brief courtroom techniques

8/8/2019 Brief Courtroom Techniques

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BRI EFCOURTROOMTECHNIQUESFOR THENON.LAI'I|YER

USING THE CORRECT TERMS IN TRAFFIG COURT(oR ANOTHER "COURT") CAN G|VE YOU. THE ADVANTAGE

STOPPED BY COPSFOR NO APPARENTREASON?lf you were walking down the street or traveling in your car and were stopped by a cop,when vou drd nd'ns T:*H$,:::lirffi:i:,r#::11:y:: sav? Askins the risht

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The people who have put together this book are not lauyers nor legalcourselors Noffringherein is to be considered 'legal advice'. There areabsolutely no guarantees that the techniques in this book will ensurecourtroorn/legal decisions in yogr favor or wilt stop any furtlrerharassment and questioning by cops Thorouglr study and lmowledge ofthe law is necessary for that Still, there are no guarantees. Mattypeople -including cops- qlho work within "the system" are totallyunfamiliar/ignorant of the laws.The retailerlof this book is solely responsible for the success or failurepresented herein You are admonished to diligently further yourstudies of the public record and supporting case law.


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TABLE OF CONTENTS

INTRODUCTIONA LIST OF BOOKSCOURTROOM PROCEDURES INFORMATION - STEPS I THRU 6JURISDICTION TREECOURTROOM TECHNIQUE

ASSERTION OF RIGHTSTHREE ADDTTTONAL (TRAFFIC) COURTROOM TECHNTOUESANOTHER TRAFFIC COURT EXAMPLESTOPPED BY COPS?...AND WHAT YOU MIGHT SAYCOPSTOPSCENARIONOTICE TO ARRESTING OFFICER & MIRANDA WARNINGTRAVELAND THE POLTCE

Page tPage 2Page 3Page 9Page t0Page 13Page 14Page 19Page 2lPage 23Page 25Page 28


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.3 INTRODUCTIONThis book is a compilation of several brief couftroom strategies. Most of them areregarding traffic violations Some of them are vely similar, however, tltey weregatSered together finm several different sources. Should you find yourself in cout!iou night find them useful Also included is a brief section on what you might sayshould you be stopped by a pubttc serrnurt{s) (cop) whlle walHng dorvn the street'riding in the car, etc.Regarding the coulhoom techniques in the following Pages, agairU be informed thatsome of them are similar and/or repetitious The purpose, though, is to familiarizeyourself with the "language" that is used in couttThere ts some law in the tcchniques and eramples that follow, however, should youhave to go to cour! YOU rvlll have to tind and apply the appropriate law(s) thatpertain to your particular situation Ifs not as hard as you may thinkThese "techniques" aren't written in stone. You can put them in your own words,howwer, you must lsrow what you're talking about andlansuase.Do the necessaty studying to (or try to) ensure that everything works in your favor.If you find younself in court io" *rr"tt iog other than a traffic violation, this booh willprovide a little information regarding the process/procedure(s) you should follow.Seek-out, read, study and RETAIN ONLY WIIAT IS NECESSARY. Define andfanritiarize yourself with terms you don't understand. Ask questions and check thedictionary often -use more than one if you qaIL Find the correct books and don'tforget to use the gtossary and inder ln the back of them for addltional help. Go to theUooU stores and brry what you need or visit the library and do your studying ttere -make coples of what You need.If applicablg find out how to and then put together the necessary paperwork Askmore questions and get some help from those howledgeable. Being aler{ careful

-and prepared can be an asset..If you declde all of this is too much (it really isn't), enlist the help/advice from thosefamiliar with the process of legal proceedings - just be prepared to fairly compensatethem - this IS worlcAlso, fteep in mind that none of these I'techniquest' are a guarantee. Itrs hard to saywhat will happen In any case, you will be gling yourself an education (which couldcome in handy for someone else...) and that in and of itself is a "plus."Wlth serloug dedlcated study, lt atl falls tnto lts proper place. Just keep lt up and bediligent You CAIrI win


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HERE'S A SMALL LIST OF BOOKS YOU MAY FIND USEFULa lawdic'tionaryBlacks Law Dietionary - 6th EditionMcKinnep Rules of CourUState & FederalPenal Law - Criminal Procedure LawDrafiing Legal tlocumentsFederal Rules of Civil ProceduresUnlform Commerclal CotleCitizens Justice ManualThe "HorY To" of Crlminal LawA Gomprehensive Guide to Consumer Gomplaints & Small Claims Court AgtionsMunicipal Tort Action - Who To Sue & What To DoPreparing Legal DocumentsThere are a host of other books not llsted here that you'll find useful...checlc the bookstores and don't forget to make use of the public law library...make copies of the pages youneed.Get a U.S. ConstitutionAlso, look-over andlor familiarize yourself with any existing "legal" paperworlr

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'3 ( pges 3 - 8 are blcen firon the book fitled rRedalnlng your Sovertlgn Cttlzensblpn)Be prepared. Thds &e Boy Scouts' marthlng song If you are compelled to appear ln courl for afaffic or parktng tckf, or fon a dvll or crlmlnal r'lohflon, or to challenge the constlhrflonallty of astafuh,tfstmportanttobedlprepar,edbeforefadngaJudgeoraJury. Onemustunderstandcourtprredrne,ryllthwttctldsdfcdmfts courtac-hnlly ls operatlng (notrvtatfreytellyou),lndemnhcaflon (protcdngyouself), maklng a pha Gu|lty or not gullty), pleading (affErmtivedcfenso), and dtL"lrrhb. Once yor have ovtdenoe of yolr clffzenshlp, and underfind &e ntles offtelr gamg thert's ltHe ftc colrrt rrn do to wln fre case or harm you- Alrearly the cards are wellfid


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COMPIII SORY APPEARAI{CE - requirc{ 3smlng ln ourt of a plalntffi or defendant etther byhlns[f (pp se) or through an attomey; ar appearanoe lnvolves a nvohmta4rr submisslon to theJurlsdlcdon of tte courf; ompulsory rneans compelled by tte servloe of prrocess (you get a nodcgsurnmong subpcna' or a date noted on tte trafilc ttcket); &ls can be stopped by flllng for a 'spedalappearance'SPECIAL APPEARANCE - for lhe aole pu4rore of quecdoolng tteJurlcdlctlon end eutborify of ltecourt over tte ddendan$ ttey cannot prmeed until jurisdicfion is established; the burden of prmf ison the outt best done on paper and f,led wlth the court clerlc; done stmultaneously wlth ryvoklngthelr npowr of attonrey'r; NBI/ER MOVE TIIE COURT or requestthe courtto do anythtngJIJRISDICTIONAL HEARING- a procedlng before a magisfatervtttoufJuryto detsrmhe an lssueof facg specmca[y regardlng whether or notthe court hasJurlsdlc{lon['One you c]allengeJurtsdlcdon tn a crlnlnal case, the couts hrye the burden of prmL anrl theyare rcqulred to backthelrJurlsdlcdonal clalm by showlng you perdnent statutory charges.'l -5 USCss6(oSTEP 4: ARRAIGNMENT AND MAKINGA PLEAThere are speciflc rules and court procedures ttat must be followed. You're better ofrto slt mutel' rn e'flher to agroe unwttfrngtt or knowlngly vtolate court prucedures" Standlng ln court lmpllesyour consutto be tded under slatutoty hw. Do not stand h court unfil &e ourt has ansrered yourrcquest regardlng tts Jurtsdlcdon Jurlsdlcdon must be squarely ciallenged. Fallure to deny ls anadmlsslon of gufit (28 USC 8(O. Hlrlng or retainlng an attorney lmplles onsent to be tded under ttestatutory law of that courf, and waMngyour consfthrtlonat rlghts to representyourseff. You'lragroohg to become a rward of lte oourtrtr subJect to tte nrlos and proedur.es knm onty to tte StateBarAssodaflon, and subJecttolheJurlsdtctlon of the courL Remember an attorney's flrst duty ls to&e courts and to tre npubllc,rr notto lhe climtWAI? OF THE COURT- lnfants and persons of uneound rnlnd


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SE}TPT,B ARRAIGNI{HIT

COURT: When asked by a government official what you meant when you wrote"without prejudicer by your "namer'' you say:yOU: your honog, hy use of "without prejudicen UCC 1-207 with my signature on thisdocument indj-cates that I have exercised the rernedy provided for in the UCC in Book 1,at section 2o7, whereby I may resexve my cornmon 1aw right not to be cornpelled toperform under any contract or agreement that I have not entered into knowingly,voluntarily and intentionally, and that reservation serves as notice upon al}adninistrative agencies of government, fdderal, state and locaI' that I do not andwill not accept the liability associated with the compelled benefit of any unrevealedcorunercial agreement.Once you make a plea, yourre under their jurisiliction. Entering a "guilty" or .notguilty" plea in a civil matter is adsritting to the existence of the unpaid biIl.you are not refusing to enter a plea, but merely wishing to understand the basis ofthe charge (itebt) befoie pleading, which is why you are insisting on a Presentmentunder UCC 3-505 "without dishonor". Tell the judge, on the record, that you reguiresuch presentment to dletsmine your p1ea.COSRT: The judge will read you the charges anil penalties involved. Theyrll ask ifyou unilerstariil. You say:yOU: I understand what you have said and the penalty involved. I understand thewords you have used andl the meaning of those words. But I ilo not understand howthe subject matter or the penalty can possibly apply to me-COIJRT: The juclge will ask you to plea (guilty/not guilty). Do not pJ-ea. Once youp}ea, or the court pleas for you, then jurisdiction is assumed. this is whereyou--dhallenge the courtrs jurisdiction. vou say!-YOU: Your honor, I cannot enter a plea as I desire to challenge the jurisdictionof this court and am now asking this court to set a jurisctictional hearing. Untiljurisdiction is proven, once challenged. no plea can be accepted.CoURT: If the juclge enters a plea you must object...yOU: I object to the court entering a plea because I desire to challenge thejurisdiction of the court and untiL jurisdiction is proven, once chall-enged, no pleasc-an be accepted. The court is not permitted to accept a plea until jurisdiction issettled.COIIRT: If the judge denies motion to disrnissyOU: I object. the court has done nothing on the record to prove an.a an. courthas jurisdiction.COIIRT: Judge may say' the statute says...blah, blah, yadda, yadda,...you object againyOU: I object. I have not filed any arguments no! made any legal arguments. I havemerely made a motion and that is why I want the hearing so we can settle this issueof jurisdiction. Then I can file my formal rnotion. AlI I have done is challenge thejurisdiction. Now that I know the charges, I arn asking the court to set a hearing,plain & simple, set a date and we will have the jurisdictional hearing. If juris-aicfiOn is proven, then I will go on and plea.


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COIIRT: As a last resort, if the judge persists and assigns a plea then say:.'4,' t YoU: t object. If this court proceeds with entering a plea on ny behalf withoutfirst establishing jurisdiction for the record, then this court is doing so und.era hidden, statutory jurisdiction with an unrevealed contract known only to thesecret society of the state bar association...rF THIS DOESNIT GET TEE CASE DISMISSED, TEEN DEMAND A WRIT OF ''MANDAI!IAS'', VUHICIIIS A REQI'EST TO HAVE TFE CASE REVIEWED BY A SUPERIOR COT'RT.


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STEP 5: TruSDICTIONAL HEARINGtr'lle your statement wtth tre court prlor to tre hearing Then prepare for an interestlng exchangebetrreenyourrelf and &e magistrate orjudge-CIURT: TheJudge wlll san'How do you c.hallengeJurlsdlcflonn?YOU: Your honor, I hrve some quesfons oncernlng the nafure of the actlon that I don't understand.(6th Amendmen$ Is lhe acflon agalnst me dvtl or crlnlnal?COURT: If c a crlmlnal acdon (wm't scy cMl' or ft would go to X"ederal oourt)YOU: Your honor, tte Cmstltrfron authorLed two crlnlnalJurlsdlctlons for the court One of thesels commm !rry. But rmder lhe oommon kw, lbere must be a Coraus Delecfl or damaged party beforefre ourt "rn rgnb enyJurkdtcdon Thls cannot be a qlmDon lawac{lon because ftere ls nosworn complalntfrom a danaged party. Therefore, thls court does not bave a rrlnlnatJurlsdictionrmder common law. $fteJudge replles futfrls ls a common law court then denand a "Blll ofPatdcularn. The ong other crlnlnalJurlsdlcdon authorlzed for the court ls tre brecch of anlnbrnadonal nartsme bontract undcr tts crlmtnd aspects of an admlraltyJurlsdlcflon I'm notayaneofhavlngwercntemedanymarlfmecontradsrsoldenylhatanyedsl Canyoutellmec/hatJutsdtdlon the court ls ererdslng ln the ac{lon against me?COIIRT: ,TheJudgp Bay reply Ifs a statrtoryJurlsdlc-tlon (rcmember sfatutor5166iory1.YOU: Your honor, Irve m;ver heard of tMJurtsdlction and the Constltutlon doesn't mention anysuetrJurlsdlcdon lVhere can I obtah &e publlshed ruIes for the crlmlnal procedure for slatuloryJurlsdtction? (there arurteny, of couree)COURT: TheJudge might be mad or upsct and rcfuse to practce lawfrcm the bench or give advlceYOU: Lettte record showttattte courts have authorltr to conduc{ a criminal actlon under a secretjurisdiction tfif is knwn onlytothe ourts and licensed at-torneys thereby di-nying the defendant thertght to ddend ln hls own person I am appeallng the legal determtnatlon made by thls court that ftcan conducf crlmlnal actlon under a statrtoryJurtsdlcflon, and ln my appal, I am namlng yoq yourhonor, as wltness ln my favor, and I'll lssue a ndp oena brcq teaun, in wtich you wlll be requircd tobrlng a copy of tre rules of crlmlnal proceedlngs ln a statutoryJurlsdlctlon when you enter theappeals courl And I anr subpenaing tte prosecuting attorney as my wlhess to the fact that theJudge sald--blab, blahSTEP6:ATTiKIvTA-TNTEDETENSEIf you fdl fnto aJutsdtcdonal tap, tten you must prepare an ilafiirrnatlvG defense" on your behalf.Prcpare yourseff More the court by RESERVING YOUR RIGIIIS under the COIIIMON LAWpursuantto UCC l-207 and UCC 1-103.6. Develop a strategr utllidng tte REMEDIES andRECOURSE avallable lntteUCC (Unform Commerclal Code bmk). You havette righttorrdls@vet1,n to find orrt from fte prosccutor vhlch stature you're being tried under, and to seewldence of the presentm[t, wlhout dlshonor pursuant toucc3505.DISCOVERY - modenl prttrlal proedure for getting infor-mation held by the adverse party; youhve the rtght to dlsoveiyIf lhe state ls brlngfng forth the c.harges tben demand that te stafc tafie tte wttness stand andprodue fte vlcdm. Asndlng to the Common law wrft of habeas corpus, lf trere ls no vlcdr4 thercls no crlmc- A legat fi.ftor cannot bo lqfurod or vlc'llmlzed. You can atways plcad ttc 6thAmendment ftat you do mt understand the nature of ffrc charges and must be aware of what law you


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are allegedly breaklng They cannot proceed ila defendant admtttedty does not undersland ttecharges You can also demand a 'lury of 5rour peersrfl for any ofiense over $20 (?ft Amendmen! US.Conslltudon) You must ovemlde fte governnenfs presumpflons tbatyou ane rraeeptngn and baveroatved aty benctltg prMleges or securttles ftom the government


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JURISDICTION TREE

PART IConstitutionali/Statutory Juri sdi ctionThe supreme court is created by ConstitutionA11 other (ninor) courts are created by Statute.All judges take an oath to uphold BOTE United States & al1 other ConstitutionsSubject Matter JurisclictionCriminal matters cannot be prosecuted in civil courtsCivil suits cannot proceed in a crirninal courtIN REMJurisdiction over a TEING. Contract jurisdictionIn PersonErm$lhen you appear GENERAILY, you are agreeing to appear in the courtI{hen you appear SPECIALLY, you are NOT agreeing to appear in the courtPART IIColunon Law Jurisdliction'There must be a conplaint by an injured party (Corpus Delecti)Civil Law Jurisdiction - I'NDER CONERACT - WITH CONSENTEguity -- Must have CLEAN EANDS. Court of Specific Performance. Must be able to effeca remedy.REITIEDY: a rnethod/strategy of voiding 1awRBCOIIRSE: provides for danages as a result of injuryLaw Merchant, Natural Law (Comsron Lard) & U.C.C. all have remedy & recourseAduriralty Maritime Code - Keelhauling is a CRIMINAL penalty for sailors who refused toobey an order that uright cause the ship to sinkFanily Court is an Equity Court - a Civil T,aw Court - A Court of Specific Performance.A11 Civil La$r Courts are ADMINISTRATIVE; they are NOT Article III Courts. They do NOToperate under Constitution. Article I, Section l0 - IJNLII'{ITED RIGHT TO CONTRACT.- The Terms of the Contract-- so long as they are lawful - supersedes ttre ConstitutionAS IONG AS THE CONTRACT WAS NOT FRAUD.PART TIICrininal complaints must be by Indictment by a Grand Jury.Informations are written statements rnade by Public Prosecutors in lieu of Indictment.Must have the consent of the accused.Prosecuting Attorney - a,ludicial officer - with allegiance to the Court-Public Prosecutor - an Executive Officer - Appointed by the Executive Branch ofGovernrnent


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:e COLIR_TROOM T E CHN r QrrBBAILIFF: CaIl lte case of Dorltevs. Dorite.DORITE (YOCI: Judge, are you asking lhe acctsed to volunteer to being a defendant?JUDGE: WIII you sbp fonmrd ro wE can get all ttts on record?YOU: I really want to do tte rtght thing Are you orderlng me to step forward?JIIDGE: Mr. Dorlte, we rcally don't have tlme for all thls. Are you golng to come forward or arentyou?YOU: I really don't know rrtat tt ts ftrt I am volun@rlng for. If you ORIIER me b, I wltl proceed,agatnst my wlll and wcr my obJecfion If you are stnply asHng me to come h; then I have to askwhatwlll happen trI rcftrse?JIIDGE: Mr. D,orfie, you are really ffng the padens 6f ltrls court Mtght a wek lnJall forcor&npt convlne you to be mre responslve?YOU: That ts eracffy wtat I am trylng to find out Are you golng to puntsh me for asserttng myrtelts?JIIIIGE: Thle ts gctthg ur nowtere. Aroyou gotngto step down here or aren'tyou?YOU: I bave to rcpeatthe quesllon An I euErlng voluubrl$ or are you orderlng me b volurteer'?AT ISIS POINT, ONE OF SEVERAL SCB{ARTOS (}\N DEVELOP. TO SA\m TrME, WE AREGOING TO @ ON THE ASSI'MPTION TIIAT TIIE JI]DGE IS GOING TO ORDER YOU TO

STEPFORI'ARI}JUDGE: Mr. Dortte, I am orderlngyou b sEp forward lffi fte corntYOU: Judge, how dld you knowwho I am? Ilave you had auy Ex-Parte communlcaflons about thlsmatten? 'JUDGE: Thls ls your last clance. I have bcen very padentwlth you Even my patlence has Umtts.Areyou comlng down here or nof?YOU: Judgg you haven't anrwered any of my questlons and I don't know wtat I am stcpplng lnto. Iwaut you to tale Judldal Notlce ttat I am enterlng tbe forum agalnst my wlll and wer my objecdon,unda Thneat Duress and Coerdon You dld say that I oould be senttoJall ffI dldn't come hr, dldn'tyou?JIIDGE: \ilbaterver tt takes to getJAu herc, as long as you are herc.STEP INTOTIIE COURTYOU: You havcn't answered my questlon, Judge. Ar,e you going to take Judicial Nottce that I amentcrlng tbe forum agatnst my wlll and over my obJectton, under Threa{ Duress and Coerclon -agalnstyour very real threat of puttlng me lnJall for assertlng ny rlghts?AT THIS POINT, TIIERE CAT{ BE SE\/ERAL REPETITIONS OF THIS ACTION. IF TIIEJIIDGE STILLWONT MAKE TIIE STATEMENT: ''LET IIIE RECORD SHOIVTHAT TIIECOIJRT HAII NOT MAI}E A DEFINTITT/E STATEMENT TO SIIOWTIIAT IT IIASREOOGNIZED MY STATUS As A FREE MA}I. I AM EERE AGAINST MYWILL AND O\rERIlfT OBJECTION, T'NDER TEREAT, DURESS A}ID COERCION - AGAINST TIIE JUDGE'SDIRECf, TflREAT OF PUTTING ME IN JAIL FOR ASSERTING MY RIGFIS.JUDGE: Nowthatwe have gottentatoutof ttewa;r, letus proceed. Apfearances, please.YOU: (as opposlflon rises). Judge, I obJect Bdore my opponent can malre appcarances, let him/herslgn ltls Walver of Immuntty fron prosecufion under Tlfle 18 and Tlfle lZ.JIIDGE: f'm not golng to do that- YOU: \ilhy no{Judge? Are you anarc tfiat my opponent lntunds to vlo}ate my rtghts under color oflarr'? Are you part of the consplracy to viotate my rights? \Yhlle we are at lf here ls a copy of thalWalver of lrnrnunltyforYOU to stgn,Judge.JIIDGE: I'm not requlred to stgn anythlngYOU: That ls exaclty wlry I am dolng $ Judge. You have alrcady preJudtced ry opponent byrccogpldng tre plot to harm me under color of hw. Why should I perrntt you to continue wten youare golng to clabn Immutty - lack of accountablllgr for your wrongdolng3JUDGE: Appearanes, please-YOU: ObJecdonrJudge- You dldn'tanswer my quesdon As a matter of fact, you haven'tansweredany of my questlons. \{ould you ltke to putyour antswers on the record now?JUDGE: I don't have to answer such frlvolous contentlons. If you perslst wtth ttis line of reasoningIwltr beve toboldyou ln oontemptYOU: lYhal are you golng b bold me ln contempt for, Judge? For assertlng my rlghts, or for notpermlttlng you to proced rvhlle you plan on uslng Imnmtty as a defense when I sue you? tl


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JUDGE: Areyou golng to sue me, Mr. Dortle?YOU: I don't reall;r know, Judge. Are you infsndlng nn hardng me under color of laW?JUDGE: We sro not hore to play 20 quosdons, Mn DorltaYOU: Excrrsc mer Judge, butftat ls exacfiy rviy we ar her- You know as wIl as I rtrat nothlng Isay ls rwlesable by the hlgher courts. It ts onty statements made by lhe Court that are reviewable.Sq wlll you please rave us all a lot of fme and Bake some statements ttat I can take for revlerw andwecanendtrls clarade?JUDGE: You wanl some statcments? Lefs get somethlng stratght Thls ls MY Court, and you are aliflgaut here If you malre any mone statcments ln thts vain, I am golng to hold you ln contempt andsee dat a week fu fts slrmmer wlll do for youYOU: Just let the record show frat the Court has not rcsponded to any of my questions and that I amherc under Tbreat, Durcss and Candonl agalnst my wlll and over my obJectlon - speclllcally becauseofthe blatrntthreats of lncarceratlon for assertlng my rigbts.JIJDGE: Appearances, phasYOU: My obJecdon to my opponcnf I cppGaranoo ctlll rtandsrJudge.JUDGE: Veryw[ Mr. Dortte Lcfs getonwlth ttSCUM: My name ls SncalV Sqmor of theflmr Catchem, Scratchem & Cheatem; attorrreJ for Plaintlff'Golddlggor Dortte.YOU: My namc ls Duilley Dorltg In Proprla Persona, Sul Jurls, In Spedat Appearance, ONLY forIte purposes of challenglng tte Jurlsdldlon of thls Court to proceed wlth ttis nal''ier. May I remindyorlJudgg that AbsentJurlsdlcdon, you have no authorlty to proeed; AbsentJurlsdiclton, youhave no power to sancflon (contemp$ ; Absent Jurlsdlctlo& therc ls not eryen an lllusion to a clalm tolnmuntty ftom sult - wen ttough you nwer signed tte Walver of Imrnunlty, an act which shows thatyou lntent !o harm me- By the way, Judgg untll Jurlsdlctlon ls establlshed, you cannot address me asDefendant, or my opponentas Plalnffi.REMEMBER TO LOOK T]P TI{E ENTIRE JURISDICTION ARGUMENTJUDGE: I havoJurlsdlctlon, Mn Dortte. Are you golng to stop thls or am I golng to have to dosomeftlng drasdc?YOU: Judge, you know as well as I trat lt ls NOT up to you to establish Jurlsdictlon. It ls up to myopponent Are you golng to do hls Job for hlm, as well?JUDGE: I an a Supei{or CourtJudge ln tro State ofNewJersgr. I am empowered to hear EVERYtype of ca3e, Statutc_ glves meJurlsdlctlon ln this mat&r.YOU: That ls e:ractlywhat I mean,Judge. That only establishes one leg of the Jurisdiction platforrnWhat about the otiler thrce legs?JUDGE: What are you talklng abouPYOU: Judgg you know as well as I that flrere are four legs to the Jurlsdlctlon ArgumenLJurlsdlcdon ls not lllre being a llttle btt pregnant If Jurisdiction is NOT perfecte4 it is DEFECTIVEand lt doesn't edst I have alrcady remlnded you that, absent jurisdiction, you have no authorlty toprooeed, no power to lancdon You can't declde to hold me ln contempt and you lose even the clalrn totre llluslon of lmnunlty lFom sulL By tbe vtay, dld you talre an Oath to uphold the Unlted State$Constltutlon and tte Nerw Jersey Consfitudon?JUDGE: YesYOU: Good. I acceptyour ofier, and wlll hold you to tlre contract, personallSr and privately.NOIY, GO TIIROUGH TIIE ENTIRE ASSERTION OF RIGHTSJUDGE: Well, we are golng to proceed witr thls matter whether you llke ft or notYOU: I would Just llke to polnt out to yoq Judge, that you have stepped down from the bench andbecame a tlflganf; when you arguedJurlsdlctlon on behalf of my oppcnent Do ycu realize fhat, as alitigant, you no longer have wen your chirn to immunity, by your standards?JUDGE: Well, Scum, horpmuch does the Defendantowe?YOU: Ohledton,Judge. Untll suc.h tlme as this Court's Jurlsdiction is established, you may addressmeae rtTbe AocuredI, orMn Dorlte; butyou mayNOT address me as rtDefendantlr.JUDGE: Okay then, how much does lhe aeused owe, Scrm?YOU: ObJccttonrJudge, That ls a lcadl.g question fuom the bench. Are you admftting that you anetaklng the posltlon as a ttdgmt? Is tt tlme to move for your recusal as belng blased and preJudic.ed?SCUM: The Defendant ls ln anear's.-.YOU: OBJECTION! If Scum is goinglo persist in furtber preJudicing this Court, then I am going lomovefora mlsb:latJUDGE: ObJecflon sustalned. Humor hlm and call hlm the accused - for now. .SCUM: OkayrJudge, freaccused ls ln ar, ears-.YOII: Oblectlon! No foundatlon /t


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TIIE SCE{ARIO CAI{ PROCEED IN MANY DIRECIIONS FROM IIERE" AL\TAYSREMEMBER THAT YOU ARE NOT AI\{ONG ['RIEI{DS. REMEMBER THAT YOU CENNOTBE PITNISBD FORASSERTINGYOUR RIGHTS; BUT TIIgr DO IT ANInVAY.Before tre end of the day, lterc arc some lssues you want to get on the record:1. Wbat gave fte court auhorlty{urlsdlction over you:- a) Obltgc - eomoone obllgated under conbact @lacke Law Dtct)- b) I demand presmtuentof thefoundafoml lnstmnen{ wtth my authorfued signaturs, givn-knowlngb', wlllfrrlly, voluntarlly and htenfionally, fhatetrecftvety connects meto the forum.-u.cc!505., \tere you aware of the fast ftat the State was a party to your marriage onhad? What ras the-$tate's conslderaflon? TVlthout conslderadon, the contract ls NOT enforceable ln a Court of Law.

3

l/)


16/32

2.

ASSRTIOf, OF RTGMSall judges must take an Oath to uphold the united States Constitution as theSupreme Law. I accept your offer and will holdl you PERSONAILY to the contract.THIS COURT MUST TAKE JUDTCIAI NOTICE OF TEE CONSTITUTIONS OF THE UNITED STATESAND OF YOT'R PRIVATE AND PERSONAI CONTRACT WITH ME.I am not an attorney, and DEI{AND the Court conduct its business in English,according to Websterrs Dictionary. Any attempt to deceive me by using a foreignlanguage, such as Blacks or Bouviers l,aw Dictionary, must be stopped - thereason for attenrpting fraud, deception, subterfuge and evasj.on explained, andthe English definition supplied. The Court may have to supply me with aninterpreter - not for lega1 advise but only for the purpose of translation touncover the fraud, deception, subterfuge and evasion.Since I am not a lawyer, inexperiencedl with the law, I DEMAND wide latitude.I SIIALL NoT be held to the same rhigh standard' as a professional attorney.f assert all of ury rights under the Lord, as codified in the ltagna Carta,charta DeForesta, Declaration of Indlependence, constitutions of

-,Conrnon Law and the bnited Nations Declaration of Human Rights, adopted by theunited States in 1948. More inportantly, I further remind this Court of all ofthe liuritations imposed upon lJovernment run anrok through the Constitution andthe Amenilments - especially the 9th and 10th.I reserve and preserve all of my rights under Maritime Law. I deny any and allpresunptibns or infringements to my detriment, incl-uding the acceptance of theCompelled Benefit leading to the Implied Contract, that would tend to hinder nyposition under lard. I further DEMAND the Court inform me of any/all instances ofSfLENT JUDICIAL NOTICET so that f can respond if I find that it is to my detriment,To sunmarize, ALL rights dernanded , all infringements denied.As the Supreme Law-giver in this Court, the judge, through the above contract,must supply me with any and all law (or case law) which supports my position,should it be required.8: As the Suprene l,aw-giver j-n this Court, tlie judge, through the above contract,must stop any attempts to deceive me, and supply any and all law (or case law)which opposes the attempted deception.9. I deny all use of Judicial Discretion, until and unl-ess the Court has exhaustedFinding of Fact and Ruling of Law.10. Decisions made by this court must be accompanied by Finding of Fact and Rul-ingof taw upon which they were made.Il. I have already stated[y lack of knowledge in Law, but I will have the transcri-ptsof this court reviewed to make sure that all of my rights and protections werepreserved

3.4.

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6.7.


17/32

,3 -Three additional traffrc-couRTRooM TECTTMQUESFor the puraoses of taffic dckets, rvherc no one pas ldured, you would slp your neme AF'TER youreserved your rtghts by etfter*rftrng rr\illthout PrcJudle U.CC. t-207n or using lhe stamp underyour slgnature (thls ls fte besf,way of dolng tf, howerer, an5rwtere on tre same dcrrmentthatcontalns your slgnatue wltl do). One of two thlngs wtlt happen rvhen you put thls on your xtickctrr .1) tte officer wllt recognlze ftat you are a Common Law Cttlzen and the Vehide Codes do not apply toyou, or 2) he won't underrtand wtat you are dolng and wlll glve you the ticket anywey (probably arookle). DO NoT ARGITE TIIE AMOLNT 04 OR Tm TICKET, USE TIIE REMEDYPROVIDED IN U.C.C. 1-207. Wb.t you are dolng ls rcservlng your rlght not to be compelled toperform tmder auy contrectftatyou dld not en&r lnlo knowlngp, voluntarlly and lntendonalty.Furthermom, you do not aept lho lLbltlty of tte empellod beuerfit of any unrwealed contract oragreement (See U.CC l-207.4 at end)The Code does not appS to you. You know tha6 he may not AII he ls dolng ls hls Job, as was taughtto hhn After you bave.usd the remedy and stgne4 tryou gef fte 'rfckrfil anyway, donrt panlc,stmply watt unflI you get home and then wrtte on the tlckef Thls presentment ls hercby dlshonoredunder the Unffom Commenlal Code (or see sec !505). Under your slgatury put VtthoutPreJudice U.CC 1-207', photocopy ft and send ln the origlnal You should recelve a letter from thecourt statlng thatyour case ls rdlsmlssedn. If not and your ourt date anives, ltwould be a goodldeab commltthefollowlngb memory as bestasyou car.MaIc surc you request a court rtcorder. You need a ourt tanscript to appea[ and statements arenotaopealable. questlons are. The foltowtng should help ln court The entlre ourtroom rnay be toldffttey wtsh to see a Judge to reschedule wlth the clerk and may be rescheduled wtttout gotng b thecourtroom ttsetr Make sure there ls a court rccorder. The 'Judgerr ln traffic court ls a magishats,not a'rJudge[, and fftrere is not a court recorder, ft's not a legal court of law. DO NOT, under anycircr'rmstances, plead gullty, not gullty, innocen( etc., as you will have given themJurisdiction overyou and you wlll lose.So, nowyou have a real Judgg a court rtcorder, you're neady. The tirst thlng that happens is theclerk rcads fte charges, tren the frrn starts. DO NOT GO IN ACTING LIKE A KNOW-IT-ALL!!!JIIDGE: Do you understand the charges? (tlinckley rcver stmd trlal for shmtlng the prestdentbecause he dldnt undersbnd the charges).YOU: Nq your Honor, I do not @e as plesant as posslble)JIIDGE: Whrt doyou noen, you donit underctend tto chlrger? Vehicle Code such and rucb reyryru dld so and ro.YOU: Oh, ffs nottte lefter of the clarge, ft's theNATURE OF TItrS ACTION ftat I cannotunderstand. Noq your Honor, lhe 6th Amendment to lhe Constitutlon-gives me the right to ask thiscourttte natrre of ttls acfion against me and upon my reques( ft becomes the duty of the crourtto tellme &e nature of &ls actlonJUDGE: We[, qrhat doyou mntto knorr'?YOU: Well, is this a dnll or criminal adion?JUDGE: If s a crimlnal action - (won't say cMl because tt would then automatlcally go to Fed Court)YOU: Thank you Let tte record show tbat this court has declared that ttls ac,tlon agalnst (yournane) ls a criminal action Noq I have another quesfion ln regard to the nature of this actioruJIIDGE: Yes, rrtaf s ftls quesfion?YOU: Your Honor' fte Constltutlon authorizes two crlmlnalJurlsdlctions for ttir court One ls undercommon hr, but thls can't be a common law crlnlnal astlon because under the ommon lar tthenehas to be a corpus delectr 6 damaged party before thts @urt c'rn recogntze anyJurlsdtction Slnce noone has been damagod and wtthout a sworrr complalntfrom a damaged party, thls courl does not havea crimindJurtsdlcdon undor common Lq'. Butwhat puzzlcs me ls the only other crlminalJurlsdlcllon authorlzed for ttts court ls tte breact dan Intemztlonal Marttlme Contract under thecrlmlnal aspects of an Admlralty Jurtsdtctlon. I'm not aware of havlng ever entered any Marltlmecontads, so I dery that any edst, so you see dy I am puzzled about the nature of this acdon agalnstre? Cen you te[ nor or expldn to ne whetJurlcdLllotr lhlr oourt ls exerchlng.ln thb oc{lon egalnrdme'yourHmod


18/32

JIIDGE: (May be ups{ but stay ool) He may say, "I wlll not pracdce law ftom lhe bencb If youneed an afiorae5r, orewlll be prwlded'r, erh.YOU:YourHonm,I don't&hkaryonemuldaccuseyouof pracfdng lawfromthebenc.h f youper{ormyour duty rmdertho.6&AmendmcutandJusttell newhatJurlsdlcdonlhls crtnlnal acdonagalnstmelstobetlGd. I don'tlnowhowto defendtrI don'tknowwtatJurlsdtcdonl'm ddendingunder.JIJDGE: (l\tey or mey nd ray anyttlng atttle polnQ We\ tt's a Statutory JurlsdlcdonYOU: Thank you, yom Eonm. Let the reord show lbat lbls court has made a legal determtnadonthat tt has authorlty b. on&rct a Ctlmtnal Acdon under Statulort Jurlsdlction Now, f 've nererheard of thctJurlsdtcfronrandtte Constltrflon doesn'tmedonany suchJurlsdlcdon, so fiyou.antell rervhereI can obtalnltepubltshcd rules forfte Crlmlnal Procedure for S6utoryJurtsdlcdon?JIIDGE: (May be nadder) I am not ansntllng quesflons or pracddng hw hon the bench. If youd an afiomgl, oewlll be pruvlded. (or he may say lbatyou o get a copy ln fte lrw llbrary, e{c.)YOU: Thank yoq ym Umm Id fu rwd shary ltat lhh ourt has made a legat defiermlnaflonlhatttbs nuttorttybcon&rcf a CtlmhslAcdonrrrkaSE(RETJurtrdlcdonlhgtls loown onlytothls court and llcmred erneys ttelreUy Affyhg fu ddendaut lhe rlght !o ddend !n hls own personTO IgE JIIDGE: I an appcalhg lhe lcget ril*rnMon mde f,y ' tn courttLat lt can condudslmlnal acdon undcr e $ffiory|ubdlfu, and h ry appeal, f s6 nrmlng you, your llonor, as awllness lnmyfavonenilll lrrueaSubpmDucesTccrm, lnrrtlchyouwltt be requlredto brlng acopy of the rules of crlnlnal proceedlngs rrten you euten &e Appeals ourtTO TIIE PROSECUIING ATTOnNgt: I am subpoenalng the prosecuflng attomey as my wlhess tothe frcf ttst theJudge sal4 'a opy of lhese nrles wrre ln lhe court llbrary upstalrr' (or wtaterver hesaldl ,NOTE: Normlf you won't get ttls far, but ffyou dq tf s OJC because rrhen you subpoena tte Judgeand lte prosccrdng domey as rrthecse*, lhey have to do tbe whole f r"g all over agaln, and you maynot even get ihb frr on lLe reond tlmc around. It wlll bo dlemtesed hopefutry. If nog oame ftlng allover.


19/32

COURTROOM TECIINIQUEcrurs Issr.rcgr:TTDIFFERENT FROM TIm PREVIOUS ONE)

QUESTION: How did you rrbo? lnx the Judge?Thls ls easy to do lf you don't knsw too much I didn't know too muc[ but I boxed them In Youmustplayalltde dumb.If you arc arrested and you go to courl Just nemember that in a


20/32

'3He hs no ansrw for ftd, TheJudge wlll probably postpone the case and eventrullyJust let tt go Intrls wry, you can be ar wbe as a rapent and as harmless as a dovg butyou mush't go lnto courtwtthae.hlponyourshouldengndasawffh nrheop count4rt. Rememberfrewords, rrl scndyouout as shetp h wolf udy-be wtre as a rerpmt and harmless as a dove'. Just be an lnnocent lltttelanb who Just cant undeniland fte cbarge and rcmember - they can't try you crlmlnally I you don'tunderstand &e chergds! Thatmuld be autonafica$ a rwerslble ernor or appcal


21/32

MORE COTIRTROOM TE CHNIQI-iBMAGISTnATE: Doclct#YOU: Readyyourhonor. I am . I am standlngas my orgr counsel I haveappolnted mysets my own atlorney. And I am ready to proceed rvltt my admlnlstratlve andprudurat mafierr. And at ttls fme, yorr honor, If lt mzy please fte cour{ I motlon for dlsmlssalwlfr preJudtce for fallure to slate a cause ofacfron upon whlch rellef can be granted.MAGISTRATE: (May start to ask Dlsovery Quesfions).YOU: Ercuse ng your honor, ane you theJudge.-the dlslnErested thlrd party-? Are you the fyer offu u are you gohg to prosecrfie ttls case?MAGUnnAnE: Blab, bta\ bhh, eC.YOU: lttf aro you asklng dlscoveiy Ercrdons? Im't lhat rvhat fre procecrrtor ls suppose to dq yornhom? If you'rc golng b start operathg as Judge and prcsecrrtor, tren I'm golng to obJect on therrorderamlsflal andalsqonfte rcord as an appeahblelssue!MAGIIITRATE: (More dlscovery quesdonr)-Wty dldntyou have a llcense?YOU:WoI your honor, I hcvo avoly good ranmforlhet (Romeh rlhnt)MAGI$TRATE: WelL Mr. Wrlgg horr about tl?YOU: We[ your honor, I an an menfranchlscd mmon law X'ree man I am not a parfttpant ln anyToffic scteme of llmlted llablltty on a Jold ventre for profft wllh an lnsurable lntcrest requlrlngne to parddp'ate h these corporete Pond rc.hemer. ImJurt a negular men wto works and havels ettrecommonlm. IhaveartghtbworkfrtoSandunencmbercdpursuanttoBalleyvs.Alabamaand ttat rtght ls ro baslc &at tt dcsn't wm need to be rentroned. The stab ofNew York (c ?)arbtbar[y and enoneous[r converted ry rtgbtlnb a prMlegeand lssued a llce,nse and a fe for ltMurdoc.k vs Penn - rt{o stale Dry convert e sccured ltberty lnto a prMlege and lssue a llcense and afec for lF. And tf they dq Shudeswor:lt vs Blrmlngham - "I may lpore fre llcense and engage lnthectlerdscof6ztrtghtwtfrtmpmtty'. SlncelhaverclledonprerlousdedslonsoftheUntiedSffies Supreme Courtand upon Constltrtlonal defnre.-I have a perfed defenseforWlhdness. Iam IMMIINE to tre prosecudon * Thercforg tfu prorecrrdon cormdl des not have a cause of actlonupon wtld relld can be grafrd. I modon fon dlsmlseal wtth preJudlce for fallure to s@ a clalmupon rvhlch rcllef can be granted. And I would llke to collct my fecs for havlng to defend thtsspurlous and frfvolous cast

T


22/32

t'.jANOTHER TRAFFIC COURT EXAIIPIE

Whea appearing in court the first rule to rememberi ans:ee.r-D,o.ouestions. "not even your name." Ask first where is the injured party.The injured party must be present! The rule of corpus delicti requiresan injured party be present for the accused to confront. If a policeofficer shows up, ask if he/she is the injured party and have hin/herexplain how he was injured. Ask the judge if he is the injured party,then the prosecutor...keep asking questions. The Corporate State ofcan't show up as the "corpus delicti." If the charge against youis 'running a stop signr' aak the court who was injured as a result ofwhat they dlege? The judge rnay try to move on with your case,asking you for a plea of innocent or guilty. Your respsnss will be,"your Honor, under the ruleE of this court, an I reguired to enter aplea before discovery of alt the facts?" Keep asking questions! Lawstates that a plea cannot be required before the rule of discovery isallowed. Ask for the court to dismiss all charges based on the rule ofcorpus ddicti. If you are required to continue, ask for a continuancebased oa the request for discovery. Be respectful and courteoua. Younight even ask to aee the judge after court and continue to askguestions...you may learn a loL At that tine it may be helpful to askhin/her to read the last aentence of 1-103.5 of the U.C.C., which says,"The code cEnnot be read to preclude a comnon Law section." Yournight ven mention, reith kindness, "you, judge, may even be open to aliable suit for violating ny rights under conmon Law, by using thewrong statutes ia prosecuting me." He/ she will know that you have aremedy or recourse, if you exercised that renedy to preaerve yourrights under common Law. pay to the judge, "your Honor, I haveexercised that renedy, and nort you must construe this U.C.C. statute inharmony with Conmon Law, you must, by law, come forth with a damagedparty...or you are liable for danages." Before we go on...it's going tobk-a lot of courage - have you done your hodr-6work?Let's step back into the courtroom and assurne the judge wants to goahead. Here you will have to continue in your state of helplessness, slyas a fox and harnless as a dove...asking, "your Honor, I need tounderstand, has this court made a legal determination that sections 1-207 and 1-103 of the U.C.C., will be the systen of law under which youare going to proceed? And, if so, the Uniforn Commercial Codes are notva'lid law before this court!" Say to yourself, "I can do it." Now, thejudge can't throw out one part of the code while upholdine the other.He is between a rock and a hard place. If he continues to bull through,make the statement, "Your Honor, I place this court on notice that I amappealing your legal position, and request e court reporter be present.To continue, vre are noi in the circumstance of receiving a trafficviolation, we need to know how to ded with it. Never assume anattitude of rebdlion or anger...you'11 lose - big-tixne!! You are pleasantand cooperative, and because you have a heavy schedule for the nextmonth, ask for as much dolay as possible. If your smile and attitudedidn't get you out of the ticket, don't forget to sign the summons'tlithout Recourse, vCC L-2O7.I{ithout delay go to the traffic court and explain your intent to appealthe trafFic ticket, and since trnffic court is not a iourt of record, youwant to bypass traffic hearings and go directly to a court of record forpurpoaea of obtaining a record of the proceedings for the appeals court.This iE an essential docunent which you must have.


23/32

If you have done your homework, taken all of the steps necesaery toprotect your righta, being a Datter of record, you will need to reviewyour positionia: Have you properly protected (reserved) your Common Law rightsunder UCC?b: Has it been done properly and on the right documents, in writing,i.e., "Without Prejudice, UCC L-207r" on your driver's license...or onphoto identification for travel?c: The steps cited Above will reguire the Code be read in harmony withcommon Law. Common Law adnits the statutes exist, but there is noinjured party.d: Under comrDon Law if there is no injured partX, or corpus ddicti,there is no jurisdiction.A judge, in his/her disdain for individual riehts, may wish to roll overyou by continuing the case. If so, continue to ask guestions andrefraining from answering any questions. Ask, "your Honor, have youmade a legal detrmination that this court has the legal authority underthe jurisdiction that it is operatinS, by ignoring the sections of theUGC, which have been cdled to its attention? If the answer is yes, youmust put both the judge and the court on notice of your intent toappeal, and also, seek a remedy for any personal damages caused by hisruling.'


24/32

YOU'RE GOING ABOI'T YOUR \TAY-MINDING YOUR OV'N BUSINESS-JUSTWALKING DOWN IEE STREET-MAYBE YOUTE TRA\IELING IN YOI'R NCARN-YOU'RE SI'DDTNIJ STOPPED BY A "COP"WTIEN YOU KNO}V DAITIN \trELLYOU HAVENT DONE ANYTHNG WRONGWELL, DONT GEf, ANGRYJUST ASKA FBWSIMPLE QITESTIONS-1. Amlrlndrarrlst?2. Has a crlne bcm onnttbd?3. What ts lh probable causc? -or- Doyou hrve probable cause?4. Doyoubave asarenl?5. Do you have a search wan:ant? - ftafs trthey wantto lookthrough your rrstrff6. By u&at order of authodfy ereyou unfu ttatwould allowyou to glve me orders and dlretftves?lYhen asklng a op ttat hst questton, nemenbcr, you're asklng lhem lhls because they\e Just ualkeduP to yoq (nout of norrvheret) and askcd to ree tridentfrcafionrr and otren questions to thrt ffectThey're not suppose to do trd. If that was the case, &m ANYBODY coutd walk up to you and startasklng lnvadlng quesfionr. The publtc mrrant(cop) MUST hre probable cause. You have a RIGIITTO TRA\IEL, sfrehr onfmtor by car, unhpeded, rvthoutbarassment-Jf the nsltuafonn goes fru.lter, you can tell lhem.-trI'm not out here causlng any trouble, I'm mlndlng my own buslness. As long as I'm not hurtlnganyone or damaglng any property, I bave a RIGET to havel (go) rvhere and wten I want to wltroutbelng harassed or quesffoned. If you dont have a reasonable probable cause for stopplng me, I,mgoing to condnue on Et Et sclong". orwords to that erffect-you get the pic{ure.Bastcally' Fftcy don't have a legttlmate reason for stopplng yotl they shouldnL A worant for yourtrdt or being obsttd fuing tltc connission of a oime (thlngs to that effect) ls a legltimaterason/probabb cau{:. Your obJecftve lsbtalktothem wlthout your belng harasss4 unnsssar.llyamested and defabed or-hvc aly oilher prcble,m. Sq don't be a nsneraassn and don't get "snotty.'You probab$ won't hve to rck aay quesflon llsted here. Whether you'll be left to go on your waywiII depend onyoursefi, your demcanor, and tre cop ttat stopped you. It can't be sal4 for sury theoubome of ary pardcular dnratbq but f weryone lnvolved ls ctvll, l' tngs should work out flne.Just remembcr, trere are m guananteer.WHAT IT'TIIEY IIA\IE AWARRANT?If you're unfu arresi &at mcans tteg have a warrant (askto rce lt) and you have to go wltt them.UHAT IF'TIMYUTAI{T TO SEARCII YOU AND IIA\BNO SEARCHWARRANT?they oan't tlo &af lfs a violation and its not within tcir "lawfrrl authoritf . They've GOT to have a sealchwarant. (Rerrembcr, wete going on fte pesmrytion that youVe dmre notring wong). Dont allow copsto conduct an ltlegd $arch of yorn vehlde or property. Tt eytr most likely ASK if they can make asearch - you DONT have to say yes. Donrnd yorr 4th Amendment rlghts Evtdence found could beused agafn$;m. If fuy pertlst explaln totrem tht, nlfm lauz.abldlng and aq mlndlng my own tlt


25/32

,,,?busherr. I\e oommtt&d no crlme and I'm mt carrylng auy oontraband" Unless you can stateprcbable cause to lhe ontrar:r for fte benfft of ftts tape neborder, I'II be on my yrayn. If lhe cop(s)ges beyond hls Mil au&orfty and vlolates your rlgbtt, you cpn fle a complalnt Put &o oop otrnotre and ary act to fu contrary wlll bewilhllWHATIS PROBABLECAUSE?1. $omeone has nadoa omplaffiaboutyou (dalmed you dtd.*rvtatwer)a Cop(s) iryyou do Mlng lllegal or unlarvfol- specdlng, causlng a dtstubane, d.3. A radto bulledn/prcchcf Scr, ete- fits yolIr descrlptm (askto hear descrlptlon){. If lhcy have lcgttlmde probable causc, then eopor$. Aly mlsunderstandlngs wlll have !o behmdledlatcr.wlraT rF c{)Ps GET ROrlGg AI\tr' 'DONT WAIIT TO mAR rT"?1. You can tell ften you wut !o see frelr captaln on duty tmnedlately (you'll watf). Ithcn (or fF) hearrtvos, tell hhn tt appoars you were stopped megary - for no apparcnt reason, wthout pnobablecause and wre told ym wren't rmdcr arest You'd llke !o know f wtat frey're dolng fs bgel (tfrudawfuI) beurc you'wmnt dolng anytting ltet would hrve aroused susptdon end vas Justmlndlng your own buslness.2. If ftey'rc golng to be dffiorlt, ftere my not be much you can do at t' -t polrt Remaln as calm asposslblc Don't get'physlcal' because someone ould end up hurf or dead. Don't gef crazed orexclted el&er. Remember, they have ready-avallable srapons GuD, sdcls, taser, hard shocs, ete)r.If ttey perslst ln hemsslng you, and &en lnslst on taklng you In, falsely arrestlng an{ lmprlsonlngyoq thls inonvenlence ls grounds to flle a bwsrilt pursuant to Tlfre 42, U.S. CMI Code, sec'ltons 1983and 1985. Ifyo carl explaln tte clrcumstances of lhearr,erttotbe captaln oNl duty attre prertnct Itmay not do auy gmd at trat moment buq h fte long nn1 the op(s).ls tre one who'll pay theoonsequnces. Gff fte arrestlng op(s) namg badge nunber and bond number and make aomplalnt to the CMthn Complalnt Rwlem Bord (CCRBI The telephone number ts 800 341-CCKB[?:272. After at last lhlrty (30) days, you should make a requesg ttrough tte Freedom ofIdomatlon Law, for the wrtttin rcsults of lhe complalnt - to sce tr somethlng has been done a6off ft -and you can use frdto sue trem.

You should keep a smll tape rrccorder and blark tapes on yourse[ wten out - especlally ff you'rcprone to behg stopped and quesdoned - ft may oome ln handtlft hposslDle!o anssr wert quesrdonlAat erlses. Eact hdvldual stfiadon ls dfferenL Use yourhead and leam as much as Jrou can about ltis nsystem' and tts laws. Evely lltde blt of lnformatlonhelps ardyou can bulld on lt


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A'COP STOPN SCENARIOElder ls repor.&d to hrve told hls toops rr&en you push ln rrltt your bayonef.-ffyou feel musb,prers on, but ilyou feel steel, pull bac&'Ihavenowayofknowlngwtatyouhavelnsldeofyou-mushorsteel On$youcandedde- Perhaps,h fts pasj lf r alwrys bcon murh. But maybg because of fte $rtngs you are readlng you arcdeddlng to put some Jteet f,bcrl ln your soul Ellter way, your suooe3s ln the courhoom or ln anyofrer endavor ln lhls ltrg will be gtdy lduenced by uftatyou ane made of,Ihe exctdng ttlng ls that you can change You may beJust an ordlmry 'Ja sh-paclc" out ttere wltt8 nslaven nmUty. Or, you my hve e gbnt on the lnslde lhafs beglnnlng to arralren and the glantbat n$eol'rIIow can you f,nd ort trtore'r ery stcol h ttore? Easy. Start demandlng your rlghts Don't lef oneclancesltpbyhryhlchyolnafuerteutywalveyourrlghts l*tmeshowyouhwtostartTEENEXT TIME A POLIG OTX'ICER PTTLLS YOU O\MR. ASSERT YOURCONSTITUIIONAL RIGATS, IEE SCF{ARIO MIGUT GO SOMETHING LII(E TIIIS:Cop: (wlks up to your verblde) I muld llke to ree your drlyer's llcensg registration and prmf oftnsurance.You: Gorid wenlng Whatls the probable causefor ttls stop?Cop: What doyou mean probable cause? Glmme your llcense.You: Sh, am I freeto lcave?Cop: Nq of surre not Now glve methatllcense.You: We[ ldtTs see.-[I'm notfreeto leave, I must be in crrstody.Cop: Lmk Dudg I don't knowrvtatyou'rc @ng to pull but I'm gonna glve you one more chance toglve me your llcense or you and me are goln' downtmn Do you understand?You: Let me see il I tmderstand your poslflon You have trus far made an unneasonable 4thAmendment relan e of ry perrm and rr:frrce to lnfom me d auy probable cause for the stop. Plus,rnI rwtoundor:rhndltrtl rn underlhrcotof,enertfor dnply demrndtng&rtn;z Conrtthrafondilgtrts not be ylol|led? Is ttetyour posmon, sm By the wat, |s n posslDle that ary answers I glveyou may be used agalnst me ln a crlmlnal prosecution?Cop: Eowshouldl loont?You: Iilhat I mcan ls, shouldn't you adnlse me to remaln sllent and ttat I have a rlght to have anyattonrey preeent-?Cop: Look, Mack! I've had about a[ fu- I'm gonna take from you! Now give me that licenseor gef out of trls car!You: Irt mo re ff I undcr:trnd your poettlon I am under ltreat and duress and fear of arrestrmlers I compty rvtlt your uueasonable demand and uwtlllngness to rratt undl my at&omgl canarrtve to glve me legl aftloo dlch I fcel frd I may nced. I am merely demandlng that myConstthrflonal Rlgbts mt be vblated. Are you &Illng me you frr[y understand my posltlon and yefare sdll lntent on fonlng me agetnst my wlll and over my obJecdon to capttulate to your demands?@: *????

l'


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,r7 My unrlemtandhg ls ftat f yur have a tape reorder or reliable wlhesres on ltand and frlt 'of,her"rhouldarmstyanrmderlheprddt Mbod semriqyou my havean excelleutl'ederal lawsuitpursuant to lldo 4?,, US CMI Code. One nlgbt lnJall ottld be worft 310,000.00.Iamlnnorvayrtemmendlngftatyounpush'trenofrcerrtntoanythlngJustfon'rklck$n Butyutrre toe$ dftfn youn rlgbtr to hsve knowledge of *y you ene bolng ttoppod. After dl' lftr le rlltrAmerlca, notlhe $ovlet Unt'on - although pollce tacfcs ar,e raptdly taklng on a Swlet color heraWhlleyouanefndhgouthowmuch trsteclr youhavehyou, dor',emembertratfre'offietr" lsprobab! as dwdrl of nknmtedge' as you are at thls pol$. So don't take unfalr admntage ofhtn/her. Itwouldratltbebfrertnfrelong-nmtrwcoulderlucatetometpollceoftcersnoutthererafterltandempttomake somebucks rulngftcm.Andtruly, myexperlcnels showlngme ttdtreie are a lot d notEers' ftd do rce the hypmlsy of the syste,m and dont llke tt ary better than wedo.Butataryr*,ttls [ldeexpedsncenaywll glveyouan ldeaof wtatyou have golngforyou- mushor $eeLIf youwlltatfteprcsence of an'officern andfindyoursetrhoplng ttat he/she dasn'tpull outlhelrgmanrl klllyou ontre spotfor stmp$ havlng atr[ llgbtout, then, lefs face tt-yott are more nushften rteeL


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3

NOTICE TO ARRESTING OFFICERAND MIRANDA WARNINGNotice is hereby given to any officer causing my arrest.The Citizen which you have placed under arrest, demands all of hisrights at all times and does not waive any of his rights at any time, including

his rigbt to time and properfy.The Citizen you have placed in your custody is working in the capaciryof a civil rights violations investigator and you are hereby warned that fromthe time you have come in contact with me your actions have been

scrutinized. Any illegal or unlawful actions you take from this point on willbe documented for civil and criminal prosecution.T is notice is made in good faith, and as to any criminal prosecutions,after your complete identification to me by rank, proof of agency and/or title,v,ou have the right to remain silent. and anvthing that .'you sav from this pointforward will be used against you in the form of criminal affidavits and civilsanctions. You have the rieht to have counsel present before anyinterrogation or civil disclosure.

These are the conditions to be met by an arresting officer to avoid civiland criminal penalties:1. WARRANTLESS ARREST: You are not to arrest me unless youhave seen me commit an arestable act, or have exigent circumstances tocause the arest2. ARREST {JPON'vYARRANT: The arrest-warrant nust be in yourpossessio-n _and must be supported by an affidavit ittaehed to the warant asper the 4th Amendment to the U.S. Constinrtion. The arrest cannot be basedupon hearsay unless supported by a warrant with a bona fide affidavit basedupon first hand knowledge of the Affiant, charging me with a felony or othercrime. If you act unreasonably in your investigation or use excessive force, itis a 4th Amendment violation, violating clearly established law.3. If you are arresting me without a wiurant, vou must take meimmediately before a judicial officer of competent jurisdiction to determinewhether the arrest was lawful or if there was probable cause for the arrest


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t? pursuant to clearly established law. This demand must be met prior tobooking, and if you do not comply with this demand, you will be sued.(Supreme Courts have held that they are open twenty-four hours a day, sevendays a week, 365 days a year.)4. If you arest me without a warrant in your possession, or with awarrant that does not comply with the 4th Amendment requirements, youwill be sued in your personal capacity., 5. If you arrest me with a warrant, and it is determined.Iater that thewarrant was invalid, you will be sued and held liable for false arest in youroff,rcial capaclty.

6. You may.not take any property or wrongfully convert my property(such as my persohal photograph or fingerprints) without written authorityfollowing an adversary proceeding which completely complies with myconstitutionally protected right to due process secured to me under the 5thAmendmbnt, and concluded with a signed order by a judiciat officer ofcompetent jurisdiction ordering the taking of said properry (court order).7. I must be given a phone call forthwith, to contact my outsidecounsel or next friends.8. I must be given adequate access to a law library and provided withpencil and paper to preparemy habeas corpus. ---:

The copy of this instmment which you have been served with, willbecome prima facie evidence of any bad faith on your part. If you ignorethese warnings it will be a showing of bad faith on your part and prima facieevidence of your deliberate indifference to constitutionally mandated rights.Remember you are a public servant" and have taken an oath. to uphold theConstinrtio-n heretofore qeferred to in this document. _- .YOU HAVE BEEN SO NOTICED.

: Wi*l explicit reservation of all rights, and waiver of none, vested andretained, I remain,


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'9

THIS FAGE INTENTIONALLY LEFT BLANK

p


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TRAVEL A}ID TI{E POLICEThe right to tnavel is constitutionally protected. Zobel vs. Williams- 457 US 55 (1981)

1. The ttlnvestigative Stop" Dctcntim must bc bascd on specifig articulablc facs and radmatinfe.rrncc TTnna{6nfu1i2s{ suqpidoo" asd "iltrticulato bunchcs" alons sot good cnoug!. A \nlid-r-.nimicstigatiw stop' mrrst bc basd m 'rcasonablc articulablc srspicio'n" (RAS) U.S. vs. BrigsmarL 9318n705 (1991). U.S. vs ShicHand. W2FZ9B7 (1990). U.S. vs Strenhan.948 F2 r55 (1993)"kcffital Eatrc stopE arc a violalion of thc 4& Amcndnenf U.S. vs. Eldridge, gU n, 943(1ee3)2. The Initiat Questioning: Officcds qustions mrst relae to purposc of stop, or dglcrilim of &ivcris wcasmabla US vs JaESlEs 990 F2d (1993).I may rfuse to prwidc.the policc ID or informarion- U.S. vs Brown. 731 F2d f+gf ifg8+). Mo],a vsU.S.. 761 Yn3n (D8t. Brcwn rrc. Texas. 443 U.S. 47 en .]}c tidtt to-pdvary inchrdcs an 'individual intdcst in avoiding disclosurc of pcrsonal mattcrs.'$ralen vs Roe. 429 U.S. 589 Qym.Imzy not be arstd solcl5l to asccrbh my idcnt'ty.Anington vs" McDonald. 808 F2.1456 (1980.Ivfy ncfirsing coosnt of a scarch is not basis for RA*S, no PC to scarch or iqpormd nryrrchicla"g,S-:sjenset 9nF2dZT2(t993). U.S. rn. Atexander, 835 FZd 1406 (fgSB)Ilnlcss my answcrs prcruidc PC, Im frce to go. Oncc my documentation is rcurrnd Im free to go. parkerrni Sftong; 717 F. Sqp. 767 (1989). U.S. rn. Soto. 988 FZd 1548 (1993).3. My 4tt Amendment RightI do not hn E to bc suspcctcd or accuscd of sriminal bchavior to cqioy ry 4th Amcodmqrt protcctions.rL8. v:. Erickron. 99lF?a 529 (L993). cpsadyw. Tactctt. 938 Fzd 699 (lggl).- Errcnif myvchiclcl,as stoppcd lcgfiimalch thc policc may not search it *,ino* probable dusc.U-S. rB" Wanless- 8g2FN 1459 (1989)A tcrry fiisk nay ody pat for wcapms, not*acrh in pockcb. officers mrxt first bcfievp a theat is pcned-u.s. t: santillsns. 848 Fzd 1rG988). u.s. vs" wantss. F?l 1459 (1989).Govmcnt mrst prorc alled coosc'lrt to scarch, ard trat conslrt was gi.rcn ftcly aod vohmtarity. LT.S.r . Vilfareal 963 F2d nO G9y2). U.S. vrs" Dickerson. 975F?;dLZ4S (L9..fIz). U.S. vs Tifiman. t]63 F?lt37 (r9v2\\PaivErB ofd$ts must bc donc lcnowingly aodrohntaity.4 Iilrho or What I l["y B" Wth: Arrcsting nc givcs no PC to arrcst othtrs wih mc. U.S. vr PrietoDtlla 91O fz.l60l (1990).


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Mcre prcscarcdassociation wih possessor of contaband is insufEcicnt to establish posssssion on my parlU.S. vs. Garicia- 983 Fzd 1f60 (1993).It is not a crime simpty to tavel wittg wcn knowingty, someone who is carrying druS. U.S- vs- Teffera-e8s F2d 1082 (1993).Association wittr criminals by prroximity, convcrsation, or companionship is insufficicnt to suprport PC toarrcsl U.S. rns Munoe 738 F. supp. 800 (1990).S. If Arrested: Arrcst may not bc uscd as a p,retext ior a searcb- Laing vs. U.S. 891 F2d 683 (f 989).Ascst m5t be both custodial ad laqrfrl to $ryport a 'scarch incidsrt to arresl' U.S. vs. Mota 982p,d1384 (1993)A 'seaxch incidnt to arrcst' is limitcd to area within my irunediarc control (ic. not cntirc car if cuftbd atrcar). U.S. vrs Vasey. 834 Fzd 782 (1987). U.S. vs. Ilernandea 901 F2d 1217 (1990).I nray Ircrbitly clallcnge the ofrccds actiondask for his ID Gainor vrs. Roverts. 973FZd 1379 (f992)-If the poticc falsety arrcst me without P.C., thsy have no "qualiEed immrmity." I\{alley vs. Brinss. 475us 335 (1980. !Policc sgpcnrisors are liable if ttrey authorize or approvc unconstiunional conduct of offcnding officcrs.White vs F'arier.__849 Fzd 322 (1983). Ghandi vs. Detroit P.D.. 747 nd 338 (1984). Stoks rn.Deleambre. 7l0F2d 1120 (1983).AFedcrat ofrccr who uscs sr(ccssi\/s forcc acts in bad faith and may bc rcsisted. U.S. vs. Span. 970FZd573 (1ee2).6. Property Seizures: Having a large amount of cash is not pcr se wideircc of drug rclated illegal activityforfsrftinroprrposcs. U"S. vs. $ii11.990 in U.S. Currencv. 982E2d E51 (1993).