[00:00.000 --> 00:05.840] The following newsflash is brought to you by the Lone Star Lowdown, providing your jelly [00:05.840 --> 00:08.360] bulletins for the commodities market. [00:08.360 --> 00:21.320] Today in history, news updates and the inside scoop into the tides of the alternative. [00:21.320 --> 00:26.840] Markets for Friday, April Fool's Day 2016 are currently trading with gold at $1,221.75 [00:26.840 --> 00:34.160] an ounce, silver at $15.04 an ounce, Texas crude at $38.34 a barrel, and Bitcoin is [00:34.160 --> 00:43.240] currently sitting at about $416 U.S. currency. [00:43.240 --> 00:49.080] Today in history, the year 2001, same-sex civil unions become legal in the Netherlands. [00:49.080 --> 00:53.960] The first country in the world issued civil union licenses to gay and lesbian couples [00:53.960 --> 00:59.120] today in history. [00:59.120 --> 01:03.040] In recent news, some corporate April Fool's pranks went not so well this year. [01:03.040 --> 01:04.040] Yahoo's Inc. [01:04.040 --> 01:08.360] News Service published an article reporting that all the Trader Joe's more than 450 grocery [01:08.360 --> 01:11.200] stores would be closing in 2017. [01:11.200 --> 01:14.960] Trader Joe's fans went to Twitter with mad tweets, even though at the end of the article [01:14.960 --> 01:16.680] it stated that it was clearly a joke. [01:16.680 --> 01:20.640] A spokeswoman for Trader Joe's said that the chain had nothing to do with it, and Google, [01:20.640 --> 01:24.840] who has been quite active in pranking customers for the last decade on this date, added a [01:24.840 --> 01:30.480] Gmail mic drop button to their Gmail services, which automatically sent an animated image [01:30.480 --> 01:34.480] from the Minions movie, showing the character Bob dropping a microphone. [01:34.480 --> 01:38.560] Many users were unhappy after accidentally pressing the button, sending the joke email, [01:38.560 --> 01:42.040] and replied to more serious ones. [01:42.040 --> 01:48.560] A CIA canine unit conducted a routine training exercise with law enforcement officials at [01:48.560 --> 01:53.320] a school district in Loudoun County, Virginia, during spring break, during which explosive [01:53.320 --> 01:58.480] material was inadvertently left by the CIA in one of the school buses used in the exercise, [01:58.480 --> 02:02.800] which now appears to have unknowingly carried students for two days while the explosive [02:02.800 --> 02:04.840] material sat underneath a hood. [02:04.840 --> 02:09.360] Loudoun County Public Schools officials stated that the bus was in service on Monday and [02:09.360 --> 02:15.160] Tuesday, made eight runs, totaling roughly 145 miles, carrying 26 students. [02:15.160 --> 02:19.240] The explosive material was discovered during a routine maintenance job Wednesday afternoon. [02:19.240 --> 02:20.240] Why the fumble? [02:20.240 --> 02:23.920] Apparently, a container holding the explosives was hidden inside the engine compartment during [02:23.920 --> 02:27.860] the canine training, of which a portion of it fell from the container into the engine [02:27.860 --> 02:31.240] compartment and was simply overlooked during the recovery. [02:31.240 --> 02:34.920] And though the CIA is assuring the public that the material posted no immediate danger, [02:34.920 --> 02:38.920] the exact nature of the material is not being released by request of the CIA. [02:38.920 --> 02:43.000] To ensure, I'm sure, that a compromising of training techniques is not made public, [02:43.000 --> 02:47.880] Loudoun County Public Schools, county law, and fire officials and the CIA have announced [02:47.880 --> 02:52.760] this particular training program has been suspended until a thorough review of all procedures [02:52.760 --> 02:53.760] is completed. [02:53.760 --> 03:23.680] This is Brooke Roadie with your Lowdown for April 1st, 2016. [03:23.680 --> 03:39.660] Thank you. [03:39.660 --> 03:46.660] He told my pappy back in my day, son A man had to answer for the weed that he'd done [03:46.660 --> 03:50.660] He'd take all the rope in Texas by the tall old tree [03:50.660 --> 03:54.660] Round up all of them dead boys, take them high up the street [03:56.660 --> 03:58.660] For all the people to see [04:00.660 --> 04:04.660] That justice is one thing you should always find [04:04.660 --> 04:08.660] You gotta settle up your boys, you gotta draw a hard line [04:08.660 --> 04:12.660] When the cops won't settle, we'll sing a victory tune [04:12.660 --> 04:16.660] And we'll all be back at the horse and moat [04:16.660 --> 04:21.660] We'll raise up our glasses against evil forces singing [04:21.660 --> 04:25.660] West kid for my men, bear for my horses [04:32.660 --> 04:34.660] We got too many gangsters [04:34.660 --> 04:39.660] Alright folks, good evening, this is the Monday Night Rule of Law Radio Show with your host Eddie Craig [04:39.660 --> 04:43.660] It is April 4th, 2016 [04:43.660 --> 04:51.660] Coming up into the fourth month of this year, we are done past our first quarter of the new year [04:51.660 --> 05:00.660] And things still aren't looking any better or brighter on the election front, on the candidate front, on the government front [05:00.660 --> 05:05.660] In fact, it always looks more abysmal every time we have one of these little soirees [05:05.660 --> 05:08.660] Where people pretend to know what the hell they're doing [05:08.660 --> 05:17.660] And somehow have a divine right to tell the rest of us what the hell we have to do with our own lives and property [05:17.660 --> 05:26.660] That being said, we need to understand the limits of the authority to those to which we gave only limited authority [05:26.660 --> 05:33.660] And this show and all the shows on this network are meant to bring you information for that purpose [05:33.660 --> 05:37.660] What you do with it, however, is entirely up to you [05:37.660 --> 05:44.660] But one thing about this is that none of us were born rich and none of us have deep pockets [05:44.660 --> 05:48.660] So we count on you folks to keep us going, keep that in mind as well [05:48.660 --> 05:55.660] As long as you're listening to these shows, please contribute, donate, we need the funds, we really do [05:55.660 --> 05:58.660] This is what we do full-time and there's not a paycheck in this [05:58.660 --> 06:01.660] We're not doing it because somebody's paying us to do it [06:01.660 --> 06:05.660] The only payment we get is whatever you send in for donations [06:05.660 --> 06:08.660] Whatever we get in for consultations for things that we help with [06:08.660 --> 06:14.660] So please keep us in your financial well-being whenever you can because we need it [06:14.660 --> 06:18.660] I hate to sound like an infomercial, but the facts are the facts [06:18.660 --> 06:23.660] I can't keep doing this and paying my bills, I can't, neither can most of the other people [06:23.660 --> 06:31.660] Because what's coming in from this is not enough to cover what it takes to live, to buy groceries, to pay storage [06:31.660 --> 06:33.660] Because we don't have a place big enough [06:33.660 --> 06:38.660] Hell, my place is like a shoebox with windows, and I kid you not, okay? [06:38.660 --> 06:44.660] So just so you know, we're not in this for our health or the wealth [06:44.660 --> 06:47.660] We're in this because it is right [06:47.660 --> 06:54.660] We're in this because we want to help as many as we can understand what's being done and what to do about it [06:54.660 --> 07:00.660] Now, that being said, I want to get into an issue that I've had a long time with the state of Texas [07:00.660 --> 07:04.660] And the way it handles things in these Class C fine-only cases [07:04.660 --> 07:11.660] Now, Texas courts, at least in the criminal side, are currently telling people that [07:11.660 --> 07:21.660] We do not have a right to assistance of counsel in a Class C fine-only case as far as public funded counsel [07:21.660 --> 07:29.660] We can go hire an attorney, but we're not entitled to have one granted to us to use if we can't afford one, okay? [07:29.660 --> 07:36.660] So we're not allowed in Class C fine-onlys to have assistance of counsel even if we cannot pay for counsel [07:36.660 --> 07:40.660] We, you know, we just don't get any, that's all there is to it [07:40.660 --> 07:49.660] Now, we all know that there's the issue of them saying that the only person you can have as counsel is a licensed bar attorney [07:49.660 --> 07:52.660] There's no law that says that, no law whatsoever [07:52.660 --> 08:00.660] But what I cannot also find is any law that says that the right to counsel does not attach in Class C fine-onlys [08:00.660 --> 08:04.660] In fact, what I find says exactly the opposite [08:04.660 --> 08:12.660] The Texas Constitution in Article 1, Sections 9 and 10, or 10, whichever one of them it is [08:12.660 --> 08:20.660] Specifically says that we have the right to assistance of counsel in all criminal proceedings, ALL, the word all [08:20.660 --> 08:26.660] All means all-encompassing, doesn't mean to the exclusion of, it means everything [08:26.660 --> 08:32.660] In any case you're calling criminal, we have the right to counsel, all right? [08:32.660 --> 08:40.660] Then we have the issue of the word shall, which is mandatory in Texas law and thus mandatory in the Texas Constitution [08:40.660 --> 08:44.660] Now, why do, what is my authority for saying that that's the case? [08:44.660 --> 08:52.660] Well, my authority is based upon a 1986 Texas Supreme Court case by the name of LaCroix v. Hanlon [08:52.660 --> 09:10.660] And just so you guys know the specific full reference to that is LaCroix v. Hanlon, H-A-N-L-O-N, and LaCroix is spelled L-E-C-R-O-Y, 713 SW 2nd 335 in 1986 [09:10.660 --> 09:18.660] Now here's what I want you to understand about what's in this opinion in relation to the authority of the terminology used [09:18.660 --> 09:26.660] both in the Constitution and the Code of Criminal Procedure in relation to shall and all [09:26.660 --> 09:45.660] In this opinion, this case goes to the district court clerk assessing fees and costs to individuals that have filed uncontested affidavits of indigency in the court for divorce proceedings [09:45.660 --> 09:57.660] Now, the statute that they were arguing over here, the Supreme Court of Texas had already ruled does not work the way the clerk was attempting to argue it this time [09:57.660 --> 10:04.660] And by the clerk we mean whatever legal counsel which was employed to represent the clerk in this [10:04.660 --> 10:11.660] They attempted to misrepresent statute as every attorney does when it suits them, okay? [10:11.660 --> 10:18.660] But in the language of this opinion, there are several excerpts here I want you to pay close attention to [10:18.660 --> 10:24.660] This one is down on about page 4, and the passage reads [10:24.660 --> 10:39.660] The rule of liberal construction will not be followed to the extent that it will relieve the legislature of the necessity of disclosing the real subject of the act in the title thereof [10:39.660 --> 10:50.660] Nor will it be extended so as to hold the act valid, the titles of which are deceptive or misleading as to the real contents of the act [10:50.660 --> 10:58.660] And the cases they cite for this are prior cases of Fletcher v. State, 439 SW 2nd and 658 [10:58.660 --> 11:24.660] Which was quoting from Gulf Insurance Company v. James, 143 Texas 424 and 185 SW 2nd, 966 and 970 in 1945, and says see also Harris County Freshwater Supply District No. 55 v. Carr, C-A-R-R, 372 SW 2nd, 523 and 525 of Texas Supreme Court, 1963 [11:24.660 --> 11:33.660] Now, that deals with the issue of liberal construction of the verbiage of the Constitution or a statute [11:33.660 --> 11:40.660] Okay, remember that they always said the language will be liberally construed so as to not have to invalidate it, all right? [11:40.660 --> 11:57.660] But here they're saying that that will not be done to the extent that it will allow the legislature to subvert the Constitutional requirements of clearly telling the public what the purpose of a bill is [11:57.660 --> 12:03.660] Okay? And that that purpose can only encompass one subject [12:03.660 --> 12:14.660] Now, we go a little further down on the same page of that opinion and the court discusses that caption requirement, what the Constitution refers to as the title, okay? [12:14.660 --> 12:40.660] The caption requirement's purpose is to give notice of the title of the bill not only to members of the legislature but to the citizens at large of the subject matter of the projected law and thereby to prevent the surreptitious passage of a law upon one subject under the guise of a title which expresses another [12:40.660 --> 12:59.660] And again, referencing the cases of Fletcher v. State, 439 SW, 656 and 658 in Texas, 1969, quoting Adams at 338 and Wickers v. San Angelo Water Works Company, 25 SW, 605 and 606 of 1894 [12:59.660 --> 13:16.660] The test for whether a caption adequately expresses the bill's subject is the title must not only express the subject but must fairly express and point to that which is dealt with in the body of the act [13:16.660 --> 13:32.660] Its sufficiency is determined by what the title says and not by what it was intended to say. Again, referencing Harris County Fresh Water Supply, district number 55 v. Carr, 372 SW, second at 525 [13:32.660 --> 13:39.660] Now, we go a little further down to approximately page five of this opinion and we see the following [13:39.660 --> 13:53.660] While state constitutions cannot subtract from the rights guaranteed by the United States Constitution, state constitutions can and often do provide additional rights for their citizens [13:53.660 --> 14:19.660] C.E.G. Oregon v. Kennedy, 456 U.S. 667, 102 Supreme Court, 2083, 72 Law Edition, second, 416, 1982, Prunyard Shopping Center v. Robbins, 447 U.S. 74, 100 Supreme Court, 2035, 64L Edition, second, 741, 1980 [14:19.660 --> 14:27.660] The federal Constitution sets the floor for individual rights. State constitutions establish the ceiling. [14:27.660 --> 14:35.660] Recently, state courts have not hesitated to look to their own Constitution to protect individual rights. [14:35.660 --> 14:54.660] I am citing this symposium on the emergence of state constitutional law, 63 Texas Law Review, 959 in 1985. LEND, First Things First, Rediscovering the State's Bill of Rights under 9, University of Baltimore Law Review, 379, 1980. [14:54.660 --> 15:03.660] Brennan, State Constitutions and the Protection of Individual Rights, 90 Harvard Law Review, 489 in 1977. [15:03.660 --> 15:06.660] This court has been in the mainstream of this movement. [15:06.660 --> 15:17.660] Comment, Rediscovering State Constitutions for Individual Rights Protection, 37 Baylor Law Review, 463, 474, and 75 in 1985. [15:17.660 --> 15:33.660] Hearing after comment, Rediscovering State Constitutions, C.E.G. Whitworth v. Bryden, 699 Southwest, second, 194, and, or I'm sorry, Bynum, B-Y-N-U-M, Texas, 1985. [15:33.660 --> 15:48.660] Article 1, Section 3, Equal Protection Clause, Nelson v. Crewson, 678 Southwest, second, 918, Texas, 1984. Haynes v. City of Abilene, 659 Southwest, second, 638, Texas, 1983. [15:48.660 --> 15:54.660] Article 1, Section 17, Taking Private Property for Public Use without Just Compensation. [15:54.660 --> 16:03.660] Hayjek v. Mill, Malbray Motors, Inc., 647 Southwest, second, 253, Texas, 1983. [16:03.660 --> 16:09.660] Article 1, Section 8, Free Speech. And they give us a footnote down here that I haven't gotten to yet. [16:09.660 --> 16:15.660] But I've only got a few seconds left before the break, so I'm going to pause right there and I'll cover the rest of this on the other side. [16:15.660 --> 16:34.660] But as you can see right here, the Texas Supreme Court is making the statement that the Texas Constitution affords us protections above and beyond those that the federal Constitution may offer or that the federal courts may decree proper in a federal venue. [16:34.660 --> 16:39.660] But in a state venue, this is not a question. [16:39.660 --> 16:48.660] And I was discussing earlier with Randy about who had superseding jurisdiction in such cases, the Texas Supreme Court or the Texas Court of Criminal Appeals. [16:48.660 --> 16:51.660] But we'll continue this on the other side of this break. [16:51.660 --> 17:00.660] This is Rule of Law Radio, 512-646-1984. If you want to get in line here after I turn the phones on, we'll be right back. [17:00.660 --> 17:10.660] Did you know that the Logos Radio Network is a truly listener-supported radio network? On top of the on-air talent, producers and other hardworking individuals working behind the scenes, [17:10.660 --> 17:14.660] Logos Radio Network is kept on the air by the generous support of listeners like you. [17:14.660 --> 17:22.660] And we appreciate our loyal listeners making contributions every year in our annual fundraisers, which help keep the lights on and Logos Radio Network on the air. [17:22.660 --> 17:31.660] Head on over to logosradionetwork.com to make your contribution. Every $25 donation enters you for a chance to win prizes from Central Texas Go-Works. 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[18:14.660 --> 18:20.660] You'll get step-by-step instructions in plain English on how to win in court using federal civil rights statutes. [18:20.660 --> 18:24.660] What to do when contacted by phones, mail, or court summons. [18:24.660 --> 18:26.660] How to answer letters and phone calls. [18:26.660 --> 18:28.660] How to get debt collectors out of your credit report. [18:28.660 --> 18:33.660] How to turn the financial tables on them and make them pay you to go away. [18:33.660 --> 18:38.660] The Michael Mears proven method is the solution for how to stop debt collectors. [18:38.660 --> 18:40.660] Personal consultation is available as well. [18:40.660 --> 18:49.660] For more information, please visit ruleoflawradio.com and click on the blue Michael Mears banner or email michaelmears at yahoo.com. [18:49.660 --> 19:00.660] That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com to learn how to stop debt collectors now. [19:00.660 --> 19:10.660] You are listening to the Logos Radio Network, the logosradio network dot com. [19:10.660 --> 19:33.660] Look one again, we ask the question, we don't have an answer. [19:33.660 --> 20:00.660] Look one again, we ask the question, look one again, and they don't have an answer. [20:00.660 --> 20:04.660] Folks, we are back, this is Rule of Law Radio. [20:04.660 --> 20:10.660] All right, now, going on here with what we're reading out of this case of LaCroix v. Hanlon. [20:10.660 --> 20:18.660] Like the citizens of other states, Texans have adopted state constitutions to restrict governmental power and guarantee individual rights. [20:18.660 --> 20:27.660] The powers restricted in the individual rights guaranteed in the present constitution reflect Texas's values, customs, and traditions. [20:27.660 --> 20:36.660] Our constitution has independent vitality, and this court has the power and duty to protect the additional state-guaranteed rights of all Texans. [20:36.660 --> 20:43.660] Article 5, Section 1, Nelson v. Crewson, 678 SW 2nd at 923. [20:43.660 --> 20:57.660] See the note in Article 1, Section 21, Access to Courts in Florida, 5 Florida Statute, UL Review, 871-908-911. [20:57.660 --> 21:02.660] By enforcing our constitution, we provide Texans with their full individual rights and strengthen federalism. [21:02.660 --> 21:05.660] Brennan Supra at 502.03. [21:05.660 --> 21:14.660] Now, the reason I find that passage so important is what the criminal courts are doing in relation to Class C fine-onlys. [21:14.660 --> 21:22.660] They are denying us in our right to assistance of counsel, citing a federal Supreme Court case that at the federal level, [21:22.660 --> 21:30.660] Class C fine-onlys do not authorize representation by counsel at public expense. [21:30.660 --> 21:38.660] But that doesn't have superiority or the ability to wipe away that right under the state constitution. [21:38.660 --> 21:45.660] So what we have right now are Texas courts acting in direct violation of constitutional protections, [21:45.660 --> 21:52.660] which Article 1, Section 29 absolutely forbids them to alter. [21:52.660 --> 22:04.660] The Texas Bill of Rights says very clearly that no Department of Texas government can alter or disregard any provision of the Texas Constitution. [22:04.660 --> 22:10.660] And if they attempt to do so, their actions are void. [22:10.660 --> 22:17.660] And yet that's exactly what these criminal courts at every level are attempting to do, [22:17.660 --> 22:26.660] including the courts at the municipal and justice level when they say you don't have a right to a court-appointed attorney. [22:26.660 --> 22:35.660] That violates Article 1, Section 10 or Section 9, and Article 1, Section 29 of the Texas Constitution, [22:35.660 --> 22:42.660] and Article 1.5 of the Code of Criminal Procedure. [22:42.660 --> 22:49.660] So the courts are acting in complete violation of the Texas Constitution. [22:49.660 --> 22:59.660] Now, a little further on, on the same page, approximately page 5 or 6-5 of this opinion, we read this. [22:59.660 --> 23:05.660] The provisions wording in history demonstrate the importance of the right of access to the courts. [23:05.660 --> 23:13.660] The provisions wording indicates the high value the directors and ratifiers placed on the right of access to the courts. [23:13.660 --> 23:21.660] First, the language is mandatory, shall be open, and shall have remedy by due course of law. [23:21.660 --> 23:37.660] Further, it is all-inclusive. All courts are to be open for every person for all interest, lands, real property, goods, personal property, person, body and mind, and reputation, good name, at all times. [23:37.660 --> 23:52.660] Since there is no emergency exception, this all-inclusive language contrasts with the qualifying language used in other sections, such as C.G., Article 1, Section 9, and Article 1, Section 11, and 11A. [23:52.660 --> 23:58.660] Now, I want to read you something out of the Texas Constitution specifically. [23:58.660 --> 24:03.660] Provided this website will come up where I can actually see it and do it here. [24:03.660 --> 24:11.660] And I want to show you exactly what I'm talking about here as far as the courts violating our rights. [24:11.660 --> 24:34.660] Now, when this says Article 1, Section 9, the people shall be secure in their person's houses, papers, and possessions from all unreasonable searches or seizures and no warrant to search any place or to seize any person or thing shall issue without describing them as near as may be nor without probable cause supported by oath or affirmation. [24:34.660 --> 24:44.660] Now, the only thing there that could even be construed as reasonably permissible is the unreasonable terminology. [24:44.660 --> 24:47.660] But then you get to Section 10. [24:47.660 --> 24:50.660] Now, this is the rights of an accused in criminal prosecutions. [24:50.660 --> 24:53.660] This is exactly what I'm going to. [24:53.660 --> 25:04.660] In all criminal prosecutions, notice the word all, as the opinion here stated, it is all inclusive. [25:04.660 --> 25:11.660] And notice they also did not show that there is qualifying language in Article 1, Section 10. [25:11.660 --> 25:19.660] It skipped Article 1, Section 10 when it said Article 1, Section 9, and Article 1, Section 11, and 11A. [25:19.660 --> 25:27.660] It skipped right over 10, indicating that 10 does not contain any permissive clauses. [25:27.660 --> 25:28.660] Okay? [25:28.660 --> 25:30.660] They are mandatory. [25:30.660 --> 25:32.660] So we have these. [25:32.660 --> 25:39.660] In all criminal prosecutions, the accused shall have a speedy trial by an impartial jury. [25:39.660 --> 25:46.660] So there we have an all-encompassing mandatory requirement to a speedy trial by an impartial jury. [25:46.660 --> 25:55.660] It further reads, he shall have the right to demand the nature and cause of the accusation against him and to have a copy thereof. [25:55.660 --> 25:56.660] Okay? [25:56.660 --> 26:00.660] Again, mandatory, he has the right to demand it. [26:00.660 --> 26:01.660] Okay? [26:01.660 --> 26:05.660] He shall not be compelled to give evidence against himself. [26:05.660 --> 26:12.660] Oh, and shall have the right of being heard by himself or counsel or both. [26:12.660 --> 26:15.660] That shoots down several arguments by the state. [26:15.660 --> 26:22.660] The statute that requires you to produce information at a traffic stop if it can be used against you in a court of law. [26:22.660 --> 26:30.660] And the fact that the state courts like to say Texas does not recognize bifurcated representation of counsel. [26:30.660 --> 26:35.660] In other words, that you can be heard by yourself or your attorney if you have an attorney. [26:35.660 --> 26:39.660] The courts are saying you are limited only to what the attorney has to say. [26:39.660 --> 26:46.660] That flies in the face of the Texas constitutional requirement for or both. [26:46.660 --> 26:56.660] He shall be confronted by the witnesses against him and shall have compulsory process for obtaining witnesses in his favor. [26:56.660 --> 27:01.660] Except that when the witness, blah, blah, blah, out of state. [27:01.660 --> 27:08.660] The defendant in the state shall have the right to produce and have the evidence admitted by deposition, blah, blah, blah. [27:08.660 --> 27:09.660] All right? [27:09.660 --> 27:16.660] And no person shall be held to answer for a criminal offense unless on an indictment of a grand jury. [27:16.660 --> 27:21.660] Except in cases where punishment is by fine or imprisonment, otherwise an independent entry. [27:21.660 --> 27:27.660] Which now creates a direct conflict with Article 5, Section 21 of the Texas Constitution. [27:27.660 --> 27:35.660] Where it still says that grand juries shall look into misdemeanors and hand down indictments, therefore, to the court having jurisdiction. [27:35.660 --> 27:45.660] Which it then goes into the lower courts, specifically justice of the peace courts who only have jurisdiction of criminal cases in Class C fine only. [27:45.660 --> 27:51.660] Then you go to the Code of Criminal Procedure in Chapter 21 where it talks about indictments and information. [27:51.660 --> 28:02.660] And there it also specifically says that the district court shall take a grand jury indictment handed down for a misdemeanor offense to a justice court. [28:02.660 --> 28:11.660] Not to a municipal court, to a justice court whose only jurisdiction for crimes is Class C fine only offenses. [28:11.660 --> 28:20.660] So there we have a complete contradiction between the Bill of Rights and Article 5, Section 21's detailing the duties of a grand jury. [28:20.660 --> 28:26.660] But here's the part that really matters, okay? [28:26.660 --> 28:34.660] Let's see, and in cases, wait a minute, demand of the nature calls, all right. [28:34.660 --> 28:43.660] So when we're allowed to be heard by our counsel or ourselves, there we are given the right to counsel, okay? [28:43.660 --> 28:46.660] He has the right to counsel. [28:46.660 --> 29:00.660] So where are they getting the idea that they can use a federal court case to deny the protections of the state constitution to individuals within the state? [29:00.660 --> 29:02.660] There's no authority for that. [29:02.660 --> 29:13.660] The Supreme Court can override a state constitution only where the state constitution is in violation of the federal constitution. [29:13.660 --> 29:25.660] But as the Texas Supreme Court stated, the state is not limited in the rights that are protected of its individual people. [29:25.660 --> 29:36.660] As long as the rights they're offering do not invade the federal area of jurisdiction, the Fed cannot invalidate the state protections. [29:36.660 --> 29:42.660] Therefore, the state courts cannot use a federal case to invalidate state protections. [29:42.660 --> 29:49.660] They cannot deny or ignore what the state constitution requires. [29:49.660 --> 29:55.660] All right, folks, call in number 512-646-1984. [29:55.660 --> 30:01.660] And I want to go into this a little bit more on the other side, and I'll start taking your time. [30:01.660 --> 30:07.660] Getting hitched may be one of the best moves a man can make, according to new research about the health benefits of marriage. [30:07.660 --> 30:13.660] I'm Dr. Catherine Albrecht, and I'll be back in just a moment to tell you why men should be grateful for their wives. [30:13.660 --> 30:15.660] Privacy is under attack. [30:15.660 --> 30:18.660] When you give up data about yourself, you'll never get it back again. [30:18.660 --> 30:23.660] And once your privacy is gone, you'll find your freedoms will start to vanish, too. [30:23.660 --> 30:28.660] So protect your rights, say no to surveillance, and keep your information to yourself. [30:28.660 --> 30:31.660] Privacy, it's worth hanging on to. [30:31.660 --> 30:39.660] This public service announcement is brought to you by Startpage.com, the private search engine alternative to Google, Yahoo, and Bing. [30:39.660 --> 30:42.660] Start over with Startpage. [30:42.660 --> 30:46.660] Married men live longer, healthier lives than single men. [30:46.660 --> 30:54.660] For example, they have a lower risk of depression, they're more likely to survive about with cancer, and they have a 46% lower chance of dying from heart disease. [30:54.660 --> 30:55.660] Why is that? [30:55.660 --> 31:01.660] A study by the RAND Corporation suggests that a big reason is their overall healthier lifestyle. [31:01.660 --> 31:07.660] Married men are better cared for when they're sick, have healthier diets, and have far less stress in a happy home environment. [31:07.660 --> 31:12.660] They're also less likely to smoke, drink excessively, or engage in other risky behaviors. [31:12.660 --> 31:18.660] So despite all those jokes about married life, men, you should be grateful for that proverbial ball and chain. [31:18.660 --> 31:28.660] I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com. [31:48.660 --> 32:01.660] OxygenAid kills parasites, does the job of 10 products, that saves you space, time, and money. Call 888-910-4367 only at EUSA.org. [32:01.660 --> 32:04.660] Rule of Law Radio is proud to offer the rule of law traffic seminar. [32:04.660 --> 32:11.660] In today's America, we live in an us-against-them society, and if we the people are ever going to have a free society, then we're going to have to stand and defend our own rights. [32:11.660 --> 32:16.660] Among those rights are the right to travel freely from place to place, the right to act in our own private capacity, [32:16.660 --> 32:18.660] and most importantly, the right to due process of law. [32:18.660 --> 32:24.660] Traffic courts afford us the least expensive opportunity to learn how to enforce and preserve our rights through due process. [32:24.660 --> 32:30.660] Former Sheriff's Deputy Eddie Craig, in conjunction with Rule of Law Radio, has put together the most comprehensive teaching tool available [32:30.660 --> 32:34.660] that will help you understand what due process is and how to hold courts to the rule of law. [32:34.660 --> 32:39.660] You can get your own copy of this invaluable material by going to ruleoflawradio.com and ordering your copy today. [32:39.660 --> 32:44.660] By ordering now, you'll receive a copy of Eddie's book, The Texas Transportation Code, The Law Versus the Lie, [32:44.660 --> 32:49.660] video and audio of the original 2009 seminar, hundreds of research documents, and other useful resource material. [32:49.660 --> 32:53.660] Learn how to fight for your rights with the help of this material from ruleoflawradio.com. [32:53.660 --> 33:01.660] Order your copy today, and together we can have the free society we all want and deserve. [33:01.660 --> 33:11.660] Live, free speech radio, logosradionetwork.com. [33:11.660 --> 33:16.660] Yeah, I got a warrant. [33:16.660 --> 33:19.660] And I'm gonna solve them. [33:19.660 --> 33:22.660] To the head government them. [33:22.660 --> 33:24.660] Prosecute them. [33:24.660 --> 33:28.660] Okay. [33:28.660 --> 33:31.660] All set. [33:31.660 --> 33:52.660] All right, folks, we are back. [33:52.660 --> 33:54.660] This is Rule of Law Radio. [33:54.660 --> 33:55.660] All right. [33:55.660 --> 34:02.660] The reason I am finding this information in this court case so important is for the following purposes. [34:02.660 --> 34:11.660] You all know that I have a constitutional challenge to the transportation code here in Texas, and it relates to several things. [34:11.660 --> 34:21.660] Not only was the current code as it's codified from 1995 unconstitutionally passed in violation of the Texas Constitution, [34:21.660 --> 34:28.660] but it has been unconstitutionally interpreted and applied for decades before that. [34:28.660 --> 34:42.660] And the reason we know this is because the description in the title or the caption of that bill tells us exactly what the subject matter it relates to is, and that subject is transportation. [34:42.660 --> 35:01.660] Now, right here we saw in this opinion that the Texas Supreme Court takes a dim view of a caption that is used to create a bill that is misleading as to what its purpose actually is in relation to what its caption says. [35:01.660 --> 35:19.660] Now, if the caption says it's there to regulate transportation, but it's being used to steal money from the public under false pretenses in their private capacities where transportation is not an issue, [35:19.660 --> 35:36.660] then we have a court opinion right here that says very clearly that that enactment must be declared unconstitutional because the liberal construction can't save it. [35:36.660 --> 35:45.660] Remember, transportation is not defined in the bill itself, nor is it defined in any law anywhere in Texas. [35:45.660 --> 36:00.660] It's not that there isn't a definition. There absolutely is. And if you go read Chapter 312, 312 of the Texas Government Code on the construction of statutes, [36:00.660 --> 36:16.660] you will see very clearly that it tells you that if a term or phrase is defined not by the law itself but by legal opinion or industry standard, [36:16.660 --> 36:23.660] those definitions shall be controlling when the statute or enactment itself does not have one. [36:23.660 --> 36:37.660] Well, that, ladies and gentlemen, is exactly the situation we have for the terms transportation and carrier. They are not defined in any law in Texas. [36:37.660 --> 36:51.660] But under the rules of construction in Chapter 312 and Chapter 311, we can find a definition, and we know what it means. It means that it's all commercial. [36:51.660 --> 37:02.660] So this court opinion of LaCroix versus Hanlon is going to be very important to enforcing that argument in the lawsuit. [37:02.660 --> 37:07.660] So y'all keep that in mind. Meanwhile, I'm going to start taking callers. [37:07.660 --> 37:15.660] You know, one of these nights I'm going to have a show where people call in to talk about the subject matter I'm dealing with on my presentation. [37:15.660 --> 37:22.660] Of course, no one knows what that is in advance, but instead they all call in for problem solving, which is fine. Don't get me wrong. [37:22.660 --> 37:26.660] I appreciate all the callers that I get for whatever reason I get them. [37:26.660 --> 37:34.660] But it would just be nice to have someone, you know, bounce some ideas off of me every once in a while about the things that I bring up on the air and discuss. [37:34.660 --> 37:40.660] All right. That being said, let's go to Sheila in Maryland. Sheila, what can we do for you? [37:40.660 --> 37:48.660] Hey, Eddie, look, I got a summons to go to court. I got some tickets, red light tickets, of course. [37:48.660 --> 37:54.660] And then I have a failure to produce a driver's license and a suspended license. [37:54.660 --> 38:07.660] Now, I got the summons. So I was wondering if I write on the summons that I do not consent or contract under UCC 1-308. Would that be enough to send in? [38:07.660 --> 38:15.660] No. So I wouldn't have to appear in court. No. Are these tickets criminal or civil in Maryland? [38:15.660 --> 38:20.660] I think they criminal. You think they're criminal, but you don't know? [38:20.660 --> 38:28.660] No, I'm not sure. Are they misdemeanors? Are they infractions? Are they offenses? How are they termed in the statute? [38:28.660 --> 38:35.660] Oh, man, I can't even tell you, but I know I had went to court once before, and they billed me for that. [38:35.660 --> 38:45.660] Well, billing you for it isn't what constitutes what the nature of the offense is or what it is. You have to know what the nature and cause is. [38:45.660 --> 38:54.660] The nature is under what classification? Is it civil, criminal, or administrative? If you don't know that, you don't know what rules you're playing under. [38:54.660 --> 39:01.660] Without knowing what rules you're playing under, they can tell you and do anything to you they want, and you won't know the difference. [39:01.660 --> 39:05.660] So that would be on the summons, wouldn't it, where this— [39:05.660 --> 39:11.660] Not necessarily. That's the thing. You need to understand what the statute defines them as. [39:11.660 --> 39:25.660] That's how you begin your argument, is showing where the statute creates a nature that can't be applied to you or that they use in a manner that violated rights, which negates their ability to apply it to you. [39:25.660 --> 39:39.660] For example, in California and a lot of other states like Washington and several up in your general neck of the woods, New York including, traffic offenses are infractions. [39:39.660 --> 39:55.660] They're civil infractions. They're not criminal in any way, which means when an officer detains you or stops you for any purpose related to a civil infraction, [39:55.660 --> 40:09.660] he is violating your rights and committing a crime of false imprisonment because he has no arrest power or detention authority for a civil infraction. [40:09.660 --> 40:21.660] And if the statute attempts to give him such an authority for a civil infraction, the statute itself would be unconstitutional. [40:21.660 --> 40:43.660] Okay? Okay. Because a seizure without a warrant can occur only in a breach of the peace or a felony, which are both crimes and which require reasonable suspicion or probable cause that a crime is being committed or is about to be committed. [40:43.660 --> 41:02.660] Okay. So until you understand what nature the allegation falls under, you don't know which rules you're playing by and you don't know whether or not you have the right to challenge their actions under the fruit of the poison tree doctrine. [41:02.660 --> 41:16.660] Okay. So where do I start now? You need to find out. Look around. Do a search on the website. What is the nature of a traffic charge in Maryland, for instance? [41:16.660 --> 41:26.660] If Jeff in Maryland, our friend up there that does debts, is listening in to any of this and would care to call in and comment if he knows, that would be great. [41:26.660 --> 41:35.660] But at the moment, I don't know, but that's where you would have to start. You would have to start with looking up to see how they're classified. [41:35.660 --> 41:45.660] That would be in the statutes or it would be discussed on the attorney sites there in Maryland. Look up traffic offenses or traffic infractions in Maryland. [41:45.660 --> 41:50.660] That would be one place to start. Just do a Google search for those terms. [41:50.660 --> 41:53.660] Okay. Traffic offenses or traffic what? [41:53.660 --> 42:00.660] Traffic offenses, traffic infractions, and don't forget to put in Maryland. You want it specific to your state. [42:00.660 --> 42:05.660] Okay. All right. Well, I'm listening in to see if anybody is going to call in. [42:05.660 --> 42:06.660] All right. [42:06.660 --> 42:07.660] Okay. Thank you so much. [42:07.660 --> 42:08.660] You're welcome. Bye-bye. [42:08.660 --> 42:09.660] Bye-bye. [42:09.660 --> 42:15.660] Bye-bye. All right. Now we're going to go to Jeff in Mississippi. Jeff, what can we do for you? [42:15.660 --> 42:28.660] Hi, Eddie. I filed a federal complaint and the opposing party has filed an answer. So I've got three quick questions, and that is how do I answer an answer? [42:28.660 --> 42:39.660] Well, the only thing that you need to answer on an answer is if they've misstated law, misstated facts, or misrepresented the law or the facts. [42:39.660 --> 42:55.660] Okay. That brings me to the second question. I have four numbers where instead of stating any kind of authority, they just simply says defendant denies allegations in paragraph one, defendant denies. [42:55.660 --> 43:01.660] Well, they don't need to cite an authority that they're denying an allegation. What authority do they have to cite? [43:01.660 --> 43:08.660] You're accusing me of this. I say I didn't do it or I can't do it or I won't do it. You know, what authority do they need for that? [43:08.660 --> 43:10.660] Okay. So that's fine if they do that. [43:10.660 --> 43:23.660] Yeah, that's fine if they do that. However, if they make an argument substantiating the basis for what they're doing, then they need to supply some authority for that argument. [43:23.660 --> 43:24.660] Okay. [43:24.660 --> 43:43.660] All right. Now the only other thing you would need to address is if besides mischaracterizing or misstating the law and the facts, they attempt to bring up issues that are not in relation to what the suit is or to previously stated facts. [43:43.660 --> 43:51.660] In other words, they're throwing in red herrings. Address those as well. Shoot them down, in other words. [43:51.660 --> 43:59.660] Hang on just a second. Let me take this break and we'll finish this up. All right, folks, 512-646-1984. We'll be right back. [44:22.660 --> 44:27.660] Thousands have won with our step-by-step course, and now you can too. [44:27.660 --> 44:33.660] Jurisdictionary was created by a licensed attorney with 22 years of case-winning experience. [44:33.660 --> 44:42.660] Even if you're not in a lawsuit, you can learn what everyone should understand about the principles and practices that control our American courts. [44:42.660 --> 44:51.660] You'll receive our audio classroom, video seminar, tutorials, forms for civil cases, pro se tactics, and much more. [44:51.660 --> 45:00.660] Please visit ruleoflawradio.com and click on the banner or call toll-free, 866-LAW-EZ. [45:00.660 --> 45:13.660] Hello, my name is Stuart Smith from naturespureorganics.com, and I would like to invite you to come by our store at 1904 Guadalupe Street, Suite D here in Austin, Texas, [45:13.660 --> 45:18.660] buying Brave New Books and Chase Pay to see all our fantastic health and wellness products with your very own eyes. [45:18.660 --> 45:23.660] Have a look at our Miracle Healing Clay that started our adventure in alternative medicine. [45:23.660 --> 45:31.660] Take a peek at some of our other wonderful products, including our Australian Eme oil, lotion candles, olive oil, soaps, and colloidal silver and gold. [45:31.660 --> 45:38.660] Call 512-264-4043 or find us online at naturespureorganics.com. [45:38.660 --> 45:43.660] That's 512-264-4043, naturespureorganics.com. [45:43.660 --> 46:01.660] Don't forget to like us on Facebook for information on events and our products, naturespureorganics.com. [46:13.660 --> 46:23.660] All right, folks, we are back. This is Rule of Law Radio. [46:23.660 --> 46:26.660] All right, we are currently talking to Jeff in Mississippi. [46:26.660 --> 46:35.660] The call-in number is 512-646-1984 if you want to call and get in line with a question, comment, or anything of that sort. [46:35.660 --> 46:38.660] All right, Jeff, continue on, please. [46:38.660 --> 46:44.660] My complaint lists three defendants. They're all court officials. [46:44.660 --> 46:53.660] The answer only has one person on here, just, you know, Defendant Melanie Morrell's answer and affirmative defenses. [46:53.660 --> 46:59.660] And it goes through the entire thing just talking about her leaving the other two people completely out. [46:59.660 --> 47:06.660] Okay. Well, are they represented by the same counsel? [47:06.660 --> 47:12.660] Are all the other parties you named represented by the same counsel? [47:12.660 --> 47:19.660] I don't know. It does list the other, one of the other parties in the caption, but then it never goes into his. [47:19.660 --> 47:26.660] Okay, but that's not the question. The question is, do they all have the same legal counsel? [47:26.660 --> 47:35.660] Because what's going to happen is each legal counsel for each individual is going to have the liability of filing an answer. [47:35.660 --> 47:46.660] Okay. And so if they addressed only her, then odds are that's only her legal counsel. [47:46.660 --> 47:49.660] Then the other two were passed the 21-day. [47:49.660 --> 47:55.660] In which case you can move for summary judgment, in which case the court will probably grant them an extension [47:55.660 --> 48:00.660] once you file the motion for summary judgment and demand that they be found against. [48:00.660 --> 48:05.660] The court will know you've got to notify them. Then they're going to turn around and file an answer [48:05.660 --> 48:08.660] and ask for late and ask for the extension of time. [48:08.660 --> 48:13.660] And the court may grant it, most likely will grant it, but do it anyway. [48:13.660 --> 48:20.660] Got it. Okay. And finally, a response here says some or all of the plaintiff's complaints are barred [48:20.660 --> 48:28.660] due to insufficiency of process and insufficiency of service of process or failure of process. [48:28.660 --> 48:34.660] I have not gotten anything in the mail that says that any of my services have failed. [48:34.660 --> 48:41.660] Okay. Well, the thing is, have you filed or done your process of service in accordance with the laws of the state involved? [48:41.660 --> 48:45.660] I'm assuming you're after individuals that are in the same state you're in. [48:45.660 --> 48:46.660] Yes. [48:46.660 --> 48:52.660] Okay. And you followed what the law requires in relation to service of process? [48:52.660 --> 48:53.660] Yes. [48:53.660 --> 48:55.660] You're sure? [48:55.660 --> 48:58.660] Well, I think I have. I haven't received anything contrary. [48:58.660 --> 49:02.660] No, no, no, no, no, no, no, no, no, no. I don't care what you receive. [49:02.660 --> 49:12.660] What I'm asking you is, did you look at what the statutory requirements for proper service are in these types of suits in the state you're in? [49:12.660 --> 49:22.660] Now, if this is a federal lawsuit, it'll be whatever the rules of federal, the federal rules of service are. [49:22.660 --> 49:24.660] Okay. In that case, I don't know. [49:24.660 --> 49:30.660] Well, you need to find out ASAP because that's something you're going to have to address one way or the other. [49:30.660 --> 49:42.660] You can either address it saying that counsel for such and such has attempted to mislead this court by stating service of process was not performed properly in accordance with the laws or the rules or whatever. [49:42.660 --> 49:49.660] And here is my evidence proving that these allegations and assertions by so-and-so party is entirely false. [49:49.660 --> 49:55.660] And then provide your receipts and your mailing dates and all that other kind of stuff that you would need to prove that. [49:55.660 --> 50:04.660] But if it doesn't comply, then what you're going to need to do is immediately get service if you're within the timeframe to do that. [50:04.660 --> 50:14.660] And you may have already blown that, if not, you're going to have to check your timetables and everything else and see. [50:14.660 --> 50:20.660] And folks, just for edification for the rest of you that are planning on this, you better understand this. [50:20.660 --> 50:24.660] There are three requirements to proper notice. [50:24.660 --> 50:28.660] Notice must be proper, sufficient, and timely. [50:28.660 --> 50:38.660] Proper means it must be performed in accordance with the laws relating to the service in the arena in which service is being performed. [50:38.660 --> 50:40.660] Federal lawsuit, federal rules. [50:40.660 --> 50:43.660] State court lawsuit, state court rules. [50:43.660 --> 50:47.660] Federal law says constitutes proper service. [50:47.660 --> 50:59.660] Sufficient, it must provide them with enough notice and information so that they may respond as necessary to whatever they're being notified of, [50:59.660 --> 51:04.660] whether it is make an appearance, file a document, or answer one. [51:04.660 --> 51:06.660] It must be timely. [51:06.660 --> 51:12.660] It must be done in a timeframe sufficient to allow them time to answer. [51:12.660 --> 51:19.660] Most states set a minimum amount of time, and the Fed does as well, which I believe is 30 days. [51:19.660 --> 51:24.660] You can't give less than 30 days notice to the other party. [51:24.660 --> 51:27.660] Now, I'm not 100% positive on that, so check that. [51:27.660 --> 51:35.660] But most states, it's 30 days or more, not less. [51:35.660 --> 51:36.660] All right, so anything else? [51:36.660 --> 51:37.660] Okay. [51:37.660 --> 51:39.660] Well, back to my original question. [51:39.660 --> 51:41.660] I have their answer. [51:41.660 --> 51:49.660] Now, am I locked into a 21-day deadline to where I have to respond with something else, or can we just move on to discovery? [51:49.660 --> 51:51.660] What's the next step? [51:51.660 --> 51:59.660] Well, it depends on what happens with this answer, at least as far as this individual goes. [51:59.660 --> 52:08.660] If the other two are past their deadline and no one's contested service or anything else, then you've got summary judgment opportunity with them. [52:08.660 --> 52:09.660] Okay? [52:09.660 --> 52:10.660] Okay. [52:10.660 --> 52:23.660] That means just this individual who has filed this answer, which means you've got to validate their arguments that you didn't serve them properly if you're going to retain them in this suit. [52:23.660 --> 52:25.660] Okay. [52:25.660 --> 52:28.660] So I need to respond with my own answer, and I need to do it fast. [52:28.660 --> 52:33.660] Yeah, and you need to be able to prove you complied with the terms of service. [52:33.660 --> 52:34.660] Got it. [52:34.660 --> 52:36.660] Okay. [52:36.660 --> 52:43.660] Does that still fall under a 21-day deadline to answer their answer, because I can't find that? [52:43.660 --> 52:47.660] Well, it's whatever the federal rules and the local court rules are on that timeframe. [52:47.660 --> 52:48.660] I don't know. [52:48.660 --> 52:51.660] I don't know where you're at as far as the suit. [52:51.660 --> 52:54.660] I don't know if they've got local rules that change that deadline. [52:54.660 --> 52:56.660] I don't know. [52:56.660 --> 52:57.660] Okay. [52:57.660 --> 53:03.660] I'll look into it, but I'll answer their answer with my own answer, and I will go into the service and stuff. [53:03.660 --> 53:07.660] Well, don't file your answer without your evidence. [53:07.660 --> 53:09.660] Yes. [53:09.660 --> 53:12.660] Okay. [53:12.660 --> 53:13.660] Okay, well, good. [53:13.660 --> 53:16.660] I'll look into that, and I'll give you a call and tell you how that went. [53:16.660 --> 53:17.660] Okay. [53:17.660 --> 53:18.660] All right. [53:18.660 --> 53:19.660] Thank you. [53:19.660 --> 53:22.660] You're welcome. [53:22.660 --> 53:23.660] All right. [53:23.660 --> 53:28.660] Now we are going to go to Mark in Florida. [53:28.660 --> 53:32.660] Mark, what can we do for you? [53:32.660 --> 53:36.660] Eddie, I just called to see if you knew the website was down. [53:36.660 --> 53:42.660] I do with a couple of posts up on the Facebook. [53:42.660 --> 53:52.660] I didn't know before then, but I've made mention of that, and I've posted in my event on Facebook, I posted an alternative link at txlr.net. [53:52.660 --> 53:54.660] You can go there and see if it will stream the show. [53:54.660 --> 53:59.660] When you go there, click the listen link on the upper left corner of the first page, [53:59.660 --> 54:04.660] and supposedly it's got a stream there that's always our stream. [54:04.660 --> 54:08.660] So you can try to listen to it there. [54:08.660 --> 54:11.660] I don't know what it requires. [54:11.660 --> 54:12.660] I don't know. [54:12.660 --> 54:16.660] It should just be you can use Windows Media Player or Winamp, just like you can any of the rest of them. [54:16.660 --> 54:21.660] So whatever can handle an Internet stream, you should be able to listen to it with. [54:21.660 --> 54:22.660] All right. [54:22.660 --> 54:25.660] That's txlr.net. [54:25.660 --> 54:32.660] And Sheila, if you're listening still, please try that link as well and see if you can get the feed over your computer, [54:32.660 --> 54:38.660] and that way we can free up the call-in slots because we've got a very limited number of those. [54:38.660 --> 54:40.660] But thanks for calling in and letting us know, Mark. [54:40.660 --> 54:46.660] Yeah, I've already messaged Deborah about it, and she's already got a call in to the admin to see what's going on. [54:46.660 --> 54:47.660] Okay. [54:47.660 --> 54:48.660] Just one more note. [54:48.660 --> 54:51.660] The Austin listen line is working. [54:51.660 --> 54:58.660] The Austin – okay, I didn't know we had a listen line – or the txlr? [54:58.660 --> 55:02.660] The site I just gave you or something else? [55:02.660 --> 55:03.660] Something else. [55:03.660 --> 55:04.660] Oh, okay. [55:04.660 --> 55:05.660] All right. [55:05.660 --> 55:10.660] I don't know what the Austin listen line is, but okay. [55:10.660 --> 55:11.660] All right. [55:11.660 --> 55:12.660] Have a good one. [55:12.660 --> 55:13.660] All right. [55:13.660 --> 55:14.660] Thanks, sir. [55:14.660 --> 55:15.660] All right. [55:15.660 --> 55:17.660] Now we're going to go to Eric in California. [55:17.660 --> 55:20.660] Eric, what can we do for you? [55:20.660 --> 55:21.660] Hi. [55:21.660 --> 55:25.660] I have to go into court for a traffic ticket. [55:25.660 --> 55:26.660] There's two charges. [55:26.660 --> 55:27.660] There are two violations. [55:27.660 --> 55:31.660] It's speeding and no insurance. [55:31.660 --> 55:35.660] Did an officer pull you over to issue these citations? [55:35.660 --> 55:36.660] Yes, he did. [55:36.660 --> 55:39.660] This is in California. [55:39.660 --> 55:40.660] In California. [55:40.660 --> 55:41.660] They're both infractions. [55:41.660 --> 55:43.660] They're both civil infractions. [55:43.660 --> 55:46.660] That's an important distinction. [55:46.660 --> 55:47.660] Okay. [55:47.660 --> 55:51.660] All right, you need to go to my blog site and look at the information there so as to [55:51.660 --> 55:56.660] properly write up a motion to dismiss. [55:56.660 --> 55:59.660] The stuff that you need is there. [55:59.660 --> 56:07.660] And the blog site is Taooflaw.wordpress.com. [56:07.660 --> 56:12.660] And you are looking for the article titled Civil Infractions. [56:12.660 --> 56:17.660] Let me get you the exact title here. [56:17.660 --> 56:23.660] Let's see. [56:23.660 --> 56:27.660] Things to know about civil infractions if your state has them. [56:27.660 --> 56:28.660] Okay. [56:28.660 --> 56:34.660] You're going to file two documents, a motion or a request for interrogatories. [56:34.660 --> 56:40.660] And now I've got a list of seven interrogatories there that you want answers to from the officer. [56:40.660 --> 56:41.660] Okay. [56:41.660 --> 56:49.660] And then you also file a motion to dismiss stating the violation of rights in relation to an [56:49.660 --> 56:55.660] illegal seizure, okay, by an officer for a civil infraction. [56:55.660 --> 56:57.660] There's no arrest power for a civil infraction. [56:57.660 --> 57:00.660] There's no detention powers for a civil infraction. [57:00.660 --> 57:07.660] At the bottom of that article are three California court cases that says very clearly civil [57:07.660 --> 57:10.660] infractions are not crimes. [57:10.660 --> 57:13.660] Therefore, the arrest is unlawful. [57:13.660 --> 57:17.660] The seizure or detention is unlawful. [57:17.660 --> 57:23.660] Therefore, everything that the officer got to make the allegations is considered fruit of the [57:23.660 --> 57:25.660] poison tree. [57:25.660 --> 57:27.660] Right, okay. [57:27.660 --> 57:32.660] Now there's also an article up there on my blog dealing with understanding the fruit of the [57:32.660 --> 57:34.660] poison tree doctrine. [57:34.660 --> 57:38.660] I highly suggest you read that as well. [57:38.660 --> 57:43.660] Okay. [57:43.660 --> 57:49.660] Now what happens if they deny the motion? [57:49.660 --> 57:52.660] If they deny the motion, you're not in front of a judge. [57:52.660 --> 57:56.660] You're in front of an administrative commissioner. [57:56.660 --> 58:00.660] Sue the crap out of them. [58:00.660 --> 58:01.660] Just file a lawsuit against them. [58:01.660 --> 58:06.660] Sue them in small claims court for violation of rights. [58:06.660 --> 58:11.660] And sue them personally for 10 grand. [58:11.660 --> 58:12.660] Wow. [58:12.660 --> 58:15.660] Because they have absolutely no immunity as a commissioner. [58:15.660 --> 58:17.660] They're not acting judicially. [58:17.660 --> 58:23.660] So they can't claim judicial immunity, official immunity, or sovereign immunity. [58:23.660 --> 58:26.660] Right. [58:26.660 --> 58:28.660] Okay. [58:28.660 --> 58:29.660] Okay. [58:29.660 --> 58:30.660] All right. [58:30.660 --> 58:31.660] Good luck. [58:31.660 --> 58:35.660] If you got another question, hang on, then we'll get it on the other side, okay? [58:35.660 --> 58:36.660] All right. [58:36.660 --> 58:37.660] Hold on. [58:37.660 --> 58:38.660] All right, folks. [58:38.660 --> 58:42.660] This is Rule of Law Radio calling number 512-646-1984. [58:42.660 --> 58:49.660] We'll be right back. [58:49.660 --> 58:55.660] The Bible remains the most popular book in the world, yet countless readers are frustrated [58:55.660 --> 58:57.660] because they struggle to understand it. [58:57.660 --> 59:03.660] Some new translations try to help by simplifying the text, but in the process can compromise [59:03.660 --> 59:06.660] the profound meaning of the Scripture. [59:06.660 --> 59:08.660] Enter the recovery version. [59:08.660 --> 59:14.660] First, this new translation is extremely faithful and accurate, but the real story is the more [59:14.660 --> 59:17.660] than 9,000 explanatory footnotes. [59:17.660 --> 59:23.660] Difficult and profound passages are opened up in a marvelous way, providing an entrance [59:23.660 --> 59:27.660] into the riches of the Word beyond which you've ever experienced before. [59:27.660 --> 59:32.660] Bibles for America would like to give you a free recovery version simply for the asking. [59:32.660 --> 59:43.660] This comprehensive yet compact study Bible is yours just by calling us toll free at 1-888-551-0102 [59:43.660 --> 59:47.660] or by ordering online at freestudybible.com. [59:47.660 --> 59:50.660] That's freestudybible.com. [59:50.660 --> 01:00:00.660] You are listening to the Logos Radio Network, logosradionetwork.com. [01:00:00.660 --> 01:00:05.660] The following news flash is brought to you by the Lone Star Lowdown, providing the daily [01:00:05.660 --> 01:00:07.660] bulletins for the commodities market. [01:00:07.660 --> 01:00:20.660] Today in history, news updates and the inside scoop into the tides of the alternative. [01:00:20.660 --> 01:00:27.660] Markets for Friday, April Fool's Day 2016 are currently trading with gold at $1,221.75 an ounce, [01:00:27.660 --> 01:00:34.660] silver $15.04 an ounce, Texas crude $38.34 a barrel, and Bitcoin is currently sitting [01:00:34.660 --> 01:00:42.660] at about $416 U.S. currency. [01:00:42.660 --> 01:00:48.660] Today in history, the year 2001, same-sex civil unions become legal in the Netherlands. [01:00:48.660 --> 01:00:53.660] The first country in the world issued civil union licenses to gay and lesbian couples. [01:00:53.660 --> 01:01:02.660] Today in history, in recent use, some corporate April Fool's pranks went not so well this year. [01:01:02.660 --> 01:01:07.660] Yahoo's Inc. News Service published an article reporting that all the Trader Joe's more than [01:01:07.660 --> 01:01:10.660] 450 grocery stores would be closing in 2017. [01:01:10.660 --> 01:01:14.660] Trader Joe's fans went to Twitter with mad tweets, even though at the end of the article [01:01:14.660 --> 01:01:16.660] it stated that it was clearly a joke. [01:01:16.660 --> 01:01:20.660] A spokeswoman for Trader Joe's said that the chain had nothing to do with it, and Google, [01:01:20.660 --> 01:01:24.660] who has been quite active in pranking customers for the last decade on this date, added a [01:01:24.660 --> 01:01:29.660] Gmail mic drop button to their Gmail services, which automatically sent an animated image [01:01:29.660 --> 01:01:33.660] from the Minions movie, showing the character Bob dropping a microphone. [01:01:33.660 --> 01:01:38.660] Many users were unhappy after accidentally pressing the button, sending the joke email, [01:01:38.660 --> 01:01:43.660] and replied to more serious ones. [01:01:43.660 --> 01:01:48.660] A CIA canine unit conducted a routine training exercise with law enforcement officials at [01:01:48.660 --> 01:01:53.660] a school district in Loudoun County, Virginia, during spring break, during which explosive [01:01:53.660 --> 01:01:58.660] material was inadvertently left by the CIA in one of the school buses used in the exercise, [01:01:58.660 --> 01:02:02.660] which now appears to have unknowingly carried students for two days while the explosive [01:02:02.660 --> 01:02:04.660] material sat underneath a hood. [01:02:04.660 --> 01:02:09.660] Loudoun County Public Schools officials stated that the bus was in service on Monday and [01:02:09.660 --> 01:02:14.660] Tuesday, made eight runs, totaling roughly 145 miles, carrying 26 students. [01:02:14.660 --> 01:02:18.660] The explosive material was discovered during a routine maintenance job Wednesday afternoon. [01:02:18.660 --> 01:02:19.660] Why the fumble? [01:02:19.660 --> 01:02:23.660] Apparently a container holding the explosives was hidden inside the engine compartment during [01:02:23.660 --> 01:02:27.660] the canine training, of which a portion of it fell from the container into the engine [01:02:27.660 --> 01:02:30.660] compartment and was simply overlooked during the recovery. [01:02:30.660 --> 01:02:34.660] And though the CIA is assuring the public that the material posted no immediate danger, [01:02:34.660 --> 01:02:38.660] the exact nature of the material is not being released by request of the CIA. [01:02:38.660 --> 01:02:42.660] To ensure, I'm sure, that a compromising of training techniques is not made public, [01:02:42.660 --> 01:02:47.660] Loudoun County Public Schools County law and fire officials and the CIA have announced [01:02:47.660 --> 01:02:52.660] this particular training program has been suspended until a thorough review of all procedures [01:02:52.660 --> 01:02:55.660] is completed. [01:02:55.660 --> 01:03:00.660] This is Rick Roady with your Lowdown for April 1, 2016. [01:03:00.660 --> 01:03:13.660] Music [01:03:13.660 --> 01:03:26.660] Music [01:03:26.660 --> 01:03:36.660] Music [01:03:36.660 --> 01:03:46.660] Music [01:03:46.660 --> 01:03:56.660] Music [01:03:56.660 --> 01:04:06.660] Music [01:04:06.660 --> 01:04:16.660] Music [01:04:16.660 --> 01:04:17.660] Alright folks, we are back. [01:04:17.660 --> 01:04:21.660] This is Rule of Law Radio and we are still talking with Eric in California. [01:04:21.660 --> 01:04:24.660] Alright, Eric, what other questions do you have? [01:04:24.660 --> 01:04:31.660] Okay, my other question concerned today, I went in to request an extension and the clerk [01:04:31.660 --> 01:04:36.660] gave me a statement, she tried to give me an adventure into a plea. [01:04:36.660 --> 01:04:42.660] Now, are they allowed to do that or is only a judge allowed to do that? [01:04:42.660 --> 01:04:50.660] As far as I know, the only person authorized in any way, shape or form to preside over [01:04:50.660 --> 01:04:56.660] an official proceeding, which is required in order to take a plea from an accused individual [01:04:56.660 --> 01:05:03.660] of anything, is a magistrate slash judge, okay? [01:05:03.660 --> 01:05:06.660] Which a clerk is not. [01:05:06.660 --> 01:05:08.660] Right. [01:05:08.660 --> 01:05:12.660] So the answer to your question would be? [01:05:12.660 --> 01:05:13.660] No. [01:05:13.660 --> 01:05:16.660] Exactly. [01:05:16.660 --> 01:05:20.660] So what you do is say, well, I appreciate your legal advice and your attempt to impersonate [01:05:20.660 --> 01:05:26.660] a judicial officer, can you please point me to the nearest marshal or police officer so [01:05:26.660 --> 01:05:31.660] that I can report your criminal act? [01:05:31.660 --> 01:05:35.660] Look at how big their eyes will get when you do that. [01:05:35.660 --> 01:05:37.660] Right. [01:05:37.660 --> 01:05:42.660] She tried to get me to sign something saying that I understand that I've been explained [01:05:42.660 --> 01:05:48.660] the charges and she actually never showed me anything and I brought that up and she [01:05:48.660 --> 01:05:53.660] showed me, oh, it's on this piece of paper right here and then that was the charges. [01:05:53.660 --> 01:05:58.660] I never signed the, I never entered into a plea and I didn't sign the thing that says [01:05:58.660 --> 01:06:02.660] I was presented with the charges or anything. [01:06:02.660 --> 01:06:03.660] Yeah. [01:06:03.660 --> 01:06:04.660] And don't. [01:06:04.660 --> 01:06:05.660] Do not ever enter a plea. [01:06:05.660 --> 01:06:08.660] You waive rights when you enter a plea. [01:06:08.660 --> 01:06:13.660] And one of them is the challenge to jurisdiction of you personally, which you don't ever want [01:06:13.660 --> 01:06:16.660] to waive, okay? [01:06:16.660 --> 01:06:20.660] But here we have the issue of you have every right to challenge what they're doing. [01:06:20.660 --> 01:06:24.660] So in your motion to dismiss, you're going to cite several things. [01:06:24.660 --> 01:06:31.660] You're going to cite illegal search and seizure, deprivation of rights under color of law, [01:06:31.660 --> 01:06:35.660] fruit of the poison tree doctrine, okay? [01:06:35.660 --> 01:06:42.660] And denial of the right to due process in that the court lacks or this panel or commissioner [01:06:42.660 --> 01:06:47.660] or whatever lacks impersonal jurisdiction of the individual. [01:06:47.660 --> 01:06:48.660] Okay. [01:06:48.660 --> 01:06:54.660] Because California law is very clear that all traffic citations relate to commercial [01:06:54.660 --> 01:06:56.660] activity, not the private. [01:06:56.660 --> 01:07:01.660] It's very, very clear in the case law and in the statutes that that is how it works. [01:07:01.660 --> 01:07:05.660] So they lack impersonal jurisdiction from the very beginning. [01:07:05.660 --> 01:07:10.660] That makes everything the cop does doubly a crime. [01:07:10.660 --> 01:07:12.660] Right, okay. [01:07:12.660 --> 01:07:16.660] Now, don't forget, besides suing this commissioner, you can sue the cop, [01:07:16.660 --> 01:07:21.660] and he can't claim immunity either for an illegal act like that. [01:07:21.660 --> 01:07:25.660] Right, okay. [01:07:25.660 --> 01:07:27.660] Sounds like that's what I'm going to do then. [01:07:27.660 --> 01:07:29.660] Well, good luck. [01:07:29.660 --> 01:07:30.660] Okay. [01:07:30.660 --> 01:07:31.660] It's what needs to be done. [01:07:31.660 --> 01:07:33.660] Let me put it that way. [01:07:33.660 --> 01:07:34.660] Right. [01:07:34.660 --> 01:07:35.660] All right. [01:07:35.660 --> 01:07:36.660] Anything else? [01:07:36.660 --> 01:07:37.660] No, that's it. [01:07:37.660 --> 01:07:40.660] All right, well, thanks for calling in, Eric. [01:07:40.660 --> 01:07:41.660] Bye-bye. [01:07:41.660 --> 01:07:42.660] All right. [01:07:42.660 --> 01:07:47.660] Now we're going to go to Richard in looks like Louisiana or some other place named [01:07:47.660 --> 01:07:48.660] Lou. [01:07:48.660 --> 01:07:50.660] Richard, what can we do for you? [01:07:50.660 --> 01:07:52.660] Hi, it's Louisiana. [01:07:52.660 --> 01:07:53.660] Okay. [01:07:53.660 --> 01:07:56.660] I just wanted to make sure you weren't like living in a porta potty or something. [01:07:56.660 --> 01:07:58.660] Unless in the Lou, huh? [01:07:58.660 --> 01:07:59.660] Yeah. [01:07:59.660 --> 01:08:06.660] Hey, I called you last week in regard to a parking violation I received in the city [01:08:06.660 --> 01:08:09.660] of New Orleans, which happens to be in the state of Lou. [01:08:09.660 --> 01:08:16.660] And you referred me to your site to read some article about ordinances and references. [01:08:16.660 --> 01:08:21.660] And I've been on a week, for a week now, trying to locate that. [01:08:21.660 --> 01:08:28.660] And I'm just not having any luck on your website or any Google search for those terms [01:08:28.660 --> 01:08:30.660] in regard to Eddie Craig. [01:08:30.660 --> 01:08:34.660] What do you mean in regard to Eddie Craig? [01:08:34.660 --> 01:08:40.660] I put your name in, I put town of law, I put rule of law radio, and I don't see any. [01:08:40.660 --> 01:08:44.660] You suggested I read an article you wrote about the ordinances. [01:08:44.660 --> 01:08:45.660] Yeah. [01:08:45.660 --> 01:08:55.660] The word, the website is Dow of Law, T-A-O-O-F-L-A-W dot wordpress dot com. [01:08:55.660 --> 01:08:56.660] Wordpress dot com. [01:08:56.660 --> 01:09:01.660] I've done that for a week now, and I cannot come up with anything. [01:09:01.660 --> 01:09:03.660] Wait a minute. [01:09:03.660 --> 01:09:06.660] You can't come up with that website? [01:09:06.660 --> 01:09:10.660] I come up with what is cow of law, and all that is is one page. [01:09:10.660 --> 01:09:11.660] Wait, wait, wait. [01:09:11.660 --> 01:09:14.660] Spell what you wrote down there. [01:09:14.660 --> 01:09:24.660] T-A-O-O-F-L-A-W dot W-O-R-D-P-R-E-S-S dot com. [01:09:24.660 --> 01:09:25.660] Okay. [01:09:25.660 --> 01:09:30.660] Well, I'm sitting here looking at that website, so I'm not sure why you're not getting it. [01:09:30.660 --> 01:09:36.660] Yeah, and for a week now, I've been trying to locate this article that you suggested that I read, [01:09:36.660 --> 01:09:42.660] and as my court appearance is next Monday, or Tuesday rather, [01:09:42.660 --> 01:09:47.660] I'm getting a little anxious because I'd really rather not give them the $40. [01:09:47.660 --> 01:09:48.660] Okay. [01:09:48.660 --> 01:09:56.660] Well, if you can't get here, I don't know what to tell you because I'm sitting here looking at the site. [01:09:56.660 --> 01:10:00.660] Okay. Is it a picture of Bruce Lee in the background? [01:10:00.660 --> 01:10:01.660] Yes. [01:10:01.660 --> 01:10:02.660] What is cow of law? [01:10:02.660 --> 01:10:03.660] Yeah. [01:10:03.660 --> 01:10:04.660] Okay. [01:10:04.660 --> 01:10:08.660] I'm on that site, and anything I click on doesn't do anything. [01:10:08.660 --> 01:10:09.660] Okay. [01:10:09.660 --> 01:10:15.660] If you scroll down, you will see white, correct? [01:10:15.660 --> 01:10:18.660] I see forms and templates repository. [01:10:18.660 --> 01:10:24.660] Our forms and templates will be, in essence, the searchable library for legal forms and templates. [01:10:24.660 --> 01:10:28.660] They're explicitly accessible and downloadable by our members for motion briefs. [01:10:28.660 --> 01:10:32.660] If David's noticed any other documents coming in use in court-related process, period. [01:10:32.660 --> 01:10:35.660] That's it. [01:10:35.660 --> 01:10:40.660] No, I don't know where you're getting that from. [01:10:40.660 --> 01:10:45.660] The Bruce Lee background is right, but if you scroll down from there, [01:10:45.660 --> 01:10:50.660] what you should see at the very top is research, statutes are not the law, do your due diligence. [01:10:50.660 --> 01:10:53.660] That's the last article I published up there. [01:10:53.660 --> 01:10:58.660] All it is is a black page with Bruce Lee, what is cow of law, and... [01:10:58.660 --> 01:10:59.660] No, no, no. [01:10:59.660 --> 01:11:00.660] You're... [01:11:00.660 --> 01:11:01.660] No, no, no, no. [01:11:01.660 --> 01:11:04.660] You are at the logo site. [01:11:04.660 --> 01:11:05.660] Okay. [01:11:05.660 --> 01:11:07.660] Don't go to the logo site. [01:11:07.660 --> 01:11:12.660] Type in only what I told you to type in and nothing else. [01:11:12.660 --> 01:11:13.660] Okay. [01:11:13.660 --> 01:11:16.660] Let's try it again for going on a week now. [01:11:16.660 --> 01:11:31.660] Cow of law, cow of law dot w-o-r-d-p-r-e-s-s dot c-o-m search. [01:11:31.660 --> 01:11:33.660] Why are you typing it in a search? [01:11:33.660 --> 01:11:36.660] Type it in the address bar. [01:11:36.660 --> 01:11:38.660] Okay. [01:11:38.660 --> 01:11:40.660] Let's do it that way. [01:11:40.660 --> 01:11:51.660] T-w-o-r-d-p-r-e-s-s dot c-o-m. [01:11:51.660 --> 01:11:53.660] Go. [01:11:53.660 --> 01:11:56.660] All right. [01:11:56.660 --> 01:12:03.660] You still will get a page with a judge at the very top and a picture of Bruce Lee centered on the page below that. [01:12:03.660 --> 01:12:04.660] Uh-huh. [01:12:04.660 --> 01:12:05.660] Yeah. [01:12:05.660 --> 01:12:06.660] I don't know. [01:12:06.660 --> 01:12:08.660] I don't get anything. [01:12:08.660 --> 01:12:10.660] Anyway, so you would suggest... [01:12:10.660 --> 01:12:11.660] Okay. [01:12:11.660 --> 01:12:20.660] Send me an e-mail so I can send you the link back so we can figure out what's going on because something is not going right on your end. [01:12:20.660 --> 01:12:21.660] Yeah. [01:12:21.660 --> 01:12:26.660] I sent you two e-mails already over the past week. [01:12:26.660 --> 01:12:27.660] Okay. [01:12:27.660 --> 01:12:35.660] Well, I've been in the process of redoing this machine, so I haven't been on it for the purpose of reading e-mails or anything here for almost two weeks. [01:12:35.660 --> 01:12:42.660] I've only been intermittently posting on Facebook, so I will look and see what I've got. [01:12:42.660 --> 01:12:43.660] Okay. [01:12:43.660 --> 01:12:44.660] Okay? [01:12:44.660 --> 01:12:45.660] All right. [01:12:45.660 --> 01:12:46.660] Well, thank you, guys. [01:12:46.660 --> 01:12:47.660] All right. [01:12:47.660 --> 01:12:49.660] Okay. [01:12:49.660 --> 01:12:50.660] Okay. [01:12:50.660 --> 01:12:56.660] Well, now that we've figured out that we ain't figured that one out yet, let's go to Oliver in Tennessee. [01:12:56.660 --> 01:12:59.660] Oliver, what do you got? [01:12:59.660 --> 01:13:00.660] How you doing, Eddie? [01:13:00.660 --> 01:13:02.660] I'm doing okay. [01:13:02.660 --> 01:13:03.660] How about you? [01:13:03.660 --> 01:13:06.660] Sure. [01:13:06.660 --> 01:13:08.660] I went to court today. [01:13:08.660 --> 01:13:12.660] I got the charges dismissed on... [01:13:12.660 --> 01:13:13.660] They got my friend. [01:13:13.660 --> 01:13:23.660] I stopped a check on my friend, and they stopped and harassed me, locked me up for calling 911, and driving on the road revoking a suspended license. [01:13:23.660 --> 01:13:28.660] I've been reading up on the 1980s, there's losses and everything. [01:13:28.660 --> 01:13:46.660] And there's a situation that happened during the court proceedings where when I asked for the discovery, they gave me a discovery and they gave me a CD with a 911 call on it, but they said that there was no video. [01:13:46.660 --> 01:13:55.660] They said that the state and the cops said that there was no video of the stop on file. [01:13:55.660 --> 01:14:07.660] So what I did was I went and applied to see if there was video, and the records department gave me a video. [01:14:07.660 --> 01:14:13.660] So I'm trying to see, is that considered a due process violation? [01:14:13.660 --> 01:14:17.660] Well, who did you file the request for the video for? [01:14:17.660 --> 01:14:19.660] Or with, I should say. [01:14:19.660 --> 01:14:25.660] With the police, the investigation... [01:14:25.660 --> 01:14:31.660] I mean, the way to hold the video, the investigation department. [01:14:31.660 --> 01:14:32.660] Okay. [01:14:32.660 --> 01:14:38.660] You filed the information request with the police agency that had the video. [01:14:38.660 --> 01:14:40.660] Yeah, with the evidence, yes. [01:14:40.660 --> 01:14:44.660] I went to the evidence department of the police station that stopped them. [01:14:44.660 --> 01:14:45.660] Okay. [01:14:45.660 --> 01:14:47.660] Whoa, whoa, whoa, whoa, whoa, whoa. [01:14:47.660 --> 01:14:55.660] Don't go to a particular department, okay, because here's what I guarantee you they did. [01:14:55.660 --> 01:15:00.660] You went to a place where they had evidence, okay. [01:15:00.660 --> 01:15:10.660] You assumed, incorrectly apparently, that they were going to attempt to use the video from the stop as evidence. [01:15:10.660 --> 01:15:18.660] That does not mean that that video would be in the evidence lockup and their care, okay, [01:15:18.660 --> 01:15:26.660] because that's on the internal police department computers, not in the evidence room, all right. [01:15:26.660 --> 01:15:31.660] So when you go to that particular department and ask for evidence in their custody, [01:15:31.660 --> 01:15:34.660] they're going to come back and say, well, you ain't got nothing like that. [01:15:34.660 --> 01:15:37.660] No, they gave it to me. [01:15:37.660 --> 01:15:38.660] Okay, well... [01:15:38.660 --> 01:15:39.660] They gave me the video. [01:15:39.660 --> 01:15:44.660] Then who did you file the request with that said they didn't have it? [01:15:44.660 --> 01:15:48.660] My public defender filed the motion for discovery, [01:15:48.660 --> 01:15:52.660] and he said that this is all that the state provided them, and there was nothing left. [01:15:52.660 --> 01:15:58.660] Who, okay, did you read his petition for discovery, and who did he ask for it from? [01:15:58.660 --> 01:16:00.660] Yes, it is. [01:16:00.660 --> 01:16:07.660] The way that they do it here is a generic motion that is put in with everybody filed, [01:16:07.660 --> 01:16:14.660] which demands for the state to give all relevant information that they're going to be using. [01:16:14.660 --> 01:16:16.660] Exactly. [01:16:16.660 --> 01:16:21.660] There you go, that they're going to be using at trial. [01:16:21.660 --> 01:16:22.660] Right. [01:16:22.660 --> 01:16:29.660] Obviously, they had no intention of producing that video. [01:16:29.660 --> 01:16:31.660] So that's not a due process, is that it? [01:16:31.660 --> 01:16:39.660] No, not if they got away with letting that wording through there, your attorney's a moron. [01:16:39.660 --> 01:16:44.660] Your attorney should be stating any evidence or recordings. [01:16:44.660 --> 01:16:45.660] This shouldn't just be evidence. [01:16:45.660 --> 01:16:50.660] Any recordings made by the police department and kept in their care or custody, [01:16:50.660 --> 01:16:55.660] whether or not they will be used at trial, because the sculpatory applies, too. [01:16:55.660 --> 01:17:01.660] Hang on, we'll be right back. [01:17:25.660 --> 01:17:31.660] We'll be right back. [01:17:55.660 --> 01:18:01.660] We'll be right back. [01:18:25.660 --> 01:18:31.660] Logos Radio Network gets many requests to endorse all sorts of products, most of which we reject. [01:18:31.660 --> 01:18:36.660] We have come to trust Jungevity so much, we became a marketing distributor, [01:18:36.660 --> 01:18:39.660] along with Alex Jones, Ben Fuchs, and many others. [01:18:39.660 --> 01:18:47.660] When you order from logosradionetwork.com, your health will improve as you help support quality radio. [01:18:47.660 --> 01:18:51.660] As you realize the benefits of Jungevity, you may want to join us. [01:18:51.660 --> 01:18:58.660] As a distributor, you can experience improved health, help your friends and family, and increase your income. [01:18:58.660 --> 01:19:01.660] Order now. [01:19:01.660 --> 01:19:10.660] This is the Logos Radio Network. [01:19:10.660 --> 01:19:31.660] All right, folks, we are back. [01:19:31.660 --> 01:19:33.660] This is Rule of Law Radio. [01:19:33.660 --> 01:19:36.660] All right, we are still talking with Oliver in Tennessee. [01:19:36.660 --> 01:19:38.660] All right, Oliver. [01:19:38.660 --> 01:19:46.660] No, it is not a due process violation because technically they complied with the terms of the motion for discovery. [01:19:46.660 --> 01:19:50.660] If you intend to use it as evidence, produce it. [01:19:50.660 --> 01:19:58.660] That means your attorney was an idiot, because what he should have written was that produce all writings, [01:19:58.660 --> 01:20:05.660] recordings, or other information produced by the police department in relation to this stop, [01:20:05.660 --> 01:20:16.660] including audio-video recordings, any calls to and from the computer-aided dispatcher and the system therein, [01:20:16.660 --> 01:20:23.660] and any radio traffic recordings in response to that CAD report. [01:20:23.660 --> 01:20:25.660] That is what he should have asked for. [01:20:25.660 --> 01:20:28.660] He should not have qualified it if you intend to use it, [01:20:28.660 --> 01:20:39.660] because that would mean that they are now free to exclude it even if it is exculpatory, [01:20:39.660 --> 01:20:46.660] even though by definition they are required to provide that information if it is exculpatory. [01:20:46.660 --> 01:20:52.660] But your attorney has to be smart enough to ask for it, and obviously he was not. [01:20:52.660 --> 01:20:53.660] No, he did not. [01:20:53.660 --> 01:20:56.660] They told him that there was no video. [01:20:56.660 --> 01:20:58.660] No, no, no, no, no, no. [01:20:58.660 --> 01:21:05.660] You just told me what he did, and what he did was give me video if you intend to use video. [01:21:05.660 --> 01:21:11.660] Well, there ain't no video because we don't intend to use any video. [01:21:11.660 --> 01:21:15.660] But, okay, I understand what you're saying. [01:21:15.660 --> 01:21:19.660] Well, when I went and applied for the video, that's when... [01:21:19.660 --> 01:21:24.660] Right, but you went and specifically asked for the video relating to the stop, right? [01:21:24.660 --> 01:21:25.660] Right. [01:21:25.660 --> 01:21:27.660] But you didn't ask for that in discovery. [01:21:27.660 --> 01:21:29.660] You did that through an information request, right? [01:21:29.660 --> 01:21:30.660] Yes. [01:21:30.660 --> 01:21:31.660] Okay. [01:21:31.660 --> 01:21:35.660] But you asked specifically for those recordings, right? [01:21:35.660 --> 01:21:36.660] Right. [01:21:36.660 --> 01:21:41.660] Something your attorney did not do in his motion for discovery, right? [01:21:41.660 --> 01:21:42.660] Right. [01:21:42.660 --> 01:21:43.660] There you go. [01:21:43.660 --> 01:21:45.660] Yes, right. [01:21:45.660 --> 01:21:48.660] Not in detail like you were saying. [01:21:48.660 --> 01:21:50.660] Yeah, not at all. [01:21:50.660 --> 01:21:54.660] He just said, if you're going to use it as evidence, give it to us. [01:21:54.660 --> 01:21:55.660] Oh, well, okay. [01:21:55.660 --> 01:21:57.660] Well, we're not going to use this video. [01:21:57.660 --> 01:21:58.660] We're not going to use this audio. [01:21:58.660 --> 01:22:00.660] We're not going to use this CAD report. [01:22:00.660 --> 01:22:07.660] We're just going to use the officer's testimony and the citations. [01:22:07.660 --> 01:22:09.660] So they thought it would be that easy. [01:22:09.660 --> 01:22:12.660] Exactly. [01:22:12.660 --> 01:22:16.660] Hence the reason I said your attorney's an idiot. [01:22:16.660 --> 01:22:18.660] Well, he's a public defender. [01:22:18.660 --> 01:22:19.660] He's an idiot. [01:22:19.660 --> 01:22:21.660] That's why he's a public defender. [01:22:21.660 --> 01:22:25.660] He can't get real work. [01:22:25.660 --> 01:22:30.660] I thought they were into hoops, like they actually know what's going on. [01:22:30.660 --> 01:22:36.660] Why do you think he left the language so damn generic? [01:22:36.660 --> 01:22:43.660] He knew very well that they were not going to produce that video or anything like it if he didn't ask for it specifically. [01:22:43.660 --> 01:22:51.660] And if he didn't know that, then he shouldn't have a bar card to begin with or a law degree. [01:22:51.660 --> 01:22:53.660] He's an idiot. [01:22:53.660 --> 01:22:54.660] I got you. [01:22:54.660 --> 01:22:55.660] I'll switch it back. [01:22:55.660 --> 01:22:56.660] All right. [01:22:56.660 --> 01:23:04.660] So when I go for this 1983 lawsuit, all the things that I could get them for is to go and meet that one lawsuit. [01:23:04.660 --> 01:23:09.660] If they've actually got a rights violation you can hang your hat on, yes. [01:23:09.660 --> 01:23:13.660] Okay. [01:23:13.660 --> 01:23:22.660] Well, me being arrested and not being charged, charged being dismissed and me being arrested is not. [01:23:22.660 --> 01:23:29.660] Well, the thing about the charges being dismissed is did they dismiss before or after jeopardy attached? [01:23:29.660 --> 01:23:37.660] Because that's going to bring up the issue of a false imprisonment and a malicious prosecution versus just the false imprisonment. [01:23:37.660 --> 01:23:39.660] Okay. [01:23:39.660 --> 01:23:42.660] Jeopardy attached means when? [01:23:42.660 --> 01:23:45.660] It depends on several factors. [01:23:45.660 --> 01:23:55.660] But generally jeopardy attaches once the impetus and machinations of the state are brought to bear on the individual for the purpose of a prosecution. [01:23:55.660 --> 01:24:07.660] So that is generally, depending upon what the instrument invokes, it can be when a complaint is filed or it can be only after that complaint becomes an indictment or information. [01:24:07.660 --> 01:24:11.660] And in other cases, when a jury is impaneled, it depends. [01:24:11.660 --> 01:24:21.660] In your particular case, it could most likely be as soon as an indictment or information was made, jeopardy attached. [01:24:21.660 --> 01:24:28.660] Okay. So is that something you're saying like my trial was supposed to be next month? [01:24:28.660 --> 01:24:29.660] No, no, no. [01:24:29.660 --> 01:24:32.660] It has nothing to do with time frame. [01:24:32.660 --> 01:24:39.660] It has to do entirely with whether or not the state had invoked its mechanism against you. [01:24:39.660 --> 01:24:44.660] I understand that, but I'm trying to figure out how do you know when that has happened? [01:24:44.660 --> 01:24:47.660] Did you get an indictment? [01:24:47.660 --> 01:24:49.660] To go to court? [01:24:49.660 --> 01:24:57.660] No. Did you get an indictment against you? [01:24:57.660 --> 01:25:01.660] I don't know how to answer that. [01:25:01.660 --> 01:25:10.660] Did you get an information filed by a county or district attorney against you? [01:25:10.660 --> 01:25:11.660] Charges? [01:25:11.660 --> 01:25:12.660] No, not. [01:25:12.660 --> 01:25:13.660] No. [01:25:13.660 --> 01:25:15.660] In what form were the charges? [01:25:15.660 --> 01:25:20.660] That's the question. Were they in a complaint by itself? [01:25:20.660 --> 01:25:21.660] Were they in an indictment? [01:25:21.660 --> 01:25:24.660] Were they in an indictment or an information? [01:25:24.660 --> 01:25:26.660] Or were they just an information? [01:25:26.660 --> 01:25:31.660] In what form were the charges brought? [01:25:31.660 --> 01:25:35.660] Okay. I got to figure that out. [01:25:35.660 --> 01:25:42.660] Right. Because if it was just a complaint, then depending upon what the laws are in your particular state, [01:25:42.660 --> 01:25:49.660] that may not have invoked anybody's jurisdiction, in which case Jeopardy did not attach. [01:25:49.660 --> 01:25:58.660] But if it was enough for somebody to hand out an indictment from a grand jury or for a county or district attorney to file an information on, [01:25:58.660 --> 01:26:01.660] then Jeopardy probably did attach. [01:26:01.660 --> 01:26:08.660] You'll have to see what the case law in your state has ruled applies in those cases. [01:26:08.660 --> 01:26:09.660] Okay. [01:26:09.660 --> 01:26:10.660] All right. [01:26:10.660 --> 01:26:17.660] So you're telling me once a grand jury picks up charges, that's basically Jeopardy attached? [01:26:17.660 --> 01:26:21.660] If they make a true bill, an indictment, yes. [01:26:21.660 --> 01:26:22.660] Yeah. Okay. [01:26:22.660 --> 01:26:25.660] So one of my charges didn't get true billed. [01:26:25.660 --> 01:26:26.660] True billed. [01:26:26.660 --> 01:26:29.660] True billed. T-R-U-E. True billed. [01:26:29.660 --> 01:26:34.660] Yeah. Right. The 911 call got no true billed. [01:26:34.660 --> 01:26:37.660] Well, that's just no billed. [01:26:37.660 --> 01:26:42.660] Okay. No bill. And the driving on revoked suspended got true billed. [01:26:42.660 --> 01:26:47.660] Okay. Then you have a true billed and Jeopardy attached under that charge, most likely, [01:26:47.660 --> 01:26:51.660] but you need to get the case law in that state that supports that. [01:26:51.660 --> 01:26:54.660] Because when you make the allegation in your federal lawsuit, [01:26:54.660 --> 01:27:02.660] you've got to show where state law considers that action a violation of your rights under the terms of malicious prosecution. [01:27:02.660 --> 01:27:05.660] Jeopardy had attached. [01:27:05.660 --> 01:27:08.660] Jeopardy attached. Okay. I understand that. [01:27:08.660 --> 01:27:13.660] How fair is that for them to take you to jail and make you pay bond? [01:27:13.660 --> 01:27:15.660] Fair's got nothing to do with this. [01:27:15.660 --> 01:27:20.660] The whole argument here is that it was a rights violation, fair or not. [01:27:20.660 --> 01:27:24.660] It can't be fair and be a rights violation, right? [01:27:24.660 --> 01:27:25.660] Right. [01:27:25.660 --> 01:27:29.660] Okay. So your argument is a rights violation, not the fairness of it. [01:27:29.660 --> 01:27:35.660] No, no, I'm not making that argument, but I'm saying like how can a Jeopardy be attached to one thing, [01:27:35.660 --> 01:27:41.660] but if they don't attach Jeopardy to all the other charges, you can't do anything about it. [01:27:41.660 --> 01:27:42.660] But you went to jail. [01:27:42.660 --> 01:27:47.660] Well, because you weren't, no one could attempt to prosecute you under those charges. [01:27:47.660 --> 01:27:50.660] Therefore, you don't have a call for malicious prosecution. [01:27:50.660 --> 01:27:57.660] Oh, malicious prosecution. How about being in prison and having to pay bail? [01:27:57.660 --> 01:28:00.660] Did they arrest you for those charges? [01:28:00.660 --> 01:28:03.660] Yes, they arrested me for 911, extensive 911. [01:28:03.660 --> 01:28:11.660] Okay. But did these charges all result from the same offense, the same instance? [01:28:11.660 --> 01:28:12.660] Yes, sir. [01:28:12.660 --> 01:28:16.660] Okay. Then that's why that doesn't apply to the other charges that got dropped. [01:28:16.660 --> 01:28:20.660] The only one you can make the claim on is the one they proceeded on. [01:28:20.660 --> 01:28:28.660] Now, if these had been separate, completely isolated incidents, then maybe you could have, maybe, [01:28:28.660 --> 01:28:33.660] because you still have the issue of false imprisonment if they took you directly to jail [01:28:33.660 --> 01:28:38.660] without ever taking you before a magistrate. [01:28:38.660 --> 01:28:46.660] So you have two different possible claims here, false imprisonment for jailing you without a magistrate [01:28:46.660 --> 01:28:52.660] determining whether or not the arrest itself was legal, and then malicious prosecution [01:28:52.660 --> 01:28:58.660] for the charges they came after you on, but then dismissed after jeopardy attacks. [01:28:58.660 --> 01:29:00.660] All right. I understand that. [01:29:00.660 --> 01:29:06.660] How about if they take you to a magistrate and the magistrate finds that probable cause? [01:29:06.660 --> 01:29:12.660] Okay. Then the magistrate has made an independent determination, and now they're covered for that. [01:29:12.660 --> 01:29:14.660] So I get to sue the magistrate? [01:29:14.660 --> 01:29:18.660] No. The magistrate was acting in his proper capacity when he did that. [01:29:18.660 --> 01:29:21.660] You're not going to get to sue him. [01:29:21.660 --> 01:29:23.660] Okay. [01:29:23.660 --> 01:29:27.660] Because he's required to determine whether or not probable cause existed [01:29:27.660 --> 01:29:31.660] based upon the facts and evidence submitted to him. [01:29:31.660 --> 01:29:35.660] Now, the question is, is when and how was that evidence submitted? [01:29:35.660 --> 01:29:42.660] If it was done prior to you ever appearing before him or your counsel appearing before him, [01:29:42.660 --> 01:29:48.660] then you may have an issue of an ex parte communication that provided detriment to you and your case. [01:29:48.660 --> 01:29:51.660] But hang on just a second, and we'll finish that up on the other side. [01:29:51.660 --> 01:29:56.660] All right, folks. This is Rule of Law Radio 512-646-1984. [01:29:56.660 --> 01:30:01.660] We'll be right back. [01:30:01.660 --> 01:30:05.660] When you surf the Internet, you may get the false impression that you're alone, [01:30:05.660 --> 01:30:10.660] but advertisers are likely to be watching, and a Gallup poll says we don't like it one bit. [01:30:10.660 --> 01:30:13.660] I'm Dr. Catherine Albrecht, and I'll be back to tell you more in just a moment. [01:30:41.660 --> 01:30:46.660] According to a new Gallup poll, most Americans are not aware they're being trapped and profiled [01:30:46.660 --> 01:30:49.660] as they surf the Internet, but they clearly hate the idea. [01:30:49.660 --> 01:30:54.660] Researchers ask Internet users if advertisers should be allowed to customize online ads [01:30:54.660 --> 01:30:56.660] to match the websites they've visited. [01:30:56.660 --> 01:30:58.660] 67% said no. [01:30:58.660 --> 01:31:02.660] Nevertheless, advertisers continue their stealthy ways. [01:31:02.660 --> 01:31:04.660] Here are three tips to stop the snooping. [01:31:04.660 --> 01:31:09.660] Number one, stick to privacy-friendly websites when possible, especially for web searches. [01:31:09.660 --> 01:31:13.660] Your search terms reveal a lot about you, like your interests and your medical conditions. [01:31:13.660 --> 01:31:15.660] Number two, delete tracking cookies. [01:31:15.660 --> 01:31:20.660] And number three, visit websites through a proxy, like the one at StartPage.com. [01:31:20.660 --> 01:31:25.660] I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com. [01:31:29.660 --> 01:31:35.660] This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11. [01:31:35.660 --> 01:31:37.660] The government says that fire brought it down. [01:31:37.660 --> 01:31:42.660] However, 1,500 architects and engineers have concluded it was a controlled demolition. [01:31:42.660 --> 01:31:45.660] Over 6,000 of my fellow service members have given their lives. [01:31:45.660 --> 01:31:48.660] And thousands of my fellow first responders are dying. [01:31:48.660 --> 01:31:49.660] I'm not a conspiracy theorist. [01:31:49.660 --> 01:31:50.660] I'm a structural engineer. [01:31:50.660 --> 01:31:51.660] I'm a New York City correction officer. [01:31:51.660 --> 01:31:52.660] I'm an Air Force pilot. [01:31:52.660 --> 01:31:54.660] I'm a father who lost his son. [01:31:54.660 --> 01:31:57.660] We're Americans, and we deserve the truth. [01:31:57.660 --> 01:32:07.660] Go to RememberBuilding7.org today. [01:32:28.660 --> 01:32:31.660] to handle your claim and your roof right the first time. [01:32:31.660 --> 01:32:37.660] Just call 512-992-8745 or go to hillcountryhomeimprovements.com. [01:32:37.660 --> 01:32:40.660] Mention the crypto show and get $100 off. [01:32:40.660 --> 01:32:44.660] And we'll donate another $100 to the Logos Radio Network to help continue this programming. [01:32:44.660 --> 01:32:49.660] So if those out-of-town roofers come knocking, your door should be locking. [01:32:49.660 --> 01:32:55.660] That's 512-992-8745 or hillcountryhomeimprovements.com. [01:32:55.660 --> 01:32:57.660] Discounts are based on full roof replacement. [01:32:57.660 --> 01:33:02.660] May not actually be kidding about chemtrails. [01:33:02.660 --> 01:33:11.660] You're listening to the Logos Radio Network at logosradionetwork.com. [01:33:11.660 --> 01:33:25.660] Yeah. [01:33:41.660 --> 01:34:05.660] All right, folks. [01:34:05.660 --> 01:34:08.660] We are back and we are still talking with Oliver in Tennessee. [01:34:08.660 --> 01:34:12.660] All right, Oliver, let's see if we can wrap this up here. [01:34:12.660 --> 01:34:13.660] All right. [01:34:13.660 --> 01:34:17.660] You were telling me about the magistrate. [01:34:17.660 --> 01:34:22.660] I was brought to the magistrate, but the magistrate was at the jail. [01:34:22.660 --> 01:34:26.660] They were out there arresting me, then brought me down to the jail by the report. [01:34:26.660 --> 01:34:36.660] Yeah, the only way you're going to get at the magistrate is to prove that the magistrate was acting against the proper rules of procedure. [01:34:36.660 --> 01:34:37.660] And see, here's the thing. [01:34:37.660 --> 01:34:42.660] Here in Texas, all court proceedings are required to be public. [01:34:42.660 --> 01:34:49.660] When they conduct these proceedings inside the jail, they are violating that constitutional requirement. [01:34:49.660 --> 01:34:53.660] Nobody ever challenges that, and I don't know why. [01:34:53.660 --> 01:34:56.660] They're not allowed to do that. [01:34:56.660 --> 01:35:00.660] In any state that I know of, they're not allowed to do that. [01:35:00.660 --> 01:35:16.660] Conducting those proceedings in the cell blocks outside of public view and accessibility is a direct violation of the due process of law and constitutional prohibitions on secret proceedings. [01:35:16.660 --> 01:35:17.660] Secret proceedings. [01:35:17.660 --> 01:35:20.660] So look at secret proceedings and take it from there, all right? [01:35:20.660 --> 01:35:27.660] Yeah, or what they call them in other arenas is star chamber proceedings, [01:35:27.660 --> 01:35:30.660] in which case they do this stuff and you're not even present. [01:35:30.660 --> 01:35:41.660] This is what we go to with that ex parte communication where the evidence for the judge found probable cause occurred outside of your presence or knowledge. [01:35:41.660 --> 01:35:44.660] That would be a star chamber proceeding. [01:35:44.660 --> 01:35:58.660] Plus, you would go after secret proceedings or you would do research on cases that alleged to have been in violation of the constitutional provision, preventing such proceedings. [01:35:58.660 --> 01:36:00.660] That's where your research should focus. [01:36:00.660 --> 01:36:13.660] Case opinions that interpret that provision of your state constitution and any statutes or rules or procedures that address that based upon the state constitution. [01:36:13.660 --> 01:36:23.660] For instance, here in Texas, the Bill of Rights says all courts shall be accessible to the public and all proceedings shall be public. [01:36:23.660 --> 01:36:26.660] That's in the Bill of Rights. [01:36:26.660 --> 01:36:29.660] Got you. [01:36:29.660 --> 01:36:34.660] So look at mine and watch out for the wording and understand the wording. [01:36:34.660 --> 01:36:35.660] Exactly. [01:36:35.660 --> 01:36:36.660] I know where to start from. [01:36:36.660 --> 01:36:37.660] All right. Thank you, Ed. [01:36:37.660 --> 01:36:39.660] You're welcome. Good luck. [01:36:39.660 --> 01:36:40.660] All right. [01:36:40.660 --> 01:36:41.660] Bye-bye. [01:36:41.660 --> 01:36:44.660] All right. Now, let's go to Jimmy in Maryland. [01:36:44.660 --> 01:36:48.660] At first, I thought that was who I was talking to a lot over here because they sound very similar. [01:36:48.660 --> 01:36:50.660] Jimmy, what's up? [01:36:50.660 --> 01:36:52.660] Hey, Eddie. [01:36:52.660 --> 01:36:54.660] How about yourself? [01:36:54.660 --> 01:36:56.660] So far, so grand. [01:36:56.660 --> 01:36:57.660] Good. [01:36:57.660 --> 01:37:00.660] Hanging would probably be the closest thing to describe what I'm doing. [01:37:00.660 --> 01:37:02.660] It's called fingertip grip. [01:37:02.660 --> 01:37:05.660] But, yeah, here I am. [01:37:05.660 --> 01:37:08.660] You don't want to be talking really about our case in Maryland. [01:37:08.660 --> 01:37:15.660] Jimmy, whatever you're on, you've got a reverberation to you that is very hard to understand you. [01:37:15.660 --> 01:37:22.660] Can you see if you can either clear that up by getting closer, further away, adjust something where you're at, whatever. [01:37:22.660 --> 01:37:24.660] Okay. How's this? [01:37:24.660 --> 01:37:28.660] A little more tinny but clearer. [01:37:28.660 --> 01:37:30.660] Okay. Let me try to walk outside. [01:37:30.660 --> 01:37:31.660] I'm sitting in my car here. [01:37:31.660 --> 01:37:38.660] Okay. Yeah, I can tell you're on a cell phone because it sounds like it's pretty bad. [01:37:38.660 --> 01:37:41.660] Okay. I'm having trouble with this phone. [01:37:41.660 --> 01:37:42.660] Is this better? [01:37:42.660 --> 01:37:43.660] I'm outside now. [01:37:43.660 --> 01:37:44.660] It's a little bit better. [01:37:44.660 --> 01:37:47.660] You're not reverberating as much. [01:37:47.660 --> 01:37:53.660] Okay. I just wanted to mention about the young lady that called earlier about, you know, her case in Maryland. [01:37:53.660 --> 01:37:55.660] Right. Sheila in Maryland? [01:37:55.660 --> 01:37:57.660] Yeah, Sheila. Yeah. [01:37:57.660 --> 01:37:59.660] She mentioned about a suspended license. [01:37:59.660 --> 01:38:00.660] That's criminal. [01:38:00.660 --> 01:38:01.660] Okay. [01:38:01.660 --> 01:38:02.660] And Maryland suspended license is criminal. [01:38:02.660 --> 01:38:09.660] Also, she can also notice when she goes to court, if there's a prosecutor there, then it's criminal. [01:38:09.660 --> 01:38:13.660] If it's just her against a police officer, then that's not criminal. [01:38:13.660 --> 01:38:14.660] Okay. [01:38:13.660 --> 01:38:15.660] That's how they generally do it in Maryland. [01:38:15.660 --> 01:38:16.660] That's something she's still listing. [01:38:16.660 --> 01:38:17.660] All right. [01:38:17.660 --> 01:38:18.660] Here's the other thing. [01:38:18.660 --> 01:38:25.660] Who is bringing the allegation in the court when it's just the cop? [01:38:25.660 --> 01:38:30.660] Is he there as a representative of the state or of the city? [01:38:30.660 --> 01:38:34.660] Who is the name of the case being prosecuted in? [01:38:34.660 --> 01:38:37.660] It's going to be the state of Maryland versus whoever the defendant is. [01:38:37.660 --> 01:38:38.660] Okay. [01:38:38.660 --> 01:38:39.660] Okay. [01:38:39.660 --> 01:38:41.660] Here's their problem. [01:38:41.660 --> 01:38:47.660] If he is representing the political body known as the state of Maryland, that is a legal entity. [01:38:47.660 --> 01:38:48.660] Okay? [01:38:48.660 --> 01:38:49.660] Uh-huh. [01:38:49.660 --> 01:38:54.660] According to the United States Supreme Court, and don't ask me to tell you what case because I can't remember what it is, [01:38:54.660 --> 01:38:55.660] but I know it's out there. [01:38:55.660 --> 01:39:01.660] I've seen it, and I've heard it recited many times, but I can't recall what the exact passage of it is. [01:39:01.660 --> 01:39:07.660] But only an attorney can represent a legal entity in court. [01:39:07.660 --> 01:39:12.660] They cannot be heard by any other representative. [01:39:12.660 --> 01:39:16.660] Now, that may also be written into state law. [01:39:16.660 --> 01:39:18.660] You need to find that. [01:39:18.660 --> 01:39:21.660] That would go for you too, Sheila, if you show up and it's just a cop. [01:39:21.660 --> 01:39:30.660] But for all you people in Maryland that are listening, if they are representing the political body known as the state of Maryland, [01:39:30.660 --> 01:39:32.660] they better be an attorney. [01:39:32.660 --> 01:39:41.660] A cop is not and cannot represent a legal entity in a court. [01:39:41.660 --> 01:39:43.660] Can't do it. [01:39:43.660 --> 01:39:49.660] He is nowhere near qualified to represent a legal entity in a court. [01:39:49.660 --> 01:39:59.660] And almost every state prohibits representation of a legal entity in a court of law by anyone other than an attorney. [01:39:59.660 --> 01:40:00.660] Uh-huh. [01:40:00.660 --> 01:40:07.660] So I would do some research and see if I can't make an argument with that as well. [01:40:07.660 --> 01:40:08.660] Yeah. [01:40:08.660 --> 01:40:09.660] That's a good point. [01:40:09.660 --> 01:40:16.660] So what I'm thinking was like when she was about to turn the lights on, I know that because of my experiences in life, and that's always criminal. [01:40:16.660 --> 01:40:17.660] Yeah. [01:40:17.660 --> 01:40:22.660] Well, like when she goes in and she sees a prosecutor that wants to talk to her, work out a deal, whatever, check in, all that stuff. [01:40:22.660 --> 01:40:24.660] Tell me how they do it in Maryland. [01:40:24.660 --> 01:40:25.660] Okay. [01:40:25.660 --> 01:40:28.660] Well, we appreciate the info and so will she. [01:40:28.660 --> 01:40:29.660] Okay. [01:40:29.660 --> 01:40:32.660] Now, I want to say about my situation here. [01:40:32.660 --> 01:40:38.660] I told you, I called you earlier and I told you that I did already have this court in the federal court. [01:40:38.660 --> 01:40:43.660] And I made a mistake of going to the federal court first and not going through the state level like I was supposed to. [01:40:43.660 --> 01:40:51.660] But the interesting thing is when the judge denied it, because I'm going through the state level now, when he denied it, he wrote a point that I raised. [01:40:51.660 --> 01:40:57.660] And he said it was two points he would address, and that was commerce and jurisdiction. [01:40:57.660 --> 01:41:05.660] So what I'm saying is, as I go through the process through the state level, I got the judges already that let me know that he's going to look at commerce and jurisdiction. [01:41:05.660 --> 01:41:12.660] And since I was involved in commerce, the court doesn't have jurisdiction, so he's almost indirectly telling me that, you know, I will prevail. [01:41:12.660 --> 01:41:14.660] That's what I mentioned that to you. [01:41:14.660 --> 01:41:15.660] Okay. [01:41:15.660 --> 01:41:16.660] Well, it's possible. [01:41:16.660 --> 01:41:17.660] It's entirely possible. [01:41:17.660 --> 01:41:21.660] But have your ducks in a row to make sure you hit him with anything he does. [01:41:21.660 --> 01:41:28.660] And don't forget to ask for if his opinion is in the negative, get findings of facts and conclusions of law. [01:41:28.660 --> 01:41:30.660] Okay. [01:41:30.660 --> 01:41:31.660] Okay. [01:41:31.660 --> 01:41:40.660] And another thing from Randy, I have what's called a violation of probation hearing that's this Wednesday. [01:41:40.660 --> 01:41:46.660] I was able to file what's called an abate motion to abate proceedings. [01:41:46.660 --> 01:41:47.660] Yeah. [01:41:47.660 --> 01:41:51.660] And he thought that's basically when I saw the judge didn't rule on it. [01:41:51.660 --> 01:42:02.660] So I guess when I go there, she'll have to grant it since I'm still going through the process, you know, into the post-conviction process. [01:42:02.660 --> 01:42:03.660] Okay. [01:42:03.660 --> 01:42:04.660] Does that sound right? [01:42:04.660 --> 01:42:06.660] Well, let's go with it. [01:42:06.660 --> 01:42:12.660] I'm learning from this, Eddie, a lot of these lawyers don't know nothing about doing post-conviction, the process of doing that. [01:42:12.660 --> 01:42:15.660] So you can release your post-conviction process. [01:42:15.660 --> 01:42:16.660] And it's right there in the code. [01:42:16.660 --> 01:42:23.660] I found in the code that I had an email to a lawyer the other day because he said he was asking people about it in his law firm and nobody knows nothing about it. [01:42:23.660 --> 01:42:25.660] Which surprises me. [01:42:25.660 --> 01:42:28.660] How much do you think? [01:42:28.660 --> 01:42:32.660] It's hard to surprise you anything, Eddie. [01:42:32.660 --> 01:42:33.660] Yeah, exactly. [01:42:33.660 --> 01:42:46.660] If you are kidding yourself, America, if you think an attorney actually knows the law, you are kidding yourself. [01:42:46.660 --> 01:42:47.660] Yeah. [01:42:47.660 --> 01:42:48.660] Well, we'll keep trying, Eddie. [01:42:48.660 --> 01:42:52.660] A lot of people call you, they say some very interesting things and sometimes they do shock me. [01:42:52.660 --> 01:42:58.660] But you and Randy, you guys really, I really hear you guys get shocked or stunned. [01:42:58.660 --> 01:43:03.660] Because at this point, nothing they do surprises me. [01:43:03.660 --> 01:43:05.660] They will try anything. [01:43:05.660 --> 01:43:12.660] What surprises me is when somebody higher up the chain actually thinks it's a good idea to agree with them usually. [01:43:12.660 --> 01:43:14.660] That's when I get surprised. [01:43:14.660 --> 01:43:20.660] Because I'm like, how can you get to the position you're in and be that stupid? [01:43:20.660 --> 01:43:28.660] It's just not feasible in my book to get to where you are with that kind of power and be that stupid. [01:43:28.660 --> 01:43:31.660] It just ain't possible. [01:43:31.660 --> 01:43:39.660] But anyway, we live, we learn, we cry about spilt milk and then we hope to grab them by the throat and drown them in a bowl of it. [01:43:39.660 --> 01:43:40.660] All right. [01:43:40.660 --> 01:43:41.660] All right. [01:43:41.660 --> 01:43:42.660] Anything else? [01:43:42.660 --> 01:43:43.660] The other side. [01:43:43.660 --> 01:43:44.660] All right. [01:43:44.660 --> 01:43:45.660] Okay. [01:43:45.660 --> 01:43:47.660] Well, hang in there then and I'll pick you up when we get back. [01:43:47.660 --> 01:43:48.660] All right, folks. [01:43:48.660 --> 01:43:50.660] This is our radio. [01:43:50.660 --> 01:44:00.660] We're coming up into our last segment, so y'all hang on. [01:44:00.660 --> 01:44:04.660] You feel tired when talking about important topics like money and politics? [01:44:04.660 --> 01:44:05.660] Sorry. [01:44:05.660 --> 01:44:08.660] Are you confused by words like the Constitution or the Federal Reserve? [01:44:08.660 --> 01:44:09.660] What? [01:44:09.660 --> 01:44:13.660] If so, you may be diagnosed with the deadliest disease known today, stupidity. [01:44:13.660 --> 01:44:19.660] My name is Steve Holt and like millions of other Americans, I was diagnosed with stupidity at an early age. [01:44:19.660 --> 01:44:25.660] I had no idea that the number one cause of the disease is found in almost every home in America, the television. [01:44:25.660 --> 01:44:30.660] Unfortunately, that puts most Americans at risk of catching stupidity, but there is hope. [01:44:30.660 --> 01:44:36.660] The staff at Brave New Books have helped me and thousands of other foxaholics suffering from sports zombieism recover. [01:44:36.660 --> 01:44:42.660] And because of Brave New Books, I now enjoy reading and watching educational documentaries without feeling tired or uninterested. [01:44:42.660 --> 01:44:54.660] So if you or anybody you know suffers from stupidity, then you need to call 512-480-2503 or visit them in 1904 Guadalupe or bravenewbookstore.com. [01:44:54.660 --> 01:45:00.660] Side effects from using Brave New Books products may include discernment and enlarged vocabulary and an overall increase in mental functioning. [01:45:00.660 --> 01:45:03.660] Are you the plaintiff or defendant in a lawsuit? [01:45:03.660 --> 01:45:09.660] Win your case without an attorney with Juris Dictionary, the affordable, easy to understand, [01:45:09.660 --> 01:45:14.660] 24-CD course that will show you how in 24 hours, step-by-step. [01:45:14.660 --> 01:45:18.660] If you have a lawyer, know what your lawyer should be doing. [01:45:18.660 --> 01:45:22.660] If you don't have a lawyer, know what you should do for yourself. [01:45:22.660 --> 01:45:27.660] Thousands have won with our step-by-step course, and now you can too. [01:45:27.660 --> 01:45:33.660] Juris Dictionary was created by a licensed attorney with 22 years of case-winning experience. [01:45:33.660 --> 01:45:42.660] Even if you're not in a lawsuit, you can learn what everyone should understand about the principles and practices that control our American courts. [01:45:42.660 --> 01:45:51.660] You'll receive our audio classroom, video seminar, tutorials, forms for civil cases, pro se tactics, and much more. [01:45:51.660 --> 01:46:14.660] Please visit ruleoflawradio.com and click on the banner or call toll-free, 866-LAW-EZ. [01:46:14.660 --> 01:46:29.660] All right, folks, we are back, and I think we lost a man there. [01:46:29.660 --> 01:46:30.660] All right. [01:46:30.660 --> 01:46:34.660] That being said, then we're going to move on to our next caller, which is Deliverance in Oregon. [01:46:34.660 --> 01:46:39.660] That is not really a good handle to be going by from Oregon. [01:46:39.660 --> 01:46:44.660] Deling, ding, ding, ding, ding, ding, ding. [01:46:44.660 --> 01:46:45.660] That's so old. [01:46:45.660 --> 01:46:52.660] I know, but still, you got to remember the movie, right? [01:46:52.660 --> 01:46:56.660] And you got to remember the scenes that that name invokes, right? [01:46:56.660 --> 01:47:00.660] That's why it's the butt of all the jokes, no pun intended. [01:47:00.660 --> 01:47:03.660] That's why I've never watched that movie, but. [01:47:03.660 --> 01:47:06.660] Well, okay. [01:47:06.660 --> 01:47:09.660] It might make more sense if you did. [01:47:09.660 --> 01:47:12.660] No, no. [01:47:12.660 --> 01:47:16.660] I go by a different definition of it than I. [01:47:16.660 --> 01:47:17.660] Okay. [01:47:17.660 --> 01:47:19.660] All right. [01:47:19.660 --> 01:47:20.660] All right. [01:47:20.660 --> 01:47:22.660] So what can we do for you? [01:47:22.660 --> 01:47:30.660] Well, first off, I just wanted to say before I get into the actual current situation is about a year ago, [01:47:30.660 --> 01:47:41.660] you helped me with a red light ticket thing and you had me write up something for the judge so that I could get it dismissed. [01:47:41.660 --> 01:47:53.660] And I was supposed to call on the phone and tell you that because the police officer [01:47:53.660 --> 01:48:04.660] that was supposed to be at the hearing because he set trial to fly for. [01:48:04.660 --> 01:48:06.660] Yes. [01:48:06.660 --> 01:48:10.660] You have one time to reset the trial. [01:48:10.660 --> 01:48:11.660] Right. [01:48:11.660 --> 01:48:13.660] Each side. [01:48:13.660 --> 01:48:15.660] And he did it once. [01:48:15.660 --> 01:48:18.660] And then he did it again because he wanted to go on vacation. [01:48:18.660 --> 01:48:23.660] But he didn't get a judge to authorize him resetting the trial. [01:48:23.660 --> 01:48:24.660] Right. [01:48:24.660 --> 01:48:32.660] And so when I went to the court and I told them about it, hey, the ticket says you only have one. [01:48:32.660 --> 01:48:34.660] Each side only has one time. [01:48:34.660 --> 01:48:35.660] And it was done twice. [01:48:35.660 --> 01:48:36.660] And then they looked into it. [01:48:36.660 --> 01:48:41.660] And there was probably over 30 cases that happened that way. [01:48:41.660 --> 01:48:43.660] But I was the only one who came in. [01:48:43.660 --> 01:48:48.660] And they're like, well, you can go talk to a judge today and tell them that. [01:48:48.660 --> 01:48:50.660] And so I went in and talked to them. [01:48:50.660 --> 01:48:54.660] And they just dismissed it right on the spot. [01:48:54.660 --> 01:48:55.660] Well, congratulations. [01:48:55.660 --> 01:49:01.660] If that happens to anyone else, then they can use that, you know, little thing. [01:49:01.660 --> 01:49:02.660] All right. [01:49:02.660 --> 01:49:03.660] Well, thanks for that tidbit for Oregon. [01:49:03.660 --> 01:49:06.660] Remember, folks, she's talking about a court in Oregon. [01:49:06.660 --> 01:49:13.660] And the Oregon rules require that the reset in these cases be done once by either side. [01:49:13.660 --> 01:49:23.660] And in this case, the other side, the officer, reset it a second time but without getting any approval for it and got the case dismissed. [01:49:23.660 --> 01:49:27.660] Now, of course, that could be because the judge informed him of what you had sent in as well. [01:49:27.660 --> 01:49:31.660] And the cop just said, well, I can't show up and beat this, so. [01:49:31.660 --> 01:49:37.660] And they both decided to be better if he just went on vacation. [01:49:37.660 --> 01:49:42.660] Yes, I guess that could be. [01:49:42.660 --> 01:49:44.660] It has happened, believe me. [01:49:44.660 --> 01:49:46.660] It has happened exactly that way. [01:49:46.660 --> 01:49:51.660] The officer finds out that the person knew more than the officer thought they would. [01:49:51.660 --> 01:49:56.660] And now he knows if he gets up there and testifies, he's going to be made to look a fool. [01:49:56.660 --> 01:49:57.660] Right. [01:49:57.660 --> 01:49:58.660] Okay. [01:49:58.660 --> 01:50:07.660] Well, hey, as we have seen all over this phone call, we know more than a lot of them that report to know. [01:50:07.660 --> 01:50:09.660] Exactly. [01:50:09.660 --> 01:50:13.660] And congratulations on you for recognizing that. [01:50:13.660 --> 01:50:15.660] Thank you. [01:50:15.660 --> 01:50:17.660] It's liberating. [01:50:17.660 --> 01:50:28.660] So this current situation is I was in a loading zone and I hadn't parked. [01:50:28.660 --> 01:50:32.660] I was actually not even completely in the parking spot. [01:50:32.660 --> 01:50:34.660] My car was still on. [01:50:34.660 --> 01:50:38.660] It was in neutral and I was moving over into the driver's seat. [01:50:38.660 --> 01:50:40.660] Someone was in there. [01:50:40.660 --> 01:50:42.660] They got out and then I was moving over. [01:50:42.660 --> 01:50:53.660] And the moment a parking meter person came and he... [01:50:53.660 --> 01:50:57.660] Hello? [01:50:57.660 --> 01:50:59.660] Hello? [01:50:59.660 --> 01:51:00.660] Hello? [01:50:59.660 --> 01:51:00.660] Okay, there you go. [01:51:00.660 --> 01:51:02.660] You cut out for a second. [01:51:02.660 --> 01:51:04.660] Oh, what did I miss? [01:51:04.660 --> 01:51:08.660] You said a parking meter person and that's when you disappeared. [01:51:08.660 --> 01:51:13.660] Okay, he came and he started scanning something on my car. [01:51:13.660 --> 01:51:14.660] And I said, hey, what are you doing? [01:51:14.660 --> 01:51:16.660] I'm getting into the driver's seat. [01:51:16.660 --> 01:51:18.660] I'm not parked. [01:51:18.660 --> 01:51:19.660] My car is on. [01:51:19.660 --> 01:51:22.660] And he said, well, what gear is it in? [01:51:22.660 --> 01:51:24.660] And I was like, what, what? [01:51:24.660 --> 01:51:26.660] And then he's like, exactly. [01:51:26.660 --> 01:51:32.660] And he didn't even, you know, I didn't tell him what gear it was in, but he, you know, gave me the ticket. [01:51:32.660 --> 01:51:34.660] And then I was like, hey... [01:51:34.660 --> 01:51:35.660] Let me ask you a question. [01:51:35.660 --> 01:51:39.660] When this parking person pulled up, did they block your ability to get out? [01:51:39.660 --> 01:51:40.660] Yes. [01:51:40.660 --> 01:51:41.660] Okay. [01:51:41.660 --> 01:51:44.660] Then that's the only thing you would need to go in there. [01:51:44.660 --> 01:51:50.660] If you get them in there and say move to dismiss, okay, the car was not parked. [01:51:50.660 --> 01:51:59.660] The officer intentionally blocked me in so that I could not move the car and then wrote the ticket. [01:51:59.660 --> 01:52:00.660] Okay. [01:52:00.660 --> 01:52:03.660] Well, and then they're going to go, well, what were you doing there in the first place? [01:52:03.660 --> 01:52:06.660] Said because someone was getting out and I was moving over. [01:52:06.660 --> 01:52:07.660] We weren't parked. [01:52:07.660 --> 01:52:09.660] We weren't even staying. [01:52:09.660 --> 01:52:14.660] I was dropping them off and I was moving. [01:52:14.660 --> 01:52:15.660] Okay. [01:52:15.660 --> 01:52:18.660] Now I have a little monkey wrench for that. [01:52:18.660 --> 01:52:24.660] I was supposed to have answered this by a certain time. [01:52:24.660 --> 01:52:31.660] And because I'm actually pro se on trying to save my house from a foreclosure, I missed the deadline. [01:52:31.660 --> 01:52:32.660] Okay. [01:52:31.660 --> 01:52:32.660] Wait a minute. [01:52:32.660 --> 01:52:35.660] This is still a parking ticket, right? [01:52:35.660 --> 01:52:36.660] It is. [01:52:35.660 --> 01:52:39.660] This is still a civil infraction, right? [01:52:39.660 --> 01:52:41.660] I believe so. [01:52:41.660 --> 01:52:42.660] I'm pretty sure it will be. [01:52:42.660 --> 01:52:44.660] So the same thing applies. [01:52:44.660 --> 01:52:52.660] When the officer blocks your ability to leave, he has seized you. [01:52:52.660 --> 01:52:54.660] Same thing applies as before. [01:52:54.660 --> 01:53:02.660] There is no authority to seize or detain for a civil infraction. [01:53:02.660 --> 01:53:05.660] And that's what this officer did when he blocked you in. [01:53:05.660 --> 01:53:07.660] Okay. [01:53:07.660 --> 01:53:09.660] Yes. [01:53:09.660 --> 01:53:18.660] So how do I, now that they've already, so the court said that they have, there was default judgment. [01:53:18.660 --> 01:53:25.660] They can't do a default judgment if they never had jurisdiction, and you need to be challenging that jurisdiction. [01:53:25.660 --> 01:53:32.660] The officer had no authority to search and or seize an individual for a civil infraction. [01:53:32.660 --> 01:53:36.660] That's what this officer did. [01:53:36.660 --> 01:53:37.660] Okay. [01:53:37.660 --> 01:53:38.660] Okay. [01:53:38.660 --> 01:53:45.660] Therefore, the court is deprived of jurisdiction because the detention was illegal. [01:53:45.660 --> 01:53:55.660] Now, again, the information you need to make that argument, go to my blog site, t-a-o-o-f-l-a-w dot wordpress dot com. [01:53:55.660 --> 01:54:04.660] Type that address into the address bar of your browser, and that will take you to my Tao of Law WordPress blog. [01:54:04.660 --> 01:54:05.660] Okay. [01:54:05.660 --> 01:54:10.660] Try that now if you're at your computer so we can make sure that it's working for you. [01:54:10.660 --> 01:54:12.660] Yeah, it works for me. [01:54:12.660 --> 01:54:13.660] I did it when you were the other guy. [01:54:13.660 --> 01:54:22.660] Okay, so scroll down there to the article that I talked about earlier where it talks about civil infractions in your state. [01:54:22.660 --> 01:54:33.660] Read that and use the interrogatories and everything else to challenge everything they've done, including their so-called default judgment. [01:54:33.660 --> 01:54:37.660] Okay, civil infractions in my state, that was the part I didn't hear. [01:54:37.660 --> 01:54:39.660] Is that going to be on the right side? [01:54:39.660 --> 01:54:45.660] No, no, no, it'll be on, just scroll down through the articles, and you will find one that's got civil infractions. [01:54:45.660 --> 01:54:49.660] If your state has civil infractions, here's what you need to know about them. [01:54:49.660 --> 01:54:54.660] It'll be something like that, but it'll be the only one that's got civil infractions in the title. [01:54:54.660 --> 01:54:55.660] Oh, got it. [01:54:55.660 --> 01:55:13.660] Okay, and now does that, they're saying that on April 7th, if I don't pay by April 7th, the fines going to double again, or actually they're going to add $250 to the already $180. [01:55:13.660 --> 01:55:16.660] Is there any way to be able to... [01:55:16.660 --> 01:55:25.660] File the motion to dismiss for lack of jurisdiction. The original detention was illegal. [01:55:25.660 --> 01:55:32.660] Therefore, the search and seizure of your information from your car was also illegal. [01:55:32.660 --> 01:55:44.660] The complaint filed misrepresents the facts and is fraudulent on its face by stating that I was parked in such a location as well. [01:55:44.660 --> 01:55:48.660] Okay, challenge everything about it. [01:55:48.660 --> 01:55:53.660] Okay, perfect. And I thank you. [01:55:53.660 --> 01:55:55.660] You're very welcome. [01:55:55.660 --> 01:55:56.660] Okay. [01:55:56.660 --> 01:55:58.660] All right. [01:55:58.660 --> 01:55:59.660] All right. [01:55:59.660 --> 01:56:01.660] All right, you have a good one. [01:56:01.660 --> 01:56:02.660] You too. Thank you. [01:56:02.660 --> 01:56:04.660] You're welcome. Bye-bye. [01:56:04.660 --> 01:56:05.660] All right. [01:56:04.660 --> 01:56:05.660] All right. [01:56:05.660 --> 01:56:11.660] Now we've got, let's see, how much longer do we got? Two minutes and 40 seconds. [01:56:11.660 --> 01:56:16.660] Mineola, New York, what can we do for you? [01:56:16.660 --> 01:56:17.660] Hello? [01:56:16.660 --> 01:56:18.660] Hello? [01:56:18.660 --> 01:56:21.660] How you doing, Mr. Craig? How you doing, sir? [01:56:21.660 --> 01:56:26.660] I'm doing fine, and you? You've got about two minutes, so make it quick, whatever you got. [01:56:26.660 --> 01:56:34.660] All right, man. All right, I was sitting in the back seat, man, and I pulled this over because no insurance, I guess. [01:56:34.660 --> 01:56:40.660] They wanted my ID. I told them they weren't getting nothing. They didn't get nothing. [01:56:40.660 --> 01:56:44.660] So he took me out of the car and arrested me. [01:56:44.660 --> 01:56:45.660] For what? [01:56:45.660 --> 01:56:54.660] He arrested me for driving, for obstructing government officers, because he said he tried to open the door. [01:56:54.660 --> 01:57:07.660] And I held the lockdown, according to him, and therefore he couldn't conduct his lawful duty, which was to get the occupants out of the car. [01:57:07.660 --> 01:57:28.660] Because according to my lawyer, the 11th Circuit Court ruled that an officer can, how do you say it, ask the occupant of the vehicle to step out of the car for his safety, according to... [01:57:28.660 --> 01:57:39.660] He can ask you to step out of the car, but what he cannot do is compel you as a passenger to provide him with any information unless you are the target of his investigation. [01:57:39.660 --> 01:57:47.660] And since this was a traffic stop, as a person in the back seat, that would not be the case. [01:57:47.660 --> 01:57:57.660] There is Supreme Court case law on that that says very clearly they cannot charge a passenger with a crime related to the stop itself. [01:57:57.660 --> 01:58:04.660] They would have had to have had some other probable cause to go after the person in the back seat or the passenger seat. [01:58:04.660 --> 01:58:09.660] Your attorney should know this. If he doesn't, your attorney's an idiot. [01:58:09.660 --> 01:58:19.660] But getting to find the case law on that and provide you with a defense, I hate to say it, man, but that's the best I can give you in the time I got left, all right? Good luck. [01:58:19.660 --> 01:58:22.660] Yes, sir. [01:58:22.660 --> 01:58:31.660] All right, folks, this has been the Monday Night Rule of Law Radio Show. I want to thank all the callers who called in and all the folks that could listen or did listen and were able to listen. [01:58:31.660 --> 01:58:38.660] Thanks again for your support. Please keep us in your finances when and where you can, whenever you can. We desperately need them here. [01:58:38.660 --> 01:58:49.660] Y'all have a great week, good night, and God bless. [01:58:49.660 --> 01:58:57.660] Bibles for America is offering absolutely free a unique study Bible called the New Testament Recovery Version. [01:58:57.660 --> 01:59:07.660] The New Testament Recovery Version has over 9000 footnotes that explain what the Bible says verse by verse, helping you to know God and to know the meaning of life. [01:59:07.660 --> 01:59:19.660] Order your free copy today from Bibles for America. 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