[00:00.000 --> 00:07.480] This is the Liberty Beat, your daily source for Liberty news and activist uptakes, online [00:07.480 --> 00:08.480] at LibertyBeat.com. [00:08.480 --> 00:14.140] I'm Brian Hagan with your Liberty Beat for Monday, June 16th, 2014. [00:14.140 --> 00:21.960] Gold opened today at $1,282, silver opened at $19.72, and Bitcoin is trading at $604. [00:21.960 --> 00:26.340] Support for the Liberty Beat comes from Bitmain Technology, creators of the Antminer S1 180 [00:26.340 --> 00:31.200] gigahash bitcoin miner, no pre-order, ships on time, and sometimes it's early. [00:31.200 --> 00:38.780] Buy yours today at BitmainTech.com or give them a call, 844-BITMAIN, that's 844-248-6246. [00:38.780 --> 00:42.900] Support also comes from Affordable Sound, CD and DVD duplication along with posters [00:42.900 --> 00:44.400] and promotions materials. [00:44.400 --> 00:49.320] Mention promo code LIBERTY and when you order 10 or more posters, you get 10 free. [00:49.320 --> 00:54.720] Online at AffordableSound.com or call them up at 512-459-5253. [00:54.720 --> 00:59.160] And the news, four weeks of nationwide travel while spending only bitcoin. [00:59.160 --> 01:02.680] That's the goal of the stars of the Sovereign Living Reality Show as they set out to travel [01:02.680 --> 01:07.000] 4,400 miles while developing creative ways to avoid using the dollar. [01:07.000 --> 01:10.680] The Blush family, comprised of John Bush, Catherine Bleich and their two children, will [01:10.680 --> 01:14.120] make their cross country trip aboard their minivan, hosting five screenings of their [01:14.120 --> 01:16.280] reality show at stops across the way. [01:16.280 --> 01:20.480] Catherine says she's pleased to see that bitcoin friendly options have expanded over the course [01:20.480 --> 01:21.480] of a year. [01:21.480 --> 01:25.880] We were curious if we could actually do it and we knew many resources were available [01:25.880 --> 01:31.160] now as opposed to last year when we traveled to PorkFest so I started doing some research. [01:31.160 --> 01:37.200] I discovered that we could buy food, we could buy gasoline and we could buy hotel rooms [01:37.200 --> 01:38.200] with bitcoin. [01:38.200 --> 01:40.720] So we decided to just jump in and give it a shot. [01:40.720 --> 01:44.720] The Blush family will document their travels through articles and daily live blogs. [01:44.720 --> 01:49.920] We are going to be live blogging the journey through Bitcoin Magazine and we have purchased [01:49.920 --> 01:55.440] the URL Uncoinventional.com and that will be pointed directly at the live blog so you [01:55.440 --> 01:56.440] can follow us there. [01:56.440 --> 02:00.440] The bitcoin only trip begins the week of June 15th in Central Texas, winds its way into [02:00.440 --> 02:04.680] Lancaster New Hampshire the following week for the annual Porcupine Freedom Festival [02:04.680 --> 02:09.360] and will come to an end in Kansas City over the July 4th weekend. [02:09.360 --> 02:13.160] Hayes County, Texas Deputy shot and killed a dog after responding to an altercation between [02:13.160 --> 02:16.440] a property owner and a tenant in Dripping Springs late Saturday night. [02:16.440 --> 02:18.160] That's word from KXAN News. [02:18.160 --> 02:21.760] In a press release police say the dog acted aggressively and snarled at officers. [02:21.760 --> 02:24.880] Deputies say they ran into the front yard to escape the animal but the dog advanced [02:24.880 --> 02:26.280] prompting officers to shoot. [02:26.280 --> 02:28.000] Neither of the deputies had any injuries. [02:28.000 --> 02:30.280] Sources say the dog was a pit bull. [02:30.280 --> 02:33.320] Support for the Liberty Week comes from Voice and Exit, maximizing human flourishing through [02:33.320 --> 02:34.600] radical innovation. [02:34.600 --> 02:35.600] Tickets on sale now. [02:35.600 --> 02:37.600] Get 10% off with promo code FREEDOM. [02:37.600 --> 02:39.480] June 21st at Austin Music Hall. [02:39.480 --> 02:41.920] Get yours at VoiceAndExit.com. [02:41.920 --> 02:45.600] And support comes from Accountable Authority, now offering a public database of police abuse [02:45.600 --> 02:46.880] and misconduct. [02:46.880 --> 02:50.640] Take action, join for free, to gain community support and protection. [02:50.640 --> 02:53.160] Online at AccountableAuthority.com. [02:53.160 --> 02:57.280] This is the Liberty Week for Monday, June 16th, 2014. [02:57.280 --> 03:20.640] Check out the website at TheLibertyBeat.com. [03:20.640 --> 03:42.000] The Liberty Week for Monday, June 16th, 2014. [03:50.640 --> 04:19.000] The Liberty Week for Monday, June 16th, 2014. [04:19.000 --> 04:30.400] Alright folks, good evening. [04:30.400 --> 04:35.360] This is the Monday night rule of law radio traffic show and this is your host, Eddie [04:35.360 --> 04:36.360] Craig. [04:36.360 --> 04:41.680] I want to wish you all a good Monday night and I want to go over some things tonight [04:41.680 --> 04:45.200] that we worked on in class yesterday. [04:45.200 --> 04:51.440] But first I'd like to ask a general question, what in the hell is wrong with people these [04:51.440 --> 04:53.080] days? [04:53.080 --> 04:59.200] People have gotten to the point where they are just such petty individuals. [04:59.200 --> 05:03.120] Now let me explain why I'm asking this question. [05:03.120 --> 05:08.920] Here a couple months ago they repaved the street where we live and everybody had to [05:08.920 --> 05:12.480] move their cars off the street while this was going on. [05:12.480 --> 05:18.880] Well I moved mine up to one of the cross streets up the block here a bit from where I am and [05:18.880 --> 05:23.320] after I parked it, the battery on it died and I couldn't get it started again. [05:23.320 --> 05:27.920] And of course since my money income here is limited a great deal by only what I make on [05:27.920 --> 05:31.840] the weekends, which hasn't been a whole lot lately, I haven't been able to replace the [05:31.840 --> 05:33.960] battery yet. [05:33.960 --> 05:38.880] But someone has taken it upon themselves, even though my car is parked on a public street, [05:38.880 --> 05:43.280] it's not in anybody's driveway, it's not blocking anybody's driveway. [05:43.280 --> 05:47.640] Someone has taken it upon themselves to commit vandalism against my car and walk up and down [05:47.640 --> 05:52.600] the side and the rear and kick in the side panels and the door panels and the trunk panel [05:52.600 --> 06:00.400] and just generally show their behind as being a criminal individual in every respect. [06:00.400 --> 06:04.960] Because they're not defending anything, they're not taking up for anybody, they're not protecting [06:04.960 --> 06:05.960] anything. [06:05.960 --> 06:11.080] They're just being petty and spiteful for whatever reason they may have by attacking [06:11.080 --> 06:16.560] someone else's property because they feel it's impugning them in some way even though [06:16.560 --> 06:18.220] it isn't. [06:18.220 --> 06:26.960] So the problem I'm having with this, not so much as the car itself is concerned, but why [06:26.960 --> 06:37.040] people now in these days and times are getting more like this at every turn? [06:37.040 --> 06:43.520] I mean, there is no more brotherly love, there is no more love thy neighbor, there is no [06:43.520 --> 06:47.920] more care for others as you would care for yourself because you're too busy being petty [06:47.920 --> 06:53.820] and selfish against those friends and neighbors and brothers that you have been requested [06:53.820 --> 06:58.440] to treat kindly or at least treat as you would have yourself be treated under the golden [06:58.440 --> 07:00.180] rule. [07:00.180 --> 07:03.240] So what's going on? [07:03.240 --> 07:10.200] Now for those of you that follow a proper Christian faith and you act like Christians, [07:10.200 --> 07:15.240] which I will also be the first one to agree, we don't have many of those today either. [07:15.240 --> 07:21.000] Just like honest politician being called a Christian is an anachronism these days because [07:21.000 --> 07:27.560] very few people that try to wear the title actually live up to it. [07:27.560 --> 07:32.360] They're too busy judging other people, they're too busy condemning other people and so on [07:32.360 --> 07:33.360] and so forth. [07:33.360 --> 07:39.280] And I don't, other than the money changers and the lawyers, I don't really recall that [07:39.280 --> 07:44.380] being done as an example. [07:44.380 --> 07:50.800] So why are we so quick to do that these days and to react that way to other people and [07:50.800 --> 07:51.960] to treat them that way? [07:51.960 --> 07:55.760] That's just the question I would like everybody to mull over on their own if they wish to [07:55.760 --> 07:56.920] do so. [07:56.920 --> 08:02.640] But let's just say that to me it's one of those things people should not be surprised [08:02.640 --> 08:06.720] when they reap what they sow. [08:06.720 --> 08:12.560] For instance, this individual should not be surprised that if I actually catch them in [08:12.560 --> 08:18.520] the act that they will reap what they sow. [08:18.520 --> 08:21.120] Don't be that as it may. [08:21.120 --> 08:22.360] Why? [08:22.360 --> 08:25.500] Why are people getting like this? [08:25.500 --> 08:32.620] Have they lost so much faith in whatever they believe in, in being able to control their [08:32.620 --> 08:37.320] own fate that they have to try to exert control over others? [08:37.320 --> 08:38.680] Is that the problem? [08:38.680 --> 08:44.400] I can't control myself, so I'm going to control somebody else. [08:44.400 --> 08:48.740] How is that meme that's out there right now? [08:48.740 --> 08:51.960] Government exists because people can't govern themselves. [08:51.960 --> 08:57.520] So now we've created a group of people that can't govern themselves to govern 330 million [08:57.520 --> 08:59.440] other people. [08:59.440 --> 09:03.880] That makes complete and total sense. [09:03.880 --> 09:07.280] And it also came to my attention in class this weekend, there was another interesting [09:07.280 --> 09:12.160] thing that was going on along with this exercise that we did. [09:12.160 --> 09:19.400] It seems like some reason or other, my name, if the truth was being told anyway, that my [09:19.400 --> 09:24.040] name is now more or less familiar among the Austin Police Department. [09:24.040 --> 09:27.880] And this one gentleman was having an interaction with a couple of officers and one of the officers [09:27.880 --> 09:32.080] referred to me as, yeah, he's just crazy. [09:32.080 --> 09:39.200] Well, I would like at this moment to make an offer to that officer and anyone like him, [09:39.200 --> 09:40.720] an attorney, a judge. [09:40.720 --> 09:41.720] I don't care. [09:41.720 --> 09:44.640] Any of you, all of you. [09:44.640 --> 09:50.760] You bring your facts, I'll bring my facts. [09:50.760 --> 09:56.920] Let's meet somewhere where everybody can have a polite discussion and debate on the issue. [09:56.920 --> 10:01.280] And if you win, I'll shut up. [10:01.280 --> 10:03.620] But here are the rules. [10:03.620 --> 10:07.400] You can't win by going, that's your opinion. [10:07.400 --> 10:10.880] You can't win by going, oh, that's just crazy. [10:10.880 --> 10:17.120] You can't win by saying, well, I don't believe that, especially when it's printed in black [10:17.120 --> 10:21.940] and white right in front of you, whether you believe it or not. [10:21.940 --> 10:28.160] And you can't win when you have one argument that contradicts 15 arguments of the opposite [10:28.160 --> 10:34.920] suggestion as to the proper outcome. [10:34.920 --> 10:38.820] And that is what led to this exercise that I'm going to talk about that we did in class [10:38.820 --> 10:40.200] yesterday. [10:40.200 --> 10:44.640] And what I would like for people to understand about what I'm trying to do, I have come to [10:44.640 --> 10:47.880] understand one thing. [10:47.880 --> 10:51.440] When you have to interact with these public servants and you have to go to court and you [10:51.440 --> 10:59.920] have to do all these other things, it does not matter how much of the legal rigamarole [10:59.920 --> 11:10.680] you know and understand when you still have absolutely no clue about what rights are yours [11:10.680 --> 11:15.560] versus what powers and authority is theirs. [11:15.560 --> 11:22.240] When you do not understand that distinction and where its limits are and where they are [11:22.240 --> 11:27.680] not, then the rest of this does not matter at all. [11:27.680 --> 11:32.200] Now, that's something else that's food for thought, folks. [11:32.200 --> 11:38.000] When you do not understand your rights, then you cannot interpret their rules and regulations [11:38.000 --> 11:41.400] in a way that allows them to respect your rights. [11:41.400 --> 11:45.480] And neither can you force them to do so. [11:45.480 --> 11:52.600] When you believe they have the power to make you waive or forgo one of your rights for [11:52.600 --> 11:59.340] any reason, then you've already lost. [11:59.340 --> 12:06.000] So that's the other thing that you cannot do to win, judges, lawyers, and officers. [12:06.000 --> 12:10.600] Because I said so, or that's just the way it is, or that's the way it's always been [12:10.600 --> 12:20.680] done, is a specious argument that is not based upon fact, it's based upon force. [12:20.680 --> 12:27.440] And I'll go to hell in a handbasket before I will give in to your force to make me see [12:27.440 --> 12:33.840] your point of view, period. [12:33.840 --> 12:37.780] I know what my rights are, and I don't care how you argue it. [12:37.780 --> 12:41.160] I don't care how many court opinions you throw in front of me. [12:41.160 --> 12:49.680] No judge has the power to create an opinion that deprives me of one of my rights. [12:49.680 --> 12:53.280] Because if he can do that, it is not a right. [12:53.280 --> 12:58.960] It is a judicial sanctioned privilege. [12:58.960 --> 13:04.020] And I don't see that anywhere. [13:04.020 --> 13:05.920] It's a right. [13:05.920 --> 13:13.080] And no judge, no lawyer, no officer has the power and authority to tell me it isn't. [13:13.080 --> 13:19.160] And to tell me that their authority supersedes my right in a way that allows them to violate [13:19.160 --> 13:25.300] that right or any other that is rightfully mine. [13:25.300 --> 13:33.120] And right now, we have too many people that don't understand that, and too many people [13:33.120 --> 13:36.400] that don't want to. [13:36.400 --> 13:42.800] I mean, for instance, if I caught the individual actually doing what they were doing to my [13:42.800 --> 13:50.800] car, I have the right to defend my property from destruction or abuse by some third party. [13:50.800 --> 13:52.760] I don't need to call a cop to do it. [13:52.760 --> 13:54.240] I have the right to do it. [13:54.240 --> 13:56.520] It's my property being damaged. [13:56.520 --> 13:59.280] The cop isn't there, I am. [13:59.280 --> 14:05.800] So let's take one of the lawyer's arguments and say, mitigate damages. [14:05.800 --> 14:11.520] I can stand there and wait for the cops while this person continues to batter my property [14:11.520 --> 14:20.080] and damage it further, or I can mitigate the damages by mitigating them by whatever means [14:20.080 --> 14:24.480] is necessary to stop them. [14:24.480 --> 14:32.180] As long as it's not unjustifiable and excessive to the point that, you know, it becomes abusive. [14:32.180 --> 14:35.240] But I am allowed to stop them from damaging my property. [14:35.240 --> 14:37.800] It doesn't matter where it is. [14:37.800 --> 14:41.780] I'm allowed to do it. [14:41.780 --> 14:47.720] So with that understanding, I don't have a problem with going after somebody that's pulling [14:47.720 --> 14:48.720] that crap. [14:48.720 --> 14:50.880] None at all. [14:50.880 --> 14:55.040] And I don't have a problem with a cop that thinks he can arrest me for it either, because [14:55.040 --> 14:59.360] he and I will have our discussion about it on the stand later on, because I understand [14:59.360 --> 15:00.920] what my rights are. [15:00.920 --> 15:08.240] But folks, there's something you have to understand about any of the knowledge that I give you, [15:08.240 --> 15:19.120] and that is that until you actually use it or try to use it, it's not going to do you [15:19.120 --> 15:28.000] any good, because, I mean, what good is knowledge that you don't put into use? [15:28.000 --> 15:30.440] What good is any of it for that? [15:30.440 --> 15:36.400] I don't know what good it would do for you to know something and never act on it. [15:36.400 --> 15:42.280] Now I don't know everything that's going on right now as far as the, we have a new caller [15:42.280 --> 15:46.680] page up, and it's not displaying a clock to me no matter how much I refresh it, so I'm [15:46.680 --> 15:51.040] not really sure how long I have at any particular time here. [15:51.040 --> 15:55.040] Hopefully that will get fixed as it's done. [15:55.040 --> 16:02.200] In any case, I'll go until I hear either the music or the beep, but when I get done with [16:02.200 --> 16:09.080] explaining the exercise that we did and why I did it in class, then I'll start taking [16:09.080 --> 16:10.080] the call. [16:10.080 --> 16:12.400] So Andrew, if you want to call back in, you can do that. [16:12.400 --> 16:15.600] If you want to sit there and hang on, you can do that too. [16:15.600 --> 16:21.680] It's entirely up to you, but it's going to be a break or two before I get to taking calls, [16:21.680 --> 16:24.520] so just so you know that. [16:24.520 --> 16:31.200] Now what we were doing in class today was very, very simple, or I'm sorry, yesterday. [16:31.200 --> 16:34.800] Ah, there's the music, all right, so I've got 30 seconds left. [16:34.800 --> 16:38.000] All right, folks, this is Rule of Law Radio. [16:38.000 --> 16:39.280] This is your host, Eddie Craig. [16:39.280 --> 16:44.520] We're going to be discussing the exercise that we did in my due process seminar or my [16:44.520 --> 16:50.840] due process class yesterday, and folks, we really need more people down there participating [16:50.840 --> 16:55.160] because this is only going to get changed when we're doing this in numbers, not in [16:55.160 --> 16:56.160] little drops. [16:56.160 --> 16:57.760] All right, folks, we'll be right back. [16:57.760 --> 17:00.760] Let's see y'all hang on. 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[18:20.720 --> 18:24.920] What to do when contacted by phones, mail, or court summons? [18:24.920 --> 18:26.920] How to answer letters and phone calls? [18:26.920 --> 18:29.560] How to get debt collectors out of your credit report? [18:29.560 --> 18:34.200] How to turn the financial tables on them and make them pay you to go away? [18:34.200 --> 18:39.320] The Michael Mears proven method is the solution for how to stop debt collectors. [18:39.320 --> 18:41.440] Personal consultation is available as well. [18:41.440 --> 18:47.080] For more information, please visit ruleoflawradio.com and click on the blue Michael Mears banner, [18:47.080 --> 18:49.280] or email michaelmears at yahoo.com. [18:49.280 --> 18:58.960] 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 [18:58.960 --> 18:59.960] collectors now. [18:59.960 --> 19:06.960] You are listening to the Logos Radio Network, logosradionetwork.com. [19:06.960 --> 19:33.880] All right, folks. [19:33.880 --> 19:34.880] We are back. [19:34.880 --> 19:37.480] This is Rule of Law Radio. [19:37.480 --> 19:38.480] Okay. [19:38.480 --> 19:44.240] Now, what I did in class yesterday is I came across a white paper that was put out by one [19:44.240 --> 19:50.480] of the city attorneys in the city of Plano, which, of course, is here in Texas. [19:50.480 --> 19:54.000] And it is called Constitutional Challenges in Municipal Court. [19:54.000 --> 19:58.920] And it's going through a list of constitutional challenges that people make in these municipal [19:58.920 --> 20:03.920] courts regarding ordinances and things of that nature, including due process violations [20:03.920 --> 20:05.640] under the Code of Criminal Procedure. [20:05.640 --> 20:12.280] Now, one of these city attorneys' favorite arguments is that you are not required to [20:12.280 --> 20:21.520] have a copy of the complaint, despite 45.018B, because of the language of 27.14D. [20:21.520 --> 20:27.120] However, there is a problem with that argument. [20:27.120 --> 20:36.040] Now, first off, 27.14D was enacted back in 1993, all right? [20:36.040 --> 20:44.280] And it was actually, as far as I can tell, it hasn't been amended since then. [20:44.280 --> 20:46.920] So it was originally enacted in 1993. [20:46.920 --> 20:55.820] Other parts of this Article 27.14 have been amended and so forth, but I didn't see anything [20:55.820 --> 21:00.120] in the bills that I looked at that said any of it was for subsection D. So this has been [21:00.120 --> 21:02.560] enacted since 1993. [21:02.560 --> 21:12.280] Now, by comparison, 45.018B of the Code of Criminal Procedure was enacted in 1999. [21:12.280 --> 21:16.840] Now the reason for that significance of dates is this. [21:16.840 --> 21:22.160] Under the rules of statutory construction, if there's a conflict between the statutes, [21:22.160 --> 21:27.040] the courts have to reconcile the statutes if possible. [21:27.040 --> 21:33.080] If they cannot reconcile them, or they will work together according to Chapter 311 of [21:33.080 --> 21:40.640] the Government Code, then the latest dated change supersedes the older. [21:40.640 --> 21:45.400] Now, what I'm about to read you, I'm going to read you a list of statutes. [21:45.400 --> 21:53.200] Each one of these statutes has an argument that you can make rebutting this city attorney's [21:53.200 --> 21:55.400] argument, which is basically this. [21:55.400 --> 21:59.580] And I'm going to read a paragraph from his paper here. [21:59.580 --> 22:02.640] In order to, I'm sorry, two paragraphs. [22:02.640 --> 22:06.320] During the course of preparing for trial, the most common constitutional challenge in [22:06.320 --> 22:09.480] municipal court is a due process challenge. [22:09.480 --> 22:13.600] Here the defendant may allege a violation of due process if they do not receive the [22:13.600 --> 22:18.440] formal complaint regarding their citation before their first court appearance. [22:18.440 --> 22:23.640] This requirement under the Code of Criminal Procedure Article 45.018B states a defendant [22:23.640 --> 22:30.840] is entitled to a note, to notice of a complaint, and he writes compliant, against the defendant [22:30.840 --> 22:35.400] not later than the day before the date of any proceeding in the prosecution of the defendant [22:35.400 --> 22:37.440] under the complaint. [22:37.440 --> 22:39.660] Well that's true. [22:39.660 --> 22:44.760] Now the next paragraph is this. [22:44.760 --> 22:51.240] In order to counter this challenge, an argument should be made that the original written notice, [22:51.240 --> 22:57.800] meaning the citation, which he's got in parentheses here, that is given to a defendant serves [22:57.800 --> 23:03.360] as the complaint unless the defendant pleads not guilty to the alleged offense in open [23:03.360 --> 23:04.360] court. [23:04.360 --> 23:10.080] And he cites that reference in Code of Criminal Procedure Article 27.14D. [23:10.080 --> 23:12.320] All right. [23:12.320 --> 23:19.760] Here are the list of Code of Criminal Procedure sections and Texas Constitution sections that [23:19.760 --> 23:25.800] I gave everyone to use to refute this assertion in this white paper. [23:25.800 --> 23:31.880] And I'm going to give them to you in the order of discussionary relevance when you make your [23:31.880 --> 23:33.020] argument. [23:33.020 --> 23:37.900] They are Article 45.018 of the Code of Criminal Procedure. [23:37.900 --> 23:41.920] They are Article 5, Section 12 of the Texas Constitution. [23:41.920 --> 23:46.440] They're Article 27.01 of the Code of Criminal Procedure. [23:46.440 --> 23:51.940] They're Article 45.019 of the Code of Criminal Procedure. [23:51.940 --> 24:00.000] They are Article 15.04 of the Code of Criminal Procedure and 15.05 of the Code of Criminal [24:00.000 --> 24:01.720] Procedure. [24:01.720 --> 24:09.180] Article 2.04 Code of Criminal Procedure, Article 2.05 Code of Criminal Procedure. [24:09.180 --> 24:17.680] Now in those statutes, you can actually rebut this argument in so many ways that this should [24:17.680 --> 24:24.400] never be raised again by an attorney that has a clue about what they're actually doing. [24:24.400 --> 24:30.780] So let me explain to you, just as a short exercise, the way that I evaluate this when [24:30.780 --> 24:32.480] we do it. [24:32.480 --> 24:38.600] Now the reason I began the discussion relative to rights is this. [24:38.600 --> 24:46.840] Part of your due process rights is the right to proper, sufficient, and timely notice. [24:46.840 --> 24:56.200] Proper means that you should be made to know not only what specific rule or law you allegedly [24:56.200 --> 25:02.240] broke, but you need to know that specifically for the purpose of reading it to determine [25:02.240 --> 25:07.440] what the elements are of the actual accusation. [25:07.440 --> 25:14.760] Not only that, they're required to tell you what the elements are for that accusation [25:14.760 --> 25:17.600] in order to give you proper notice. [25:17.600 --> 25:19.080] Okay? [25:19.080 --> 25:25.720] Now the notice has to be sufficient in that it has to do those things as far as give you [25:25.720 --> 25:30.100] each of the elements so that you know what you're defending against. [25:30.100 --> 25:36.840] Because in the world of the statutory scheme, when there are multiple elements to an accusation, [25:36.840 --> 25:41.120] they must prove 100% of the elements. [25:41.120 --> 25:44.040] They can't prove some of them. [25:44.040 --> 25:47.600] They must prove them all. [25:47.600 --> 25:54.600] Now as far as timely goes, you have to get this information in such a span of time as [25:54.600 --> 26:02.440] to allow you to properly study, research, and construct an argument to defend yourself [26:02.440 --> 26:05.720] against the charge and its elements. [26:05.720 --> 26:12.040] Otherwise, the prosecution has an unfair advantage, and let's examine how that is. [26:12.040 --> 26:15.520] First off, they have up to two years to file the complaint. [26:15.520 --> 26:22.000] That means they have two years to sit down and figure out everything about how they want [26:22.000 --> 26:28.120] to argue it, how they want to proceed, and so on and so forth, to gather their evidence [26:28.120 --> 26:30.160] to do everything. [26:30.160 --> 26:36.320] Now granted, that runs in conjunction with their statute of limitations to actually go [26:36.320 --> 26:38.800] to trial as well. [26:38.800 --> 26:46.960] But they have far longer to get you to that point than you do, okay? [26:46.960 --> 26:54.200] Because once the complaint is filed, you only have a certain amount of time in which to [26:54.200 --> 26:58.320] rebut anything that's in the complaint and the charging instrument. [26:58.320 --> 27:00.680] Now here's the thing. [27:00.680 --> 27:05.840] The complaint is not the charging instrument, okay? [27:05.840 --> 27:13.640] Even though 45.018A reads this way, and that is titled complaint, but A reads, for purposes [27:13.640 --> 27:18.840] of this chapter, a complaint is a sworn allegation charging the accused with the commission of [27:18.840 --> 27:22.400] an offense, and it uses the word charging. [27:22.400 --> 27:31.120] However, when you go down and read 15.04, which is also titled complaint, the affidavit [27:31.120 --> 27:37.440] made before the magistrate or district or county attorney is called a complaint if it [27:37.440 --> 27:41.040] charges the commission of an offense. [27:41.040 --> 27:49.280] Now what is the difference other than just some semantics of language between 45.018A [27:49.280 --> 27:50.280] and 15.04? [27:50.280 --> 27:54.160] 15.04 says it's an affidavit. [27:54.160 --> 27:55.160] Why? [27:55.160 --> 27:59.800] Well, because it has to be sworn to, and it has to have a witness. [27:59.800 --> 28:04.560] Well, so does the complaint under 45.018A. [28:04.560 --> 28:10.800] In fact, 45.019 gives you all the prerequisites, and it specifically says that it has to be [28:10.800 --> 28:16.120] sworn to, and it has to be sworn to in front of somebody that can administer owes. [28:16.120 --> 28:20.440] So as far as those two go, they're identical. [28:20.440 --> 28:23.480] Now here, for some reason, they use the word affidavit. [28:23.480 --> 28:27.400] Well, I have a problem with that as far as it being an affidavit. [28:27.400 --> 28:31.680] An affidavit is not an affidavit under the requirements of law unless it's sworn to under [28:31.680 --> 28:37.000] penalty of perjury, which everyone knows a criminal complaint is not. [28:37.000 --> 28:39.160] And the reason for that is very simple. [28:39.160 --> 28:45.720] A person can swear to a criminal complaint without having competent first-hand knowledge [28:45.720 --> 28:50.360] because the complaint is worded as such to allow exactly that. [28:50.360 --> 28:55.400] I have reason to believe and do believe. [28:55.400 --> 29:02.780] That is not the same as I have direct personal knowledge and hereby accuse. [29:02.780 --> 29:04.600] Not the same at all. [29:04.600 --> 29:13.400] But in both cases, both 45.018A and 15.04, that's exactly how the complaint must be worded. [29:13.400 --> 29:19.520] I have reason to believe and do believe, and neither of them are sworn to under penalty [29:19.520 --> 29:21.220] of perjury. [29:21.220 --> 29:25.720] So technically, neither of them are legally affidavits. [29:25.720 --> 29:30.880] There's no jurat and it's not sworn to under penalty of perjury despite the fact that there's [29:30.880 --> 29:33.520] a signatory and there's a verifier. [29:33.520 --> 29:34.520] Okay? [29:34.520 --> 29:38.560] Now, we're about to take another break, so I'll pick this up on the other side. [29:38.560 --> 29:40.200] Folks, y'all hang on. [29:40.200 --> 29:42.560] You folks up on the caller board, hang on as well. [29:42.560 --> 29:46.000] I've got a little bit more to go on this and then we'll begin taking calls. [29:46.000 --> 29:47.000] All right, folks. [29:47.000 --> 29:53.080] If you want to call in and get in line, call in numbers 512-646-1984. [29:53.080 --> 29:56.080] We will be right back. [29:56.080 --> 30:08.240] A carload of teenagers pulls up alongside you and tosses a milkshake, splat. [30:08.240 --> 30:09.240] What to do? [30:09.240 --> 30:14.840] I'm Dr. Catherine Albrecht and I'll tell you how one woman lost her cool in $2,000 by seeking [30:14.840 --> 30:44.280] revenge next. [30:45.840 --> 30:51.240] In Palo Alto, a woman was out for a walk when a Range Rover full of teenagers roared by. [30:51.240 --> 30:55.680] As they passed, one of the teens tossed a milkshake, which I'm sorry to say hit its [30:55.680 --> 30:56.680] intended target. [30:56.680 --> 30:58.160] How did the woman react? [30:58.160 --> 30:59.520] Well, not well. [30:59.520 --> 31:03.820] She lost her head and hurt her purse at the car, which was a bad idea. [31:03.820 --> 31:10.040] For one, it was an expensive alligator skin purse and two, it had $2,000 inside. [31:10.040 --> 31:14.920] The purse sailed through the car's open window and the teens drove off, minus one milkshake [31:14.920 --> 31:16.600] and two grand richer. [31:16.600 --> 31:21.400] The moral of the story, when milkshakes fly your way, it's always best to keep your cool. [31:21.400 --> 31:31.680] I'm Dr. Catherine Albrecht for StartPage.com, the world's most private search engine. [31:31.680 --> 31:32.680] What are you thinking? [31:32.680 --> 31:38.920] Micro plant powder with iodine and probiotics for a total body detox for around $10 a month. [31:38.920 --> 31:44.360] StumpUSA.org has 12 formulations of micro plant powder for absorbing and removing toxins [31:44.360 --> 31:49.200] from your kidneys, liver, blood, lungs, stomach and colon and feel better than ever. [31:49.200 --> 31:54.200] It alkalizes, oxygenates, kills parasites, does the job of 10 products that saves you [31:54.200 --> 31:55.760] space, time and money. [31:55.760 --> 32:01.080] Call 888-910-4367 or at StumpUSA.org. [32:03.080 --> 32:05.960] Rule of Law Radio is proud to offer the rule of law traffic seminar. [32:05.960 --> 32:09.760] In today's America, we live in an us-against-them society and if we the people are ever going [32:09.760 --> 32:13.360] to have a free society, then we're going to have to stand and defend our own rights. [32:13.360 --> 32:16.920] Among those rights are the right to travel freely from place to place, the right to act [32:16.920 --> 32:20.960] in our own private capacity and most importantly, the right to due process of law. [32:20.960 --> 32:24.800] Traffic courts afford us the least expensive opportunity to learn how to enforce and preserve [32:24.800 --> 32:26.160] our rights through due process. [32:26.160 --> 32:30.160] Former Sheriff's Deputy Eddie Craig, in conjunction with Rule of Law Radio, has put together the [32:30.160 --> 32:33.920] most comprehensive teaching tool available that will help you understand what due process [32:33.920 --> 32:36.080] is and how to hold courts to the rule of law. [32:36.080 --> 32:40.320] You can get your own copy of this invaluable material by going to ruleoflawradio.com and [32:40.320 --> 32:41.640] ordering your copy today. [32:41.640 --> 32:45.000] By ordering now, you'll receive a copy of Eddie's book, The Texas Transportation Code, [32:45.000 --> 32:49.400] The Law Versus the Lie, video and audio of the original 2009 seminar, hundreds of research [32:49.400 --> 32:51.320] documents and other useful resource material. [32:51.320 --> 32:54.960] Learn how to fight for your rights with the help of this material from ruleoflawradio.com. [32:54.960 --> 32:59.960] Order your copy today and together we can have the free society we all want and deserve. [32:59.960 --> 33:06.960] Live, free speech radio, logosradionetwork.com [33:29.960 --> 33:37.960] Live, free speech radio, logosradionetwork.com [33:59.960 --> 34:07.960] Live, free speech radio, logosradionetwork.com [34:30.960 --> 34:37.960] Live, free speech radio, logosradionetwork.com [34:50.960 --> 34:54.960] Hi folks, we are back. This is Rule of Law Radio. [34:54.960 --> 34:59.960] Okay, now back to the discussion of what I was going on to here. [34:59.960 --> 35:06.960] Okay, so there's no actual difference between the complaint when it's filed in any court [35:07.960 --> 35:13.960] other than a Justice and Municipal Court under 1504 and 1505 than there is in the one under [35:13.960 --> 35:24.960] 45.019. They're exactly the same thing except 45.019 has a specific list of things that [35:24.960 --> 35:31.960] goes into greater detail than what it does under 1504 and 1505. [35:31.960 --> 35:40.960] But you will notice there is one thing absolutely missing from 45.019 and that is the requirement [35:40.960 --> 35:44.960] that the complaint list all of the elements required to be proven. [35:44.960 --> 35:48.960] And the reason it doesn't do that is because that is information that is specifically reserved [35:48.960 --> 35:53.960] to an indictment or information under Chapter 20 of the Code of Criminal Procedure. [35:53.960 --> 36:01.960] The complaint is not required to list all of the elements required to be proven. [36:01.960 --> 36:10.960] Therefore, even the complaint should not be used to say that proper notice has been made [36:10.960 --> 36:12.960] because it hasn't. [36:12.960 --> 36:18.960] You're assuming that an individual that reads the complaint understands what an element [36:18.960 --> 36:22.960] is or an element isn't. And that's not true either. [36:22.960 --> 36:28.960] And if you argue that the complaint doesn't list all the elements and therefore doesn't [36:28.960 --> 36:34.960] constitute a proper information or indictment, which it doesn't, the judge could turn around [36:34.960 --> 36:40.960] and say, well, the statute doesn't require a complaint to have all that, so we're just [36:40.960 --> 36:43.960] going to ignore that fact and move on. [36:43.960 --> 36:51.960] What they are doing is ignoring the fact that the complaint nowhere is authorized by law [36:51.960 --> 36:54.960] to invest the court with jurisdiction of the cause. [36:54.960 --> 36:56.960] It has never done so. [36:56.960 --> 37:04.960] It took a Texas court to misunderstand and misapply the law and the Constitution by being [37:04.960 --> 37:08.960] completely ignored, the Texas Constitution now, not the federal. [37:08.960 --> 37:13.960] And again, in this paper by this attorney, he never cites the Texas Constitution. [37:13.960 --> 37:17.960] He only cites the U.S. Constitution as if it's the only one there is. [37:17.960 --> 37:23.960] The state constitutions exist to protect your rights at the state level. [37:23.960 --> 37:26.960] Remember those rights I talked about? [37:26.960 --> 37:30.960] You have two different arenas in which those rights are protected. [37:30.960 --> 37:33.960] You have those that are protected by federal mandate. [37:33.960 --> 37:37.960] You have those that are protected by the people's mandate to their representatives [37:37.960 --> 37:39.960] within your particular republic. [37:39.960 --> 37:41.960] Okay? [37:41.960 --> 37:46.960] The state constitution gives you far more protections against abuses by state actors [37:46.960 --> 37:50.960] than the federal constitution ever did or could. [37:50.960 --> 37:52.960] What is one of the fed's favorite arguments? [37:52.960 --> 37:57.960] You can't use the federal constitution because it doesn't apply to you. [37:57.960 --> 37:59.960] And they are correct. [37:59.960 --> 38:05.960] It doesn't apply to you when the only thing being addressed is interaction between you [38:05.960 --> 38:07.960] and your state officials. [38:07.960 --> 38:11.960] It is not until it breaches something required to be protected at the federal level [38:11.960 --> 38:17.960] that the federal constitution kicks in and invokes their power to assist you in any way. [38:17.960 --> 38:19.960] Get it? [38:19.960 --> 38:23.960] It's called a jurisdictional thing. [38:23.960 --> 38:29.960] Yet none of these attorneys in their little white papers ever address the Texas Constitution. [38:29.960 --> 38:33.960] Now what's my problem with the court opinion saying that a complaint invested with jurisdiction? [38:33.960 --> 38:35.960] Well, there's two things. [38:35.960 --> 38:42.960] First, that assertion by the court violates the provisions of Article 5, Section 12 of the Texas Constitution, [38:42.960 --> 38:50.960] 12B of the Texas Constitution where it specifically states that an indictment or information invests the court [38:50.960 --> 38:52.960] with jurisdiction of the cause. [38:52.960 --> 39:00.960] This is backed up by Article 27.01 of the Code of Criminal Procedure which reads thusly, [39:00.960 --> 39:07.960] the primary pleading in a criminal action on the part of the state is the indictment or information. [39:07.960 --> 39:09.960] It doesn't say complaint. [39:09.960 --> 39:12.960] It says the primary pleading is the indictment or information, [39:12.960 --> 39:17.960] and the primary pleading is the person committed a defense by doing these things [39:17.960 --> 39:25.960] and listing all the facts that show violation of all the necessary elements that are required to be proven. [39:25.960 --> 39:30.960] That, folks, is proper notice, not the citation, [39:30.960 --> 39:33.960] because the citation not only doesn't do any of this, [39:33.960 --> 39:39.960] it doesn't even begin to meet the requirements of a complaint under Article 45. [39:39.960 --> 39:45.960] It doesn't even meet the requirements of a complaint under 1505. [39:45.960 --> 39:52.960] So how, then, can 27.14D make a citation the equivalent of a complaint [39:52.960 --> 39:56.960] when it does not meet the statutory requirements of a complaint? [39:56.960 --> 40:00.960] Now let me prove why I say it doesn't do that. [40:00.960 --> 40:09.960] Article 45.019A, a complaint is sufficient, meaning it is legally valid, okay? [40:09.960 --> 40:17.960] If it doesn't do the things that follow right here, what I'm about to read, it is not sufficient. [40:17.960 --> 40:19.960] Got it? [40:19.960 --> 40:24.960] A complaint is sufficient without regard to its form [40:24.960 --> 40:28.960] if it substantially satisfies the following requisites. [40:28.960 --> 40:31.960] It must be in writing, okay? [40:31.960 --> 40:40.960] Citation's in writing, but it must commence in the name and by the authority of the state of Texas. [40:40.960 --> 40:41.960] Is that what's on the citation? [40:41.960 --> 40:42.960] No. [40:42.960 --> 40:48.960] It's almost always city of whatever, county of whatever. [40:48.960 --> 40:50.960] That's what it commences with. [40:50.960 --> 40:56.960] It doesn't commence within the name and by the authority of the state of Texas. [40:56.960 --> 41:02.960] Number three, it must state the name of the accused if known or if unknown, [41:02.960 --> 41:07.960] must include a reasonably definite description of the accused. [41:07.960 --> 41:12.960] Now, do they ever just write your description on a citation when they give it to you? [41:12.960 --> 41:13.960] No. [41:13.960 --> 41:18.960] They force you to give up information that you normally wouldn't have to give to anybody, [41:18.960 --> 41:22.960] but in any case, that's what they try to do. [41:22.960 --> 41:30.960] So they can possibly say that a citation meets number three as well as number one. [41:30.960 --> 41:36.960] But after that and after number two, it gets really messy. [41:36.960 --> 41:45.960] Number four, it must show that the accused has committed an offense against the law of this state. [41:45.960 --> 41:48.960] Law of this state. [41:48.960 --> 41:49.960] Okay? [41:49.960 --> 41:51.960] An ordinance is not a law of this state. [41:51.960 --> 41:58.960] So how then can they even begin to issue a citation in relation to a complaint? [41:58.960 --> 42:01.960] Or I'm sorry, how can they make a complaint in relation to an ordinance? [42:01.960 --> 42:08.960] Because on the requisite of the complaint, it has to state that it's against the law of the state. [42:08.960 --> 42:12.960] Now, when we read a little further down, we'll see they tried to make an exception to that, [42:12.960 --> 42:15.960] but there's a problem there too. [42:15.960 --> 42:21.960] Now, or state that the affiant has good reason to believe and does believe [42:21.960 --> 42:27.960] that the accused has committed an offense against the law of this state. [42:27.960 --> 42:30.960] Now, remember, an ordinance is not a law of this state. [42:30.960 --> 42:38.960] We can prove that simply by reading Article 3, Section 29 through 39, 54, 63, [42:38.960 --> 42:42.960] and 64 of Article 3 of the Texas Constitution. [42:42.960 --> 42:46.960] No ordinance meets a single one of those criteria. [42:46.960 --> 42:52.960] In fact, since about the mid-'60s, not a single enactment by the Texas legislature [42:52.960 --> 42:58.960] passed within an emergency clause does either. [42:58.960 --> 43:01.960] Hmm, go figure. [43:01.960 --> 43:03.960] All right, let's read a little more. [43:03.960 --> 43:05.960] That was number four, by the way. [43:05.960 --> 43:09.960] Number five, it must state the date the offense was committed as definitely [43:09.960 --> 43:11.960] as the affiant is able to provide. [43:11.960 --> 43:13.960] Well, citation does that. [43:13.960 --> 43:17.960] Six, it must bear the signature or mark of the affiant. [43:17.960 --> 43:19.960] Well, a citation's not sworn to. [43:19.960 --> 43:24.960] There's no one there to administer the oath, and there's no one there to swear to it. [43:24.960 --> 43:26.960] The officer is the accuser. [43:26.960 --> 43:30.960] Granted, he could be the affiant if it was a proper complaint, but it isn't. [43:30.960 --> 43:33.960] And there's no one there to verify it if he signs it. [43:33.960 --> 43:39.960] And you're not being served with a copy of a sworn and verified anything, are you? [43:39.960 --> 43:41.960] No, you're not. [43:41.960 --> 43:45.960] In fact, the officer very rarely even lists the actual charge that would appear [43:45.960 --> 43:48.960] on the actual complaint if it ever exists. [43:48.960 --> 43:50.960] All right, folks, we'll continue this on the other side. [43:50.960 --> 43:54.960] We'll be right back, 512-646-1984. [43:54.960 --> 43:59.960] So y'all hang on. [43:59.960 --> 44:02.960] Are you the plaintiff or defendant in a lawsuit? [44:02.960 --> 44:06.960] Win your case without an attorney with Jurisdictionary. [44:06.960 --> 44:14.960] The affordable, easy-to-understand, 4-CD course that will show you how in 24 hours, step-by-step. [44:14.960 --> 44:18.960] If you have a lawyer, know what your lawyer should be doing. [44:18.960 --> 44:22.960] If you don't have a lawyer, know what you should do for yourself. [44:22.960 --> 44:27.960] Thousands have won with our step-by-step course, and now you can, too. [44:27.960 --> 44:33.960] Jurisdictionary was created by a licensed attorney with 22 years of case-winning experience. [44:33.960 --> 44:39.960] Even if you're not in a lawsuit, you can learn what everyone should understand about the principles [44:39.960 --> 44:42.960] and practices that control our American courts. [44:42.960 --> 44:48.960] You'll receive our audio classroom, video seminar, tutorials, forms for civil cases, [44:48.960 --> 44:51.960] pro se tactics, and much more. [44:51.960 --> 45:00.960] Please visit ruleoflawradio.com and click on the banner or call toll-free, 866-LAW-EZ. [45:00.960 --> 45:06.960] Hello, my name is Stuart Smith from naturespureorganics.com, [45:06.960 --> 45:11.960] and I would like to invite you to come by our store at 1904 Guadalupe Street, Sweet D, [45:11.960 --> 45:14.960] here in Austin, Texas, behind Brave New Books and Chase Bank, [45:14.960 --> 45:18.960] to see all our fantastic health and wellness products with your very own eyes. [45:18.960 --> 45:22.960] Have a look at our Miracle Healing Clay that started our adventure in alternative medicine. [45:22.960 --> 45:27.960] Take a peek at some of our other wonderful products, including our Australian Eme oil, [45:27.960 --> 45:30.960] lotion candles, olive oil, soaps, and colloidal silver and gold. [45:30.960 --> 45:37.960] Call 512-264-4043 or find us online at naturespureorganics.com. [45:37.960 --> 45:43.960] That's 512-264-4043, naturespureorganics.com. [45:43.960 --> 45:47.960] Don't forget to like us on Facebook for information on events and our products. [45:47.960 --> 46:14.960] Naturespureorganics.com. [46:14.960 --> 46:39.960] All right, folks, we are back. [46:39.960 --> 46:41.960] This is Rule of Law Radio. [46:41.960 --> 46:45.960] Okay, now let's continue on with this little bit of a discussion here. [46:45.960 --> 46:50.960] Again, it doesn't meet the requirements that we've up to so far. [46:50.960 --> 46:51.960] It's met one. [46:51.960 --> 46:52.960] It's got to be in writing. [46:52.960 --> 46:54.960] It must state the name of the accused. [46:54.960 --> 46:55.960] It met that one. [46:55.960 --> 46:57.960] It must state the date. [46:57.960 --> 46:58.960] It meets that one. [46:58.960 --> 47:00.960] But it doesn't meet three. [47:00.960 --> 47:01.960] It doesn't meet four. [47:01.960 --> 47:03.960] Let's see if it meets five or number six. [47:03.960 --> 47:06.960] It must bear the signature mark of the affidavit, which we read, [47:06.960 --> 47:12.960] and it must conclude with the words against the peace and dignity of the state. [47:12.960 --> 47:16.960] That's also two things that a citation doesn't do. [47:16.960 --> 47:21.960] And if the offense charges an offense only under a municipal ordinance, [47:21.960 --> 47:25.960] it may also conclude with the words contrary to the said ordinance. [47:25.960 --> 47:28.960] Again, that's not there either. [47:28.960 --> 47:29.960] All right. [47:29.960 --> 47:39.960] Now, subsection B, a complaint filed in justice court must allege that the offense was committed in the county in which the complaint is made. [47:39.960 --> 47:40.960] All right. [47:40.960 --> 47:43.960] Citation doesn't do that. [47:43.960 --> 47:53.960] D, or I'm sorry, C, a complaint filed in municipal court must allege that the offense was committed in the territorial limits of the municipality in which the complaint is made. [47:53.960 --> 47:55.960] It doesn't do that either. [47:55.960 --> 48:03.960] Even if it lists the city and it lists the county, it doesn't say within the territorial limits of. [48:03.960 --> 48:06.960] And that's part of the requirements of a complaint. [48:06.960 --> 48:08.960] All right. [48:08.960 --> 48:19.960] Now, E, a complaint in municipal court can be sworn to before the municipal judge, clerk of the court or deputy clerk, the city secretary or city attorney or deputy city attorney. [48:19.960 --> 48:27.960] So, again, even if there was two cops on the side of the road, they can't verify each other's signature. [48:27.960 --> 48:33.960] They're not in this list of people as to who the complaint must be sworn in front of. [48:33.960 --> 48:34.960] Okay. [48:34.960 --> 48:42.960] Now, remember, I can't tell you the number of times that I've seen a charge on a citation not even be close to the one that comes out on the actual complaint. [48:42.960 --> 48:45.960] The officer has no clue what he's even writing down. [48:45.960 --> 48:51.960] He just makes something up and then the city attorney corrects it later or the court clerk corrects it later. [48:51.960 --> 48:59.960] So, again, the citation doesn't give you notice of doodly squat in a reliable way at all. [48:59.960 --> 49:22.960] Now, subsection F in relation to the complaint under 45.019F, if the defendant does not object to a defect, error or irregularity of form or substance in a charging instrument before the date on which the trial on the merits commences, the defendant weighs and forfeits the right to object to the defect, error or irregularity. [49:22.960 --> 49:29.960] Nothing in this article prohibits a trial court from requiring that an objection to a charging instrument be made at an earlier time. [49:29.960 --> 49:36.960] Now, this, this is a gotcha clause that they put in here that can screw over a pro se very, very easily. [49:36.960 --> 49:37.960] Why? [49:37.960 --> 49:56.960] Because they can turn around and say that no matter when you file your objection to the complaint, whatever that may be, that the trial court said you had to have it in this many days prior and they can set it to any number of days they want right there on the spot and say that's the way they've always done it. [49:56.960 --> 49:58.960] Imagine that. [49:58.960 --> 50:08.960] Because there's no requirement here that that timeframe be in writing in some form of local rule or procedure. [50:08.960 --> 50:09.960] There is none. [50:09.960 --> 50:12.960] So they can get away with saying, oh, well, there's nothing that requires us to have it in writing. [50:12.960 --> 50:13.960] We don't have it in writing. [50:13.960 --> 50:14.960] We're just telling you this way. [50:14.960 --> 50:15.960] We've always done it. [50:15.960 --> 50:19.960] You have to have it in 45 days prior if you're going to argue about it. [50:19.960 --> 50:29.960] We know that's two days after the day after your 10th day of getting the ticket, which we're required to give you, but, I mean, let's imagine that. [50:29.960 --> 50:40.960] Under Chapter 543 of the Transportation Code, it says the citation must give you no less than 10 days from the date of its issuance to make your initial appearance in court. [50:40.960 --> 50:42.960] All right? [50:42.960 --> 51:02.960] Now, if the court has the rule that in order to comply with 45.018B and 45.019F, you must have your objections to the charging instrument in 14 days prior to your initial appearance in court, they've already screwed you. [51:02.960 --> 51:04.960] Now, would it stand up in a higher court? [51:04.960 --> 51:05.960] No, it wouldn't. [51:05.960 --> 51:08.960] But the fact is they're going to railroad you on it anyway. [51:08.960 --> 51:14.960] It's just another proof positive thing that the courts are designed to screw you at this level and take your money. [51:14.960 --> 51:18.960] For instance, Austin Municipal Court has a 14-day rule. [51:18.960 --> 51:31.960] If they write a ticket that you have to be in in 10 days for that initial appearance, and the 14-day local rule says if you're going to object to the complaint, you have to do so, and they're going to turn around and call the citation to complain under 27.14D, [51:31.960 --> 51:40.960] if you haven't objected four days before you actually got the ticket, you're screwed under the local rules. [51:40.960 --> 51:42.960] Okay? [51:42.960 --> 51:44.960] You see how this plays out? [51:44.960 --> 51:47.960] Nothing about this system was designed to be fair. [51:47.960 --> 51:52.960] Nothing about it was designed to protect you or your rights or administer justice. [51:52.960 --> 51:58.960] There's nothing just about it except for the just us part. [51:58.960 --> 51:59.960] All right. [51:59.960 --> 52:10.960] Let's look at the last one under 45.019, that's subsection G, in a county with a population of more than 2 million that does not have a county attorney, [52:10.960 --> 52:22.960] a complaint for an offense under Section 3241 Penal Code must be approved by the district attorney regardless of whether a collection proceeding is initiated by the district attorney under Section 32.41A Penal Code. [52:22.960 --> 52:24.960] Okay. [52:24.960 --> 52:33.960] So we can see that the citation does not even meet half of the statutory requirements that a complaint is required to have. [52:33.960 --> 52:39.960] So let's look at what the trial court refuses to do even if we did it. [52:39.960 --> 52:43.960] Let's say that you get the citation on the street. [52:43.960 --> 52:57.960] The very first thing you file is a motion to quash objecting to the citation on form and substance just as 45.019F requires you to do. [52:57.960 --> 53:00.960] You file it immediately. [53:00.960 --> 53:02.960] Okay? [53:02.960 --> 53:07.960] If that happens, how do they handle it from that point on? [53:07.960 --> 53:21.960] Because they're saying they can't issue a proper complaint under 45.018A or B until you've pled not guilty under 27.14D. [53:21.960 --> 53:26.960] Yet there is nothing that requires you to enter a plea ever. [53:26.960 --> 53:43.960] So by their own construction of their argument here, they are judicially and legally stopped from proceeding because they're saying that they aren't required to produce a complaint until you plead guilty, [53:43.960 --> 53:55.960] and you're not entitled to it until you plead guilty, which of course requires you to waive not only personal jurisdiction but your right of notice in order to enter the plea. [53:55.960 --> 54:15.960] So they're saying 27.14D has the authority to compel you to waive two protected due process rights in order to comply with their requirement under 45.018B of giving you the complaint one day prior to any proceeding in the prosecution. [54:15.960 --> 54:19.960] You see the problems they've created here using this argument? [54:19.960 --> 54:32.960] They're saying that you must waive two protected rights in order for us to deal with the right that the legislature gave you under 45.018B. [54:32.960 --> 54:46.960] In order to exercise that legislative privilege of a right, you have to waive two fundamentally protected rights the legislature can't take away from you and neither can we. [54:46.960 --> 54:53.960] Go ahead, officer. Go ahead, city attorney. Go ahead, judge. Call me crazy, you morons. [54:53.960 --> 55:02.960] There is no way you could stand toe-to-toe with me anywhere and make an argument that would tell me that's not what this does. [55:02.960 --> 55:09.960] And I guarantee you, you would play hell in a handbasket convincing an audience of the same thing. [55:09.960 --> 55:20.960] Specious logic and use of force to get your way under what is supposed to be the rule of law that you consistently ignore does not mean that you win. [55:20.960 --> 55:32.960] It just means that right now you're willing to violate law and the rights of the individuals that every single one of you swore to protect to get your way. [55:32.960 --> 55:38.960] That's all it means. It doesn't make me crazy. It makes you criminal. [55:38.960 --> 55:47.960] Think about that one, officer. It makes you criminal, like it or not. [55:47.960 --> 55:58.960] You want to call me crazy, then you prove I'm crazy. You rebut this the way it needs to be rebutted by proper discussion and argument of the statutes that govern the subject, [55:58.960 --> 56:08.960] not your lousy, uninformed opinion based upon nothing more than I'm the guy in the uniform. [56:08.960 --> 56:15.960] Tough. I wore a uniform once, too, probably for longer than you've worn the one you have. [56:15.960 --> 56:22.960] And if not, what difference does it make when you're too stupid to learn while you're wearing it? [56:22.960 --> 56:31.960] The uniform doesn't mean squat when there isn't a brain to animate it, and there isn't reason behind the use of the brain. [56:31.960 --> 56:42.960] If your only reason is I can use force when it suits me because somebody said I could, then I'm not the one that's crazy you are. [56:42.960 --> 57:00.960] When you think you have legitimate authority to use a power the people granted you to violate those same people, let's take a real hard look at who's actually crazy. [57:00.960 --> 57:09.960] And folks, how are you going to defend yourself against these acts when you don't know this is what's happening? [57:09.960 --> 57:13.960] When you are uninformed of the rules of the game, that's what I'm trying to read to you here. [57:13.960 --> 57:17.960] That's what I'm trying to get you to study, to understand, to become knowledgeable about, [57:17.960 --> 57:24.960] the rules of the game that everyone, everyone is supposed to play by. [57:24.960 --> 57:33.960] These procedures apply to them even more than they apply to us because they're written specifically for them [57:33.960 --> 57:40.960] so that we know what they are supposed to be doing and when they're not doing it. [57:40.960 --> 57:45.960] If they're free to change them any way they want, any time they want, and interpret them any way they want, [57:45.960 --> 57:51.960] then there's no limit to what they can do just by creating the specious argument that that's not the way I interpret it. [57:51.960 --> 57:56.960] I want to read it this way so I can do this thing and that's how we're going to do it. [57:56.960 --> 58:00.960] That's authoritarian, that's not the rule of law. [58:00.960 --> 58:06.960] It's not a Republican form of government either. [58:06.960 --> 58:15.960] So folks, when you refuse to become informed and educated, you refuse to make the effort to understand and apply, [58:15.960 --> 58:23.960] you make yourself the victim of exactly this type of behavior and mindset by the people that are supposed to be serving you, [58:23.960 --> 58:35.960] not imprisoning you, not subjugating you, not forcing you to obey their every whim even when that whim has no lawful authority behind it. [58:35.960 --> 58:41.960] How do you make changes when you don't even know what's wrong? [58:41.960 --> 58:44.960] Think about that. We'll be right back after the break. [58:44.960 --> 58:49.960] 512-646-1984. Callers, y'all hang up. [58:49.960 --> 58:53.960] The Bible remains the most popular book in the world. [58:53.960 --> 58:57.960] Yet countless readers are frustrated because they struggle to understand it. [58:57.960 --> 59:01.960] Some new translations try to help by simplifying the text, [59:01.960 --> 59:06.960] but in the process can compromise the profound meaning of the scripture. [59:06.960 --> 59:08.960] Enter the recovery version. [59:08.960 --> 59:12.960] First, this new translation is extremely faithful and accurate, [59:12.960 --> 59:17.960] but the real story is the more than 9,000 explanatory footnotes. [59:17.960 --> 59:21.960] Difficult and profound passages are opened up in a marvelous way, [59:21.960 --> 59:27.960] providing an entrance into the riches of the Word beyond which you've ever experienced before. [59:27.960 --> 59:32.960] Bibles for America would like to give you a free recovery version simply for the asking. [59:32.960 --> 59:43.960] This comprehensive yet compact study Bible is yours just by calling us toll free at 1-888-551-0102 [59:43.960 --> 59:47.960] or by ordering online at freestudybible.com. [59:47.960 --> 59:50.960] That's freestudybible.com. [59:50.960 --> 59:53.960] You are listening to the Logos Radio Network. [59:53.960 --> 01:00:02.960] Logosradionetwork.com. [01:00:02.960 --> 01:00:06.960] This is the Liberty Beat, your daily source for Liberty news and activist updates, [01:00:06.960 --> 01:00:08.960] online at thelibertybeat.com. [01:00:08.960 --> 01:00:13.960] I'm Brian Hagan with your Liberty Beat for Monday, June 16, 2014. [01:00:13.960 --> 01:00:16.960] Gold opened today at $1,282. [01:00:16.960 --> 01:00:18.960] Silver opened at $19.72. [01:00:18.960 --> 01:00:21.960] And Bitcoin is trading at $604. [01:00:21.960 --> 01:00:23.960] Support for the Liberty Beat comes from Bitmain Technology, [01:00:23.960 --> 01:00:27.960] creators of the Antminer S1-180 GigaHash Bitcoin Miner. [01:00:27.960 --> 01:00:30.960] No preorder, ships on time, and sometimes it's early. [01:00:30.960 --> 01:00:35.960] Buy yours today at bitmainetech.com or give them a call, 844-Bitmain. [01:00:35.960 --> 01:00:37.960] That's 844-248-6246. [01:00:37.960 --> 01:00:41.960] Support also comes from Affordable Sound, CD and DVD duplication, [01:00:41.960 --> 01:00:43.960] along with posters and promotions materials. [01:00:43.960 --> 01:00:48.960] Mention promo code LIBERTY, and when you order 10 or more posters, you get 10 free. [01:00:48.960 --> 01:00:53.960] Online at affordablesound.com or call them up at 512-459-5253. [01:00:53.960 --> 01:00:58.960] And the news, four weeks of nationwide travel while spending only Bitcoin. [01:00:58.960 --> 01:01:01.960] That's the goal of the stars of the Sovereign Living Reality Show, [01:01:01.960 --> 01:01:06.960] as they set out to travel 4,400 miles while developing creative ways to avoid using the dollar. [01:01:06.960 --> 01:01:09.960] The Blush family, comprised of John Bush, Katherine Bleich, and their two children, [01:01:09.960 --> 01:01:12.960] will make their cross-country trip aboard their minivan, [01:01:12.960 --> 01:01:15.960] hosting five screenings of their reality show at stops across the way. [01:01:15.960 --> 01:01:20.960] Katherine says she's pleased to see that Bitcoin-friendly options have expanded over the course of a year. [01:01:20.960 --> 01:01:22.960] We were curious if we could actually do it, [01:01:22.960 --> 01:01:28.960] and we knew many resources were available now as opposed to last year when we traveled to Porkfest. [01:01:28.960 --> 01:01:30.960] So I started doing some research. [01:01:30.960 --> 01:01:34.960] I discovered that we could buy food, we could buy gasoline, [01:01:34.960 --> 01:01:37.960] and we could buy hotel rooms with Bitcoin. [01:01:37.960 --> 01:01:40.960] So we decided to just jump in and give it a shot. [01:01:40.960 --> 01:01:44.960] The Blush family will document their travels through articles and daily live blogs. [01:01:44.960 --> 01:01:48.960] We are going to be live blogging the journey through Bitcoin Magazine, [01:01:48.960 --> 01:01:52.960] and we have purchased the URL uncoinventional.com, [01:01:52.960 --> 01:01:55.960] and that will be pointed directly at the live blogs. You can follow us there. [01:01:55.960 --> 01:01:59.960] The Bitcoin-only trip begins the week of June 15th in Central Texas, [01:01:59.960 --> 01:02:03.960] winds its way to Lancaster, New Hampshire, the following week for the annual Porcupine Freedom Festival, [01:02:03.960 --> 01:02:08.960] and will come to an end in Kansas City over the July 4th weekend. [01:02:08.960 --> 01:02:12.960] Hayes County, Texas, deputies shot and killed a dog after responding to an altercation [01:02:12.960 --> 01:02:15.960] between a property owner and a tenant in Dripping Springs late Saturday night. [01:02:15.960 --> 01:02:17.960] That word from KXAN News. [01:02:17.960 --> 01:02:20.960] In a press release, police say the dog acted aggressively and snarled at officers. [01:02:20.960 --> 01:02:23.960] Deputies say they ran into the front yard to escape the animal, [01:02:23.960 --> 01:02:25.960] but the dog advanced, prompting officers to shoot. [01:02:25.960 --> 01:02:29.960] Neither of the deputies had any injuries. Sources say the dog was a pit bull. [01:02:29.960 --> 01:02:33.960] Support for Liberty Beat comes from Voice and Exit, maximizing human flourishing through radical innovation. [01:02:33.960 --> 01:02:36.960] Tickets on sale now. Get 10% off with promo code FREEDOM. [01:02:36.960 --> 01:02:40.960] June 21st at Austin Music Hall. Get yours at VoiceAndExit.com. [01:02:40.960 --> 01:02:45.960] And support comes from Accountable Authority, now offering a public database of police abuse and misconduct. [01:02:45.960 --> 01:02:49.960] Take action. Join for free to gain community support and protection. [01:02:49.960 --> 01:02:52.960] Online at AccountableAuthority.com. [01:02:52.960 --> 01:02:56.960] This is the Liberty Beat for Monday, June 16th, 2014. [01:02:56.960 --> 01:02:59.960] Check out the website at TheLibertyBeat.com. [01:02:59.960 --> 01:03:09.960] It's all according to the will of the Almighty. [01:03:09.960 --> 01:03:13.960] I read his book and he says, [01:03:13.960 --> 01:03:17.960] He cares not for the unsightly. [01:03:17.960 --> 01:03:22.960] These warmongers come by that term rightly. [01:03:22.960 --> 01:03:26.960] Hi folks, we are back. This is Rule of Law Radio. [01:03:26.960 --> 01:03:29.960] And even though I haven't got to go through all the stuff that I've got, [01:03:29.960 --> 01:03:35.960] I am going to go ahead and start taking calls so we can take care of some folks here, whatever that may be and mean. [01:03:35.960 --> 01:03:39.960] And we're going to start with Andrew in Pennsylvania. Andrew, what's up? [01:03:39.960 --> 01:03:44.960] Now, first of all, I'm going to hazard a guess and say the reason the guy trashed your car was because he thought it was a junk car [01:03:44.960 --> 01:03:47.960] because you have no license plate or registration stickers on your car. [01:03:47.960 --> 01:03:52.960] But anyway, the question I have is about immigration. I'm a little confused about this. [01:03:52.960 --> 01:03:57.960] When is it legal across the border of a country without government permission? [01:03:57.960 --> 01:04:00.960] And when do you have to fill out paperwork to cross the border? [01:04:00.960 --> 01:04:03.960] When is immigration illegal? I'm confused on this. [01:04:03.960 --> 01:04:08.960] Well, I guess that depends upon whether or not you actually believe on immigration [01:04:08.960 --> 01:04:12.960] the way that governments are instituting it in order to control where people can go. [01:04:12.960 --> 01:04:22.960] Technically speaking, if it wasn't for the way that they've tried to set the economy up and everything, [01:04:22.960 --> 01:04:25.960] I, for one, would give a crap about whether there were any borders [01:04:25.960 --> 01:04:28.960] because I would very much like to be able to get up and go wherever I want to. [01:04:28.960 --> 01:04:31.960] And it's nobody's business to tell me I can come or go as a police. [01:04:31.960 --> 01:04:34.960] It doesn't matter what part of the world it is. [01:04:34.960 --> 01:04:40.960] Now, if that were the case, then we would be free to go pretty much anywhere to establish an infrastructure [01:04:40.960 --> 01:04:43.960] of virtually any kind to support whoever lives there. [01:04:43.960 --> 01:04:50.960] And if it wasn't for courts and political correctness forcing you to hire unskilled people [01:04:50.960 --> 01:04:59.960] because they scream racism rather than uneducated and inept and incapable, it wouldn't be such a big deal. [01:04:59.960 --> 01:05:05.960] So what the problem here as far as the immigration part to me in America is this. [01:05:05.960 --> 01:05:08.960] We say that they're getting all of our jobs, [01:05:08.960 --> 01:05:11.960] yet the jobs they're getting are the ones that we don't want to do. [01:05:11.960 --> 01:05:15.960] We've become a lot of privileged, lazy people that think we're better than everybody else, [01:05:15.960 --> 01:05:18.960] and we can't pick up trash, we can't plunge in clean toilets. [01:05:18.960 --> 01:05:20.960] We can't do those sort of things anymore. [01:05:20.960 --> 01:05:22.960] We're American. [01:05:22.960 --> 01:05:27.960] So as far as the legality of when it's okay to cross a border, according to the government, never, [01:05:27.960 --> 01:05:30.960] unless, of course, you're part of that government. [01:05:30.960 --> 01:05:35.960] Then they'll sneak in and out of countries without that country's permission all day long. [01:05:35.960 --> 01:05:40.960] Or when the government is doing the importing and exporting of those individuals [01:05:40.960 --> 01:05:47.960] with whom you're actually referring, the illegals. [01:05:47.960 --> 01:05:48.960] Okay. [01:05:48.960 --> 01:05:50.960] One more thing. [01:05:50.960 --> 01:05:53.960] In my interview with Winston Shroud on my last radio show, [01:05:53.960 --> 01:05:55.960] I told him what you thought what a law is. [01:05:55.960 --> 01:05:58.960] It's the federal and the state constitutions assuming they exist, [01:05:58.960 --> 01:06:00.960] and Bills would have signed the law by the governor. [01:06:00.960 --> 01:06:02.960] And he told me, no, I disagree. [01:06:02.960 --> 01:06:03.960] Wait, wait, wait, wait, wait, wait. [01:06:03.960 --> 01:06:06.960] You told him that I said a law was what? [01:06:06.960 --> 01:06:08.960] Well, when you were on my radio show, [01:06:08.960 --> 01:06:12.960] you said that laws are the federal and the state constitutions, [01:06:12.960 --> 01:06:15.960] assuming they exist, and Bills would have signed the law by the governor. [01:06:15.960 --> 01:06:16.960] I remember that. [01:06:16.960 --> 01:06:24.960] So I told him that, and he told me that his definition of a law is the remedy to a contractual violation. [01:06:24.960 --> 01:06:26.960] So there's a little contradiction here I wanted to ask. [01:06:26.960 --> 01:06:27.960] Okay. [01:06:27.960 --> 01:06:29.960] Well, then explain the law of gravity. [01:06:29.960 --> 01:06:36.960] Law is nothing more than a nomenclature we assign to describe something that has a factual basis [01:06:36.960 --> 01:06:41.960] that's either irrefutable or incontestable or is bound by a certain set of rules. [01:06:41.960 --> 01:06:44.960] It all depends upon which application and context you're using it in. [01:06:44.960 --> 01:06:47.960] The law of gravity is a natural law. [01:06:47.960 --> 01:06:49.960] Where's the contract with that? [01:06:49.960 --> 01:06:50.960] There isn't one. [01:06:50.960 --> 01:06:53.960] Where's the legal remedy for a natural law? [01:06:53.960 --> 01:06:54.960] There isn't one. [01:06:54.960 --> 01:06:58.960] You can't sue Mother Earth for effectively using gravity, right? [01:06:58.960 --> 01:07:00.960] Right, you can't. [01:07:00.960 --> 01:07:01.960] Okay. [01:07:01.960 --> 01:07:05.960] So that is a specious definition, Mr. Shroud, I hate to say that, [01:07:05.960 --> 01:07:13.960] but the fact is law as we use it in our legal system is what I said it is, [01:07:13.960 --> 01:07:18.960] because those are what was created by men to govern men. [01:07:18.960 --> 01:07:23.960] Now, as far as the remedy goes, when it goes to a harm, [01:07:23.960 --> 01:07:27.960] whether it be what we refer to as a common law harm, [01:07:27.960 --> 01:07:32.960] a law is required to provide remedy for that injury. [01:07:32.960 --> 01:07:36.960] It does not have to be based on a contract, okay? [01:07:36.960 --> 01:07:38.960] You can walk up and punch me. [01:07:38.960 --> 01:07:42.960] What contract do I have with you for you to commit assault against me [01:07:42.960 --> 01:07:43.960] and me to have a remedy? [01:07:43.960 --> 01:07:45.960] It ain't the social contract. [01:07:45.960 --> 01:07:51.960] It's my common right not to be assaulted by anyone, right? [01:07:51.960 --> 01:07:52.960] Right. [01:07:52.960 --> 01:07:53.960] Okay. [01:07:53.960 --> 01:07:56.960] But there's still a law that allows that punishment, [01:07:56.960 --> 01:08:00.960] but it's got nothing to do with a contract, does it? [01:08:00.960 --> 01:08:01.960] No. [01:08:01.960 --> 01:08:04.960] Okay, then. [01:08:04.960 --> 01:08:05.960] Okay. [01:08:05.960 --> 01:08:07.960] Thanks for giving your side of the argument. [01:08:07.960 --> 01:08:08.960] Okay. [01:08:07.960 --> 01:08:08.960] Appreciate it. [01:08:08.960 --> 01:08:09.960] All right, man. [01:08:09.960 --> 01:08:10.960] Thanks a lot, Eddie. [01:08:09.960 --> 01:08:11.960] You're welcome. [01:08:11.960 --> 01:08:14.960] All right, now we're going to go to Walt in New York. [01:08:14.960 --> 01:08:16.960] Walt, what can we do for you? [01:08:16.960 --> 01:08:18.960] Yeah, good evening, Eddie. [01:08:18.960 --> 01:08:20.960] I've got an issue I want to discuss with you about two or three things [01:08:20.960 --> 01:08:22.960] this traffic stop. [01:08:22.960 --> 01:08:24.960] I know some things weren't done right, [01:08:24.960 --> 01:08:29.960] but we got some real good evidence to get the folks out in this place, [01:08:29.960 --> 01:08:32.960] what they did in the courts, what they did was very wrong, what they did. [01:08:32.960 --> 01:08:33.960] Here's what happened. [01:08:33.960 --> 01:08:38.960] May 22nd, this young man got pulled over, my former wife's son, 16. [01:08:38.960 --> 01:08:42.960] He's traveling down the road right in the neighborhood where he lives, [01:08:42.960 --> 01:08:44.960] coming back from the store. [01:08:44.960 --> 01:08:47.960] One cop pulled him over, and the cop, I guess, pulled in front of him, [01:08:47.960 --> 01:08:49.960] so he's off to the side of the road. [01:08:49.960 --> 01:08:51.960] The young man, the cop pulls him in front and gets out, [01:08:51.960 --> 01:08:54.960] and then all of a sudden two other backup cars come behind, [01:08:54.960 --> 01:08:57.960] so there's four cars in a line along the side of the road, [01:08:57.960 --> 01:09:02.960] and one of them's the local police and one is county sheriffs. [01:09:02.960 --> 01:09:06.960] Excuse me, I don't know which ones are which, but they were both involved. [01:09:06.960 --> 01:09:11.960] So he calls, the young man calls me up immediately on his cell phone. [01:09:11.960 --> 01:09:14.960] I'm in my house listening to this, Eddie, [01:09:14.960 --> 01:09:18.960] and I hear the cops talking to him, [01:09:18.960 --> 01:09:22.960] and I told the young man, his name is Austin, but I'll just say it, [01:09:22.960 --> 01:09:24.960] and I told Austin to tell the cops, he says, [01:09:24.960 --> 01:09:26.960] am I free to go or under arrest? [01:09:26.960 --> 01:09:29.960] And the officer said, neither. [01:09:29.960 --> 01:09:32.960] Then I told Austin, I asked the officer, are you going to punish me [01:09:32.960 --> 01:09:36.960] or arrest me for exercising my constitutional and God-given rights? [01:09:36.960 --> 01:09:38.960] And he says, no, I'm not. [01:09:38.960 --> 01:09:44.960] And then I heard him say, he told the officer, you're being taped. [01:09:44.960 --> 01:09:46.960] He says, fine. [01:09:46.960 --> 01:09:48.960] But here's what happened. [01:09:48.960 --> 01:09:52.960] And he says, why do you have one plate on the front here that doesn't match [01:09:52.960 --> 01:09:55.960] or something, and I couldn't hear it on the tape, [01:09:55.960 --> 01:10:01.960] but he did admit, the young man did say, Austin did say, that's right. [01:10:01.960 --> 01:10:03.960] And what the officer said, well, it doesn't belong in there, [01:10:03.960 --> 01:10:06.960] but the truth is that no plate should have been on there, [01:10:06.960 --> 01:10:08.960] because here's what Austin said to the cops. [01:10:08.960 --> 01:10:11.960] He said, you can't be driving this car down the road. [01:10:11.960 --> 01:10:17.960] Austin said, sir, I'm not driving, I'm in transportation. [01:10:17.960 --> 01:10:18.960] Wait a minute. [01:10:18.960 --> 01:10:21.960] He said, I'm not driving, I'm in transportation? [01:10:21.960 --> 01:10:22.960] No, I'm sorry. [01:10:22.960 --> 01:10:23.960] I made a mistake. [01:10:23.960 --> 01:10:26.960] I'm not driving and I'm not in transportation. [01:10:26.960 --> 01:10:28.960] And then he also said, he added on to it, I know you don't like that. [01:10:28.960 --> 01:10:33.960] He says, I'm also exercising my God-given rights to travel down the road. [01:10:33.960 --> 01:10:35.960] So I got into a back and forth there for a while, [01:10:35.960 --> 01:10:39.960] and some very interesting things happened at that point, [01:10:39.960 --> 01:10:44.960] because the officers were getting confused by the questions Austin was asking them. [01:10:44.960 --> 01:10:47.960] One of the officers came up and says, who's on that phone? [01:10:47.960 --> 01:10:51.960] And when Austin first got on the phone, he told the officer, [01:10:51.960 --> 01:10:55.960] I would like Christian counseling, and Austin said, fine, go ahead. [01:10:55.960 --> 01:10:59.960] So one of the officers knew who Austin was speaking to, that was me. [01:10:59.960 --> 01:11:02.960] They didn't know who I am, but they know I was a Christian counsel. [01:11:02.960 --> 01:11:05.960] So then the other backup cops come in and they say, who's on the phone? [01:11:05.960 --> 01:11:09.960] Then Austin says, my former wife's, excuse me, my mother's former husband. [01:11:09.960 --> 01:11:11.960] He said, put that down. [01:11:11.960 --> 01:11:12.960] I'm listening to all this heavy. [01:11:12.960 --> 01:11:14.960] It gets very interesting in the military. [01:11:14.960 --> 01:11:16.960] I'm going to go as fast as I can. [01:11:16.960 --> 01:11:20.960] So he puts it down, or I found out later, on the back of his car. [01:11:20.960 --> 01:11:24.960] That's Austin's car, the second car in line on the trunk by the rear window. [01:11:24.960 --> 01:11:28.960] Outside it is turned on, and the cops don't know it. [01:11:28.960 --> 01:11:30.960] And then they took him back. [01:11:30.960 --> 01:11:31.960] I heard the footsteps. [01:11:31.960 --> 01:11:34.960] They took him back, I found out later, to the last car in line, [01:11:34.960 --> 01:11:36.960] the fourth car, they frisked him. [01:11:36.960 --> 01:11:40.960] They put him inside the car, and he read him as Miranda writes. [01:11:40.960 --> 01:11:43.960] And then, while I'm still listening, I don't hear nothing. [01:11:43.960 --> 01:11:48.960] All of a sudden Eddie out here, just tapping sound, 17 taps, [01:11:48.960 --> 01:11:52.960] which were the footsteps of these hard shoes of one of these police officers. [01:11:52.960 --> 01:11:55.960] He came up to the back of Austin's car with it. [01:11:55.960 --> 01:11:58.960] The tone was still on, and I heard him. [01:11:58.960 --> 01:12:03.960] He came over and he whispered, oh, Eddie, he said the words, I don't like this. [01:12:03.960 --> 01:12:05.960] Not one bit. [01:12:05.960 --> 01:12:06.960] And then he clicked off the phone. [01:12:06.960 --> 01:12:09.960] He cut off my conversation. [01:12:09.960 --> 01:12:13.960] So I see there that blip versus new Boston's type stuff, and even worse, [01:12:13.960 --> 01:12:15.960] because the cops knew what was wrong to do that. [01:12:15.960 --> 01:12:16.960] They did it. [01:12:16.960 --> 01:12:23.960] So anyway, his mother came, and they took his car, put him down. [01:12:23.960 --> 01:12:27.960] They let him go, and then we got together, and we prepared for this a little bit. [01:12:27.960 --> 01:12:29.960] And what I did, Eddie, was I looked at the tickets. [01:12:29.960 --> 01:12:34.960] There are five of them, and one of them is the main one is the unlicensed operator business. [01:12:34.960 --> 01:12:37.960] And it said on there, there were three boxes. [01:12:37.960 --> 01:12:40.960] It says, infraction, misdemeanor felony. [01:12:40.960 --> 01:12:42.960] Infraction was circled. [01:12:42.960 --> 01:12:44.960] At the bottom, though, like I heard you talk about this, [01:12:44.960 --> 01:12:46.960] is if you don't show up this, you can be arrested. [01:12:46.960 --> 01:12:50.960] So I called the police department and asked, how could he be arrested for an infraction? [01:12:50.960 --> 01:12:52.960] Wait a minute, wait a minute, wait a minute. [01:12:52.960 --> 01:12:59.960] In California, an infraction is specifically defined as not criminal. [01:12:59.960 --> 01:13:00.960] Okay? [01:13:00.960 --> 01:13:02.960] I don't know about New York. [01:13:02.960 --> 01:13:05.960] Well, here's what the lady said when I called the administration of the police department. [01:13:05.960 --> 01:13:09.960] It's in Ogden, New York, way outside of Rochester, 25 miles. [01:13:09.960 --> 01:13:16.960] She said, that's right, but the judge can get a warrant to bring him in to discuss the ticket, [01:13:16.960 --> 01:13:18.960] even though we can't put him in jail. [01:13:18.960 --> 01:13:19.960] That's what she said. [01:13:19.960 --> 01:13:21.960] I didn't argue. [01:13:21.960 --> 01:13:22.960] That's not true either. [01:13:22.960 --> 01:13:26.960] The judge can only issue warrants in criminal matters. [01:13:26.960 --> 01:13:27.960] Right. [01:13:27.960 --> 01:13:29.960] I didn't want to argue with it, but here's what I did, and it worked. [01:13:29.960 --> 01:13:31.960] I busted down their defenses. [01:13:31.960 --> 01:13:40.960] I said, look, ma'am, you may not know this, but he was given tickets for laws he didn't violate. [01:13:40.960 --> 01:13:44.960] He specifically told the officer he was not in transportation. [01:13:44.960 --> 01:13:49.960] And I tried to explain stuff to her, and I said, this is what I also told her. [01:13:49.960 --> 01:13:52.960] I said, we're going to come to that date that's on that ticket, [01:13:52.960 --> 01:13:56.960] and I'm going to raise the Bible up when I come in your court. [01:13:56.960 --> 01:13:58.960] So I'm going to do it. [01:13:58.960 --> 01:13:59.960] And she backed down, letting the phone in. [01:13:59.960 --> 01:14:01.960] I scared her by saying that. [01:14:01.960 --> 01:14:02.960] She said, sir. [01:14:02.960 --> 01:14:04.960] She walked. [01:14:04.960 --> 01:14:07.960] Please, the judge is going to be nice to you in court. [01:14:07.960 --> 01:14:09.960] She actually said that. [01:14:09.960 --> 01:14:11.960] So what I did, at least, I sent you a nice talk with you, [01:14:11.960 --> 01:14:17.960] and I sent her a letter with a lot of this information about driving versus traveling [01:14:17.960 --> 01:14:19.960] and all the court cases and stuff I have copies of. [01:14:19.960 --> 01:14:25.960] I sent it to the court at the end of May, because that date it happened was May 22. [01:14:25.960 --> 01:14:27.960] At the end of May, I sent all this stuff into the court. [01:14:27.960 --> 01:14:28.960] Monday, they got it. [01:14:28.960 --> 01:14:30.960] And wait to hear what happened at the court. [01:14:30.960 --> 01:14:32.960] It's like a movie. [01:14:32.960 --> 01:14:36.960] We get there exactly 6 o'clock with the ticket, say you're supposed to be there, [01:14:36.960 --> 01:14:40.960] and a big deputy comes out of the court room. [01:14:40.960 --> 01:14:43.960] Just before we went in there, a lady walked out. [01:14:43.960 --> 01:14:48.960] She told Austin that she was there, she must have been there at 5 to 6 [01:14:48.960 --> 01:14:50.960] or maybe even earlier than that. [01:14:50.960 --> 01:14:53.960] She said, there's no judge in there. [01:14:53.960 --> 01:14:54.960] So I'm walking up. [01:14:54.960 --> 01:14:56.960] I'm waiting for my former wife to go to bed. [01:14:56.960 --> 01:14:57.960] She says, come on in here. [01:14:57.960 --> 01:14:59.960] He said, the court's closed. [01:14:59.960 --> 01:15:01.960] So I went in there with Austin, in the tickets. [01:15:01.960 --> 01:15:04.960] He's got the table there, big deputy. [01:15:04.960 --> 01:15:06.960] And he says, the court's closed. [01:15:06.960 --> 01:15:07.960] I said, what do you mean it's closed? [01:15:07.960 --> 01:15:08.960] We're supposed to be here at 6 o'clock. [01:15:08.960 --> 01:15:11.960] She said, well, if you look carefully, we have a problem with our printer. [01:15:11.960 --> 01:15:13.960] He's supposed to be here at 5. [01:15:13.960 --> 01:15:15.960] If you look very, very closely, it could be a 5 or a 6. [01:15:15.960 --> 01:15:16.960] We know there's a problem. [01:15:16.960 --> 01:15:17.960] That's why I'm waiting here. [01:15:17.960 --> 01:15:18.960] I said, it's 6 o'clock. [01:15:18.960 --> 01:15:20.960] Where's the judge? [01:15:20.960 --> 01:15:25.960] In other words, what I'm saying, Eddie, is if the judge knows about this printing problem [01:15:25.960 --> 01:15:28.960] and he leaves a cop there to get these people coming late, [01:15:28.960 --> 01:15:32.960] the judge should be there knowing that other people are going to come at 6 instead of 5. [01:15:32.960 --> 01:15:35.960] So the deputy didn't want to talk about that, the deputy. [01:15:35.960 --> 01:15:39.960] So he takes the tickets, puts them down on the table, and he takes a pen, Eddie, [01:15:39.960 --> 01:15:41.960] puts it down where he's supposed to plead. [01:15:41.960 --> 01:15:42.960] He's awesome. [01:15:42.960 --> 01:15:44.960] Do you plead guilty or not guilty? [01:15:44.960 --> 01:15:47.960] He took the duty of a judge, Eddie. [01:15:47.960 --> 01:15:52.960] And I told the cop right there, right to him, I said, sir, he's not pleading anything. [01:15:52.960 --> 01:15:55.960] I said, this court has no jurisdiction. [01:15:55.960 --> 01:15:57.960] He's not pleading guilty or not guilty. [01:15:57.960 --> 01:15:59.960] So he got angry with the cop. [01:15:59.960 --> 01:16:00.960] He says, you're arguing with me. [01:16:00.960 --> 01:16:02.960] You're going to have to call an assistant district attorney tomorrow. [01:16:02.960 --> 01:16:05.960] I was giving him a receipt that we were here. [01:16:05.960 --> 01:16:06.960] So he gave it to me. [01:16:06.960 --> 01:16:07.960] It was very legible. [01:16:07.960 --> 01:16:10.960] It was $1,500, and we haven't done nothing since, Eddie. [01:16:10.960 --> 01:16:13.960] Now, he can't pay for it to get the car out of the impound, [01:16:13.960 --> 01:16:15.960] and they're going to keep it maybe till the... [01:16:15.960 --> 01:16:19.960] We sent them a certified letter to the impound saying that you don't know about the laws, [01:16:19.960 --> 01:16:20.960] but now you do. [01:16:20.960 --> 01:16:22.960] The car needs to be returned immediately. [01:16:22.960 --> 01:16:27.960] And also, by the way, Eddie, Austin told the officers, which is legal in New York State, [01:16:27.960 --> 01:16:31.960] he said, can I just have the car towed home by a rope? [01:16:31.960 --> 01:16:34.960] So he would have got his mother and me to do it, which is totally legal. [01:16:34.960 --> 01:16:35.960] I checked the laws. [01:16:35.960 --> 01:16:38.960] The officer said, no, I'm not going to do that. [01:16:38.960 --> 01:16:39.960] So I wanted this to... [01:16:39.960 --> 01:16:41.960] I'll take care of it a couple more things, please. [01:16:41.960 --> 01:16:42.960] Okay. [01:16:42.960 --> 01:16:43.960] Well, you've got to be quick, Walt. [01:16:43.960 --> 01:16:45.960] I've got other people behind you here, okay? [01:16:45.960 --> 01:16:48.960] So you hang on, and we'll finish this up on the other side. [01:16:48.960 --> 01:16:49.960] All right, folks. [01:16:49.960 --> 01:16:51.960] 512-646-1984. [01:16:51.960 --> 01:16:53.960] We'll be right back. [01:17:00.960 --> 01:17:04.960] At Capital Coin and Bullion, our mission is to be your preferred shopping destination [01:17:04.960 --> 01:17:08.960] by delivering excellent customer service and outstanding value at an affordable price. 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[01:18:50.960 --> 01:18:59.960] Get your jar of My Magic Mud today at Brave New Books, located at 1904 Guadalupe Street, or order online today at MyMagicMud.com. [01:18:59.960 --> 01:19:21.960] This is the Logos Lafogos Radio Network. [01:19:29.960 --> 01:19:51.960] Hi folks, we are back. [01:19:51.960 --> 01:19:52.960] This is Rule of All Radio. [01:19:52.960 --> 01:19:54.960] We're talking to Walt in New York. [01:19:54.960 --> 01:19:55.960] Okay, Walt. [01:19:55.960 --> 01:19:57.960] All right, just a few things here. [01:19:57.960 --> 01:19:59.960] Eddie, first of all, I think the judge took off. [01:19:59.960 --> 01:20:01.960] He didn't know how to deal with it. [01:20:01.960 --> 01:20:02.960] And we showed up. [01:20:02.960 --> 01:20:03.960] We got proof. [01:20:03.960 --> 01:20:04.960] I don't want to go back. [01:20:04.960 --> 01:20:08.960] And the other thing is, what about where they cut off the phone conversation and counsel? [01:20:08.960 --> 01:20:09.960] That's serious. [01:20:09.960 --> 01:20:12.960] And what about the stolen car at the impound place? [01:20:12.960 --> 01:20:15.960] So what do you think about some of these things? [01:20:15.960 --> 01:20:20.960] Well, again, if you leave the car there, you're going to lose it. [01:20:20.960 --> 01:20:24.960] Because if you can't afford to pay the impound fees to get it out, [01:20:24.960 --> 01:20:28.960] then you're not prepared to be taking it down the road for the fight that's going to follow. [01:20:28.960 --> 01:20:30.960] That's just common sense, Walt. [01:20:30.960 --> 01:20:35.960] I know, but they know that there was no law broke in the impound area. [01:20:35.960 --> 01:20:37.960] They don't know any such thing. [01:20:37.960 --> 01:20:39.960] You are making presumptions. [01:20:39.960 --> 01:20:42.960] You need to quit doing that. [01:20:42.960 --> 01:20:43.960] All right. [01:20:43.960 --> 01:20:44.960] Okay? [01:20:44.960 --> 01:20:49.960] If you don't get the car out, you're going to lose it. [01:20:49.960 --> 01:20:55.960] Then you've got to figure out where you're going to get the money to sue them for taking the car. [01:20:55.960 --> 01:20:58.960] Then you've got to figure out how you're going to get the money to pay [01:20:58.960 --> 01:21:02.960] whatever fees are necessary to do everything else to sue them. [01:21:02.960 --> 01:21:04.960] You follow? [01:21:04.960 --> 01:21:05.960] Yes. [01:21:05.960 --> 01:21:09.960] If you're going to let money be the reason you're not prepared to make this fight, [01:21:09.960 --> 01:21:12.960] then you're not prepared to make it anyway, no matter what you know. [01:21:12.960 --> 01:21:14.960] Well, I get along with the money I had. [01:21:14.960 --> 01:21:17.960] But what I'd ask you, what about what they did with the phone? [01:21:17.960 --> 01:21:20.960] What about the judge delegating authority? [01:21:20.960 --> 01:21:22.960] Okay, again, I wasn't there. [01:21:22.960 --> 01:21:24.960] I don't know why he turned the phone off. [01:21:24.960 --> 01:21:29.960] It could have very simply been, what did they do with the kid after that? [01:21:29.960 --> 01:21:30.960] Well, he was released. [01:21:30.960 --> 01:21:33.960] He went home with his mother. [01:21:33.960 --> 01:21:36.960] Okay, so she came and got him? [01:21:36.960 --> 01:21:37.960] They took him to the police station? [01:21:37.960 --> 01:21:38.960] What? [01:21:38.960 --> 01:21:40.960] No, no, they was right at the scene there. [01:21:40.960 --> 01:21:41.960] They just let him go. [01:21:41.960 --> 01:21:42.960] But here's what I said. [01:21:42.960 --> 01:21:45.960] The cops secretly were whispering, and they didn't know I was listening to it. [01:21:45.960 --> 01:21:47.960] They know they weren't supposed to do that, Eddie, because... [01:21:47.960 --> 01:21:50.960] They know they weren't supposed to do what? [01:21:50.960 --> 01:21:53.960] Shut off the phone. [01:21:53.960 --> 01:21:57.960] Again, Walt, you're making presumptions here. [01:21:57.960 --> 01:21:59.960] Well, that's a glip for the city of Boston. [01:21:59.960 --> 01:22:02.960] You know, public officials, you have said it yourself many times, Eddie. [01:22:02.960 --> 01:22:03.960] They had the right to record it. [01:22:03.960 --> 01:22:04.960] He was receiving... [01:22:04.960 --> 01:22:08.960] They can't arrest you and charge you with a crime for recording. [01:22:08.960 --> 01:22:13.960] But if you left the recording device unattended, you can't charge them with turning it off. [01:22:13.960 --> 01:22:15.960] You see the problem here? [01:22:15.960 --> 01:22:17.960] Well, what about the right to counsel? [01:22:17.960 --> 01:22:19.960] They were blocking that. [01:22:19.960 --> 01:22:21.960] What? [01:22:21.960 --> 01:22:26.960] All right, I was giving him counsel, and he blocked at the police, Eddie. [01:22:26.960 --> 01:22:33.960] Okay, when he calls you not his legal counsel, when he calls you anything else, [01:22:33.960 --> 01:22:36.960] they're not duty-bound to honor that, Walt. [01:22:36.960 --> 01:22:38.960] Now, the fact that he's... [01:22:38.960 --> 01:22:39.960] What's a minor in New York? [01:22:39.960 --> 01:22:40.960] Is it 15? [01:22:40.960 --> 01:22:41.960] Is it 16? [01:22:41.960 --> 01:22:43.960] Is it 18? [01:22:43.960 --> 01:22:44.960] What's a minor? [01:22:44.960 --> 01:22:45.960] It might be... [01:22:45.960 --> 01:22:46.960] I don't know. [01:22:46.960 --> 01:22:47.960] What's a minor, Gene? [01:22:47.960 --> 01:22:48.960] What year? [01:22:48.960 --> 01:22:49.960] No. [01:22:49.960 --> 01:22:50.960] Here in Texas? [01:22:50.960 --> 01:22:51.960] Under 18. [01:22:51.960 --> 01:22:52.960] Under 18 is a minor. [01:22:52.960 --> 01:22:53.960] Okay. [01:22:53.960 --> 01:22:56.960] So why do you just invoke that? [01:22:56.960 --> 01:22:57.960] I'm underage. [01:22:57.960 --> 01:23:01.960] I can't answer any questions without an adult present and blah, blah, blah. [01:23:01.960 --> 01:23:05.960] For legal purposes, are you sure it's 18? [01:23:05.960 --> 01:23:06.960] I'm not sure. [01:23:06.960 --> 01:23:08.960] Okay. [01:23:08.960 --> 01:23:14.960] So again, I can't answer some of the questions as to why the cop did this, that, or the other. [01:23:14.960 --> 01:23:16.960] Can you charge him or sue him for it? [01:23:16.960 --> 01:23:18.960] I don't see how. [01:23:18.960 --> 01:23:19.960] Okay. [01:23:19.960 --> 01:23:24.960] Now, as far as the impound yard with the car, sure, but you're still going to have to take [01:23:24.960 --> 01:23:25.960] them to court. [01:23:25.960 --> 01:23:27.960] You're still going to need money to do that, and they're still going to be trying to rack [01:23:27.960 --> 01:23:29.960] up fees while you're suing them. [01:23:29.960 --> 01:23:31.960] You're still going to lose the car. [01:23:31.960 --> 01:23:37.960] Until you actually lose the property or pay the fee to get it out, you don't have a claim [01:23:37.960 --> 01:23:41.960] because you can't demonstrate your harm. [01:23:41.960 --> 01:23:43.960] You follow? [01:23:43.960 --> 01:23:44.960] I'm listening. [01:23:44.960 --> 01:23:45.960] Now, this is the final thing. [01:23:45.960 --> 01:23:47.960] What about two things finally? [01:23:47.960 --> 01:23:48.960] This is it. [01:23:48.960 --> 01:23:50.960] The judge left early. [01:23:50.960 --> 01:23:51.960] He left at the... [01:23:51.960 --> 01:23:52.960] Whoa, whoa, whoa, whoa. [01:23:52.960 --> 01:23:57.960] What are the normal office hours of the court, Walt? [01:23:57.960 --> 01:23:59.960] It says 6 o'clock on the... [01:23:59.960 --> 01:24:02.960] Now, I'm not asking you what's printed on the document you got. [01:24:02.960 --> 01:24:07.960] I'm asking you what are the normal hours of that court. [01:24:07.960 --> 01:24:08.960] All right. [01:24:08.960 --> 01:24:12.960] That deputy said from 5 to 6. [01:24:12.960 --> 01:24:15.960] The court opens at 5 a.m. [01:24:15.960 --> 01:24:16.960] Well, here's the thing. [01:24:16.960 --> 01:24:21.960] They knew the tickets were printed wrong, and they left the offices there to deal with [01:24:21.960 --> 01:24:25.960] people coming supposedly late when they're not really late, and the judge should be there [01:24:25.960 --> 01:24:26.960] then. [01:24:26.960 --> 01:24:27.960] Okay. [01:24:27.960 --> 01:24:28.960] Wait, wait, wait, wait, wait. [01:24:28.960 --> 01:24:32.960] He wasn't there to deal with people supposedly coming late. [01:24:32.960 --> 01:24:36.960] The way you're saying it makes it sound like you think that he was there to charge them [01:24:36.960 --> 01:24:39.960] with something else for, like, failure to appear. [01:24:39.960 --> 01:24:40.960] No, no. [01:24:40.960 --> 01:24:41.960] I'm not saying that. [01:24:41.960 --> 01:24:42.960] Okay. [01:24:42.960 --> 01:24:48.960] Again, what is a misprint on the letter have to do with what are the actual normal business [01:24:48.960 --> 01:24:49.960] hours of the court? [01:24:49.960 --> 01:24:55.960] You're telling me that court is only open one freaking hour a day from 5 p.m. to 6 p.m.? [01:24:55.960 --> 01:24:57.960] That's what the deputy said when we were there. [01:24:57.960 --> 01:24:58.960] Really? [01:24:58.960 --> 01:25:01.960] Then how would people appear before 5? [01:25:01.960 --> 01:25:02.960] Right. [01:25:02.960 --> 01:25:03.960] You know what? [01:25:03.960 --> 01:25:04.960] I'll find it out. [01:25:04.960 --> 01:25:05.960] But here's my question. [01:25:05.960 --> 01:25:12.960] What about the judge delegating the cops judicial duties, and what about we showed up? [01:25:12.960 --> 01:25:13.960] Okay. [01:25:13.960 --> 01:25:16.960] You know that's not proper, Walt. [01:25:16.960 --> 01:25:20.960] Where did anybody give the cop the authority to act as a judicial officer for the taking [01:25:20.960 --> 01:25:22.960] and entering of a plea? [01:25:22.960 --> 01:25:26.960] Does the state constitution have a separation of powers that you can argue with on that? [01:25:26.960 --> 01:25:33.960] Is there a legislative statute that says cops can act as prosecutors, cops can do this, [01:25:33.960 --> 01:25:34.960] cops can do that? [01:25:34.960 --> 01:25:36.960] If not, then you got an argument. [01:25:36.960 --> 01:25:37.960] What's the question? [01:25:37.960 --> 01:25:39.960] I'm just asking what you thought of it. [01:25:39.960 --> 01:25:40.960] That's all. [01:25:40.960 --> 01:25:44.960] Well, I think it's wrong if there's nothing in the constitution that authorizes an officer [01:25:44.960 --> 01:25:45.960] to do that. [01:25:45.960 --> 01:25:46.960] It specifically prohibits it. [01:25:46.960 --> 01:25:47.960] All right. [01:25:47.960 --> 01:25:48.960] Last question. [01:25:48.960 --> 01:25:49.960] We showed up. [01:25:49.960 --> 01:25:52.960] The judge was gone. [01:25:52.960 --> 01:25:55.960] We didn't make a plea. [01:25:55.960 --> 01:25:59.960] What do you think now is going to happen next regarding these tickets? [01:25:59.960 --> 01:26:00.960] I have no idea. [01:26:00.960 --> 01:26:04.960] I don't know what the procedures in this court for that type of stuff is, but most likely [01:26:04.960 --> 01:26:07.960] what's going to happen is they're going to mail you some sort of notice to appear in [01:26:07.960 --> 01:26:12.960] court again. [01:26:12.960 --> 01:26:17.960] And you're going to pursue that, that the Austin violated law when he didn't? [01:26:17.960 --> 01:26:24.960] Again, I don't know what they're going to presume, Walt, but I can guarantee you that [01:26:24.960 --> 01:26:36.960] if they really want to press the issue, your presumptions ain't going to matter to them. [01:26:36.960 --> 01:26:37.960] All right. [01:26:37.960 --> 01:26:40.960] I just know my conscience is telling me everything is wrong, what's going on. [01:26:40.960 --> 01:26:44.960] Well, of course it's wrong, but you're not asking me to tell you whether it's all right [01:26:44.960 --> 01:26:45.960] or wrong. [01:26:45.960 --> 01:26:47.960] It's what they're going to do. [01:26:47.960 --> 01:26:48.960] Okay. [01:26:48.960 --> 01:26:51.960] We know it's wrong. [01:26:51.960 --> 01:26:52.960] Yeah. [01:26:52.960 --> 01:26:58.960] And about this final comment, Eddie, I think they may not send anything. [01:26:58.960 --> 01:27:03.960] Well, if they don't, great, but you're still going to lose your car. [01:27:03.960 --> 01:27:07.960] Well, we'll figure out a way to go after that. [01:27:07.960 --> 01:27:08.960] Okay. [01:27:08.960 --> 01:27:09.960] Good luck. [01:27:09.960 --> 01:27:10.960] All right. [01:27:10.960 --> 01:27:11.960] All right. [01:27:11.960 --> 01:27:12.960] Okay. [01:27:12.960 --> 01:27:13.960] All right. [01:27:13.960 --> 01:27:15.960] Now we're going to go to Jim in Washington. [01:27:15.960 --> 01:27:17.960] Jim, what can we do for you? [01:27:17.960 --> 01:27:18.960] Hi. [01:27:18.960 --> 01:27:19.960] How are you, Eddie? [01:27:19.960 --> 01:27:20.960] I'm good. [01:27:20.960 --> 01:27:21.960] I'm good. [01:27:21.960 --> 01:27:28.960] Well, I was pulled over, I'm assuming, for speeding. [01:27:28.960 --> 01:27:31.960] The officer asked to see my license. [01:27:31.960 --> 01:27:37.960] I respectfully told him I was traveling and I didn't need a license, [01:27:37.960 --> 01:27:41.960] and I refused to show him my license up until the point where he told me to get out of the car [01:27:41.960 --> 01:27:42.960] and he was putting me under arrest. [01:27:42.960 --> 01:27:43.960] Okay. [01:27:43.960 --> 01:27:45.960] Can I ask a question before you go any further? [01:27:45.960 --> 01:27:46.960] Yes. [01:27:46.960 --> 01:27:49.960] Have you read my transportation script? [01:27:49.960 --> 01:27:50.960] Yes, I have. [01:27:50.960 --> 01:27:52.960] Then what the hell is wrong with you? [01:27:52.960 --> 01:27:55.960] What do you mean, sir? [01:27:55.960 --> 01:27:56.960] I don't need a license. [01:27:56.960 --> 01:27:59.960] I ain't going to show it to you. [01:27:59.960 --> 01:28:03.960] What's wrong with the other part of the script which says, [01:28:03.960 --> 01:28:07.960] Officer, can any of the information you're demanding from me be used against me in a court of law [01:28:07.960 --> 01:28:09.960] or to potentially incriminate me in any way? [01:28:09.960 --> 01:28:13.960] If so, then I must respectfully refuse and invoke my right to remain silent, [01:28:13.960 --> 01:28:18.960] my right to assistance of counsel so that I may properly answer your questions with proper legal advice. [01:28:18.960 --> 01:28:24.960] Anything along that line would work just great rather than, I don't need it, you can't have it. [01:28:24.960 --> 01:28:26.960] Follow? [01:28:26.960 --> 01:28:27.960] Follow. [01:28:27.960 --> 01:28:28.960] I didn't have it with me. [01:28:28.960 --> 01:28:33.960] It had been a few months since I read it, and I was doing the best I could do without it. [01:28:33.960 --> 01:28:37.960] Ah, but sometimes that ain't going to be enough now, is it? [01:28:37.960 --> 01:28:39.960] I understand. [01:28:39.960 --> 01:28:44.960] That was why I was calling to find out if I still could challenge subject matter jurisdiction. [01:28:44.960 --> 01:28:45.960] Sure, you can still challenge it. [01:28:45.960 --> 01:28:48.960] As long as you didn't give him anything he could use against you. [01:28:48.960 --> 01:28:54.960] But the problem is, is you don't have a record to show to the jury why you properly refused. [01:28:54.960 --> 01:28:56.960] Okay. [01:28:56.960 --> 01:29:02.960] All you've got is a video that shows you telling the cop what his job is, [01:29:02.960 --> 01:29:07.960] not how he's violating your rights by making such demands, right? [01:29:07.960 --> 01:29:10.960] Okay, right. [01:29:10.960 --> 01:29:13.960] Well, that was the reason for my call because I knew I hadn't handled it quite properly, [01:29:13.960 --> 01:29:20.960] and my main question was if I produce the license at the point where he says he's putting me under arrest, [01:29:20.960 --> 01:29:25.960] do I still have a legal leg to stand on as far as subject matter jurisdiction? [01:29:25.960 --> 01:29:36.960] No, because once you produce that license you made the subject matter a jurisdictional issue in their favor, not yours. [01:29:36.960 --> 01:29:39.960] So you have to let them arrest you, not that or over else. [01:29:39.960 --> 01:29:44.960] You don't have a claim of harm until they've harmed you, and the arrest and the imprisonment [01:29:44.960 --> 01:29:48.960] or anything associated with it is such a harm. [01:29:48.960 --> 01:29:51.960] Okay, hang on just a second. We'll take a break and I'll finish up with you on the other side. [01:29:51.960 --> 01:29:58.960] 512-646-1984, folks. We'll be right back. [01:29:58.960 --> 01:30:10.960] Brazil's government is taking a jackbooted stomp in the wrong direction, mandating locator spy chips for every vehicle in the country. [01:30:10.960 --> 01:30:15.960] I'm Dr. Catherine Albrecht, back with details on this Orwellian tracking scheme next. [01:30:15.960 --> 01:30:21.960] Privacy is under attack. When you give up data about yourself, you'll never get it back again. [01:30:21.960 --> 01:30:26.960] And once your privacy is gone, you'll find your freedoms will start to vanish too. [01:30:26.960 --> 01:30:31.960] So protect your rights. Say no to surveillance and keep your information to yourself. [01:30:31.960 --> 01:30:34.960] Privacy, it's worth hanging on to. [01:30:34.960 --> 01:30:41.960] This message is brought to you by Startpage.com, the private search engine alternative to Google, Yahoo, and Bing. [01:30:41.960 --> 01:30:45.960] Start over with Startpage. [01:30:45.960 --> 01:30:47.960] Here's a headline that gives me road rage. [01:30:47.960 --> 01:30:56.960] Brazil, the world's fourth largest auto market, has announced that soon all vehicles must contain radio frequency ID spy chips or be impounded. [01:30:56.960 --> 01:31:03.960] The microchips will go in windshields and transmit the make, model, fuel type, license plate number, and year of manufacture. [01:31:03.960 --> 01:31:11.960] The government promises the spy chips won't contain personal data, but with a unique ID in each one, it will be easy for cops to make the connection. 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[01:32:55.960 --> 01:32:58.960] Or visit microplantpowder.com. [01:32:58.960 --> 01:33:08.960] You're listening to the Logos Radio Network at LogosRadioNetwork.com. [01:33:08.960 --> 01:33:24.960] All right, folks. [01:33:24.960 --> 01:33:25.960] We're back. [01:33:25.960 --> 01:33:28.960] This is the Rule of Law Radio, and we're talking to Jim in Washington. [01:33:28.960 --> 01:33:30.960] All right, Jim, continue. [01:33:30.960 --> 01:33:31.960] Okay. [01:33:31.960 --> 01:33:38.960] Well, I guess my main question is, the point he told me to get out of the vehicle, I was [01:33:38.960 --> 01:33:39.960] under arrest. [01:33:39.960 --> 01:33:42.960] Does that not constitute being under arrest and he violated my rights at that point? [01:33:42.960 --> 01:33:44.960] I didn't say it didn't. [01:33:44.960 --> 01:33:48.960] What I'm talking about is you don't have a record that accurately demonstrates he is [01:33:48.960 --> 01:33:54.960] now punishing you for doing only that, invoking your rights. [01:33:54.960 --> 01:33:55.960] Okay. [01:33:55.960 --> 01:33:56.960] All right. [01:33:56.960 --> 01:33:57.960] Okay. [01:33:57.960 --> 01:34:01.960] Well, that was my main concern was whether I would still be able to challenge subject [01:34:01.960 --> 01:34:02.960] matter jurisdiction. [01:34:02.960 --> 01:34:07.960] You can, but you would have stood a lot better chance if you had stuck with the script on [01:34:07.960 --> 01:34:12.960] challenging the violation of your rights to comply with his demands. [01:34:12.960 --> 01:34:13.960] Right. [01:34:13.960 --> 01:34:14.960] Okay. [01:34:14.960 --> 01:34:15.960] All right. [01:34:15.960 --> 01:34:18.960] Well, for future reference, I'm going to carry a copy of that script in my hand. [01:34:18.960 --> 01:34:19.960] There you go. [01:34:19.960 --> 01:34:21.960] Printers are wonderful things. [01:34:21.960 --> 01:34:22.960] Yes, they are. [01:34:22.960 --> 01:34:23.960] All right. [01:34:23.960 --> 01:34:24.960] Thank you, Eddie. [01:34:24.960 --> 01:34:25.960] Thank you. [01:34:25.960 --> 01:34:26.960] Bye-bye. [01:34:26.960 --> 01:34:27.960] Bye-bye. [01:34:27.960 --> 01:34:28.960] All right. [01:34:28.960 --> 01:34:29.960] Now we're going to go to Deliverance in Oregon. [01:34:29.960 --> 01:34:32.960] I'm not really sure how that would play out, but let's go. [01:34:32.960 --> 01:34:35.960] At least it ain't in Arkansas. [01:34:35.960 --> 01:34:36.960] Deliverance? [01:34:36.960 --> 01:34:37.960] Hello. [01:34:37.960 --> 01:34:42.960] How are you today? [01:34:42.960 --> 01:34:43.960] I'm good. [01:34:43.960 --> 01:34:48.960] There's no dueling banjos in the background, but otherwise I'm great. [01:34:48.960 --> 01:34:52.960] That movie should have been called Vengeance, not Deliverance. [01:34:52.960 --> 01:34:53.960] But I digress. [01:34:53.960 --> 01:34:54.960] Okay. [01:34:54.960 --> 01:34:59.960] I have a couple of questions for you regarding a red light ticket. [01:34:59.960 --> 01:35:09.960] So, basically, I got a notice in the mail, and I was supposed to respond to it. [01:35:09.960 --> 01:35:13.960] I went to the courthouse, and I didn't want to pay any money or whatever. [01:35:13.960 --> 01:35:16.960] So, they just said, please not guilty. [01:35:16.960 --> 01:35:17.960] That's what I did. [01:35:17.960 --> 01:35:19.960] And then they set a court date. [01:35:19.960 --> 01:35:28.960] So, I've got a court date, and I have a few ideas I wanted you to kind of tell me your [01:35:28.960 --> 01:35:30.960] expert opinion on it, whether you agree or not. [01:35:30.960 --> 01:35:32.960] And then I had a couple questions. [01:35:32.960 --> 01:35:33.960] Okay. [01:35:33.960 --> 01:35:34.960] So, basically, I'm going in. [01:35:34.960 --> 01:35:43.960] My focus, I feel like, would be I want to focus in on the failure to establish foundational [01:35:43.960 --> 01:35:44.960] evidence. [01:35:44.960 --> 01:35:47.960] Which you believe to be what? [01:35:47.960 --> 01:35:56.960] Which I believe they're going to use the citation they sent me, which has four pictures [01:35:56.960 --> 01:36:01.960] on it that are all in separate different pictures. [01:36:01.960 --> 01:36:05.960] One is a close-up of me in a car. [01:36:05.960 --> 01:36:10.960] The other one is a close-up of the very back of my car, which is a license plate. [01:36:10.960 --> 01:36:18.960] And then there are two separate pictures that are far away of a red car turning a corner [01:36:18.960 --> 01:36:22.960] at a red light. [01:36:22.960 --> 01:36:27.960] There's no way to say that is my car. [01:36:27.960 --> 01:36:29.960] You can't even read the license plate. [01:36:29.960 --> 01:36:34.960] It's just a red car making a turn at that light. [01:36:34.960 --> 01:36:38.960] You can't see the plate in any of those pictures. [01:36:38.960 --> 01:36:46.960] In the, you can see the plate in one of the close-up pictures, and then in the one that's [01:36:46.960 --> 01:36:52.960] far away, you can tell that the car has a license plate, but you cannot read it. [01:36:52.960 --> 01:36:53.960] Okay. [01:36:53.960 --> 01:36:54.960] It's like a... [01:36:54.960 --> 01:37:01.960] So how would the one that's far away be any refutation of the other three? [01:37:01.960 --> 01:37:03.960] How? [01:37:03.960 --> 01:37:05.960] I'm not sure what you mean. [01:37:05.960 --> 01:37:12.960] How would the one be able to be used to refute the other three? [01:37:12.960 --> 01:37:16.960] Just that it's a red car. [01:37:16.960 --> 01:37:17.960] Okay. [01:37:17.960 --> 01:37:21.960] But does any of the other three show a red car? [01:37:21.960 --> 01:37:22.960] It does. [01:37:22.960 --> 01:37:24.960] Okay. [01:37:24.960 --> 01:37:30.960] Is there any characteristics between the far away picture and the other pictures to show [01:37:30.960 --> 01:37:37.960] that they're potentially the same car? [01:37:37.960 --> 01:37:40.960] You can't see any characteristics in the other car. [01:37:40.960 --> 01:37:41.960] Okay. [01:37:41.960 --> 01:37:48.960] So even if you threw out that one picture entirely, what does it leave you with? [01:37:48.960 --> 01:37:56.960] It leaves you with another picture of a car turning a corner, and then the other two [01:37:56.960 --> 01:37:58.960] pictures are just close-ups. [01:37:58.960 --> 01:38:00.960] It doesn't show an intersection. [01:38:00.960 --> 01:38:07.960] It just shows two pictures of a red car with two people in it. [01:38:07.960 --> 01:38:08.960] Okay. [01:38:08.960 --> 01:38:12.960] So what foundational evidence are you arguing? [01:38:12.960 --> 01:38:24.960] Well, I'm arguing that, first off, the evidence being that this is hearsay because the cop [01:38:24.960 --> 01:38:32.960] didn't claim that to his best knowledge that this is me, and I violated some law based [01:38:32.960 --> 01:38:34.960] on these pictures. [01:38:34.960 --> 01:38:41.960] And he wasn't there to actually take the pictures or to film the event. [01:38:41.960 --> 01:38:48.960] It's something that he is going off of by some, you know, city, I don't know who, [01:38:48.960 --> 01:38:50.960] Xerox owns the camera. [01:38:50.960 --> 01:38:52.960] So they, I guess, have a... [01:38:52.960 --> 01:38:54.960] Right. [01:38:54.960 --> 01:38:56.960] Well, let me tell you how they're going to try to do this. [01:38:56.960 --> 01:39:00.960] They're going to try to get the officer to testify to some amount of training that he [01:39:00.960 --> 01:39:04.960] has in relation to the way the camera works. [01:39:04.960 --> 01:39:10.960] Even if he isn't actually working the cameras, he has to be able to explain to some degree [01:39:10.960 --> 01:39:13.960] how the camera works. [01:39:13.960 --> 01:39:15.960] Okay? [01:39:15.960 --> 01:39:23.960] Now, if the way that you would go about forcing him to prove he doesn't understand how the [01:39:23.960 --> 01:39:33.960] camera works is to describe the physical components that relay the information through the entire [01:39:33.960 --> 01:39:38.960] process, which he won't be able to do, except in extremely general terms if he even goes [01:39:38.960 --> 01:39:39.960] that far. [01:39:39.960 --> 01:39:46.960] You can tell him to hand calculate using the same algorithm that the camera uses to compute [01:39:46.960 --> 01:39:52.960] distance, location, and all these things of taking pictures and all this so that it supposedly [01:39:52.960 --> 01:39:54.960] identifies the correct car. [01:39:54.960 --> 01:40:00.960] You make him explain every single aspect of the process. [01:40:00.960 --> 01:40:05.960] And when he cannot do it with 100% accuracy, which, of course, he's not going to be able to [01:40:05.960 --> 01:40:09.960] do, you can argue that the information isn't accurate. [01:40:09.960 --> 01:40:16.960] But the problem is in all of these, what are you having to do? [01:40:16.960 --> 01:40:19.960] Prove that I'm not guilty? [01:40:19.960 --> 01:40:21.960] Yeah, that's one thing. [01:40:21.960 --> 01:40:23.960] But what else? [01:40:23.960 --> 01:40:28.960] You're having to go to the merits of the accusation, aren't you? [01:40:28.960 --> 01:40:29.960] Okay, yeah. [01:40:29.960 --> 01:40:30.960] Okay. [01:40:30.960 --> 01:40:36.960] So in a merits argument, you're going to always lose because once you start arguing merits, [01:40:36.960 --> 01:40:40.960] you're arguing statute and you're making the statutes applicable. [01:40:40.960 --> 01:40:45.960] All they have to do is show the conditions are correct and you lose. [01:40:45.960 --> 01:40:48.960] It doesn't have to show that you're right or you're wrong, just that the conditions are [01:40:48.960 --> 01:40:52.960] correct under the statute. [01:40:52.960 --> 01:40:53.960] You follow? [01:40:53.960 --> 01:40:54.960] Okay. [01:40:54.960 --> 01:40:59.960] So yeah, but I guess I don't really understand, like, if in the first place. [01:40:59.960 --> 01:41:09.960] I guess the other thing, too, that I was going to focus on is just challenging that he is, [01:41:09.960 --> 01:41:15.960] that the officer himself is a competent factual fact witness. [01:41:15.960 --> 01:41:16.960] Right. [01:41:16.960 --> 01:41:22.960] You're going to, you should raise the issue that the computer information is hearsay and [01:41:22.960 --> 01:41:26.960] that the officer is not allowed to testify to hearsay information. [01:41:26.960 --> 01:41:32.960] And if you will send me an email at eddie, E-D-D-I-E at rule of law radio, I'll be happy [01:41:32.960 --> 01:41:37.960] to send you the case law I have on the fact that computer information that the officer [01:41:37.960 --> 01:41:42.960] has no direct personal firsthand knowledge of is hearsay and they cannot testify to it [01:41:42.960 --> 01:41:44.960] regardless of the source. [01:41:44.960 --> 01:41:45.960] Okay. [01:41:45.960 --> 01:41:50.960] So you can have the computer information, which is the citation and everything that [01:41:50.960 --> 01:41:57.960] came with it out of the computer suppressed, and you do that by making a motion to suppress [01:41:57.960 --> 01:42:01.960] the evidence of the citation and so on and so forth because it's hearsay. [01:42:01.960 --> 01:42:05.960] But you have to set that up by asking the officer, officer, did you personally take [01:42:05.960 --> 01:42:07.960] these pictures? [01:42:07.960 --> 01:42:12.960] Officer, did you personally enter the data that appears on this citation? [01:42:12.960 --> 01:42:17.960] Did you personally access the information and retrieve it from the database as it appears [01:42:17.960 --> 01:42:19.960] on this citation? [01:42:19.960 --> 01:42:24.960] When he testifies, he has no direct personal knowledge of any of the information, then [01:42:24.960 --> 01:42:28.960] you can move to have it suppressed as hearsay. [01:42:28.960 --> 01:42:29.960] Okay. [01:42:29.960 --> 01:42:36.960] That way you're not going to Merritt's and you're proving he doesn't know. [01:42:36.960 --> 01:42:38.960] Right. [01:42:38.960 --> 01:42:44.960] And at that point, would that bring in what we were talking about before, you know, asking [01:42:44.960 --> 01:42:46.960] about how the cameras work? [01:42:46.960 --> 01:42:47.960] No. [01:42:47.960 --> 01:42:49.960] Now you're trying to get to Merritt's again. [01:42:49.960 --> 01:42:52.960] You don't want to go down that road. [01:42:52.960 --> 01:42:56.960] Once you establish that the information from the camera is hearsay, it doesn't matter how [01:42:56.960 --> 01:43:00.960] the camera works or what the process is. [01:43:00.960 --> 01:43:01.960] You follow? [01:43:01.960 --> 01:43:02.960] Right. [01:43:02.960 --> 01:43:05.960] He can't use anything the camera gave him. [01:43:05.960 --> 01:43:06.960] So you weren't there. [01:43:06.960 --> 01:43:08.960] No, you didn't see it. [01:43:08.960 --> 01:43:13.960] No, you can't positively identify the defendant except from a picture that is inadmissible. [01:43:13.960 --> 01:43:14.960] Is that correct? [01:43:14.960 --> 01:43:15.960] No. [01:43:15.960 --> 01:43:19.960] No, you didn't see the defendant in the car run a red light. [01:43:19.960 --> 01:43:20.960] No. [01:43:20.960 --> 01:43:23.960] Then you have no case. [01:43:23.960 --> 01:43:25.960] You see? [01:43:25.960 --> 01:43:30.960] All you have to do is get the citation and everything the camera produced inadmissible [01:43:30.960 --> 01:43:36.960] by suppression as hearsay and the rest of it falls into place. [01:43:36.960 --> 01:43:39.960] Okay. [01:43:39.960 --> 01:43:46.960] Yeah, you'll be able to download the archive of this show tomorrow at the latest probably. [01:43:46.960 --> 01:43:50.960] So all you can do is just go back to this part of the show and re-listen to everything [01:43:50.960 --> 01:43:53.960] we discussed and make your questions based on that, okay? [01:43:53.960 --> 01:43:56.960] But go ahead and send me an email and I'll send you the case law, all right? [01:43:56.960 --> 01:43:57.960] Thank you. [01:43:57.960 --> 01:43:58.960] You're welcome. [01:43:58.960 --> 01:43:59.960] We'll be right back. [01:43:59.960 --> 01:44:03.960] Do you feel tired when talking about important topics like money and politics? [01:44:03.960 --> 01:44:04.960] Sorry. 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[01:45:14.960 --> 01:45:18.960] If you have a lawyer, know what your lawyer should be doing. [01:45:18.960 --> 01:45:22.960] If you don't have a lawyer, know what you should do for yourself. [01:45:22.960 --> 01:45:27.960] Thousands have won with our step-by-step course and now you can too. [01:45:27.960 --> 01:45:34.960] Jurisdictionary was created by a licensed attorney with 22 years of case-winning experience. [01:45:34.960 --> 01:45:38.960] Even if you're not in a lawsuit, you can learn what everyone should understand [01:45:38.960 --> 01:45:43.960] about the principles and practices that control our American courts. [01:45:43.960 --> 01:45:49.960] You'll receive our audio classroom, video seminar, tutorials, forms for civil cases, [01:45:49.960 --> 01:46:01.960] pro se tactics, and much more. Please visit ruleoflawradio.com and click on the banner or call toll-free, 866-LAW-EZ. [01:46:01.960 --> 01:46:22.960] All right, folks, we are back. This is Rule of Law Radio. [01:46:22.960 --> 01:46:27.960] We've got, oh, it's our last segment and we are still talking with Deliverance in Oregon. [01:46:27.960 --> 01:46:30.960] Okay, was there anything else that you had? [01:46:30.960 --> 01:46:41.960] Yeah, I did. As far as going through and asking, he would be presenting himself as a valid accuser, is that correct? [01:46:41.960 --> 01:46:49.960] Well, again, is there anything that's been filed in your case other than the citation? [01:46:49.960 --> 01:46:52.960] Who signed the actual complaint? [01:46:52.960 --> 01:47:02.960] And not only that, in Oregon, are these civil or are these criminal? [01:47:02.960 --> 01:47:06.960] That's the other thing you need to know. [01:47:06.960 --> 01:47:08.960] So if they're civil... [01:47:08.960 --> 01:47:14.960] If they're civil for the citation and the complaint not... [01:47:14.960 --> 01:47:22.960] Well, see, the thing about it is, if they're civil, then where is the formal complaint that's been filed with the court [01:47:22.960 --> 01:47:30.960] and signed off on by some party as suffering an injury for which they have the right to recover? [01:47:30.960 --> 01:47:38.960] See, that's their problem here, is they want to process these tickets based only upon the citation, [01:47:38.960 --> 01:47:50.960] yet there is no formal complaint in a civil matter of a party claiming harm on which they would have standing to base it in a civil matter. [01:47:50.960 --> 01:47:59.960] Yeah, this says complaint and summons, and it says use for all violations or crimes where a separate complaint will not be filed. [01:47:59.960 --> 01:48:08.960] Okay, you need to look in the Oregon statutes for red light camera and see how they are treated by the legislature. [01:48:08.960 --> 01:48:12.960] Are they designated as crimes or are they designated as civil? [01:48:12.960 --> 01:48:21.960] Because if they are civil, then I don't care what the citation says, the statutes say it's civil. [01:48:21.960 --> 01:48:23.960] You follow? [01:48:23.960 --> 01:48:27.960] Know what rules govern the game before you start to play. [01:48:27.960 --> 01:48:33.960] Don't be surprised when if you fail to read the rules, the rules get used against you. [01:48:33.960 --> 01:48:35.960] Right, and so then if it is civil... [01:48:35.960 --> 01:48:40.960] If it's civil, then you're going to demand a dismissal for failure of state of claim upon which relief can be granted. [01:48:40.960 --> 01:48:42.960] There's been no formal complaint. [01:48:42.960 --> 01:48:46.960] There's no one saying they suffered an injury through contract or any other thing. [01:48:46.960 --> 01:48:49.960] Who is claiming injury? [01:48:49.960 --> 01:48:57.960] And whoever that person is, they're the ones that better be in there to testify, not the cop. [01:48:57.960 --> 01:48:59.960] Okay. [01:48:59.960 --> 01:49:03.960] If it is criminal, then do what we discussed. [01:49:03.960 --> 01:49:04.960] Okay. [01:49:04.960 --> 01:49:05.960] Okay. [01:49:05.960 --> 01:49:06.960] Thank you. [01:49:06.960 --> 01:49:08.960] You're very welcome. [01:49:08.960 --> 01:49:10.960] All right, you have a good night. [01:49:10.960 --> 01:49:13.960] All right, now we're going to go to Mark in California. [01:49:13.960 --> 01:49:16.960] Mark, what can we do for you? [01:49:16.960 --> 01:49:17.960] Hey, Eddie, how you doing? [01:49:17.960 --> 01:49:19.960] I'm so far so great, I guess. [01:49:19.960 --> 01:49:20.960] That's good. [01:49:20.960 --> 01:49:21.960] That's good. [01:49:21.960 --> 01:49:25.960] I want to kind of make this real quick, Eddie, because then they'll probably call us after the... [01:49:25.960 --> 01:49:28.960] So let me kind of just get off into the story real quick. [01:49:28.960 --> 01:49:32.960] I watched your rule of law on Alex Jones' Prison Planet. [01:49:32.960 --> 01:49:44.960] I mean, basically what cops don't want you to know, and I downloaded and printed out your script to ask the officers. [01:49:44.960 --> 01:49:50.960] Back on May 3rd of this year, I was stopped by California Highway Patrol. [01:49:50.960 --> 01:49:52.960] And... [01:49:52.960 --> 01:49:57.960] Okay, California Highway Patrol for a traffic offense? [01:49:57.960 --> 01:50:00.960] Yes, but they never told me why they stopped me. [01:50:00.960 --> 01:50:01.960] Okay. [01:50:01.960 --> 01:50:10.960] And once I exited off of the freeway, I followed the officer's instructions over to PA. [01:50:10.960 --> 01:50:14.960] The officer got out and did a passenger side approach. [01:50:14.960 --> 01:50:15.960] I have fitted windows. [01:50:15.960 --> 01:50:19.960] He had asked me to lower my...roll my windows all the way down. [01:50:19.960 --> 01:50:31.960] And I remember from what was said in the script or what you had said on the video, don't let it down no more than two and a half inches because it creates that cross vent. [01:50:31.960 --> 01:50:32.960] Right. [01:50:32.960 --> 01:50:35.960] So basically this kind of created a whole big pit road. [01:50:35.960 --> 01:50:37.960] The officer backed up to his car. [01:50:37.960 --> 01:50:43.960] Next thing I know, I had the LAPD airship overhead and it was about 10 CHP officers. [01:50:43.960 --> 01:50:44.960] Well, yeah. [01:50:44.960 --> 01:50:51.960] In California, they get very upset when the sheeple don't follow their orders. [01:50:51.960 --> 01:50:52.960] Okay. [01:50:52.960 --> 01:50:58.960] And basically the...one of the officers, backup officers, he came. [01:50:58.960 --> 01:51:02.960] He pointed his firearm from his car at me. [01:51:02.960 --> 01:51:06.960] I kind of felt to get that on my video camera, but I got everything else. [01:51:06.960 --> 01:51:11.960] I requested for the supervisor, you know, kind of yelling out of my driver's window. [01:51:11.960 --> 01:51:13.960] Your what window? [01:51:13.960 --> 01:51:15.960] My driver's window. [01:51:15.960 --> 01:51:16.960] Your what window? [01:51:16.960 --> 01:51:24.960] You know, giving my traveler's window. [01:51:24.960 --> 01:51:27.960] You mean that left-hand window over there? [01:51:27.960 --> 01:51:29.960] Yes. [01:51:29.960 --> 01:51:31.960] All right. [01:51:31.960 --> 01:51:41.960] And so right about...the officer, Salus Moran, before the supervisor got there, he approached [01:51:41.960 --> 01:51:49.960] my automobile and I said, okay, I tell you what, just to calm things down, I'll roll [01:51:49.960 --> 01:51:55.960] the back passenger window down just a little bit so you can see that I'm the only person [01:51:55.960 --> 01:51:57.960] in my automobile and it's quickly going back up. [01:51:57.960 --> 01:51:59.960] He said, okay, it's fine. [01:51:59.960 --> 01:52:02.960] So I rolled it down and he seen that I was the only person in my automobile. [01:52:02.960 --> 01:52:04.960] He approached me and was like, hey, what's going on? [01:52:04.960 --> 01:52:07.960] So I started reading off the script to him and was like, hey, officer, going to get your [01:52:07.960 --> 01:52:09.960] name and your badge number and so on and so forth. [01:52:09.960 --> 01:52:10.960] He was like, okay. [01:52:10.960 --> 01:52:13.960] My name is Officer Moran and my badge number is 1450. [01:52:13.960 --> 01:52:17.960] And I, you know, asked him if it is...do you have audio video recording? [01:52:17.960 --> 01:52:19.960] He was like, yes, you know. [01:52:19.960 --> 01:52:25.960] And at this time, they started kind of using threats at me right before...a couple seconds [01:52:25.960 --> 01:52:31.960] before the sergeant got on scene and he was like, you know, get out the vehicle. [01:52:31.960 --> 01:52:33.960] I was like, hey, sir, you know, I'm not in the vehicle. [01:52:33.960 --> 01:52:34.960] I'm in the automobile. [01:52:34.960 --> 01:52:36.960] And he was like, well, don't make me get the K9 out there. [01:52:36.960 --> 01:52:40.960] I was like, hey, you can get whatever you want out here, but I'm not stepping out of [01:52:40.960 --> 01:52:41.960] my automobile. [01:52:41.960 --> 01:52:45.960] Well, at this time, the sergeant got on scene. [01:52:45.960 --> 01:52:51.960] He came up along the side, the passenger side of my automobile and he just kicked at it. [01:52:51.960 --> 01:52:53.960] And I did the same thing. [01:52:53.960 --> 01:52:55.960] I was like, hey, you know, can I get your name and your badge number? [01:52:55.960 --> 01:52:59.960] He was like, Sergeant Fleming, California Highway Patrol. [01:52:59.960 --> 01:53:01.960] This is my badge number. [01:53:01.960 --> 01:53:02.960] Okay. [01:53:02.960 --> 01:53:07.960] And he got off into this whole discussion about, you know, has the officer...the only [01:53:07.960 --> 01:53:12.960] reason I'm here is has the officers, have they abused you, so on and so forth. [01:53:12.960 --> 01:53:18.960] And I told him, I was like, hey, look, you know, sergeant, with all due respect, you [01:53:18.960 --> 01:53:24.960] know, I'm not engaged in commerce and I'm not striving. [01:53:24.960 --> 01:53:27.960] I'm just exercising my common law right. [01:53:27.960 --> 01:53:30.960] So he was kind of like, hey, look, you know, don't tell me how to do... [01:53:30.960 --> 01:53:36.960] Well, I told him, the only job at the California Highway Patrol is to enforce commercial [01:53:36.960 --> 01:53:38.960] motor vehicle law. [01:53:38.960 --> 01:53:44.960] And that's when I told him, you know, I'm exercising my common law right of travel. [01:53:44.960 --> 01:53:48.960] And I told him, you know, my rights cannot be converted into... [01:53:48.960 --> 01:53:53.960] So you're doing all the stuff the script tells you not to do. [01:53:53.960 --> 01:53:55.960] Okay. [01:53:55.960 --> 01:53:58.960] You're trying to educate the cop. [01:53:58.960 --> 01:54:01.960] Okay. [01:54:01.960 --> 01:54:02.960] Go ahead. [01:54:02.960 --> 01:54:06.960] I'm just trying to make sure I'm following along here. [01:54:06.960 --> 01:54:07.960] All right. [01:54:07.960 --> 01:54:15.960] So basically, they never told me why they stopped me, but just him and I, we were going [01:54:15.960 --> 01:54:16.960] back and forth. [01:54:16.960 --> 01:54:21.960] And then he was like, look, man, I'm about to place you under arrest for obstruction. [01:54:21.960 --> 01:54:27.960] And about after two minutes after he said that, he told, you know, the other highway [01:54:27.960 --> 01:54:35.960] patrolman, he said, hey, you know something, 1015, which is arrest, the 1015 for obstruction. [01:54:35.960 --> 01:54:39.960] And at this time, they came up, they were like, you know, these cops, they were kind [01:54:39.960 --> 01:54:48.960] of looking angry, you know, and they were like, you know, I had my front left window [01:54:48.960 --> 01:54:49.960] down. [01:54:49.960 --> 01:54:52.960] They were like, get off the vehicle, get off the vehicle. [01:54:52.960 --> 01:54:55.960] And I'm like, well, I don't know what to do. [01:54:55.960 --> 01:54:57.960] So I was like, no, I'm not stepping out. [01:54:57.960 --> 01:54:59.960] You know, you all are looking all angry. [01:54:59.960 --> 01:55:07.960] So one of the officers, he took like a center punch, he tapped my back left side passenger [01:55:07.960 --> 01:55:08.960] window. [01:55:08.960 --> 01:55:10.960] So I kind of rolled that down. [01:55:10.960 --> 01:55:15.960] And then another officer took his ass out and he was like, hey, Sarge, when you break [01:55:15.960 --> 01:55:16.960] it, he was like, yeah, break it. [01:55:16.960 --> 01:55:20.960] He ain't got nothing but the phone and that piece of paper that he's reading from me. [01:55:20.960 --> 01:55:26.960] So he went ahead and smashed my back left passenger window out. [01:55:26.960 --> 01:55:34.960] And then they opened my front left door to my automobile, grabbed me by the arm and I [01:55:34.960 --> 01:55:36.960] was, you know, I threw both arms up. [01:55:36.960 --> 01:55:40.960] I was like, hey, I don't consent, I don't consent to any purchase procedures of my person [01:55:40.960 --> 01:55:41.960] or my property. [01:55:41.960 --> 01:55:47.960] And they just kind of drugged me out and placed me under arrest, charged me with obstruction [01:55:47.960 --> 01:55:53.960] and charged me with another misdemeanor charge, which didn't make any sense, which was fraud, [01:55:53.960 --> 01:55:57.960] disobedience to a traffic officer under California Vehicle Code 2800. [01:55:57.960 --> 01:56:04.960] But when you go read it, it says, it is unlawful to willfully fail or refuse to comply with [01:56:04.960 --> 01:56:09.960] a lawful order, signal, direction of a peace officer as defined in Chapter 4.5. [01:56:09.960 --> 01:56:16.960] But it also says when that peace officer is in uniform and is performing duties pursuant [01:56:16.960 --> 01:56:22.960] to any other provisions of this code or to refuse to submit a lawful inspection pursuant [01:56:22.960 --> 01:56:24.960] to this code. [01:56:24.960 --> 01:56:28.960] So basically, they hauled me off to jail. [01:56:28.960 --> 01:56:34.960] I was in jail Saturday for remainder of Saturday, Sunday, Monday, part of Tuesday, so I could [01:56:34.960 --> 01:56:36.960] go to the judge. [01:56:36.960 --> 01:56:38.960] And so... [01:56:38.960 --> 01:56:39.960] Okay. [01:56:39.960 --> 01:56:40.960] So who are you going to sue first? [01:56:40.960 --> 01:56:41.960] Permission. [01:56:41.960 --> 01:56:42.960] Sir? [01:56:42.960 --> 01:56:47.960] Who are you going to sue first? [01:56:47.960 --> 01:56:50.960] I guess DHB. [01:56:50.960 --> 01:56:52.960] Okay. [01:56:52.960 --> 01:56:54.960] On what grounds? [01:56:54.960 --> 01:56:59.960] Well, that they cause harm. [01:56:59.960 --> 01:57:02.960] Let me explain this real quick because we're real short on time here. [01:57:02.960 --> 01:57:04.960] So this is the way this should work. [01:57:04.960 --> 01:57:08.960] In California, traffic statutes are in fractions. [01:57:08.960 --> 01:57:11.960] They are civil under California law. [01:57:11.960 --> 01:57:15.960] That means the officer has no arrest powers under them. [01:57:15.960 --> 01:57:17.960] None, nada, zip. [01:57:17.960 --> 01:57:19.960] You cannot be arrested. [01:57:19.960 --> 01:57:23.960] They can't pull you over and stop you for an infraction. [01:57:23.960 --> 01:57:25.960] They're not criminal. [01:57:25.960 --> 01:57:27.960] That's written right into your law. [01:57:27.960 --> 01:57:29.960] Okay? [01:57:29.960 --> 01:57:34.960] So pulling you over for any alleged infraction was false imprisonment or false arrest from [01:57:34.960 --> 01:57:36.960] the get-go. [01:57:36.960 --> 01:57:39.960] That's problem number one. [01:57:39.960 --> 01:57:43.960] Problem number two, you can't disobey an officer under the vehicle code unless the vehicle [01:57:43.960 --> 01:57:45.960] code applies. [01:57:45.960 --> 01:57:50.960] California law specifically says it does not, that it is commercial only, and you had already [01:57:50.960 --> 01:57:55.960] informed them that you were not commercial based upon what you told me. [01:57:55.960 --> 01:57:56.960] Okay? [01:57:56.960 --> 01:58:00.960] So what you need to do is send me an email and a phone number, and I will try to hook [01:58:00.960 --> 01:58:05.960] you up with Rick or Kevin out in California. [01:58:05.960 --> 01:58:09.960] They will help you, but I can't tell you what they're going to charge you to help you. [01:58:09.960 --> 01:58:12.960] But they can help you if you'll let them. [01:58:12.960 --> 01:58:13.960] Okay. [01:58:13.960 --> 01:58:14.960] Okay? [01:58:14.960 --> 01:58:15.960] Can I get your email real quick, Eddie? [01:58:15.960 --> 01:58:19.960] Eddie, E-D-D-I-E at ruleoflawradio.com. [01:58:19.960 --> 01:58:20.960] Okay? [01:58:20.960 --> 01:58:21.960] Okay. [01:58:21.960 --> 01:58:24.960] And I'll get an email over to you tonight. [01:58:24.960 --> 01:58:25.960] Okay. [01:58:25.960 --> 01:58:26.960] All right. [01:58:26.960 --> 01:58:27.960] Well, Mark, I got to go. [01:58:27.960 --> 01:58:28.960] I'm about to run out of time here. [01:58:28.960 --> 01:58:29.960] Okay? [01:58:29.960 --> 01:58:30.960] Okay. [01:58:30.960 --> 01:58:31.960] I appreciate it, Eddie. [01:58:31.960 --> 01:58:32.960] Yes, sir. [01:58:32.960 --> 01:58:33.960] All right, folks. [01:58:33.960 --> 01:58:34.960] This has been the Monday Night Rule of Law Radio. [01:58:34.960 --> 01:58:38.960] To all you officers listening, if you can do better, prove it. [01:58:38.960 --> 01:58:39.960] Debate me in public. [01:58:39.960 --> 01:58:43.960] Otherwise, shut up and follow the law like you're supposed to. [01:58:43.960 --> 01:58:44.960] Serve us. [01:58:44.960 --> 01:58:45.960] Serve us. [01:58:45.960 --> 01:58:46.960] All right, folks. [01:58:46.960 --> 01:58:47.960] You all have a blessed week. [01:58:47.960 --> 01:58:48.960] Good night. [01:58:48.960 --> 01:58:56.960] Bibles for America is offering absolutely free a unique study Bible called the New Testament [01:58:56.960 --> 01:58:57.960] Recovery Version. [01:58:57.960 --> 01:59:02.960] The New Testament Recovery Version has over 9,000 footnotes that explain what the Bible [01:59:02.960 --> 01:59:07.960] says verse by verse, helping you to know God and to know the meaning of life. [01:59:07.960 --> 01:59:10.960] Order your free copy today from Bibles for America. [01:59:10.960 --> 01:59:19.960] Call us toll free at 888-551-0102 or visit us online at bfa.org. [01:59:19.960 --> 01:59:25.960] This translation is highly accurate and it comes with over 13,000 cross references plus [01:59:25.960 --> 01:59:29.960] charts and maps and an outline for every book of the Bible. [01:59:29.960 --> 01:59:31.960] This is truly a Bible you can understand. [01:59:31.960 --> 01:59:39.960] To get your free copy of the New Testament Recovery Version, call us toll free at 888-551-0102 [01:59:39.960 --> 01:59:51.960] that's 888-551-0102 or visit us online at bfa.org. [01:59:51.960 --> 01:59:52.960] Looking for some truth? [01:59:52.960 --> 01:59:53.960] You found it. [01:59:53.960 --> 02:00:09.960] LogosRadioNetwork.com