[00:00.000 --> 00:08.000]  This is the Liberty Beat, your daily source for Liberty news and activist updates.
[00:08.000 --> 00:11.000]  Online at thelibertybeat.com.
[00:11.000 --> 00:16.000]  I'm Brian Hagan with your Liberty Beat for Monday, February 24th, 2014.
[00:16.000 --> 00:20.000]  Gold opened today at $1,331.
[00:20.000 --> 00:27.000]  Silver opened at $22.02, while Bitcoin is trading at $569.90.
[00:27.000 --> 00:34.000]  Support for the Liberty Beat comes from SovereignBTC, media, marketing, and consulting for the Bitcoin ecosystem.
[00:34.000 --> 00:38.000]  Online at SovereignBTC.com.
[00:38.000 --> 00:45.000]  Support for the Liberty Beat also comes from Mass Appeal, affordable, high-quality printing, now accepting Bitcoin.
[00:45.000 --> 00:48.000]  Find them online at MassAppealinc.com.
[00:48.000 --> 00:53.000]  The CEO of Mt. Gox has resigned from the board of the Bitcoin Foundation.
[00:53.000 --> 00:59.000]  Reuters reports Mark Karpole stepped down Sunday with the resignation effective immediately.
[00:59.000 --> 01:06.000]  His decision follows numerous apparent missteps and technical issues incurred by the Tokyo-based Mt. Gox Bitcoin Exchange,
[01:06.000 --> 01:09.000]  including the decision to halt all withdrawals.
[01:09.000 --> 01:18.000]  Mt. Gox was a founding member and one of the three elected industry representatives on the Bitcoin Foundation board.
[01:18.000 --> 01:22.000]  Hong Kong's first Bitcoin retail outlet is set to open on Friday.
[01:22.000 --> 01:31.000]  The South China Morning Post reports the 400-square-foot shop in Sai Ying Hun will allow walk-in customers to trade cash for Bitcoin.
[01:31.000 --> 01:39.000]  An identity card and proof of address will be required of customers in order to comply with customs and excise rules regarding money laundering.
[01:39.000 --> 01:49.000]  As the retail outlet is set to open, several firms are working to install Bitcoin ATMs at locations in Hong Kong.
[01:49.000 --> 01:54.000]  The United States Defense Advanced Research Projects Agency, commonly known as DARPA,
[01:54.000 --> 01:59.000]  has announced they will be working on a smartphone-piloted military drone.
[01:59.000 --> 02:05.000]  The drone will be designed to assist troops on the front lines of battle in avoiding explosive devices.
[02:05.000 --> 02:15.000]  Drone pilots would fly the machines using the aerial reconfigurable embedded system installed on a smartphone or tablet.
[02:15.000 --> 02:19.000]  Support for Liberty Beat comes from Dorothy Erminger at Cap Star Lending.
[02:19.000 --> 02:23.000]  Dorothy can walk you through the ins and outs of buying a home.
[02:23.000 --> 02:34.000]  Give her a call, 512-343-6494, or apply online at calledorothy.com, NMLS 216-624.
[02:34.000 --> 02:42.000]  Support also comes from My Magic Mud, available at Brave New Books or online at mymagicmud.com.
[02:42.000 --> 02:46.000]  And from Brave New Books, online at bravenewbookstore.com.
[02:46.000 --> 02:51.000]  This is the Liberty Beat for Monday, February 24, 2014.
[02:51.000 --> 03:16.000]  Check out the website at thelibertybeat.com.
[03:16.000 --> 03:24.000]  Really, man, come on, six o'clock news, says somebody been shot, somebody's been abused,
[03:24.000 --> 03:30.000]  somebody blew up a building, somebody stole their car, somebody got away,
[03:30.000 --> 03:39.000]  somebody didn't get too far, yeah, they didn't get too far.
[03:39.000 --> 03:47.000]  Grandpappy told my pappy back at my day's slot, a man had to answer for the wicked that he'd done,
[03:47.000 --> 03:53.000]  take all the rope in Texas by the tall old tree, round up all of them bad boys,
[03:53.000 --> 04:01.000]  hang them high on the street, for all the people to see.
[04:01.000 --> 04:07.000]  That justice is one thing you should always find, you gotta saddle up your boys,
[04:07.000 --> 04:09.000]  you gotta draw a hard line.
[04:09.000 --> 04:13.000]  When the gospel settles, we'll sing a victory tune,
[04:13.000 --> 04:17.000]  and we'll haul me back at the local snow.
[04:17.000 --> 04:22.000]  We'll raise up our glasses against evil forces singing,
[04:22.000 --> 04:31.000]  whiskey for my men, beer for my horses.
[04:31.000 --> 04:35.000]  All right, folks, good evening. This is the Monday Night Rule of Law Radio Show.
[04:35.000 --> 04:40.000]  It is March 3rd, 2014. We are live tonight.
[04:40.000 --> 04:42.000]  Now, I've gone ahead and opened up the telephone lines,
[04:42.000 --> 04:47.000]  because I don't have a whole lot I want to get into having to do training up on tonight.
[04:47.000 --> 04:50.000]  I would much rather have people on for as long as possible,
[04:50.000 --> 04:52.000]  so we can have some good discussions going on.
[04:52.000 --> 04:59.000]  But while we are waiting for callers to call in, call in number 512-646-1984.
[04:59.000 --> 05:03.000]  There are a couple things that I'll talk about until we do get some folks up here.
[05:03.000 --> 05:10.000]  Now, the Sunday classes are picking up again as far as the number of people of attending.
[05:10.000 --> 05:15.000]  They haven't ceased at all, except for a very short couple of weeks through Christmas and New Year's,
[05:15.000 --> 05:22.000]  when the bookstore would be closed for multiple days in a row or so on consecutive weekends.
[05:22.000 --> 05:26.000]  So that's about the only time that we don't hold the classes,
[05:26.000 --> 05:30.000]  or unless something actually prevents me from holding one.
[05:30.000 --> 05:36.000]  But the numbers are picking up again. We're still not nearly as many people as we need to be.
[05:36.000 --> 05:38.000]  I mean, 10 people, come on.
[05:38.000 --> 05:43.000]  What can we do with 10 people as far as getting the word out compared to 20 or 30 or 40?
[05:43.000 --> 05:46.000]  And I'm not saying that from a give-me-money perspective.
[05:46.000 --> 05:55.000]  I'm saying that from where in the heck is your interest and your concern about your ability to protect yourself
[05:55.000 --> 05:59.000]  and invoke your rights when you're encountering your public servants,
[05:59.000 --> 06:04.000]  whose sole objective these days is to convince you you don't have any.
[06:04.000 --> 06:08.000]  And it's not that you can't learn what your rights are without me,
[06:08.000 --> 06:18.000]  but it certainly helps you learn how to enforce them when you practice doing so in a group of like-minded people.
[06:18.000 --> 06:21.000]  That support network, as far as knowing that somebody's got your back
[06:21.000 --> 06:25.000]  and is out there knowing what's going on when you do something
[06:25.000 --> 06:32.000]  and help explain it to people who ask questions, can give you a lot of courage you otherwise might not have.
[06:32.000 --> 06:37.000]  And for that reason alone, the classes are valuable because it's just like going to church.
[06:37.000 --> 06:43.000]  We're not commanded to go to church simply to be obedient to God.
[06:43.000 --> 06:48.000]  We're commanded to go for the fellowship, for that mutual support of each other
[06:48.000 --> 06:56.000]  in reinforcing and affirming that our beliefs and our service to God has real value,
[06:56.000 --> 07:00.000]  that what we're doing has a benefit.
[07:00.000 --> 07:05.000]  And that benefit comes with applying that as a purpose.
[07:05.000 --> 07:07.000]  And the same thing here.
[07:07.000 --> 07:11.000]  We exercise our rights for a purpose.
[07:11.000 --> 07:14.000]  It's to ensure that they're not forgotten.
[07:14.000 --> 07:20.000]  It's to ensure that our public servants certainly can't forget that they exist.
[07:20.000 --> 07:26.000]  And it's to be able to flex them like any good muscle.
[07:26.000 --> 07:29.000]  An unused muscle atrophies.
[07:29.000 --> 07:30.000]  It becomes weak.
[07:30.000 --> 07:32.000]  It becomes flabby.
[07:32.000 --> 07:36.000]  And eventually, it will become useless.
[07:36.000 --> 07:40.000]  You won't be able to do the work necessary to rebuild it
[07:40.000 --> 07:46.000]  because the muscle will no longer have the strength to do the work at all.
[07:46.000 --> 07:51.000]  And folks, we are on the roller coaster speed ride to hell
[07:51.000 --> 08:01.000]  in relation to the exercise of our rights turning into limp, useless, wasted muscle.
[08:01.000 --> 08:06.000]  And what concerns me most about the number of people not coming to this class
[08:06.000 --> 08:21.000]  or classes like it anywhere is that shows just how fat, lazy, and worthless Americans have become.
[08:21.000 --> 08:33.000]  We really have just abandoned any idea and concept of right, wrong, Americanism, values.
[08:33.000 --> 08:40.000]  The importance of keeping all of that in perspective with I can only be free
[08:40.000 --> 08:46.000]  as long as I'm willing to ensure that each of you are free also.
[08:46.000 --> 08:49.000]  Because let's face facts.
[08:49.000 --> 08:55.000]  If you have the power to take freedom away from one or two or three other people,
[08:55.000 --> 08:59.000]  then somewhere there's people that are one or two or three or more
[08:59.000 --> 09:04.000]  that have the ability to take that freedom away from you.
[09:04.000 --> 09:12.000]  Only by ensuring that everyone understands that no one has that right
[09:12.000 --> 09:21.000]  and acts to enforce that will we ever actually be free.
[09:21.000 --> 09:26.000]  Now, human nature means that we have to have a conflict of some kind.
[09:26.000 --> 09:34.000]  And liberalism being the mental disorder that it is, we're never going to cure them
[09:34.000 --> 09:39.000]  because there's always going to be that group of people that is rightfully pardoned
[09:39.000 --> 09:43.000]  what seems to be a politically incorrect term,
[09:43.000 --> 09:47.000]  but you know how I feel about politically correct to begin with.
[09:47.000 --> 09:54.000]  The fact of the matter is there are many people in the highest echelons of power in America
[09:54.000 --> 10:00.000]  that should have never been let off the short bus as children.
[10:00.000 --> 10:10.000]  And that is unfortunate because you've basically given that person control
[10:10.000 --> 10:19.000]  over someone else as the one driving that vehicle with everybody stuck in it.
[10:19.000 --> 10:24.000]  And now what they do with it means everyone has to go where they go
[10:24.000 --> 10:28.000]  because no one else is behind the wheel.
[10:28.000 --> 10:33.000]  And I'm not trying to be down on the mentally handicapped,
[10:33.000 --> 10:38.000]  the truly properly way to put it, not the politically mentally handicapped,
[10:38.000 --> 10:43.000]  and I'm better than you mentally handicapped, and I'm an elitist and deserve to have the rules work better
[10:43.000 --> 10:48.000]  in my favor than to do yours, mentally handicapped individuals.
[10:48.000 --> 10:55.000]  I mean, there's a complete difference in my mind as to the type of mentality we're talking about here.
[10:55.000 --> 10:58.000]  One's an actual disablement,
[10:58.000 --> 11:05.000]  and the other one is a self-induced disablement, I guess is one way of putting it.
[11:05.000 --> 11:12.000]  They've been spoon-fed the idea of they are better than others their whole lives,
[11:12.000 --> 11:17.000]  and they have had it for so long and to such a degree that they have come to accept it,
[11:17.000 --> 11:21.000]  the fact that they actually possess more of something than someone else does
[11:21.000 --> 11:26.000]  makes them their absolute superior in every way.
[11:26.000 --> 11:33.000]  And you know what, I don't care how much money you got, I don't care.
[11:33.000 --> 11:37.000]  You and I are not equal where it matters.
[11:37.000 --> 11:39.000]  I don't care if you got more money than me.
[11:39.000 --> 11:41.000]  I don't need a ton of money to survive.
[11:41.000 --> 11:42.000]  Would it be nice to have?
[11:42.000 --> 11:43.000]  Absolutely.
[11:43.000 --> 11:46.000]  But do I need it to be happy like you do?
[11:46.000 --> 11:47.000]  I don't.
[11:47.000 --> 11:51.000]  So yeah, there's differences between us, they're just not the ones you think they are.
[11:51.000 --> 12:05.000]  But folks, they see themselves as having better, more powerful, and more rights than you or I do.
[12:05.000 --> 12:14.000]  In fact, they believe that their rights are so much more powerful and numerous than ours
[12:14.000 --> 12:22.000]  that they should be allowed to control the rest of us because of that simple fact alone.
[12:22.000 --> 12:28.000]  And I, for one, ain't playing that game with nobody.
[12:28.000 --> 12:30.000]  You don't own me, you don't control me.
[12:30.000 --> 12:36.000]  I don't need you to tell me how to behave, what to say, what to do, what to think, what to eat,
[12:36.000 --> 12:39.000]  what to wear, where to go, when to go, how to go.
[12:39.000 --> 12:41.000]  I don't need you telling me any of that.
[12:41.000 --> 12:45.000]  I am self-regulating.
[12:45.000 --> 12:51.000]  I may yell in public, I may cry in public, I may actually throw a punch in public
[12:51.000 --> 12:56.000]  if I honestly believe the person getting punched deserves to be punched.
[12:56.000 --> 13:03.000]  But I'm not going to go out of my way to inflict harm on another individual for no reason whatsoever.
[13:03.000 --> 13:07.000]  I will act in defense of myself or others.
[13:07.000 --> 13:15.000]  I will act in a manner meant to put an end to what could become a dangerous
[13:15.000 --> 13:21.000]  and or escalating situation that could become dangerous if that's what's required.
[13:21.000 --> 13:24.000]  That wouldn't make me wrong for doing it.
[13:24.000 --> 13:32.000]  It would simply make me responsible for solving a problem that could have been a lot worse if it allowed to continue.
[13:32.000 --> 13:35.000]  And unfortunately, too many people don't see things that way
[13:35.000 --> 13:39.000]  because now we want to get into the argument of, well, what right did you have to hit him?
[13:39.000 --> 13:44.000]  Well, the fact that he was about to either hit me or to hit someone else
[13:44.000 --> 13:51.000]  that was incapable of defending themselves from that individual is what authorized me to hit them.
[13:51.000 --> 13:53.000]  Okay?
[13:53.000 --> 13:59.000]  Now, if you can't understand the morality of that concept, well, then just stop talking to me.
[13:59.000 --> 14:02.000]  But the fact is, that's why I got hit.
[14:02.000 --> 14:06.000]  But too many people think that they can just do what they want.
[14:06.000 --> 14:08.000]  And that's that.
[14:08.000 --> 14:16.000]  And we need to understand that to exercise our rights, that the people we're dealing with,
[14:16.000 --> 14:21.000]  that's how they see us and that's how they see the rights that belong to us.
[14:21.000 --> 14:23.000]  They don't see us as equal.
[14:23.000 --> 14:31.000]  They see themselves as better, more authorized, more empowered, more lawful,
[14:31.000 --> 14:41.000]  more anything as long as it makes them a notch or two or more above the rest of us.
[14:41.000 --> 14:52.000]  Most people these days, and I would actually bet money on the outcome of an actual valid scientific study,
[14:52.000 --> 15:04.000]  that the reason most people have given up the exercise of their rights is to avoid that public disfavor for that exercise.
[15:04.000 --> 15:19.000]  We've become so socialized that we can no longer act independent of our clique, our social group, however you want to define it.
[15:19.000 --> 15:25.000]  We don't have any real individuals running around anymore.
[15:25.000 --> 15:28.000]  Everybody has to belong to something.
[15:28.000 --> 15:32.000]  If they don't, then they don't know what to do with themselves.
[15:32.000 --> 15:38.000]  They can't think and there's no one to do it for them so they're lost.
[15:38.000 --> 15:45.000]  So folks, if you know someone like that, whose responsibility is it to help wake them up?
[15:45.000 --> 15:51.000]  They can't be able to do it themselves, and in the interest of the type of Christian we're supposed to be,
[15:51.000 --> 15:53.000]  we're supposed to help those in need.
[15:53.000 --> 15:55.000]  We're not supposed to judge them.
[15:55.000 --> 15:57.000]  We're not supposed to ridicule them.
[15:57.000 --> 16:02.000]  We're not supposed to make them feel like they're less than the rest of us.
[16:02.000 --> 16:05.000]  I mean, who did Jesus socialize with?
[16:05.000 --> 16:13.000]  Jesus did not socialize just with his disciples, nor just the members of the synagogues and the churches.
[16:13.000 --> 16:24.000]  He socialized with the most ill-reputed sinners of his day, the tax collectors.
[16:24.000 --> 16:29.000]  That all happened to be Jews collecting taxes from their own people and keeping a cut for themselves.
[16:29.000 --> 16:36.000]  He socialized with harlots, prostitutes, and criminals of all types,
[16:36.000 --> 16:43.000]  and always acted with meekness and humility and forgiveness, not with judgment.
[16:43.000 --> 16:50.000]  We need to learn the difference in what they're painting us as, as Christians, and what we're supposed to actually be.
[16:50.000 --> 16:51.000]  All right, guys, I'll see you there.
[16:51.000 --> 16:53.000]  Andrew, we have somebody else up there.
[16:53.000 --> 16:54.000]  Please call back in.
[16:54.000 --> 16:57.000]  We'll be right back, 512-646-1984.
[16:57.000 --> 17:00.000]  Y'all hang on.
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[17:06.000 --> 17:11.000]  People feed their pets better than they feed themselves, and it's time we changed all that.
[17:11.000 --> 17:17.000]  Our primary defense against aging and disease in this toxic environment is good nutrition.
[17:17.000 --> 17:22.000]  In a world where natural foods have been irradiated, adulterated, and mutilated,
[17:22.000 --> 17:25.000]  young Jevity can provide the nutrients you need.
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[17:31.000 --> 17:36.000]  We have come to trust young Jevity so much, we became a marketing distributor,
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[17:39.000 --> 17:47.000]  When you order from logosradionetwork.com, your health will improve as you help support quality radio.
[17:47.000 --> 17:51.000]  As you realize the benefits of young Jevity, you may want to join us.
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[18:20.000 --> 18:24.000]  What to do when contacted by phones, mail, or court summons.
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[18:41.000 --> 18:49.000]  For more information, please visit ruleoflawradio.com and click on the blue Michael Mears banner, or email michaelmears at yahoo.com.
[18:49.000 --> 19:00.000]  That's ruleoflawradio.com, or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com to learn how to stop debt collectors now.
[19:00.000 --> 19:23.000]  You are listening to the Logos Radio Network, logosradio.com.
[19:23.000 --> 19:36.000]  All right, we are back.
[19:36.000 --> 19:38.000]  This is Rule of Law Radio.
[19:38.000 --> 19:40.000]  Tom, I see you dropped off the board there.
[19:40.000 --> 19:42.000]  Sorry to be so slow getting to you.
[19:42.000 --> 19:46.000]  Please call back in so we can get you back on here and find out what it is you want to talk about.
[19:46.000 --> 19:52.000]  Call in number 512-646-1984.
[19:52.000 --> 19:55.000]  All right, now we're going to take Andrew in Pennsylvania.
[19:55.000 --> 20:05.000]  Andrew, what can we do for you?
[20:05.000 --> 20:06.000]  Hello?
[20:06.000 --> 20:08.000]  Andrew?
[20:08.000 --> 20:10.000]  All right, we are back this year.
[20:10.000 --> 20:14.000]  Okay, well, I guess that's not going to work.
[20:14.000 --> 20:19.000]  All right, we'll give Andrew a minute to recover and see if he's actually paying attention this time.
[20:19.000 --> 20:25.000]  But in the meantime, we need some more callers on the board, so let's get on with that and see who we got and what questions we got.
[20:25.000 --> 20:27.000]  Andrew, are you there?
[20:27.000 --> 20:29.000]  Andrew in Pennsylvania.
[20:29.000 --> 20:31.000]  Andrew, what can we do for you?
[20:31.000 --> 20:32.000]  Penny, can you hear me?
[20:32.000 --> 20:39.000]  I can hear you, but you need to turn down your radio in the background because you're running behind on what we're saying here.
[20:39.000 --> 20:40.000]  Hello?
[20:40.000 --> 20:42.000]  Andrew?
[20:42.000 --> 20:48.000]  Are you there?
[20:48.000 --> 20:51.000]  Oh, this isn't working out like we need it to.
[20:51.000 --> 20:56.000]  All right, I guess we will hear back from Andrew here when he calls back in.
[20:56.000 --> 21:03.000]  Anyway, I was running on very little sleep yesterday during class.
[21:03.000 --> 21:08.000]  I've had four whole hours this entire week with all the stuff that's been going on.
[21:08.000 --> 21:09.000]  Don't feel sorry for me.
[21:09.000 --> 21:11.000]  I'm getting a lot accomplished.
[21:11.000 --> 21:13.000]  I'm just having to do it a lot slower.
[21:13.000 --> 21:17.000]  And if anybody thought they weren't getting the best in class yesterday, I apologize.
[21:17.000 --> 21:22.000]  I didn't want to be on top of things and cover some ground, but we had several new phases in there yesterday,
[21:22.000 --> 21:27.000]  so we needed to do some catch-up and explanation stuff and understanding stuff,
[21:27.000 --> 21:32.000]  which is always the way it is when we have to do the live classes.
[21:32.000 --> 21:38.000]  Hopefully once we get the website up and running, we will start being able to test people on their knowledge
[21:38.000 --> 21:45.000]  and skill level so we can have a class directed specifically at them and know exactly what we need to cover.
[21:45.000 --> 21:49.000]  Right now, I just don't have that capability by doing the live class alone.
[21:49.000 --> 21:55.000]  So that being said, folks, please don't let yesterday affect your coming.
[21:55.000 --> 21:58.000]  We still did pretty good for the most part.
[21:58.000 --> 22:05.000]  We just need to get a little bit better where I'm not having to spend so much time wide awake through the entire week.
[22:05.000 --> 22:07.000]  That way the classes will go along better.
[22:07.000 --> 22:10.000]  Now, the week before, we had a really excellent class.
[22:10.000 --> 22:17.000]  We wade through another mock court presentation and worked it out the way that they're doing things in these courts,
[22:17.000 --> 22:21.000]  whether it's good, bad, or ugly, it's almost always wrong.
[22:21.000 --> 22:28.000]  And so you need to learn where it's wrong, why it's wrong, and what to do about it while you're there.
[22:28.000 --> 22:33.000]  I also managed to get my hands, I discussed here on the show last week,
[22:33.000 --> 22:40.000]  a printed opinion by Judge Phillips at the County Court at Law Number One.
[22:40.000 --> 22:49.000]  And I honestly can't believe a sitting judge would spout off the kind of stuff he did
[22:49.000 --> 22:58.000]  and not even attempt to validate the information he's using by actually comparing it to the statutes on the books.
[22:58.000 --> 23:07.000]  It astounds me how these judges adhere to 40-year-old, 50-year-old, 60-year-old opinion
[23:07.000 --> 23:12.000]  that is no longer in compliance with the statutes as they exist.
[23:12.000 --> 23:14.000]  It just isn't.
[23:14.000 --> 23:21.000]  And yet they will never look at what actually exists beyond that opinion.
[23:21.000 --> 23:24.000]  It is ridiculous.
[23:24.000 --> 23:26.000]  All right, we got some people up on the board now.
[23:26.000 --> 23:28.000]  Robert is here now.
[23:28.000 --> 23:30.000]  So, Robert, what can we do for you?
[23:30.000 --> 23:31.000]  Hey, Eddie.
[23:31.000 --> 23:32.000]  How are you today?
[23:32.000 --> 23:33.000]  I'm good. And you?
[23:33.000 --> 23:35.000]  I'm doing all right.
[23:35.000 --> 23:36.000]  Well, let's see.
[23:36.000 --> 23:38.000]  Where do I begin?
[23:38.000 --> 23:40.000]  I was working on my house.
[23:40.000 --> 23:41.000]  My father passed away.
[23:41.000 --> 23:42.000]  We bought his house.
[23:42.000 --> 23:43.000]  And I was working on it.
[23:43.000 --> 23:48.000]  And I'm looking out the window, and I noticed the chief of police pulled this guy over.
[23:48.000 --> 23:49.000]  I didn't know what he pulled him over for.
[23:49.000 --> 23:52.000]  And then I noticed another police car comes up behind him.
[23:52.000 --> 23:57.000]  And then after a while, I guess they asked for the guy's information.
[23:57.000 --> 23:58.000]  And I'm watching this.
[23:58.000 --> 23:59.000]  I'm watching what they're doing.
[23:59.000 --> 24:02.000]  And I know they don't have the authority to do what they're doing,
[24:02.000 --> 24:03.000]  but they're out there doing it.
[24:03.000 --> 24:05.000]  And I start recording it.
[24:05.000 --> 24:09.000]  And then pretty soon the police chief takes off
[24:09.000 --> 24:14.000]  because this other guy comes in another suburban police vehicle.
[24:14.000 --> 24:18.000]  And he takes over, I guess, the investigation or the traffic citation.
[24:18.000 --> 24:23.000]  Well, it turns out that he was cited for speeding, and they ended up arresting him.
[24:23.000 --> 24:24.000]  Whoa, whoa, whoa.
[24:24.000 --> 24:26.000]  They arrested him for the speeding?
[24:26.000 --> 24:27.000]  For speeding.
[24:27.000 --> 24:31.000]  And then they called the tow truck.
[24:31.000 --> 24:32.000]  And I'm recording all this.
[24:32.000 --> 24:36.000]  And by the time the tow truck gets there, they finally see that I'm recording them.
[24:36.000 --> 24:43.000]  And on the back of my suburban, I'm riding kind of like, I guess, Jesus is riding in the sand.
[24:43.000 --> 24:48.000]  I'm riding on the back of my mud film, back when it was in my suburban,
[24:48.000 --> 24:53.000]  Title 37 of the Administrative Code.
[24:53.000 --> 24:56.000]  And they're looking at me like, what is he doing?
[24:56.000 --> 24:57.000]  And they didn't know what I was riding.
[24:57.000 --> 25:03.000]  But one of the officers I had to run into, we had a run-in a while back,
[25:03.000 --> 25:06.000]  and I told them about the Administrative Code, how he didn't have any authority.
[25:06.000 --> 25:13.000]  And I'm supposed to be filing criminal charges, criminal trespass charges against him,
[25:13.000 --> 25:16.000]  because he tried to tag one of my cars.
[25:16.000 --> 25:19.000]  But anyway, so I'm recording it, and they're fixing it some way.
[25:19.000 --> 25:23.000]  And I told that lady, I said, hey, if you want, you can leave that in front of my house.
[25:23.000 --> 25:24.000]  I don't mind.
[25:24.000 --> 25:26.000]  Or you can pull it up here in my driveway.
[25:26.000 --> 25:29.000]  And they look at me like, darn it, he's going to take our money away.
[25:29.000 --> 25:34.000]  So they pull her off to the side, and they make the lady pay.
[25:34.000 --> 25:41.000]  And the guy's wife pay the tow truck guy to leave her car there so she can drive it off.
[25:41.000 --> 25:44.000]  Oh, whoa, whoa, whoa, wait a minute, wait a minute.
[25:44.000 --> 25:47.000]  They forced her to pay the tow truck driver.
[25:47.000 --> 25:49.000]  Even though he didn't tow it away, exactly.
[25:49.000 --> 25:50.000]  Whoa, whoa, whoa, wait, wait, wait, wait.
[25:50.000 --> 25:51.000]  Let's not get ahead of here.
[25:51.000 --> 25:52.000]  Mm-hmm.
[25:52.000 --> 25:59.000]  Did he ever get out and hook the car up, place the emergency tow lights on that car,
[25:59.000 --> 26:03.000]  and raise it off the ground in order to begin the trip?
[26:03.000 --> 26:04.000]  No, he didn't.
[26:04.000 --> 26:06.000]  Then that was illegal.
[26:06.000 --> 26:07.000]  Yeah.
[26:07.000 --> 26:13.000]  Because up until that happens under the Texas statutes, you can make them drop it and not
[26:13.000 --> 26:14.000]  charge you a dime.
[26:14.000 --> 26:15.000]  Exactly.
[26:15.000 --> 26:20.000]  And, you know, I informed them, and I asked them, I said, what happened to the fellow?
[26:20.000 --> 26:21.000]  Oh, they arrested him.
[26:21.000 --> 26:23.000]  I said, well, what did they arrest him for?
[26:23.000 --> 26:25.000]  Because he was speeding.
[26:25.000 --> 26:31.000]  And I said, well, I said, they're not, you know, I gave them a quick kind of fill-in
[26:31.000 --> 26:35.000]  on the administrative code, how they weren't authorized to do that.
[26:35.000 --> 26:36.000]  And I told them that...
[26:36.000 --> 26:39.000]  Well, there's another aspect of that in relation to speeding.
[26:39.000 --> 26:45.000]  The Texas statute specifically forbids police to arrest, or in other words, to take you
[26:45.000 --> 26:50.000]  to jail for speeding an open container right there in Chapter 543.
[26:50.000 --> 26:56.000]  It specifically states, for those two offenses, they must issue a citation.
[26:56.000 --> 27:00.000]  So they had to have tried to arrest him on something else, an outstanding warrant or
[27:00.000 --> 27:01.000]  some other offense.
[27:01.000 --> 27:05.000]  But if they took him to jail for speeding, oh, that's a lawsuit waiting to happen right
[27:05.000 --> 27:06.000]  there.
[27:06.000 --> 27:07.000]  Yeah, that's what I told them.
[27:07.000 --> 27:08.000]  I informed them.
[27:08.000 --> 27:09.000]  I said...
[27:09.000 --> 27:12.000]  He said, well, the police said we can only get him out if we pay bond.
[27:12.000 --> 27:13.000]  I said, no, you don't.
[27:13.000 --> 27:17.000]  Go down there and, you know, fill them in how to do a surety bond.
[27:17.000 --> 27:18.000]  And I said, surety bond.
[27:18.000 --> 27:22.000]  And I said, go down there and do a surety bond, and that way they won't take your money
[27:22.000 --> 27:24.000]  and get that guy out of jail.
[27:24.000 --> 27:26.000]  And then I said, you need to take these guys...
[27:26.000 --> 27:28.000]  I said, you need to take them to court.
[27:28.000 --> 27:30.000]  I said, because they have no authority to do what they did.
[27:30.000 --> 27:35.000]  I said, if a gang stopped him and did what they did, I said, you know, that would be
[27:35.000 --> 27:38.000]  criminal activity, and these guys, what they did is no different.
[27:38.000 --> 27:43.000]  Just because they got a uniform on, that's basically gang activity there anyway, because
[27:43.000 --> 27:45.000]  they're all dressed to like breaking the law.
[27:45.000 --> 27:53.000]  And so, you know, I'm watching this, but it's just amazing how, you know, I was just standing
[27:53.000 --> 27:56.000]  there with my camera, and they're noticing me recording them.
[27:56.000 --> 28:00.000]  And that's like, oh, boy, when they saw that camera, boy, it was like, oh, well, we can
[28:00.000 --> 28:03.000]  leave it here, but come over here and let me talk to you.
[28:03.000 --> 28:05.000]  You know, they wanted to get away from that camera.
[28:05.000 --> 28:10.000]  And they still got money out of her, even though he didn't like actually hook up the,
[28:10.000 --> 28:12.000]  you know, that thing they put under the...
[28:12.000 --> 28:13.000]  Yep.
[28:13.000 --> 28:16.000]  That right there was armed extortion, highway robbery.
[28:16.000 --> 28:17.000]  Yeah.
[28:17.000 --> 28:20.000]  And, you know, I told them, and they looked at me like, what?
[28:20.000 --> 28:21.000]  I said, yeah.
[28:21.000 --> 28:25.000]  I said, look, I said, if I came up to you and I didn't have the authority to do everything
[28:25.000 --> 28:30.000]  they did, I said, you know, that you would, I mean, you would go crazy.
[28:30.000 --> 28:32.000]  You're thinking, well, who's this guy to do what he does?
[28:32.000 --> 28:33.000]  He doesn't have any authority.
[28:33.000 --> 28:35.000]  I said, same thing with them policemen.
[28:35.000 --> 28:39.000]  They don't have any authority to be extorting money out of you or kidnapping anybody and
[28:39.000 --> 28:41.000]  holding them for ransom in us.
[28:41.000 --> 28:43.000]  And that's basically what they did here.
[28:43.000 --> 28:47.000]  But, you know, you know, I felt bad because they did take the guy to jail, and I explained
[28:47.000 --> 28:50.000]  to them, you know, that they weren't supposed to do that.
[28:50.000 --> 28:54.000]  They were supposed to give him a citation, either promise to appear or take him immediately
[28:54.000 --> 28:55.000]  for the magistrate.
[28:55.000 --> 28:57.000]  I explained that to them.
[28:57.000 --> 29:02.000]  And, you know, they were looking at me like, wow, I didn't know all this.
[29:02.000 --> 29:03.000]  You know, most people don't.
[29:03.000 --> 29:06.000]  You know, Eddie, it's like you say, when you tell people this, they're like, they get this
[29:06.000 --> 29:08.000]  information and they don't know how to react.
[29:08.000 --> 29:13.000]  But, you know, aside from him being taken to jail, I didn't feel good about that.
[29:13.000 --> 29:17.000]  But I felt good about it, the fact that, you know, my little old camera made a little bit
[29:17.000 --> 29:18.000]  of difference.
[29:18.000 --> 29:19.000]  Yeah.
[29:19.000 --> 29:21.000]  And that's what we're looking for is to make that a bit of difference.
[29:21.000 --> 29:25.000]  Yeah, we all got to get out there and just get out through the camera.
[29:25.000 --> 29:27.000]  Don't provoke anybody.
[29:27.000 --> 29:29.000]  You know, don't cause any trouble.
[29:29.000 --> 29:33.000]  Like, you know, don't provoke them because that's all they're looking for is a reason to get
[29:33.000 --> 29:34.000]  provoked.
[29:34.000 --> 29:37.000]  But, you know, try to do something to change things.
[29:37.000 --> 29:40.000]  You know, even if it's just a little camera, it changes a lot.
[29:40.000 --> 29:41.000]  You are correct.
[29:41.000 --> 29:43.000]  And I appreciate you doing that, and I'm sure they do, too.
[29:43.000 --> 29:44.000]  Yeah.
[29:44.000 --> 29:46.000]  All right, Eddie, that's all I had to give you.
[29:46.000 --> 29:47.000]  All right, Robert.
[29:47.000 --> 29:48.000]  Thanks for calling in, man.
[29:48.000 --> 29:49.000]  All right.
[29:49.000 --> 29:51.000]  Andrew, Wendy, Larry, Joe, y'all hang on.
[29:51.000 --> 29:52.000]  We will be right back.
[29:52.000 --> 29:57.000]  So this is Rule of Law Radio 512-646-1984.
[29:57.000 --> 30:04.000]  Give us a call.
[30:04.000 --> 30:09.000]  In China, a toddler crawled out of a high-rise apartment window and was plunging to her death
[30:09.000 --> 30:11.000]  when a miracle happened.
[30:11.000 --> 30:12.000]  I'm Dr. Catherine Albrecht.
[30:12.000 --> 30:17.000]  In a moment, I'll be back to tell you how a quick-thinking stranger saved her life.
[30:17.000 --> 30:19.000]  Privacy is under attack.
[30:19.000 --> 30:23.000]  When you give up data about yourself, you'll never get it back again.
[30:23.000 --> 30:28.000]  And once your privacy is gone, you'll find your freedoms will start to vanish, too.
[30:28.000 --> 30:33.000]  So protect your rights, say no to surveillance, and keep your information to yourself.
[30:33.000 --> 30:36.000]  Privacy, it's worth hanging on to.
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[30:46.000 --> 30:48.000]  It's every parent's nightmare.
[30:48.000 --> 30:52.000]  A two-year-old girl climbed out the window of her 10-story apartment in Hangzhou, China,
[30:52.000 --> 30:56.000]  and teetered on the ledge for several moments before her parents noticed.
[30:56.000 --> 31:02.000]  Their frantic screams alerted a passerby, 31-year-old Wu Juping, who looked up at the scene.
[31:02.000 --> 31:08.000]  She kicked off her heels and ran to the building just moments before the little girl lost her balance and fell.
[31:08.000 --> 31:12.000]  Juping stretched out her arms, felt a sharp pain, and passed out.
[31:12.000 --> 31:16.000]  When she awoke, she discovered she'd broken her left arm and saved a life.
[31:16.000 --> 31:21.000]  She'd caught the baby, who had nothing but a few bruises to show for her adventure.
[31:21.000 --> 31:30.000]  Find Dr. Catherine Albrecht for StartPage.com, the world's most private search engine.
[31:30.000 --> 31:36.000]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[31:36.000 --> 31:38.000]  The government says that fire brought it down.
[31:38.000 --> 31:43.000]  However, 1,500 architects and engineers have concluded it was a controlled demolition.
[31:43.000 --> 31:46.000]  Over 6,000 of my fellow service members have given their lives.
[31:46.000 --> 31:49.000]  Thousands of my fellow first responders are dying.
[31:49.000 --> 31:50.000]  I'm not a conspiracy theorist.
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[31:55.000 --> 31:58.000]  We're Americans, and we deserve the truth.
[31:58.000 --> 32:01.000]  Go to RememberBuilding7.org today.
[32:01.000 --> 32:05.000]  Rule of Law Radio is proud to offer the Rule of Law traffic seminar.
[32:05.000 --> 32:09.000]  In today's America, we live in an us-against-them society, and if we the people are ever going
[32:09.000 --> 32:13.000]  to have a free society, then we're going to have to stand and defend our own rights.
[32:13.000 --> 32:16.000]  Among those rights are the right to travel freely from place to place, the right to act
[32:16.000 --> 32:20.000]  in our own private capacity, and most importantly, the right to due process of law.
[32:20.000 --> 32:24.000]  Traffic courts afford us the least expensive opportunity to learn how to enforce and preserve
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[32:29.000 --> 32:33.000]  most comprehensive teaching tool available that will help you understand what due process
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[33:12.000 --> 33:32.000]  All right, folks.
[33:32.000 --> 33:33.000]  We are back.
[33:33.000 --> 33:37.000]  This is Rule of Law Radio, and now we are going to go back to our callers, and we're
[33:37.000 --> 33:40.000]  going to start with Andrew in Pennsylvania.
[33:40.000 --> 33:42.000]  He's there this time.
[33:42.000 --> 33:44.000]  Are you, Andrew?
[33:44.000 --> 33:46.000]  Yeah, I could not hear you the first time.
[33:46.000 --> 33:48.000]  That much I gathered.
[33:48.000 --> 33:51.000]  Yeah, okay, but I hear now.
[33:51.000 --> 33:55.000]  So I'm calling because I'd like to settle a legal issue once and for all of sorts.
[33:55.000 --> 34:01.000]  The issue of when is it okay to conduct a warrantless search on the grounds that someone
[34:01.000 --> 34:02.000]  might be hiding something.
[34:02.000 --> 34:04.000]  There's a lot of hypotheticals here.
[34:04.000 --> 34:06.000]  That is not grounds.
[34:06.000 --> 34:09.000]  You're citing grounds while you're asking the question.
[34:09.000 --> 34:11.000]  Try to do it without that.
[34:11.000 --> 34:15.000]  Well, that's the problem, because that's why I'd like to give two hypothetical examples here.
[34:15.000 --> 34:18.000]  The first is the old-fashioned strip search.
[34:18.000 --> 34:22.000]  Let's say they do actually take you to a magistrate instead of jail like they supposed to, and
[34:22.000 --> 34:25.000]  they strip search you, and they take you to the magistrate.
[34:25.000 --> 34:29.000]  The other example has to do with your personal habit where you get out of the car and then
[34:29.000 --> 34:30.000]  lock your keys in the car.
[34:30.000 --> 34:34.000]  You don't recommend that, but you say that there is a purpose behind that, and it's because
[34:34.000 --> 34:38.000]  the courts have ruled that the cop may conduct a warrantless search on the grounds that someone
[34:38.000 --> 34:40.000]  might have something in the car.
[34:40.000 --> 34:44.000]  Now, I'm assuming that strip searches are illegal, and so is that court ruling that said the
[34:44.000 --> 34:46.000]  cops can search your car.
[34:46.000 --> 34:50.000]  So am I right in saying that those were actually illegal rulings?
[34:50.000 --> 34:57.000]  No, because one, I'm not sure I exactly understand the question you're trying to make out of
[34:57.000 --> 35:02.000]  this, but let me see if I can put it in terms that makes sense to the rest of us.
[35:02.000 --> 35:06.000]  The first one is strip search you when they take you to jail before you're delivered to
[35:06.000 --> 35:08.000]  the magistrate.
[35:08.000 --> 35:10.000]  Is that correct?
[35:10.000 --> 35:14.000]  Yeah, but I'm saying let's say they take you to the magistrate and still strip search you.
[35:14.000 --> 35:15.000]  Wait, wait, wait, wait, wait.
[35:15.000 --> 35:19.000]  You are talking about two separate events.
[35:19.000 --> 35:25.000]  They cannot strip search you for the purpose of taking you before a magistrate.
[35:25.000 --> 35:27.000]  Can't do it.
[35:27.000 --> 35:33.000]  Putting you in jail, however, strip searching you since they're going to make you change
[35:33.000 --> 35:37.000]  clothes and go into their jail garb if they're expecting you to be there for any amount of
[35:37.000 --> 35:42.000]  time, that's going to occur in that instance anyway.
[35:42.000 --> 35:45.000]  Are they allowed to do a cavity search at the same time?
[35:45.000 --> 35:52.000]  No, not unless they have probable cause to believe that you came in as a mule carrying
[35:52.000 --> 35:57.000]  drugs in places they normally wouldn't be found.
[35:57.000 --> 36:02.000]  But for just a traffic stop or anything of that nature where no drugs or other contraband
[36:02.000 --> 36:08.000]  of that type is easily secreted upon or in your person, no, they wouldn't have authority
[36:08.000 --> 36:14.000]  nor would they have any probable cause for which to request a warrant to do so.
[36:14.000 --> 36:22.000]  Going back to your other supposition there about searching the car during a stop.
[36:22.000 --> 36:29.000]  They cannot search the car during a stop unless one of two things has occurred.
[36:29.000 --> 36:35.000]  One, something that gives them probable cause to believe a bigger crime is in progress or
[36:35.000 --> 36:44.000]  is being committed because of the plain view doctrine or you give them consent.
[36:44.000 --> 36:52.000]  Otherwise, unless they actually place you under arrest, in which case they can then
[36:52.000 --> 36:57.000]  do what's known as an inventory of the car.
[36:57.000 --> 37:03.000]  And the courts have also declared a post arrest search is valid.
[37:03.000 --> 37:09.000]  So don't even get me started on how stupid that is because there they're arguing that
[37:09.000 --> 37:15.000]  even if you prove later that the arrest itself was invalid, you still got to deal with what
[37:15.000 --> 37:20.000]  they did on the search because they're treating them as if they're separate.
[37:20.000 --> 37:22.000]  Do I agree with that?
[37:22.000 --> 37:25.000]  Absolutely not.
[37:25.000 --> 37:34.000]  But until we actually get somebody with brains that knows lawyers should never be judges,
[37:34.000 --> 37:40.000]  we probably ain't going to change any of that real soon without hanging a few first.
[37:40.000 --> 37:45.000]  Now, does that cover your two scenarios and questions?
[37:45.000 --> 37:47.000]  I think so.
[37:47.000 --> 37:51.000]  But in regards to the one about the personal habits thing where you get out of the car
[37:51.000 --> 37:56.000]  and lock your keys in the car, in your script you said doing that removes the ability,
[37:56.000 --> 38:02.000]  the legal ability or excuse for the cop to conduct a warrantless search on your car.
[38:02.000 --> 38:04.000]  Now, what does that have to do with you saying that?
[38:04.000 --> 38:05.000]  That's correct.
[38:05.000 --> 38:06.000]  Correct.
[38:06.000 --> 38:08.000]  Because it's just like the trunk of the car.
[38:08.000 --> 38:13.000]  Without a warrant, they can't go into the trunk because it's locked.
[38:13.000 --> 38:18.000]  And you don't have access to tamper with anything that's in the trunk or to use
[38:18.000 --> 38:21.000]  whatever's in the trunk to present a danger to the officers.
[38:21.000 --> 38:26.000]  So without a warrant, they can't open and touch anything in the trunk.
[38:26.000 --> 38:30.000]  Well, the same thing would apply to the car.
[38:30.000 --> 38:37.000]  If there's nothing in plain view that would give them probable cause to enter the car for that purpose,
[38:37.000 --> 38:44.000]  and you actually get out and lock the car, then you have removed any ability whatsoever
[38:44.000 --> 38:50.000]  for you to access anything within it that could harm the officer or otherwise be tampered with
[38:50.000 --> 38:53.000]  that might constitute evidence against you.
[38:53.000 --> 39:00.000]  So again, once the door is closed and locked, without a warrant, they can't go in.
[39:00.000 --> 39:02.000]  You follow?
[39:02.000 --> 39:03.000]  Yes.
[39:03.000 --> 39:06.000]  And that was directly correlated with the plain view.
[39:06.000 --> 39:09.000]  The plain view issue is the issue at hand here.
[39:09.000 --> 39:17.000]  Unless you actually leave the car unlocked where they can get in it, yes.
[39:17.000 --> 39:18.000]  Okay, okay.
[39:18.000 --> 39:19.000]  And one more thing.
[39:19.000 --> 39:25.000]  In that radio interview you did on Cancel the Cabal, you said there was one guy who got arrested because he got out of the car.
[39:25.000 --> 39:28.000]  I did an interview on something called Cancel the Cabal?
[39:28.000 --> 39:30.000]  That radio show, I think it was called Cancel the Cabal.
[39:30.000 --> 39:31.000]  You can find it on YouTube.
[39:31.000 --> 39:37.000]  And in that video you said that one person said he tried your script, but he got arrested anyway because he got out of the car.
[39:37.000 --> 39:39.000]  Was he trying to do your personal habit?
[39:39.000 --> 39:40.000]  Is that why he?
[39:40.000 --> 39:44.000]  I have no idea what his reasoning for getting out of the car was.
[39:44.000 --> 39:51.000]  This is exactly the reason why I didn't discuss my personal habit to the point of saying, yeah, do what I do.
[39:51.000 --> 39:54.000]  I said I'd do it for a particular reason.
[39:54.000 --> 39:56.000]  I'm not expecting anyone else to do that.
[39:56.000 --> 40:01.000]  In fact, the script specifically tells you not to do that.
[40:01.000 --> 40:05.000]  So what he was trying to do, I do not know.
[40:05.000 --> 40:13.000]  It can only go so far in providing information and suggestions on how you should act, behave, speak, and do at these encounters.
[40:13.000 --> 40:19.000]  What you ignore, you ignore at your own peril.
[40:19.000 --> 40:20.000]  Right.
[40:20.000 --> 40:30.000]  It's kind of like when you come to my house and start playing with a loaded gun and I say try not to stick that in your mouth and pull the trigger and you do it anyway.
[40:30.000 --> 40:31.000]  Yeah, that's right.
[40:31.000 --> 40:33.000]  Well, that answers my question, Eddie.
[40:33.000 --> 40:35.000]  Okay. Thanks for calling in, Andrew.
[40:35.000 --> 40:36.000]  You're welcome. Bye.
[40:36.000 --> 40:37.000]  Bye-bye.
[40:37.000 --> 40:38.000]  All right.
[40:38.000 --> 40:40.000]  Now we're going to go to Wendy in Tennessee.
[40:40.000 --> 40:43.000]  Wendy in Tennessee, what can we do for you?
[40:43.000 --> 40:45.000]  Hey, Eddie, how are you doing tonight?
[40:45.000 --> 40:46.000]  I'm doing great.
[40:46.000 --> 40:47.000]  How about you?
[40:47.000 --> 40:48.000]  I'm doing pretty good.
[40:48.000 --> 40:49.000]  All right.
[40:49.000 --> 40:54.000]  I just have a few questions for you since you used to be a police officer.
[40:54.000 --> 40:57.000]  No, no, no, no.
[40:57.000 --> 41:01.000]  Sheriff's deputy, not a police officer.
[41:01.000 --> 41:04.000]  Okay.
[41:04.000 --> 41:05.000]  Okay.
[41:05.000 --> 41:07.000]  I got a question for you then, okay?
[41:07.000 --> 41:08.000]  Okay.
[41:08.000 --> 41:11.000]  I have a young couple I'm helping.
[41:11.000 --> 41:22.000]  They've been living below me for a year and a half, and their landlord promised them that he would make the repairs to the house when he moved in.
[41:22.000 --> 41:29.000]  He has never redone one repair on the house, so they kept the rent from him for a month now.
[41:29.000 --> 41:36.000]  And so yesterday, they've never gotten a notice of eviction.
[41:36.000 --> 41:47.000]  Yesterday, on Sunday, a sheriff came up, knocked on the door, no one came, so he taped a summons to the door.
[41:47.000 --> 41:53.000]  There was no complaint accompanying that summons, okay?
[41:53.000 --> 41:56.000]  And they supposedly have three days to answer.
[41:56.000 --> 42:00.000]  They go to court on the 6th, okay?
[42:00.000 --> 42:03.000]  This is for an unlawful detainer, okay?
[42:03.000 --> 42:04.000]  Right.
[42:04.000 --> 42:09.000]  And it was not signed by an officer who brought it to the house.
[42:09.000 --> 42:11.000]  It wasn't signed by a judge.
[42:11.000 --> 42:15.000]  It wasn't signed by anybody.
[42:15.000 --> 42:27.000]  So if you were, would you file a motion to dismiss? I've already prepared an answer and a counterclaim.
[42:27.000 --> 42:30.000]  Would you prepare a motion to dismiss?
[42:30.000 --> 42:31.000]  Okay.
[42:31.000 --> 42:32.000]  Let me ask a question.
[42:32.000 --> 42:33.000]  Okay.
[42:32.000 --> 42:35.000]  First off, what is the grounds of your counterclaim?
[42:35.000 --> 42:41.000]  A ground and a counterclaim is a breach of contract because they have a...
[42:41.000 --> 42:42.000]  Okay.
[42:42.000 --> 42:43.000]  Wait, wait, wait, wait, wait.
[42:43.000 --> 42:46.000]  Tennessee has tenant laws, does it not?
[42:46.000 --> 42:47.000]  Yes, it does.
[42:47.000 --> 42:48.000]  Okay.
[42:48.000 --> 42:58.000]  In the law, what does it say about the withholding of rent for the purpose of facilitating necessary repairs for habitability?
[42:58.000 --> 42:59.000]  Okay.
[42:59.000 --> 43:04.000]  They have noticed in Rotten to the landlord, okay, official notice, okay?
[43:04.000 --> 43:05.000]  Yes.
[43:05.000 --> 43:08.000]  They went back and forth, and that wasn't getting anywhere.
[43:08.000 --> 43:10.000]  And I said, well, you have to notice him.
[43:10.000 --> 43:13.000]  He did notice, and we sent it by search by mail.
[43:13.000 --> 43:14.000]  He's gotten it.
[43:14.000 --> 43:21.000]  And then he says that in noncompliance, they can withhold the rent.
[43:21.000 --> 43:33.000]  And even the courts can make the landlord pay for substitute housing and pay for their expenses without charging for the rent for the house that they need to be repaired.
[43:33.000 --> 43:34.000]  Okay.
[43:34.000 --> 43:35.000]  Well, hang on a second, Wendy.
[43:35.000 --> 43:37.000]  We're going to take a break, and then we'll cover that on the other side.
[43:37.000 --> 43:40.000]  But it looks like you've done the reading you need to do, and that's good.
[43:40.000 --> 43:43.000]  So hold that thought, and we'll get on to it when we get back, okay?
[43:43.000 --> 43:44.000]  Okay.
[43:44.000 --> 43:48.000]  All right, folks, this is Rule of Law Radio, the Monday night show with your host, Eddie Craig.
[43:48.000 --> 43:52.000]  Call in number 512-646-1984.
[43:52.000 --> 43:55.000]  We've got a little over an hour, so give us a call.
[43:55.000 --> 44:00.000]  We will be right back.
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[46:17.000 --> 46:24.000]  Hi folks, we are back. This is Rule of Law Radio, and we are currently talking to Wendy in Tennessee.
[46:24.000 --> 46:25.000]  Wendy?
[46:25.000 --> 46:26.000]  Hey.
[46:26.000 --> 46:29.000]  All right. Continue on, please.
[46:29.000 --> 46:37.000]  Yes. So, in Tennessee code, okay, for them to serve on Sunday is prohibited.
[46:37.000 --> 46:45.000]  The only exceptions are if the plaintiff thought the defendants were going to move or leave.
[46:45.000 --> 46:50.000]  Whether it's an unlawful detainer, that's kind of stupid to serve them on Sunday.
[46:50.000 --> 46:51.000]  Yeah.
[46:51.000 --> 46:52.000]  You're trying to make them leave.
[46:52.000 --> 47:02.000]  Okay. Here's one of the things you want to make very sure of, that a subpoena to appear as a witness is issued to whoever delivered that notice
[47:02.000 --> 47:16.000]  and put it on the door, to the actual landlord, and to whoever allegedly provided that notice to the person who actually delivered that notice.
[47:16.000 --> 47:19.000]  And since it wasn't signed, we don't know who that is.
[47:19.000 --> 47:21.000]  Exactly. We don't know who it is.
[47:21.000 --> 47:32.000]  So, we want the court to also issue an order to the constable or sheriff's deputy or whoever it was to divulge the source of that notice.
[47:32.000 --> 47:33.000]  Okay.
[47:33.000 --> 47:36.000]  So that they may also be subpoenaed.
[47:36.000 --> 47:43.000]  Now, here's what this is going to potentially create when it comes to light that there was no such source.
[47:43.000 --> 47:55.000]  The constable is now guilty of impersonating a judicial officer by attempting to serve a summons he himself initiated,
[47:55.000 --> 48:03.000]  which I'm pretty sure, if you check around, is going to be an authority granted only to a magistrate.
[48:03.000 --> 48:06.000]  You are correct on that one.
[48:06.000 --> 48:17.000]  Therefore, the officer has committed a crime all on his own, if that's how it turns out to be, that it came into his hands.
[48:17.000 --> 48:25.000]  Yes. And I sent them to the Justice Center today to get the copy of the complaint, right, from the clerk?
[48:25.000 --> 48:26.000]  Yes.
[48:26.000 --> 48:33.000]  Well, she was rude, and they didn't have a copy of the complaint. I actually didn't have a copy of the summons.
[48:33.000 --> 48:38.000]  Which doesn't surprise me, considering that if he served it on a Sunday, he probably hasn't returned it yet.
[48:38.000 --> 48:43.000]  Though, according to the statute, what is the period of return?
[48:43.000 --> 48:49.000]  How long does the person that serves such a thing have to get it returned to the court?
[48:49.000 --> 48:52.000]  About a year. I will check on that.
[48:52.000 --> 49:02.000]  Okay. Because if it does not appear in court within the set amount of time, then it's almost a guarantee the constable issued it illegally himself.
[49:02.000 --> 49:05.000]  Okay. That would make sense.
[49:05.000 --> 49:11.000]  Well, whoever did this summons, they put attorney's name down, okay?
[49:11.000 --> 49:14.000]  They said the plaintiff had an attorney.
[49:14.000 --> 49:18.000]  Oh, oh, oh, oh. Then make darn sure the attorney gets a summons, too.
[49:18.000 --> 49:31.000]  Okay. Sure will. But in the meanwhile, now, since the attorney didn't put an address or his bar number or anything else, somebody just put his name down, I believe.
[49:31.000 --> 49:36.000]  Okay. Well, then here's the thing. You're saying you're raising the issue of lack of notice, correct?
[49:36.000 --> 49:37.000]  Yes.
[49:37.000 --> 49:51.000]  Okay. You also want to go ahead and file a charge of malicious prosecution, perpetration of fraud upon the court, and misconduct on the part of the attorney.
[49:51.000 --> 49:54.000]  Therefore, you wish to move for sanctions against that attorney.
[49:54.000 --> 50:00.000]  Okay. Well, I've already sent out the board responsibility complaint against him.
[50:00.000 --> 50:04.000]  That's okay. You still want the court to sanction him.
[50:04.000 --> 50:06.000]  Okay. Got you.
[50:06.000 --> 50:15.000]  The judge can do that. The judge can levy fines directly against them for doing what he did if the attorney is the one responsible for this.
[50:15.000 --> 50:22.000]  Okay. I don't suspect he is involved in it either. I don't think he knows anything about it.
[50:22.000 --> 50:26.000]  Well, then guess how that's going to work when he turns on his own client to save his butt.
[50:26.000 --> 50:34.000]  Well, let me tell you about this lady who appeared, okay? This lady out of nowhere appeared.
[50:34.000 --> 50:36.000]  Appeared where?
[50:36.000 --> 50:42.000]  Appeared down to her house, around the neighborhood. She actually didn't know what house she was going to.
[50:42.000 --> 50:50.000]  But she was telling everybody that this person here owes her $1,500 to one of us, $1,800 to me, she said.
[50:50.000 --> 51:00.000]  And she said she noticed him, but she didn't. And she said that she is a property manager of the landlord.
[51:00.000 --> 51:04.000]  Never had one for a year and a half. All of a sudden this lady says she's a property manager.
[51:04.000 --> 51:08.000]  Okay. Well, if you've got her name, make sure she's subpoenaed too.
[51:08.000 --> 51:14.000]  Get everybody that's done anything in relation to what we're discussing here.
[51:14.000 --> 51:22.000]  Get them all in there. Get them all on the stand and make them all regret the day that they put on long pants.
[51:22.000 --> 51:30.000]  Okay. It's going to be fun. Anyway, I guess that's all I need to say for right now.
[51:30.000 --> 51:35.000]  All right. Well, good luck and stay on your toes because it sounds like you're going in the right direction.
[51:35.000 --> 51:36.000]  Oh, good. Thanks.
[51:36.000 --> 51:46.000]  You're welcome. All right. That's exciting news. Wendy's got them by the short one, so to speak. Go, swing, kick, whatever.
[51:46.000 --> 51:51.000]  All right. Now we're going to go to Larry in Arizona. Larry, what can we do for you?
[51:51.000 --> 51:53.000]  Good evening.
[51:53.000 --> 51:54.000]  Good evening.
[51:54.000 --> 52:04.000]  I was just curious. If you're arrested in a traffic stop and they haul you into jail, what's the legality or the rule on being fingerprinted?
[52:04.000 --> 52:09.000]  You are not required to give up your fingerprints according to the Supreme Court case.
[52:09.000 --> 52:15.000]  I forget what the case is, but your fingerprints are considered your private property and for them to take it, they've got to have a warrant.
[52:15.000 --> 52:24.000]  You can give it to them voluntarily, but they cannot force you to take it. If they do, you can sue them in federal court and obviously you can win.
[52:24.000 --> 52:31.000]  Okay. And during a stop like that, at what point can they take away your personal recording equipment?
[52:31.000 --> 52:40.000]  They can't. That's illegal because the Supreme Court has already said a public servant can be recorded in public.
[52:40.000 --> 52:46.000]  Everyone has the right to do that and there's nothing they can do about it. No state law can call it a wiretap or anything else.
[52:46.000 --> 52:54.000]  Everybody has the right to record a public servant in public and or in the performance of their duties.
[52:54.000 --> 52:57.000]  Okay. So if they take you to jail, you get to keep your recorder.
[52:57.000 --> 53:03.000]  No, no, no, no. They're not going to allow you to take that equipment into a jail cell, of course.
[53:03.000 --> 53:16.000]  Okay. But the only thing they can do is without doing anything to it is to collect it from you and wrap it up and seal it in a bag with your other personal effects.
[53:16.000 --> 53:25.000]  Okay. But they're not allowed to do anything beyond that with it. If they tamper with the device, they're attempting to destroy evidence.
[53:25.000 --> 53:32.000]  Okay. I thought you meant can they just walk up on the street, take it away from you and say you can't do that?
[53:32.000 --> 53:38.000]  No, no. If they arrest you, at what point will they take away your personal equipment?
[53:38.000 --> 53:42.000]  If they actually take you to jail, it will be when they're doing the booking process.
[53:42.000 --> 53:50.000]  They will take all personal effects off of you that could be used in a detrimental fashion or be taken from you by other people incarcerated.
[53:50.000 --> 53:55.000]  So they remove anything of that type and wrap it up in your personal effects.
[53:55.000 --> 54:03.000]  And normally they'll seal it in some way, whether it be, you know, hot sealed, stapled bag, locked bag, whatever.
[54:03.000 --> 54:10.000]  Okay. And then at our local courthouse, I mean, everybody has to walk through a scanner these days.
[54:10.000 --> 54:21.000]  But even before you go into the scanner, they require you remove at least your belt, your boots and sometimes a coat. Is that legal?
[54:21.000 --> 54:31.000]  Technically, no, because there is no law in Texas anyway that requires you to go through such devices. None.
[54:31.000 --> 54:37.000]  Plus, we're talking about a public building, which they have no authority to prevent the public from entering.
[54:37.000 --> 54:41.000]  It's our building.
[54:41.000 --> 54:51.000]  So when they try to deny the public access to a building they have every right to be in, that's a problem.
[54:51.000 --> 55:03.000]  And there are no Constitution-free zones like they want you to believe there are unless you acquiesce and let them get away with saying there are.
[55:03.000 --> 55:08.000]  Okay. So what's the proper argument when they try to pull this on you?
[55:08.000 --> 55:18.000]  Do you have a warrant? And if you do not have a warrant, please speak into the microphone clearly your name, badge number and agency,
[55:18.000 --> 55:30.000]  and your legal authority for preventing me from entering a public building for the purpose of intending a public activity.
[55:30.000 --> 55:33.000]  Okay. That's all I need to know.
[55:33.000 --> 55:34.000]  Okay.
[55:34.000 --> 55:36.000]  Okay. Well, thank you very much.
[55:36.000 --> 55:37.000]  You're very welcome. Go get them.
[55:37.000 --> 55:39.000]  Okay. Bye.
[55:39.000 --> 55:45.000]  Bye-bye. All right. Now we're going to go to Johnny in Texas. Mr. Johnny?
[55:45.000 --> 55:46.000]  Hey, Eddie.
[55:46.000 --> 55:47.000]  Hey.
[55:47.000 --> 55:55.000]  I just wanted to comment on a caller that you had a couple of calls back that was talking about the searches of cars.
[55:55.000 --> 55:56.000]  Yes.
[55:56.000 --> 56:05.000]  And I just want to kind of talk a little bit about how I deal with it that usually will make them back off almost – well, pretty much every time.
[56:05.000 --> 56:11.000]  And you know, whenever I get pulled over, the first thing I want to establish is are we on the record?
[56:11.000 --> 56:12.000]  Yes.
[56:12.000 --> 56:17.000]  And, you know, usually when I'll ask that, they'll get kind of cocky and say, yeah, we are, both audio and video.
[56:17.000 --> 56:21.000]  You know, so it's – they're kind of implying, you know, so don't try anything.
[56:21.000 --> 56:25.000]  And I'll say, good, I don't consent to have any conversation with you. It's not on the record.
[56:25.000 --> 56:30.000]  And then they, you know, it kind of serves as a little reminder that, you know, you're on this record too.
[56:30.000 --> 56:40.000]  And it does tend to calm down a little bit. And when they start going towards searching the car, at least in this nick of the woods, they'll try to be cute about it.
[56:40.000 --> 56:48.000]  They'll try to, you know, say things that are kind of exaggerated a little bit, just kind of in a joking manner to make it easier for you to say, yeah, you can search.
[56:48.000 --> 56:57.000]  You know, they'll usually start off with something like, you got any, you know, guns, bombs, dead bodies in the trunk, anything like that, you know.
[56:57.000 --> 57:02.000]  And if you say no, then they'll say, well, you know, do you mind if I search?
[57:02.000 --> 57:11.000]  And if you say, well, yeah, you know, I do mind if you search, as a matter of fact, they'll start in with what I call the Hitler philosophy, nothing to hide, nothing to fear.
[57:11.000 --> 57:20.000]  And I'll just tell them, you know, do you realize that that is exactly the philosophy that Hitler got his people to believe?
[57:20.000 --> 57:25.000]  You know, nothing to hide, nothing to fear. It's not about whether I have anything to hide, you know.
[57:25.000 --> 57:30.000]  And then they'll start, you know, at that point, of course, they don't like that.
[57:30.000 --> 57:38.000]  And so, you know, I'll just ask them, you know, for and on the record, is there something that you feel is in violation of the plain view rule?
[57:38.000 --> 57:42.000]  If so, let me know, and I'll hand it to you.
[57:42.000 --> 57:50.000]  And they'll say, well, no, I just, you know, if you don't let me search, and they always use this logic, and it's kind of, I can't believe they haven't figured out that it's not going to work all the time.
[57:50.000 --> 58:00.000]  But they'll say, if you don't let me search, then I don't know if you don't see, I don't know if you have, you know, whether or not you have any guns or bombs or dead bodies in the trunk.
[58:00.000 --> 58:10.000]  And I'll just say, thank you, for and on the record, thank you for that admission that you have no articular reason to believe that I have any guns, dead bodies in the trunk, bombs, things like that.
[58:10.000 --> 58:12.000]  Do you have any other questions?
[58:12.000 --> 58:14.000]  Yeah, I agree. That works just fine.
[58:14.000 --> 58:25.000]  Now, me personally, I said, well, no, I can't let you search. I just got off the phone with your wife, and she reminded me she left her underwear back there.
[58:25.000 --> 58:26.000]  I don't think I'm going to be trying that one.
[58:26.000 --> 58:32.000]  Yeah, well, you know, all right, we're about to take a break, Johnny, so you hang on, and we will be right back, okay?
[58:32.000 --> 58:33.000]  All right.
[58:33.000 --> 58:39.000]  All right, folks, this is Rule of Law Radio, call in number 512-646-1984.
[58:39.000 --> 58:50.000]  We're at our top of the hour break, so we're going to be going for about three or four minutes, but we will be back, so y'all hang on.
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[59:50.000 --> 01:00:03.000]  You are listening to the Logos Radio Network, logosradio network.com.
[01:00:03.000 --> 01:00:11.000]  This is the Liberty Beat, your daily source for Liberty news and activist updates, online at thelibertybeat.com.
[01:00:11.000 --> 01:00:16.000]  I'm Brian Hagan with your Liberty Beat for Monday, February 24, 2014.
[01:00:16.000 --> 01:00:20.000]  Gold opened today at $1,331.
[01:00:20.000 --> 01:00:27.000]  Silver opened at $22.02, while Bitcoin is trading at $569.90.
[01:00:27.000 --> 01:00:38.000]  Support for the Liberty Beat comes from SovereignBTC, media, marketing and consulting for the Bitcoin ecosystem, online at sovereignbtc.com.
[01:00:38.000 --> 01:00:45.000]  Support for the Liberty Beat also comes from Mass Appeal, affordable, high-quality printing, now accepting Bitcoin.
[01:00:45.000 --> 01:00:48.000]  Find them online at massappealinc.com.
[01:00:48.000 --> 01:00:53.000]  The CEO of Mt. Gox has resigned from the board of the Bitcoin Foundation.
[01:00:53.000 --> 01:00:59.000]  Reuters reports Mark Carpally stepped down Sunday with the resignation effective immediately.
[01:00:59.000 --> 01:01:09.000]  His decision follows numerous apparent missteps and technical issues incurred by the Tokyo-based Mt. Gox Bitcoin exchange, including the decision to halt all withdrawals.
[01:01:09.000 --> 01:01:18.000]  Mt. Gox was a founding member and one of the three elected industry representatives on the Bitcoin Foundation board.
[01:01:18.000 --> 01:01:23.000]  Hong Kong's first Bitcoin retail outlet is set to open on Friday.
[01:01:23.000 --> 01:01:32.000]  The South China Morning Post reports the 400-square-foot shop in Sai Ying Hun will allow walk-in customers to trade cash for Bitcoin.
[01:01:32.000 --> 01:01:40.000]  An identity card and proof of address will be required of customers in order to comply with customs and excise rules regarding money laundering.
[01:01:40.000 --> 01:01:49.000]  As the retail outlet is set to open, several firms are working to install Bitcoin ATMs at locations in Hong Kong.
[01:01:49.000 --> 01:01:59.000]  The United States Defense Advanced Research Projects Agency, commonly known as DARPA, has announced they will be working on a smartphone-piloted military drone.
[01:01:59.000 --> 01:02:05.000]  The drone will be designed to assist troops on the front lines of battle in avoiding explosive devices.
[01:02:05.000 --> 01:02:15.000]  Drone pilots would fly the machines using the aerial reconfigurable embedded system installed in a smartphone or tablet.
[01:02:15.000 --> 01:02:20.000]  Support for Liberty Beat comes from Dorothy Erminger at Capstar Lending.
[01:02:20.000 --> 01:02:23.000]  Dorothy can walk you through the ins and outs of buying a home.
[01:02:23.000 --> 01:02:34.000]  Give her a call 512-343-6494 or apply online at calledorothy.com, in MLS number 216-624.
[01:02:34.000 --> 01:02:46.000]  Support also comes from My Magic Mud, available at Brave New Books or online at mymagicmud.com, and from Brave New Books, online at bravenewbookstore.com.
[01:02:46.000 --> 01:02:54.000]  This is the Liberty Beat for Monday, February 24th, 2014. Check out the website at thelibertybeat.com.
[01:03:17.000 --> 01:03:25.000]  All right. We are back. This is Rule of Law Radio, and we are talking to Johnny in Texas. All right, Johnny, go ahead.
[01:03:25.000 --> 01:03:36.000]  Well, that's really all I wanted to say, and the whole point of that dialogue is, you know, it kind of reminds the cops and lets them know that you know.
[01:03:36.000 --> 01:03:48.000]  And people really need to go and look at the case law on it, but the basic point of it is they can't just ask you, you know, to search, just looking for whatever they can find.
[01:03:48.000 --> 01:03:58.000]  They need to be able to articulate that they think that you have something and what it is that you have and why it is that they believe that you have it, and then go look for it.
[01:03:58.000 --> 01:03:59.000]  They can't just want to...
[01:03:59.000 --> 01:04:01.000]  Yeah, exactly. They can't go fishing.
[01:04:01.000 --> 01:04:08.000]  Right. And, you know, a lot of times they'll get really angry when you say, you know, what is it that you believe that I have?
[01:04:08.000 --> 01:04:17.000]  The courts have ruled on this repeatedly. You are required to articulate to me what it is that you believe that I have and why it is that you believe that I have it.
[01:04:17.000 --> 01:04:22.000]  Otherwise, you're not searching, and that's how it needs to be in every, you know, every instance.
[01:04:22.000 --> 01:04:25.000]  Yeah, exactly. I completely agree with you.
[01:04:25.000 --> 01:04:31.000]  We have to quit giving up what we rightfully possess for free, and that possession is our rights.
[01:04:31.000 --> 01:04:48.000]  Yep. Yep, absolutely. And just, you know, people need to be aware that, I mean, you and I both know, and probably a lot of the other listeners know, when you stand on their rights, they will get, oftentimes they'll get belligerent, and they will try to scare and intimidate you out of it.
[01:04:48.000 --> 01:04:55.000]  But if you just keep standing on them, most of the time they'll, you know, they'll realize that you're not going to be swayed, and they'll go away.
[01:04:55.000 --> 01:05:00.000]  But when it comes to the searches, you know, people need to be aware. They can't just, like you said, they can't go fishing.
[01:05:00.000 --> 01:05:11.000]  They need to tell you what it is that they think you have, why it is that they think that you have it, and if they can't articulate it, then, you know, go found salt. You're not searching.
[01:05:11.000 --> 01:05:15.000]  Exactly. That's it. I agree. That's all I wanted to say. All right. Well, thanks for calling in, Johnny.
[01:05:15.000 --> 01:05:17.000]  All right, man. Talk to you later. All right. Bye-bye.
[01:05:17.000 --> 01:05:22.000]  All right. Now we're going to talk to Joe in Illinois. Joe, what's up?
[01:05:22.000 --> 01:05:34.000]  Greetings from the People's Republic of Illinois. Good evening, Eddie. I wanted to ask you about who can issue a warrant and for what purpose.
[01:05:34.000 --> 01:05:39.000]  But before I do, I'd like to relay to you a little success story, if I may.
[01:05:39.000 --> 01:05:41.000]  Sure.
[01:05:41.000 --> 01:05:44.000]  We like success, as long as it's ours.
[01:05:44.000 --> 01:05:55.000]  Exactly. About a month and a half ago, I called you about my son. He had gotten into an altercation with his mother and his brother, got beat up pretty badly, and then got arrested for domestic violence.
[01:05:55.000 --> 01:05:56.000]  Yes.
[01:05:56.000 --> 01:06:13.000]  His lawyer was basically selling him down the river, already told him to go ahead and start doing drug testing, start going to AA and all these other things that weren't even related to what had happened.
[01:06:13.000 --> 01:06:22.000]  And when I talked to my son about it, and he told me what was going on, I said, so you saw the judge, and the judge told you the news? He goes, no, my lawyer told me to.
[01:06:22.000 --> 01:06:34.000]  So that kind of upset me. And of course, his lawyer wouldn't discuss anything with me because I wasn't his client. I talked to you, and you gave me some advice and things to do.
[01:06:34.000 --> 01:06:36.000]  Did I do that?
[01:06:36.000 --> 01:06:45.000]  You sure did. You did a great job. I texted all of the email I sent to my son. I said, if I were you, I would print this out and give it to your lawyer.
[01:06:45.000 --> 01:06:57.000]  Well, the day of his appearance in court, he met with his lawyer and gave it to him. The guy went through the roof and down the other side, promptly stormed into the court.
[01:06:57.000 --> 01:07:03.000]  When it was his turn, he stood up and said, Your Honor, I motion the court to be dismissed from this case.
[01:07:03.000 --> 01:07:12.000]  And the judge looked at him, and he looked at my son, and he said, well, hold on here. What's going on, son? Why don't you tell me what's going on?
[01:07:12.000 --> 01:07:23.000]  So my son stood up and said basically what you had told me to tell him. And he said, no, I don't want to plead innocent. I don't want to plead guilty. I haven't done anything. I want to stand on my common law right.
[01:07:23.000 --> 01:07:36.000]  I want to know who the injured party is here, besides myself, he said. And he started going through a litany of other things. Well, the judge realized things were getting out of control real quick.
[01:07:36.000 --> 01:07:45.000]  So he stopped him there and he said, all right, son, I'll tell you what we'll do. Now, prior to this, his lawyer had told him you're probably going to do about a year's worth of probation.
[01:07:45.000 --> 01:07:52.000]  You're going to be on in this program and that program. And of course, you're going to have to pay all these fines and fees.
[01:07:52.000 --> 01:08:02.000]  Well, after my son stood up and told him, told the judge he didn't want to plead guilty or innocent. He didn't. He wanted to stand on his common law right. The judge says, well, I'll tell you what let's do, son.
[01:08:02.000 --> 01:08:07.000]  If you're good for 90 days, we'll just drop the whole thing.
[01:08:07.000 --> 01:08:08.000]  One for me.
[01:08:08.000 --> 01:08:16.000]  My son agreed. So I appreciate that. Thank you very much from me and my son both.
[01:08:16.000 --> 01:08:19.000]  Well, both of you are very welcome.
[01:08:19.000 --> 01:08:29.000]  Now, my issue is I have been a member of the Friend of the Court system for many, many years.
[01:08:29.000 --> 01:08:34.000]  And occasionally they do get things wrong. And occasionally.
[01:08:34.000 --> 01:08:35.000]  Come on, Joe.
[01:08:35.000 --> 01:08:38.000]  Trying to be nice.
[01:08:38.000 --> 01:08:42.000]  Trying to stretch a liberal eye, as they say.
[01:08:42.000 --> 01:08:50.000]  But they accused me of lack of support. Now, I have, of course, a full record of my payment.
[01:08:50.000 --> 01:08:54.000]  And they even sent me their own record of my payment.
[01:08:54.000 --> 01:09:02.000]  But they claim I'm way in the rears. And a lot of it is a fees that they have tacked on that I had no clue about.
[01:09:02.000 --> 01:09:06.000]  But in any case, it's a relatively small amount.
[01:09:06.000 --> 01:09:17.000]  So they went ahead and asked for a show cause hearing and they sent the notice to a wrong address.
[01:09:17.000 --> 01:09:21.000]  And on top of that, I live about 300 miles away.
[01:09:21.000 --> 01:09:26.000]  The Friend of the Court in the past, or at least the people who were in charge of my case in the past,
[01:09:26.000 --> 01:09:32.000]  have always allowed me just to call in, talk to them, get it squared away and move on.
[01:09:32.000 --> 01:09:37.000]  Well, it got a new person in there now. And this person apparently is trying to make a name for themselves.
[01:09:37.000 --> 01:09:41.000]  So I tried the first thing, which was call them, talk it out with them.
[01:09:41.000 --> 01:09:44.000]  And they said, absolutely not. You have to come in here.
[01:09:44.000 --> 01:09:47.000]  So they issued a warrant for my arrest.
[01:09:47.000 --> 01:09:53.000]  On top of that, they have put out a wanted poster and they sent it to a whole bunch of folks,
[01:09:53.000 --> 01:09:57.000]  including my family members, who called me laughing.
[01:09:57.000 --> 01:10:03.000]  Because, of course, the picture on the front wasn't very flattering, but it makes me look kind of like
[01:10:03.000 --> 01:10:12.000]  one of Charlie Manson's kids, you know, who wanted for all sorts of misdemeanor and such.
[01:10:12.000 --> 01:10:17.000]  When I called back to the sheriff's department, there was a number on this wanted poster.
[01:10:17.000 --> 01:10:21.000]  I called the sheriff's department. That's where I went, the number.
[01:10:21.000 --> 01:10:26.000]  And they said, oh yeah, there's a warrant and you have to appear before the Friend of the Court
[01:10:26.000 --> 01:10:28.000]  to get it taken care of.
[01:10:28.000 --> 01:10:31.000]  And I said, well, can you send me a copy of that warrant?
[01:10:31.000 --> 01:10:34.000]  No, you can't see the warrant, they said.
[01:10:34.000 --> 01:10:37.000]  And I said, well, can you at least tell me who signed the warrant?
[01:10:37.000 --> 01:10:39.000]  And they said, yeah, the Friend of the Court.
[01:10:39.000 --> 01:10:44.000]  I said, so the judge didn't sign it? No, the Friend of the Court signed it.
[01:10:44.000 --> 01:10:49.000]  So a magistrate didn't sign it? No, the Friend of the Court signed it.
[01:10:49.000 --> 01:10:53.000]  Now, my question to you is, is that legal?
[01:10:53.000 --> 01:10:58.000]  Not if you've got a separation of powers clause in your state constitution
[01:10:58.000 --> 01:11:06.000]  and the law does not allow anyone but a magistrate to issue, that is absolutely illegal.
[01:11:06.000 --> 01:11:08.000]  Those powers, okay.
[01:11:08.000 --> 01:11:18.000]  For instance, who is authorized by law in your particular state to issue warrants of arrest?
[01:11:18.000 --> 01:11:23.000]  I believe that, you know, I called up, actually I called two people,
[01:11:23.000 --> 01:11:26.000]  but I wanted to run it by you before I did anything.
[01:11:26.000 --> 01:11:29.000]  The first person I called was an attorney in Michigan.
[01:11:29.000 --> 01:11:30.000]  He was a friend of mine.
[01:11:30.000 --> 01:11:32.000]  He doesn't practice in this area.
[01:11:32.000 --> 01:11:34.000]  He basically does corporate stuff.
[01:11:34.000 --> 01:11:39.000]  But he said it sounds like an issue of due process to him.
[01:11:39.000 --> 01:11:42.000]  And then I called my other friend who is a conservation officer.
[01:11:42.000 --> 01:11:51.000]  And in Michigan, those guys have more authority than any other deputy or police officer or peace officer or constable.
[01:11:51.000 --> 01:11:55.000]  They're just, they're statewide and they can basically do whatever they want.
[01:11:55.000 --> 01:11:58.000]  I called him up and I said, what do you think about this?
[01:11:58.000 --> 01:12:00.000]  And he was flabbergasted.
[01:12:00.000 --> 01:12:11.000]  He said, not only have I never heard of them doing this, but he said sending out a wanted poster, it kind of hurt him.
[01:12:11.000 --> 01:12:13.000]  But I'm almost positive.
[01:12:13.000 --> 01:12:19.000]  I wouldn't swear to it right now, but I'm almost positive there is a separation of powers clause within our Constitution.
[01:12:19.000 --> 01:12:20.000]  I'm pretty sure there is.
[01:12:20.000 --> 01:12:23.000]  I haven't seen a state Constitution that doesn't have one.
[01:12:23.000 --> 01:12:28.000]  But they've got two problems based upon what you've described so far.
[01:12:28.000 --> 01:12:31.000]  And I don't really mean to interrupt you, but I want to make sure that we get these out there.
[01:12:31.000 --> 01:12:37.000]  The fact that one, they probably got a separation of powers problem since this person is not a magistrate
[01:12:37.000 --> 01:12:44.000]  or judge depending upon which hat they have to wear to issue a warrant for arrest and they're not specifically authorized by law.
[01:12:44.000 --> 01:12:49.000]  This person is attempting to impersonate a judicial officer, whether it be a magistrate or a judge.
[01:12:49.000 --> 01:12:57.000]  If they're in the executive branch or any other branch other than the judicial, they're also violating the separation of powers clause.
[01:12:57.000 --> 01:13:06.000]  Now, on top of that, by issuing a wanted poster with your face and name on it, they have now entered the realm of liable.
[01:13:06.000 --> 01:13:13.000]  They put something in print that was damaging to your reputation, business, or character,
[01:13:13.000 --> 01:13:20.000]  and they had no lawful authority to make the accusation, issue the poster, or even state the claim.
[01:13:20.000 --> 01:13:24.000]  Therefore, it's fraudulent.
[01:13:24.000 --> 01:13:26.000]  It's fraudulent and liable.
[01:13:26.000 --> 01:13:27.000]  Correct.
[01:13:27.000 --> 01:13:29.000]  Okay.
[01:13:29.000 --> 01:13:33.000]  Well, the basis of liable is that the claim is false.
[01:13:33.000 --> 01:13:34.000]  Right.
[01:13:34.000 --> 01:13:44.000]  Okay, they're stating something that isn't true and they've attached your name and or likeness to it and thus disparaged you by doing so.
[01:13:44.000 --> 01:13:45.000]  Right.
[01:13:45.000 --> 01:13:51.000]  That's pretty much what my DNR officer buddy told me.
[01:13:51.000 --> 01:13:53.000]  He said, look up liable.
[01:13:53.000 --> 01:13:54.000]  Yep.
[01:13:54.000 --> 01:13:57.000]  The moment it goes, if they do it verbally, it's slander.
[01:13:57.000 --> 01:13:59.000]  If they do it in print, it's liable.
[01:13:59.000 --> 01:14:00.000]  Okay.
[01:14:00.000 --> 01:14:08.000]  Now, my course of action, I think this is my best course of action.
[01:14:08.000 --> 01:14:10.000]  You can tell me if I'm all wet or not.
[01:14:10.000 --> 01:14:17.000]  I believe based on what you've just said and what I've heard from a few others that everybody in the food chain over there,
[01:14:17.000 --> 01:14:26.000]  to include the sheriff who issued, who accepted this warrant, could be roped into a...
[01:14:26.000 --> 01:14:27.000]  Absolutely.
[01:14:27.000 --> 01:14:33.000]  The sheriff is required to know whether or not a warrant he takes possession of for the purpose of execution is valid.
[01:14:33.000 --> 01:14:34.000]  Okay.
[01:14:34.000 --> 01:14:36.000]  He has to believe it's valid.
[01:14:36.000 --> 01:14:40.000]  There's no way he can believe it's valid if it isn't signed by a proper officer.
[01:14:40.000 --> 01:14:42.000]  Well, let me ask you this.
[01:14:42.000 --> 01:14:47.000]  Is there some way, I mean, the friend of the court and divorced, I believe is a civil issue.
[01:14:47.000 --> 01:14:51.000]  Is there some way that on the civil side of life...
[01:14:51.000 --> 01:14:57.000]  The only thing they can hit you with would be contempt of court.
[01:14:57.000 --> 01:15:02.000]  On the civil side, that's all they could do.
[01:15:02.000 --> 01:15:05.000]  Okay.
[01:15:05.000 --> 01:15:08.000]  Yeah, and that's not what the warrant states.
[01:15:08.000 --> 01:15:12.000]  Now, aren't they supposed to show me the warrant?
[01:15:12.000 --> 01:15:15.000]  They don't have to show the warrant until it's been executed.
[01:15:15.000 --> 01:15:16.000]  Okay.
[01:15:16.000 --> 01:15:19.000]  That's pretty much what my DNR buddy said.
[01:15:19.000 --> 01:15:20.000]  Yes.
[01:15:20.000 --> 01:15:23.000]  I said, so you're telling me I got to go to jail to get a look at this?
[01:15:23.000 --> 01:15:29.000]  No, you can actually appear in court yourself to nullify the warrant and state either you produce a copy of the warrant
[01:15:29.000 --> 01:15:34.000]  and show me your lawful authority for issuing it or when I do get out of here,
[01:15:34.000 --> 01:15:40.000]  your career is on the chopping block along with the federal lawsuit I'm going to file against you.
[01:15:40.000 --> 01:15:41.000]  Where would I...
[01:15:41.000 --> 01:15:45.000]  Any court or the family court...
[01:15:45.000 --> 01:15:50.000]  Wherever that warrant allegedly required you to be returned to.
[01:15:50.000 --> 01:15:54.000]  Well, it required me to be returned to the friend of the court.
[01:15:54.000 --> 01:15:55.000]  Okay.
[01:15:55.000 --> 01:15:58.000]  Well, the friend of the court that specifically signed it?
[01:15:58.000 --> 01:15:59.000]  Yes.
[01:15:59.000 --> 01:16:01.000]  Then you go to wherever they are.
[01:16:01.000 --> 01:16:04.000]  Okay.
[01:16:04.000 --> 01:16:07.000]  And I ask them by what authority they issued that warrant.
[01:16:07.000 --> 01:16:11.000]  Once you're there, the warrant's executed.
[01:16:11.000 --> 01:16:14.000]  So you can demand a copy of it then.
[01:16:14.000 --> 01:16:16.000]  In its current state.
[01:16:16.000 --> 01:16:21.000]  And you can see whether or not it's signed by a proper individual or who did sign it.
[01:16:21.000 --> 01:16:27.000]  And then you can find out whether or not that person had the lawful authority to assign it.
[01:16:27.000 --> 01:16:31.000]  But I would already go down there armed with that information before I appeared.
[01:16:31.000 --> 01:16:32.000]  Who can sign it?
[01:16:32.000 --> 01:16:33.000]  Who did sign it?
[01:16:33.000 --> 01:16:40.000]  And all that stuff along with the statute and that proves it was illegally done if it's illegally done.
[01:16:40.000 --> 01:16:41.000]  Great.
[01:16:41.000 --> 01:16:42.000]  Okay, Eddie.
[01:16:42.000 --> 01:16:43.000]  All right, Joe.
[01:16:43.000 --> 01:16:50.000]  Come over and send me a copy of whatever it was you sent your son so I got reference material for anybody else from Illinois that calls in with similar issues.
[01:16:50.000 --> 01:16:51.000]  You got it.
[01:16:51.000 --> 01:16:52.000]  All right.
[01:16:52.000 --> 01:16:53.000]  Thanks, Joe, for calling in.
[01:16:53.000 --> 01:16:54.000]  All right, folks.
[01:16:54.000 --> 01:16:57.000]  This is Rule of Law Radio 512-646-1984.
[01:16:57.000 --> 01:17:01.000]  We'll be right back.
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[01:19:23.000 --> 01:19:39.000]  Hi, folks. We are back. This is Rule of Law Radio, and now we are going to go to Larry in Missouri or Montana.
[01:19:39.000 --> 01:19:40.000]  Which one is it, Larry?
[01:19:40.000 --> 01:19:42.000]  It's Missouri.
[01:19:42.000 --> 01:19:44.000]  Missouri. Okay. Good. I thought it was what I had.
[01:19:44.000 --> 01:19:46.000]  Yeah. Eddie, how are you?
[01:19:46.000 --> 01:19:47.000]  Good. And you?
[01:19:47.000 --> 01:19:49.000]  Pretty good. Thank you. Two quick questions.
[01:19:49.000 --> 01:19:58.000]  Well, one quick question and the other one may be longer, but the transportation script you have applies to, can apply to DUI stocks?
[01:19:58.000 --> 01:20:01.000]  It applies to any type of public servant encounter.
[01:20:01.000 --> 01:20:02.000]  Okay.
[01:20:02.000 --> 01:20:15.000]  Now, in Missouri, are you required to physically hand a driver's license or any of that information over to an officer?
[01:20:15.000 --> 01:20:17.000]  I do not know that.
[01:20:17.000 --> 01:20:24.000]  Okay. You need to find out because in which case there's a very simple thing you can do when it comes to DUI checkpoints and things like that,
[01:20:24.000 --> 01:20:35.000]  and that is you can simply make you a little sign to stick right up in the window that says, I do not consent to searches or seizures.
[01:20:35.000 --> 01:20:43.000]  I invoke my right to remain silent, and I demand my attorney, or I demand the lawyer, and just stick that up in the window.
[01:20:43.000 --> 01:20:51.000]  If the law does not require you to actually provide them with a physical license during a traffic stop or anything of that nature,
[01:20:51.000 --> 01:20:57.000]  or to actually accept and sign the citation, then there's no reason for you to even roll your window down.
[01:20:57.000 --> 01:21:04.000]  So you've actually, you never speak for the officer to say you slurred your words or anything like that,
[01:21:04.000 --> 01:21:09.000]  and you never roll the window down where he can make up the excuse of him smelling something.
[01:21:09.000 --> 01:21:15.000]  Now, this idea was presented by a DUI attorney in Florida where those are the criteria.
[01:21:15.000 --> 01:21:18.000]  You are not required to provide them with a physical license during a stop.
[01:21:18.000 --> 01:21:24.000]  You are not required to sign the citation, whereas the last thing on the bottom of the sign says,
[01:21:24.000 --> 01:21:29.000]  please place any citations under the windshield wiper, and that's it.
[01:21:29.000 --> 01:21:31.000]  No one talks. No one rolls the window down.
[01:21:31.000 --> 01:21:35.000]  No one gives them jack squat in Florida if they know about this little sign.
[01:21:35.000 --> 01:21:39.000]  They go through a DUI checkpoint. They slap it up in the window.
[01:21:39.000 --> 01:21:44.000]  The cop goes, crap, go on, and that's that.
[01:21:44.000 --> 01:21:51.000]  Okay, so for clarification, you say, so I need to find out whether I'm required to hand over a license.
[01:21:51.000 --> 01:21:54.000]  Or any of the other documents they like to associate with it,
[01:21:54.000 --> 01:22:00.000]  and whether or not you are required to physically accept and or sign the citation.
[01:22:00.000 --> 01:22:06.000]  If the answer is no to all of those, then that sign will work just fine where you're at.
[01:22:06.000 --> 01:22:10.000]  For DUI or this is for all traffic stops?
[01:22:10.000 --> 01:22:13.000]  That would be, it would work for any of them in that case.
[01:22:13.000 --> 01:22:14.000]  Okay.
[01:22:14.000 --> 01:22:21.000]  But this DUI attorney, he's showing that you can specifically use this at DUI checkpoints.
[01:22:21.000 --> 01:22:22.000]  Okay.
[01:22:22.000 --> 01:22:29.000]  But why you think you would have a separate set of rights at a DUI checkpoint than you do on a traffic stop would be beyond me.
[01:22:29.000 --> 01:22:32.000]  Right. I understand. Okay.
[01:22:32.000 --> 01:22:34.000]  Well, I didn't mean you personally. I'm just saying in general.
[01:22:34.000 --> 01:22:37.000]  Okay. All right. That's my first part.
[01:22:37.000 --> 01:22:40.000]  The second question is homeowners association related.
[01:22:40.000 --> 01:22:46.000]  Real quick, I've been living subdivision here with the HOA for five years.
[01:22:46.000 --> 01:22:51.000]  When I moved in here, they required a $200 yearly dues.
[01:22:51.000 --> 01:22:54.000]  So I paid that for the five years.
[01:22:54.000 --> 01:23:09.000]  Last summer, 2013, they had a meeting that I was unable to attend where they voted majority vote in favor of assessing another $200 yearly fee for a total of $400 a year.
[01:23:09.000 --> 01:23:14.000]  They sent notices out asking for the dues. I did not pay.
[01:23:14.000 --> 01:23:29.000]  I checked the contract when I closing and I do not see anywhere where they can add amend increase by vote or anything to that nature.
[01:23:29.000 --> 01:23:37.000]  I sent them a letter telling them basically that I do not consent to any increases in my yearly dues.
[01:23:37.000 --> 01:23:41.000]  Okay. Wait a minute. Wait a minute. Let me short circuit this in for a second and ask a question.
[01:23:41.000 --> 01:23:42.000]  Go ahead.
[01:23:42.000 --> 01:23:54.000]  First off, the HOA fees are directly integrated into your mortgage contract as far as you accepting that there will be some.
[01:23:54.000 --> 01:23:57.000]  Yes, but it's not integrated. I pay them separate.
[01:23:57.000 --> 01:24:01.000]  Okay. Wait, wait, wait. Hold on. Just follow what I'm saying here.
[01:24:01.000 --> 01:24:13.000]  You have a mortgage contract that says in order to purchase this property as a term of the contract, you must accept HOA regulations and fees.
[01:24:13.000 --> 01:24:15.000]  Yes or no?
[01:24:15.000 --> 01:24:16.000]  I don't know.
[01:24:16.000 --> 01:24:19.000]  What do you mean you don't know? You just said you read it.
[01:24:19.000 --> 01:24:22.000]  Well, I read that the contract did not say that.
[01:24:22.000 --> 01:24:33.000]  Okay. The general gist of it, does it say that you know and accept that there's an HOA on the property you're buying? And if you buy it, you're going to be bound to buy it.
[01:24:33.000 --> 01:24:42.000]  Well, on the mortgage contract, no. When I read the contract, I read the subdivision homeowners rules.
[01:24:42.000 --> 01:24:56.000]  Okay. Again, what is in a contract? Is the HOA stuff integrated with any other contract you signed or was that a completely separate contract?
[01:24:56.000 --> 01:25:00.000]  And if so, when, where, and how did you get a hold of it and sign it?
[01:25:00.000 --> 01:25:06.000]  It was a separate agreement, separate contract, and I signed it.
[01:25:06.000 --> 01:25:20.000]  But it was not, as a separate agreement, it was not conditional that you must enjoin yourself to that agreement by the purchase of the property?
[01:25:20.000 --> 01:25:22.000]  No.
[01:25:22.000 --> 01:25:30.000]  Okay. So you chose completely apart from buying the property to join an HOA and sign an agreement with them?
[01:25:30.000 --> 01:25:31.000]  Yes.
[01:25:31.000 --> 01:25:43.000]  And there's nothing in your mortgage contract whatsoever that requires you to maintain the property as a member of that or any other HOA?
[01:25:43.000 --> 01:25:45.000]  As far as I know, no.
[01:25:45.000 --> 01:25:53.000]  Okay. Well, no a little more than that. You need to be checking because that's going to be very important to what you do next.
[01:25:53.000 --> 01:25:55.000]  Okay.
[01:25:55.000 --> 01:26:04.000]  The presumption will be that you entered into an agreement anywhere that such an agreement was a requirement prior to purchase. Got it?
[01:26:04.000 --> 01:26:05.000]  Yes.
[01:26:05.000 --> 01:26:26.000]  If the HOA is a separate, independent, self-contained agreement, like getting an alarm system for your house, then they can't by majority vote of anybody rejoin you to that contract without your consent.
[01:26:26.000 --> 01:26:42.000]  If, however, the purchase of the property is conditional upon its remaining in an HOA, and it's whatever HOA that other areas of the subdivision are required to be in,
[01:26:42.000 --> 01:27:00.000]  then you're bound by that clause first and the terms of it second because I'm quite sure if that's the way it's written that it will say that you agree to any terms as they're applied and agreed to by a majority vote of the other homeowners that are members of the association.
[01:27:00.000 --> 01:27:01.000]  Do you follow?
[01:27:01.000 --> 01:27:03.000]  Yes.
[01:27:03.000 --> 01:27:06.000]  That's what you need to be reading up to find out on.
[01:27:06.000 --> 01:27:08.000]  Okay.
[01:27:08.000 --> 01:27:10.000]  All right, I will do that.
[01:27:10.000 --> 01:27:11.000]  Okay.
[01:27:11.000 --> 01:27:12.000]  That's all I had.
[01:27:12.000 --> 01:27:13.000]  Thank you very much.
[01:27:13.000 --> 01:27:14.000]  You're very welcome.
[01:27:14.000 --> 01:27:15.000]  Thanks for calling in.
[01:27:15.000 --> 01:27:16.000]  Okay.
[01:27:16.000 --> 01:27:17.000]  Okay.
[01:27:17.000 --> 01:27:18.000]  Thanks.
[01:27:18.000 --> 01:27:19.000]  Bye.
[01:27:19.000 --> 01:27:20.000]  Bye.
[01:27:20.000 --> 01:27:21.000]  All right.
[01:27:21.000 --> 01:27:22.000]  Now we're going to go to Mike in Missouri.
[01:27:22.000 --> 01:27:23.000]  Mike, what do you got?
[01:27:23.000 --> 01:27:24.000]  Yes, sir.
[01:27:24.000 --> 01:27:30.000]  I had a citation last October alleging operating a motor vehicle without a license.
[01:27:30.000 --> 01:27:39.000]  I have filed four motions to dismiss, and the judge is trying to keep me from getting the motion hearing on the record.
[01:27:39.000 --> 01:27:48.000]  I keep filing a motion for continuance and moving it forward a month every time I go in.
[01:27:48.000 --> 01:27:49.000]  Okay.
[01:27:49.000 --> 01:27:55.000]  Very bad idea for you to keep filing continuance motions, first and foremost.
[01:27:55.000 --> 01:28:04.000]  Any time you are the cause for the delay, you cannot claim failure to provide a speedy trial.
[01:28:04.000 --> 01:28:05.000]  Capiche?
[01:28:05.000 --> 01:28:06.000]  Mm-hmm.
[01:28:06.000 --> 01:28:18.000]  And if they're afraid of getting something into the record that you have a right to have in the record, then make them be the one causing the delay.
[01:28:18.000 --> 01:28:22.000]  Then you can go and say, look, you guys have delayed this and delayed this and delayed this.
[01:28:22.000 --> 01:28:24.000]  You denied me to my right to a speedy trial.
[01:28:24.000 --> 01:28:30.000]  I want it dismissed and force them on that issue.
[01:28:30.000 --> 01:28:31.000]  Okay.
[01:28:31.000 --> 01:28:32.000]  All right.
[01:28:32.000 --> 01:28:34.000]  Now with that in mind, please continue.
[01:28:34.000 --> 01:28:35.000]  Okay.
[01:28:35.000 --> 01:28:44.000]  The main thing I need is to get the fact that he's probably going to deny my motion, and I'd like to have that on the record.
[01:28:44.000 --> 01:28:49.000]  I just don't know how to make them get it on the record.
[01:28:49.000 --> 01:28:53.000]  Is it a court of record that you're in?
[01:28:53.000 --> 01:28:55.000]  Supposedly.
[01:28:55.000 --> 01:29:07.000]  Well, supposedly based on what, that you actually know something that says it is a court of record or somebody just told you?
[01:29:07.000 --> 01:29:09.000]  I'm not real sure.
[01:29:09.000 --> 01:29:11.000]  I think I read it somewhere.
[01:29:11.000 --> 01:29:15.000]  Well, try to find that somewhere and read it again to make certain.
[01:29:15.000 --> 01:29:16.000]  Okay.
[01:29:16.000 --> 01:29:21.000]  He said the only thing that he would allow to get on the record would be a trial.
[01:29:21.000 --> 01:29:22.000]  No, not true.
[01:29:22.000 --> 01:29:28.000]  If it's a court of record, he is required, first of all, anything you file becomes a part of the record.
[01:29:28.000 --> 01:29:29.000]  Okay.
[01:29:29.000 --> 01:29:30.000]  Yes.
[01:29:30.000 --> 01:29:46.000]  Second thing is if you're entitled in Missouri to a pretrial hearing on any motions to have them answered, then you need to find the statute that compels the judge to hold such a hearing and get a date set for it.
[01:29:46.000 --> 01:29:47.000]  Okay.
[01:29:47.000 --> 01:29:48.000]  All right.
[01:29:48.000 --> 01:29:49.000]  But hang on just a second, Mike.
[01:29:49.000 --> 01:29:52.000]  We'll take a break and then we'll come back and finish up with you, okay?
[01:29:52.000 --> 01:29:53.000]  All right, folks.
[01:29:53.000 --> 01:29:54.000]  This is Rollerball Radio.
[01:29:54.000 --> 01:30:02.000]  We will be right back, so y'all hang in there.
[01:30:02.000 --> 01:30:04.000]  Please scan your next item.
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[01:33:02.000 --> 01:33:13.000]  You're listening to the Logos Radio Network at LogosRadioNetwork.com.
[01:33:13.000 --> 01:33:34.000]  All right, folks, we are back.
[01:33:34.000 --> 01:33:37.000]  This is Real Law Radio, and we are talking to Mike in Missouri.
[01:33:37.000 --> 01:33:40.000]  All right, Mike, continue on.
[01:33:40.000 --> 01:33:46.000]  Yes, sir, I got a response to my first two motions,
[01:33:46.000 --> 01:34:01.000]  and the assistant prosecuting attorney requested that the court deny those two motions based on double jeopardy and to allow the case to proceed.
[01:34:01.000 --> 01:34:04.000]  I'm not real sure what he meant by that.
[01:34:04.000 --> 01:34:08.000]  Wait, say that one more time?
[01:34:08.000 --> 01:34:10.000]  I'll read exactly what he's got here on the response.
[01:34:10.000 --> 01:34:20.000]  It says, wherefore the state requests that the court deny a defendant's motion to dismiss based on double jeopardy and allow the case to proceed.
[01:34:20.000 --> 01:34:24.000]  Okay, what is the claim of double jeopardy?
[01:34:24.000 --> 01:34:25.000]  I'm not sure.
[01:34:25.000 --> 01:34:31.000]  I didn't see anything else in his response referring to double jeopardy.
[01:34:31.000 --> 01:34:34.000]  Whose response?
[01:34:34.000 --> 01:34:36.000]  The assistant prosecuting attorney.
[01:34:36.000 --> 01:34:40.000]  The prosecuting, okay, who asked for the dismissal?
[01:34:40.000 --> 01:34:41.000]  I did.
[01:34:41.000 --> 01:34:42.000]  Yeah.
[01:34:42.000 --> 01:34:51.000]  They're saying you made a claim for double jeopardy.
[01:34:51.000 --> 01:34:53.000]  Did you?
[01:34:53.000 --> 01:34:54.000]  Not that I'm aware of.
[01:34:54.000 --> 01:34:58.000]  I filed four motions to dismiss.
[01:34:58.000 --> 01:35:01.000]  Stating what as the basis?
[01:35:01.000 --> 01:35:08.000]  The first one was for lack of a verified complaint, lack of information.
[01:35:08.000 --> 01:35:14.000]  The second one was for vagueness.
[01:35:14.000 --> 01:35:21.000]  The third was no case, no standing.
[01:35:21.000 --> 01:35:32.000]  And the fourth one was, I believe, lack of a verified complaint, but it was based upon a little bit different information.
[01:35:32.000 --> 01:35:35.000]  Okay.
[01:35:35.000 --> 01:35:42.000]  So did you respond to their response to the motion to dismiss?
[01:35:42.000 --> 01:35:56.000]  Not yet, because I just- When you do, move for sanctions against the prosecutor and for attempting to perpetrate fraud upon the court by misstating the facts of the case and the facts of your motions to dismiss.
[01:35:56.000 --> 01:36:01.000]  Okay.
[01:36:01.000 --> 01:36:05.000]  I will look into that.
[01:36:05.000 --> 01:36:10.000]  He agreed, essentially, with what my first motion said.
[01:36:10.000 --> 01:36:15.000]  He said the state does not agree with the general statement of the law in the motion.
[01:36:15.000 --> 01:36:32.000]  However, there's a more specific statement of the law that I have ignored, he claims, that the Missouri Supreme Court Rule 38 is specifically applicable to this case, which governs the procedure in all courts of this state having original jurisdiction.
[01:36:32.000 --> 01:36:44.000]  And it goes on to list several statutes concerning traffic violations and the disposition of violations in a violation bureau.
[01:36:44.000 --> 01:36:45.000]  Okay.
[01:36:45.000 --> 01:36:51.000]  And does that statute he's referring to work in your favor or against you?
[01:36:51.000 --> 01:36:58.000]  I really don't think it applies, honestly, from my reading of the statute.
[01:36:58.000 --> 01:37:06.000]  Okay. Did you read the court opinion he's citing as to how it applies?
[01:37:06.000 --> 01:37:09.000]  I haven't gone back and looked at the original.
[01:37:09.000 --> 01:37:10.000]  Original what?
[01:37:10.000 --> 01:37:28.000]  The only, the original site, the one that he gave here, state versus Wilson, and it's essentially his case site is that when two statutes cover the same subject matter, the specific will control over the general.
[01:37:28.000 --> 01:37:31.000]  That's always true. That's statutory construction.
[01:37:31.000 --> 01:37:39.000]  The local and specific will always control over the general unless the local and specific specifically states otherwise.
[01:37:39.000 --> 01:37:46.000]  And that is the only case site that he has used for denying that motion.
[01:37:46.000 --> 01:37:54.000]  Well, if that's actually what they decided, that is absolutely correct. That is proper statutory construction.
[01:37:54.000 --> 01:38:00.000]  So what is your argument that defies statutory construction?
[01:38:00.000 --> 01:38:12.000]  Well, the argument was that he did not use the proper charging document to begin with. He used the uniform citation.
[01:38:12.000 --> 01:38:23.000]  And is the rule he's referring to, 38, or whatever it was, specifically allow under Missouri law for a citation to be used as a complaint?
[01:38:23.000 --> 01:38:25.000]  I believe rule 38 does, yes.
[01:38:25.000 --> 01:38:36.000]  Okay. Then in that case, is there anything in the state constitution that would make that an invalid rule?
[01:38:36.000 --> 01:38:43.000]  For instance, does your state constitution say that only an indictment or an information invests the court with jurisdiction of the cause?
[01:38:43.000 --> 01:38:51.000]  If so, that would mean that a complaint can't do it. Therefore, a citation can't do it either.
[01:38:51.000 --> 01:38:53.000]  Okay.
[01:38:53.000 --> 01:38:56.000]  That's the kind of stuff you need to find.
[01:38:56.000 --> 01:39:02.000]  The only way you're going to defeat a court opinion on it is to prove the court opinion is dead wrong.
[01:39:02.000 --> 01:39:15.000]  And the way you're going to do that in this case is to prove that the state constitution, like it does here in Texas, specifically states that ain't going to fly, Junior.
[01:39:15.000 --> 01:39:17.000]  I will do some more research on that.
[01:39:17.000 --> 01:39:28.000]  I'm fairly new to all of this, and it has just been fairly recently that I have discovered your show, and I've learned a lot in the past five months.
[01:39:28.000 --> 01:39:30.000]  Well, glad to hear it.
[01:39:30.000 --> 01:39:32.000]  I hope I've been of some sort of help.
[01:39:32.000 --> 01:39:44.000]  Well, I appreciate your answers, and if it would be all right, I'd like to contact any other listeners that might be in Missouri who'd be interested in sharing information.
[01:39:44.000 --> 01:39:48.000]  If you want to give out an email address or something, go right ahead.
[01:39:48.000 --> 01:39:54.000]  I'd rather not do it over the air if it'd be possible to.
[01:39:54.000 --> 01:39:58.000]  Well, that's going to make it kind of hard for me to put you in touch with other people in Missouri, don't you think?
[01:39:58.000 --> 01:40:01.000]  Yeah.
[01:40:01.000 --> 01:40:04.000]  Because I don't know people in Missouri either unless they call into the show.
[01:40:04.000 --> 01:40:06.000]  It ain't like I keep a permanent record of that.
[01:40:06.000 --> 01:40:08.000]  Okay.
[01:40:08.000 --> 01:40:13.000]  Well, I'll just give them a telephone number then.
[01:40:13.000 --> 01:40:14.000]  All right.
[01:40:14.000 --> 01:40:19.000]  686-0134.
[01:40:19.000 --> 01:40:21.000]  You got an area code that you need to know about?
[01:40:21.000 --> 01:40:23.000]  No, 417.
[01:40:23.000 --> 01:40:24.000]  Okay.
[01:40:24.000 --> 01:40:26.000]  Well, thanks for calling in, Mike.
[01:40:26.000 --> 01:40:27.000]  Thank you, sir.
[01:40:27.000 --> 01:40:28.000]  You're welcome. Bye-bye.
[01:40:28.000 --> 01:40:29.000]  Bye.
[01:40:29.000 --> 01:40:30.000]  All right.
[01:40:30.000 --> 01:40:32.000]  Now we're going to go to Russ in Texas.
[01:40:32.000 --> 01:40:34.000]  Russ, what can we do for you?
[01:40:34.000 --> 01:40:35.000]  Hey, Eddie.
[01:40:35.000 --> 01:40:39.000]  I had a quick question on your traffic stop practice script.
[01:40:39.000 --> 01:40:40.000]  Uh-huh.
[01:40:40.000 --> 01:40:46.000]  I was reading through it several times over the weekend, and I wasn't really clear on the ending part.
[01:40:46.000 --> 01:40:47.000]  On the what part?
[01:40:47.000 --> 01:40:49.000]  On the ending.
[01:40:49.000 --> 01:40:50.000]  Okay.
[01:40:50.000 --> 01:40:52.000]  You know, I realized during your script, you're standing.
[01:40:52.000 --> 01:40:54.000]  The part where it said the princess rode off in the sunset?
[01:40:54.000 --> 01:40:57.000]  Not quite.
[01:40:57.000 --> 01:40:58.000]  I don't think it's going to go that way.
[01:40:58.000 --> 01:40:59.000]  Oh, okay.
[01:40:59.000 --> 01:41:09.000]  You know, basically, you know, you're invoking your right, and you're standing on your right, and you haven't provided any ID, and you haven't answered any questions.
[01:41:09.000 --> 01:41:21.000]  And then towards the end, on page 7, the officer starts to bring up DUI and that kind of thing, and you say, you know, nip it in the bud and say, are you making up stuff?
[01:41:21.000 --> 01:41:23.000]  So I totally got that part.
[01:41:23.000 --> 01:41:26.000]  So what happens from that point forward?
[01:41:26.000 --> 01:41:27.000]  Where does it end?
[01:41:27.000 --> 01:41:31.000]  Because you haven't provided any information, and if it's...
[01:41:31.000 --> 01:41:34.000]  Well, that, again, depends entirely on the officer.
[01:41:34.000 --> 01:41:40.000]  You can give him your name, address, and date of birth, and he can do everything based upon that if that's what you wish to do.
[01:41:40.000 --> 01:41:45.000]  But you should not ever produce a physical form of anything to him.
[01:41:45.000 --> 01:41:46.000]  Okay.
[01:41:46.000 --> 01:41:59.000]  So I wasn't really sure because what happens is, you know, because you have your own plate on your car, and he calls for backup, and now you have two officers on both sides of your car, and they're demanding that you get out, and they're being threatening.
[01:41:59.000 --> 01:42:04.000]  Are you still advising, stay in your automobile?
[01:42:04.000 --> 01:42:13.000]  You have a bunch of guys with guns, clubs, dogs, and large metal objects threatening you, and you want to get out?
[01:42:13.000 --> 01:42:16.000]  No, I'm just asking you, I've never been in that situation.
[01:42:16.000 --> 01:42:21.000]  So I'm asking you from your experience and from your students, is it best...
[01:42:21.000 --> 01:42:29.000]  I have yet to have anyone, I think only one person has said that they actually broke into the car to get them out.
[01:42:29.000 --> 01:42:34.000]  Everyone else, they've gotten so frustrated that they've given up and let them go.
[01:42:34.000 --> 01:42:41.000]  Or the person did not lock their doors, and they were able to yank the doors open and get them out.
[01:42:41.000 --> 01:42:56.000]  Okay. So what if towards the end they start to get frustrated and de-escalate and say, okay, look, just go ahead and give me your name, your birthday, and I'll write you a ticket, and you can be on your way?
[01:42:56.000 --> 01:42:57.000]  Well, that's what I'm saying.
[01:42:57.000 --> 01:43:02.000]  You want to give them that verbally, do so, but you don't have to give them any form of physical ID in Texas.
[01:43:02.000 --> 01:43:03.000]  Okay.
[01:43:03.000 --> 01:43:09.000]  In your experience, is it best not to give them verbally your name either, and then he can't even give you a ticket?
[01:43:09.000 --> 01:43:16.000]  He can give you a ticket, but if you're not going to accept the ticket, see, this is the deal about Texas versus what I was saying for Florida.
[01:43:16.000 --> 01:43:25.000]  Texas tries to require you to produce physical driver's license when they demand it, even if you're not driving.
[01:43:25.000 --> 01:43:27.000]  And sorry, that's not going to fly.
[01:43:27.000 --> 01:43:29.000]  I'm not operating a motor vehicle.
[01:43:29.000 --> 01:43:30.000]  I'm traveling in my car.
[01:43:30.000 --> 01:43:32.000]  Big difference.
[01:43:32.000 --> 01:43:33.000]  Okay.
[01:43:33.000 --> 01:43:42.000]  But if you don't, then they're authorized by 543 of the transportation code to arrest you and take you before a magistrate.
[01:43:42.000 --> 01:43:43.000]  But they don't do that.
[01:43:43.000 --> 01:43:47.000]  They take you directly to a jail cell, which is unlawful on its face.
[01:43:47.000 --> 01:43:50.000]  But hang on just a second, Russ, and we'll cover that on the other side.
[01:43:50.000 --> 01:43:52.000]  All right, folks, this is Rule of Law Radio.
[01:43:52.000 --> 01:43:54.000]  We got, oh, I don't know, one segment left.
[01:43:54.000 --> 01:43:56.000]  So y'all hang on, guys, on the board.
[01:43:56.000 --> 01:44:00.000]  We will be right back.
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[01:46:19.000 --> 01:46:23.000]  Hi, folks. We are back. This is Rule of Law Radio.
[01:46:23.000 --> 01:46:26.000]  All right. We're going to finish up with Russ in Texas.
[01:46:26.000 --> 01:46:28.000]  All right, Russ.
[01:46:28.000 --> 01:46:41.000]  All right. So say, for example, it's been 30 minutes and you have multiple officers there and you are not giving them your identification and you're standing on and evoking your rights.
[01:46:41.000 --> 01:46:50.000]  And how does it normally end in real life? Do they say, look, we'll give you a ticket, just give me your name?
[01:46:50.000 --> 01:46:57.000]  They will try to start compromising with you as long as you haven't given them the ability to escalate.
[01:46:57.000 --> 01:46:59.000]  That's all there is to it.
[01:46:59.000 --> 01:47:04.000]  Normally they'll just say, look, just give me your name, address, and date of birth, so I can look you up on the computer and I'll just write you a ticket.
[01:47:04.000 --> 01:47:11.000]  Now, they're going to write you more tickets than you would have if you had cooperated, but you didn't waive any of your rights to cooperate.
[01:47:11.000 --> 01:47:15.000]  And that's going to become very important later.
[01:47:15.000 --> 01:47:19.000]  So in your experience, is that what you do personally?
[01:47:19.000 --> 01:47:24.000]  Well, absolutely. I can't fight them in court on a transportation defense unless that is what I do.
[01:47:24.000 --> 01:47:28.000]  Okay. So you go ahead and take the five tickets or whatever they give you?
[01:47:28.000 --> 01:47:29.000]  Exactly.
[01:47:29.000 --> 01:47:35.000]  Okay. But all you're doing is verbally giving them your name, birthday, and address.
[01:47:35.000 --> 01:47:36.000]  Correct.
[01:47:36.000 --> 01:47:44.000]  Okay. It wasn't on your script and I just wasn't sure, you know, how to end it. And, you know, I sure didn't want to get shot.
[01:47:44.000 --> 01:47:54.000]  Yeah. There is something in there talking about you're not required to produce a physical form of ID, but you are and can provide them with three pieces of information.
[01:47:54.000 --> 01:47:56.000]  Okay.
[01:47:56.000 --> 01:48:00.000]  And that three pieces of information is your name, address, and date of birth.
[01:48:00.000 --> 01:48:11.000]  Okay. And before I go, I wanted to comment on one of the previous callers about, you know, he had a bill from his HOA for 200 and they raised it to $400.
[01:48:11.000 --> 01:48:22.000]  It's like a credit card bill or any other bill. Your original contract was 200. If they raise it, you have a right to get out if it's not in your homeowners, you know, on your mortgage contract.
[01:48:22.000 --> 01:48:26.000]  If it's a separate private contract, you can-
[01:48:26.000 --> 01:48:34.000]  Well, I don't think he's talking about them raising it. I think they have extended the contract for another term without his knowledge and consent.
[01:48:34.000 --> 01:48:37.000]  I thought I heard him say $400 now. So he sounds-
[01:48:37.000 --> 01:48:42.000]  No. He said they reinstated it for another 200 is what he said.
[01:48:42.000 --> 01:48:50.000]  Okay. Okay. But if they ever raise your fees, you probably have a right to get out of it or say, look, here's a check for the original amount.
[01:48:50.000 --> 01:48:56.000]  If you're changing the amount, you know, I'll get out of it. You know, kind of like a credit card contract would be-
[01:48:56.000 --> 01:48:57.000]  Yeah.
[01:48:57.000 --> 01:48:59.000]  Would be my opinion. Okay. Thanks, Eddie.
[01:48:59.000 --> 01:49:00.000]  Thank you.
[01:49:00.000 --> 01:49:01.000]  Bye.
[01:49:01.000 --> 01:49:02.000]  Bye-bye.
[01:49:02.000 --> 01:49:09.000]  All right. Now we're going to go to Victor in California. Victor, what can we do for you?
[01:49:09.000 --> 01:49:10.000]  Hey. How's it going, Eddie?
[01:49:10.000 --> 01:49:12.000]  So far, so grand.
[01:49:12.000 --> 01:49:25.000]  Great. Good. Good. Just have a quick question. I have a parking citation here in California, and I wanted to know if you knew the difference between a notice and a complaint.
[01:49:25.000 --> 01:49:41.000]  Well, yeah, they're not the same thing. A notice is telling you that something is going to occur at a particular place, date, and time and requires your presence, or it's giving you some piece of vital information relating to some sort of judicial action.
[01:49:41.000 --> 01:49:50.000]  Whereas a complaint is something that actually accuses you or states a claim against you or for you, depending upon who filed it.
[01:49:50.000 --> 01:49:59.000]  Okay. So that notice of a legal parking citation, that would be a complaint, right?
[01:49:59.000 --> 01:50:10.000]  Again, not necessarily. What constitutes a valid complaint under the statutes in California?
[01:50:10.000 --> 01:50:26.000]  Well, see, that's what I'm having a hard time because, you know, I'm doing some pre-trial filings, and under the vehicle code, they defined what a notice to appear is, but no one does define what a complaint is.
[01:50:26.000 --> 01:50:47.000]  Well, but the vehicle, okay, first off, you're talking about an infraction versus an offense, most likely. Okay. Right. If this is an infraction and it's under your motor vehicle code, don't you think you'd be a whole lot better off by getting the section that says all vehicle code applications are commercial?
[01:50:47.000 --> 01:51:00.000]  And you're not? Correct. Okay. So that would be something you'd be a little bit better off getting your hands on, isn't it, is a statute that says this applies to commercial vehicles used for business?
[01:51:00.000 --> 01:51:10.000]  Correct. Yeah. Okay. Yeah. So try searching for that instead. Stop arguing merits and find out whether or not they even have standing.
[01:51:10.000 --> 01:51:27.000]  Okay. And because, and also the penal code does specifically say that all misdemeanor laws apply to infractions. So what I was trying to do is find out how that ticket is not a charging instrument, you know, because it's not-
[01:51:27.000 --> 01:51:41.000]  You don't care. The offense it's alleging against you only applies to commercial drivers and vehicles. You don't care unless you are one of those things.
[01:51:41.000 --> 01:51:56.000]  That's the whole point. You go in and start arguing the merits of anything, then you are arguing that I am somebody to which it applies and you don't want to do that.
[01:51:56.000 --> 01:52:05.000]  Correct. Okay. So then instead of focusing on so much the proper notice, I should just more or less focus on-
[01:52:05.000 --> 01:52:15.000]  No, you can raise notice as an issue, but they first have to have standing before they can even give notice. And the argument here is, look, I'm not commercial.
[01:52:15.000 --> 01:52:29.000]  Right here it says all of these offenses apply to motor vehicles engaged in business enterprises. That's not me. Where's your evidence that that is me? If you don't have any, dismiss the case.
[01:52:29.000 --> 01:52:31.000]  Okay.
[01:52:31.000 --> 01:52:32.000]  All right.
[01:52:32.000 --> 01:52:34.000]  Okay. Yeah, that's perfect, Eddie. Thank you very much.
[01:52:34.000 --> 01:52:36.000]  You're very welcome.
[01:52:36.000 --> 01:52:37.000]  All right. Have a good one.
[01:52:37.000 --> 01:52:43.000]  You too. Bye-bye. All right. Now we're going to go to Terrence in Tennessee. Terrence, what can we do for you?
[01:52:43.000 --> 01:52:47.000]  Hey, good evening, Eddie. I got a comment and a question for you.
[01:52:47.000 --> 01:52:48.000]  Okay.
[01:52:48.000 --> 01:53:00.000]  My comment is for Joe. In Michigan, in Wayne County, Detroit, in Wayne County, the friend of the court is in the same building that they have a friend of the court hearing.
[01:53:00.000 --> 01:53:11.000]  In Oakland County, the friend of the court is in a separate building about two miles away from the circuit court. And that's where they have their friend of the court hearings.
[01:53:11.000 --> 01:53:12.000]  Okay.
[01:53:12.000 --> 01:53:16.000]  And they call the friend of the court to ask specific questions.
[01:53:16.000 --> 01:53:30.000]  Also, at MyPrivateAudio.com, Carl Miller is in Michigan, and he's a mirror image of you, or you're a mirror image of him, Eddie.
[01:53:30.000 --> 01:53:36.000]  Well, I know who he is. I've never talked to him directly or anything, and I didn't know about him until after I began all this.
[01:53:36.000 --> 01:53:54.000]  Well, I think you very much enjoy a conversation with him. But for Joe, if he goes to MyPrivateAudio.com, search out Carl Miller, and to the contacts, Angelo will put you in contact with Carl Miller, who knows specific for Michigan, if that helps him at all.
[01:53:54.000 --> 01:53:55.000]  Okay.
[01:53:55.000 --> 01:54:05.000]  And I hope he does. Carl Miller, just like you, Eddie, on spot, on target, on the Constitution, and on travel. Carl travels like you travel, Eddie.
[01:54:05.000 --> 01:54:08.000]  I appreciate that.
[01:54:08.000 --> 01:54:24.000]  And for you, I wanted to ask, instead of a motion to dismiss, which would put you into the prosecution's side of the claim.
[01:54:24.000 --> 01:54:27.000]  No, it wouldn't. How do you come to that?
[01:54:27.000 --> 01:54:43.000]  Well, because you're arguing his to, because my question is, why not instead file your own claim against his claim? That way you have your claim, and he has his claim, and you're both in front of the judge.
[01:54:43.000 --> 01:54:53.000]  And what is the implication of that? Is the insinuation that the two claims cancel each other out?
[01:54:53.000 --> 01:55:05.000]  Or that within your claim against the prosecution, you would claim his violations of your rights or his trespass or his?
[01:55:05.000 --> 01:55:12.000]  Which they will rule is a separate issue from the one before the court that he's making.
[01:55:12.000 --> 01:55:13.000]  Okay.
[01:55:13.000 --> 01:55:20.000]  That argument is simple enough to make. That's a fire and water argument, and in law, they don't go together.
[01:55:20.000 --> 01:55:22.000]  Okay.
[01:55:22.000 --> 01:55:27.000]  You may have a claim, but it's got nothing to do with the one they're making against you.
[01:55:27.000 --> 01:55:41.000]  You first have to nullify their claim through some mechanism in order to give force and effect to yours and give it bigger teeth, because then you can prove that their claim was never real to begin with.
[01:55:41.000 --> 01:55:49.000]  By doing the motion to dismiss, you're not joining the prosecution suit against you, you're contesting it.
[01:55:49.000 --> 01:55:56.000]  You're directly asserting, I'm not playing your game because you don't have any authority to compel me to do so.
[01:55:56.000 --> 01:56:01.000]  That's what the dismissal is.
[01:56:01.000 --> 01:56:04.000]  Okay. And then you'd follow up with your claim.
[01:56:04.000 --> 01:56:05.000]  That's correct.
[01:56:05.000 --> 01:56:20.000]  Now you can go after him with a claim of your own, malicious prosecution, official misconduct, any of those that would apply under your particular state's legislation or constitutional violations.
[01:56:20.000 --> 01:56:22.000]  Okay. One other question.
[01:56:22.000 --> 01:56:25.000]  Okay.
[01:56:25.000 --> 01:56:39.000]  Capacity versus standing, would the plaintiff have to have capacity before capacity to bring a suit, before they have standing to argue the claim?
[01:56:39.000 --> 01:56:41.000]  No.
[01:56:41.000 --> 01:57:00.000]  The better way to make that statement is the prosecution has standing if the opposing party operates within a capacity over which they have jurisdiction and commits an offense under something for which they have jurisdiction.
[01:57:00.000 --> 01:57:13.000]  Both sides have capacities they have to step into, but both sides must occupy a public capacity before they can interact.
[01:57:13.000 --> 01:57:20.000]  If the defendant is in a private capacity, he hasn't stepped into the capacity of public, they're correct.
[01:57:20.000 --> 01:57:23.000]  That's the argument exactly we use in transportation.
[01:57:23.000 --> 01:57:26.000]  The public capacity is a driver or operator.
[01:57:26.000 --> 01:57:28.000]  I wasn't driving or operating.
[01:57:28.000 --> 01:57:32.000]  I refuse to enter into that capacity just because you're accusing me of being there.
[01:57:32.000 --> 01:57:41.000]  You, in order to prove that you have standing, have to prove that I was actually operating in that capacity.
[01:57:41.000 --> 01:57:43.000]  You can't do that.
[01:57:43.000 --> 01:57:46.000]  You don't have a case.
[01:57:46.000 --> 01:57:47.000]  Thank you, Eddie. Thank you.
[01:57:47.000 --> 01:57:48.000]  You're very welcome.
[01:57:48.000 --> 01:57:49.000]  All right.
[01:57:49.000 --> 01:57:50.000]  Thanks for calling in, Terrence.
[01:57:50.000 --> 01:57:52.000]  We are out of time.
[01:57:52.000 --> 01:57:54.000]  All right, Rob, Brian, I'm sorry, guys.
[01:57:54.000 --> 01:57:58.000]  I didn't have enough time left in the show to get to you.
[01:57:58.000 --> 01:58:03.000]  So please be sure and call back in either next Monday if it can wait or Thursday and Friday if it can't.
[01:58:03.000 --> 01:58:07.000]  Or feel free to shoot me an email, eddie at ruleoflawradio.com.
[01:58:07.000 --> 01:58:11.000]  I cannot at the moment guarantee you how quickly I can get back to you.
[01:58:11.000 --> 01:58:18.000]  I am flat out under the gun on several different lawsuits for clients I'm working with that I've got to get finished.
[01:58:18.000 --> 01:58:20.000]  So, y'all, please, thanks so much for listening in.
[01:58:20.000 --> 01:58:23.000]  Thank you so much for calling in.
[01:58:23.000 --> 01:58:31.000]  And we really appreciate your support here on the show and of us personally by listening and letting us know that you appreciate what we do.
[01:58:31.000 --> 01:58:35.000]  So, folks, I hope everybody has a great and blessed week.
[01:58:35.000 --> 01:58:37.000]  Please keep us in your prayers.
[01:58:37.000 --> 01:58:50.000]  Good night and God bless.
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