING, RECKLESS DRIVING, SPEEDING, CROSSING A DOUBLE YELLOW LINE, RUNNING A STOP SIGN, AND OTHER CRIMES.
HATCHERGATE: CRIMINAL CHARGES FILED AGAINST CIRCUIT COURT CLERK TOM HATCHER.
HATCHER IS AN EX DEPUTY SHERIFF BUT NOT A LICENSED LAWYER AND NEVER ATTENDED A COLLEGE OF LAW. HATCHER'S HIRED HIS SON DUSTIN HATCHER AS "JUDICIAL COMMISSIONER" (JUDGE/MAGISTRATE) TO ISSUE SEARCH WARRANTS, ARREST WARRANTS AND DECIDE WHETHER TO EXTORT BAIL, RELEASE FOR FREE ON "OWN RECOGNIZANCE" (O.R. BOND) OR REMAIN IN JAIL, EVEN THOUGH HE LACKED A REAL COLLEGE DEGREE, LACKED A LAW SCHOOL DEGREE AND LACKED A LICENSE TO PRACTICE LAW ("UNAUTHORIZED PRACTICE OF LAW" IS A CRIMINAL MISDEMEANOR). DUSTIN HATCHER RESIGNED AFTER FORCING COURT EMPLOYEES TO DRESS IN LINGEREE AND POSTED NUDE PHOTOS IN THE COURT HOUSE.
How to bribe a judge then win in court
Judge Ernest H. Woods III, chief of the Mountain Judicial Circuit Superior Court, resigned effective Jan. 15 after 17 years on the bench. The district attorney had compiled the documents in connection with an inquiry into complaints that the judge was unfairly holding a drug-court defendant in jail. The defendant's family presented printed copies of 33 pages of messages between the judge and 35-year-old Tara Elizabeth Black, who had been involved with the drug-court defendant and who was herself a defendant in a theft case. Judge Woods initiated the contact with Black, sending her a message saying he noticed she worked for a hair salon and was looking for someone new to cut his hair. That led to a string of messages and eventually to a meeting, after which Black asked Woods to loan her money to pay rent, and another meeting at her apartment. In several messages, she asked the judge to help her friend get out of jail, saying she felt badly that his probation was revoked because of a photo she posted on Facebook of him holding a beer. She offered the judge a year of free massages from a friend in return for his help, adding "LOL" and "I'm not really trying to bribe you."
JUDGE DUSTIN HATCHER POSES FOR PINUP CALENDAR IN BLOUNT COUNTY JUSTICE CENTER - BLOUNT COUNTY GRAND JURY HEARING SCHEDULED IN APRIL 2007 TO DECIDE ON INDICTMENT OF HATCHER
Former Blount magistrate pleads guilty to sexually exploiting girl
A former Blount County magistrate has pleaded guilty to one charge of sexual exploitation of a 17-year-old girl. Dustin Hatcher entered his plea today as part of an agreement with the prosecution. According to the terms of the agreement, the 26-year-old accepted the maximum sentence for the felony, up to four years imprisonment. He also waived his right to appeal the sentencing, which is scheduled for August. The girl, identified only as Jane Doe, claimed Hatcher summoned her to his office in the Blount County Justice Center on Nov. 30, 2006, and used his position to force her into putting on lingerie and perfume in his presence. The suit claimed Hatcher took digital photographs of the girl. Some pictures showed her bare breasts. The girl was awarded $45,000 last year in the settlement to a civil lawsuit over the incident.
Tennessee cops secretly use amnesia drug
For almost two years, Metro police have had the option of calling for a needle loaded with a strong sedative to control the most unruly people they encounter on the street. But many people said that the injection was news to them, and a top medical ethicist said it’s a troubling precedent. The drug is called Midazolam, which is better known as Versed. People who have had a colonoscopy have probably had a shot of the drug for the procedure. “The drug has an amnesia effect, and we use that therapeutically because one of the nice ways to take care of the discomfort is to make people forget that they’ve had it,” said biomedical ethics and law enforcement expert Dr. Steven Miles. Beasley said he had no idea what happened after he was injected. “I woke up — I don’t know how much time had passed — with a sergeant standing over me telling me to sign here. I didn’t know what I was signing. I just signed a piece of paper.” But Beasley’s lawyer, a public defender, had no idea that Versed had been used to subdue him until Kalodimos told him about it. The state’s largest mental health advocacy group, Nashville’s mental health judge, the Nashville Rescue Mission, the American Civil Liberties Union all said they had no knowledge of the use of the drug by police. “I’ve talked to my colleagues around the country, and none of the people from the south to the north to the east to the west have ever heard about this kind of program, this kind of use where they basically force an injection upon an individual knowing nothing about his or her medical condition,” said ACLU Director Hedy Weinberg. It’s up to the officer to call an ambulance and determine if a person is in a condition called excited delirium. The biggest side effect that is seen in more than 80 percent of those who are injected with Versed is amnesia. The side effect raises the question of a person being able to defend themselves in court if they can’t remember what happened. “If they would’ve said I’d done anything after that shot, hey, I couldn’t have argued that fact. I don’t remember,” Beasley said. Kalodimos reported that while doing research for this report, she found a post on a paramedics Internet chat site that said, “One good thing about Versed is that the patient won’t remember how he got that footprint on his chest.”
Blount settles teen disrobing lawsuit
A 17-year-old girl who said in a federal lawsuit that she was coerced into disrobing and putting on revealing lingerie in the office of a Blount County judicial commissioner will receive $45,000, according to a settlement filed today.
On Dec. 14 the girl, identified only as Jane Doe, sued former Judicial Commissioner Dustin Hatcher, as well as Blount County, the Circuit Court Clerk’s office for whom Hatcher worked, and other unnamed county employees who may have had knowledge of the incident, claiming Hatcher had summoned her to his office in the Blount County Justice Center on Nov. 30 and used his position to coerce her into putting on revealing lingerie and perfume in his presence. The suit claimed Hatcher then took digital photographs of the girl in the attire and others of her as she changed back into her own clothes. Some of the pictures showed her bare breasts, the suit said. Hatcher also was accused of showing the pictures to other employees in the Justice Center. Wednesday’s settlement places the settlement money, less the $15,500 in attorney fees, in possession of the Blount County Clerk and Master’s Office until she reaches age 18 this spring, at which time the money will be turned over to her. "I am pleased on behalf of Jane Doe," the girl’s attorney, Gregory P. Isaacs, said today. "It was an unfortunate situation that brought the parties together, but we were able to obtain a favorable result that will allow Jane Doe to pay for her education. The settlement documents, signed by Blount County Circuit Judge Dale Young, say the "costs of this case are taxed to Blount County." A parallel Tennessee Bureau of Investigation probe into the case continues. "The criminal case is ongoing,"" said TBI spokeswoman Jennifer Johnson. January 10, 2007
Mayor says county not liable in allegations that magistrate coerced teen
Blount County Mayor Jerry Cunningham said it doesn’t appear the county has any liability in the federal lawsuit filed by a woman who said magistrate Dustin Hatcher coerced her daughter into his office and took digital images of her in lingerie.
While the suit filed Dec. 15 claimed that Dustin Hatcher was acting in the course and scope of his employment with the county when he allegedly took photos of the 16-year-old, Cunningham said that if the allegations were true, Dustin Hatcher was not acting within the scope of his authority. Cunningham said, "From what I’ve read, certainly acts like that are outside the scope of his employment, and, of course, we have policies about sexual harassment," he said. "I don’t think there any liabilities on the county’s part because acts like that, if true, are outside the scope of his employment." Cunningham took issue with the lawsuit being filed so soon after the alleged incident. "This lawsuit was filed before the (Tennessee Bureau of Investigation) had completed any investigation," he said. "When I was practicing, I didn’t file lawsuits before an investigation was either done by me or by one of the other government agencies." Cunningham said he had spoken with the mother of the alleged teen victim in the case as late as the Wednesday before the lawsuit was filed on Friday, Dec. 15, and she gave no hint a lawsuit was eminent. "Interestingly, I’ve talked to girl’s mother on about three or four occasions, and she indicated to me that she was only interested in Dustin Hatcher not being in the magistrate’s position," he said. "She indicated she was not interested in money but rather that he not fill that position or be in that position." Cunningham said that the mother never said anything about having an attorney or he would have spoken to the attorney. Blount County Commission Chairman Bob Ramsey said he not think the county had any liability in the alleged offense. "I’m sure we’ve taken adequate precautions security-wise. I still don’t know exactly what happened. I assume this is just a personal failure and adequate guidelines for security and the pursuit of his obligations are in place by the county," Ramsey said. "We’ve taken adequate measures to instruct and guide the activities in that office, and I assume that any failure is a personal one, and it shouldn’t reflect on the county." Commissioner David Graham said he was concerned about nepotism in county government and the constitutional offices such as the circuit court clerk’s office. "As far as I’m concerned, county government operates as a corporation with the voters being the shareholders. Why we’re having to discuss nepotism is a no-brainer. We should have a policy that at least mirrors the corporate policies at Denso and Alcoa, Inc. and possibly even Maryville, which I understand is even stricter." Mayor Cunningham said each elected office implements their own policies. "I’ve implemented a nepotism policy for all my departments. There’s one in effect," he said. "I can’t force (constitutional office holders) to adopt one."
Tom Hatcher said on Monday, Dec. 18 that his office’s manual adopted the same standards as previously used by the county, it didn’t mention nepotism and he didn’t recall any measures against nepotism. The circuit court clerk said that his son has always reported to other individuals. Most recently he reported to Hatcher’s chief deputy clerk. Hatcher said that while magistrates are paid a $1 a year from the commission, who approve the magistrates hiring based upon TCA 40-1-111. Hatcher said he was always told his office scheduled the magistrates. The magistrates work as deputy clerks with additional responsibilities. Deputy clerks earn between $18,000 and $32,000 annually, depending on years of service, Hatcher said. "We’re here 365 days a year, 24 hours a day and weekends they’re on call," Hatcher said. "They’re here for law enforcement when they need a warrant and also for the general public who are victims of crimes." The suit alleged Dustin Hatcher then used his authority to "coerce" the teen into trying on the lingerie. The teen initially refused, before Dustin Hatcher coerced her with statements related to his authority as a county magistrate/judicial and juvenile commissioner. Dustin Hatcher "exhorted compliance with his demands by making the statements ‘you owe me’ and ‘you can trust me.’"The suit said Dustin Hatcher then took digital photographs of the teen’s bare breasts as he forced her to remove the lingerie. He then showed the photographs to other employees of Blount County. The suit also stated that Thomas Hatcher was negligent in hiring Dustin Hatcher for the position of magistrate as he was Thomas Hatcher’s son and "did not have proper qualifications and proper experience."
Sheriff James Berrong said Saturday, Dec.16, confirmed that the teen girl’s mother came to the Blount County Justice Center early on Friday, Dec. 1. It didn’t take long for the sheriff to decide the alleged incident needed to be investigated by another agency. "It was brief. She came in real early. The office hadn’t opened up," Berrong said. The woman entered the justice center and spoke with officers at the metal detector. They introduced her to deputy Randy Chambers who then brought her to Chief Deputy Ron Dunn. Berrong estimated that from the time the mother entered the building to when a decision was made to contact the district attorney and the TBI took about 30 minutes. "That’s guess," he said of the timeframe. "We don’t want any appearance of a conflict of interest. That’s basically what we do on cases we think we have an appearance of a conflict." December 21, 2006
Former magistrate accused of taking naked pictures of teen
A federal lawsuit accuses a former Blount County magistrate of coercing a teen girl into questionable acts.
The lawsuit filed Friday night claims Dustin Hatcher committed the acts in his county office.
The lawsuit filed by an unidentified 17-year-old girl and her mother in U.S. District Court claims Hatcher called the teen to his office at the Blount County Justice Center. Once there, the suit alleges Hatcher told the girl to put on lingerie and perfume. The suit claims Hatcher then took pictures of her bare breasts. He then allegedly showed the pictures to other county employees. Hatcher is the son of Blount County Circuit Court clerk Tom Hatcher, who is also named as a defendant, along with Blount County, the clerk's office and other male and female county employees.
6 News was unable to get a comment from Dustin or his father. Dustin Hatcher resigned from office on December 2 after the Tennessee Bureau of Investigations began investigating him. Though these are still only accusations, Blount County residents say the news is shocking. "It's kind of amazing you'd have someone in that position accused of doing something like that," said one man. "Sick. Public officials should be above reproach not doing things like that," a woman told 6 News.
The lawsuit says the girl suffered "emotional distress" from this "nonconsensual sexual assault." She is seeking damages.
Hatcher family relatives told 6 News they don't believe the allegations.
This is not the first time the Hatchers have made the news.
Just last month, Tom Hatcher repaid Blount County close to $4,000 out of his department account for a degree [Bachelor's and Master's degrees purchased on the same day] he earned from a non-accredited online college. December 16, 2006 [NOTE THAT IN TENNESSEE ONLY "LICENSED LAWYERS" WHO GRADUATED FROM LAW COLLEGE AND PASSED A BAR EXAM CAN DECIDE CRIMINAL CASES - WILL ALL CRIMINAL CASES DECIDED BY HATCHER BE REVERSED ON APPEAL?]
Former magistrate accused in civil suit was promoted despite poor job review
6 News has uncovered new details in the case of a former Blount County magistrate accused of taking questionable pictures of an teenaged girl. A civil lawsuit filed last week claims Dustin Hatcher called the girl to his office on December 1 and offered her revealing lingerie and perfume. It says he then coerced her into putting them on.
Hatcher is then accused of taking pictures of the girl wearing the lingerie, forcing her to take parts of the clothing off, and then taking more pictures. 6 News took a look at Hatcher's county personnel file.
He graduated in 2000 from Heritage High School in Blount County.
Hatcher had been working for the county since 2000 in a number of positions. He became a magistrate, or an officer of the court, in February 2003. In that position he worked under his father, Circuit Court Clerk Tom Hatcher.
In a review done last October, the 25-year-old received negative feedback on quality of work and dependability.
The reviewer writes, "He has good intentions....but sometimes I can't count on him."
The reviewer adds, "He doesn't appear to take pride in his work.... He is not a man of his word."
Despite that review, Hatcher was promoted to a supervisor position.
Blount County judge resigns during TBI investigation
WBIR TV - An employee of Blount County has resigned following an investigation by the Tennessee Bureau of Investigation.
Dustin Hatcher served as Magistrate with the Blount County Circuit Court. There's no word on exactly what he's accused of, but the investigation is said to be "ongoing." Hatcher released a statement Saturday. In it, he said "..regardless of the outcome of these allegations, out of the respect that I have for my father, my wife, my family and this office, I am resigning." Hatcher is the son of the Blount County Circuit Court Clerk Tom Hatcher. 12/3/2006 [IS THIS DUE TO JOHN LEE'S AFFIDAVIT OF PROBABLE CAUSE FOR CRIMINAL COMPLAINT AGAINST BLOUNT COUNTY COURTS AND SHERIFF RE TRAFFIC TICKET FIXING AND MISDEMEANOR CITATION FIXING, BRIBERY AND EXTORTION? IS DUSTIN HATCHER A LICENSED LAWYER, SINCE THE NEWS REPORT FAILED TO IDENTIFY HIM AS SUCH?]
Clerk's son resigns post as TBI begins review
KNOX NEWS SENTINEL - The son of Blount County Circuit Court Clerk Tom Hatcher has resigned as a magistrate in his father's office in the midst of a TBI investigation, according to a news release issued Saturday. Dustin Hatcher resigned Saturday after allegations were made against him, according to the release issued under Clerk Tom Hatcher's letterhead. Reached Saturday night, Tom Hatcher said he could not comment beyond the release's contents. The statement does not detail the nature of the TBI investigation, which began Friday. "I love my son, and from a family standpoint, we will be there to support him," Hatcher is quoted as saying in the release. "However, as an elected public servant of this community, I will fulfill the duties of my office and will continue to fully cooperate with the TBI regarding this investigation." December 3, 2006 [NOTE THAT KNOX NEWS SENTINEL CENSORS THE FACT THAT HATCHER WAS A JUDGE]
Court clerk's son resigns as magistrate due to probe
MARYVILLE DAILY TIMES - Blount County Circuit Court Clerk Tom Hatcher's son Dustin Hatcher resigned Saturday as a magistrate due to a TBI investigation initiated Friday. Tom Hatcher announced the resignation Saturday evening in a press release. He noted that he is unable to make further comments about allegations against his son due to the on-going investigation by the Tennessee Bureau of Investigation. According to the press release, Dustin Hatcher turned in his resignation following allegations against him. The nature of the investigation was not specified. "Regardless of the outcome of these allegations, out of the respect that I have for my father, my wife, my family and this office, I am resigning my position," Dustin Hatcher said in the release. Both Tom and Dustin Hatcher have fully cooperated with the TBI, the release said. The investigation is apparently in its preliminary stages, and it could be months before its conclusion. "I love my son and, from a family standpoint, we will be there to support him," Tom Hatcher said in the statement. "However, as an elected public servant of this community, I will fulfill the duties of my office and will continue to fully cooperate with the TBI regarding this investigation." Efforts to reach the TBI for comment were unsuccessful. December 3, 2006 [HATCHER WAS A JUDICIAL COMMISSIONER APPOINTED/HIRED BY HIS DADDY. IN TENNESSEE, A "MAGISTRATE" IS APPARENTLY DEFINED AS AN UNELECTED "JUDGE" WHICH VIOLATES THE TENNESSEE CONSTITUTION. IN CIVIL TRIALS, BOTH PARTIES TO A LAWSUIT MUST VOLUNTARILY WAIVE THEIR CONSTITUTIONAL RIGHT TO A REAL JUDGE, BEFORE A MAGISTRATE CAN HEAR A CASE.]
Blount flower farmer illegally jailed for 5 days for not having nonexistant 'farmer's license' - Pro se litigants cite Constitutions and TN Code while filing criminal charges against public servants run amok
During their preliminary hearing both Wendy Gail and William Albert Roseburgh said they are prevented by their religious beliefs from signing any type of agreement with anyone or any organization, and they faced the court without the aid of an attorney, quoting the Bible as saying God will give them the proper words to speak. At the end of Friday's hearing, the Roseburghs presented Judge David Duggan of Blount County General Sessions court with sworn statements in which they asked the judge to order the arrests of Assistant District Attorney Clinton Frazier, Circuit Court Judge W. Dale Young and three members of the state agriculture department staff on myriad charges ranging from false imprisonment and kidnapping to suborning perjury, stalking, extortion, making false statements in official documents, official oppression, retaliation for past actions, civil-rights intimidation and more. Duggan declined. Near the end of the hearing the Roseburghs were presented with written statements affirming the court's finding of probable cause but they did not sign them. When Duggan noted they had "refused" to sign, William Roseburgh interjected forcefully: "Not refused. We cannot." 72 hours is max time allowed for jail without a bail hearing by magistrate. Any delay is questionable, since constitutions require immediate hearings. Hence false imprisonment under TCA. BC judicial commissioner Dustin Hatcher failed to sign arrest warrants for the Roseburghs. Now ex-judicial commissioner Dustin Hatcher is on trial today for pedophile rape, removed to Sevier county, and BC taxslaves paid $44,000 to his rape victim. Dustin Hatcher has no college education, no law degree, never passed a bar exam, never got licensed as a lawyer, so he has no knowledge of what The Law is. Hatcher took nude photos of the little girl in the "Justice" Center, and posted those nude photos throughout the "Justice" Center. How's that for "justice"? Hatcher pled guilty to that felony, with a sentence of up to 4 years in prison (or will he get probation???). In May 2008, the Roseburghs presented their case to the grand jury in Blount County, so the BC DA banned the Roseburghs from the grand jury in the BC "Justice" Center.
The Roseburghs have now presented their criminal complaints to state public servants. The Roseburghs presented very lucid, educational, intelligent and entertaining interviews on WBCR 1470am Truth Radio.
Only big-busted women allowed to buy driver licenses
Communist Vietnam suspends plan to ban small-chested drivers. Faced with mounting public criticism, Vietnam's Health Ministry suspended a widely ridiculed plan to ban short, thin and small-chested drivers. The ministry had recommended that people whose chests measure less than 28 inches be prohibited from driving motorbikes - as well as those who are too short (less than 4 -foot-8) or too thin (less than 88 pounds). When the media revealed the plan this week, it prompted disbelief and scorn among members of the public, who envisioned the police pulling over female drivers to measure their breasts. Thursday's state-run Tuoi Tre newspaper quoted ministry official Nguyen Huy Quang as saying the proposal would be suspended.
Pastor Butch refuses to drive with National ID Internal Passport Voluntary Driver License Contract
Governor Joe Manchin: "You addressed concerns about the digitized driver's license and your convictions with accepting the requirements placed upon you to obtain your driver's license. The Real ID Act will, in fact, be mandated by the Federal Government by 2008 and state government must comply with the regulations placed upon them." Pennsylvania legislator Samuel Rohrer in a letter to Judge Phyllis Streitel on April 18, 2006: "The crux of the issue is whether Title 75 can properly be applied to the individual. Within an individual's right to liberty is the inherent right to travel. If one's movement can be restrained such restraint is intrensicly a restraint upon his liberty. Mr Reil's use of an automobile is simply an extension of his personal liberty to move about as he wishes. My research, and that of my staff, confirms that Title 75 can only be applied to commercial vehicles and commercial use of the roads. An individual who wishes to utilize an automobile or other means of conveyance in order to exercise his right to travel cannot lawfully be required to obtain a license to drive or register his automobile in order to operate freely on our roads." UPDATE: Pastor Butch now has a driver license but without a digital photo, only a hard copy photo on file that can be faxed.
Driving on American Roads is a Constitutional Right, not a State-Granted 'Privledge'
Ex-cop Richard James McDonald's winning legal defense in a California traffic court. Main website at state-citizen.org. WHO IS REQUIRED TO HAVE A DRIVER LICENSE? "As indicated by it title, the act was designed to impose a license tax upon those engaged in the business of operating motor vehicles upon the public highways for the transportation of persons or property for compensation." - Bacon Service Corporation v. Huss (1926) 199 Cal. 21, 26-27.
Title 18 UNITED STATES CODE Sec. 31 (2006-07-07)
PART I - CRIMES
CHAPTER 2 - AIRCRAFT AND MOTOR VEHICLES, Sec. 31.
(6) Motor vehicle.— The term “motor vehicle” means every description of carriage or other contrivance propelled or drawn by mechanical power and used for commercial purposes on the highways in the transportation of passengers, passengers and property, or property or cargo.
(10) Used for commercial purposes.
The term “used for commercial purposes” means the carriage of persons or property for any fare, fee, rate, charge or other consideration, or directly or indirectly in connection with any business, or other undertaking intended for profit.
Voluntary Driver Licensing vs the Right to Travel
By Pastor Butch Paugh, Constitution Party candidate for governor of West Virginia, US Army veteran of Vietnam Wars, host of Call to Decision Ministries Radio Show. The following argument 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 the charges to be 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. If you are not using the highways for profit, you cannot be required to have a driver's license.
Communist China requires vehicle registration for bicycles
So irate citizen firebombs Communist police station and hacks 6 cops to death. Yang Jia, a 28-year-old unemployed man from Beijing, appeared in court in Shanghai charged with an alleged attack against the police on July 1, the anniversary of the founding of the Chinese Communist Party. However, instead of condemnation, he has received widespread approval from Chinese internet users, or netizens, for his apparent act of defiance. He has become a symbol for the growing number of people who are attacking Chinese police in protest at the brutality of the state. Mr Yang has even been compared to Wu Song, one of the greatest heroes in Chinese literature, who killed a tiger with his bare hands. One message left on his MySpace page said: "You have done what most people want to do, but do not have enough courage to do". The prosecution said Mr Yang had acted out of "revenge" after he was caught by police riding an unlicensed bicycle last October and interrogated. Sixth Plank of Communist Manifesto is "Government control of communications and transportation."
Tennessee Supreme Court Overturns ID Roadblocks
Tennessee Supreme Court finds an ID roadblock illegal because it was used to issue traffic tickets in the name of safety. On Thursday, the Tennessee Supreme Court unanimously found the use of roadblocks to check identification papers, driving licenses and automobile registrations to be unconstitutional. The court struck down a Chattanooga Housing Authority (CHA) "residency" checkpoint at Poss Homes on 2409 Washington Street. The authority, which has its own police force, claimed the stops would protect residents from crime and illicit drug use by turning away non-residents. The high court overturned Hayes' conviction because it did not believe, contrary to police claims, that the primary purpose of the checkpoint was safety. The evidence showed the roadblocks were successful instead at issuing expensive tickets. "In their zeal to preserve and protect, however, our police officers must respect the fundamental constitutional rights of those they are sworn to serve," the court concluded. "Entry identification checkpoints of the type used here result in the abrogation of one of those fundamental constitutional rights. Such checkpoints cannot, therefore, be countenanced, no matter how lofty their goals. The ends, in this case, simply do not justify the means." State of Tennessee v Hayes, No. 244042-43, November 16, 2005 - Full text of court order PDF
Gilmore v. Gonzales
No license required to travel in USA, according to US Supreme Court. But you do have to talk to police and identify yourself, if you travel as a passenger without a "driver license". US Supreme Court says secret laws are okay, even when members of Congress are not allowed to read them. Very interesting case by the top US law firms regarding the Constitutionally guaranteed right to travel without a license nor identification. This involved a passenger on an airliner traveling without a driver license internal passport contract after 9/11/2001. Note that "ultralight" aircraft pilots are NOT required to have pilot licenses to travel by flying in USA. FAA Administrative Court has no jurisdiction over "flying tickets" when a pilot does NOT have a pilot license, even when that pilot crashes into a hanger full of parked aircraft, causing financial damages. As in driving, government has no jurisdiction over the "personal" right to travel by flying, and only has jurisdiction when a "commercial pilot" is flying for profit in a commercial enterprise.
FAA 4.6 - Ultralight Operations - gliders, motorized gliders, paragliders, motorized paragliders, hangliders, ultralight aircraft - Ultralights, paragliders, and hang gliders do NOT require an FAA Certificate or pilot's license. Such operations are haphazard and often require only the price of the aircraft. Some of them may be powered by small engines from 15 to 50 hp. The noise and vibration from such engines can be extremely high. With little in the way of certification or training required, and the smaller hang gliders, usually simply launched off a hill or a cliffside, are used for recreation by individuals with minimal training. The pilots are suspended in an open cage and their personal protection may consist of entirely a helmet, if worn or a parachute. Accidents are frequent and there are many injuries associated with these aircraft. Some are braced with a roll cage, but others may have no protection for the pilots, whatsoever. And those that are foot launched, such as a hang glider, provide no structural protection. There are literally hundreds of different types of ultralight aircraft, which may look like anything from a small conventional airplane to a powered parachute or a kite with an engine. The accident and injury rate for hang gliders, paragliders, and other ultralights is not known precisely, but is extremely high, at least in order of magnitude greater than general aviation aircraft. Some ultralights have even been equipped with parachutes to lower them safely in an emergency. Ultralights are relatively free from rules. Medical certificates and pilot’s licenses are NOT required. However there are some rules of the road for these craft: No passengers are allowed, no flying over towns or inhabited areas, no flying at night or in clouds, no flying in controlled airspace and no commercial operations.
Religious groups join fight against National ID Internal Passport Voluntary Driver License Contracts
GOVEXEC.COM - Critics of federal legislation to establish nationwide identification standards are tapping into religious groups to galvanize resistance to the statute. The authors of a New Hampshire bill to make the Granite State the first to reject the so-called REAL ID Act have cited financial and constitutional concerns about its implementation. But several conservative Christian groups that have endorsed the New Hampshire proposal are largely motivated by their belief that the law is a sign of the apocalypse. According to leaders of the movement against the statute, the cause has benefited immensely from the active participation of groups that view the law as the fulfillment of a biblical prophecy. Such groups refer to scripture that predicts that humans will be numbered by marks on their foreheads and hands before the arrival of the antichrist. Katherine Albrecht, the founder of Consumers Against Supermarket Privacy Invasion and Numbering, has lobbied extensively on behalf of the New Hampshire bill. She said religious groups have been valuable because they are highly mobile and well-organized. Ervin (Butch) Paugh, a preacher and radio host in West Virginia who is running for governor on the Constitutionalist Party ticket, has been urging lawmakers in his state to follow New Hampshire's lead. Joe Cicchirillo, a commissioner at West Virginia's Department of Motor Vehicles, said he was impressed by Paugh's knowledge of the issue when he met with him this month. "These guys are really well-informed," Cicchirillo said. "They were well-versed in the details of the New Hampshire situation, and they defend their arguments well."
Albrecht, who is organizing a rally against REAL ID in New Hampshire later this week, said she had hoped Irvin Baxter, the publisher of the religious magazine Endtime, would be able to attend. Baxter said in a telephone interview that he could not make it but that he is closely following the progress of the New Hampshire proposal. According to Baxter, who also maintains the Web site NoNationalID.com, lawmakers have been forced to adopt policies to monitor individuals within the United States because they have failed to implement an effective border-security strategy. He said the construction of a high-tech fence, much like the one separating Israel from the West Bank, would negate the need for national IDs.
Federal immigration proposals that would expand a voluntary employment-verification database have complicated the debate, he said. "There has to be another way to enforce security outside of our borders," Baxter said. "But our political leaders have bought into this whole idea of globalization, and this is leading us to a 'mark of the beast' system -- so this all ties together." Baxter said he is particularly disappointed in President Bush, who he had hoped would be more sympathetic to Christian concerns about national IDs. "I am stunned," Baxter said. "He either skipped over that part of the Bible, or he completely misunderstood it." [Note that George Bush Jr wears a minora in Israel and reads the Babylonian "Jewish" Talmud not the Christian Bible, and worships the Jewish child-sacrifice god Molech at Bohemian Grove. The Talmud requires the beheading of all Christians for blasphemy, and the Jewish Kol Nidre prayor requires all Jews to perp perjury and to defraud all Christians on contracts. "Major George Bush" was a Jew during the US Revolutionary War.]
Render Unto Caesar - And you know what They did to him... Vietnam vet Pastor Butch preaches against the evils of worshipping Uncle Scam. 3-part series
W.Va. offers licenses for those who fear 'mark of beast'
While some people don't trust the security of computer databases, for one small religious group in West Virginia they are nothing less than a "mark of the beast" -- indicating the arrival of the Antichrist. To address those concerns, West Virginia has started keeping driver's license photos for members of the group out of the State Division of Motor Vehicles' database.
One of the group's members made headlines in 1999 when he was fired as a schoolteacher for refusing to require his students to wear bar-coded identification badges. He was later reinstated after a circuit judge said the school board had made no attempt to accommodate his religious beliefs. Hudok and his group have said bar codes and digital storage of photos are a way of numbering people, which they liken to a warning in the Bible's book of Revelation about a "mark of the beast."
Australia: Communist Supreme Court Denies All Citizens the Right to Drive
An Australian woman jailed for nine months over her refusal to obtain a driver's license lost an appeal today before the Supreme Court of New South Wales. Losalina Rainima, member of the group United People Movement Against Road Taxes (UPMART), believes that government can no more decide who should be allowed to enjoy the freedom of movement than it can decide who can breathe or whether a kangaroo can hop. Both driver and vehicle licensing conflict with this fundamental right, Rainima argued in the charges she lodged against the state attorney general and the police officers who arrested her for driving without a license on March 3, 2007. Rainima has been behind bars since December 15, 2007. "It seems that the group holds strong views about the legitimacy of aspects of this state's traffic legislation," Justice Peter Hidden observed. "The strength of her belief has cost her dearly.... The arguments which the plaintiff advanced are entirely without substance and were doomed to fail." Justice Hidden said that because he believed Rainima's arguments did not present a credible challenge to the licensing law, that law must be obeyed. An UPMART attorney arguing on Rainima's behalf did not believe that the state had proved its case. "Does the state have original jurisdiction to turn an inalienable right into a privilege?" the attorney asked. "The prosecution and the attorney general have failed to prove that the state is with authority and jurisdiction to deny her inalienable right." Justice Hidden went ahead and denied Rainima's inalienable right to drive until the year 2023, but he did offer to release Rainima from jail on Sunday since she had served the full nine-month sentence imposed by a lower court. Rainima had refused the conditions imposed for early release on bail. "I have wronged no man or woman," Rainima wrote in a rambling court pleading. "I have …not wronged almighty God. I have a clear conscience. God has given me a right that is given to me, it's within me. … I have a right of passage. I have a right of movement. All living things are given graces; the birds fly, the fish swim, the kangaroo hops, and I've been given the graces to drive." Rainima v Magistrate Freund, New South Wales, Australia Supreme Court, 9/12/2008
Gun Control - Implementation of the Brady Handgun Violence Prevention Act - "For instance, regarding criminal history disqualifiers, some jurisdictions made denials only if the
records showed a felony conviction or pending indictment, but other jurisdictions also denied on the basis of outstanding misdemeanor warrants, including warrants for unpaid traffic tickets. GAO found that all of the denials were for unpaid
parking tickets and other traffic offenses. According to a Bossier Parish Sheriff’s spokesperson, the misdemeanor offenses for which these warrants were issued ranged from disturbing the peace to traffic tickets. The Department spokesperson told us that there is no state or local law prohibiting persons from purchasing a handgun if they have been found guilty of a misdemeanor offense."
—General Accounting Office of US Congress, (never mind that John Hinkley Jr was a CIA family friend of Sir George Bush Sr Knight of the British Empire, who was arrested for shooting President Ronald Reagan and Jim Brady), January 25, 1996
Tennessee judge sentenced to prison for extortion in traffic court - FBI document says Austin engineered driving school for slice of profits. Austin’s attorney, Gregory P. Isaacs, in seeking a reduced sentence argues the judge had a breakdown. “In early 2005, while Mr. Austin and his second wife were in marital counseling, she admitted her year-long involvement in an extramarital lesbian relationship,” Isaacs wrote in his court filing. “Mr. Austin was quite distraught, sought medical help for depression and was prescribed anti-depressants. Additionally, he began drinking heavily despite earlier struggles with alcohol. All of the charges that are included in this indictment occurred after this difficult and tumultuous period in Mr. Austin’s personal life.” “He is corrupt to his core,” [U.S. Attorney Charles] Atchley wrote in his brief of Austin. “This case represents an almost incomprehensible breach of the public trust,” Atchley wrote in the brief. Austin was caught on video receiving cash from a victim who wore a wire after going to the FBI and reporting Austin’s “stress-induced” behavior. The judge certainly doesn’t sound like a man tortured by his actions when he brags to the victim about the kickbacks as well as a sexual harassment case he sat on: “I’ve pulled every fucking thing in the book,” he was recorded saying. “I’ve granted girls divorces in the morning and fucked them that afternoon.” PDF Indictment
Federal Court Upholds Speeding Ticket Extortion Sentence - A three-judge panel of the Fifth U.S. Circuit Court of Appeals on Thursday upheld the conviction of a Texas police commissioner caught extorting money from motorists. Sam Jimmie Mann, 64, was the top police official in the city of Kendleton between 1996 and 2000. Hundreds of travelers found themselves victimized as they passed through the small town of 600 residents on U.S. Highway 59 while making their way toward Houston. "Like many municipalities, Kendleton derived substantial revenue from issuing traffic tickets," Judge Edith Clement Brown wrote for the court. Mann ordered Kendleton police officers to collect as much of the citation fines as possible from motorists in cash so that he could pocket the money. Mann's scheme unraveled as Kendleton began collecting so much money from drivers that it fell afoul of the state's speed trap statute the prohibited cities from earning more than thirty percent of their budget from traffic tickets. A Texas state police investigation on May 8, 2000 uncovered "a big anomaly" when comparing the list of the city's citation recipients with the police department's bank deposit records. Specifically, they noticed only payments made by check or money orders were actually deposited in the account. Police officers received their salaries directly out of this account. Mann maintained several personal bank accounts with funding amounts that far exceeded his salary. Mann also applied for federal grants to hire thirteen more police officers through the Department of Justice "Community Oriented Policing Services" program. His application was approved and Mann's department received $318,171 for the hiring of new, entry-level police officers. Mann filed a report with DOJ describing existing officers as "new hires." He then used the money to increase their salaries. A jury found Mann guilty in 2003 and he was sentenced to five years and three months in prison and ordered to pay $390,931 in restitution. Although the circuit court threw out a number of convictions based upon Mann's interference with interstate commerce, Mann's punishment remains the same as the court upheld his sentencing based on the remaining charges. A full copy of Thursday's decision is available in a 100k PDF file.
Traffic court clerks arrested for extorting bribes to fix tickets - A federal grand jury has charged two men with fixing traffic tickets in exchange for cash at Orleans Parish Traffic Court over the last five years. David "Doc" Williams, 48, a longtime clerk in Section B of Traffic Court, and Alfred Miller, 55, a 25-year employee of the Regional Transit Authority, hatched out the bribery scheme by tapping into the state's computer database to "dismiss" violations after accepting cash from friends and colleagues, according to the indictment filed at U.S. District Court. Williams and Miller each face up to five years in prison if convicted of conspiracy to commit computer fraud. U.S. Attorney Jim Letten's office and the FBI investigated the men after receiving complaints from the watchdog-style nonprofit Metropolitan Crime Commission. Williams used his position as a court clerk to access the Louisiana Driver Management Database, federal prosecutors said, while Miller was the front man who brought in the cash bribes. They split the cash, including a $300 payoff for fixing violations for speeding and no proof of insurance on Feb. 5, the indictment said.
TN mayor loves illegal aliens for speeding tickets, not deportation - Tennessee pol targeted soldiers in ticket blitz. Coopertown Mayor's City Hall Of Shame. A Tennessee mayor spewed racial slurs, attempted to set up foes for arrest, and tried to boost his town's traffic ticket revenue by
specifically profiling soldiers and Hispanics, according to a lawsuit seeking the politician's ouster from office. In a complaint filed yesterday in Robertson County Chancery Court, the State of Tennessee portrays Coopertown Mayor Danny Crosby as a boorish nutcase who has soiled the reputation of the 3176-resident city, which is located about 25 miles north of Nashville. The state lawsuit, an excerpt of which you'll find below, includes an array of shocking charges,
including the claim that, after swearing in a new police officer on Martin Luther King, Jr. Day, the mayor congratulated the cop by saying, "Happy James Earl Ray Day." Crosby, pictured above, also allegedly sought to boost his city's revenue by setting up speed traps and directing police to "engage in profiling soldiers of the United States Armed Services" since he believed that enlisted persons "would tend to mail in their fines rather to come to Court to
contest the Citations." Crosby also thought Hispanics, who were "mostly illegal anyway," would also avoid court, the complaint charges. As such, Crosby encouraged giving multiple citations to Hispanics, remarking, "We can give them all the tickets we want." Crosby was elected mayor in November 2004. Download Complaint for Order of Suspension from Office and Writ of Ouster.
Grandmother WINS in traffic court, sentenced to 10 days in jail - Nazi Police State Gestapo sucks $25,000 legal fees for WINNING traffic ticket in Communist Gulag USSA. Court Costs are SUPPOSED to be paid by loser Gangsta Govt, but incompetent illiterate corrupt trial lawyer didn't read DealsGapDragon.com nor CIVIL Rules of Procedure
Bankston v. State, 908 S.W.2d 194, 196-97 (Tenn. 1995) - TN Supreme Court DUI case orders that city courts in TN only handle civil cases, since city judges are not properly elected as required by TN Constitution (8-year term required), can be fired by city council (thus are not part of the judicial branch) and/or city judges are not required to be "licensed lawyers". Bankston closed down 99% of all city jails in TN. 99% of city judges in TN cannot sentence anyone to jail, nor can they handle arrest cases. Exception is Metro Govt and if Home Rule with concurrent jurisdiction granted in special bill by TN legislature (Knoxville, Maryville and Alcoa city courts handle only civil cases). I argue in my pro se cases that Knoxville city court uses secret Local Rules of Court, with fraudulent conealment that city court can only handle civil cases. Yet Judge Rossen illegally requires all defendants plead guilty or not guilty, which is impossible in civil trials. Rossen called this scam "quasi rules of criminal procedure" in my case, but there is no such published rules. It took me 2.5 years to figure out that scam on appeal to Knox Co Circuit Court, on a parking ticket for a $30,000 parking ticket on my own private property. Judge Rosenbalm told me on the record in court, "You can't use the US Constitution in MY courtroom! You might be able to over there in federal court, but not here!" I won that trial using TRCP and TREvid. So if TN judges are immune to arrest for violation of TN Code outlawing Unauthorized Practice of Law (UPL), and are allowed to practice law commercially without a license in TN traffic courts, how can non-commercial "drivers" be arrested for traveling without a license?
City of White House v. Whitley, 979 S.W.2d 262, 268 (Tenn. 1998) - TN Supreme Court case orders that city courts in TN only handle civil cases, since city judges are not properly elected as required by TN Constitution, and/or city judges are not required to be "licensed lawyers". Exception is Metro Govt and if Home Rule with concurrent jurisdiction granted in special bill by TN legislature (not applicable to Knoxville)
Town of South Carthage v. Barrett, 840 S.W.2d 895 (Tenn. 1992) - TN Supreme Court case orders that city courts in TN only handle civil cases, since city judges are not properly elected as required by TN Constitution, and/or city judges are not required to be "licensed lawyers". Exception is Metro Govt and if Home Rule with concurrent jurisdiction granted in special bill by TN legislature (not applicable to Knoxville)
Tennessee Attorney General Opinion No. 07-07 - TN city court judges are officially called "de facto judges", but they are not judges, they are merely employees of the city law depts as part of the executive branch, since they can be hired and fired at will, and cannot decide criminal cases. However, when a defendant fails to timely object, the de facto civil court orders are binding. Just like Knox County Municipal Corporation's fired de facto govt and fired de facto sheriff.
Don R. Moses vs. City of Jellico - The issue in this case is whether the Tennessee General Assembly may delegate to a municipality its constitutional authority to vest judicial power in a court by establishing and ordaining a court. After review, we affirm the trial court’s ruling that the Jellico City Court was not validly created by Chapter 167 of the Private Acts of 2002 and the subsequent Jellico city ordinance because it resulted from an impermissible delegation of the Tennessee General Assembly's constitutional authority to establish and ordain a court.
Moses v Jellico disbands city court - The state Court of Appeals has disbanded Jellico City Court in a ruling that arose from a lawsuit between City Judge Don Moses and city officials over his salary. In a written ruling handed down Monday, Special Judge Sharon G. Lee ruled the Legislature doesn't have the authority to delegate to municipalities its constitutional authority to establish courts. In 2002, the Legislature passed a law that allowed the city mayor and aldermen to create a city judgeship. In 2006, Moses was elected to the post but a dispute soon arose over "what kinds of cases the City Court should hear and what the salary of the City Judge should be," according to the appellate opinion. Moses sued, and the city filed a counterclaim in which it argued the Legislature had overstepped its bounds by enabling the creation of the court. "This power (to create courts) involves fundamental principles of our system of government, including the separation of powers doctrine," Lee opined. Although the city court wasn't properly constituted, "the actions and judgements of the city judge from the time of the attempted creation of the Jellico City Court until the date of release of this opinion are valid and enforceable because the city judge was sitting as a de facto judge," the ruling stated. Judge Sharon Lee of the TN Supreme Court is first cousin of John Lee at DealsGapDragon.com.
Traffic court judges lack license to practice law - Most judges in USA are pro se and have never attended nor graduated from law college according to New York Times. So if TN judges are immune to arrest for violation of TN Code outlawing Unauthorized Practice of Law (UPL), and are allowed to practice law commercially without a license in TN traffic courts, how can non-commercial "drivers" be arrested for traveling without a license?
Knox lawyer sent to jail for lack of law license - Knoxville attorney Nathan Anderson was taken into custody today in a Sevier County courtroom after Circuit Court Judge Richard Vance charged him with contempt of court. Anderson was appearing in the courtroom to be sentenced on a perjury charge stemming from an accusation that he had practiced law without a license. Vance had Anderson taken into custody on a contempt of court charge and sentenced him to 10 days in jail. The perjury sentencing was delayed until July. Attorneys are required to take 15 hours of continuing legal education courses every year in order to remain licensed to practice. This young man's problems stem from the fact that he failed to take the required hours, let his license be revoked, continued to practice law, and then lied to the court about his eligibility.
The long history of nonjudge justices on US Supreme Court - John Marshall is widely revered as "the great Chief Justice," but before joining the Supreme Court in 1801 he had never served a day in judicial robes and lost the only case he argued at the high court. Earl Warren had worked for 18 years as a prosecutor and was three times elected governor of California. But he had no prior judicial experience. Nor did William Rehnquist, Felix Frankfurter, and Louis Brandeis. There are no set rules for qualification. Although every past justice has been a lawyer, 41 of the 109 justices had no prior judicial experience. So any non-lawyer can be a judge on SCOTUS.
Obama's pick for US Supreme Court has never been a judge - Is Elena Kagan independent? Hardly. She is a bankster operative. Kagan sat on a Goldman Sachs advisory council between 2005 and 2008. It was her job to offer “analysis and advice to Goldman Sachs and its clients.” Kagan’s role working for the “great vampire squid wrapped around the face of humanity” (as Matt Taibbi described Goldman) should not be dismissed lightly.
Are You Smarter Than A 5th Grader? - 8-Year-Old Passes Law School Entrance Test; Authorities to Investigate. The Universidade Paulista, a multi-campus private university, issued a statement acknowledging that Joao Victor Portellinha de Oliveira had passed the entrance exam and that it initially enrolled him. But he was turned away from classes when he showed up on Thursday with his father. The school said that the fifth grader has to graduate from high school before he can enter the university.
Are You Smarter Than A Lawyer? - How to Ace Your LSAT. The LSAT is a tricky test that will make your brain hurt. The test basically poses many puzzles to you that you have to solve. The more puzzles that you solve correctly, the better legal mind you supposedly have and the higher score you'll receive. Here's what kinds of questions will be on the test: Analytical Reasoning: 24 questions, 35 minutes; Logical Reasoning (Arguments): 24 to 26 questions, 35 minutes; Reading Comprehension: 26 to 28 questions, 35 minutes; Writing Sample: 1 essay, 35 minutes; Experimental (another Arguments, Games or Reading Comprehension): 35 minutes. THERE ARE NO QUESTIONS ABOUT LAW...
Are You Smarter Than A High Schooler? - Tennessee home-schoolers excel in Mock Trials. The first National High School Mock Trial ChampionshipThe National High School Mock Trial Championship is an American nationwide competition of high school mock trial teams. The competition debuted in 1984 in Des Moines, Iowa, with teams representing Illinois, Iowa, Minnesota, Nebraska and Wisconsin. In 2002, for the first time, the national title was captured by home-schoolers. Tennessee's Family Christian Academy proved it was no fluke by repeating as champions last year, the first team ever to win two consecutive titles. This year's competition in Orlando, Florida will also include a formidable home school contingent.
Tennessee home school team wins mock trial again - Chattanooga’s Family Christian Academy won this year’s State High School Mock Trial Competition, sponsored by the Tennessee Bar Association’s Young Lawyers Division. Chattanooga attorney Jeff Atherton is the team’s coach. It was the second trip to
Nashville for the championship for the home school organization — they won it last year too. They’re now on their way to the national championship in New Orleans, a trip they made last year when they competed in St. Paul, Minn., and took home Tennessee’s first-ever national mock trial title. The final match-up was presided over by Tennessee Supreme Court Justice Janice Holder.
Spanking in Judge Bendover's chambers - Herman Thomas resigned his circuit judgeship in 2007 after being accused of having defendants pull down their underwear for paddlings in his private courthouse office. A Mobile County grand jury indicted him in the spring on charges accusing him of having sex with inmates brought to a private courthouse office. The charges of sodomy, kidnapping, sex abuse, extortion and assault involve 15 current and former inmates at the jail in Mobile.
Verdict Coming For "Penis Pump" Judge - Closing arguments are scheduled today in the trial of the former Oklahoma judge charged with indecent exposure for using a penis pump (among other really gross acts) while on the bench. Donald Thompson, 59, is facing felony counts for his alleged lewd behavior while a Creek County District Court jurist (Thompson resigned from the bench in 2004). According to a yucky probable cause affidavit, a copy of which you'll find below, Thompson exposed himself during three separate 2003 cases (two of which were murder trials). Thompson loudly pumped himself up. Two court employees told investigators that they saw Thompson (pictured in the mug shot at right) attach the suction device to his penis, while five jurors reported hearing whooshing sounds, which they thought were coming from either a bicycle pump, blood pressure cuff, or an air cushion on the judge's chair. Judge Thompson could face a maximum of 10 years in prison on each charge.
$50 DVD-R DATA in-car video requires special player installed on computer (included with DVD-ROM "video"), or MPEG-4 codec to convert to regular DVD or VHS tape
Purchase DVD-R or VHS tapes (depending on which car has which system installed) from BCSD Records Dept - $50 COST IS REPAID TO YOU (ALONG WITH ALL YOUR OTHER EXPENSES, LOST WAGES, GAS MILAGE, $5/PAGE CERTIFIED COPIES, ATTORNEY FEES, UPON WINNING YOUR CIVIL CASE BY SUBMITTING YOUR "BILL OF COSTS" TO JUDGE AS SANCTION FOR THIS FRIVOLOUS CIVIL LAWSUIT (BUT YOU MUST BE PRO SE TO WIN SINCE LAWYERS ARE NEVER MOTIVATED TO WIN THESE CASES UNLESS IT'S THEIR BUTT ON THE LINE OR IF A DEFENDANT PAYS THEM AT LEAST $10,000 IN ADVANCE PLUS APPEALS COSTS) - Be sure to get an invoice for DVD from BCSD so the employees can't steal that money
DVD-R DATA includes cop car speed and when emergency lights turn on - IT IS A CRIMINAL MISDEMEANOR SUBJECT TO ARREST FOR ANY COP TO EXCEED A SPEED LIMIT OR VIOLATE ANY OTHER STATUTE WITHOUT FIRST TURNING ON BOTH EMERGENCY LIGHTS AND SIREN PER TCA §55-8-108
Porn star with heart of gold sets world record for getting cop fired
KNOXVILLE'S BARBIE CUMMINGS GAVE TENNESSEE HIGHWAY PATROL A BLOWJOB BUT STILL GOT 3 TRAFFIC TICKETS - We need an army of patriotic porn stars, strippers and prostitutes to sexually attack all traffic cops and get them fired. Only then will Americans return to their Constitutionally guaranteed God-given Natural right to travel by motor vehicle without a Communist internal passport driver license contract extorted at gunpoint by police state death squad
The County Sheriff: America's Last Hope
- Sheriff Mack's newest book covers decades of research to prove once and for all that the sheriffs in this country are indeed the ultimate law authority in their respective jurisdictions. The sheriff absolutely has the power and responsiblity to defend his citizens against all enemies, including those from our own Federal Government.
The County Sheriff: America's Last Hope - Sheriff Mack's newest book reports that sheriffs must not obey illegal orders from judges or politicians, and must only obey the constitutions and The People.
Sheriff Richard Mack - Oathkeepers rally at Lexington and Concord, birthplace of the American Revolutionary War
Mazda Miata versus Dragon versus cop - DealsGapDragon.com threatened with arrest for shooting cop on videotape. What's the law on Freedom of the Press? Cop can be arrested for parking in the road without emergency lights turned on, with 12 months statute of limitations.
TN Code 55-8-104. Obedience to police officers.
(a) No person shall willfully fail or refuse to comply with any lawful order or direction of any police officer invested by law with authority to direct, control or regulate traffic.
(b) A violation of this section is a Class C misdemeanor.
TN Code 55-8-108. Authorized emergency vehicles.
(c) (1) The exemptions granted under subsection (b) to a driver of an authorized emergency vehicle shall only apply when the vehicle is making use of audible and visual signals meeting the requirements of the applicable laws of this state, except that while parked or standing, an authorized emergency vehicle shall only be required to make use of visual signals meeting the requirements of the applicable laws of this state.
British cops seize camera from Motor Cycle News - The officers had been waiting in a lay-by on the A5 secretly watching thousands of riders heading to our meeting in Betws-y-Coed, a protest rally over North Wales Police's heavy-handed treatment of law-abiding motorcyclists. A marked patrol car was positioned further along the same route. When questioned by MCN, the covert officers first claimed to be “monitoring traffic”. But when MCN produced a camera they said they were armed response officers and threatened to seize the camera if pictures were taken. Asked under what powers the camera would be taken, an officer couldn’t answer and instead simply repeated his threat – so our man began recording the exchange. The officer then said the side of the car could be photographed. But when our man quickly fired off a snap the officer snatched the camera, claiming he could be endangered. We organised our Reclaim North Wales rally after the force admitted stopping around 400 motorcyclists every summer weekend, including 350 who have committed no offence. It became the UK's biggest protest by motorcyclists in over 20 years.
Stringers: L.A. on Court TV - Reality TV sanscript takes you inside the intense, unrelenting world of freelance video journalists as they risk everything to get the perfect shot without becoming a casualty of their own stories. Ride along with these adrenaline junkies as they race to get the most unbelievable action caught on tape and outmaneuver their equally driven competitors. $10,000 videocams, CHP Web on wireless laptop, multiple scanners, dodging bullets while crashing Hollywood patrol cars with yellow strobe lights in high speed chases of high speed chases. Police state death squads on snuff video in traffic stops. Note who polices and news media lie about driver trying to run over cops while parked as proven on video. Cops arrest freelance Press who don't follow advice from DealsGapDragon.com.
Cop turns off camera before beating up female - A woman brought in on suspected DUI is cuffed then beaten. A camera is on during the beginning of the incident, but then turned off. When it is turned back on, the woman is lying on the floor in a pool of blood. Somehow a police spokesperson characterizing it as standard procedure, insisting the woman ‘hurt herself’ while resisting.
Tennessee deputy arrests Humvee driver for cellphone camera: The "unlawful photographs" -- revealed! - Scott Conover, the man arrested for "unlawful photography" because he took a picture of a police officer on a public road, has his court date today in Johnson County General Sessions Court. Deputy Starling McCloud, left, handcuffs Scott Conover, right, while Deputy Ben May, center, looks on. Photo taken with Conover's iPhone by Conover's 12-year-old daughter, who was then herself threatened with false arrest for this instance of "unlawful photography." Now, obviously, I don't know for sure who's telling the truth -- but since it's already known that Officer McCloud has made at least one false statement under oath (i.e., claiming that Conover's iPhone pointed a red light at him, causing him to fear for his life -- something that iPhones cannot do), I daresay he doesn't have too much credibility. Whatever your position on those issues, the fact remains that, under any possible interpretation of the facts (as recalled not just by Conover, but by the officers themselves in their statements), it can never, ever, ever be acceptable for a police officer to "threaten to arrest [a citizen] if he [does] not delete [a] photo" -- which the officers admit occurred. Such a demand is never justifiable, because, again: "If Officer McCloud honestly thought, due to legal ignorance or heat-of-the-moment misjudgment or what have you, that the photo was either contraband (i.e., illegal in itself) or evidence of a crime, then deleting it would constitute destruction of evidence. And if the photo was neither contraband nor evidence, then by definition, the police obviously had no right to seize it or otherwise make any demands about it. So, no matter how you frame the issue, McCloud can't win." Even if you don't buy Conover's explanation of his actions -- and, personally, I do, but even if you don't -- Conover still didn't commit a crime by taking that picture, and McCloud did commit a crime by threatening to arrest him if he didn't delete it. Ah, "disorderly conduct." That, I suspect, is the charge they will try to stick Conover with today, given the transparently bogus nature of the other charges ("unlawful photography" and "pointing of laser at law enforcement officer"). And, as Miller notes, "disorderly conduct is a charge that police use when they can’t think of an actual crime committed." But let's be clear about something. Annoying a police officer is not "disorderly conduct." Being insubordinate to a police officer -- who is making demands that he has no right to make -- is not "disorderly conduct." Being rude to a police officer is not "disorderly conduct." Even cursing at a police officer is not "disorderly conduct," unless I missed the memo where the First Amendment was repealed. What should happen is this: Conover should be released with the county's apologies. McCloud should be arrested and charged with false imprisonment, false arrest, perjury, violations of two citizens' civil rights (Conover's and his daughter's), and any other crimes he may have committed (I suspect there are several others I'm not thinking of). He should be fired immediately. And the Johnson County Sheriff's Office should apologize to the entire public -- their employer -- for this egregious abuse of power, and should institute new policies and training programs to ensure that a similar outrage never happens again.
NOT TN: 12 states have unconstitutional wiretap law banning secret recording of police in public - Simon Glik, a lawyer, was walking down Tremont Street in Boston when he saw three police officers struggling to extract a plastic bag from a teenager’s mouth. Thinking their force seemed excessive for a drug arrest, Glik pulled out his cellphone and began recording. Within minutes, Glik said, he was in handcuffs. “One of the officers asked me whether my phone had audio recording capabilities,’’ Glik, 33, said recently of the incident, which took place in October 2007. Glik acknowledged that it did, and then, he said, “my phone was seized, and I was arrested.’’ The charge? Illegal electronic surveillance. “The police apparently do not want witnesses to what they do in public,’’ said Sarah Wunsch, a staff attorney with the American Civil Liberties Union of Massachusetts, who helped to get the criminal charges against Surmacz dismissed. In 1968, Massachusetts became a “two-party’’ consent state, one of 12 currently in the country. Two-party consent means that all parties to a conversation must agree to be recorded on a telephone or other audio device; otherwise, the recording of conversation is illegal. In arresting people such as Glik and Surmacz, police are saying that they have not consented to being recorded, that their privacy rights have therefore been violated, and that the citizen action was criminal. “The statute has been misconstrued by Boston police,’’ said June Jensen, the lawyer who represented Glik and succeeded in getting his charges dismissed. The law, she said, does not prohibit public recording of anyone. “You could go to the Boston Common and snap pictures and record if you want; you can do that.’ Michael Hyde, a 31-year-old musician, began secretly recording police after he was stopped in Abington in late 1998 and the encounter turned testy. He then used the recording as the basis for a harassment complaint. The police, in turn, charged Hyde with illegal wiretapping. Focusing on the secret nature of the recording, the Massachusettes Supreme Judicial Court upheld the conviction in 2001. NOTE TO LAWYERS AND DEFENDANTS: ALL SO-CALLED "LAWS" AGAINST RECORDING COPS ARE UNCONSTITUTIONAL UNDER EQUAL PROTECTION DOCTRINE, SINCE ALL COPS SECRETLY RECORD CITIZENS IN ALL TRAFFIC STOPS.
Photographers Rights versus the police -
Permissible Subjects: Despite misconceptions to the contrary, the following subjects can almost always be photographed lawfully from public places: accident and fire scenes, bridges and other infrastructure, residential and commercial buildings, industrial facilities and public utilities, transportation facilities (e.g., airports), criminal activities,
law enforcement officers. You are under no obligation to explain the purpose of your photography nor do you have to disclose your identity except in states that require it upon request by a law enforcement officer. If the conduct goes beyond mere
questioning, all states have laws that make coercion and harassment criminal offenses. The specific elements vary among the states but in general it is unlawful for anyone to instill a fear that they may injure you, damage or take your property, or falsely accuse you of a crime just because you are taking photographs. Private parties have very limited rights to detain you against your will and may be subject to criminal and civil charges should they attempt to do so. Failure to abide by
these requirements usually means that the person is liable for a tort such as false imprisonment. If someone has threatened, intimidated, or detained you because you were taking photographs, they may be liable for crimes such as kidnapping,
coercion, and theft. In such cases, you should report them to the police. You may also have civil remedies against such persons and their employers. The torts for which you may be entitled to compensation include assault, conversion, false
imprisonment, and violation of your constitutional rights. By Bert P. Krages, attorney at law, author of Legal
Handbook for Photographers
Tennessee cops arrest cellphone photographer - It’s convenient when you want to take that impromptu photo, but a Tri-Cities area man ended up behind bars after snapping a shot of a Johnson County sheriff’s deputy during a traffic stop. The cell phone photographer says the arrest was intimidation, but the deputy says he feared for his life. “Here’s a guy who takes me out of the car and arrests me in front of my kids. For what? To take a picture of a police officer?” said Scott Conover. A Johnson County sheriff’s deputy arrested Scott Conover for unlawful photography. “He says you took a picture of me. It’s illegal to take a picture of a law enforcement officer,” said Conover. Conover took a picture of a sheriff’s deputy on the side of the road on a traffic stop. Conover was stunned by the charge. “This is a public highway,” said Conover. And it was not a place where there is a reasonable expectation of privacy as Tennessee code states. The deputy also asked Conover to delete the picture three times. “He said if you don’t give it to me, you’re going to jail,” said Conover. He expects these charges to be dismissed. “This guy maliciously arrested me, charging me with phony charges that he don’t even understand himself,” Conover said. The American Civil Liberties Union would not comment on Conover’s case without fully reviewing the allegations, but told us there is no law that prohibits anyone from taking photographs in public areas, even of police. Taking photos is protected by the First Amendment. Affidavit of complaint - Statement 1 - Statement 2
Tail Of The Dragon ticketed for shooting cops perping crimes on the Dragon using new unconstitutional state statute TCA 55-9-105 to ban all videocams in vehicles - Note the BCSO deputy impersonating a police officer blocking a federal highway in blind curves while profiting from traffic ticket rackets and organized crime in federal jurisdiction - Saturday 25 August 2007
THP AT THE TAIL OF THE DRAGON - DEALS GAP - TAIL OF THE DRAGON ticketed for the crime of shooting cops with a video camera (TCA 55-9-105). LEO Count August 25, 2007. 7 Tennessee Highway Patrol (THP) and 4 Blount County Sheriff's (BCSO) on 11 mile section of road that borders Great Smoky Mountain National Park. See lawless Johnson as he is cited for holding his video camera. Tennessee Taxpayer dollars at work. NOTICE HOW POLICE STATE DEATH SQUADS ILLEGALLY MAKE TRAFFIC STOPS IN THE MIDDLE OF A BUSY HIGHWAY IN BLIND CURVES WITHOUT PARKING OFF THE ROADWAY. PARKING IN THE MIDDLE OF A HIGHWAY REQUIRES THAT SIRENS ARE TURNED ON PER TENNESSEE CODE 55-8-108, THUS COPS CAN BE ARRESTED FOR CLASS C CRIMINAL MISDEMEANOR WITH 30 DAYS IN JAIL. UPDATE: CASE DISMISSED
Police Evidence Video Stung by the Dragon - THP "drag racing sting" on US 129 at Deals Gap. Anyone who doesn't fight these tickets is directly funding this corruption. If you need advice or representation, call attorney Chris Oldham in Knoxville at 865-934-0753. Oldham has won perjury orders for arrest of THP troopers in Blount County courts, for testilying about RADAR speeds when RADAR wasn't even turned on. You also have the right to request all evidence that will be used against you to prepare your court case, so do it! Maybe we'll see another spectacular piece of cinema like the last time. Videotape cuts both ways... It should be noted that everyone got charged with "Drag Racing", a VERY powerful ticket in TN, but as far as I know no one was convicted of it. They either took the plea bargain of Careless/Reckless, or fought it and got the charges reduced to simple speeding, or thrown out completely. Noah Hendrix is the one on the yellow Honda they magically predict "is going to pass, so pull him over." He never passed anyone, and atty. Chris Oldham got the case thrown out. Evidence Summary -- Evidence Analysis: Note that cars crossed the centerline 35% of the time, but sportbikes crossed the centerline only 25%, but only bikes were ticketed. Tractor trucks cross centerline 100% blocking both lanes in every corner
Do police have the right to confiscate your camera to destroy evidence of police crimes? - Seconds after BART police officer Johannes Mehserle shot and killed Oscar Grant, police immediately began confiscating cell phones containing videos that have yet to see the light of day. In fact, the only videos that have been seen by the public were filmed by people who managed to leave the scene before police confronted them. In one instance, police chased after Karina Vargas after she stepped on the train, banging on the window after the doors closed and demanding her to turn over the camera. The train sped away with Vargas still holding her camera. Her video, which did not show the actual shooting but captured the turmoil before and after, was one of the first to pop up on the internet. And soon after more videos popped up showing the actual shooting. In the most vivid video, the train doors can be seen closing seconds after the shooting as the train speeds away. “Cops may be entitled to ask for people’s names and addresses and may even go as far as subpoenaing the video tape, but as far as confiscating the camera on the spot, no,” said Marc Randazza, A First Amendment attorney based out of Florida and a Photography is Not a Crime reader.
Bert P. Krages II, the Oregon attorney who drafted the widely distributed The Photographer’s Rights guide, responded to my inquiry with the following e-mail message: “In general, police cannot confiscate cameras or media without some sort of court order. One exception is when a camera is actually being used in the commission of crime (e.g., child pornography, counterfeiting, upskirting).” It didn’t appear that the BART videos were being used in a commission of a crime, so what could people have done to prevent police from illegally confiscating their cameras? “Probably not a whole lot,” said Randazza. “You don’t want to get into a situation where you are refusing to comply with law enforcement, especially when that law enforcement officer just shot and killed somebody. No camera is worth losing your life over.”
Reporter arrested while Katie Couric won journalism award - Black Widow Katie Couric, who already buried one husband, won an award for "excellism in journalism" for asking Sarah Palin softball questions. The award was from Walter Cronkite, the voice of Owl of Bohemia at Satanic Jewish Bohemian Grove nudist compound for snuff kiddie porn. During the event, filmmaker John Ziegler was arrested for standing outside asking questions of journalists, but without the journalists.
Man Detained As Terror Suspect For Photographing Police Car - Despite police claiming that an ambiguous section of the UK Counter Terrorism Act of 2008 would not outlaw taking photographs or film of police, a man was detained as a terror suspect this week simply for taking a photograph of a police car in order to document police misconduct. 62-year-old Malcolm Sleath, who is chairman of his local park society, saw a police car driving erratically down a North London park footpath, despite the fact that by law police are supposed to investigate on foot in such circumstances. He began filming the police car to document the misconduct so that he could later present it to the chief sergeant. Sleath was subsequently approached by the two officers in the car and was told he was being detained because he had breached Section 44 of the Terrorism Act. “(The officer) was clearly embarrassed to be photographed where he shouldn’t have been and wanted to intimidate me,” said Sleath.
Tourists Or Terrorists? Police Erase London Sightseers Photographs Citing Terrorism - Two Austrian tourists visiting London were forced to erase large portions of their holiday photographs by police officers who told the pair that they were duty bound to "prevent terrorism". Klaus Matzka and his teenage son Loris sparked concern with two London Metropolitan police officers when they were witnessed snapping pictures of Vauxhall bus and underground station. The pair were then forced to delete all pictures they had taken which had anything to do with transport, including pictures of London's iconic red double-decker buses. Matzka, a 69-year-old retired television cameraman with a taste for modern architecture, was told that photographing anything to do with transport was "strictly forbidden". The policemen also recorded the pair's details, including passport numbers and hotel addresses. Mr Matzka wrote, "During a recent visit to London I had a nasty incident, which killed interest in any further trips to this city. We were forced to delete all pictures that included any transport - even pictures of the new underground station in Vauxhall, which is a modern sculpture! These deletions were not only enforced destruction of private property, but an infringement of our privacy. I understand the need for some sensitivity in an era of terrorism, but isn't it naive to think terrorism can be prevented by terrorising tourists? I've never had these experiences anywhere, never in the world, not even in Communist countries."
Police State War Against Photojournalism - As a photographer, I am deeply concerned about restrictions placed on photographing in public places since September 11, 2008. In America, even here in the Constitution free zone of southern New Mexico, these restrictions are not fully in effect yet, not like they are in Britain. Aspects of the liberty control grid now in effect on the other side of the pond, however, will eventually make their way over here. It appears Britain is the incubator for the police state apparatus going into place. On December 3, Vernon Coaker, the Minister for Security, Counter-terrorism, Crime and Policing and in Britain, wrote the National Union of Journalists and informed it of measures that it has taken since their meeting on November 5. “The meeting was arranged after Home Secretary Jacqui Smith shocked photographers by appearing to condone increasing police restrictions, despite confirming there is no legal framework to prevent them shooting in public,” reports The British Journal of Photography. “This may be on the grounds of national security or there may be situations in which the taking of photographs may cause or lead to public order situations or inflame an already tense situation or raise security considerations. Additionally, the police may require a person to move on in order to prevent a breach of the peace or to avoid a public order situation or for the person’s own safety and welfare or for the safety and welfare of others.” For more information, see John Ozimek’s New terror guidelines on photography. Jess Hurd, a British press photographer working on a wedding story for the Guardian. Hurd “had been shooting video of guests leaving a wedding reception when she was stopped outside the Ramada Hotel in Docklands. Hurd was detained for 45 minutes under Section 44 of the Terrorism Act 2000. The police suspected her of being involved in some type of hostile reconnaissance in an area which is close to Canary Wharf. “Police allegedly seized her camera to view the images she had taken, despite her protests that she was an accredited journalist.” In an absurd turn of events, the police told the press photographer she could not use the video footage because it is copyrighted by the police. As Democracy Now reported on July 1, 2008, so-called Terrorism Liaison Officers in Colorado — firefighters, paramedics, police, and even corporate employees — are being trained to hunt down and report a broadly defined range of “suspicious activities,” including taking photographs and video footage. New York leads the way with its MTA “If You See Something, Say Something” program that considers photography “suspicious behavior.” After the next false flag terror attack when the government and corporate media crank up the paranoia and hate and martial law is declared, how long before photographers and journalists are dealt with the same way many of them are in the third world or by the military in Iraq — with a bullet delivered to the back of the head?
Girls Gone Wild - Girls Gone Wild founder and CEO Joe Francis has been sitting in jail for over six months, not because he’s been convicted of a crime, but because he’s been refused bail. It seems certain officials in a small Florida town are intent on making some sort of example of him. Francis was sent to jail by a Panama City, Florida judge because he would not settle a civil (for money) lawsuit brought against him by a lawyer who happened to be the judge’s friend and ex-law partner. The judge found Francis in civil contempt of court for not settling the lawsuit but cited no legal basis for ordering Francis to jail in a civil matter. Francis' whole legal situation started Spring Break 2003 in Panama City when officials tried to block Girls Gone Wild and Francis from coming to their town to film. Francis responded by filing a First Amendment lawsuit against Panama City as well as the Mayor, the Sheriff, and the Chief of Police, individually. Francis was victorious in his First Amendment lawsuit forcing city officials to back down. This enraged the Panama City officials and they have pursued Francis with a vengeance ever since. In order to distract from Francis' First Amendment plight, two weeks after Francis' victory over the city officials, Panama City charged Francis with a staggering list of 71 criminal charges carrying a potential prison sentence of 335 years if Francis was convicted. Panama City officials seized Francis’ private jet and announced in a press release that a "quantity of cocaine" had been found on the plane. This claim, as well as many others made by the Sheriff’s Department, turned out to be completely false. The basis for the original criminal charges against Francis involve an incident during Spring Break 2003 in which a cameraman, not directly employed by “Girls Gone Wild”, filmed sexual situations involving two seventeen year old women who lied about their ages, claiming to be eighteen, on camera and in written releases in order to appear on “Girls Gone Wild.” Joe Francis was not present and didn’t even meet the women until after the filming. The video of the women was never released by Girls Gone Wild. Across the country, criminal defendants accused of everything from petty theft to murder are routinely released with bail. In fact, the 8th Amendment of the Constitution guarantees the right to bail. Despite the fact that Joe Francis has been declared neither a flight risk nor a danger to the community, he has been behind bars awaiting trial without bail now for over six months.
Man Tasered, Shot With Bean Bag Rounds For videotaping Warrantless Police Search - When one woman was told to stop recording, she gave the videocamera to Waterhouse. He walked to the edge of the property, climbed up a dirt embankment and continued to record. At one point, he yelled to his friend, "Yes, I got it all on film. They had no right to come on this property." He says in the suit that police immediately came after him, and yelled at him "put it down." Officers moved towards him, and he said, "Don't come after me." Waterhouse said seconds later he was shot with a bean bag gun and a Taser and fell to the ground. Police arrested Waterhouse on charges of criminal trespass and disorderly conduct, which were later dismissed in court. Now Mr Waterhouse is suing the Portland Police Department.
Out Of Control School Security Guard Assaults Camerawoman - Action 10 News were investigating reports of guards and police beating children at a school in Robstown, Corpus Christi. The film crew were not even on school property as they recorded shots of the building before a security guard walked up and forcefully shoved the camera in video journalist Brandy Dunfee's face. "If he's willing to do that to me for the world to see on camera, then what is he willing to do when no one is looking," said Dunfee. Last week, a video showing a school security guard arresting and breaking a girl's arm for dropping cake made national headlines. The last couple of months have produced an epidemic of police and security guard brutality which seems to be spiraling out of control as cops are trained that the public is their enemy.
The Police - Your Friendly Guides - Film-maker Darren Pollard was clearing up flood rubbish from his fron garden when he noticed the police harassing a youth opposite his house. Darren retrieved his camera and this is what happened next...
Felony arrest for videotaping cop during traffic stop - Brian D. Kelly didn't think he was doing anything illegal when he used his videocamera to record a Carlisle police officer during a traffic stop. Making movies is one of his hobbies, he said, and the stop was just another interesting event to film. Now he's worried about going to prison or being burdened with a criminal record. Kelly, 18, of Carlisle, was arrested on a felony wiretapping charge, with a penalty of up to 7 years in state prison. His camera and film were seized by police during the May 24 stop, he said, and he spent 26 hours in Cumberland County Prison until his mother posted her house as security for his $2,500 bail. Kelly is charged under a state law that bars the intentional interception or recording of anyone's oral conversation without their consent. The criminal case relates to the sound, not the pictures, that his camera picked up. "Obviously, ignorance of the law is no defense," District Attorney David Freed said. "But often these cases come down to questions of intent." According to police, Kelly was riding in a pickup truck that had been stopped for alleged traffic violations. Police said the officer saw Kelly had a camera in his lap, aimed at him and was concealing it with his hands. They said Kelly was arrested after he obeyed an order to turn the camera off and hand it over. Kelly said his friend was cited for speeding and because his truck's bumper was too low. He said he held the camera in plain view and turned it on when the officer yelled at his pal. After about 20 minutes, the officer cited the driver on the traffic charges and told the men they were being recorded by a camera in his cruiser, Kelly said. "He said, 'Young man, turn off your ... camera,'¤" Kelly said. "I turned it off and handed it to him. ... Six or seven more cops pulled up, and they arrested me."
Police also took film from his pockets that wasn't related to the traffic stop, he said.
Dover man charged with taping his DWI arrest - ROCHESTER, N.H. A 48-year-old Dover (New Hampshire) man has been charged with tape recording his own drunken driving arrest in Rochester early today. Police say they saw Christopher Power sitting behind the wheel of a vehicle with its motor running just before three o'clock this morning. After speaking with Power, police charged him with drunken driving, and discovered a running audio recorder on the driver's seat. In addition to drunken driving, Power was charged with wiretapping.
Taping was legal, defense attorneys in wireless video "wiretap" case say - Cumberland County District Attorney David Freed said he will review all evidence before deciding whether to prosecute an 18-year-old Carlisle man for taping a police officer during a traffic stop. But two defense attorneys versed in wiretapping cases said Brian D. Kelly shouldn't even have been charged.
The state Supreme Court has ruled that taping police in such public situations is legal, they said. Freed said the evidence he'll study will include not only police recordings of the May 24 incident, but the audio and video Kelly shot before Carlisle police arrested him on a felony wiretapping charge. "When people interact with the police, they ought to be able to record that to show a judge and a jury what happened," Camp Hill lawyer Dennis Boyle said. The key, said Simon Grill, a Reading attorney, is that police can't expect privacy while performing their public duties. "If it's a public interaction, I think the police have a tough row to hoe" to secure a wiretapping conviction, Grill said. Grill and Boyle said case law is firmly on Kelly's side. Boyle cited a 1998 state Supreme Court decision that voided a civil lawsuit filed by a York County police officer who accused his chief of violating the wiretapping law. The court ruled that Officer James Agnew Jr. had no grounds to sue Hellam Twp. Police Chief Michael Dupler for secretly using an intercom to listen to officers' conversations in the squad room. Agnew had no "justifiable expectation of privacy" in such a setting, the court found, noting that other officers could overhear what was said. The court also cited an earlier ruling that voided wiretapping charges against a corrections officer who secretly tape-recorded a state trooper interrogating him about alleged wrongdoing while another person was present. "Pennsylvania is a state that says all [recordings of conversations] require prior consent. But you have to have the expectation of privacy first," Grill said. "There's no expectation of privacy with a police officer."
DEALSGAPDRAGON.COM NOTE: THE PENNSYLVANIA COP CONSENTED TO BEING VIDEOTAPED AND AUDIOTAPED WHEN HE DECIDED TO MAKE THE TRAFFIC STOP, WHICH IS ALSO WAIVER OF SOVERIGN IMMUNITY. ALL PERSONS ARE ALLOWED TO MAKE CITIZEN'S ARRESTS OF ANY PERSON THEY EYEWITNESS PERPING A CRIME, WHICH IS WHY THIS PERSON VIDEOTAPED THE COP. ALL DEFENDANTS ARE ALLOWED COPIES OF VIDEOTAPES AND AUDIOTAPES MADE DURING TRAFFIC STOPS UNDER DISCOVERY RULES OF PROCEDURE, THIS IS MALICIOUS PROSECUTION BY THE PROSECUTOR, AND OFFICIAL OPPRESSION, FALSE ARREST, FALSE IMPRISONMENT AND OTHER CRIMES PERPED BY THE COPSTER. CONSTITUTIONAL EQUAL PROTECTION DOCTRINE UNDER 14TH AMENDMENT ALLOWS CITIZENS TO DO SOMETHING WHEN GOVT EMPLOYEES ARE ALLOWED TO DO IT WITHOUT PROSECUTION. PENNSYLVANIA SUPREME COURT ORDERED THAT COPS ARE BANNED FROM MAKING TAPE RECORDING OF DRIVERS DURING TRAFFIC STOPS BUT THAT DRIVERS CAN MAKE AUDIOTAPES OF COPS DURING TRAFFIC STOPS, BUT DID NOT ORDER FELONY CHARGES AGAINST THE COPS. TENNESSEE CODE FOR WIRETAPPING ALLOWS USE OF VIDEO AND AUDIOTAPE RECORDINGS, INCLUDING DURING TRAFFIC STOPS ACCORDING TO JES BEARD ATTORNEY AT LAW. WILL THP TROOPER MOSS BE CHARGED WITH WIRETAPPING BARBIE CUMMINGS SUCKING HIS DICK DURING A TRAFFIC STOP?
Caught on Videotape: Trial Delayed of Former California Deputy Accused of Shooting Iraq War Veteran During Traffic Stop - Former San Bernardino County sheriff's Deputy Ivory Webb Jr., 46, has pleaded not guilty to felony charges of attempted voluntary manslaughter and assault with a firearm. If convicted, he could face more than 18 years in prison. A grainy videotape taken by a bystander on Jan. 29, 2006, shows Webb shooting Air Force Senior Airman Elio Carrion, who appears to be obeying an order to get up off the ground. The video was aired repeatedly on national TV. A jury was sworn in last Wednesday after undergoing two rounds of questioning and filling out a 26-page questionnaire. Carrion, who has recovered from his wounds, is expected to testify at the trial. He has also filed a civil claim against San Bernardino County. Carrion, now 23, was a passenger in a car that crashed in Chino, about 50 miles east of Los Angeles, while being chased by Webb. Carrion testified at a preliminary hearing that he had been drinking at a barbecue to celebrate his recent return from Iraq. On the 40-second video clip, he can be heard swearing at Webb before the deputy tells him to "get up! get up!" Carrion was then shot three times in the chest, left leg and left shoulder. Webb's lawyer, Michael Schwartz, has previously suggested that his client might actually have shouted "don't get up!" He has also argued that Webb may have believed Carrion was reaching for a weapon in his jacket pocket as he stood up. Carrion was found to be unarmed.
Caught on Videotape: Court clerk perping felony violations of Grand Jury statute and Open Records Act - Kevin Earl Wood resided in Panama City, Bay County, Florida since December 1977. He is a former enlisted and military member of the U.S. Air Force and is also a former Navy federal civil service employee with a spotless record. Kevin Wood has become well known in Bay County and the Panhandle of Florida for being an advocate of fundamental civil, constitutional, and legal rights of Florida citizens, particularly in Bay County. During a subsequent trip to the courthouse, Kevin Wood brought a small, inconspicuous 8mm camcorder and set it on the counter. He captured Ms. Gilpen on the recording refusing to provide a reason for withholding that part of the record. The tape was played on the evening news by WMBB TV, Channel 13 raising the question of why the clerk’s office was withholding public records without a legitimate exemption, which is a criminal or non-criminal offense in Florida, both enforceable by the state attorney. On or about April 24, 1998 without instituting any lawful proceeding against Kevin Wood, criminal or civil in nature, Judge Glen Hess as the Administrative Judge issued an order, titled an "Administrative Order". Judge Hess barred Kevin Wood from entering the public courthouse unless escorted by a deputy sheriff and barred him from attending any public judicial proceedings unless he was a party to the proceeding, and was escorted by a deputy sheriff. Judge Hess required Kevin Wood to give a three (3) hour notice before entering the courthouse to arrange for the escort by a deputy sheriff, even if he were to go to the clerk’s office or the law library. It was noted in the order that a copy was sent to numerous other judges in the courthouse including the Chief Judge. It was also distributed to the media, which subsequently published stories related to that order.
Caught on Videotape: Former New Orleans Cop Charged in Videotaped Post-Katrina Beating Dies of Apparent Suicide - A former New Orleans police officer accused of beating a retired schoolteacher on Bourbon Street shortly after Hurricane Katrina was found dead of a gunshot wound Sunday night in an apparent suicide. The body of Lance Schilling, 30, was found at a home in suburban Metairie. He and former officer Robert Evangelist were accused of beating Robert Davis, 64, who had returned to New Orleans to check on his property in October 2005. The Jefferson Parish coroner's office performed an autopsy Monday, determining Schilling died of a gunshot wound to the roof of the mouth. The beating incident was captured on videotape by an Associated Press Television News team the night of Oct. 8, 2005. The tape shows Davis being kneed and struck at least four times on the head by two police officers. He flailed and twisted as he was dragged to the sidewalk, where he lay bleeding. Davis was booked on municipal charges of public intoxication, resisting arrest, battery on a police officer and public intimidation. All charges were later dropped. He has said he does not drink and that he was on Bourbon Street in search of a place to buy cigarettes when police grabbed him.
Franz Zibilich, who represented Schilling, said he was saddened by his client's death. He believed the suspected suicide had no connection to the pending trial, which had been set for June 29. In a related matter, charges against a third officer accused of a misdemeanor charge of simple battery against APTN producer Richard Matthews were dismissed on June 1, according to Eric Hessler, the officer's lawyer. Stuart Smith was suspended for 120 days and remains on the police force. He had been accused of roughing up Matthews at the Bourbon Street scene in October 2005 after Matthews identified himself as working for The Associated Press.
ACLU Gives St. Louis Residents Video Cameras to Monitor Police - After years of complaints of police misconduct, some residents of high-crime neighborhoods in St. Louis are being given free video cameras to help them monitor officers. The American Civil Liberties Union of Eastern Missouri launched the project Wednesday after television crews last year broadcast video of officers punching and kicking a suspect who led police on a car chase. "The idea here is to level the playing field, so it's not just your word against the police's word," said Brenda Jones, executive director of the ACLU chapter. The ACLU has given cameras and training to about 10 residents in north St. Louis, a high-crime, low-income part of the city that members said is plagued by police misconduct. The group hopes to expand the program to 50 to 100 residents. Police spokesman Richard Wilkes declined to comment when asked how the program might affect police relations with the public. "We don't have any opinions or feelings about it one way or another," Wilkes said. "Hopefully it records positive interactions between the police and the community." Former police Sgt. K.L. Williams is overseeing the training, teaching residents how to videotape officers from a safe distance without interrupting arrests or searches. "The citizens are not there to interfere with any police contacts," Williams said. ACLU spokesman Redditt Hudson said the program also will include free workshops to teach residents about their rights when approached by police. Project organizers have worked closely with police to make sure they are aware of the program's goals, Jones said. The ACLU declined to release the names of people participating in the video monitoring.
ACLU Gives St. Louis Residents Video Cameras to Monitor Police - Judge Vincent Ragosta granted the ACLU's motion for the documents pursuant to an open records lawsuit. Pointing out that it has been almost two years since the first surveillance camera was unveiled, Kolb said, "It is inconceivable that the Providence police would not have policies or guidelines in place concerning the use of the video cameras." In this same lawsuit, city officials continued to deny the ACLU access to their policies governing cameras in police cruisers even after a copy of that policy was provided to a Providence Journal reporter who then wrote a story which described the policy in detail.
ACLU Know Your Rights Pocket Card - Even the Jewish Communist ACLU supports more "civil" rights than unconstitutional police state death squads. Beware: ACLU supports the 6th Plank of the Communist Manifesto (Govt control of transportation) and not the Constitutionally guaranteed God-given Natural right to travel for US citizens, but does demand that right for half a billion illegal aliens to invade USA and violently overthrow the US Constitution. ACLU Bush Card promotes the Constitutional right to silence, but other Communist tips will promote losing in traffic court. ACLU promotes hiring expensive lawyers, or paying govt trial lawyers who are paid to lose, rather than winning for free pro se.
Top Ten (10) Things NOT to Do If You Are Arrested - PLEASE TAKE NOTE OF THIS ADVICE. A wide variety of people are arrested every day and the majority of the individuals make the same mistakes which make there situation even worse. Many of these reactions are understandable, however some defy logic and reason. Nobody plans on being arrested, but you may be arrested for simply being in the wrong place at the wrong time. Share this with your colleagues, friends and family because it will come in handy for many of you. The basic rule is to simply listen to the officer and do as your told, "Put Your Hands Behind Your Back" and do NOT do any of these Ten Things: Rule 1. Don't Talk. Do not say a word to the officer. Shut the F. up! I cannot stress to you the importance of this rule. Do not talk! Do not attempt to convince the officer of your innocence. Everyone is innocent, no one should be arrested and no one should be in jail and that is all the officer hears all day every day. He / she does not care generally whether you are innocent or guilty and there is nothing that he / she can do at this point. Most times, when people speak to officers they say something that makes their situation far worse. Keep your mouth shut, there will be plenty of time to talk later.
LEGAL MAXIM: Nobody has any legal rights if they don't know what their rights are. That's why the media mafia and "education" corporations censor legal survival info, such as how to represent yourself in court pro se without a lawyer, and WIN. Watching Judge Judy on TV will NOT teach how to win in traffic court. There is no requirement to have a driver license or motorcycle endorsement if a person is not a commercial driver "for hire", such as a truck driver or taxi driver. Everyone has a Constitutionally guaranteed God-given Natural right to travel, by whatever means required (foot, horse, buggy, car, boat, plane). Without a voluntary driver license contract, no cop or court has jurisdiction to sue a civil traffic ticket. But since 99.9% of sheeple don't know they have this right, then they have waivered that right. A "crime" can only occur when a victim has been robbed, injured or killed, AND the person refuses to pay financial compensation TO THE VICTIM (NOT paid to the govt). The Miata driver did NOT commit a "crime", but the cops (who practice law without a license) sue civil traffic tickets for alleged breach of civil driver license contract. If they use their "discretion" to make an arrest for a victimless "traffic crime", the cops are guilty of kidnapping and false imprisonment. ALL cops perp dozens if not hundreds of crimes every day, which makes it very EASY to win trials for traffic tickets, even on the Dragon - and gives you the option to arrest any cop, especially one who sues you for a ticket. The Miata video shows some valid legal defenses a defendant can use in Dragon court, among many other winning defenses, IF they make the attempt. Traffic ticket trials are the easiest of all trials to win, yet 99% of people just give up and pay the extortion racket. If everyone knew their legal rights, and if they all enforced their legal rights, then traffic courts and traffic cops would disappear, and nobody would have to pay the extortion racket for voluntary driver licenses and voluntary vehicle registration (that donates your vehicle to the govt, that leases it back to you for an annual rental fee). But that's why cops like to target tourists, since tourists rarely return to fight in traffic court, even if they know how. As for the Dragon, cops seem to only target sportbikers who put a knee down at any speed (reckless driving ticket) - but NOT cruisers and tourers who drag metal, or who "lean too much" (speeding without RADAR lock). A crash in any vehicle results in a ticket (failure to maintain lane), unless the owner does their own crash recovery before the cops get there. But the real "danger" are all the surrounding roads, where bikes and everyone else are targeted at every speed. As for my video, I was just working on a DVD project, which includes safety tips for the Dragon. It pissed me off that the cop acted like god, when I have a legal right to videotape on a public highway. And I walked 1/4 mile to get to that spot, which is my right to travel as a pedestrian. If we can reduce crashes, then cops will stay away from the Dragon. But cops don't seem to want that, if it means increasing your skill level. All things considered, the Dragon is still the best damn bike road on Earth. Unless you crash, and fall off the 600-foot cliff. And the hogs eat you, or the bears, or the mountain gators...
New York Pig Cops Out of Control, Beat Ice Man, Arrest Video Man - Cephus - a truck driver from Brooklyn - said that when he arrived at the police station following a trip to the emergency room, he saw the two men who shot the video. They said they had been busted for disorderly conduct. But earlier, they had managed to slip the tape to one of Cephus' friends.
British traffic ticket tips: "NEVER produce your driving licence at the road side. You only have to provide the officer with your name, address and occupation." US law is founded on British Common Law
American Autobahn - As seen on History Channel TV at a LEGAL 212mph on a public highway. Discussion of the Montana Autobahn in USA. Interview with Mark Rask, author of American Autobahn. Legal commentary on voluntary driver license contracts. Soundtrack includes Kraftwork's "Autobahn", DJ Visage's "Formula" (The Michael Schumacher Techno Song) and Bottle Rockets' "R.A.D.A.R. Gun". Watch monthly reruns of Modern Marvels: The Autobahn on History Channel
"Will there ever be a rural American interstate with no speed limit? The answer is abolutely yes. Or it could be absolutely no, depending on what direction we choose to take as a nation. When it comes down to the options before us. Only three possibilities remain: The first is to do nothing, maintaining a status quo that all but guarantees that 40,000 people will die this year and every year afterwards. The second is to make a true commitment to the Slow-is-Always-Safer credo by allowing safety experts and Washington bureaucrats to determine what constitutes a slow enough, 'safe' speed, and then enforcing this limit by retrofitting every vehicle on the road with mandatory speed governors. The third, and final, option is to work to minimize the accident risk of higher-speed driving and to integrate this Fast-and-Safe philosophy into our highway safety network."
—Mark Rask, AMERICAN AUTOBAHN
The Truth About Speed Cameras - British govt proves LASER guns to be a fraud. BBC South West current affairs programme 'Inside Out', January 2007: "Thousands of motorists have been prosecuted in error. Former policeman Bill Cox was convicted, but appealed, and won. So could the camera have lied? How does it get a speed reading when the vehicle isn't moving? Wow, you get a 58mph reading from a wall, that isn't moving!" British biker kicks cops ass in traffic court. "Wow... I never knew that. Bloody speed cameras are a big fat stealth tax. Everybody knows it. If there was one outside evry school etc, then fine. But on dual carriageways?? Who the fuck am I going to run over on a fast road like that?? Its all bollox." Part 2 BBC video -- BBC LASER Speed Scam webpage
Pushing the Speed Limit - BBC South West current affairs programme 'Inside Out', January 24, 2005: "Since the government introduced speed cameras back in 1991, motorists have been up in arms about the implications for their daily journeys. But now drivers are fighting back - and not always within the law. This is the Driver's Survival Handbook - a comprehensive guide on everything you need to know to evade transport law. The author, Martin Thwaite, is an ex-traffic officer with 20 years experience, so when it comes to loopholes, he's got the scoop. But he's keeping a low profile, because his book tells drivers how to evade traffic police, avoid points on your licence and even how to wriggle out of a fine if you get caught. Since the Road Traffic Act was passed in 1991, more than 5,000 cameras have been implemented along the side of our roads, some more visible than others."
Car Cloning - BBC South West current affairs programme 'Inside Out', January 24, 2005: "Have you ever been sent a parking fine from somewhere you've never been to? Or how about a speeding ticket even though your car was off the road? If so you may have become the latest victim of car cloning. Inside Out's Ashley Blake investigates this escalating crime which is proving extremely difficult to police. To buy legal registration plates for your car you need your log book, driver's licence and proof of address. Yet plates sold for show use can now be bought on the internet or over the phone and no documentation is required. With no proof needed, any registration number can be ordered meaning any car can be cloned. The car can then be used by criminals who rack up parking fines, speeding tickets and more importantly, use them to commit crimes. John Cahill became a victim of car cloning, but it wasn't a parking fine that landed on his doorstep, it was an armed police squad.
John's car had supposedly been used as a getaway vehicle in an armed robbery, making John the prime suspect. With the house surrounded by armed officers, John was eventually escorted to the police station. John was released after five hours when police confirmed his alibi." In Knoxville Tennessee, bank robbers purchase REAL vehicle license tags from co-conspirators employed at car dealerships, taken from trash cans, after removal from cars traded in.
"Option: The MAINTAIN TOP SAFE SPEED (EM-4) sign (see Figure 2I-1) may be used on highways where conditions are such that it is prudent to evacuate or traverse an area as quickly as possible. Where an existing Speed Limit (R2-1) sign is in a suitable location, the MAINTAIN TOP SAFE SPEED sign may conveniently be mounted directly over the face of the speed limit sign that it supersedes. Support: Since any speed zoning would be impractical under such emergency conditions, no minimum speed limit can be prescribed by the MAINTAIN TOP SAFE SPEED sign in numerical terms. Where traffic is supervised by a traffic control point, official instructions will usually be given verbally, and the sign will serve as an occasional reminder of the urgent need for maintaining the proper reasonably safe speed. Guidance: The sign should be installed as needed, in the same manner as other standard speed signs. Standard: If used in rural areas, the MAINTAIN TOP SAFE SPEED sign shall be mounted on the right side of the road with its lower edge not less than 1.5 m (5 ft) above the pavement, 1.8 to 3 m (6 to 10 ft) from the roadway edge. If used in urban areas, the height shall be not less than 2.1 m (7 ft), and the nearest edge of the sign shall be not less than 0.3 m (1 ft) back from the face of the curb."
-US Dept of Transportation, Federal Highway Administration, Manual on Uniform Traffic Control Devices, Chapter 2I. Emergency Management Signing, Section 2I.06 MAINTAIN TOP SAFE SPEED Sign (EM-4), 2003 Edition
How to Beat a Speed Ticket - Kicking robocop ass in San Diego, where millions of criminal aliens invade USA with immunity from arrest and deportation. Note that TeeVee "news" censors the one defense that's 100% effective in court, which is simply throwing the ticket in the trash and ignoring it. Note that TicketAssassin.com censors this winning tactic, which is probably why it was featured by the Media Mafia
Monty Python - Court Charades - The jury gets the rest of the court to guess what the verdict is. Judge on trial by the Spanish Inquisition. Proof that judges are mind-controlled by contempt of court from the royal family vie the requirement for silly wigs. Note that the chief gay judge died of AIDS - for real.
Mind Control by Derren Brown - Most people can be wrongfooted if you behave in a way that's unexpected. Once I was walking along a street when a man said threateningly: 'What are you looking at?' I answered a completely different question, saying: 'The wall outside my house is not 4ft high.' He looked dumbfounded and repeated his question. I again gave a completely irrelevant answer, saying: 'I used to live in Spain.' He was so perplexed by my failure to respond in the way he'd anticipated that he gave up and ran off. Let's see how confounding people's expectations can be used to manipulate them. Cops use this trick during traffic stops, so why can't you? It's called selling.
Pastor Rick Strawcutter preaches How Any Idiot Can Beat A RADAR Speeding Ticket - Best video for courtroom procedure, plus 2nd DVD and legal citations for "essential elements" of RADAR cases, as established by People vs Law Professor Zolton Ferency JD, 133 Mich App 526, 533-535 (Michigan Court of Appeals 1984); 351 NW2d 225 - Pastor Strawcutter: 888-820-2126. Note that Strawcutter's legal argument using Uniform Commerical Code 1-207 (Tennessee Code 47-1-207) [now TCA 47-1-308. Performance or acceptance under reservation of rights] and contract law requiring zero duress trumps the RADAR requirements in the Ferency case. Following World War II, Dr Ferency was a public defender and candidate for governor, and chairman of the Michigan Democratic Party from 1963-68. He was fired after telling President Johnson to end the Vietnam War. Michigan State Police - Speed Measurement Devices: "All radar and lidar devices used in Michigan must comply with the International Association of Chiefs of Police (IACP) standard to be certified and appear on the IACP Consumer Products List (CPL). All devices received from the manufacturer must be accompanied by a "Certificate of Compliance for use in the State of Michigan" or the device cannot be used for speed enforcement activities. The Michigan Court of Appeals in People vs. Ferency 133 MICH. APP 526 - 1984 (351 NW2nd 225) ruled that in order to avoid any violation of due process rights of a defendant in a speeding case involving "moving" radar, seven guidelines must be met in order to allow into evidence speed readings from a radar speed measurement device:
The officer operating the device has adequate training and experience in its operation.
The radar device was in proper working condition and properly installed in the patrol vehicle at the time of the issuance of the citation.
The radar device was used in an area where road conditions are such that there is a minimum possibility of distortion (spurious readings).
The input speed of the patrol vehicle was verified. This also means that the speedometer of the patrol vehicle was independently calibrated.
The speedmeter (radar) is retested at the end of the shift in the same manner that it was tested prior to the shift and that the speedmeter (radar) be serviced by the manufacturer or other professional as recommended.
The radar operator is able to establish that the target vehicle was within the operational area of the beam at the time the reading was displayed.
The particular unit has been certified for use by an agency with some demonstrable expertise in the area.
Although the Michigan Court of Appeals ruling in PEOPLE vs. FERENCY deals with the adjudication of a case involving traffic radar, the Michigan Speed Measurement Task Force is of the opinion that the ruling can be applied to cases involving laser speed measurement devices. The interim guidelines for adjudicating speeding cases involving laser speed measurement devices that have been developed by the Michigan Speed Measurement Task Force reflect this opinion:
The officer operating the laser speed measurement device must have adequate training and experience.
The particular laser device must have been certified for use in Michigan by the Michigan Speed Measurement Task Force.
The laser device must be verified in the same manner at the beginning and end of the shift to ensure that it is in proper working condition, and the device must be serviced by the manufacturer or other professional as recommended.
The officer using the laser device must be able to testify that a down-the-road speed reading was obtained at a distance that was within the operational range of the device.
The target vehicle must be properly identified.
The laser device must be in proper working condition at the time the speed measurement reading is obtained. Additionally, across-the-road laser devices must be properly positioned and aligned.
an element of a tort or esp. a crime that must be alleged in the complaint or charging instrument (as the indictment) in order to make out a prima facie case.
—Merriam-Webster's Dictionary of Law 1996
1. To abrogate or cancel a contract unilaterally or by agreement.
-Black's Law Dictionary, 7th Edition
1. A party's unilateral unmaking of a contract for a legally sufficient reason, such as the other party's material breach. Recission is generally available as a remdy or defense for a nondefaulting party and restores the parties to their precontractural positions.
-Black's Law Dictionary, 7th Edition
"The UCC takes cognizance of the fact that the term 'recission' is often used by lawyers, courts and businessmen in many different senses; for example, termination of a contract by virtue of an option to terminate in the agreement, cancellation for breach and avoidance on the grounds of infancy or fraud. 'Cancellation' refers to the putting an end to the contract by reason of a breach by the other party."
-John d. Calamari and Joseph M. Perillo, The Law of Contracts, (3rd Ed. 1987)
UCC Section 2-207: Battle of the Forms
One of the most tested sections of the UCC, Section 2-207, governs a "battle of the forms" between two business, giving rules as to whose boilerplate terms will survive a commercial transaction where multiple forms are exchanged. The first step in a "battle of the forms" analysis is determining whether the UCC or the common law governs the transaction. Once it is determined that the UCC governs, courts will usually try to find which form constitutes the offer. Usually this is a purchase order. Next, the acceptance with varying terms is examined. It is important to note whether the acceptance is expressly conditional to its own terms. If it is expressly conditional, it is a counteroffer, not an acceptance. If performance is completed after the counteroffer, with no express acceptance, then, under 2-207(3), the contract will exist of those terms on which the parties agree, together with UCC gap-fillers. Assuming that the acceptance does not expressly limit acceptance to its own terms, it counts as an acceptance, even though it contains additional or different terms. The different terms from both the offer and acceptance are commonly "knocked out" of the contract and replaced with UCC gap-fillers. The additional terms go into the contract if they pass a three-part test in 2-207(2). First, the offer must not expressly limit acceptance to the terms of the offer. Second, the terms must not materially alter the contract (see Comments to 2-207). Third, the terms in question must not have been objected to.
"AntiChrist isn't coming - AntiChrist just got off the bench. But don't get the idea that all judges are crooks and gangsters, and all lawyers are scumbags. I've got a year of law school under my belt, and I'm a certified paralegal. People ask, "How do you know what you know?" I really don't have an interest in persuing a legal career. What's the point of being barred and disbarred in the same day? I also boxed Golden Gloves, once upon a time. How do you fight back against these powers of AntiChrist? That's when I got this idea of pro se litigation. Probably everybody knows how to swim. You start out in the shallow end of the pool. That's what we're talking about here - the shallow end of the pool. When you get a ticket, that includes the fine and "court costs". Most people just pay it. But why pay it? You might as well go to court. If you lose and pay the fine, it won't cost you any more, since you were going to pay the court costs anyway. You have a right to have your day in court. You might as well go to court and get some "free" experience. If you do what I tell you - A, B, C and D, you're gonna WIN. I was undefeated for six years, plus I had one appeal and got that reversed. These judges are elitists who feel they know what's best for you - whoever you are - and what's "best" for you, is for you to LOSE. This country is in such bad shape because people have no idea what's going on. 80% of all criminal cases start with the admissions and confesions of the defendant. You take out a tape recorder and you have about a 40% chance of walking away without a ticket. Use a tape recorder no matter what situation you are in. Sometimes I use the recorder hidden under my shirt sleeve, for business situations. We're not advocating that you take this out and 'hunt bears'. Let's go back to the scene of the "crime". If you don't have an audiotape recorder, you NEED a tape recorder [holding up a $20 microcassette recorder, a/k/a, a perfect, 100% accurate "LIE DETECTOR"]. Under every circumstance, if you are living in the USA at this time, you need a tape recorder. Get one of these before you get a .38-Special [or RADAR/LASER detector/scrambler]. The law allows you to tape record your own conversations. What is said to you, and what you say, is your property, under the 4th Amendment to the US Constitution. You can use it on the sly. Most of the time, I have it turned on and out the window before the cop walks up. I just say, 'Hi, officer, how ya doin'?' The cop says, 'I need to see your driver license, registration and proof-of-insurance card.' I used to say, 'What's your 'probable cause' for stopping me?' But, quite frankly, if you have a valid driver license, you have a valid contract with the state, and you can't raise probable cause. If they ask for your license, you have to produce it. Next thing the cop's gonna do, is ask you a series of questions, designed to incriminate you. In response to EVERY question, you will answer, "I respectfully decline to answer that question." Nancy Reagan said, 'Just Say NO!' The right to Free Speech under the First Amendment to the Constitution is also the right NOT to speak. By the way, driving 92mph in a 55-zone is NOT a "crime". No one has been injured under the common law, thus no crime was committed. There are some people who worship government to such a degree, that this world system is a god to them. If you 'sin', you must pay to "absolve" the sin. Technically, you have not violated the law. CRIMINAL Law includes rape, robbery and murder. What a traffic ticket is, is a breach of contract. Your driver license is a 'voluntary' consent to a contract, where you agree to be regulated by the Motor Vehicle Code. The breach of contract is 'cured' by you paying money. In an area where the People refuse to be Sheeple, they can establish an awful lot of freedom and liberty. There are towns where a whole bunch of people don't even have license plates on their cars, or driver licenses. The courts just get constipated with people defending themselves pro se. In Arizona, the attorney general put out a directive to the state troopers: 'If a driver makes a Constitutional objection, just let 'em go. It's not worth it.' The judge will turn to the defendant and ask, 'Are you ready to proceed?' You will either say, 'Yes I am,' or you will do what I do and say, 'Your Honor, I have a procedural matter to take up with the court, before I'm ready to move forward. Your honor, I wish to challenge the jurisdiction of this court today, over this person, me, because I'm not a "licensed driver". I present my license as evidence. I've signed this "Without Prejudice UCC 1-207". Your Honor, I wish to travel on the roads and highways under my Constitutionally guaranteed right to travel. I don't wish to be in a regulated enterprise. I'm not engaged in trade, commerce or industry. I don't want a driver license. I want to travel as a constitutional right, not as a state licensed privilege. But these police over here insist, that if I don't have one of these things, that they're gonna pull me over from time to time, and hurt me if I don't have one of these little pieces of paper, and I don't want to be hurt. So, under duress and threat and coercion, I put my signature on there, but I made a specific reservation of right that I'm not a party to this contract. There may be people who willingly volunteer into this, but I'm not one of them. Therefore my signature is not valid here. It was obtained under threat and duress, and I am not a licensed driver.' Sign your driver license 'WITHOUT PREJUDICE' and/or '1-207-UCC'. You know, if the people just figured out that it's all about money - if the Sheeple stopped being sheared - there would be a whole lot more wool around. We're going to make no admissions or confessions at the scene. When I get to court, all I want to testify against me is that RADAR unit. When you get to court, the first thing you're gonna do is 'deny responsibility'. It's a CIVIL matter now, NOT a criminal matter, so you DON'T 'plead guilty'. Demand a 'formal' hearing with a judge, not an 'informal' hearing with a magistrate. An informal hearing is for the Sheeple. You're not part of the Sheeple any more. This 'continuance' will also buy you a couple of months to revue. When you get to court, the spirit of Perry Mason will inspire you. However, do not cross-examine the cop. Do not take the witness stand [where you are sworn under oath to tell the truth]. Usually, do not make 'objections'. If you do, I guarantee you you will LOSE! Proceed to your 'Final Argument' [where you are NOT sworn under oath to tell the truth - just like the prosecuting attorney and judge]. You want to go to court and make them think you haven't got a brain in your head. You want them to get sloppy in their presentation. You are going to use a checklist. You can hide it inside a 'People' magazine. They are really going to think you're are a moron if you're reading People magazine during your own trial. The checklist will include ['essential elements'] for introducing and admitting testimony and exhibits from Farency vs Michigan, 133 Mich. App. 526. If any ONE of these points is not checked off, you WIN! But you're gonna have to show them that you know that YOU KNOW you won. As attorney Johnny Cochran said during the OJ Simpson criminal trial, 'If it doesn't fit, you MUST aquit.' Back in the old days, one of the reasons I lost was because I filed so many motions, subpoenaes decus tecum ["bring with"] for production of documents, cross-examined the cops, and testified on the witness stand. My trials would last three days. And I made them produce enough evidence that it was a cinch to prove me 'guilty'! I've won so many cases now, when I get pulled over for 'speeding', instead of giving me a ticket, they just laugh and say, 'Now Reverend, you're going to have to slow down.' In court, don't let them rush you. We used to kid about it, that the court was the Synagogue of Satan. There is just a creepy-crawly feeling around that court house. It might be the Devil. I'm not here to judge if it is or isn't. Try not to be nervous. This is your time to shine. The judge may be on the bench, but this is now MY courtroom. There's something called 'due process'. You have to get your day in court. They want you to cower like a little puppy and pee all over yourself. Don't let the judge rush you.
Don't play Perry Mason. Let them rest their case. Then make your 'Final Argument'. You are going to be prepared like 99% of the People aren't prepared. Most people just go in and whine and cry, and that's not what it's all about."
–Pastor Rick Strawcutter, "HOW ANY IDIOT CAN BEAT A RADAR SPEEDING TICKET" and "SPEEDING TICKET SEMINAR"
"Relax, calm yourself, and wait for the officer to approach your vehicle. If you get upset now, you'll cause undue attention to yourself, and you certainly do not want to do that. Generally, an officer will ask you one of two questions. It's either, 'Do you know how fast you were going?', and your response should be, 'No, I'm not really sure.' Or, 'I think I was doing the speed limit.' Or, 'I know I wasn't speeding, I looked at my speedometer right before you stopped me.' The other question that you may be asked is, 'Do you know why you were stopped?' Your response is, 'No Officer, I don't.' The most important factor to consider at this point is, DO NOT ADMIT ANYTHING. Your Constitutional rights allow you to remain silent, but the officer doesn't have to let you know that. If you tell the officer you were doing about 62 or 63 and you know that you're in a 50 mile speed limit, you've admitted your guilt. When the officer requests your credentials such as drivers license, insurance, and registration, tell him where they are located in the car and ask for permission to retrieve them before going for them. This will relieve the officer's suspicion that there may be a concealed weapon in the car. If the officer decides that he wants to search your vehicle, do not agree to this under any circumstances. If the officer asks you to exit your vehicle, do not argue with the officer, and exit your vehicle. Inform the officer that you do not consent to a search of your vehicle. In the past, the police were required to have probable cause to search your car, now all they need is Reasonable Suspicion that a crime has been committed to search the interior of your car. The police can also do a cursory search of the interior of your car for weapons. If he can smell smoke from Marijuana or alcohol, he has probable cause. And those are things that are more important right now to you than the speeding ticket you're about to get."
—Norman G. Fernandez, attorney at law, BikerLawBlog.com, JesBeard.com, "WHAT DO I DO WHEN I'M STOPPED?"
"Clients often asked whether it would be legal for them to record another person without that person's consent, or even without that person's knowledge. This is often an issue in child custody or support cases when the other side makes threats or displays behavior they later deny in the courtroom, or even in a criminal case when a witness will talk about what they saw or did outside of court but might lie in court, or in any lawsuit where a person might candidly admit what happened in a conversation with the client or a friend of the client and then come up with another story entirely when they testify, or even just to preserve a witness's memory when it is fresh to help them recall things months (or even years) later at the time of trial. Some clients have also asked about using a recorder to tape a witness or the other side in a case when they talk with them before the case reaches the courtroom for trial, since some people will speak honestly with a client in person and then lie under oath when testifying in the courtroom. The simple answer is that Tennessee law allows you to record any conversation to which you are a party. But if you are not a party to the conversation, or don't have permission to record from someone who is a party to the conversation, under Tennessee law recording the conversation is a felony, punishable by up to 12 years in state prison, and the person or persons you record can also sue for damages and collect up to $10,000 for your invasion of their privacy. TCA 39-13-601 et seq. The federal Omnibus Crime Control and Safe Streets Act of 1968, 18 U.S.C. Sec. 2510 et seq., prohibits the willful interception of telephone communication by means of any electronic, mechanical, or other device without an applicable exemption. But this only applies to intercepting calls you are not a party to — such as setting up some sort of bugging or recording equipment to record the calls of someone else when you are not taking part in the phone call; it does notprohibit recording your own phone calls or calls made to you when you are still on the line, or even calls where you are on an extension phone and listening with the knowledge of the others on the phone, and none of it restricts your right to use an answering machine and record the calls and play back the messages later for anyone else, even if the caller made clear that you were the only one they intended to ever have listen to it. In fact the Omnibus Crime Control and Safe Streets Act of 1968 specifically exempts calls with at least one party approving the recording (usually the person approving it is the person doing it). 18 U.S.C. Sec. 2511(2)(d). In other words Federal Law is the same as Tennessee law on this point. Under ABA Formal Opinion 337 (August 10, 1974), and certain state and local opinions, it may be unethical for an attorney to make an undisclosed recording of other persons, and it is also unethical for an attorney to have a client do what the attorney is prohibited from doing simply as a means of avoiding the rule. In other words an attorney can not tell the client to make an undisclosed recording simply because the attorney could not do it himself. An exception to the rule is in criminal cases. In criminal cases an attorney himself is allowed to record witness statements without telling them they are being recorded. Because of this I routinely advise clients in criminal cases to record witness statements and to do so without disclosing the recording, even urging innocent clients in criminal cases to use concealed recorders or to record phone conversations with the witnesses. (I even have some fairly inexpensive equipment that works very well on any modular phone to allow recording phone calls on any recorder, and on request will allow a client to use it.) But I specifically do not advise clients in civil cases to make such recordings. Federal Communications Commission (FCC) Regulations require phone companies to (1) provide adequate notice to all parties when their conversation is being recorded; (2) that such notice be given by the use of an automatic tone warning device (beeps); and (3) that the tone warning device be furnished, installed and maintained by the telephone company along specified technical guidelines. 11 FCC 1033, 1050, 12 FCC 1005, 1008 (1947). These rules control the phone companies, not you -- they do not make recording your own conversations a crime. While a private person who fails to use the 'beep' tone as required could have his telephone service terminated, this is not something at all likely to happen. While it is legal to make such recordings in general, it is still illegal to do certain things with them, or to make them with the purpose of doing something illegal -- such as to blackmail the person recorded, or to publically disclose embarrassing information about their private life, or to commit any other illegal act. Without even beginning to vouch for their accuracy or value, at least two other websites purportedly explain the law on this topic in all 50 states: RCFP.ORG and a site maintianed by the American Civil Liberties Union on PhoneLaw."
—Jes Beard, attorney at law, "RECORDING OF CONVERSATIONS"
"The jury has a right to judge both the law as well as the fact in controversy."
—John Jay, 1st Chief Justice, United States supreme Court, 1789
"The jury has the right to determine both the law and the facts."
—Samuel Chase, U.S. supreme Court Justice, 1796, Signer of the The unanimous Declaration of the thirteen united States of America, Signer of US Constitution
"The jury has the power to bring a verdict in the teeth of both law and fact."
—Oliver Wendell Holmes, U.S. supreme Court Justice, 1902
"The pages of history shine on instance of the jury's exercise of its prerogative to disregard instructions of the judge. The jury has an unreviewable and unreversible power to aquit in disregard of the instructions on the law given by the trial judge."
—U.S.vs Dougherty, 473 F 2nd 113, 1139, (1972)
Citizens Rule Book - Jury Handbook and full text of U.S. Constitution. This information is designed to bring to your attention one important way our nation's founders provided to insure that you, (not the growing army of politicians, judges, lawyers, and bureaucrats, rule this nation. It will focus on the true power you possess as a JUROR, how you got it, why you have it, and remind you of the basis on which you must decide not only the facts placed in evidence but also the validity or application of every law, rule, regulation, ordinance, or instruction given by any man seated as a judge or attorney when you serve as a JUROR. One JUROR can stop tyranny with a "NOT GUILTY VOTE!" He can nullify bad law in any case, by "HANGING THE JURY!" The general misconception is that any statute passed by legislators bearing the appearance of law constitutes the law of the land. The U.S. Constitution is the supreme law of the land, and any statute, to be valid, must be in agreement. It is impossible for a law which violates the Constitution to be valid. Almost every JURY in the land is falsely instructed by the judge when it is told it must accept as the law that which is given to them by the court, and that the JURY can decide only the facts in the case. This is to destroy the purpose of a Common Law JURY, and to permit the imposition of tyranny upon the people. Young Christian attorney Patrick Henry saw why a JURY of PEERS is so vital to FREEDOM! It was March 1775 when he rode into a small town of Culpepper, Virginia. He was totally shocked by what he saw! There, in the middle of the town square was a minister tied to a whipping post, his back laid bare and bloody with the bones of his ribs showing. He had been scourged mercilessly like JESUS, with whips laced with metal. Patrick Henry is quoted as saying: "When they stopped beating him, I could see the bones of his rib cage. I turned to someone and asked what the man had done to deserve such a beating as this." SCOURAGED FOR NOT TAKING A LICENSE! The reply given him was that the man being scourged was a minister who refused to take a license. He was one of twelve who were locked in jail because they refused to take a license. A license often becomes an arbitrary control by government that makes a crime out of what ordinarily would not be a crime. IT TURNS A RIGHT INTO A PRIVILEGE! Three days later they scourged him to death. This was the incident which sparked Christian attorney Patrick Henry to write the famous words which later became the rallying cry of the Revolution. "What is it that Gentlemen wish? What would they have? Is life so dear, or peace so sweet, as to be purchased at the price of chains and slavery? Forbid it, Almighty God! I know no what course others may take, but as for me, GIVE ME LIBERTY OR GIVE ME DEATH!"
Don't Talk to the Police by Officer George Bruch - "Police are allowed to lie." 3L law student says all clients are stupid and all cops can arrest all drivers at any time, since he's never read and comprehended the US Constitution, which says nothing about government authority to requires licenses to drive nor travel as passengers nor walk on a street.
How police trick you into waiving your Miranda right to STFU - When law enforcement agents stop a car, they may simply be intending to write a speeding ticket—or they may be hoping to find evidence of a greater crime. It can be very hard to tell what the officer’s up to, but either way, it’s important to maintain careful control of what you’re saying. Even in a routine traffic stop, you can be polite and low-key without babbling. Normally, the first thing an officer says to you, after pulling you over for a vehicular violation is: “Do you know what you just did?” Unless you don’t care about getting a ticket, it’s silly to say, “Oops, I guess I ran a red light.” So don’t make damaging statements. Instead, ask: “Should I get out my license, sir?” To offset the fact that you’re not answering the officer’s question, it’s important to convey respect through your tone of voice and facial expression. An officer who believes you’re being cocky is likely to indulge in unprofessional conduct. In 1966, when the U.S. Supreme Court ruled that officers must recite the Miranda warnings before questioning arrestees, police across the country were outraged. They were sure that suspects would never again confess or even make a few incriminating statements. However, a year or two later, the police had stopped fussing. They discovered that giving the Miranda warnings had very little impact on suspects’ behavior. Instead of remaining silent or asking for a lawyer, most suspects whom the police arrested went right ahead and answered questions, completely ignoring the warnings, thus confessing to a crime.
How to Fight a Traffic Ticket - Carl Miller is a Vietnam combat veteran with a long list of videos on how to beat a govt bureaucracy at its own game. Constitutionally guaranteed right to travel, as ordered by the Declaration of Independence: "We hold these truths to be self-evident, that 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." (Not in the US Constitution but included in state constitutions.) Videotaped by Pastor Strawcutter. This is why the feds infiltrated and shut down Strawcutter to close his video library
Know Your Constitution - Carl Miller's weekly radio show on Wednesdays at 7pm Pacific. Replays of his video series
Know Your Constitution - Carl Miller's weekly radio show on Sundays at 6pm Pacific. Replays of his video series
The Passing of the Paddle to Municipal and Justice Courts: Is the Schoolhouse to Courthouse Pipeline Overflowing? - One of the most disturbing trends in school discipline
and juvenile justice is what Texas Municipal Courts Education Center General Counsel Ryan Turner calls the passing of the paddle. Municipal courts and jusjustice of the peace courts are receiving an avalanche of Class C misdemeanors written to students in school, mostly for violation of the Student Code of Conduct. Speaking at a December 7, 2005, Texas Public Policy
Foundation primer, State Rep. Harold Dutton (DHouston) recalled how he successfully defended an eight year-old student in municipal court who had received a Class C ticket from a school police officer for chewing gum in class. Dutton said the courtroom was full of other young students (and their parents) who had received similar tickets. Similarly, Turner, who also works as a prosecutor in Hays County, was referred a student who had been issued a Class C ticket for going out to get her
books from her car in the school parking lot. Speaking to a group of 200 municipal court judges, Turner said almost all of them raised their hands when asked whether they felt like they had become the Vice Principal. One Harris County judge noted, A fight around the flagpole used to be handled at school; now it gets filed in court. Growing pains should not be dealt with in court. The kids miss school, the parents miss work, and they have to pay for parking. This has gone too far. Such anecdotal evidence is borne out by the little data that is available. From September 1, 2004 to August 31, 2005, there were 10,149 Education Code cases referred to Texas municipal courts, according to the Office of Court Administration.22 During the same period from 1998 to 1999, the first years in which such data was kept, there were 6,888 Education Code cases referred to municipal courts.23 This category of cases does not represent all citations issued at school, but only those issued for violations of the Student Code of Conduct. Many other citations issued in schools for violation of local or state criminal laws are classified in other, broader categories of municipal court cases. Education Code cases in Justice of the
Peace courts are not separately tracked by the Office of Court Administration. With regard to juvenile court, in Harris County alone, of the 20,812 referrals, over a quarter (5,591) were school referrals. Section 37.102 of the Education Code, enacted as part of the 1995 Safe Schools Act, has been interpreted by school boards as empowering them to designate specific
violations of the Student Code of Conduct that are Class C misdemeanors, even if such conduct is not a criminal offense under state or local law. Remarkably, some districts have even argued in court that these criminal offenses they create are not subject to the general defenses in the Penal Code, such as selfdefense. Students are issued citations for the school
board-created offenses by school police officers, which they are expected to sign promising to appear in court, even though as minors they cannot enter into a contract. In most instances, the teacher, not the officer, is the one who saw the conduct at issue. Class C misdemeanors issued to students follow the same procedure as speeding tickets, which are also Class C misdemeanors. Assuming the student brings the citation home, his parents can choose to simply plead guilty and send in a payment for the fine amount, which can be up to $500, and court costs, which are $50 to $100. If the student does not plead guilty and pay the fine, a complaint is sworn out and the case is scheduled for trial before either the judge or a jury. Texas Public Policy Foundation, Policy Perspectives: Schooling a New Class of Criminals? March 2006
Student and Parent Handbook 2004/2005 - Big Bear High School is a CleanSweep campus. If you engage in any of the following activities, you may receive a citation that will result in an appearance in Juvenile Traffic Court. Listed are the violations and possible judgments (fines). Other judgments might be imposed at the discretion of the judge. Smoking or tobacco products: $75/30 hrs; Fighting or disturbing the peace, includes challenging gestures: $400; Littering, even if you clean up the mess: Community service, $100-$750; Vandalism: Community service, $50,000; Minor possesion of graffiti tools, marker, paint, tips, etc: Community service, $1,000, Automatic drivers license suspension; Daytime loitering on school days: Community service, fine at court discretion. Cars may be ticketed or towed if a violation occurs. Big Bear Lake, CA
Fighting a ticket pays off? - 72 year-old Doug Gray "fought" a $115 traffic ticket by pleading guilty to not wearing a motorcycle helmet. The disabled man had been walking his Yorkshire Terrier on his scooter going three miles per hour, 2 blocks to his mailbox. This is NOT how to fight a ticket, by pleading guilty to a crime with risk of prison
Virginia's $3550 speeding ticket with mandatory 1 year jail, but only for Virginia residents - Virginia motorists convicted of minor traffic violations will face a new, multi-year tax beginning July 1. Led by state Delegate David B. Albo (R-Springfield), lawmakers slipped a driver responsibility tax into a larger transportation funding bill signed by Governor Tim Kaine (D) in April. Albo, a senior partner in the Albo & Oblon, LLP traffic law firm, can expect to see a significant increase in business as motorists seek to protect their wallet from traffic tickets that come with assessments of up to $3000 in addition to an annual point tax that tops out at $700 a year for as long as the points remain. "The purpose of the civil remedial fees imposed in this section is to generate revenue," the new law states. (Virginia Code 46.2-206.1) Driving as little as 15 MPH over the limit on an interstate highway now brings six license demerit points, a fine of up to $2500, up to one year in jail, and a new mandatory $1050 tax. The law also imposes an additional annual fee of up to $100 if a prior conviction leaves the motorist with a balance of eight demerit points, plus $75 for each additional point (up to $700 a year). The conviction in this example remains on the record for five years. Other six-point convictions include "failing to give a proper signal," "passing a school bus" or "driving with an obstructed view." The same $1050 assessment applies, but the conviction remains on the record for eleven years. Although the amount of the tax can add up quickly, the law forbids judges from reducing or suspending it in any way. The tax applies only to Virginia residents, so that out-of-state motorists only need to pay the regular ticket amount. The Virginia Supreme Court provides a full explanation of the new penalties for each traffic infraction in the 34k PDF file at the source link below. Update: View which legislators support a repeal, link to online petition. "Transforming the commonwealth's policemen into highwaymen is no way to run a government," said National Motorists Association President Jim Baxter. Baxter yesterday called on the legislature to hold a special session for the repeal of the fees. Link: Civil Remedies Fees. Other states are also trying the unconstitutional driver responsibility tax.
Cross Examination - Stewart Orden the best trial attorney in America: Matrimonial; securities; white collar; civil litigation; corporate litigation; personal injury; demonstrates his devastating skills. Try this out on a cop in your next traffic ticket trial. Cross exam in a trial is not the time for pretrial discovery.
How to not hire a lawyer - Vegas lawyer, Joe Caramagno, causes mistrial after showing up to court drunk, part 1. A judge ordered a blood-alcohol test for a defense lawyer who was slurring his words, then declared a mistrial after declaring him too tipsy to argue a kidnapping case. Watch the judge loose her patience.
DUI Law - Burk Beale with the law firm of Boone Beale. We have put together a series of videos that we encourage you to watch to educate you about the defense of your case. We use that same method to educate a judge or a jury in the defense of your case. See how defective so-called blood-alcohol machines and "sobriety" tests really are. You'll never see this on TV.
DUI Law - Burk Beale with the law firm of Boone Beale. We have put together a series of videos that we encourage you to watch to educate you about the defense of your case. We use that same method to educate a judge or a jury in the defense of your case. See how defective so-called blood-alcohol machines and "sobriety" tests really are.
DUI Law - By the "Dean of DUI Attorneys", Lawrence Taylor. Police State scams exposed. You'll never see this on TV.
Flash Gets a Speeding Ticket - 300 mph in a 25 Zone. New un-Constitutional National I.D. Card Internal Passport Driver License contract is "required" to WALK anywhere in USA today, or to ride as a PASSENGER on planes, trains or boats, just like the un-Constitutional Social Security Tax Number is required to get a job, driver license or bank account.
How to Kill Robocops - Australian Robocops rob Knoxville Tennessee, replacing KPD and traffic court. Knoxville City Court "judge" John Rosson admits that Mexican illegal alien driver licenses are not "recognized" by police, but that British, Canadian and Australian driver licenses are "allowed" for tourists riding the Dragon, even though they drive on the wrong side of the road.... By Pirate News TV. Music by Khaos Theory
Constitutional Duties of a Sheriff - Richard Mack was the sheriff of a small county in Arizona when the Brady bill was passed, and he decided that that was not what he wanted to enforce, and so he filed suit against the federal government -- he and a sheriff up in Montana, if I remember correctly. And he took that suit all the way to the Supreme Court and won a tremendous freedom victory. "some things happened in my life that got me from being a numbers cop of just writing the tickets -- which I believe now is one of the greatest abuses of government that we have anywhere in our country. The revenue collection that happens because these guys wear a badge, called radar tickets, is an absolute outrage and abuse. It is a lark. We've got to change it."
Freedom Radio - Pro se law focusing on rescission of voluntary driver license contract
George Gordon Law Hour - George Gordon School of Law's archives from the daily radio show for pro se use of the common law, statutory law and constitutional law. Specializing in rescission of voluntary Socialist Security contract (which "volunteers" the sucker for the voluntary unconstitutional unratified income tax), and rescission of the voluntary driver license contract for non-commercial drivers not "for hire". Legal discussion of many other legal, business, medical and historic topics. FYI insurance gambling contracts pay insurance companies 95% net profit with 5% paid in claims.
Bad Cop No Donut - Weekly arrest blotter on copsters arrested, convicted and incarcerated in USA
Guardian Angels Inc - Multinational corporation trains an army of citizens to make citizen's arrests worldwide, including government employees, arrest of genocidal United Nations ambassadors, and arrest and prosecution of mafia gangsters like John Gotti Jr and his hitmen, who has so far survived 3 mistrials for kidnapping, shooting and attempted murder of Guardian Angles founder and NY City radio host Curtis Sliwa.
Voluntary Driver License contracts - Vehicle registration is a voluntary donation of your vehicle to the state. Patriot lecture by rocket scientist John Quade, aka John William Saunders, aka Cholla, leader of the motorcycle gang "The Black Widows" in Mayor Clint Eastwood's hit film Every Which Way But Loose. John Quade is apparently not "John Quaid" (sic), the dead father of Hollywood superstars Dennis Quaid and Randy Quaid, tho that would explain why Randy don't look nuttin like Dennis. "In 1937, Tennessee became the 32nd state to enact a driver license law. During the first year, 521,571 licenses were issued, while today the number of licensed drivers in Tennessee is 4.1 million." - Tennessee Dept of Safety, Administration
Right to Travel without an internal passport toll tax - Protest in front of death camp. Lauren Canario jailed for lack of driver license contract extorted at gunpoint by police state death squads. New Hampshire state motto on official license plates is "Live Free of Die", the definition of irony. Competence of pro se legal defense is unknown
Video shows Tennessee cop choking handcuffed driver during routine traffic stop - WKRN News 2 reports that “the Tennessee Bureau of Investigation is investigating after video shot from inside a Mount Joliet patrol car shows an officer choking a suspect.” In the video, the officer has both hands around the neck of the suspect and is telling him to “stick your tongue out.” The suspect, James Anders, then passes out. Choking US citizens to death is now Standard Operating Procedure for police state death squads, just like Tasering US citizens to death.
Tortured by Copsters in USA - Full-length hidden audiotape of Lester Eugene Siler tortured by Cambell County Sheriff deputies in his home in East Tennessee. Deliverance on steroids as Cambell County Sheriff Dept gets fucked up the ass. What's so funny is how the average sheeple caves in at the tiniest hint of pressure, and signs a driver license slave contract, vehicle registration slave contract, traffic citations slave contract, Social Security slave contract, 1040 slave contract, etc, all of which waiver all Constitutional rights in exchange for "voluntary" civil slave contract
Death of a Speed Camera - Dutch robocop learns who's boss. Featuring the hit songs "I'm On Fire" and "Burn Motherfucker Burn"
HOMESKOOL LAW LIBRARY
Blount County "Justice Center" law library is illegally closed to the public UT Law Library in Knoxville is open to the public
"The next time I come to your area it will be with a video camera, a tape recorder, a cellular phone and a copy of the North Carolina State Statutes!"
—former Arizona State Trooper and former Indiana Patrolman harassed by Graham County NC Sheriff Dept, BMW biker rally and police rampage at Fontana Village, The Prohibition Times, "Highway named for hit-and-run killer - Dragon Tale," page 2
Blount County Criminal Court (jury trials for traffic tickets - 95% "Burden of Proof" "Beyond a Reasonable Doubt")
Blount County Sheriff Department, Dragon Zone 1 (US 129)
5,680 traffic stops by BCSD in 2003 with 3,485 extortions by illegal quotas, er, "citations" (the definition of "governmental racketeering and organized crime" under TCA 39-12-203 RICO Act)
Blount County Grand Jury Notice: How to Arrest Cops - Notice of Grand Jury Meeting T.C.A. 40-12-105
"It is the duty of your Grand Jurors to investigate any public offense which they know or have reason to believe has been committed and which is triable or indictable in this county. Any person having knowledge or proof that such an offense has been committed may apply to testify before the grand jury subject to the provisions of Tennessee Code Annotated. The foreman in this county is presently: Penny Piper."
"The grand jury will next meet on Monday, the 2nd day of February, 2009, at the Blount County Justice Center in Maryville, Tennessee at 9:00 a.m. You may be prosecuted for perjury for any oral or written statement which you make under oath to the grand jury, when you know the statement to be false, and when the statement touches on a matter material to the point in question."
Tom Hatcher, Circuit Court Clerk, ex-deputy sheriff, his son is fired-judicial commissioner Dustin Hatcher in prison for sexual assault of a juvenile inside the Justice Center and clerk's office
2007 Washington DC protest at ZioNazi German Embassy against unconstitutional loss of habeus corpus in Blount County and Knoxville Tennessee
Amazing Uproar In The Zundel Thought Crime Trial in Germany, thanks to Blount County Death Camp torture in Tennessee - No transcripts, no press, no public allowed during Top Secret ZioNazi Death Penalty trial for American book publisher of author in England. One of the most dramatic moments in this hearing came when Ernst Zundel decided to break his self-imposed silence and let them have it, Zundel-fashion, for the first time in more than 18 months. I never understood and was never given an adequate explanation of why he chose to remain silent for so long, but I utterly trust Ernst's political judgment - he must have had his reasons. This day, it seems, he had his fill - he stood up, dug in his heels, accused the court of shamelessly running a secret political show trial where only written submissions were allowed, to be read by the court at the exclusion of both public and press, and proceeded to read President Ahmadinejad's Open Letter right into Judge Meinerzhagen's horrified ears! At that point, pandemonium! Judge Meinerzhagen simply lost it - and started to scream, his hands shaking and his face distorted with fury, that this was an "impertinence" - in German, "eine Frechheit!" - that the defense was trying to pull the wool over his eyes by making the defendant the messenger of what, precisely, he had forbidden the attorneys to submit at risk of their own welfare! It seems that the verbal confrontation that ensued was the Mother of all Shouting Matches - it even worried the armed police at one point! Apparently it looked like it would come to blows! By Dr Ingrid Rimland Zundel, Sevierville, Tennessee
German lawyer for Zundel charged with denying Holocaust - BERLIN - German ["Jewish"] prosecutors have charged the former attorney for far-right activist [pacifist artist] Ernst Zundel with encitement [thought crime without a victim]. They accuse her of denying the Holocaust occurred [a lie - denial of the total killed which is proven by all historians]. Zundel lived in Pigeon Forge, Tennessee, between 2001 and 2003, when he was [illegally] deported to Canada for alleged immigration violations [illegal arrest by denial of habeus corpus in Knoxville US District Court]. Canada later sent him back to Germany [without charges]. Zundel has operated Samisdat Publishing, a leading distributor of Nazi [BS - German] propaganda [history], since the 1970s. Over the past decade, he has been a key content provider for a Web site [Zundelsite.org] dedicated to Holocaust denial [of the total number of "Jews" killed]. The second trial of the 67-year-old Zundle ended last month with his conviction for incitement in denying the Holocaust [another lie by the Khazar anti-Semitic non-Semitic fake "Jews"]. He was sentenced to the maximum five years in prison [in a Top Secret trial without a transcript and without being allowed to enter any evidence of facts]. Attorney Sylvia Stolz represented Zundel in his first trial, which collapsed [mistrial] after Stolz was banned from proceedings on grounds she was trying to sabotage them [defend her client].
6th Circuit US Court of Appeals kills habeus corpus in Knoxville, Blount County and USA - In a decision issued Feb. 27, the Court of Appeals for the Sixth Circuit in Cincinnati has unanimously upheld a lower court’s judgment stripping historian and pacifist Ernst Zundel of his right to be heard on a petition for writ of habeas corpus which was filed when Zundel was first arrested by U.S. authorities in February 2003.
Zundel was in a routine waiting period for U.S. permanent residence through his U.S. citizen wife, Ingrid, at the time of his arrest. “Once again, Ernst Zundel has been betrayed by a federal judiciary which, in its rush to judgment, has tread roughshod on the Constitution and the letter and intent of the law in order to achieve a politically correct result,” said Zundel’s attorney, Bruce Leichty. There is no precedent for denying an individual of Zundel’s immigration status a hearing on a habeas petition, said Leichty, who noted that the courts have routinely extended habeas rights even to illegal immigrants.
Recent appellate decisions have focused on whether enemy combatants held outside the United States have the right to habeas proceedings, but Zundel was never labeled as an enemy combatant or terrorist—despite ultimately being declared a “national security” risk by Canadian authorities after his summary removal from the United States. If the decision is allowed to stand, Zundel would be banned from reentering the United States until 2023. He is currently 67 years old. Zundel will seek a rehearing from different judges at the Sixth Circuit based on the unconstitutional suspension of his habeas rights and on known conflicts of interest of at least two members of the panel, says Leichty. One of the judges gave a prohibited campaign contribution to the Bush reelection campaign after being appointed to the federal bench and another has a daughter working in Tennessee for the U.S. attorney’s office, which handled the opposition against Zundel’s petition in a Knoxville federal court. The February appellate decision was issued “per curiam,” meaning that none of the judges acknowledged writing the decision, and it was designated “not for publication.” Leichty states that at the time of Zundel’s arrest, INS had a policy of not taking deportation action against immigrants awaiting permanent residence through U.S. citizen spouses, even if they had overstayed visa waivers. Zundel had been given work authorization in the United States and permission to leave and reenter. Because a Knoxville judge and now the Sixth Circuit have claimed not to have jurisdiction, however, he has never been able to present those arguments. When Zundel challenges the latest decision, that will mean that he will have legal challenges pending in three countries. He has appealed his German “thought crime” conviction, and is also hoping to benefit from a recent Canadian Supreme Court decision which held that the “security certificate” proceedings under which he was detained in Canada are unconstitutional, because they permit secret evidence. After a Canadian court declared him to be a national security risk, the Canadian government spent over $100,000 on a charter plane to fly Zundel to Germany, where he was promptly arrested on criminal speech charges for views expressed in Canada and the United States. March 26, 2007
Lady Renouf of Britain hands the Iranian President a copy of the dramatic Zundel documentary, Setting the Record Straight, at Anti Holocaust Conference in Iran in 2007
Why do people question the holocaust? - Why do people question the idea that six million Jews were gassed during WWII in places like Auschwitz, Sobibor, Treblinka and Dachau? It is against the law to law to question this number in many European countries today and will result in a prison sentence - see here for a list of some of the better known prisoners of conscience at present. People question this number for many reasons, two of which include the fact that NOBODY was ever gassed at Dachau, not even the purveyors of the official holocaust story suggest otherwise today, and in 1990 Auschwitz dramatically reduced the number of killed there by more than 2.5 million - most people are unaware of this empirical fact because the western media never covered the story. People question whether or not there were gas chambers at Auschwitz because the buildings one can see today on display at Auschwitz were built many years after the Second World War had ended - this according to the Auschwitz Museum curator Franciszek Piper in a videotaped interview conducted by the Jewish revisionist historian David Cole. (Video I) & (Video 2). “Truth needs no laws to support it. Throughout history, from Giordano Bruno and Galileo, to Ernst Zundel and David Irving, only lies and liars have resorted to the courts to enforce adherence to dogma.” - Michael Rivero, WhatReallyHappened.com. [Jewish historians on History Channel and CSPAN report that Hitler (Shicklegruber Rothschild) and most of the top Nazis, and 150,000 Gestapo agents and military officers, were all "Jews". "AshkeNAZI" is defined in dictionaries as "wandering Jew".]
BBC News: Is there a Jewish Holocaust 'Industry'? - Jewish Professor Norman Finkelstein says Zionist Jews are faking the Holocaust for financial and political profit, especially for Israel. 55-million Goyim were murdered in World War 2, but only 600,000 Jews (mainly anti-Zionist Jews murdered by malnutrition and disease). Adolph Hitler Shicklegruber Rothchild (heir to half the world's wealth and printer of all US "dollar bills" private international Federal Reserve Bank Notes) was a Jew, as were all the top Nazis (like Herman Goering and Reinhardt Heidrich head of the Final Solution death camps), and 50,000 Gestapo and German soldiers during WW2, according to Jewish historians on CSAN and History Channel. Joseph "Stalin" Vissarionovich Dzhugashvili was part Jewish and had 3 Jewish wives, which is the only way to have Jewish children under Jewish law. Sir Winston Churchill was Jewish with a Jewish mother. FDR was also an alleged Jew, who conspired with Churchill to hire the Japanese to attack Pearl Harbor, just like in Jewish Operation Northwoods and the Israeli attack on USS Liberty. General President Dwight "Beware The Military Industrial Complex" Eisenhower was a "Terrible Swedish Jew" who slaughtered 1-million Germans in death camps after WW2. Norman Finkelstein says his mother, who lived in a Nazi POW camp, made a sarcastic remark about the Holocaust survivors: "If everyone who claims to be a survivor actually is one, who did Hitler kill?" What a coincidence that the Jews are still keeping Nazi WW2 documents a secret as of 2007! There are so many documents that they fill "26 kilometres of grey metal filing cabinets and cardboard binders in six nondescript buildings". Eric Hufschmid's sister is married to the son of billionaire Sir Rupert Murdock Jewish Australian Knight of the British Empire, owner of anti-American Fox News and British porno newspaper The Sun, whose wife is a citizen of Communist China, who banned Pirate News and Deals Gap Dragon off the TV Guide Channel
Timing terrible for Blount County slave plantation - The Blount County Budget Committee on Monday declined to recommend the construction of a new pod at the county jail, citing concerns with the timing of the proposal in these trying economic times. County Mayor Jerry Cunningham said that county residents were questioning the recommendation from the Jail Overcrowding Ad Hoc Committee to finance the construction of a new pod through the revenue from housing federal prisoners. "I've had a lot of calls on this," Cunningham said. "The timing just seems to be terrible because ... we can't go to the bond market now. The (Prospect Elementary School) is being put off. I'm troubled at the timing of all this. People are wondering how we can look at a jail pod when we're not going to be able to do that school for a while." "I don't see how we can do this," Commissioner Kenneth Melton added. "The timing is wrong. I'm getting a lot of feedback. I really feel like it's the wrong time to do this. I can't support it." The County Commission tasked the committee with figuring out the true cost of housing federal prisoners after the Tennessee Corrections Institute decertified the jail in August due to overcrowding. The daily rate that the U.S. Marshals Service pays to house federal inmates in the Blount County Jail is $58.50 per inmate. Previously, County Finance Director Dave Bennett estimated a $7 million bond for the project could be paid off in 10 years with the county receiving about $3.6 million in net revenues if the county houses about 250 federal inmates daily. The break-even point for the county on the project would be housing 221 federal prisoners. On Nov. 30, there were 443 prisoners housed in the jail -- 164 federal, 66 state and 213 local. About half of the state prisoners were supposed to be in state custody but there were no available beds in state prisons. The jail is only certified for 350. It will be up to Sheriff James Berrong to adjust the jail population levels, Cunningham said Bennett said that the sheriff would need to reduce the federal prisoner population by about 40 but could hopefully maintain enough for the county to break even. The Fiscal Year 2008-2009 jail budget is $7.1 million. Boarding federal prisoners will bring in an estimated $3.5 million by the end of the current fiscal year. Removing federal prisoners completely from the Blount County Jail would save the county about $270,755 in salaries and operating expenditures annually, but require the County Commission to find the equivalent of about 5 cents on the property tax to plug the resulting budget hole from loss of revenue.
Over $1-Billion/year in CIA/MI6 Bush Gang cocaine flows through McGhee Tyson Int'l Airport almost as fast as you can say "Tennessee's FedEx is owned by Skull & Boner Fredrick Smith", according to FBI and Blount County Courts
Home of the Senator Carl "Coca" Koella Is A Convicted Hit-And-Run Biker-Killer Crack-Cocaine-Kingpin Memorial Highway (I-240)
MARYVILLE — A Blount County jail inmate was found dead Friday in an apparent suicide, authorities said. Jacqueline Michelle Reaves, 28, of Maryville was pronounced dead just before 2 p.m. when efforts to revive her failed, Blount County Sheriff James Berrong said in a news release. Reaves was awaiting sentencing on various charges, including one of criminal impersonation, and faced other charges in Anderson County, according to the sheriff. Authorities didn’t say how Reaves died and gave no other details Friday. November 3, 2006 [Jailed for civil contempt of court, for "failing to appear", out of fear of inability to afford to pay a $150 traffic ticket for allegedly driving on a suspended license. Civil contempt of court carries a Life Sentence on Death Row, without bail, without trial, without appeal. Note that filing an Affidavit of Indigency and claiming Homestead Exemption allows defendants to NOT pay traffic tickets not court costs when they lose in court]
What is prison REALLY like: THE RULES
How to survive as a POW in US Concentration Camps. Chris Jones jailed for 3 years for showing a network TV documentary to neighborhood kids. But no mention how the legal system really works.
PART ONE - Introduction & Rules
PART TWO - Reception
PART THREE - Clarification on fights, riots & stabbings & Rape
PART FOUR - Your New Home & Job, House Rules, Phone Calls & Such
PART FIVE - Drugs, scams, & schemes
PART SIX - California Prison Horror stories
PART SEVEN - (CCF's) Community Correctional Facilities
PART EIGHT - Prison Gangs, Racism, Correctional Officers, Mail, Visits, Phone Calls, and Questions & Answers
PART NINE - Points / Levels, 3 Strikes Law, Ad-Seg / SHU / Protective Custody
PART TEN - Short Time, Release, Work Furloughs, etc
Wrongful Death Institute versus Police State Death Camps
How to survive jail or prison by knowing The Law, or how to sue the shit out of concentration camp commandants when they murder your family members. Information on medical services for inmates housed within State Departments of Correction and/or jail systems rarely is provided by jailers. Straight answers for the most part, are not provided. That's not by accident. Your conversation serves as a fact-finding mission on behalf of the Department of Corrections staff and the healthcare provider to determine a potential problem; obtain as much information from you as possible, and zero-in on possible problems that you draw attention to that could very well point to violations within their respective departments. Supervisors will 'run interference' and attempt to appease you over the phone. All too often prison deaths are swept under the rug by the state Departments of Correction. This practice is widespread in order to prevent information from being leaked to families or to the public. As a result, poor, biased and ineffectual death investigation results with no recourse by family members. Evidence is often lost or destroyed by the Departments of Correction or healthcare providers that would support questionable practices, policies and procedures. If you have been notified of an inmate death or death is imminent for an inmate there are specific issues you must address. There are specific questions you need to ask. There are certain things that you should and should not do. Do not agree to allow the Department of Corrections to "take care of the inmate's funeral arrangements". If the department of corrections offers to handle the funeral arrangements for you, say no. Their offer is not out of concern or due to a charitable event. There is a hidden agenda in their offering to do so. If you allow the department of corrections to handle the funeral arrangements, if you sign a cremation order or a burial order, you automatically lose all rights to the deceased's body. The inmate's correctional and medical records, their personal belongings and effects will also be the property of the State department of corrections. You have no right to have them. You will not be allowed to bury your loved one. You will not be allowed to know where the department of corrections buries him/her. You will never be able to visit their grave because you will not be told where it is.
$50 DVD-R DATA in-car video requires special player installed on computer (included with DVD-ROM "video"), or MPEG-4 codec to convert to regular DVD or VHS tape
Purchase DVD-R or VHS tapes (depending on which car has which system installed) from BCSD Records Dept - $50 COST IS REPAID TO YOU (ALONG WITH ALL YOUR OTHER EXPENSES, LOST WAGES, GAS MILAGE, $5/PAGE CERTIFIED COPIES, ATTORNEY FEES, UPON WINNING YOUR CIVIL CASE BY SUBMITTING YOUR "BILL OF COSTS" TO JUDGE AS SANCTION FOR THIS FRIVOLOUS CIVIL LAWSUIT (BUT YOU MUST BE PRO SE TO WIN SINCE LAWYERS ARE NEVER MOTIVATED TO WIN THESE CASES UNLESS IT'S THEIR BUTT ON THE LINE OR IF A DEFENDANT PAYS THEM AT LEAST $10,000 IN ADVANCE PLUS APPEALS COSTS) - Be sure to get an invoice for DVD from BCSD so the employees can't steal that money
DVD-R DATA includes cop car speed and when emergency lights turn on - IT IS A CRIMINAL MISDEMEANOR SUBJECT TO ARREST FOR ANY COP TO EXCEED A SPEED LIMIT OR VIOLATE ANY OTHER STATUTE WITHOUT TURNING FIRST ON BOTH EMERGENCY LIGHTS AND SIREN PER TCA §55-8-108
Tennessee Code §55-8-108. Authorized emergency vehicles - How to Arrest Copsters
(a) The driver of an authorized emergency vehicle, when responding to an emergency call, or when in the pursuit of an actual or suspected violator of the law, or when responding to but not upon returning from a fire alarm, may exercise the privileges set forth in this section, but subject to the conditions herein stated.
(c) (1) The exemptions granted under subsection (b) to a driver of an authorized emergency vehicle shall only apply when such vehicle is making use of audible and visual signals.
(Class C misdemeanor = 30 days in jail for copsters)
Tennessee Code §55-10-205. Reckless driving
(a) Any person who drives any vehicle in willful or wanton disregard for the safety of persons or property commits reckless driving.
(b) A violation of this section is a Class B misdemeanor.
Tennessee Code §55-10-501. Part definitions
(1) "Drag racing" means:
(A) That use of any motor vehicle for the purpose of ascertaining the maximum speed obtainable by the vehicle;
(B) The use of any motor vehicle for the purpose of ascertaining the highest obtainable speed of the vehicle within a certain distance or within a certain time limit;
(C) The use of any one (1) or more motor vehicles for the purpose of comparing the relative speeds of such vehicle or vehicles, or for comparing the relative speeds of such vehicle or vehicles within a certain distance or within a certain time limit;
(D) The use of one (1) or more motor vehicles in an attempt to outgain, outdistance or to arrive at a given destination simultaneous with or prior to that of any other motor vehicle; or
(E) The use of any motor vehicle for the purpose of the accepting of, or the carrying out of any challenge, made orally, in writing, or otherwise, made or received with reference to the performance abilities of one (1) or more motor vehicles;
Tennessee Code §55-10-502. Penalty
Drag racing is hereby declared to be a Class B misdemeanor, and any person or persons who operate a motor vehicle or motor vehicles upon the public highways of this state, or while on the premises of any shopping center, trailer park, any apartment house complex, or any other premises generally frequented by the public at large, or who is a participant therein, for the purpose of "drag racing" commits a Class B misdemeanor unless such premises are properly licensed for such purpose
Police Evidence Video: Drag Racin on the Dragon
THP "drag racing sting" on US 129 at Deals Gap. Anyone who doesn't fight these tickets is directly funding this corruption. If you need advice or representation, call attorney Chris Oldham in Knoxville at 865-934-0753. Oldham has won perjury orders for arrest of THP troopers in Blount County courts, for testilying about RADAR speeds when RADAR wasn't even turned on. You also have the right to request all evidence that will be used against you to prepare your court case, so do it! Maybe we'll see another spectacular piece of cinema like the last time. Videotape cuts both ways... It should be noted that everyone got charged with "Drag Racing", a VERY powerful ticket in TN, but as far as I know no one was convicted of it. They either took the plea bargain of Careless/Reckless, or fought it and got the charges reduced to simple speeding, or thrown out completely. Noah Hendrix is the one on the yellow Honda they magically predict "is going to pass, so pull him over." He never passed anyone, and atty. Chris Oldham got the case thrown out. Evidence Summary -- Evidence Analysis
Tennessee Code 55-10-503. Additional penalties - Restricted licenses - Revocation of license
(a) (1) In addition to the punishment hereinbefore prescribed, the department shall revoke, for a period of one (1) year, the driver license of any person or persons convicted of "drag racing."
(2) Notwithstanding subdivision (a)(1), the trial judge has the discretion to allow the continued use of a restricted motor vehicle operator's license or order the issuance of a restricted motor vehicle operator's license to a person convicted of drag racing for the first time to the same extent, for the same purposes, under the same conditions and in the same manner as is authorized in § 55-10-403(d) for persons convicted for the first time of driving under the influence of an intoxicant.
(b) In addition to the punishment hereinbefore prescribed, the department shall permanently revoke the driver license of any person or persons convicted of "drag racing" for the second time within a ten-year period, and such person or persons shall not thereafter be entitled to drive or operate a motor vehicle upon any public highway of this state.
Killer Robocop Spy Cam Speeding Tickets in Knoxville, Tennessee
Austrailian British Empire illegally seizes Knoxville City Court, death rate skyrockets
Just throw the damn things in the trash, sez lawyer Jes Beard's website, since they lack proper "service of process" as required for all civil lawsuits, just like parking tickets
How to Beat a Speeding Ticket Jes Beard, attorney at law, Chattannooga, Tennessee and
Norman G. Fernandez, attorney at law (California).
excellent explanation of Tennessee Rules of Criminal Procedure for pro se defense with legal links
(Jes Beard has been hired as a Private Prosecutor to represent his clients to prosecute corrupt copsters in Loudon County Grand Jury, resulting in indictments of copsters, when corrupt prosecutors employed by Gangsta Gov't refuse to do their jobs)
Illegal aliens get VIP treatment in Traffic Courts - This is outrageous, says John DiNardo & his wife in Denver Colorado, but then they like a lot of Americans really don't realize this is just the tip of the Ice Berg. On April 1, 2007, in Denver county Traffic Court, Denver, Colorado Johns wife had to appear in traffic court as a result of a speeding ticket. When she got there, it was announced that all Non-English speaking persons with traffic violations would be taken care of first. The reasoning being that the interpreter leaves every day at the same time & does not stay late. So a reward for not speaking English is one gets to go to the front of the line. Next, the non-English speaking individuals do not have driver's licenses or insurance. Never was it asked why they did not have licenses, or what they were doing to obtain one with auto insurance. What they were given for driving without a license was a $35 fine. Johns wife, who was born in Denver, Colorado, raised here, & lived here all her life, was given a $249.00 fine for her speeding ticket. Never mind that US citizens have a Constitutionally guaranteed God given Natural right to travel by driving a car without an internal passport driver license contract extorted at gunpoint by police state death squads, and that Traffic Courts are illegal and unconstitutional.
Tennessee Criminal Trial Practice - Thompson-West Publishing
Applies to ALL VICTMLESS "crimes" prosecuted in Traffic Citation trials, except in City Courts or General Sessions Courts with non-lawyer Executive Branch "judges", or with appointed "judges", or with "judges" elected to less than 8-year terms in violation of Tennessee Constitution (violation of Separation of Powers Doctrine)
Tennessee Rules of Civil Procedure
Applies to ALL Traffic Citation trials in City Courts or General Sessions Courts with non-lawyer Executive Branch "judges", or with appointed "judges", or with "judges" elected to less than 8-year terms in violation of Tennessee Constitution (violation of Separation of Powers Doctrine), and applies in all such appeals to Circuit Court
(requires $500 Appeal Bond unless Affidavit of Indigency is filed to utilize Tennessee Homestead Exemption)
(50.01% "Burden of Proof" "Preponderance of the Evidence" for ALL civil trials)
(US and state Constitutions do NOT apply in civil trials)
(Counterclaims are allowed in ALL civil lawsuits)
(Defendant's attorney fees are paid as sanctions against plaintiff if defendant wins)
Applies to judges who allege "traffic citations" use Top Secret non-existant "Quasi-Criminal Rules of Procedure" since "Driver Licenses" are "voluntary" CIVIL contracts, and "Traffic Citations" are CIVIL contracts to "voluntarily" appear in court, under extortion of arrest, and threat of immediate summary execution by Death Penalty
University of Tennessee College of Law Public Library
A public depository of government documents, so it's open to the public, with over 100-million pages of plantation laws for you to memorize and obey, or face summary execution by roving Police State Death Squads (500 murders every year in USA, including 1/3rd innocent bystanders, during civil service of process for alleged breach of civil driver license contracts)
When Towcrime Is Felony Car Theft
How to fire 100 KPD contracts along with Knoxville City Court clerk for theft, fraud and extortion, with criminal felony charges pending
(ALL "parking meters" are unconstitutional, and parking citations are frivolous civil lawsuits lacking mandatory "Service of Process", so just throw them away, as proved by Tennessee lawyers in Onks vs City of Cookville, unpublished, Westlaw)
Knoxville Tennessee is world headquarters for the $40-Billion-dollar/year Jewish-Italian mafia cartheft towtruck chopshop garbage and nuclear waste cartel, manufacturer and owner of 20,000 towtrucks and garbage trucks, with dozens of employees convicted under RICO Act for membership in Gambino and Genovese mafia "families", that routinely pays half-billion antitrust penalties for fraud and extortion on garbage contracts, and reported by FBI as perpetraitor of terrorist car-bombings in Iraq to murder and maim US soldiers using cars stolen by towtrucks in USA. Now partnered by Pentagon/CIA contractor Carlyle Group owned by the narcokingpin of North America Sir George Bush Sr Knight of the British Empire (CIA), British Prime Minister John Major (MI6), narcokingpin of Earth the German queen of England Elizabeth Sax Coberg Gotha (MI6), and the Bin Laden family (CIA/MI6)
PERVERT FEDS STORE 35,000 NAKED BODY PHOTOS TAKEN IN ONE COURT HOUSE
Where do you stand? For the last few years, federal agencies have defended body scanning by insisting that all images will be discarded as soon as they're viewed. The Transportation Security Administration claimed last summer, for instance, that "scanned images cannot be stored or recorded." Now it turns out that some police agencies are storing the controversial images after all. The U.S. Marshals Service admitted this week that it had surreptitiously saved tens of thousands of images recorded with a millimeter wave system at the security checkpoint of a single Florida courthouse. The Electronic Privacy Information Center, a Washington, D.C.-based advocacy group, has filed a lawsuit asking a federal judge to grant an immediate injunction pulling the plug on TSA's body scanning program.
EVERY BILL MUST STATE ITS CONSTITUTIONAL AUTHORITY
A Republican congressman says all bills introduced in Congress should include a statement setting forth the specific constitutional authority under which a law is being enacted. Rep. John Shadegg (R-Ariz.) says his Enumerated Powers Act will force Congress to re-examine the role of the national government and curb its "ever-expanding reach." "For too long, the federal government has operated without Constitutional restraint, creating ineffective and costly programs and massive deficits year after year." The official summary of H.R. 450, introduced on Jan. 1, 2009, reads as follows: "Requires each Act of Congress to contain a concise and definite statement of the constitutional authority relied upon for the enactment of each portion of that Act. Declares that failure to comply with this requirement shall give rise to a point of order in either chamber of Congress."
BIKER JAILED FOR DRIVING AS FAST AS PARK RANGERS
US DISTRICT COURT IN EAST TENN - A Virginia man was sentenced to six months in jail after pleading guilty to reckless driving of his motorcycle in the Great Smoky Mountains National Park. Nathan O'Quinn, 21, of Clintwood, Virginia, accelerated his Suzuki 600 motorcycle away from rangers as he tried to elude arrest on September 19, 2009. Park officials said it happened when rangers attempted to stop O'Quinn on on the Foothills Parkway – Spur (U.S. 441) for speeding. O'Quinn drove at speeds up to 114 miles per hour with a female passenger on the back of his motorcycle, crossed double-yellow lines, passed on curves and nearly hit another vehicle head-on. A plea bargain by defense attorney Robert Kurtz avoided trial on felony charges, thus waiving right to appeal, with $25 fine. Prosecuted by J. Edgar Schmutzer, named for the cross-dressing faggot sodomite pedophile homosexual Mafia terrorist traitor assassin of MLK and JFK in Operation Northwoods, head of the criminal gang terrorist organization that calls itself FBI that said the Mafia did not exist, that later bombed the World Trade Center in 1993, massacred 80 Christians in church at Waco Texas, bombed the federal building in OK City in 1997, and bombed FBI HQ in WTC7 on 9/11/2001. Never mind that police state death squads kill 500 Americans every year during chases, including murder of 1/3rd innocent bystanders, and USDOT and Ralph Nader report that SPEEDING IS SIX TIMES SAFER than driving a posted speed limit in rural areas. These days its easier, cheaper and more fun to beat a traffic ticket than outrun copsters.
NEVER TALK TO COPS: FEDS USE INFAMOUS "SAVE JANE" RUSE ON ARSONIST IN LOVE WITH FED PARK RANGER
In a rare move, federal prosecutors are abandoning an effort to save the fruits of the infamous "Save Jane" ruse. Assistant U.S. Attorney Ed Schmutzer earlier this month filed notice that he would not pursue an appeal of a ruling tossing out as evidence John Wesley Irons' alleged confession to setting hundreds of fires in and around the Cherokee National Forest. U.S. District Judge Bruce Guyton on Dec. 1 deemed the methods employed to glean that statement, including controversial trickery dubbed the "Save Jane" ruse, amounted to coercion. In that ruse, the U.S. Forest Service feigned the arrest of Agent Jane Wright, on whom Irons had romantic designs. Agents urged Irons to give a statement to spare Wright. The agents went too far when they had Wright and Irons, both handcuffed, lay side-by-side on a grassy riverbank and coaxed his cooperation while he whispered a confession of love for Wright, Guyton ruled. The ruling itself was extraordinary. The U.S. Attorney's Office wins far more of these type battles over law enforcement tactics than it loses. To abandon an appeal is rarer still. Defense attorney Gregory P. Isaacs has not yet responded but could argue that second statement came as a result of the initial encounter now deemed legally improper, known in legal circles as "fruit of the poisonous tree." The Forest Service spent decades trying to solve the mystery of fires set in the Coker Creek community, including the torching of an agent's house while he and his family were inside.
Fed agent describes therules of engagement to bring evidence before a grand jury- which keep in check the personal tendencies a law enforcement officer may have. On Monday 12/1/08 a 65 page ruling by Judge Guyton is seen as a victory for due process, and a partial victory for the Forest Service officers who spent years building a case against John Irons, in federal court in Knoxville TN. On the day before his bond hearing in August 2007, at the Coker Creek Ruritan hall-- U.S.F.S. agent Bishop openly joked on his wishes that due process would take as short of time as it takes in some t.v. shows--although he did evoke a short laugh at his attempt at humor--all who may have considered his remark humorous, were not considering that due process benefits everyone- Moreover, agent Bishop's visible sidearm while speaking to the audience may have garnered an intimidated "forced laughter" --and could be reasonably argued--that it has some similarities to tactics or M.O.,(modus operandi) used to get a "forced confession."
NEVER TALK TO COPS: FEDS USE INFAMOUS "SAVE JANE" RUSE ON ARSONIST IN LOVE WITH FED PARK RANGER
65-page fed court order. Anything that Irons may have told the police--even if it was exculpatory, could not have helped him at trial. Anything that you tell the police can be used against you, but nothing that you may say can be used to help you, because they consider it "hearsay" --this is listed under Rules of Evidence 801 (d)(2)(A)-- much of the evidence presented thus far was thrown out-- however, the Motion to Suppress the defendants statement to officers after request for counsel [Doc. 24] and his motion in Limine to Communications Pursuant to case law Wong Sun v. United States and the Fruit of the Poisonous Tree Doctrine [Doc. 40] was DENIED.-- if you have the patience to read the carefully written 65 page ruling--you notice the efficacy and diligence the judge uses to outline even the most minute details-- i.e.-- stating Irons was allowed to pee in the riverbank during the initial lengthy interrogation. Jamie Satterfield reported on Knoxnews as if it was a slam dunk for the defense-no mention of denying motions to suppress DOC.24 and DOC.40 MORE As of 12/11/08, the prosecution will not appeal the "save Jane ruse" ruled by the judge as an involuntary confession-More from Knoxnews The United States as plaintiff vs. John Wesley Irons defendant--states that it objects to the magistrate judges finding that the defendants August 8, 2007 statement should be suppressed, but will not appeal the ruling. This may signal the prosecution feels it has enough on Irons to go to trial. Historically, Americans have enjoyed the protection of what are termed "the Rights of Englishmen". The broadest is the right of "due process." That meant punishment by dint of laws and evidence rather than, as has been the case in much of human history and is still the case in much of the world, by dint of a dictator's rule.
UNCLE SCAM IS YOUR ENEMY SAY COUNTY SHERIFFS
SWAT vs SWAT: Sheriff orders deputies to kill fed cops, fed judges agrees. When Tony Sheriff DeMeo took office in 2003, he told his deputies that illegal cattle seizures were prohibited and that any federal agents attempting to confiscate cattle would be arrested. Shortly thereafter, the BLM arrived at Hage's ranch to perform a seizure. The Sheriff's Deputy told the federal agents that there would be no seizure or taking of cattle, per DeMeo's decision based on the Constitution. The Deputy was told that the BLM federal agents intended to arrest DeMeo and use armed force to take Hage's cattle. Sheriff DeMeo advised the federal agent that their SWAT team would be faced with Sheriff DeMeo's SWAT team if they proceeded. Sheriff DeMeo also explains that his deputies are empowered to refuse unlawful orders, if the orders violate the US Constitution, the Nevada State Constitution, local laws or policy. Sheriff DeMeo said that while Nevada is more than 90% federally managed, these Public Lands are actually owned by The People and the federal government is limited in their authority under the Tenth Amendment and states' rights. Sheriff Paul Babeu, Pinal County AZ: “Our own government has become our enemy and is taking us to court at a time when we need help."
US SUPREME COURT: ARGERSINGER v HAMBLIN COUNTY SHERIFF
The right of an indigent defendant in a criminal trial to the assistance of counsel, which is guaranteed by the Sixth Amendment as made applicable to the States by the Fourteenth, Gideon v. Wainwright, 372 U.S. 335, is not governed by the classification of the offense or by whether or not a jury trial is required. No accused may be deprived of his liberty as the result of any criminal prosecution, whether felony or misdemeanor, in which he was denied the assistance of counsel. In this case, the Supreme Court of Florida erred in holding that petitioner, an indigent who was tried for an offense punishable by imprisonment up to six months, a $ 1,000 fine, or both, and given a 90-day jail sentence, had no right to court-appointed counsel, on the ground that the right extends only to trials "for non-petty offenses punishable by more than six months imprisonment. 1972 (So US courts were stealing rights for nearly 200 years; All fed traffic tickets are called petty offenses; As of 2010, for several years the so-called "public defender" law firm corporation in Knox County TN has refused to defend ALL persons accused of misdemeanors, including "small offenses" a/k/a petty offenses, yet those prosecutions illegally went forward by the State and courts.)
DRAGON: TRANSFER OF PROPERTY TO THE FEDERAL GOVERNMENT
"The Tail of the Dragon is first on the record in reporting that most of the privately owned land bordering the Dragon will soon be sold and transferred into Federal ownership. The Tennessee Nature Conservancy is purchasing much of this Alcoa property and will immediately turn it over to the Federal Government. 600-700 acres located on the east side of US 129 from the Calderwood Overlook to Tabcat Bridge will be going to the Great Smoky Mountain National Park. Some 5000 acres on the west side of US 129 will be going to the United States Forest Service and will become part of the Cherokee National Forest. Alcoa will retain ownership of the old Calderwood town property, dam, and Little Tennessee River. We think this is good news and will help fend off any attempt to alter the roadway. There are also a number of endangered species in the area that will help to stop I-3 and any other major road improvements."
-TailOfTheDragon.com, January 27, 2007 [PNTV NOTE: This includes land at the way to NC state line, as proven by signs posted on trees: "TAPACO BOUNDARY LINE" - SO DRAGON IS NOW 100% FEDERAL NOT STATE COURT JURISDICTION, SO THP CANNOT WRITE TICKETS ON THE DRAGON]
JAN 2009: DICTATOR BUSH FINALLY OBEYS CONSTITUTION TO ALLOW SELF DEFENSE IN NATIONAL PARKS, SO HIS BRITISH COUSIN KING OBAMA BANS ALL FIREARMS NATIONWIDE
People will be allowed to carry concealed weapons in the Great Smoky Mountains National Park and Foothills Parkway. The Bush administration said today it is overturning a 25-year-old federal rule that prohibited loaded guns in national parks. Under the new rule, concealed weapons will be permitted in national parks and wildlife refuges if the individual has a permit to carry concealed weapons in the state in which the park is located. Gun-rights advocates had pushed to overturn the federal ban, arguing that it’s confusing and often results in law-abiding citizens getting charged with a crime for simply transporting or carrying a loaded weapon. Why did no pro se defendant or lawyer appeal that ban on self defense as unconstitutional, like it took 35 years for lawyers to appeal the Victim Disarament Zone in Washington District of Criminals, in Heller v DC? 554 U.S. ___; 128 S. Ct. 2783; 171 L. Ed. 2d 637; 2008 U.S. LEXIS 5268; 76 U.S.L.W. 4631; 21 Fla. L. Weekly Fed. S 497
ACLU Wins $50,000 for Flipping Off Cops
Hackbart says that he was attempting to parallel park in April 2006 when he used his middle finger "to express his frustration" at a driver who pulled behind him and blocked his entry into the space. Upon hearing a voice instruct him not to "flip off" the driver, he "directed his middle finger at the person speaking," according to the lawsuit. That person turned out to be Sgt. Brian Elledge of the Pittsburgh Police Department. Elledge ordered Hackbart to stop his vehicle and cited him for violating a state statute prohibiting the use of obscene language and gestures, the lawsuit alleges. A district justice found Hackbart guilty of violating the statute, but the district attorney withdrew the charge after the ruling was appealed to a higher court. The American Civil Liberties Union sued saying Hackbart's gesture was constitutionally protected speech and merited a lawsuit. "Courts have interpreted this section of the statute very narrowly to bar only speech and conduct that is truly obscene and thus outside of First Amendment protection," said Sara Rose, an ACLU attorney. If the payment goes through, Hackbart will only net $10,000 after $40,000 in attorney's fees. And you thought ACLU worked for free? Hackbart v City of Pittsburg sued cops under 42 U.S.C. § 1983 Ku Klux Klan Act.
State troopers issue 770 goddamn citations for cussin
According to an ACLU lawsuit, the Pennsylvania State Police charged hundreds of people with disorderly conduct for swearing. “American Civil Liberties Union lawyers say they reviewed 770 such citations issued by state police in a recent one-year span and found that most of them involve profanities and other legal, nonobscene speech,” reports the Associated Press. Despite their illegality, disorderly conduct charges for use of profanity are common in Pennsylvania. The ACLU-PA has successfully defended about a dozen individuals against them, including most recently a Scranton woman, Dawn Herb, who swore at her clogged toilet in her home and a Pittsburgh man, David Hackbart, who flipped off a police officer in a dispute over a parking space. The Pittsburgh case, which resulted in evidence that the Pittsburgh police cited people for profanity about 200 times over a four-year period, resulted in a $50,000 settlement in fall 2009. "Unfortunately many police departments in the commonwealth do not seem to be getting the message that swearing is not a crime," said Tuthill. "The courts have repeatedly found that profanity, unlike obscenity, is protected speech. We will continue bringing lawsuits until this illegal practice is stopped."
Gilmore v. Gonzales
Mega lawfirms do battle with US Supreme Court of the right to travel as an airline passenger without a driver license internal passport "ID card", and secret laws that no citizen and no Congressman is allowed to read. Includes amicus briefs.
Gilmore v. Gonzales
Mega lawfirms do battle with US Supreme Court of the right to travel as an airline passenger without a driver license internal passport "ID card", and secret laws that no citizen and no Congressman is allowed to read.
Tennessee v. Hayes
Tennessee Supreme Court unanimously found the use of roadblocks to check identification papers, driving licenses and automobile registrations to be unconstitutional. The high court overturned Hayes' conviction because it did not believe, contrary to police claims, that the primary purpose of the checkpoint was safety. The evidence showed the roadblocks were successful instead at issuing expensive tickets. "There are elements of subterfuge evident in the operation of this entry identification checkpoint," the court wrote. "If the checkpoint was being operated solely to establish a legitimate connection between the would-be entrant and the community, however, Officer Brown had no reason to 'also' demand the person's driver's license if he or she had already produced a Poss Homes identification badge... Because persons may legitimately drive vehicles belonging to others, however, a vehicle registration document is of questionable value in determining the identity of the driver. Proof of insurance is relevant to nothing other than determining compliance with the provisions of Tennessee Code Annotated chapter twelve." The court saw no evidence that the checkpoint increased the safety of residents, nor that the crime was solely being conducted by "outsiders." Because the police had no list of residents or guests, there was no real way to tell from a driver's license whether any stopped individual belonged in the complex or not. "In their zeal to preserve and protect, however, our police officers must respect the fundamental constitutional rights of those they are sworn to serve," the court concluded. "Entry identification checkpoints of the type used here result in the abrogation of one of those fundamental constitutional rights. Such checkpoints cannot, therefore, be countenanced, no matter how lofty their goals. The ends, in this case, simply do not justify the means."
Tennessee v. Hayes
Full text of TN Supreme Court order that driver licenses are not required in Tennessee, and serve no useful purpose for highway safety.
Federal Sentencing Guildelines 2007
Class B misdemeanor is a minimum 30 days jail to a max 6 months jail and $5,000 fine for speeding at 46 mph on Foothills Parkway or Great Smoky Mountain National Park. PS: "The guidelines do not apply to any count of conviction that is a Class B or C misdemeanor or an infraction. For the sake of judicial economy, the Commission has exempted all Class B and C
misdemeanors and infractions from the coverage of the guidelines."
US District Court "Central Violations Bureau"
For traffic tickets by Park Rangers on US Govt real estate, such as National Parks and Foothills Parkway. "Central Violations Bureau" appears to be a private corporate contractor that collects all traffic fines and gives them to other private government contractors called "Victims Rights Non-Profit Organizations"
Central Violations Bureau Helps Collect Millions Each Year for Private Tax-Free Corporations - More than 1,000 times a day, every day, someone gets a ticket for running afoul of the law on federal property—a military base, a national park, a national forest, land supervised by the Bureau of Indian Affairs, or even a U.S. Post Office. "There are 400,000 to 500,000 violations a year. They generate from $16 million to $18 million in revenue," said Ted Willmann, chief of the Central Violations Bureau (CVB), a little-known entity within the federal Judiciary. The officer who issues the ticket writes it up in triplicate, keeping one copy. Another is mailed to the CVB in San Antonio, Texas; a third is given to the violator in the form of an envelope ready for mailing. About two-thirds of those cited for violations opt for forfeiture of collateral—paying without requesting a court date. They mail a check or money order, usually made out to the CVB or a clerk of court, to Atlanta, where the Bank of America serves as a lock-box facility. "The payments are then deposited into the Treasury and get transferred into the Crime Victims Fund maintained by the Justice Department," Willmann said. "None of the money stays in the Judiciary. It is distributed by Congress to battered women's shelters, places for abused children, or victims' advocacy groups." What if an East Coast resident gets cited in a national park somewhere in the West? "The transfer of jurisdiction is possible. The violator would have to call us and begin the process of requesting a transfer.
Private Contractors Are Secret to Success of Central Violations Bureau - If one of the rules of efficient office management is "Never handle a piece of paper twice," then the San Antonio Central Violations Bureau (CVB) is a model of efficiency. With the anticipated elimination of the only other bureau in Denver, Colorado, the San Antonio, Texas bureau will soon be the sole processing center for one-half million federal tickets issued annually-and it will do the work of both bureaus with fewer people.
Great Smokey Mountains National Park - Copies of videotapes of traffic stops on Foothills Parkway can be purchased for $50 from Forest Service HQ in Gatlinburg next to Sugarlands Center (telephone 865-436-1200). US Forest Service is run by the foreign nation of Canada, which is a member of the 53-nation British Commonwealth run by the Queen of England, as part of the British Empire's New World Order cartel. So Foothills Parkway is literally the Queen's Highway
Great Smokey Mountains - NPS.GOV - Biological diversity is the hallmark of Great Smoky Mountains National Park, which encompasses over 800 square miles in the Southern Appalachian Mountains. In recognition of the park's unique natural resources, the United Nations has designated Great Smoky Mountains National Park as an International Biosphere Reserve.
National Park Service censors the fact that director Mary Bomar is a citizen of a foreign nation - On October 17, 2006, Mary A. Bomar became the 17th Director of the National Park Service. Previously, Ms. Bomar served as the first superintendent at the Oklahoma City National Memorial, the first NPS Oklahoma State Coordinator, acting superintendent at Rocky Mountain National Park and assistant superintendent at the San Antonio Missions National Historical Park. Ms. Bomar’s National Park Service career began in the financial arena at Amistad National Recreation Area in Texas where she served as chief of administration.
Queen Elizabeth II of England is the largest landowner on Earth - Queen Elizabeth II, head of state of the United Kingdom and of 31 other states and territories, is the legal owner of about 6,600 million acres of land, one sixth of the earth’s non ocean surface. She is the only person on earth who owns whole countries, and who owns countries that are not her own domestic territory. This land ownership is separate from her role as head of state and is different from other monarchies where no such claim is made – Norway, Belgium, Denmark etc. The value of her land holding. £17,600,000,000,000 (approx). This makes her the richest individual on Earth. However, there is no way easily to value her real estate. There is no current market in the land of entire countries. At a rough estimate of $5,000 an acre, and based on the sale of Alaska to the USA by the Tsar, and of Louisiana to the USA by France, the Queen’s land holding is worth a notional $33,000,000,000,000 (Thirty three trillion dollars or about £17,600,000,000,000). Her holding is based on the laws of the countries she owns and her land title is valid in all the countries she owns. Her main holdings are Canada, the 2nd largest country on earth, with 2,467 million acres, Australia, the 7th largest country on earth with 1,900 million acres, the Papua New Guinea with114 million acres, New Zealand with 66 million acres and the UK with 60 million acres. She is the world’s largest landowner by a significant margin. The next largest landowner is the Russian state, with an overall ownership of 4,219 million acres, and a direct ownership comparable with the Queen’s land holding of 2,447 million acres. The 3rd largest landowner is the Chinese state, which claims all of Chinese land, about 2,365 million acres. The 4th largest landowner on earth is the Federal Government of the United States, which owns about one third of the land of the USA, 760 million acres. The fifth largest landowner on earth is the King of Saudi Arabia with 553 million acres
Man kills bear with log to save kid, gets ticket from forest ranger - A camping trip to Low Gap Camp Grounds turned into a harrowing experience for a Norcross man and his three sons when they tangled with a 300-pound black bear. Chris Everhart says the bear had taken their cooler and was heading back to the woods when 6-year-old Logan hurled a shovel at it. Everhart says he fearing what might happen next, so he grabbed the closest thing he could find -- a log -- and threw it at the bear. It hit the bear in the head and killed it. Ken Riddleberger, a region supervisor for game management with the Georgia Department of Natural Resources, says Everhart was given a ticket for failing to secure his camp site.
Boy killed by bear while camping as forest ranger writes ticket? - An 11-year-old boy was dragged screaming from his family's tent and killed by a black bear during a Father's Day outing in the Utah wilderness. The boy, his mother, stepfather and a 6-year-old brother were sleeping in a large tent Sunday night in American Fork Canyon, about 30 miles southeast of Salt Lake City, when the stepfather heard the boy scream "something's dragging me." The boy and his sleeping bag were gone. The cut in the nylon tent was so clean, his family, who was not identified, first believed the boy had been abducted, U.S Forest Service officers said. Wearing flip-flops and without a flashlight, the stepfather searched frantically for the boy and then drove a mile down a dirt road to a developed campground.
"He was pounding on my trailer door. He said somebody cut his tent and took his son," said John Sheely, host of the Timpooneke campground, who alerted authorities by driving down the canyon to a pay phone. The boy's body was found about 400 yards away from the campsite, said Lt. Dennis Harris of the Utah County sheriff's office. Authorities said the bear, as much as 300 pounds, probably was the same one harassing another group of campers in the same spot before dawn Sunday. The National Park Service releases murderous predatory wildlife in populated areas and illegally outlaws Constitutional use of firearms in self defense, for sheeple who volunteer to be slaves.
US Congress: America's Criminal Class - In early May, Senator Robert C. Byrd, a longtime and powerful Democrat from West Virginia, was following a van too closely on U.S. Route 50 in Fairfax, Virginia, when the van stopped for traffic. Byrd's 1999 Cadillac slammed into the rear of the van. It took a tow truck more than an hour to pry the vehicles apart. Byrd's car was not drivable and suffered an estimated $7,000 in damage. The Fairfax County police officer who investigated the accident had started to write the 81-year-old Senator a traffic ticket when Bryd pulled a copy of the U.S. Constitution out of his pocket and pointed to a section that he said the cop prevented the cop for ticketing him for anything because he, as a member of Congress "shall in all cases, except treason, felony and breach of the peace, be privileged from arrest" both while attending a session and traveling to or from the Capitol. Byrd spokeswoman Ann Adler says the Senator, an acknowledged Constitutional scholar, "almost always has one (the Constitution) in his pocket." Horan said he was familiar with the immunity clause -- Article 1, Section 6, of the Constitution -- because he had encountered it once before during his 32 years in office. Another member of Congress, also from West Virginia, invoked the clause to escape a speeding ticket 20 years earlier. And such unequal treatment is often invoked. A study of public records with police departments in the District of Columbia, Maryland and Virginia show 217 members of the House and Senate escaped ticketing and arrest last year for a variety of traffic offenses ranging from speeding to driving while intoxicated. In the 1998 Congressional session, 84 Representatives and Senators were stopped for drunken driving and released after they claimed Congressional immunity. "I've stopped Senators who were so drunk they couldn't remember their own name," says one Fairfax County police officer. "And I was ordered to let them drive home."
During late-night Congressional sessions, Representatives and Senators often spend time between votes in the private Republican and Democratic clubs or any of a dozen other Capitol Hill watering holes. One Capitol Hill police officer says he has had to jump out of the way more than once to avoid being run down by a drunken member of Congress roaring out of a House office garage. "But there's not a damn thing I can do about it," he says, "Not if I want to keep my job." Members of Congress feel no compulsion to obey the law. District of Columbia police issued 2,912 parking tickets to cars owned by members of Congress in 1998. None were paid. The financially strapped District, which actively pursues and "boots" cars belonging to ordinary citizens, does not go after members of Congress.
ParagonFoundation.org - How to win in federal court by proving the federal court has no jurisdiction. Mainly applies to million-dollar real estate land grabs, but also applies to traffic tickets. When you hire an attorney, you become a ward of the court and a second class citizen. You admit the jurisdiction of the court in the matter at hand. You cannot hire an attorney if you want to challenge jurisdiction. If you want to challenge jurisdiction, the only way you can do it is as a “sui juris” and/or “in propria persona”. To "attorn" is to supervise the transfer of an estate from the old lord to the new lord. It is a term from the feudal (federal?) law circa of the Middle Ages.
Corpus Juris Secundum (C.J.S.) legal encyclopedia, Volume 7, section 4
§ 4 ATTORNEY & CLIENT
His first duty is to the courts and the public, not to the client, and wherever the duties his client conflict with hose he owes as an officer of the court in the administration of justice, the former must yield to the latter.
§§ 2-3 ATTORNEY & CLIENT
A client is one who applies to a lawyer or counselor for advice and direction in a question of law, or commits his cause to his management in prosecuting a claim or defending against a suit in a court of justice; one retains the attorney, is responsible to him for his fees, and to whom the attorney is responsible for the management of the suit; one who communicates facts to an attorney expecting professional advice. Clients are also called “wards of the court” in regard to their relationship with their attorneys.
Wards of the court.
Infants and persons of unsound mind placed by the court under the care of a guardian. Davis’ Committee v. Lone, 290 Ky. 644, 162 S.W.2d 189, 190. their rights must be guarded jealously. Montgomery v. Erie R. Co., C.C.A.N.J., 97 F.2d, 289, 292.
Unless and until notice of acceptance of jurisdiction has been given, Federal courts are without jurisdiction to punish under criminal laws of the United States an act committed on lands acquired by the United States, where the applicable statute (Act of Oct. 9, 1940, 40 USC 255) provides that United States agencies and authorities may accept exclusive or partial jurisdiction over lands acquired by the United States by filing notice with the governor of the state, or by taking other similar appropriate action, and that unless and until the United States has so accepted jurisdiction it shall be conclusively presumed that no such jurisdiction has been accepted. That state statutes authorize the United States to take jurisdiction over land acquired by the United States within the state cannot confer jurisdiction upon federal courts to punish under criminal laws of the United States an act committed thereon, where at the time of the alleged offense notice of acceptance of jurisdiction contemplated by the Act of Oct. 9, 1940, 40 USC 255 had not been given. Adams v. United States, 319 U.S. 312; 87 L.Ed. 1421 (1943). Also see ADAMS v. U.S., 319 U.S. 312 (1943) 319 U.S. 312; ADAMS et al. v. UNITED STATES et al. No. 889. Argued May 10, 1943. Decided May 24, 1943.
"Public lands are open to the sale or disposition under general laws, land to which no claims or rights of others have attached." Northwestern Pacific Railroad Company v. Wismer, C.C.A. Wash., 230 F. 591, 593. The primary origin of this confusion can be traced to the publication of the report of the Public Land Law Review Commission in 1968. The Commission, established in 1964, was ostensibly created to review and clarify the status of all land laws relating to the public domain.
In the Commission’s Report, national forests, national grasslands, grazing districts, minerals, water recourses, wildlife habitat, outdoor recreation, etc; are all discussed within the context of the terms “public land” or “public domain.” This broad, all inclusive, and essentially political definition is in direct conflict with the lawful definition held by the United States Supreme Court: “lands to which no right or claim of another has attached”. The bulk of the western lands to fall under the “umbrella” definition are lands originally withdrawn from the public domain under the Forest Reserve Act, and known today as national forests. The discord in western land jurisprudence arises from the use of the term “public land” by the federal land management agencies in its broad, political sense, to characterize a rancher’s grazing allotment. They then attempt to invoke regulatory authority, which only applies to public lands when defined in the lawful sense. The agencies then demand that a rancher have agency permission to utilize his own water rights and grazing lands. Too often the rancher and his counsel have fallen into the trap created by the use of the term “public land,” by the United States. By failing to rebut the use of the term “public land” the rancher has essentially stipulated that he has no rights to defend. The opponent then can invoke Article 4, Section 3, Clause 2 and the myriad grazing regulations from the Code of Federal Regulations to defeat the rancher.
-The denotative and connotative definitions of the phrase "Public Lands" by Wayne E. Hage, Paragon Foundation, 2003
JUSTICDENIED.ORG: FED PROSECUTOR RICHARD "DICK" CONVERTINO INDICTED FOR MALICIOUS PROSECUTION AND DESTRUCTION OF EVIDENCE TO FRAME "9/11 TERROR" PATSIES
"What became known as the ‘”Detroit sleeper cell” terrorism case began six days after September 11, 2001, when a Detroit
apartment was searched by federal agents looking for a person on the FBI’s Terrorist Watch List. That man, Nabil al-
Marabh, was not found. It was the first post-9/11 terrorism trial in the U.S. On September 4, 2003, Richard "Dick" Convertino and his
co-counsel were removed from the case. The federal prosecutor who took over the case soon discovered that Convertino had failed to disclose significant Brady discovery evidence to the defendant’s lawyers. The concealed evidence included: multiple aerial photos of the military hospital; multiple exculpatory witness statements; the assessment of multiple government
analysts, including a CIA expert, that the day planner sketch did not match the hospital layout, and the suggestion of Air Force analysts that it was an outline of the Middle East. That Air Force assessment was consistent with Convertino’s failure to also disclose, “that Nasser Ahmed, a Yemeni man, had told [FBI Special Agent Michael] Thomas that his mentally
unstable brother Ali Ahmed might have been doodling in the day planner and drawn a map of the Middle East.” Among the evidence concealed by Convertino was that in a December 2002 letter to a man he had been in jail with, Hmimssa wrote that he
made up everything he told investigators about the defendant’s involvement in terrorism. The Washington Post reported that, Hmimssa wrote, “how he lied to the FBI, how he fooled the Secret Service agent on his case.” Convertino also failed to disclose the FBI statements by both Hmimssa and the roommate of Koubriti and Hannan detailing the life of debauchery the two men engaged in. Those statements completely discredit Convertino’s argument to the jury that the men were devout
Muslims engaged in a religious “jihad” against the West. Neither was it disclosed that after al-Marabh
was arrested, he told investigators he didn’t know any of the four defendants. Charged with an immigration law violation but not terrorism, al-Marabh pled guilty and was deported after serving an eight-month prison sentence. He was thus unavailable as a defense witness. Prosecutor Convertino filed a federal lawsuit on February 13, 2004, alleging harm from violations
of his rights under the Privacy Act. The irony of Convertino’s lawsuit is that more than two years after initiation of
the OPR’s investigation he was indicted. Convertino’s 38-page Complaint provides a rare public glimpse into the infighting, career positioning and paranoia that prevails within the inner sanctum of the U.S. Department of Justice. In March 2004 the DOJ launched a criminal investigation of Convertino. That investigation resulted in a Detroit grand jury’s issuance
of a four-count indictment on March 29, 2006. Named as defendants were Convertino and Harry Smith III. Count I alleges “Conspiracy to Obstruct Justice and Make False Declarations” relating to concealment of the military hospital photographs. Count II alleges “Obstruction of Justice,” stating in part that the defendants “… did corruptly influence, obstruct and impede, and corruptly endeavor to influence, obstruct and impede, the due administration of justice in the Koubriti case by presenting false and misleading evidence to and concealing contradictory evidence from the Court, defendants
and jurors, and by concealing such acts during a court ordered post-trial review.” Convertino and Smith were arraigned on
April 21, 2006. They stood mute when asked for their plea, so U.S. Magistrate Judge Donald Scheer entered not guilty pleas. Convertino has complained that his indictment is payback for his lawsuit against the DOJ, and his perceived disloyalty for complaining about the DOJ’s handling of terrorism cases. Convertino’s claim is revealing because it infers his deliberate elicitation of false testimony and illegal concealment of Brady evidence in the Koubriti case was the norm for him and
other federal prosecutors, since he claims he was only singled out for investigation after he went “off the reservation” and was no longer considered a loyal company man. After 15 years as an Assistant U.S. Attorney, Convertino resigned his $160,000 a year job in May 2005. 21 He started a criminal defense practice. There could be an expectation that his years of working the system to ensure the conviction of a defendant would be good training to help keep a defendant from being convicted.
That proved true in his first case, when in January 2006 he won an acquittal for a Michigan State Trooper charged with second degree murder and manslaughter for shooting an unarmed drunken man shuffling toward him with his pants down around his knees. The trooper’s defense was that he acted in self-defense because he was in fear of his life. He was acquitted even though the shooting was videotaped by a Detroit police car’s dashboard camera." United States v Koubriti, Hannan, El Mardoudi, CR NO. 01-80778 (USDC ED MI, S DIV); USDOJ Morford Report: On July 16, 2002, the House Committee Standards of Official Conduct convened a misconduct hearing and heard testimony from Richard Detore, who testified on Congressman James Traficant's behalf (broadcast on C-SPAN). Detore testified that the prosecutor, Craig Morford, was allegedly witness tampering, committing prosecutorial misconduct related to the alleged Youngstown, Ohio's Cafaro Company's involvement in tax fraud and mafia money-laundering. During Detore's second interview, Morford threatened that the IRS would audit him if he did not testify according to a "script", and that he would prove Detore committed bank fraud, which was false. Morford continuously attempted to harass, agitate and intimidate, "yelling, screaming, and throwing papers at" Defore for being "uncooperative", and warning him he "was getting on the wrong train." Subsequently, in the case entitled, US v. John Doe, Convertino was charged with conspiracy to conceal possibly exculpatory evidence from the defense and lying to a Federal judge. Harry Smith III, formerly a U.S. Department of State investigator, who had testified in the terrorism case prosecuted by Richard Convertino, was allegedly part of the conspiracy. Not turning the evidence over to the defense had led, at the government's request, to the court dismissal of the terrorism case prior to the charging of the case's prosecutor for the conspiracy. Convertino faced a maximum sentence of 30 years in prison and a $1 million fine. On October 31, 2007, a jury acquitted the prosecutor and the investigator. On August 30, 2007, Karim Koubriti, A Moroccan immigrant defendant in the Sleeper cell case whose conviction was overturned, filed a $9 million federal lawsuit against Convertino, claiming he violated his civil rights. In 2005, Convertino opened a private practice in suburban Detroit specializing in criminal and civil litigation, including malicious prosecution. He continues to have a winning track record. His firm's website is www.Convertino.net Convertino explained "I pulled it out of my ass" on Public Radio International’s (PRI’s) This American Life, in the episode The Prosecutor. In February 2010, United States Sixth Circuit Court of Appeals dismissed Koubriti's $9-million lawsuit against Convertino for malicious prosecution and withholding evidence, since the Sixth Circuit believes that is normal prosecutorial conduct that is sheilded by prosecutorial immunity. Karim Koubriti v Richard Convertino, No. 09-1016)
Findlaw - Federal Law Resources
Federal Rules of Criminal Procedure, Federal Rules of Civil Procedure, Federal Rules of Evidence, CFR, US Code, US Constitution
University of Tennessee Law Library
The ONLY law library open to the public in East Tennessee, located in Knoxville with the bars and head shops on the Cumberland Avenue Strip. Beware cop-killing car thieves driving tow trucks
Tennessee Pattern Jury Instructions - Criminal
T.P.I. -- CRIM 1.08 -- JURY: JUDGES OF FACTS AND LAW
"You are the exclusive judges of the facts in this case. Also, you are the exclusive judges of the law under the direction of the court. You should apply the law to the facts in deciding this case. You should consider all of the evidence in the light of your own observations and experience in life."
1. "This instruction must be given in each case."
Lists Essential Elements of most "crimes" that MUST be proven
Juries MUST vote on both Facts AND LAW, and MUST veto bad laws
Juries are drafted from registered voters ($10/day x 12 = $120/day trial costs if defendant loses)
Who Owns Your Car? Beware Vehicle Registration waiver of Title
Do You Know Who Owns Your Car? Tennessee Department of Revenue Operations Supervisor Denise Rottero Told Judge Greer how Tennessee's auto registration process works. The process begins with the "surrender" of the Manufacturer's Statement of Origin (MSO) by the auto dealer to the Department of Revenue in exchange for a Certificate of Title. Asked if a Manufacturer's Statement of Origin is proof of ownership, legal title to the automobile, Ms. Rottero said, "Yes"
"Are you telling me that ownership of an automobile must be surrendered to the State before it can be registered?" she was asked. "Surrender title, yes'" Rottero said. The certificate of title to your automobile is Not title, it's merely evidence that title exists. Your car's legal TITLE is the MSO, which the dealer surrendered to the State. Ms. Rottero said the MSO is put on microfilm for permanent keeping, the original is destroyed. After the trial, spectators expressed shock that their personal automobiles were actually owned by the state. "No wonder state law officers stop people for no reason!" said a housewife. "If your car's got a Tennessee plate, it's theirs, and they can do anything they like to you!" That's the law, but it's voluntary. No one but Judge Greer had dared say that if you don't surrender your car to the state in exchange for plates, you go to jail.
Tennessee Code §55-8-123. Driving on roadways laned for traffic.
Whenever any roadway has been divided into two (2) or more clearly marked lanes for traffic, the following rules, in addition to all others consistent herewith, shall apply:
(4) (A) Where passing is unsafe because of traffic in the opposite direction or other conditions, a slow-moving vehicle, including a passenger vehicle, behind which five (5) or more vehicles are formed in line, shall turn or pull off the roadway wherever sufficient area exists to do so safely, in order to permit vehicles following it to proceed. As used in this subdivision (4), a slow-moving vehicle is one which is proceeding at a rate of speed which is ten (10) miles per hour or more below the lawful maximum speed for that particular roadway at that time.
(B) Any person failing to conform with the provisions of subdivision (4)(A) shall receive a warning citation on first offense and be liable for a fine of twenty dollars ($20.00) on second offense, and fifty dollars ($50.00) on third and subsequent offenses.
[Note that a citation in lieu of arrest for a Class C misdemeanor crime still provides the option of making an immediate arrest, booking and jail, including an arrest by a private person using statutory and common law authority for "citizen's arrest", including citzen's arrest of criminals employed by "police" departments, as allowed by Tennessee Code 40-7-109 to 40-7-113; or this statute is grounds for Constitutional Equal Protection doctrine defense that this sentencing thus applies to ALL traffic "misdemeanors", thus banning ALL arrests and banning ALL traffic citations for "first offense"...]
Tennessee Code §55-12-106. Exceptions to requirement of security and revocation - Additional acceptable proof of financial security.
The requirements of security and revocation contained in this chapter shall NOT apply to:
(5) Any operator or owner of a motor vehicle involved in an accident wherein no injury or damage was caused to the person or property of anyone other than such operator or owner;
(7) Any owner or operator who shall submit, on or before the date of revocation, proof satisfactory to the commissioner of acceptance of liability for the accident and an agreement concerning the payment of damages satisfactory to all parties claiming damages.
(8) Vehicles owned by the United States, this state or any political subdivision of this state or any municipality therein, or to the operator of any such vehicle so owned, when such vehicle is involved in an accident;
(9) Any vehicle owned and operated by a carrier subject to the jurisdiction of the department of safety or the interstate commerce commission;
(13) An owner or operator of any vehicle where there is no physical contact with another vehicle or object or person, unless a judgment has been obtained;
(14) A driver or owner of a vehicle who has submitted to the commissioner on or before the date of revocation notarized releases executed by all parties who have previously filed claims with the department as a result of the accident;
(15) Any person who has obtained a discharge in bankruptcy that discharged all claims against the person because of the accident listed in the petition;
["Financial Responsibility" statute to require voluntary private insurance contract does NOT apply until after a person CAUSES a SERIOUS crash, AND THEN REFUSES TO PAY FOR DAMAGES, BUT ONLY IF THE TN HOMESTEAD EXEMPTION DOES NOT APPLY.
THUS MOTOR VEHICLE INSURANCE CONTRACT IS VOLUNTARY NOT MANDATORY, AND ALL TRAFFIC CITATIONS FOR "LACK OF INSURANCE" ARE BOGUS FRIVOLOUS TICKETS BASED UPON FELONY FRAUDULENT MISREPRESENTATION PERPED BY COPSTERS, MAYORS, PROSECUTORS AND JUDGES, AND FELONY FALSE ADVERTISING PERPED BY TELEVISION BROADCASTERS AND INSURANCE CORPORATION EXTORTIONISTS. AN INSURANCE CONTRACT NEVER PROTECTS THE CONTRACTEE FROM LEGAL CLAIMS IN EXCESS OF THE POLICY LIMITS, AND ANY CRASH CAN CAUSE MEDICAL EXPENSES FAR IN EXCESS OF POLICE LIMITS.]
Insurance fraud and false arrest in Tennessee
I just found that a friend of mine was stopped in Milan, TN. for no seatbelt. He showed his license and proof of insurance, and as soon as the officer ran his license he came back to the car and arrested him for suspended license. He had his 2 year old with him and he ended up calling a friend to come rescue him from the commotion. That's were the nightmare ensued. He was arrested because Progressive Insurance of Tennessee had called the local authorities to inform them that he had missed a payment and was, to their knowledge, un-insured. In response, The Fine State of Tennessee suspended his license, without notice !!! He didn't know they were suspended and had been driving 21 days before he found out by BEING ARRESTED !!!!!!! Why would Progressive Insurance do such a thing? Why would the State of Tennessee do such a thing? Are we just a bunch of cattle that are happy to feed with our head down while these Corporate giants slam us behind bars for "presumably" not having insurance. Where will this end? It won't !!! We have to band together to bring to the forefront these modern day highway bandits. I think the people responsible for such a travesty should be held accountable !!! Milan, TN. is known locally as Naziville... the law enforcement there is, to say the least, rogue. I love Tennessee and think it is a fine place to live, unfortunately there are allot of people content to let local Tax Paid Employees act in this way. Let's just go ahead and let this place go to the dogs... no one likes to live under a regime in America.... STOP THIS NOW !!! Pass this to every Tennesseean you know. Call for a ban on Insurance Shanghai of the offices in this State. I cannot offer proof on any of this, but, I have heard more horror stories than just this one... everybody can't be lying.... Our biggest asset is Tourism... if we run them off, what then? Tennessee against Shanghai Insurance... that's the message here.... Please pass this on... we can't be passive about this.
Tennessee Code §40-7-109. Arrest by private person - Grounds - How to Arrest Copsters
(a) A private person may arrest another:
(1) For a public offense committed in the arresting person's presence;
(2) When the person arrested has committed a felony, although not in the arresting person's presence; or
(3) When a felony has been committed, and the arresting person has reasonable cause to believe that the person arrested committed it.
Tennessee Code §40-12-105. Notice of grand jury meeting to be posted by court clerk - How to Arrest Copsters
(a) The clerk of the court having trial level criminal jurisdiction in each county of this state shall cause to be published, not less than thirty (30) days nor more than forty (40) days before the grand jury meets, the following notice in a newspaper of general circulation in the county:
"It is the duty of your grand jurors to investigate any public offense which they know or have reason to believe has been committed and which is triable or indictable in this county. Any person having knowledge or proof that such an offense has been committed may apply to testify before the grand jury subject to the provisions of Tennessee Code Annotated, § ________. The foreman in this county is presently: [Here list foreman and the foreman's address]
"The grand jury will next meet on __________, the ____________ day of ________, 20____, at ____________. You may be prosecuted for perjury for any oral or written statement which you make under oath to the grand jury, when you know the statement to be false, and when the statement touches on a matter material to the point in question."
(b) In addition to the other duties required by this section, the clerk shall post a written notice in the form set forth in subsection (a) in a place convenient to the public at the county courthouse.
(c) Failure by the clerk to perform the duties required by this section is a misdemeanor and grounds for removal from office.
Tennessee Code §55-10-207. Traffic citation in lieu of arrest
(f) The provisions of this section shall not be applicable to any person arrested for a violation of any of the offenses enumerated in § 55-10-203, or to any person arrested for a violation of any provision of this chapter or chapter 8, 9 or 50 of this title which is punishable by a fine of more than fifty dollars ($50.00) or by imprisonment for more than thirty (30) days.
Tennessee Code §39-16-403. Official oppression
(a) A public servant acting under color of office or employment commits an offense who:
(1) Intentionally subjects another to mistreatment or to arrest, detention, stop, frisk, halt, search, seizure, dispossession, assessment or lien when the public servant knows the conduct is unlawful; or
(2) Intentionally denies or impedes another in the exercise or enjoyment of any right, privilege, power or immunity, when the public servant knows the conduct is unlawful.
(b) For purposes of this section, a public servant acts under color of office or employment if the public servant acts, or purports to act, in an official capacity or takes advantage of such actual or purported capacity.
(c) An offense under this section is a Class E felony.
(d) Charges for official oppression may be brought only by indictment, presentment or criminal information; provided, that nothing in this section shall deny a person from pursuing other criminal charges by affidavit of complaint.
2 years in prison for copsters
Tennessee Code §39-12-203 Racketeer and Corrupt Organizations Act (RICO)
"'Enterprise' means any individual, sole proprietorship, partnership, corporation, business trust, union chartered under the laws of this state, or other legal entity, or any unchartered union, association or group of individuals associated in fact although not a legal entity, and it includes illicit as well as licit enterprises, AND GOVERNMENTAL, as well as other, entities."
Tennessee Code §55-50-301. License required - Requirements - Exception.
"Every person applying for an original or renewal driver license shall be required to comply with and be issued a classified driver license meeting the following requirements:
(1) "No person, except those expressly exempted in this section, shall drive any motor vehicle upon a highway in this state unless such person has a valid driver license under the provisions of this chapter for the type or class of vehicle being driven;"
(If you don't "apply" for a voluntary Driver License contract, then the "vehicle code" does not apply, which is why 30-Million criminal alien terrorists who are currently in USA do not have to comply with motor vehicle laws, and are granted immunity from prosecution.)
Tennessee Code §55-50-304. Persons exempt from licensing
"The following persons are exempt from licensing under this chapter:
5 (B) "In order to facilitate the growth of international commerce in Tennessee, an individual who is not a citizen of the United States and who is employed in a managerial or technical position in this state may, in connection with employment, operate a motor vehicle in this state for a period up to six (6) months under a valid driver's license issued by another state, country or international body;"
Uniform Commercial Code (UCC) § 1-207. Performance or Acceptance Under Reservation of Rights.
(1) A party who with explicit reservation of rights performs or promises performance or assents to performance in a manner demanded or offered by the other party does not thereby prejudice the rights reserved. Such words as "without prejudice", "under protest" or the like are sufficient.
[ALL Driver Licenses and Vehicle Registrations are "voluntary" but fraudulent slave contracts. ALL contracts are VOIDED when contract is coerced under duress, or without a "meeting of the minds" since it is humanly impossible even for lawyers to read millions of pages of motor vehicle code in Driver License contracts.]
Tennessee Code §47-1-207 (UCC)
[now TCA §47-1-308. Performance or acceptance under reservation of rights]
Title 47. Commercial Instruments And Transactions
Chapter 1. Uniform Commercial Code - General Provisions
(1) "A party who, with explicit reservation of rights, performs or promises performance or assents to performance in a manner demanded or offered by the other party does not thereby prejudice the rights reserved. Such words as 'without prejudice,' 'under protest' or the like are sufficient."
[how to sign your name to Driver License, Vehicle Registration and Traffic Citation slave contracts, and is also a great idea for all adhesion contracts, such as bank loans and employment contracts, to avoid waivering all your legal rights]
Tennessee Code §47-1-207 (UCC)
[SEE TCA §47-1-308. Performance or acceptance under reservation of rights, 2009]
Public Chapter 66
SENATE BILL NO. 936
Substituted for: House Bill No. 661
By Fitzhugh, Rhinehart, Curtiss, Pinion, Clabough [Blount County]
AN ACT To amend Tennessee Code Annotated, Section 47-1-201(20); Section 47-1-201(24); Section 47-1-201(43); Section 47-1-207 and Section 47-2-511(3).
WHEREAS, The State of Tennessee has adopted revised Article 3 and revised Article 4 to the Uniform Commercial Code (Tennessee Code Annotated, Title 47, Chapters 3 and 4); and
WHEREAS, Certain conforming and technical amendments to Article 1 and Article 2 were not previously adopted; and
WHEREAS, It is the desire of the Tennessee General Assembly to adopt the uniform language of these conforming amendments; now, therefore,
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 2. Tennessee Code Annotated, Section 47-1-207, is amended by deleting the existing language in its entirety and by substituting instead the following:
(1) A party who, with explicit reservation of rights, performs or promises performance or assents to performance in a manner demanded or offered by the other party does not thereby prejudice the rights reserved. Such words as "without prejudice", "under protest" or the like are sufficient.
(2) Subsection (1) does not apply to an accord and satisfaction.
SPEEDING TICKET SEMINAR
"Sign your driver license 'WITHOUT PREJUDICE' and/or '1-207-UCC' [Uniform Commercial Code, NOW REVISED TO 2-207-UCC?]. I wish to travel as a Constitutional right to travel. I'm not in a state-regulated commercial enterprise. I'm not a party to this 'voluntary' contract. My signature was made against my will and under duress."
–Pastor Rick Strawcutter (certified paralegal and registered law school student), video T818, 12/20/99
How to sign a contract: Tennessee car dealerships
After Melissa Buck went to Bill Heard Chevrolet in Antioch and bought a 2004 Chevy Trailblazer, she felt she'd been ripped off. "So I pushed this button," Buck tells NewsChannel 5 consumer investigator Jennifer Kraus. And that, she says, confirmed her fears. "We would like to congratulate you on your ‘04 Trailblazer," a voice said. It's a recording that'd been left on the car's message system by the salesmen at Bill Heard that closes with this zinger: "I know you got fucked, but still in the long run, you're going to be happy with it. So, take care!" "It's not something where you go, ‘Oh, I can't believe I just did that,'" recalls Glenn Radford, who was a finance manager at Bill Heard for three years. "It's like, "Yeah. I just got them. I just stuck it to ‘em." Mary Herron worked as both finance and customer service manager. "In the three years that you were there, this is the way Bill Heard did business?" Jennifer Kraus asked Herron. "Yes," she replied. Remember Earl Kieselhorst? Two days after he bought a truck this summer, Bill Heard took it from his driveway in the middle of the night. "You see this repeatedly at Bill Heard," Herron says. Bill Heard told Kieselhorst that he'd gotten a deal that was just too good and he was going have to pay $10,000 more if he wanted the truck back. When Melissa Buck was asked to bring her car back, she said she wanted her trade-in back. "And they said, ‘No, no, no, we can't do that,'" Buck recalls. Bill Heard usually won't return a customer's trade-in even though the law says they're supposed to. "That's actually company policy," the anonymous manager adds. "We'll tell them the trade is sold. We didn't know. We can't get it back." Glenn Radford says that salesmen would then tell customers, "I'd love to give it to you, but it's sold. It's already gone. I'm sorry." Melissa Buck remembers, "I thought, well, how am I going to go home?" And that leaves customers right where Bill Heard wants them. Radford says the salesmen had the answer: "Well, I've got this over here for you." That's how Buck says she wound up with a Trailblazer, even though it was nearly $250 dollars more a month than the new car she'd had. Knoxville car dealerships brag, Then there's Nancy Luna who still has no idea how she wound up paying more than $26,000 for a Chevy Malibu at Bill Heard when the sticker price was just $19,000. "How closely did you look at what you were signing?" Kraus asked Luna. "Probably not as close as I should have," she answers. The unidentified manager says, "They just say, ‘Sign here and here and here and over here' -- and people will sign." "It was just the way they rushed it at me," Luna said. The manager adds, "They don't know what the hell they're signing." Former managers, in fact, say customers are often signing blank sales contracts. "Why are they given a blank form?" Kraus asks Herron. "So they can make their changes," the former finance manager replies. Bill Heard employees, they say, will then sometimes raise the price of the car -- even add hefty cash bonuses for themselves. "It is easy to take advantage of those guys - easy," the unidentified manager adds. "We knocked that customer's head off!" as do all other dealerships in USA.
Robert's Rules of Order of 1915 - How to talk in public forums like city councils and county commissions, and how unelected citizens can to make oral motions to give those legislatures lawful orders. Free download
WARNING: Man passes breathalyzer with 0.00% score, arrested for DUI
When Russell Errett went out to play a game of pickup basketball with friends April 19, he didn’t expect it to cost him thousands of dollars and end up in a court case. But that’s exactly where it is headed.
Errett, 50, was charged with operating a motor vehicle while intoxicated and weaving outside lanes of traffic. “It makes no sense to me,” said Errett’s attorney, James Linehan. “He cooperated with police, took the breathalyzer test and scored zeros, and yet he was still cited for OVI (Operating a motor vehicle while intoxicated). Clearly he wasn’t intoxicated.”
City Prosecutor Terre Vandervoort said her office had started reviewing the case on Wednesday. “We are talking to the officers who were present, reviewing any video tape,” Vandervoort said. “There could be a number of reasons why someone could not score on breathalyzer and still be cited. We are certain he was driving in a way that was putting other people in risk. We are in the process of reviewing everything.” Errett had gone out earlier on that Thursday with friends, according to police reports. He had told the officer who had pulled him over he had a beer earlier in the day, but that was all. “He was the designated driver for his friends,” Linehan said. “They were drinking but he wasn’t. He was taking them home when he got pulled over. Lancaster police patrolman J.D. Devereaux stopped Errett’s Lincoln LS sedan at 12:47 a.m. A review of the police reports and the supplementary investigation report say Errett was polite, but failed the field sobriety test. Errett was then read his Miranda rights and arrested; his car was impounded. Errett readily agreed to take the breathalyzer test, maintaining his innocence. He told the officer he had been confused and nervous when taking the field sobriety test. When he took the test, the result came back with all zeros. He had no alcohol in his system. “The legislature, the courts and law enforcement officers all want people to take a breath test when requested by law enforcement. Fair enough,” Linehan said. “But why take the test if being completely innocent is no defense against being arrested for a crime you didn’t commit? If I get a call from a potential client at 3 a.m. don’t I have to tell him, ‘Yeah you could take the test, but even if you test .000, you will still be arrested?’” Errett was given the ticket, had to put up a $1,000 bond, pay to get his car out of the impound lot and hire an attorney with his trial scheduled for later this month. “Coming on the heals of the sanctions against Prosecutor Attorney Mike Nifong in the Duke rape case, it is my hope that we have reached a point where it is no longer acceptable for the state to continue to prosecute innocent people. There should be some sanction for arresting someone the officer should reasonably know to be innocent,” Linehan said. “In this case the officer had a scientific test, a scientific test which officers ask juries to believe everyday, which told the officer that my client was innocent,” Linehan said. “And even with the knowledge that my client was innocent, he was still charged. The state should be held accountable for that. My client has been unfairly embarrassed and has had to expend attorney fees for a crime he didn’t commit. At an absolute minimum he is owed an apology and the community is owed an explanation as to why our officers are arresting people they know to be innocent.” Vandervoort said after they have reviewed the case, it may still go to trial, or the charges may be dropped or altered. Lancaster Eagle Gazette, "Man passes breathalyzer, cited anyway," DUIblog.com May 2007
Judge Sentences Ex-Prosecutor Nifong to 1 Day in Jail
A judge has sentenced disgraced prosecutor Mike Nifong to one day in jail for lying to a judge while pursuing the Duke lacrosse rape case. Nifong will serve his time beginning 9 a.m. September 7 and will end 9 a.m. September 8. Nifong, who was disbarred for his actions in prosecuting the discredited case, was initially asked to recount his career history, his personal policy of turning over evidence to defense attorneys in cases he prosecuted, and how he became involved in the lacrosse case after noticing an affidavit on an office copy machine. Defense attorneys have asked Superior Court Judge W. Osmond Smith III to punish Nifong for telling the court he disclosed all DNA testing results in the lacrosse case, when he in fact knew, and failed to reveal, the presence of the unidentified genetic material to defense attorneys. If held in contempt, Nifong faces up to 30 days in jail and a fine of up to $500. Nifong ultimately recused himself from the case after being charged with ethics violations, and state prosecutors who took over the case dropped all charges against the three men and declared them innocent victims of a "tragic rush to accuse." Nifong was disbarred in June for more than two dozen violations of the state's rules of professional conduct during his prosecution of the lacrosse case. He resigned a month later as district attorney.
Nifong: The Dog Ate My Law License
In a pathetic end to the Mike Nifong saga, the disgraced North Carolina prosecutor who handled the Duke rape investigation has turned in his law license, noting that he never framed or displayed the document because it had been damaged "by a puppy in her chewing stage." Nifong confessed that he never practiced law with the "mandatory law license" card... That's prosecuted in criminal court as UPL - Unauthorized Practice of Law.
Virginia passes another Communist law in violation of the Constitution
“The General Assembly dubbed the law the 'Dangerous Driver Law,' but it is much more far reaching than that,” said Tommy Moore, clerk of the Botetourt Circuit Court. It will keep the clerk's office busy collecting the first of three annual civil fee payments from drivers convicted of any number of traffic violations. The civil fees will be on top of traffic fines courts impose, and are part of the new financial package to help fund Virginia's beleaguered highway department. For instance, an offender charged and convicted of reckless driving for going 20 mph over the speed limit would pay the traffic fines and court costs, plus be accessed a $1,000 civil fee. Instead of direct taxes to fund transportation, some are calling the civil penalties “hidden fees.” They range from $250 to $3,000, depending on the traffic violation, and will be assessed on a variety of misdemeanor traffic violations including being a passenger in a hit and run or the failure to give a proper signal. Play an R or X rated movie on the van DVD player and if it is seen by someone in another vehicle, a driver can be charged and fined with having an obscene video image seen from outside the car. The civil fee is $300. The fees will be hitting many of those who can least afford to lose a driver's permit, and the fallout could keep people from being able to work or pay child support, and that is already a part of the downward spiral many traffic offenders are already facing, said both Branscom and Moore, who see dire effects with the new set of civil fees. “Judges have no leeway with the new law,” said Branscom. which means they cannot reduce or suspend the civil fees. BULLSHIT. HOMESTEAD EXEMPTION AND AFFIDAVIT OF INDIGENCY VOIDS ALL CIVIL FINES AND COURT COSTS. THIS BOGUS LAW CANNOT SURVIVE APPEAL USING THE CONSTITUTION. THIS WHY IT'S CRITICAL FOR DRIVERS TO EXERCISE THEIR RIGHT TO FIGHT IN TRAFFIC COURT.
Nazi pedophile King of Satanic Mafia tax-free Vatican Nation issues 10 Commandments for illegal alien drivers to overthrow USA - Got road rage? The Vatican on Tuesday issued a set of "Ten Commandments" for drivers, telling motorists to be charitable to others on the highways, to refrain from drinking and driving, and to pray you make it before you even buckle up. An unusual document from the Vatican's office for migrants and itinerant people also warned that automobiles can be "an occasion of sin" -- particularly when they are used for dangerous passing or for prostitution. It warned about the effects of road rage, saying driving can bring out "primitive" behavior in motorists, including "impoliteness, rude gestures, cursing, blasphemy, loss of sense of responsibility or deliberate infringement of the highway code." It urged motorists to obey traffic regulations, drive with a moral sense, and to pray when behind the wheel. Cardinal Renato Martino, who heads the office, told a news conference that the Vatican felt it necessary to address the pastoral needs of motorists because driving had become such a big part of contemporary life. It also pointed the finger at traffic problems particular to Rome, including "minicars" that teens can drive without full driving licenses, and "the reckless use of motorbikes and motorcycles." It called for drivers to obey speed limits and to exercise a host of Christian virtues: charity to fellow drivers, prudence on the roads, hope of arriving safely and justice in the event of crashes. And it suggested prayer might come in handy -- performing the sign of the cross before starting off and saying the Rosary along the way. The Rosary was particularly well suited to recitation by all in the car since its "rhythm and gentle repetition does distract the driver's attention." "We know that as a consequence of transgressions and negligence, 1.2 million people die each year on the roads," Martino said. "That's a sad reality, and at the same time, a great challenge for society and the church." And illegal aliens murder 2 dozen US citizens every day, soon to be 22 dozen murders per day.
Vatican Nation: Drivers' Ten Commandments
You shall not kill.
The road shall be for you a means of communion between people and not of mortal harm.
Courtesy, uprightness and prudence will help you deal with unforeseen events.
Be charitable and help your neighbor in need, especially victims of accidents.
Cars shall not be for you an expression of power and domination, and an occasion of sin.
Charitably convince the young and not so young not to drive when they are not in a fitting condition to do so.
Support the families of accident victims.
Bring guilty motorists and their victims together, at the appropriate time, so that they can undergo the liberating experience of forgiveness.
On the road, protect the more vulnerable party.
Feel responsible toward others.
Constitutional Right to Travel: Billionaire Paris Hilton jailed 45 days without a conviction as prosecutor's wife drives without a license - Mexican prosecutor's Mexican wife arrested for crashing without a license and without jail sentence. Why confessing to police and testifying against yourself are bad ideas. City Attorney Rocky Delgadillo was the one apologizing for keeping quiet about a 2004 accident in which his wife crashed his city-issued vehicle -- while driving on a suspended license. "I realized that I should have spoken up earlier. That was a mistake," Delgadillo said at a news conference. "I mishandled the situation and I apologize." Delgadillo insisted his wife did not receive any special treatment. He also said his wife's violation is not comparable to the Paris Hilton case. "Paris Hilton was driving drunk, was on a probation ... she violated that probation more than once," he said. "My wife had a suspended license and then she received a ticket. She was never driving drunk." Note that Paris Hilton was never convicted of DUI, therefore she can sue the prosecutor for slander, among his many other crimes. Michelle Delgadillo's license was suspended beginning in July 2004 after her personal vehicle "bumped another car" earlier that year, said Delgadillo's spokesman, Nick Velasquez. She did not file a report to the state motor vehicles department, but the other driver did. When she didn't provide proof of insurance to the DMV, her license was suspended "unbeknownst to her," Velasquez said. The same month her license was suspended, she crashed her husband's city-issued GMC Yukon into a pole. She was ticketed in September 2005 for failing to obey a turn-only sign and paid a $186 fine, but was not cited for having a suspended license. "She discovered her license was suspended when she went to the DMV to get a new license," he said. Delgadillo said he reimbursed the city Monday for the $1,222 repair bill. Delgadillo said he did not initially pay the cost because he believed that city policy allowed for personal use of the vehicle, which is felony theft and embezzlement.
Under city rules, city vehicles assigned to elected officials such as Delgadillo cannot be driven by a family member for personal reasons.
Constitutional Right to Travel with Meth (Desoxyn TM): US Supreme Court orders that passengers may contest legality of traffic stops - Passengers stopped in cars by the police are "seized," the Supreme Court said Monday, and therefore have a right to contest the legality of the stop if they are searched and arrested. Justice David H. Souter said "any reasonable passenger" of a car stopped by the police would understand the need not to depart unless given permission by the officer. The 9-0 ruling, which clarifies the law on traffic stops, overturns the view of state courts in California, Colorado and Washington, which have ruled that the passenger has no constitutional right to challenge the propriety of the initial traffic stop. Whether the passenger in the case before the court Monday will succeed in such a challenge will have to be determined by further litigation. Typically, when officers stop a car, they question the driver. They may also inspect the passengers to make sure they do not have weapons. On some occasions, these traffic stops turn into drug arrests when officers find drugs or weapons on a passenger. Monday's ruling is likely to prove significant, however, only in cases in which police did not have a valid reason for stopping a car in the first place. The case began in November 2001 when a police officer in Yuba City, Calif., saw what he thought was an expired registration tag and pulled over a Buick driven by Karen Simeroth. His suspicion was unfounded, and the temporary tag was valid. The front-seat passenger was Bruce Brendlin, whom the officer recognized. The officer asked Brendlin to get out of the car and, after patting him down, discovered syringes and a plastic bag with a green leafy substance. That triggered a further search of the car, and Brendlin was arrested and later convicted of making methamphetamine. The driver was not charged with any offense. The Fourth Amendment to US Constitution forbids "unreasonable searches and seizures" by the government, and the Supreme Court in the past had said that persons are seized by authorities when they are stopped, and they are not free to leave.
Maxims of Law - An established principle or proposition. A principle of law universally admitted, as being just and consonant with reason. Maxims in law are somewhat like axioms in geometry. They are principles and authorities, and part of the general customs or common law of the land; and are of the same strength as acts of parliament, when the judges have determined what is a maxim; which belongs to the judges and not the jury. Maxims of the law are holden for law, and all other cases that may be applied to them shall be taken for granted. The application of the maxim to the case before the court, is generally the only difficulty. The true method of making the application is to ascertain how the maxim arose, and to consider whether the case to which it is applied is of the same character, or whether it is an exception to an apparently general rule. The alterations of any of the maxims of the common law are dangerous. Bouvier's Law Dictionary, 1856
Maxims of Law relating to the Natural property right to travel versus fraud to coerce signing a voluntary driver license contract under Roman Civil Law -
Bouvier's Law Dictionary 1856, click link for full citations. Also in Appendix of the current Black's Law Dictionary. A maxim is so called because its dignity is chiefest, and its authority most certain, and because universally approved by all. Consensus facit legem. Consent makes the law. A contract is a law between the parties, which can acquire force only by consent. No one is bound to do what is impossible. An action is not given to him who has received no damages. An act done by me against my will, is not my act. An act does not make a person guilty, unless the intention be also guilty. This maxim applies only to criminal cases; in civil matters it is otherwise. A twisting of language is unworthy of a judge. A good judge decides according to justice and right, and prefers equity [fairness] to strict law. Let the purchaser beware. Beware of fragments. A clause in a law which precludes [make impossible] its abrogation [legal cancellation], is invalid from the beginning. No one is punished for merely thinking of a crime. A confession made in court is of greater effect than any proof. A custom introduced against reason ought rather to be called an usurpation than a custom. The law never suffers anything contrary to truth. But sometimes it allows a conclusive presumption in opposition to truth. The agreement of the parties makes the law of the contract. A contract founded on a base and unlawful consideration, or against good morals, is null. The agreement of the parties overcomes or prevails against the law. Whoever pays by mistake what he does not owe, may recover it back; but he who pays, knowing he owes nothing; is presumed to give. It is a fault to meddle with what does not belong to or does not concern you. Time runs against the slothful and those who neglect their rights. The practice of the court is the law of the court. The law does not notice or care for trifling matters. Sunday is not a day in law. A deceiver deals in generals. Every man's house is his castle. Equality is equity. Error of law is injurious. An error not resisted is approved. Violence may also put on the mask of law. Out of fraud no action arises. A contract cannot arise out of an act radically wrong and illegal. No actions arises on a naked contract without a consideration [payment]. One out of the pale of the law, (an outlaw,) is civilly dead. One who exercises jurisdiction out of his territory is not obeyed with impunity [exemption from punishment]. An act of a judge which does not relate to his office, is of no force. Negative facts are not proof. The faculty or right of offering proof is not to be narrowed. False in one thing, false in everything. Fiat justitia ruat caelum. Let justice be done, though the heavens should fall. Felony is included or implied in every treason. Women are excluded from all civil and public charges or offices [thus exempt from work, taxes and daycare contracts]. It is a fraud to conceal a fraud. Fraud and deceit should excuse no man. Fraud and justice never agree together. What belongs to us cannot be transferred to another without our consent. But this must be understood with this qualification, that the government may take property for public use, paying the owner its value. The title to property may also be acquired, with the consent of the owner, by a judgment of a competent tribunal. It is the same thing to say nothing and not to say it sufficiently. To be able to know is the same as to know. This maxim is applied to the duty of every one to know the law. It is the same thing not to exist and not to appear. We may do what is allowed by law. Ignorance of fact may excuse, but not ignorance of law. The ignorance of the judge is the misforture of the innocent. If in a contract for a loan there is inserted a clause that the borrower shall not be answerable for fraud, such clause is void. In a fiction of law, equity always subsists. He who ratifies a bad action is considered as having ordered it. No one can be judge in his own cause. That which is infinite or endless is reprehensible in law. Iniquum est ingenuis hominibus non esse liberam rerum suarum alienationem. It is against equity to deprive freeman of the free disposal of their own property. Co. Litt. 223. See 1 Bouv. Inst. n. 455, 460. No one is obliged to accept a benefit against his consent. But if he does not dissent he will be considered as assenting. The judge is the speaking law. To a judge who exceeds his office or jurisdiction no obedience is due. The right of blood and kindred cannot be destroyed by any civil law. The laws of nature are unchangeable. He who makes oath is to be believed in judgment. To swear is to call God to witness, and is an act of religion. Law is the science of what is good and evil. A public right cannot be changed by private agreement. Justice is not to be denied nor delayed. Gross negligence is equal to fraud. The contract makes the law. Human laws are born, live and die. When laws imposed by the state fail, we must act by the law of nature. The custom of fixing and refixing (making and annulling) laws is most dangerous. Fictions arise from the law, and not law from fictions. The forces no one to do vain or useless things. The law requires nothing impossible. The law commands not useles things, because useless labor is foolish. The body of a freeman does not admit of valuation. Long possession produces the right of possession, and takes away from the true owner his action. Gross negligence is a fault, gross fault is a fraud. The more common the evil, the worse. An evil custom is to be abolished. A minor before majority cannot act in a case of property, nor even agree. It is a miserable slavery where the law is vague or uncertain. The smallest circumstance may change the law. Manner and agreement overrule the law. A multitude of ignorant practitioners destroys a court. Necessity makes that lawful which otherwise is unlawful. Necessity has no law. Necessity overcomes the law. No one is allowed to incapacitate himself. No one is considered as committing damages, unless he is doing what he has no right to do. No one can give who does not possess. A citizen cannot be taken by force from his house to be conducted before a judge or to prison. This maxim in favor of Roman liberty is much the same as that "every man's house is his castle." No one should interfere in what no way concerns him. One cannot transfer to another a right which he has not. No one is restrained from using several defences. No one is bound to accuse himself. No one is bound to arm his adversary. He who errs does not consent. He does not appear to have retained his consent, if he have changed anything through the means of a party threatening. A reasonable custom is to be obeyed like law. All things are presumed to be done legitimately, until the contrary is proved. All rules of law are liable to exceptions. Plain truths need not be proved. A privilege is, as it were, a private law. Things taken from public enemies immediately become the property of the captors. Things which belong to the person ought not to be separated from the person. Things introduced contrary to the reason of the law, ought not to be drawn into precedents. Transactions between strangers may benefit, but cannot injure, persons who are parties to them. Although the law speaks generally, it is to be restrained when the reason on which it is founded fails. He who uses his legal rights, harms no one. He who betrays his country, is like the insane sailor who bores a hole in the ship which carries him. He who does not forbid what he can forbid, seems to assent. He who is silent appears to consent. Set him who wishes to be deceived, be deceived. Any one may renounce a law introduced for his own benefit. To this rule there are some exceptions. What is necessary is lawful. Whenever there is a doubt between liberty and slavery, the decision must be in favor of liberty. Positive rules of law [man-made law vs natural law or God's law] will be receded from, rather than crimes and wrongs should remain unpunished. This applies only to such maxims as are called placita juris; these will be dispensed with rather than crimes should go unpunished, quia salus populi suprema lex, because the public safety is the supreme law. In default of the law, the maxim rules. Regularly a contract not to alienate my property is not binding. The order of things is confounded if every one preserves not his jurisdiction. It is a miserable state of tings where the law is vague and uncertain. A thing adjudged makes what was white, black; what was black, white; what was crooked straight; what was straight, crooked. The answer of one witness shall not be heard at all. This is a maxim of the civil law, where everything must be proved by two witnesses. A traitor is punished, that by the death of one, all may not perish. To write is to act. Written obligations are dissolved by writing, and obligations of naked assent by similar naked assent. Power should follow justice, not preced it. Hope is the dream of the vigilant. The commonwealth perishes, if respect for magistrates be taken away. Things are worth what they will sell for. Everything is permitted, which is not forbidden by law. Where damages are given, the losing party should pay the costs of the victor. Where there is no deed committed, there can be no consequence. Where the law is uncertain, there is no law. Where there is no authority to enforce, there is no authority to obey. One absurdity begin allowed, an infinity follow. In the same manner in which a thing is bound, it is loosened. The laws serve the vigilant, not those who sleep upon their rights. Husband and wife are considered one person in law [but a spouse is not liable for debts in states that allow "tenancy in the entirety"]. What a man cannot transfer, he cannot bind by articles. When the common law and statute law concur, the common law is to be preferred. Pirata est hostis humani generis. A pirate is an enemy of the human race. 3 Co. Inst. 113 There is no fiction without law.
Constitutional Right to Travel: New York City pays $29,000 for arresting topless woman - A woman arrested for exposing her breasts has accepted a $29,000 settlement from the city, her lawyer said. Jill Coccaro, 27, was arrested on a topless stroll two years ago, despite a 1992 state appeals court ruling that concluded women should have the same right as men to take off their shirts. Coccaro, who now goes by the name Phoenix Feeley, remained in custody for 12 hours before she was told prosecutors were not going to pursue charges. Her attorney, Jeffrey Rothman, told the Daily News that his client won the civil rights settlement from the city, which did not admit or deny wrongdoing. "We hope the police learn a lesson and respect the rights of women to go topless," Rothman said. Feeley told the New York Post that she was not treated well after her August 4, 2005, arrest in Manhattan's Lower East Side section. She claimed in an October lawsuit that a police officer yanked her out of a patrol car by her hair and police took her to a hospital for a psychiatric evaluation. She told the newspaper she had gone bare-breasted after running the 2004 city marathon without police bothering her. "I've always just felt that was something natural," Feeley said of going topless. "I've kind of always done it out of practicality."
First of all, you have a Constitutionally guaranteed God-given right to travel, by any mode of transporation, whether driving, boating, flying or riding, for non-commercial not-for-hire purposes, without any regulation/licensing/ticketing/passport, extorted at gunpoint by police state death squads.
"Court finds $27,500 fine for second offense driving on a revoked license to be excessive."
—State vs Taylor, 70 S.W.3d 717 (Tenn. 2002)
"The Right of the Citizen to travel upon the public highways by 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 Constitutional guarantee."
-II Am.Jur. (1st) Constitutional Law, Sect.329, p.1135
"Where rights secured by the Constitution are involved, there can be no rule making or legislation which would abrogate them."
-U.S. Supreme Court, Miranda vs. Arizona, 384 US 436, 491
"It is emphatically the province and duty of the judicial department [the judicial branch] to say what the law is. Those who apply the rule to particular cases, must of necessity expound and interpret that rule. If two laws conflict with each other, the courts must decide on the operation of each. So if a law [e.g., a statute or treaty] be in opposition to the constitution, the court must determine which of these conflicting rules governs the case. This is of the very essence of judicial duty. If then the courts are to regard the constitution; and the constitution is superior to any ordinary act of the legislature; the constitution, and not such ordinary act, must govern the case to which they both apply. Those then who controvert the principle that the constitution is to be considered, in court, as a paramount law, are reduced to the necessity of maintaining that courts must close their eyes on the constitution, and see only the law [e.g., the statute or treaty]. This doctrine would subvert the very foundation of all written constitutions. Why does a judge swear to discharge his duties agreeably to the constitution of the United States, if that constitution forms no rule for his government? if it is closed upon him and cannot be inspected by him. If such be the real state of things, this is worse than solemn mockery. To prescribe, or to take this oath, becomes equally a crime. It is also not entirely unworthy of observation, that in declaring what shall be the supreme law of the land, the constitution itself is first mentioned; and not the laws of the United States generally, but those only which shall be made in pursuance of the constitution, have that rank. Thus, the particular phraseology of the constitution of the United States confirms and strengthens the principle, supposed to be essential to all written constitutions, that a law repugnant to the constitution is void, and that courts, as well as other departments, are bound by that instrument."
-U.S. Supreme Court, Marbury v. Madison, 5 U.S. (1 Cranch) 137 (1803)
"There can be no sanction or penalty imposed upon one because of this exercise of constitutional Rights."
-Snerer vs. Cullen, 481 F. 946
"The claim and exercise of a constitutional right cannot be converted into a crime."
-Miller v. US, 230 F 486, 489
"Government control of communication and transportation."
-Communist Manifesto, 6th Plank
Any cop, prosecutor or judge who says otherwise is a an idiot or a traitor. No boat driver or ultralight pilot has a "license" in USA today. Most scooters don't require a license. Many automobile drivers don't need a license nor vehicle tags in USA, when they're govt employees (per TN Code).
If any of you cops want to be smart, and obey your oath of office to enforce the Constitutions, then immediately arrest your commanders when they give illegal orders for illegal quotas for "contacts". Until then, quit pretending you're a cop, and accept the fact you're just another gangbanger.
50-million illegal aliens are not required to have driver licenses nor ID in USA. Nor do they pay taxes. But they get Social Security pensions after 1 year in USA, or zero years in 100,000s of cases (up to $60,000 a year), when US citizens have to pay 10 years of taxes first.
All courts agree that no govt has authority to require any person to buy a driver license contract. Which is why any driver with a suspended or revoked license can always buy a Restricted License (for travel to work or doctor). This is a CONFESSION by psycho Big Brother that govt has no authority to restrict travel, since to do so would be a death sentence.
Without a voluntary internal passport driver license contract, signed without duress or fraudulent concealment, then no court has jurisdiction over traffic tickets for alleged breach of civil driver license contract. Duress voids all contracts from their inception. There are literally millions of pages of court verdicts that order that all contracts must be voluntary, including in every criminal case ever decided in US history, including in every criminal court in USA today.
These are literally slave contracts. The original Constitution allowed slavery, because it was presumed under the Contract Clause that all slaves "volunteered" for their slavery. The first slaves sold in USA were white Europeans...
"A US man has been rejected in his bid to become a police officer
for scoring too high on an intelligence test. Robert Jordan, a
49-year-old college graduate, took an exam to join the New London
police, in Connecticut, in 1996 and scored 33 points, the equivalent of
an IQ of 125. But New London police interviewed only candidates who
scored 20 to 27, on the theory that those who scored too high could get
bored with police work and leave soon after undergoing costly training.
Mr Jordan launched a federal lawsuit against the city, but lost. The 2nd
U.S. Circuit Court of Appeals in New York upheld a lower court's
decision that the city did not discriminate against Mr Jordan because
the same standards were applied to everyone who took the test. The
average score nationally for police officers is 21 to 22, the equivalent
of an IQ of 104, or just a little above average." —Ananova.com,
candidate for being too intelligent"
"Dumb cops, dumb cops, whatcha gonna do, whatcha going to do with
a low IQ?" —Jay Leno (comedic Italian-American, motorhead
collector, biker gangster, and rider of a
266MPH street-legal jet-engined All-American sportbike), NBC TV,
Tonight Show (fired in September 2004 for telling one too many
George-Bush jokes at "election" time)
Biker cop in Nazi helmet and Police State Death Squad censor winning tips in Traffic Court
and I thought you had been banned.. I guess its been lifted. I suggest some of you look at this guys history before you start taking his advice.. site:www.piratenews.org appellant - Google Search. Take a read at some of his complaints where he refers to the officer asking to sign a citation as an armed gunman who made him sign out of fear of assault or murder by the police state death squads.
-MeanMike, Sportbikes.net, Suspended license, 06-03-2008
UPDATE: "TN state rep candidate Tona Ball telephoned me today to report that she won her speeding ticket trial/appeal today in Knox County Circuit Court, using the legal argument I told her to use, since that's the legal argument I used to win my appeal in that same court. The city attorney failed to enter into evidence a certified copy of the city ordinance during the plaintiff's case in chief. Under Rule 202 of TN Rules of Evidence, judges in state court are not allowed to take judicial notice of city ordinances. But I can't report that victory on Sportbikes.net, SmokyMountainRiders.com, or East TnRiders.com, because I've been banned by police state death squads, govt titsuckers and cop-brownnosers who police, er, "moderate" those forums."
-John Lee, Pirate News TV and DealsGapDragon.com, June 5, 2008
(a) Mandatory Judicial Notice of Law. —The court shall take judicial notice of (1) the common law, (2) the constitutions and statutes of the United States and of every state, territory, and other jurisdiction of the United States, (3) all rules adopted by the United States Supreme Court or by the Tennessee Supreme Court, and (4) any rule or regulation of which a statute of the United States or Tennessee mandates judicial notice.
(b) Optional Judicial Notice of Law. —Upon reasonable notice to adverse parties, a party may request that the court take, and the court may take, judicial notice of (1) all other duly adopted federal and state rules of court, (2) all duly published regulations of federal and state agencies and proclamations of the Tennessee Wildlife Resources Agency, (3) all duly enacted ordinances of municipalities or other governmental subdivisions, (4) any matter of law which would fall within the scope of this subsection or subsection (a) of this rule but for the fact that it has been replaced, superseded, or otherwise rendered no longer in force, and (5) treaties, conventions, the laws of foreign countries, international law, and maritime law.
(c) Determination by Court. —All determinations of law made pursuant to this rule shall be made by the court and not by the jury. In making its determination the court is not bound by the rules of evidence except those with respect to privileges.
I like him, Let him stay. 22.64%
I think he is a boil on the ass of life, Ban him forever. 22.64%
I really don't care one way or the other. 54.72%
53 votes: DealsGapDragon wins by 77.36%
obxFZ6: "I say we ban you for making this thread."
cbrenthus: "I don't nessasarily like him, but I don't hate him either. I haven't seen him personally attack other members or do things that usually get people banned. Plus, if you sift through his crazy info, while most of it is bs sometimes he provides some decent stuff, at leats to think about. The one thread about the woman beating the ticket because the judge ruled the speed limit to be wrong is a good one for people fighting a ticket on the dragon, because our country relies heavily on prior cases when determining new rulings."
Scootimus: "Even whackjobs are entitled to their opinion. Don't like it, don't read it. Easy. +1."
Clockworkjon: "If we banned people for being irritating, annoying, and having possibly offensive opinions, this forum would cease to exist."
chaos14: "If we banned people for being irritating, annoying, and having possibly offensive opinions, the internet would cease to exist."
Skoalbasher: "I think we should ban people who post threads asking if we should ban someone. Service space is expensive."
MeinGlanzendMotorrad: "This is very fourth grade."
Kirkeb: "Stay. He's more right than most want to admit."
jinker: "lol, are you kidding? ban someone because you hold diferent opinions than him? come on man. the guy actually cares enough about his fellow citizens and informs them of corruption and oppressive gov't and gives advice on how to deal with them. like kirkeb said above; the guy is right more than we all want to admit."
ozy: "I think he's been banned."
26 June 2008
You have been banned for the following reason:
For the same old FTP rethoric, it still wont be tolerated
Video: Don't pass a cop on the Dragon - 10,000 illegal alien airport security screeners, how to kill robocops, US Supreme Court bans gun ownership outside the home in Heller v DC, US Govt police state death squad training manual
Cop kills CIA cop in traffic stop - Alex Jones reported on the radio today that this CIA agent was in fact a retired CIA station chief of Houston. He was visiting CIA agent George Bush Sr's home to warn Bush that the Houston port is scheduled to be nuked. So Bush had him whacked to shut him up. Darwin Award for dead CIA agent. Presumably this will be one of Israel's 400 nukes made in USA, or Pakistan nukes made in USA. Imagine what that will do to gas prices? $25/gal, with no food for USA, since USA now imports most of its food. Treason and murder by police state death squads in USSA.
Bikers sue cops for $10-million - Quoting Detective Mike Rothmiller, LAPD, author of L.A. Secret Police—Inside the LAPD Elite Spy Network Blackmail Extortion Rackets and LAPD SWAT cowardice during LA Riots
First traffic ticket on the zx10r - Masonic handsigns and legal arguments that win in traffic court. So we should take legal advice from a guy who wears a Nazi helmet and wants to kill the 1st Amendment to the US Constitution and Bill of Rights? Spooky.
University of Iowa
Dept of Engineering
October 7, 2008
Two hundred Triangle drivers will be recruited this fall to road-test a satellite-technology system that might be used one day to collect highway taxes on every mile we drive -- replacing the gas tax on every gallon we buy. Computers mounted in volunteers' cars will use global positioning system tracking to count the miles -- even across state lines.
Participants will receive make-believe state and federal tax bills for their miles. For their time and their opinions, they'll be paid $895 in real money.
The $16.5 million Road User Charge Study will enlist drivers in six states to determine whether the technology works, and whether Americans would accept a new mileage tax. Volunteers will be asked how they feel about technology that collects information about their driving.
The federal government and 15 states, including North Carolina, are paying for the study to find a fair, reliable revenue source that can keep pace with growing transportation needs.
"The gas tax is not going to be a viable way of funding our highways in the future," Jon Kuhl, a University of Iowa professor who is directing the study, said in an interview. "The national Highway Trust Fund is already going broke, and the situation is going to get worse."
Gas tax collections are slowing as cars get more miles on each gallon, and as $4 pump prices force Americans to reduce their driving. A few years from now, many Americans might be driving plug-in electric and fuel-cell cars that don't use gas at all.
Michael Walden, an economist at N.C. State University, said the study will help Americans answer hard questions about how to pay for the nation's transportation infrastructure. He agreed with Kuhl that the nation needs to find a replacement for the gas tax.
"Perhaps a better way in terms of assessing someone's use of the roads is not how many gallons they use but how many miles they actually drive," said Walden, who is not involved in the study. "A mileage tax could be adjusted over time, as the cost of road construction goes up."
With the $895 bounty and an advertising campaign that will start next week, Kuhl and his team hope to enlist a diverse mix of car owners from the six-county Triangle area. Details are available by phone at 866-363-1975 (toll-free) or online at www.roaduserstudy.org.
After the participants are chosen and trained, their cars will be outfitted with GPS computers -- the satellite technology that drives popular dashboard navigation gadgets. Over eight months, starting in December, the car's computer will record the number of miles driven in each state, then upload the information to a central billing system.
Cars will have make-believe per-mile tax rates based on their EPA-estimated fuel economy.
The tax rates are intended to generate about the same taxes on miles that the car pays in taxes on gallons of gas. The mileage tax would be higher for a heavy truck that burns a lot of gas, and lower for a fuel-thrifty hybrid.
A typical car rated at 24 miles per gallon will have a make-believe federal tax rate of 0.8 cents per mile, plus 1.3 cents per mile for the North Carolina tax, Kuhl said. For 24 miles, that's 31.2 cents state and 19.2 cents federal tax -- about a penny more than the current taxes on a gallon.
If the technology works, it could give federal, state and even local governments the option to set different tax rates for different vehicles.
Volunteers also will test of public attitudes about a new type of tax -- and about technology that gathers information about where people drive.
"Privacy is a hot-button issue," Kuhl said. "People rightly have a knee-jerk reaction about being tracked."
The system will only count the number of miles driven each month in a given state, he said.
"There's no way these units could be used to track people or determine they were in a particular place at a particular time," Kuhl said.
Some drivers will worry about government snooping, Walden said, and that could make it even harder to sell the idea of a new tax.
"I don't know if the mileage tax is going to be any better accepted than the gas tax, but I know we have a problem finding money for our roads," Walden said.
"'Enterprise' means any individual, sole proprietorship, partnership,
corporation, business trust, union chartered under the laws of this state,
or other legal entity, or any unchartered union, association or group of
individuals associated in fact although not a legal entity, and it includes
illicit as well as licit enterprises, AND GOVERNMENTAL, as well as other,
entities." –Racketeer and Corrupt Organizations Act (RICO), TN CODE
39-12-203 (state RICO Act) and US CODE TITLE 18, PART I, CHAPTER 96, Sec.
1961 (federal RICO Act)
"Officers of the court have no immunity, when violating a Constitutional
right, from liability. For they are deemed to know the law."
–US Supreme Court, Owen v. Independence, 100 S.C.T. 1398, 445 US 622
"When a judge acts where he or she does not have jurisdiction to act, the judge is
engaged in an act or acts of treason."
–US Supreme Court, U.S. V. Will, 449 Us 200,216, 101 S Ct, 471, 66 LEd2nd 392, 406 (1980)
Cohens v. Virginia, 19 Us (6 Wheat) 264, 404, SLEd 257 (1821)
"In the case of present day America, this means the establishment of a previously unheard of and unneeded police state apparatus. This internal security behemoth has been built to protect the unconstitutional and corrupted national government. This new Gestapo like state security network (homeland security) is in a continuing state of expansion and invasion of the private lives of Americans. It MUST do so, because it fears freedom, honest citizens, and clean government. Only corrupted officials need constant machine gun bearing black-clad killers in their employment. Conversely, free, honest, government works shoulder to shoulder with its citizens in an open concept where common sense and common integrity rules. Now our intelligence gathering abilities will conclude that in order to staff such a police state army, men and women who have themselves been corrupted will be the most likely to be recruited and serve successfully. To be successful, they must voluntarily agree to obey all rules and direct orders issued from the corrupted police or general staffs which they serve. The future can be predicted then, that at some point, those who have sworn to obey the corrupted state police apparatus will come into direct conflict with those who have maintained their personal morality, dignity, independence, and allegiance to God and the Republic. There can be NO OTHER outcome. There is no road for compromise or “sit-down” resolution. The ONLY outcome is conflict. The state will maintain its “us against them” mentality and the freedom fighters will have no choice but to survive by fighting back. This scenario has been repeated throughout all of history on every continent with the same inevitable, predictable ending. The maverick or rogue element in all of this has begun to emerge in a way that gives us some pause for hope, however. Vast amounts of information through patriot radio, constitutionally sensitive internet news services and courageous speakers across the country are bringing true and accurate facts to millions of citizens and of course police officers and armed forces at home and in theater. Because of these collective efforts, officers at all levels are being made aware of the real situation facing all of us and how they should respond—or not—to orders that will be coming to them. The final segment of this article is directed to police and military officers at all levels. It is as though roll call was underway and the orders of the day issued. I ask that you read this carefully and let it become a part of your standard operating procedures manual of the heart. Your response to this will help decide the ultimate fate of our nation. As sworn officers and oath bound military men and women, you are under the lawful order domain that was codified for all time during the Nuremburg Tribunals of 1945-48. That body decreed to all men and women under arms that merely obeying orders of any kind was not an affirmative defense for actions taken in combat or against civilian populations. The benchmark that was established was, if the “order” was criminal in nature or “required” the affected forces to commit an act they knew was or suspected to be criminal in nature, they had the absolute right and duty to disobey that order and in some cases seek the immediate arrest and prosecution of the ordering authority. That operational standard still exists and will be used should the occasion arise in the near future. Let me be VERY clear. If a police officer from any jurisdiction, private contractors hired to act as agents of the police, or a military member acting in an “official” capacity should carry out unlawful, unconstitutional, or unethical “orders” that violates the effected person’s lawful rights, safety, security, or freedom, then the offending “agent” of government is liable in court both criminally and civilly. In the worse case situation, the offending agent may be at the mercy of citizens who will not tolerate such abuse. Resistance to such government actions by the citizenry in these situations for the preservation of life and peace is therefore justified in the extreme."
–Trooper Greg Evensen PhD, Kansas Highway Patrol and US Secret Service, Republic Broadcasting Network, WBCR 1470am Alcoa TN
"I saw two officers as before, who rode up to me, with their
pistols in their hands, said God damn you stop, if go an Inch further,
you are a dead Man, and swore if we did not turn in to that pasture,
they would blow our brains out. Major Mitchel of the 5th Regt clapd his
Pistol to my head, and said he was going to ask me some questions, if I
did not tell the truth, he would blow my brains out. I told him I
esteemed myself a man of truth, that he had stopped me on the highway,
& made me a prisoner, I knew not by what right; I would tell him the
truth; I was not afraid."
—Colonel Paul Revere, owner of RevereWare¨, sworn affidavit: Memorandum
on Events of April 18, 1775 (declassified Top Secret), while under
arrest (and subsequent escape) from Redcoat martial-law traffic police
at Minute Man National Historic Park, Paul Revere Capture Site, kicking off the American
Revolutionary War (British-American Civil War), at the Battle of Lexington and Concord with justifiable homicide in self defense by shooting and killing over 200 traffic copster slaves of King
George III, heriditary dictator of England who attempted "gun
control" by an Assault Weapons Ban
of defensive 50-caliber muskets and cannon, Paul
Revere's Ride, by David Hackett Fischer
"We hold these truths to be self-evident, that 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; That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States. To prove this, let Facts be submitted to a candid world. He has made Judges dependent on his Will alone for the tenure of their offices, and the amount and payment of their salaries. He has erected a multitude of New Offices, and sent hither swarms of Officers to harass our people and eat out their substance. For quartering large bodies of armed troops among us. For protecting them, by a mock Trial from punishment for any Murders which they should commit on the Inhabitants of these States. For imposing Taxes on us without our Consent. For depriving us in many cases, of the benefit of Trial by Jury. He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation, and tyranny, already begun with circumstances of Cruelty & Perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation. He has constrained our fellow Citizens taken Captive on the high Seas to bear Arms against their Country, to become the executioners of their friends and Brethren, or to fall themselves by their Hands."
—The unanimous Declaration of the thirteen united States of America, July 4, 1776
"Strictly local municipal courts offer a separate, substandard justice and warrant a
thorough review of their own. At their best, the present-day system of city courts is a convenient
means for disposing of relatively minor matters, close at hand, with less formality than state
courts. They become, in essence, an administrative forum of alternative dispute resolution, with
the right to appeal to the state judicial system. At their worst, they are merely revenue agencies masquerading as courts. Their sole reason for being is the funds that their municipality draws from them. If the funds disappeared,
few of the cities would consider the court an important civic service. Their limits and oversight
are ill-defined, and their flexibility can sometimes disguise mere arbitrariness. Municipal courts are a substantial topic unto themselves. There are some 200 to 300 such courts across the state, operating so independently that even obtaining an exact count is difficult. We believe they fall much closer to the worst model than to the best one. A majority of
complaints about judges that come to the Administrative Office of the Courts originate with municipal courts."
—Report from The Commission on the Future of the Tennessee Judicial System, 1996
"Tennessee’s judicial jurisdictional structure is costly and inefficient. Many local judges and clerks do not feel compelled to comply with state policies because they
are elected and paid locally. General sessions courts lack administrative oversight, accountability, and equitable judge
salaries. Municipal courts with concurrent general sessions jurisdiction create further fragmentation
in judicial jurisdiction, duplication of services, and inefficient use of state and county
resources. As of 2003, 26 municipalities had general sessions jurisdiction (Exhibit 5A - not Blount or Knox counties). Most
officials interviewed said the primary incentive behind this trend is to generate more revenue
through court taxes, fees, and fines, rather than to reduce caseloads in regular general sessions court
or to improve court efficiency. The General Assembly may wish to amend the law to prohibit municipal courts from having
general sessions jurisdiction. Tennessee has no standards or qualifications for clerks. People with no knowledge of the court system could be elected because there are no standards for elected clerk positions. Some clerks
acknowledged that many newly elected clerks know little or nothing about the job or the court
system. One circuit court clerk who has been in office 18 years and goes to conferences regularly
said that to her knowledge, the Clerks Conference has never offered training on determining
probable cause. General sessions and circuit judges complained of frivolous warrants and excessive pro se cases. TCA §23-1-109 allows a person to 'conduct and manage the person’s own case in any
court of this state.' Many judges attribute the increase in pro se cases to the influence of court television programs that
give people the impression they have the knowledge to represent themselves without an attorney.
The American Bar Association (ABA) states that the high cost for attorneys, the 'anti-lawyer
sentiment,' and lack of trust in the justice system are also factors. Judges interviewed believe that many pro se cases waste considerable time and money. They
explained that many people who represent themselves have little or no knowledge of the law, court rules, and court procedures. As a result, judges say it takes considerable time to inform them of the
law, court rules, and procedures at each step of the way [which judges never comply with because they use secret rules]. One judge said he had a case in which he knew the pro se litigant had a
legitimate claim for damages, but lacked the legal knowledge to counteract the defense’s arguments.
The judge felt it would have been unethical for him to make the legal argument for the litigant. Thus
the litigant lost the case, because he lacked the legal knowledge, even though the judge knew he had
a valid case. The General Assembly may wish to amend Title 16 to establish small claims courts to reduce
the number of pro se cases. In small claims court complainants must pay court fees to file cases.
This can reduce the cost in time, money, and ethical conflicts associated with the proliferation of
pro se cases, and provide those who cannot afford an attorney better access to the courts. The Administrative Office of the Courts, in conjunction with the judicial conferences, should
seek ways to solve the problems caused by pro se cases. This might include a handbook for pro se litigants to better inform them of the court process [as done in federal courts], and more legal aid to those who cannot afford attorneys. Frivolous warrants: The main reasons for the high number of extraneous warrants appear to be the ability of individuals to swear out warrants without officer or district attorney authorization, and lack of training by clerks who are required to determine probable cause. Officials interviewed noted that most frivolous warrants are sworn out by individuals where the clerk (not police officer or district attorney) must determine probable cause. Public Chapter 366 of 2003 amended the law to
require issuance of a summons when individuals swear out warrants to alleviate some of the burden
put on the judicial system. However, this still does not prohibit an individual from swearing out a
warrant without a police officer or district attorney determining probable cause, or remove the
clerk’s duty to determine probable cause. In six of the sample counties the clerk is responsible for determining probable cause and issuing warrants. However, Davidson, Hamilton, Knox, and Shelby Counties employ magistrates or judicial
commissioners to determine probable cause. Because they are usually more knowledgeable in law,
magistrates and judicial commissioners can filter out unnecessary warrant requests, eliminating pretrial
and trial costs for cases that are likely to be dismissed because of lack of probable cause. The warrant screening program of the DA’s office in Davidson County proves such programs can
be effective. Since its implementation on June 1, 1998, the program has screened 17,548 warrants.
The program is directed by an assistant DA who reviews all cases referred to the program. Of those, 13,712, (or 78.1 percent) were either filtered out for lack of probable cause or referred to mediation.
Only 3,836 (21.9 percent) were determined to be legitimate cases [to illegally protect criminal cops, criminal contractors and crooked politicians from arrest]. In Tennessee, nonviolent alcohol and drug cases account for the majority of criminal cases
and cost law enforcement and judicial systems the greatest resources. Nationally and locally, an
estimated 70 percent of all criminal cases are nonviolent, drug-offense related. Alcohol and drug addiction usually have several causes – including genetic predisposition,
environmental factors, and/or mental health problems. Many believe that incarceration is an
ineffective and fiscally unsound way to solve the problem. Based on the figures
provided, calculations by staff show the drug court cost $509,905 less than incarceration. The program is funded totally by federal grants and donations. The report 'To Serve ALL People' states that 'the judicial system is too independent, for there is so
little accountability.' The report To Serve ALL People states that 'the judicial system has been a vast set of islands, laid
out in a pattern that is bewildering to the public' and that 'on administrative matters local
sovereigns often reign in isolation.' Statutes and private acts allow some general sessions judges to receive additional salary supplements for assuming jurisdiction for cases usually heard in other courts, such as child support,
divorce, chancery, and juvenile cases. Judges get this supplement regardless of how many cases
they hear a year, which may be very few. Some of these judges also continue to practice law full-time. Many interviewees expressed concern that general sessions courts are used to increase county
general fund balances and pay for government operating expenses unrelated to the administration of
justice. According to a
1996 NCSC report, 'the concept of the self-supporting court has ethical implications if the court in
any way uses money it generates from judgments to pay its operational expenses. It is beyond
dispute that this practice is not consistent with judicial ethics or the demands of due process and
there are relatively few remaining situations of this type.' The local courts estimate that a small percentage of court costs are collected. In Shelby County, for example, for FY 2001, only 33 percent ($7,580,080) of assessed criminal court costs
($23,269,527) were collected within the first year after disposition of the case [but courts always censor the fact that no defendant has to pay fines or court costs in any case, when proceeding in forma pauperis by Affidavit of Indigency and claiming homestead Exemption, and claiming tenancy in the entirety (community property protects spouses from paying debts of spouse)]. Many judges and court
administrators believe 'that fines and fees are so high that they are, in a sense, responsible for the
collection problem.' The 1989 Comptroller’s special report on the collection of court costs concluded that the suspension
and revocation of an individual’s driver’s license is not an effective means to coerce payment of delinquent court costs.101 One judge believes the law prohibiting people from getting their driver’s
license until they pay all their court fees is cost prohibitive, because so many cannot afford to pay
the cost and get rearrested for driving without a license. More than one judge said they had a high
volume of such cases and that they contribute to jail overcrowding, and waste police, court, judge,
and clerk time with no financial benefit. The seizure of property by investigative agencies contributes to unpaid court costs."
—John G. Morgan, Office of Research, Comptroller of the Treasury, Tennessee’s Court System: Is Reform Needed?, 2004
"Mr. Speaker, my subject today is whether America is a police state. Terror and fear are used to achieve complacency and obedience, especially when citizens are deluded into believing they are still a free people. Most police states, surprisingly, come about through the democratic process with majority support. The masses are easily led to believe that security and liberty are mutually exclusive, and demand for security far exceeds that for liberty. Our government already keeps close tabs on just about everything we do and requires official permission for nearly all of our activities. One might take a look at our Capitol for any evidence of a police state. We see: barricades, metal detectors, police, military soldiers at times, dogs, ID badges required for every move, vehicles checked at airports and throughout the Capitol. The people are totally disarmed, except for the police and the criminals. But worse yet, surveillance cameras in Washington are everywhere to ensure our safety. The personal information of law-abiding citizens can be used for reasons other than safety- including political reasons. Like gun control, people control hurts law-abiding citizens much more than the law-breakers. Social Security numbers are used to monitor our daily activities. The numbers are given at birth, and then are needed when we die and for everything in between. Centralized control and regulations are required in a police state. Almost all of our economic activities depend upon receiving the proper permits from the federal government. Transactions involving guns, food, medicine, smoking, drinking, hiring, firing, wages, politically correct speech, land use, fishing, hunting, buying a house, business mergers and acquisitions, selling stocks and bonds, and farming all require approval and strict regulation from our federal government. If this is not done properly and in a timely fashion, economic penalties and even imprisonment are likely consequences. Because government pays for much of our health care, it's conveniently argued that any habits or risk-taking that could harm one's health are the prerogative of the federal government, and are to be regulated by explicit rules to keep medical-care costs down. This same argument is used to require helmets for riding motorcycles and bikes. Not only do we need a license to drive, but we also need special belts, bags, buzzers, seats and environmentally dictated speed limits- or a policemen will be pulling us over to levy a fine, and he will be toting a gun for sure. Over 80,000 federal bureaucrats now carry guns to make us toe the line and to enforce the thousands of laws and tens of thousands of regulations that no one can possibly understand. All 18-year-old males must register to be ready for the next undeclared war. If they don't, men with guns will appear and enforce this congressional mandate. "Involuntary servitude" was banned by the 13th Amendment, but courts don't apply this prohibition to the servitude of draftees or those citizens required to follow the dictates of the IRS- especially the employers of the country, who serve as the federal government's chief tax collectors and information gatherers. Fear is the tool used to intimidate most Americans to comply to the tax code by making examples of celebrities. When the government keeps detailed records on every move we make and we either need advance permission for everything we do or are penalized for not knowing what the rules are, America will be declared a police state. In a free society, the government's job is simply to protect liberty- the people do the rest. Let's not give up on a grand experiment that has provided so much for so many. Let's reject the police state."
—Congressman Ron Paul, candidate for president in 2008, U.S. House of Representatives, Is America a Police State? June 27, 2002
Tennessee Code §44-8-410
Every owner of a bitch is required to confine the same for twenty-four (24) days during the time the bitch is proud.
Tennessee Code §44-8-411
Any person crippling, killing, or in any way destroying a proud bitch that is running at large shall not be held liable for the damages due to such killing or destruction.
Deliverance FOR REAL Satanic ritual human sacrifices in Asheville NC and Great Smokey Mountains in TN
Narcoterrorist kingpin presidents Georges Bush, Bill Clinton-Blythe Rockefeller, US Supreme Court judges, senators, congressmen, governors, kings and media mafiya performing ritual human sacrifice and snuff kiddie porn to Molech/Lucifer/Satan at Bohemian Grove in Monte Rio, California on Summer Solstice. Satanic rituals with animal and human sacrifices are routinely reported by the mainline media in Knoxville Tennessee, and prosecuted as first degree murder in Knoxville courts. Knoxville mayor/ambassador Victor "Victoria" Ashe (allleged Skull & Boner boytoy of George Bush Jr), Mr Scripps and Mr Howard, owners of Knoxville News Sentinel and Scripps media mafia cartel, are members of Jewish Bohemian Grove homosexual nudist compound, guarded by Sonoma County Sheriff Dept, FBI and Secret Service. As ambassador to Poland, Ashe participates in CIA renditions for torture in Top Secret CIA Death Camps in Communist Europe. Photo copyright Bohemian Club Corporation annual yearbook - UPDATE: Police officer Jack McLamb's webmaster and Bohemian Grove employee Chris Jones jailed for 3 years for public showing of his undercover video from inside Bohemain Grove