[00:00.000 --> 00:05.500]  The Bill of Rights contains the first ten amendments of our Constitution.
[00:05.500 --> 00:09.500]  They guarantee the specific freedoms Americans should know and protect.
[00:09.500 --> 00:11.000]  Our liberty depends on it.
[00:11.000 --> 00:16.500]  I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way to remember your First Amendment rights.
[00:16.500 --> 00:18.500]  Privacy is under attack.
[00:18.500 --> 00:22.000]  When you give up data about yourself, you'll never get it back again.
[00:22.000 --> 00:26.500]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[00:26.500 --> 00:32.000]  So protect your rights, say no to surveillance, and keep your information to yourself.
[00:32.000 --> 00:34.500]  Privacy, it's worth hanging on to.
[00:34.500 --> 00:38.000]  This public service announcement is brought to you by Startpage.com,
[00:38.000 --> 00:42.000]  the private search engine alternative to Google, Yahoo, and Bing.
[00:42.000 --> 00:45.500]  Start over with Startpage.
[00:45.500 --> 00:47.500]  Spar, it's what fighters do.
[00:47.500 --> 00:51.000]  It's also how I remember the five guarantees of the First Amendment.
[00:51.000 --> 00:54.000]  If you plan to take away my rights, I'm going to spar with you.
[00:54.000 --> 00:56.500]  Spar with an extra P.
[00:56.500 --> 01:03.000]  S for speech, P for press, another P for petition, A for assembly, and R for religion.
[01:03.000 --> 01:08.500]  Most Americans are familiar with the First Amendment guarantees of free speech, press, assembly, and religion.
[01:08.500 --> 01:10.500]  But petition for redress is another matter.
[01:10.500 --> 01:14.500]  We have the right to petition the government for a redress of grievances.
[01:14.500 --> 01:17.500]  It means that if we're unhappy with what's going on in our government,
[01:17.500 --> 01:21.000]  we can spell out the reasons without fear of being thrown into jail.
[01:21.000 --> 01:25.500]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:31.500 --> 01:35.000]  Pressure, we usually associate it with stress and negativity,
[01:35.000 --> 01:37.500]  but sometimes a bit of pressure can be healing.
[01:37.500 --> 01:42.000]  I'm Dr. Catherine Albrecht, and I'll be back to tell you how conditions like nausea can be cured
[01:42.000 --> 01:45.500]  using the traditional Chinese therapy known as acupressure.
[01:45.500 --> 01:48.000]  Privacy is under attack.
[01:48.000 --> 01:51.500]  When you give up data about yourself, you'll never get it back again.
[01:51.500 --> 01:56.500]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:56.500 --> 02:01.500]  So protect your rights, say no to surveillance, and keep your information to yourself.
[02:01.500 --> 02:04.000]  Privacy, it's worth hanging on to.
[02:04.000 --> 02:07.500]  This public service announcement is brought to you by StartPage.com,
[02:07.500 --> 02:11.500]  the private search engine alternative to Google, Yahoo, and Bing.
[02:11.500 --> 02:15.500]  Start over with StartPage.
[02:15.500 --> 02:19.500]  Acupressure is an ancient practice that uses finger or hand pressure
[02:19.500 --> 02:22.000]  to cure everything from headaches to constipation.
[02:22.000 --> 02:24.500]  The pressure is applied to points known as meridians
[02:24.500 --> 02:27.500]  that are believed to control the flow of energy in the human body.
[02:27.500 --> 02:31.000]  Acupressure offers a simple cure for nausea you might try
[02:31.000 --> 02:34.500]  the next time you get a queasy stomach or a case of motion sickness.
[02:34.500 --> 02:38.000]  Simply apply moderate pressure to the point known as P6.
[02:38.000 --> 02:42.500]  You'll find it on the inside of your wrist, about two fingers' width down from your palm.
[02:42.500 --> 02:48.500]  Placing pressure on the P6 point works on the same principle as those pricey anti-nausea wristbands.
[02:48.500 --> 02:51.500]  But this relief is free and always on hand.
[02:51.500 --> 02:56.500]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[03:03.500 --> 03:05.500]  This is what happens when you call the cops.
[03:05.500 --> 03:06.000]  Say what?
[03:06.000 --> 03:08.000]  This is what happens when you call the cops.
[03:08.000 --> 03:08.500]  Come on!
[03:08.500 --> 03:10.500]  This is what happens when you call the cops.
[03:10.500 --> 03:13.500]  You get your rights violated or you all get shot.
[03:13.500 --> 03:16.000]  This is what happens when you call the cops.
[03:16.000 --> 03:18.500]  This is what happens when you call the cops.
[03:18.500 --> 03:19.000]  What?
[03:19.000 --> 03:21.000]  This is what happens when you call the cops.
[03:21.000 --> 03:23.500]  You get your rights violated or you all get shot.
[03:23.500 --> 03:26.000]  I'm thinking of people being victimized by criminal cops.
[03:26.000 --> 03:28.500]  Psychopathic predators terrorize the neighborhood block.
[03:28.500 --> 03:31.000]  Equipped with pepper spray, make-up, tasers and glocks.
[03:31.000 --> 03:33.500]  They're like serial killers acting out subliminal thoughts.
[03:33.500 --> 03:34.500]  Forget what you did.
[03:34.500 --> 03:36.000]  Alright folks, good evening.
[03:36.000 --> 03:39.500]  This is the Monday Night Rule of Law radio show with your host, Eddie Craig.
[03:39.500 --> 03:43.500]  It is July 25th, 2022.
[03:43.500 --> 03:45.000]  I am live tonight.
[03:45.000 --> 03:50.500]  We are not playing an archive and this is not Memorex.
[03:50.500 --> 03:52.500]  I am actually here.
[03:52.500 --> 03:56.000]  I know I have not been here in a while and I do apologize for that.
[03:56.000 --> 04:01.500]  But let me try to at least give a reason for why that is.
[04:01.500 --> 04:07.000]  I have been having all kinds of living quarters issues when I was in Austin.
[04:07.000 --> 04:08.000]  Air conditioner was out.
[04:08.000 --> 04:11.500]  My computers kept overheating and things of that nature.
[04:11.500 --> 04:19.000]  It was just getting impossible to do a show at night because it was just so stifling hot when I did not have working A.C.
[04:19.000 --> 04:27.000]  And my computers couldn't handle it in that enclosed environment and I would have to shut them down because they just wouldn't stay running.
[04:27.000 --> 04:32.000]  And then in April, I had to go home for a couple of weeks.
[04:32.000 --> 04:38.000]  My youngest brother was in the hospital and almost didn't make it out again.
[04:38.000 --> 04:48.000]  And then right after I got back to Austin from that, I had to get packed up and moved from Austin to move to the Dallas-Fort Worth area.
[04:48.000 --> 04:57.000]  And I am now in Plano and I have been trying to set things back up in this new location, get things working several times.
[04:57.000 --> 05:07.000]  The A.C. has gone out here because no one has lived in the house for a while, so they have had issues with the electrical not being used and became dysfunctional.
[05:07.000 --> 05:12.000]  But that seems to have been fixed at least on one side of the house for the time being.
[05:12.000 --> 05:14.000]  So right now, I have got working A.C.
[05:14.000 --> 05:25.000]  My computers are behaving much better even though they are now getting to the point where the wear and tear that they suffered means I am going to have to go through the expense of starting to replace the individual components
[05:25.000 --> 05:28.000]  because I don't know how much longer they are going to last.
[05:28.000 --> 05:36.000]  But needless to say, it has been a trial and tribulation to get to where I am tonight to be able to get back on the air with you guys.
[05:36.000 --> 05:51.000]  However, over this past week and weekend and most of today, I spent trying to set up several things to expand my ability to bring information to folks.
[05:51.000 --> 06:08.000]  I now have a setup and a YouTube channel which I am going to start trying to do, not live stream, but pre-recorded videos that basically take the things I talk about at the beginning of my show when I am talking about a specific statute or situation or something like that,
[06:08.000 --> 06:13.000]  and I am just going to make short teaching videos and upload them to the website.
[06:13.000 --> 06:22.000]  The channel is titled Tau of Law, T-A-O-space-O-S-space-L-A-W, just like the legal blog.
[06:22.000 --> 06:35.000]  And it has got all the links for Tau of Law, the WordPress blog, Rule of Law, and I also set up Patreon for people to make donations through.
[06:35.000 --> 06:42.000]  So that way I can start gathering some financial support from that as well, and I am hoping that it works out.
[06:42.000 --> 06:52.000]  I did not want to have to go through YouTube's monetization process because that takes too long and requires too many things, and they can shut it down any time they want.
[06:52.000 --> 06:56.000]  So I did not go through them to do it.
[06:56.000 --> 06:57.000]  I went through Patreon.
[06:57.000 --> 07:00.000]  Now, how that is going to work out, I don't know.
[07:00.000 --> 07:01.000]  I have never used Patreon.
[07:01.000 --> 07:11.000]  I have never talked to anyone that uses Patreon, though I know many of the live streamers that I view videos of on a regular basis, that is what they use.
[07:11.000 --> 07:12.000]  So I went and looked it up.
[07:12.000 --> 07:18.000]  I figured it out, and that is what I have spent my last week doing was setting up the things necessary to do that.
[07:18.000 --> 07:33.000]  I am now in the process of putting myself through hardcore WordPress programming so that I can actually revamp the entire legal blog and set it back up the way I want it and organize it the way I want it
[07:33.000 --> 07:36.000]  instead of the way it was, which is just a top-down design.
[07:36.000 --> 07:49.000]  I want to be able to partition it so I can have individual menu selections and criteria for what is contained under that menu, et cetera, et cetera, and make it a little more organized and easy to find things.
[07:49.000 --> 07:56.000]  So that said, I just want people that have been expecting me to be back to know that I am back.
[07:56.000 --> 07:59.000]  I appreciate all of you still being out there.
[07:59.000 --> 08:18.000]  If my class members for the online class are listening, I will be sending out an email later this week telling everyone that the classes will be resuming as of August, first class being August 5th, I believe is the date for that first Thursday of August.
[08:18.000 --> 08:22.000]  And we will resume classes at that time.
[08:22.000 --> 08:39.000]  Every one subscription that was still in effect when I had to postpone classes because of the medical emergency with my brother and getting my move done and getting in this new location, et cetera, et cetera, the remainder of your subscription will still be in force and effect.
[08:39.000 --> 08:44.000]  For most of the monthly subscribers, you will have the entire month of August without having to renew.
[08:44.000 --> 08:54.000]  For those that were on the yearly, I think that left you with three months, so you will have August, September, and October before you have to renew.
[08:54.000 --> 09:11.000]  That said, I am hoping that this all works out and I can start getting enough money not only to pay the rent and the bills on this new place, which is a lot more expensive, I am sure, than where I was as far as the costs are going to go.
[09:11.000 --> 09:20.000]  It is an improvement over the space, I will say that, but it is going to be more money and right now I just don't know how I am going to swing it, but I have got to try.
[09:20.000 --> 09:27.000]  So that being said, for those of you that have continued with your financial donations to keep me going, I greatly, greatly appreciate that.
[09:27.000 --> 09:38.000]  I will be trying to work out a way for you all to make that work and come directly to me instead of the way it has been going where it has to go through several steps before it ever gets to me.
[09:38.000 --> 09:41.000]  I am trying to figure out a way to fix that situation.
[09:41.000 --> 09:48.000]  But in any case, I will be here from now on unless my AC goes out again and I can't use my computers because of the heat.
[09:48.000 --> 09:57.000]  I slept in this house for several nights and days with the AC off and it only got up to 102 in here.
[09:57.000 --> 10:07.000]  So, you know, I managed to shed a couple of pounds of water weight for sure, but I couldn't run the computers the whole time and me and my dogs basically just sit outside and let the breeze blow.
[10:07.000 --> 10:14.000]  And just, you know, waited for nighttime to come, left all the windows open as much as possible, and went from there.
[10:14.000 --> 10:16.000]  But all in all, not too bad.
[10:16.000 --> 10:20.000]  So that said, folks, I want you to know that I am back.
[10:20.000 --> 10:32.000]  I am here and I am hoping that the YouTube channel, the revamping of the legal blog, and a few other things I am working on with the online classes, also speaking of the online classes,
[10:32.000 --> 10:39.000]  there will be a completely new video recording format for those, which I shared with the class members at the time.
[10:39.000 --> 10:47.000]  And when you go to the YouTube channel, the video that shows what the classes will look like from now on,
[10:47.000 --> 10:58.000]  unless I make improvements over the OBS Studio templates that I use to do it, as I get more skillful with OBS, some of that may improve and become better.
[10:58.000 --> 11:08.000]  But I set up a brand new layout to make the recordings on that make the screen a lot more effective as a teaching tool.
[11:08.000 --> 11:17.000]  So the training videos that I record for the individual classes, those are not getting posted to the YouTube channel because those are from a subscription-only class.
[11:17.000 --> 11:24.000]  If you want access to the videos from any class, you've got to be on the subscribers list for that.
[11:24.000 --> 11:32.000]  And if you're on the subscribers list, if you want videos from a subscription period, some month that you are not a member,
[11:32.000 --> 11:40.000]  then you've got to subscribe and let me know that you want that month's subscription videos to have in study.
[11:40.000 --> 11:47.000]  And it's the same cost as it would be if you paid for it upfront for the monthly.
[11:47.000 --> 11:57.000]  The previous month's classes can only be by one-month subscriptions. They can't be in bulk like they were for the regular class subscriptions
[11:57.000 --> 12:05.000]  because as time progresses, I won't be able to keep up with which segment you're paying for if you kept them under there.
[12:05.000 --> 12:11.000]  If you paid for 12 months' worth, which 12 months would I have to give you access to, et cetera, et cetera, et cetera?
[12:11.000 --> 12:19.000]  So if you want past monthly subscription videos, you're going to have to pay for that subscription in full as a single month.
[12:19.000 --> 12:25.000]  And then I will send you a link to download all the videos for that class.
[12:25.000 --> 12:31.000]  And that's how we're going to have to do that if you want to go backwards and you were not a subscriber at that time.
[12:31.000 --> 12:37.000]  Now for everybody that has been on a subscription during a period of time, all you've got to do is let me know
[12:37.000 --> 12:44.000]  because of the space that I have to use on Google Drive to share these videos with the class members that paid for them,
[12:44.000 --> 12:47.000]  I can't keep every month's class up there.
[12:47.000 --> 12:58.000]  So at the end of each subscription period, the subscription videos for that month will only be up for one more week after that month ends.
[12:58.000 --> 13:05.000]  And then I will take them down to make room for the next subscription class's full set of videos.
[13:05.000 --> 13:09.000]  And your classes will be, sometimes there will be four videos, sometimes there will be five.
[13:09.000 --> 13:13.000]  It just depends on how many Thursdays there wind up being in that particular month.
[13:13.000 --> 13:17.000]  You don't get charged by the class, you get charged by the month.
[13:17.000 --> 13:27.000]  So there will be months that you actually get a bonus class for free basically because you paid for the full month.
[13:27.000 --> 13:30.000]  And this month there's five of them instead of four of them.
[13:30.000 --> 13:35.000]  So that said, I'm hoping that we will start to get a lot more students in the class.
[13:35.000 --> 13:39.000]  Now the other thing about the class is the class is linear.
[13:39.000 --> 13:42.000]  We start from the first day and we go forward.
[13:42.000 --> 13:43.000]  We build upon it.
[13:43.000 --> 13:55.000]  It will not be like the class at Brave New Books when I had a majority of the class show up that was new compared to the few that were repeat students.
[13:55.000 --> 14:01.000]  I always had to back up and start over for the new members who didn't have a groundwork for what we're doing.
[14:01.000 --> 14:05.000]  So the class does not do that anymore.
[14:05.000 --> 14:10.000]  The class will move forward from its last point each and every session.
[14:10.000 --> 14:17.000]  So if you want access to the groundwork classes that came before it, you've got to get those via subscription.
[14:17.000 --> 14:26.000]  So all that said, I hope that everything works out great in that and that I get people wanting to participate in the class
[14:26.000 --> 14:35.000]  and paying attention to the class to learn all of the stuff that you need to learn to deal with the things that's going on in our world right now.
[14:35.000 --> 14:43.000]  I did have lunch with Scott Richardson, one of the students that used to come down to Brave New Books all the time.
[14:43.000 --> 14:51.000]  I had lunch with him this past week and did an interview with him on his show on YouTube, snafuradio.com.
[14:51.000 --> 14:55.000]  And so you can go there and look at the interview that I did with him.
[14:55.000 --> 15:03.000]  I put a bug in his ear about a way to improve the quality of his audio in doing that show.
[15:03.000 --> 15:14.000]  So hopefully from now on, he will have a much better sounding recording that he puts up for folks because of the way I helped him understand how to do it.
[15:14.000 --> 15:20.000]  But all in all, it's been a very busy time for me, and I apologize for my absence. I really, really do.
[15:20.000 --> 15:25.000]  I have missed doing the show. I've missed talking to callers. I've missed all you guys.
[15:25.000 --> 15:30.000]  And for those of you that have never given up hope that I would come back, I appreciate that.
[15:30.000 --> 15:40.000]  But unless something goes horribly wrong with the hardware or the temperatures in the house again, I will be here on Mondays just like I was when I first started.
[15:40.000 --> 15:44.000]  Okay. That said, I want everybody to know that the telephones are now on.
[15:44.000 --> 15:55.000]  The call-in number is 512-646-1984. If you want to call in and talk, I've got just about a minute before I go to break.
[15:55.000 --> 16:05.000]  So Edward, I see you on the caller board, but I will pick you up after the break so we've got time to actually get into what you want to ask.
[16:05.000 --> 16:08.000]  I would have to cut you off in 20 seconds to go to the break anyway.
[16:08.000 --> 16:14.000]  So hang on to that. Don't get off the caller board, and I will pick you up as soon as we're back from our break.
[16:14.000 --> 16:18.000]  So folks, I would like to hear from you tonight.
[16:18.000 --> 16:23.000]  I didn't have anything prepared because, like I say, I've worked on trying to get all this other stuff ready for the past week
[16:23.000 --> 16:28.000]  and all of the weekend and today, plus taking care of my dogs.
[16:28.000 --> 16:32.000]  I've got a brand new female puppy, which I don't know if I've had a chance to tell anybody.
[16:32.000 --> 16:39.000]  She's just a little over nine months now. It's Law Dog's future mate for making puppies.
[16:39.000 --> 16:49.000]  So we've been working with her and trying to acclimate him to having a roommate now that he's been with me for so long by himself.
[16:49.000 --> 16:55.000]  He's almost nine years old, and she's a little over nine months old.
[16:55.000 --> 16:59.000]  So as you can see, he's been without for a very long time.
[16:59.000 --> 17:06.000]  Are you looking to have a closer relationship with God and a better understanding of His Word?
[17:06.000 --> 17:12.000]  Then tune in to LogosRadioNetwork.com on Wednesdays from 8 to 10 p.m. Central Time for Scripture Talk,
[17:12.000 --> 17:17.000]  where Nana and her guests discuss the Scriptures in accord with 2 Timothy 2.15.
[17:17.000 --> 17:24.000]  Study to show thyself approved unto God, a workman that needeth not to be ashamed, rightly dividing the word of truth.
[17:24.000 --> 17:28.000]  Starting in January, our first hour studies are in the Book of Mark,
[17:28.000 --> 17:32.000]  where we'll go verse by verse and discuss the true Gospel message.
[17:32.000 --> 17:39.000]  Our second hour topical studies will vary each week with discussions on sound doctrine and Christian character development.
[17:39.000 --> 17:43.000]  We wish to reflect God's light and be a blessing to all those with a hearing ear.
[17:43.000 --> 17:50.000]  Our goal is to strengthen our faith and to transform ourselves more into the likeness of our Lord and Savior Jesus.
[17:50.000 --> 17:56.000]  So tune in to Scripture Talk live on LogosRadioNetwork.com Wednesdays from 8 to 10 p.m.
[17:56.000 --> 18:00.000]  to inspire and motivate your studies of the Scriptures.
[18:00.000 --> 18:05.000]  Are you being harassed by debt collectors with phone calls, letters, or even losses?
[18:05.000 --> 18:09.000]  Stop debt collectors now with the Michael Mears proven method.
[18:09.000 --> 18:15.000]  Michael Mears has won six cases in federal court against debt collectors and now you can win two.
[18:15.000 --> 18:21.000]  You'll get step-by-step instructions in plain English on how to win in court using federal civil rights statutes,
[18:21.000 --> 18:27.000]  what to do when contacted by phone, mail, or court summons, how to answer letters and phone calls,
[18:27.000 --> 18:34.000]  how to get debt collectors out of your credit report, how to turn the financial tables on them and make them pay you to go away.
[18:34.000 --> 18:39.000]  The Michael Mears proven method is the solution for how to stop debt collectors.
[18:39.000 --> 18:41.000]  Personal consultation is available as well.
[18:41.000 --> 18:50.000]  For more information, please visit RuleOfLawRadio.com and click on the blue Michael Mears banner or email MichaelMears at yahoo.com.
[18:50.000 --> 19:01.000]  That's RuleOfLawRadio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com to learn how to stop debt collectors now.
[19:01.000 --> 19:09.000]  You are listening to the Logos Radio Network, LogosRadioNetwork.com.
[19:09.000 --> 19:11.000]  Here we go.
[19:11.000 --> 19:39.000]  Music.
[19:39.000 --> 19:41.000]  All right, folks, we are back.
[19:41.000 --> 19:48.000]  This is Rule of Law Radio, the call in number 512-646-1984.
[19:48.000 --> 19:49.000]  All right.
[19:49.000 --> 19:53.000]  That said, we have Edward Rosa on the line.
[19:53.000 --> 19:56.000]  Edward, what can we do for you?
[19:56.000 --> 19:57.000]  Hey, Eddie.
[19:57.000 --> 19:59.000]  It's so nice to hear you're back.
[19:59.000 --> 20:00.000]  Well, thank you.
[20:00.000 --> 20:02.000]  Glad to be back.
[20:02.000 --> 20:04.000]  Yeah, that's great.
[20:04.000 --> 20:16.000]  So I talked to you a few years ago regarding a problem that my wife had with an accident and, you know, got the court all prepared, all set up.
[20:16.000 --> 20:30.000]  And, you know, first thing the referee did was, oh, he didn't say standing, but basically he told me I need to shut up and have my wife do the talk.
[20:30.000 --> 20:36.000]  And my wife from the beginning was, you know, totally against, you know, fighting this.
[20:36.000 --> 20:38.000]  And so she wasn't a whole lot of help.
[20:38.000 --> 20:40.000]  So we lost that one.
[20:40.000 --> 20:43.000]  In fact, my daughter was there as a witness.
[20:43.000 --> 20:46.000]  She was, I think, 16 at the time.
[20:46.000 --> 20:48.000]  And, you know, it was so rude to her.
[20:48.000 --> 20:50.000]  It actually made her cry.
[20:50.000 --> 20:59.000]  So, you know, these guys, you've always said, you know, this is a shakedown operation, and these guys are pretty low.
[20:59.000 --> 21:09.000]  Well, you do know that when the judge himself or herself acts rudely toward a defendant, that you have every right to file a complaint against that judge.
[21:09.000 --> 21:12.000]  That's a violation of the judicial canons and ethics.
[21:12.000 --> 21:29.000]  Yeah, this was a referee, which to this day I still don't know what their, you know, basically what their responsibilities are, if this is just a clerk that puts on the robes or what.
[21:29.000 --> 21:33.000]  You know, it's funny because I should go back and take a look.
[21:33.000 --> 21:37.000]  But yeah, that's done and done and over with it.
[21:37.000 --> 21:44.000]  And I even told my wife, you know, this is going to cost us tens of thousands of dollars just in increased insurance costs.
[21:44.000 --> 21:51.000]  You know, because over the years, you know, that 50 bucks, 100 bucks every six months is going to add up, add up, add up.
[21:51.000 --> 22:04.000]  You know, these guys, they, you know, they can eat away, you know, 10 years down the road after the fact, you know, at your finances, you know, just through that.
[22:04.000 --> 22:09.000]  But that's a good point. This was, man, I think it was about eight years ago.
[22:09.000 --> 22:14.000]  So, you know, that's water under the bridge, basically.
[22:14.000 --> 22:22.000]  But that being said, my daughter, who is 18, she's in college.
[22:22.000 --> 22:34.000]  She was driving my son to high school and she got pulled over very close to the house, two miles south of us, in a school zone.
[22:34.000 --> 22:39.000]  Now, my son is 15. He's actually taking driver's ed.
[22:39.000 --> 22:44.000]  And, you know, they, my daughter is very conscientious.
[22:44.000 --> 22:50.000]  You know, as she's driving, she's talking to them about what they're doing, tips, where she's looking.
[22:50.000 --> 22:57.000]  She's really, you know, I mean, I've been doing the bulk of, you know, he does go to class and, you know, and take the driver's ed.
[22:57.000 --> 23:03.000]  But, you know, every chance we get when we're driving with him, now, he can't drive with her because he's not 21 yet.
[23:03.000 --> 23:09.000]  But, you know, every opportunity, even if we're, I mean, last week we were late for something.
[23:09.000 --> 23:13.000]  It's like, no, we're late. You're driving because that means, you know, you're going to be driving when you're late.
[23:13.000 --> 23:18.000]  I'm not going to be there. I'm going off a tangent. I'm sorry.
[23:18.000 --> 23:25.000]  But anyway, so there was a, there's a school zone just south of our home.
[23:25.000 --> 23:30.000]  It's funny because it goes from 50 on non-school days down to 30.
[23:30.000 --> 23:34.000]  And there's two schools about a half mile apart, quarter mile apart.
[23:34.000 --> 23:42.000]  The speed limit goes back up to 50 and within maybe 200 feet goes back to a school zone.
[23:42.000 --> 23:50.000]  And I have a feeling that maybe they sit there thinking, okay, these cars are going to speed up and then we're going to trap them at the second school zone.
[23:50.000 --> 24:01.000]  At the very, at the start of, you know, going north and south, they have this speed readout on the road where it tells you what your speed is.
[24:01.000 --> 24:04.000]  So here, you know, they can't use this excuse, oh, you didn't know, right?
[24:04.000 --> 24:07.000]  But it is before you actually get into the school zone.
[24:07.000 --> 24:16.000]  The funny thing is there was a, there was a cop driving behind my son and daughter and they both noticed it.
[24:16.000 --> 24:21.000]  You know, my daughter in the rear view mirror, you know, she pointed out my brother and my brother.
[24:21.000 --> 24:26.000]  If my son looks back, we're like brothers. My son looks back and he sees me, right?
[24:26.000 --> 24:30.000]  So they're aware of this officer. So they're going the speed limit.
[24:30.000 --> 24:40.000]  And my daughter, again, she's conscientious. She builds in school, she's in a club that she builds robotic hands for kids that outgrow their robotic arms, right?
[24:40.000 --> 24:45.000]  Their artificial limbs. She's into, she's taking engineering classes.
[24:45.000 --> 24:53.000]  So, I mean, this kid is, you know, I'm going to put a petition in for statehood when I get off this phone.
[24:53.000 --> 24:57.000]  Anyway, so they know the cops behind them.
[24:57.000 --> 25:03.000]  They drive through this area every, you know, five days a week, you know, for Lord knows how long.
[25:03.000 --> 25:06.000]  The kids all go to the same school.
[25:06.000 --> 25:12.000]  They even pointed out, look at these cars ahead of us. They're just flying through here.
[25:12.000 --> 25:22.000]  So they get pulled over. Officers said that she was going 50 in a 30.
[25:22.000 --> 25:27.000]  I'm sorry, she was paced. The ticket says paced, 40 in a school zone.
[25:27.000 --> 25:35.000]  And again, it's a 30 mile an hour limit on school days, 50 on non-school days.
[25:35.000 --> 25:44.000]  So my first thought was, you know, he had a radar gun and he overshot her and he basically picked up these cars that were just flying ahead of her.
[25:44.000 --> 25:52.000]  But I went to try to get some backup paperwork at the police station.
[25:52.000 --> 25:57.000]  They go, oh, we don't have any paperwork, any notes, anything like that.
[25:57.000 --> 26:02.000]  And then I know they're not going to volunteer anything.
[26:02.000 --> 26:06.000]  How about last-cam video?
[26:06.000 --> 26:09.000]  Oh, that's a good point.
[26:09.000 --> 26:15.000]  In this particular case, it wouldn't matter whether the cop had the audio turned on or not.
[26:15.000 --> 26:25.000]  The video would still show the lines on the road, and you can use that video to calculate the distance and time it takes to hit each line.
[26:25.000 --> 26:30.000]  Thus, you can calculate after you know the measurements that are equal to that.
[26:30.000 --> 26:37.000]  You can make the calculation and see exactly how fast somebody was going based upon what the video shows.
[26:37.000 --> 26:39.000]  Yeah, and Kate can do this in her sleep.
[26:39.000 --> 26:41.000]  She's going to be an engineer.
[26:41.000 --> 26:47.000]  Yeah, all she's got to know is the distance between each line and the length of each line.
[26:47.000 --> 26:51.000]  Uh-huh, and then you just time the video.
[26:51.000 --> 26:53.000]  Yeah, absolutely, absolutely.
[26:53.000 --> 26:56.000]  But there's a kicker to this.
[26:56.000 --> 27:07.000]  So anyway, so that's a good point, and the point I was going to make doesn't matter because that's an extra point.
[27:07.000 --> 27:14.000]  The officer at the station said she wasn't caught, she was paced, so that he was driving behind her.
[27:14.000 --> 27:19.000]  So my theory now is, you know, he sees two kids, young kids.
[27:19.000 --> 27:33.000]  We're in a nice suburb, and he's thinking, oh, this is going to be an easy ticket, you know, another notch in my monthly quota, you know, and the parents can afford it, right?
[27:33.000 --> 27:34.000]  He used it.
[27:34.000 --> 27:36.000]  He made a pretext stop.
[27:36.000 --> 27:40.000]  She already knew he was there and was already being very careful not to go over the speed limit.
[27:40.000 --> 27:42.000]  Everything he did was pretextable.
[27:42.000 --> 27:44.000]  I'll give you that up front.
[27:44.000 --> 27:45.000]  Yeah, yeah.
[27:45.000 --> 27:49.000]  He made it up so he could stop him.
[27:49.000 --> 27:50.000]  So this is the funny thing.
[27:50.000 --> 27:55.000]  On the ticket, it's a uniformed law citation, state of Michigan uniformed law citation.
[27:55.000 --> 27:58.000]  He was being nice to her.
[27:58.000 --> 28:01.000]  He did not get her for speeding.
[28:01.000 --> 28:08.000]  He got her for impeding, impeded traffic, $155.
[28:08.000 --> 28:13.000]  Well, how can she impede traffic if she's speeding?
[28:13.000 --> 28:17.000]  What is the actual criteria for impeding traffic?
[28:17.000 --> 28:19.000]  Have you read the statute?
[28:19.000 --> 28:20.000]  Yeah.
[28:20.000 --> 28:25.000]  It's people blocking the road, people protesting without a permit.
[28:25.000 --> 28:29.000]  It actually had something about panhandling, you know.
[28:29.000 --> 28:36.000]  There's nothing in there about, you know, something, okay, is he going to say, well, I pulled you over?
[28:36.000 --> 28:48.000]  Well, regardless of what they put on the citation, unless the citation is what they actually use as the complaint in Michigan, you need to make darn sure to compare that to whatever complaint is filed.
[28:48.000 --> 28:50.000]  Now, here's the other thing.
[28:50.000 --> 28:54.000]  Traffic tickets in Michigan are civil, correct?
[28:54.000 --> 28:55.000]  Yes.
[28:55.000 --> 29:07.000]  Okay, did you find the statute in Michigan that says no civil action may start with an arrest?
[29:07.000 --> 29:11.000]  Okay, so being pulled over would be a type of an arrest?
[29:11.000 --> 29:12.000]  Absolutely.
[29:12.000 --> 29:16.000]  It's a seizure of a person and their property at their liberty without a warrant.
[29:16.000 --> 29:18.000]  It's a freaking arrest.
[29:18.000 --> 29:23.000]  Seizure of a person, yeah, that does, okay, I've heard you say that before.
[29:23.000 --> 29:28.000]  Okay, okay, so I need to pull that statute up, that's cool.
[29:28.000 --> 29:33.000]  You know, it's so funny because last time I talked to you, none of this was online.
[29:33.000 --> 29:38.000]  You know, it was all, you know, going to the wall library or whatever.
[29:38.000 --> 29:43.000]  Hang on just a second, Edward, I've got to take a break here, but I'll get you on the other side, okay?
[29:43.000 --> 29:44.000]  Okay.
[29:44.000 --> 29:45.000]  All right, so hang on.
[29:45.000 --> 29:50.000]  All right, folks, this is Rule of Law Radio, the call at number 512-646-1984.
[29:50.000 --> 29:52.000]  Give us a call, get in line, let's talk.
[29:52.000 --> 29:54.000]  If I see you on the board, do not disappear.
[29:54.000 --> 29:57.000]  I will get you next after I'm done with Edward after this break.
[29:57.000 --> 30:02.000]  So y'all hang on, folks.
[30:02.000 --> 30:09.000]  Thousands of Florida motorists convicted of DUI may very well have been driving under the blood alcohol limit.
[30:09.000 --> 30:15.000]  I'm Dr. Catherine Albrecht, and I'll be back with a tale of bad breathalyzers and a government cover-up in a moment.
[30:15.000 --> 30:17.000]  Privacy is under attack.
[30:17.000 --> 30:21.000]  When you give up data about yourself, you'll never get it back again.
[30:21.000 --> 30:26.000]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[30:26.000 --> 30:31.000]  So protect your rights, say no to surveillance, and keep your information to yourself.
[30:31.000 --> 30:34.000]  Privacy, it's worth hanging on to.
[30:34.000 --> 30:41.000]  This public service announcement is brought to you by Startpage.com, the private search engine alternative to Google, Yahoo, and Bing.
[30:41.000 --> 30:45.000]  Start over with Startpage.
[30:45.000 --> 30:47.000]  Ever hear the term fine farming?
[30:47.000 --> 30:54.000]  It's when cops fine innocent people to bring in revenue, and it's apparently big business in the Sunshine State of Florida.
[30:54.000 --> 31:00.000]  This case involves breathalyzers used to convict thousands of Florida motorists for DUI violations.
[31:00.000 --> 31:04.000]  Recently, reporters discovered that the devices were improperly calibrated.
[31:04.000 --> 31:08.000]  State officials knew about it for two and a half years, but did nothing.
[31:08.000 --> 31:14.000]  In fact, the head of Florida's breath testing program ordered inspectors not to document the problem.
[31:14.000 --> 31:22.000]  A DUI conviction can ruin somebody's life, but now that the cover-up has been exposed, perhaps Florida drivers can breathe a bit easier.
[31:22.000 --> 31:30.000]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[31:30.000 --> 31:36.000]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[31:36.000 --> 31:38.000]  The government says that fire brought it down.
[31:38.000 --> 31:43.000]  However, 1,500 architects and engineers concluded it was a controlled demolition.
[31:43.000 --> 31:46.000]  Over 6,000 of my fellow service members have given their lives.
[31:46.000 --> 31:49.000]  Thousands of my fellow first responders are dying.
[31:49.000 --> 31:50.000]  I'm not a conspiracy theorist.
[31:50.000 --> 31:51.000]  I'm a structural engineer.
[31:51.000 --> 31:52.000]  I'm a New York City correction officer.
[31:52.000 --> 31:53.000]  I'm an Air Force pilot.
[31:53.000 --> 31:55.000]  I'm a father who lost his son.
[31:55.000 --> 31:58.000]  We're Americans, and we deserve the truth.
[31:58.000 --> 32:02.000]  Go to RememberBuilding7.org today.
[32:02.000 --> 32:05.000]  Rule of Law Radio is proud to offer the rule of law traffic similar.
[32:05.000 --> 32:10.000]  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,
[32:10.000 --> 32:13.000]  then we're going to have to stand and defend our own rights.
[32:13.000 --> 32:17.000]  Among those rights are the right to travel freely from place to place, the right to act in our own private capacity,
[32:17.000 --> 32:20.000]  and most importantly, the right to due process of law.
[32:20.000 --> 32:26.000]  Traffic courts afford us the least expensive opportunity to learn how to enforce and preserve our rights through due process.
[32:26.000 --> 32:29.000]  Former Sheriff's Deputy A. Craig, in conjunction with Rule of Law Radio,
[32:29.000 --> 32:33.000]  has put together the most comprehensive teaching tool available that will help you understand what due process is
[32:33.000 --> 32:35.000]  and how to hold courts to the rule of law.
[32:35.000 --> 32:40.000]  You can get your own copy of this invaluable material by going to ruleoflawradio.com and ordering your copy today.
[32:40.000 --> 32:45.000]  By ordering now, you'll receive a copy of Eddie's book, The Texas Transportation Code, The Law Versus the Line,
[32:45.000 --> 32:50.000]  video and audio of the original 2009 seminar, hundreds of research documents, and other useful resource material.
[32:50.000 --> 32:54.000]  Learn how to fight for your rights with the help of this material from ruleoflawradio.com.
[32:54.000 --> 33:06.000]  Order your copy today and together we can have the free society we all want and deserve.
[33:24.000 --> 33:29.000]  All right, folks, we are back.
[33:29.000 --> 33:37.000]  This is Rule of Law Radio with your host, Eddie Craig, calling number 512-646-1984.
[33:37.000 --> 33:44.000]  Also, just so everyone knows, I am no longer on Facebook when they started that 2A authentication
[33:44.000 --> 33:48.000]  and required me to put their app on my phone to do it.
[33:48.000 --> 33:51.000]  I said that was not going to happen, so I didn't.
[33:51.000 --> 34:04.000]  So now, other than Gab and Miwi, I am also on Twitter, though I very, very, very, very rarely ever use or do anything with Twitter.
[34:04.000 --> 34:09.000]  I don't monitor it, I don't check it, I don't care, but I'm there, okay?
[34:09.000 --> 34:11.000]  And it's a tie of law on all of them.
[34:11.000 --> 34:19.000]  The difference is that on all of them, it's L-A-W instead of L-A-U-W like Facebook forced me to use.
[34:19.000 --> 34:22.000]  That said, let's get back to our callers.
[34:22.000 --> 34:25.000]  All right, Edward, please continue.
[34:25.000 --> 34:33.000]  Okay, so I learned a lesson last time where here I'm the one that's doing all the research
[34:33.000 --> 34:39.000]  and hopefully have all the answers and they're going to say, okay, I can't speak for her.
[34:39.000 --> 34:43.000]  So that's one problem.
[34:43.000 --> 34:47.000]  Number two is, okay, so he's got her for impeding traffic.
[34:47.000 --> 34:57.000]  I'm hoping that maybe there's a way of just avoiding an appearance altogether by making some motions, a pretrial motion for dismissal.
[34:57.000 --> 35:02.000]  Well, a motion for dismissal will be based upon that statute I told you.
[35:02.000 --> 35:10.000]  They cannot prosecute a case in the state of Michigan if it's civil and the entire process began with an arrest.
[35:10.000 --> 35:13.000]  That's exactly what that statute says.
[35:13.000 --> 35:19.000]  So you file a motion to dismiss for lack of jurisdiction based upon a violation of state law.
[35:19.000 --> 35:27.000]  The officer arrested your daughter without probable cause to pursue a civil action, which is the traffic offense.
[35:27.000 --> 35:28.000]  Okay.
[35:28.000 --> 35:32.000]  Or in your case, traffic infraction since it's civil.
[35:32.000 --> 35:34.000]  Okay.
[35:34.000 --> 35:37.000]  Okay, we're definitely going to approach that.
[35:37.000 --> 35:44.000]  Another thing I learned in the hard way is putting all my eggs in one basket, right?
[35:44.000 --> 35:50.000]  So here I have all this planned out and it's going to be great and we're going to make this guy cry, right?
[35:50.000 --> 35:53.000]  Well, that didn't happen and made my daughter cry.
[35:53.000 --> 35:54.000]  That's bugger.
[35:54.000 --> 35:57.000]  Anyway, sorry.
[35:57.000 --> 36:03.000]  So should I pursue maybe multiple?
[36:03.000 --> 36:08.000]  So the thing that I was looking at is, okay, so he started impeding traffic in the notes.
[36:08.000 --> 36:12.000]  It's strictly in the notes.
[36:12.000 --> 36:15.000]  Paste at 40 in the school zone.
[36:15.000 --> 36:16.000]  That's not what the ticket's for.
[36:16.000 --> 36:21.000]  There's no infraction number or...
[36:21.000 --> 36:28.000]  Well, they can't prove the elements of impeding if you read the statute correctly based upon what you told me.
[36:28.000 --> 36:32.000]  So they can't prove any of the elements of impeding.
[36:32.000 --> 36:42.000]  And the thing is is they have to prove all of the elements of impeding depending upon which method of impeding they're attempting to claim she was guilty of.
[36:42.000 --> 36:55.000]  Okay, so would it make sense to make two motions, one for as far as having to prove these elements based just on the ticket
[36:55.000 --> 37:05.000]  and the motion for lack of jurisdiction based on without probable cause or arrest without probable cause?
[37:05.000 --> 37:07.000]  So a two pronged...
[37:07.000 --> 37:17.000]  Well, the arrest is based upon the statute that specifically states that a civil case cannot begin based upon an arrest.
[37:17.000 --> 37:20.000]  Okay, so I have to look up that specific...
[37:20.000 --> 37:30.000]  Yes, you've got to look up that specific statute and say this case should be dismissed pursuant state statute, blah, blah, blah, whatever it is,
[37:30.000 --> 37:44.000]  due to the fact that the officer arrested the defendant on this date at this time by initiating a warrantless traffic stop and seizure of her person and property
[37:44.000 --> 37:49.000]  in order to issue a citation for a non-existent offense.
[37:49.000 --> 37:51.000]  Okay, that's freaking beautiful.
[37:51.000 --> 37:54.000]  Okay, okay.
[37:54.000 --> 37:57.000]  If that gets denied...
[37:57.000 --> 38:03.000]  If it gets denied, then the judge is in deep trouble because he is not applying the law to the facts.
[38:03.000 --> 38:08.000]  And the first thing you should do is file a grievance against the judge.
[38:08.000 --> 38:20.000]  So this is... I'm trying to play devil's advocate in my head.
[38:20.000 --> 38:25.000]  Okay, so they're going to say, well, you've got to prove it, so we're going to hold trial and you have to prove those.
[38:25.000 --> 38:26.000]  No, you don't have to prove it.
[38:26.000 --> 38:28.000]  You've got the citation right there.
[38:28.000 --> 38:30.000]  Here's your evidence, judge.
[38:30.000 --> 38:31.000]  There's the officer's name.
[38:31.000 --> 38:38.000]  This is a uniform citation issued by such-and-such police department on this date and this time for this alleged offense.
[38:38.000 --> 38:41.000]  Okay, okay.
[38:41.000 --> 38:52.000]  So last point, this ticket is signed electronically and I looked up Black's Law and everybody...
[38:52.000 --> 38:56.000]  No, Black's Law has nothing to do with the electronic signing of a ticket.
[38:56.000 --> 39:02.000]  The only thing that matters is whether or not your state statutes authorize a ticket to be signed electronically.
[39:02.000 --> 39:03.000]  Okay.
[39:03.000 --> 39:11.000]  It doesn't matter what definitions are in the Black's Law dictionary if there's a state statute that says they can do it.
[39:11.000 --> 39:12.000]  Okay, okay.
[39:12.000 --> 39:21.000]  Yeah, I looked it up and that used Black's Law as an example, but then I went to the...
[39:21.000 --> 39:28.000]  It wasn't the Constitution, it was just the compiled laws and they did specifically address that.
[39:28.000 --> 39:35.000]  But the point I was going to make is under penalty of perjury, this officer signed this ticket.
[39:35.000 --> 39:43.000]  Do I bring that up anywhere in any of these motions just to basically add icing to the cake saying...
[39:43.000 --> 39:50.000]  Well, if you get his dashcam video and prove that he was lying about the reason for the initial stop
[39:50.000 --> 39:57.000]  and then he's lying about the charge on the citation or the complaint, whichever one they actually take you to court on,
[39:57.000 --> 40:08.000]  then you can trap him and possibly you can make the allegation that he's a liar and is committing aggravated perjury.
[40:08.000 --> 40:12.000]  But the question is whether or not the court will recognize it as that.
[40:12.000 --> 40:13.000]  Yeah.
[40:13.000 --> 40:23.000]  Your goal here is to get this case dismissed in your daughter's favor so that you can sue the cop for malicious prosecution.
[40:23.000 --> 40:25.000]  Okay, excellent.
[40:25.000 --> 40:28.000]  Malicious prosecution.
[40:28.000 --> 40:29.000]  All right.
[40:29.000 --> 40:30.000]  All right.
[40:30.000 --> 40:33.000]  So we have a hearing before a judge.
[40:33.000 --> 40:38.000]  They tried to push magistrate and referee and everybody else.
[40:38.000 --> 40:45.000]  You know, basically the girl that's at the front window taking the money, I think, was going to hear the case originally.
[40:45.000 --> 40:46.000]  Probably not.
[40:46.000 --> 40:54.000]  But anyway, so we did push for a formal hearing this way, you know, all our rights are preserved, you know.
[40:54.000 --> 40:57.000]  Whatever you file, you file in writing.
[40:57.000 --> 41:00.000]  Don't go in there empty-handed and just try to say it.
[41:00.000 --> 41:04.000]  Make sure you file everything you do in writing.
[41:04.000 --> 41:05.000]  Yeah.
[41:05.000 --> 41:09.000]  I've listened to you long enough to know that, so yeah, no, definitely, definitely, definitely.
[41:09.000 --> 41:10.000]  Okay.
[41:10.000 --> 41:11.000]  All right.
[41:11.000 --> 41:14.000]  I think I've got a better tact than what I was looking for.
[41:14.000 --> 41:17.000]  So, no, man, I really appreciate it.
[41:17.000 --> 41:20.000]  You know your stuff and I am so, again, so happy to hear you're back.
[41:20.000 --> 41:21.000]  Good luck, man.
[41:21.000 --> 41:22.000]  Well, thanks.
[41:22.000 --> 41:23.000]  Good to be back.
[41:23.000 --> 41:25.000]  You have a great night and thanks for calling.
[41:25.000 --> 41:26.000]  Yeah, thanks.
[41:26.000 --> 41:27.000]  All right.
[41:27.000 --> 41:28.000]  Okay.
[41:28.000 --> 41:29.000]  And good luck.
[41:29.000 --> 41:30.000]  Thanks.
[41:30.000 --> 41:31.000]  Bye.
[41:31.000 --> 41:32.000]  Bye-bye.
[41:32.000 --> 41:35.000]  All right, now we have Max in Texas.
[41:35.000 --> 41:38.000]  What's up, Max?
[41:38.000 --> 41:42.000]  Eddie, good to hear your voice again and live anyway.
[41:42.000 --> 41:43.000]  Well, thanks.
[41:43.000 --> 41:48.000]  I was, I think, I started to think they were going to cancel you off of Logos.
[41:48.000 --> 41:50.000]  Well, that'd be kind of hard to do.
[41:50.000 --> 41:52.000]  I'm still their biggest money raiser.
[41:52.000 --> 41:54.000]  Oh, that's a good thing.
[41:54.000 --> 41:55.000]  Yeah.
[41:55.000 --> 41:56.000]  Okay, so.
[41:56.000 --> 42:01.000]  But, no, it's just with all the other stuff going on with me, I, I, there was no way I could do the show
[42:01.000 --> 42:04.000]  without all the things I got going on up until now.
[42:04.000 --> 42:10.000]  And if I don't get some of this computer equipment replaced real soon, I may not be able to do the show again.
[42:10.000 --> 42:15.000]  So I'm trying to work on that as I go.
[42:15.000 --> 42:22.000]  Well, maybe if I have some computer bones over here, I can let you borrow some hardware or give it to you.
[42:22.000 --> 42:31.000]  Right now, my biggest issue is my expensive video cards have now aged to the point where even though I've taken the
[42:31.000 --> 42:38.000]  thermal pads off and replaced them and done all that, they've been heat stressed so much in the other apartment
[42:38.000 --> 42:44.000]  that now they're running hot all the time, even in the air conditioning that I'm in right now.
[42:44.000 --> 42:46.000]  They're running hot all the time.
[42:46.000 --> 42:50.000]  And every now and then my screen will fritz out for no good reason.
[42:50.000 --> 42:52.000]  So they're on their last legs.
[42:52.000 --> 42:56.000]  And that's the problem is my 1080s are about to die.
[42:56.000 --> 42:58.000]  It's my biggest problem anyway.
[42:58.000 --> 43:00.000]  Let me put it that way.
[43:00.000 --> 43:02.000]  1080s, yeah, that's an old card, man.
[43:02.000 --> 43:03.000]  Yeah.
[43:03.000 --> 43:05.000]  Well, I mean, they did everything I need them to do.
[43:05.000 --> 43:06.000]  I've got two of them.
[43:06.000 --> 43:12.000]  I've got them SLI'd so I'd have one to do the pushing while the other one was doing the rendering.
[43:12.000 --> 43:15.000]  So at least I had that going.
[43:15.000 --> 43:18.000]  And they still will do everything I want for everything I need,
[43:18.000 --> 43:20.000]  at least up until I started using OBS.
[43:20.000 --> 43:28.000]  There's some features of OBS that you cannot enable unless you're running a 20 or 30 series card now.
[43:28.000 --> 43:33.000]  But as far as everything else I've been using it for, they've always worked great.
[43:33.000 --> 43:40.000]  But now they're at the point where thermally speaking, they're no longer in their best condition.
[43:40.000 --> 43:44.000]  They're starting to run like they're mining cards.
[43:44.000 --> 43:48.000]  It sounds like we're running up on a break here.
[43:48.000 --> 43:49.000]  Yes, sir.
[43:49.000 --> 43:52.000]  Hang on just a second and I will be back with you as soon as we get back.
[43:52.000 --> 43:55.000]  All right, folks, 512-646-1984.
[43:55.000 --> 43:56.000]  Give us a call.
[43:56.000 --> 43:57.000]  Let's talk.
[43:57.000 --> 44:01.000]  We'll be right back.
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[46:16.000 --> 46:18.000]  All right, folks, we are back.
[46:18.000 --> 46:24.000]  This is Rule of Law Radio calling number 512-646-1984.
[46:24.000 --> 46:26.000]  I am currently on the line with Max.
[46:26.000 --> 46:28.000]  All right, Max, let's continue.
[46:28.000 --> 46:30.000]  What did you want to call in about?
[46:30.000 --> 46:44.000]  So back in 2019, rewind for a while, and we had all, I think, on the show discussed how 543.001 talks about, you know,
[46:44.000 --> 46:54.000]  the warrantless arrest and an officer may make a warrantless arrest for violations of Subtitle C of the transportation code,
[46:54.000 --> 46:57.000]  so of Title VII of the transportation code.
[46:57.000 --> 47:06.000]  And so I have been waiting for, I guess, almost three years now for someone to stick in that file.
[47:06.000 --> 47:16.000]  And I finally, yesterday in fact, had the pleasure of someone pulling me over while I was on the way to a search function.
[47:16.000 --> 47:24.000]  And the only reason they stated for the stop was expired registration,
[47:24.000 --> 47:32.000]  which she stated that she discovered by running my license plate, so no other probable cause at all,
[47:32.000 --> 47:39.000]  phishing, and decided to run my plate, discovered that the sticker was expired, and lo and behold,
[47:39.000 --> 47:47.000]  she wrote me a ticket for simply that only and stated that that was the only reason that she pulled me over in the first place.
[47:47.000 --> 47:52.000]  So I think I have someone who squarely stepped in this file.
[47:52.000 --> 47:55.000]  And what agency was she with?
[47:55.000 --> 47:59.000]  Conroe Municipal Police Department.
[47:59.000 --> 48:00.000]  Okay.
[48:00.000 --> 48:06.000]  City of Conroe on the DPS's list of authorized officers to enforce the transportation code?
[48:06.000 --> 48:08.000]  I seriously doubt it.
[48:08.000 --> 48:14.000]  It just happened yesterday, and I'll certainly write a PIR and ask for all that, although they normally just...
[48:14.000 --> 48:16.000]  Well, I've got PIRs for all that.
[48:16.000 --> 48:24.000]  I've got PIRs specifically written to get the information relative to that along with the memorandum
[48:24.000 --> 48:30.000]  they're required to have signed by their employer, which is either the city or the county.
[48:30.000 --> 48:39.000]  If that memorandum of understanding does not exist, doesn't matter whether they're certified or not, they can't enforce.
[48:39.000 --> 48:46.000]  So there's actually two criteria. The officer has to be properly trained and certified by the Department of Public Safety,
[48:46.000 --> 48:56.000]  and then his agency has to have authority with the DPS via a memorandum of understanding in order to do the enforcement.
[48:56.000 --> 49:02.000]  And even then, the enforcement that they're authorized to do in a municipal police department
[49:02.000 --> 49:10.000]  is limited to Chapter 644 of the transportation code, which is all commercial motor vehicles.
[49:10.000 --> 49:15.000]  So they didn't step in it. They nosedive in it.
[49:15.000 --> 49:19.000]  Yeah, so I'm pretty sure I have your PIRs, and all of that will be dispatching.
[49:19.000 --> 49:26.000]  And for a copy of her sworn oaths and all that stuff coming up here real soon, since it just happened yesterday, it's kind of fresh.
[49:26.000 --> 49:30.000]  And it's so fortuitous that you happen to be coming back live on the air.
[49:30.000 --> 49:33.000]  You always come in in a clench, I tell you.
[49:33.000 --> 49:37.000]  Well, I'm glad I can be timely when needed.
[49:37.000 --> 49:42.000]  Absolutely. Like you say, there's nothing more important than timely filing.
[49:42.000 --> 49:43.000]  Exactly.
[49:43.000 --> 49:52.000]  So I've got a motion to dismiss already drawn up, but I'm largely completely avoiding the not engaging transportation argument,
[49:52.000 --> 49:58.000]  which is supposedly got kind of overruled anyway in the court.
[49:58.000 --> 50:05.000]  Yeah, but we still need to be making it and making the argument along with it that the Third Court of Appeals aired in its opinion,
[50:05.000 --> 50:07.000]  which it did grossly.
[50:07.000 --> 50:19.000]  We need to be challenging their opinion as being based upon being in error, considering the actual law and the facts,
[50:19.000 --> 50:24.000]  because they can't simply just declare the word transportation means nothing,
[50:24.000 --> 50:31.000]  because if they do, then they're saying that the Texas Constitution, Article III, Section 35, means nothing.
[50:31.000 --> 50:39.000]  Now, I've read the Perkins cases, and they specifically said that it's just a word in the title of the act.
[50:39.000 --> 50:48.000]  Well, that's not true, because the Texas Constitution says that the word in the title of the act that describes the single subject matter
[50:48.000 --> 50:54.000]  to which the act applies is the limiting factor of everything in that act.
[50:54.000 --> 50:58.000]  And the Texas Supreme Court has ruled so many, many, many, many times.
[50:58.000 --> 51:03.000]  So the Third Court of Appeals can't overrule that.
[51:03.000 --> 51:07.000]  So even though you don't want to make it your primary argument,
[51:07.000 --> 51:15.000]  you still need to make it and assert that the Third Court of Appeals aired on those grounds.
[51:15.000 --> 51:23.000]  And of course, you need a certified copy of the title section of SB 971 from the Secretary of State's office
[51:23.000 --> 51:32.000]  to put as an attachment to show that that word, transportation, is put into the bill as the single subject
[51:32.000 --> 51:35.000]  complying with Article III, Section 35.
[51:35.000 --> 51:43.000]  Therefore, the Third Court of Appeals can't just catch it aside and says it doesn't mean anything, which is exactly what they did.
[51:43.000 --> 51:48.000]  Well, let me short-check it back, because I did something that you're going to smack me upside the head for,
[51:48.000 --> 51:55.000]  is I provided them prima facie evidence that I'm engaged in transportation by handing in the driver's license.
[51:55.000 --> 51:57.000]  Yeah, that's a problem.
[51:57.000 --> 52:06.000]  What I'm trying to do is limit this to specifically the deficiencies in the statutes themselves, this whole wrong title, wrong subtitle.
[52:06.000 --> 52:12.000]  Well, but once again, subtitle C covers which chapters?
[52:12.000 --> 52:17.000]  So I looked that up, and it covers from Chapter, what?
[52:17.000 --> 52:20.000]  541 through 600, right?
[52:20.000 --> 52:22.000]  Exactly.
[52:22.000 --> 52:25.000]  What chapter is the driver's license?
[52:25.000 --> 52:27.000]  521.
[52:27.000 --> 52:31.000]  Bingo. Is it inside of subtitle C?
[52:31.000 --> 52:32.000]  No, it's not.
[52:32.000 --> 52:38.000]  Then they cannot enforce it for that reason, just like they can't the registration, can they?
[52:38.000 --> 52:58.000]  So same thing. Well, ultimately, what I was hoping to achieve here is get it dismissed on the fact that there was no probable cause that I was engaged in a violation of subtitle C.
[52:58.000 --> 53:04.000]  Okay. I understand your point on what you want to do with that, but here's why it's not going to work.
[53:04.000 --> 53:08.000]  They've already ruled that the license plate is something that's in public.
[53:08.000 --> 53:13.000]  Therefore, the officer doesn't need any probable cause to run it because it's publicly visible.
[53:13.000 --> 53:26.000]  Now, they never get into dealing with the specific point that the only reason it's publicly visible is because the government is compelling you by force to have it on your car.
[53:26.000 --> 53:29.000]  They never look at that point of their argument.
[53:29.000 --> 53:36.000]  It wouldn't be visible if it didn't have to be there and you didn't have to have it.
[53:36.000 --> 53:42.000]  And the fact that they're making people have it that aren't required to have it is fraud, but that's another issue.
[53:42.000 --> 53:47.000]  But the point is they're going to overrule your point based on that.
[53:47.000 --> 53:50.000]  The officer doesn't need probable cause to run a plate.
[53:50.000 --> 53:54.000]  That's why they could get away with using license plate scanners.
[53:54.000 --> 54:00.000]  No, but Eddie, they need probable cause to initiate a warrantless arrest.
[54:00.000 --> 54:02.000]  And they also need probable cause to...
[54:02.000 --> 54:08.000]  I understand that, but in this particular case, it was a violation of the traffic code.
[54:08.000 --> 54:16.000]  The problem here is the one you're already looking at, which is they don't have the authority to enforce that provision of the transportation code.
[54:16.000 --> 54:25.000]  Okay? But trying to argue that they didn't have probable cause because it's a transportation code offense is not going to get you anywhere.
[54:25.000 --> 54:27.000]  That's my point.
[54:27.000 --> 54:33.000]  You're on the right track with saying that she had no authority to pull you over no matter what the hell her computer told her.
[54:33.000 --> 54:40.000]  And the other thing you need to make sure you challenge is that computer information in Texas has been ruled to be hearsay.
[54:40.000 --> 54:45.000]  And hearsay cannot be introduced in a court of law.
[54:45.000 --> 54:50.000]  There is no exception for computer records in Texas case law.
[54:50.000 --> 54:51.000]  None.
[54:51.000 --> 54:59.000]  Texas case law specifically says, and I have the cases if you want them to use, that says it is hearsay.
[54:59.000 --> 55:07.000]  The officer cannot get on the stand and testify as to what came back on that computer, and the moment she tries to, you need to object to it being hearsay
[55:07.000 --> 55:16.000]  and point the judge to your motion demanding suppression of the officer's testimony relative to any information returned on her computer.
[55:16.000 --> 55:18.000]  She didn't enter it.
[55:18.000 --> 55:21.000]  She was not there to watch the person who entered it.
[55:21.000 --> 55:25.000]  She has no firsthand knowledge of where it came from and how it got there.
[55:25.000 --> 55:27.000]  Therefore, it's hearsay.
[55:27.000 --> 55:29.000]  So I definitely want that.
[55:29.000 --> 55:34.000]  And so that means that I need to also craft up a motion to suppress?
[55:34.000 --> 55:36.000]  Absolutely.
[55:36.000 --> 55:37.000]  Okay.
[55:37.000 --> 55:40.000]  You need a motion to suppress and a motion in limiting.
[55:40.000 --> 55:48.000]  One to suppress any evidence taken from the computer and one to limit her ability to talk about it.
[55:48.000 --> 55:49.000]  Okay.
[55:49.000 --> 55:59.000]  So here's another one of the points that I brought up in my discussion, and it was that Section 543.003 says that, you know,
[55:59.000 --> 56:06.000]  an officer who makes an arrest, a warrantless arrest of a person in violation of this subtitle, subtitle C, it basically,
[56:06.000 --> 56:13.000]  this is the one that says that they can, you know, be issued a written warning instead of being taken directly before magistrate.
[56:13.000 --> 56:20.000]  Well, issued a citation instead of being taken before magistrate, unless the person who's arrested demands it.
[56:20.000 --> 56:21.000]  Right.
[56:21.000 --> 56:24.000]  But it says, it doesn't call it a citation in the statute.
[56:24.000 --> 56:26.000]  It calls it a written notice to appear.
[56:26.000 --> 56:28.000]  So that's what I call it in my motion.
[56:28.000 --> 56:29.000]  Yeah.
[56:29.000 --> 56:38.000]  But I also, so this section allows for, in lieu of being taken before magistrate, you know, being written a written warning,
[56:38.000 --> 56:40.000]  that does not appear.
[56:40.000 --> 56:43.000]  Well, written warning and a notice to appear are not the same thing.
[56:43.000 --> 56:44.000]  So don't use that term.
[56:44.000 --> 56:48.000]  It's not applicable here.
[56:48.000 --> 56:49.000]  Okay.
[56:49.000 --> 56:51.000]  So, but it wasn't a warning.
[56:51.000 --> 56:54.000]  It was a citation, right?
[56:54.000 --> 57:00.000]  Well, the notice to appear was on a citation, not a warning, but a citation.
[57:00.000 --> 57:02.000]  Yeah, a citation.
[57:02.000 --> 57:07.000]  So, but what I'm getting, what I'm driving at here is that according to this 543.003,
[57:07.000 --> 57:13.000]  it's only the offenses in subtitle C that they can do that for, that they can issue a written warning for.
[57:13.000 --> 57:20.000]  Because those are the only ones under 543.001 for which they can make a warrantless arrest if they're authorized to do so.
[57:20.000 --> 57:25.000]  Right. So when they made the warrantless arrest and issued a citation,
[57:25.000 --> 57:32.000]  they violated it twice in the fact that they said that they first initiated a warrantless arrest.
[57:32.000 --> 57:36.000]  For which they have no legal authority to make.
[57:36.000 --> 57:37.000]  Uh-huh. And then second...
[57:37.000 --> 57:42.000]  And then they issued a citation, which they have no legal authority to write.
[57:42.000 --> 57:48.000]  Correct. Because it has nothing to do with Chapter 520 up there for vehicle registration.
[57:48.000 --> 57:50.000]  So that...
[57:50.000 --> 57:52.000]  Well, 502 or 503, sorry.
[57:52.000 --> 57:54.000]  Yeah, you're right, 502.
[57:54.000 --> 57:57.000]  So, oh man, we're running up on a break.
[57:57.000 --> 58:01.000]  Yeah, hang on just a second and I'll take you on the other side and finish up, okay?
[58:01.000 --> 58:05.000]  EJ in California, I see you on the board. Hang on, I will get to you.
[58:05.000 --> 58:11.000]  All right, folks, 512-646-1984. This is our top of the hour break.
[58:11.000 --> 58:15.000]  So I'll be going for about four minutes, but I will be back on the other side.
[58:15.000 --> 58:18.000]  All of y'all hang on and keep listening.
[58:18.000 --> 58:46.000]  And once again, I am back.
[58:48.000 --> 58:53.000]  The Bible remains the most popular book in the world.
[58:53.000 --> 58:57.000]  Yet countless readers are frustrated because they struggle to understand it.
[58:57.000 --> 59:01.000]  Some new translations try to help by simplifying the text,
[59:01.000 --> 59:06.000]  but in the process can compromise the profound meaning of the Scripture.
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[59:47.000 --> 59:50.000]  That's freestudybible.com.
[59:50.000 --> 01:00:00.000]  You are listening to the Logos Radio Network, logosradionetwork.com.
[01:00:00.000 --> 01:00:04.000]  The Bill of Rights contains the first ten amendments of our Constitution.
[01:00:04.000 --> 01:00:07.000]  They guarantee the specific freedoms Americans should know and protect.
[01:00:07.000 --> 01:00:09.000]  Our liberty depends on it.
[01:00:09.000 --> 01:00:16.000]  I'm Dr. Catherine Albrecht and I'll be right back with an unforgettable way to remember one of your constitutional rights.
[01:00:16.000 --> 01:00:18.000]  Privacy is under attack.
[01:00:18.000 --> 01:00:21.000]  When you give up data about yourself, you'll never get it back again.
[01:00:21.000 --> 01:00:26.000]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:00:26.000 --> 01:00:31.000]  So protect your rights, say no to surveillance, and keep your information to yourself.
[01:00:31.000 --> 01:00:34.000]  Privacy, it's worth hanging on to.
[01:00:34.000 --> 01:00:37.000]  This public service announcement is brought to you by Startpage.com,
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[01:00:45.000 --> 01:00:47.000]  When I think of the Second Amendment,
[01:00:47.000 --> 01:00:52.000]  I visualize myself wrapping my two arms around the Bill of Rights in a big old bear hug.
[01:00:52.000 --> 01:00:56.000]  It's how I remember that the Second Amendment guarantees us the right to bear arms,
[01:00:56.000 --> 01:01:00.000]  arms that embrace our freedoms and won't let anyone take them away without a fight.
[01:01:00.000 --> 01:01:03.000]  Get it? Two arms, bear hug, bear arms?
[01:01:03.000 --> 01:01:08.000]  The late Senator Hubert Humphrey captured the spirit of the Second Amendment so well when he said,
[01:01:08.000 --> 01:01:13.000]  the right of the citizens to bear arms is just one guarantee against arbitrary government,
[01:01:13.000 --> 01:01:17.000]  one more safeguard against the tyranny which now appears remote in America,
[01:01:17.000 --> 01:01:20.000]  but which historically has proved to always be possible.
[01:01:20.000 --> 01:01:33.000]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:01:33.000 --> 01:01:35.000]  You may think our brains deteriorate with age,
[01:01:35.000 --> 01:01:40.000]  but new research shows that as brains get older, they actually work more efficiently.
[01:01:40.000 --> 01:01:47.000]  I'm Dr. Catherine Albrecht back with new research on how aging makes the mind sharper after this.
[01:01:47.000 --> 01:01:49.000]  Privacy is under attack.
[01:01:49.000 --> 01:01:52.000]  When you give up data about yourself, you'll never get it back again.
[01:01:52.000 --> 01:01:57.000]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:01:57.000 --> 01:01:59.000]  So protect your rights.
[01:01:59.000 --> 01:02:03.000]  Say no to surveillance and keep your information to yourself.
[01:02:03.000 --> 01:02:05.000]  Privacy, it's worth hanging on to.
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[01:02:16.000 --> 01:02:21.000]  It's a widely held notion that the older people get, the more doddering they become.
[01:02:21.000 --> 01:02:26.000]  But new research shows that even as our brains age, they can actually become more efficient.
[01:02:26.000 --> 01:02:33.000]  Scientists asked two groups of volunteers, one age 18 to 35 and the other 55 to 75,
[01:02:33.000 --> 01:02:36.000]  to associate different words with given topics.
[01:02:36.000 --> 01:02:39.000]  At one point, they told everyone they'd made a mistake.
[01:02:39.000 --> 01:02:43.000]  When that happened, the younger group's brains lit up and lost focus,
[01:02:43.000 --> 01:02:48.000]  but the older group's brains didn't even flinch, and they stayed focused on solving the next task.
[01:02:48.000 --> 01:02:51.000]  The moral? There's something to be said for experience.
[01:02:51.000 --> 01:03:14.000]  I'm Dr. Catherine Albrecht for StartPage.com, the world's most private search engine.
[01:03:21.000 --> 01:03:28.000]  All right, folks, we are back.
[01:03:28.000 --> 01:03:36.000]  This is Rule of Law Radio, the call in number 512-646-1984, and we are still talking with Max.
[01:03:36.000 --> 01:03:39.000]  All right, Max, continue, please.
[01:03:39.000 --> 01:03:46.000]  All right, so after we've kind of established that they made the warrantless arrest or seizure,
[01:03:46.000 --> 01:03:52.000]  you know, for the wrong subtitle of offense, and now that they've failed to bring me before magistrate
[01:03:52.000 --> 01:03:55.000]  and instead issued a written citation or written warning.
[01:03:55.000 --> 01:04:00.000]  Well, no, wait, did you demand an appearance before magistrate?
[01:04:00.000 --> 01:04:01.000]  No, I didn't.
[01:04:01.000 --> 01:04:06.000]  But what I keep trying to tell you is this is the only section that allows, you know,
[01:04:06.000 --> 01:04:10.000]  in lieu of taking you before magistrate to write the issue of written warning.
[01:04:10.000 --> 01:04:18.000]  There is no anything about a written warning in the section in subtitle A.
[01:04:18.000 --> 01:04:19.000]  You know what I mean?
[01:04:19.000 --> 01:04:23.000]  There's not, this is the only, these are the only rules of the road.
[01:04:23.000 --> 01:04:24.000]  Can you issue a written warning?
[01:04:24.000 --> 01:04:25.000]  Right, I agree.
[01:04:25.000 --> 01:04:31.000]  But what I'm saying is, is that that is because they lack the warrantless arrest authority
[01:04:31.000 --> 01:04:36.000]  that's granted in 543.001.
[01:04:36.000 --> 01:04:38.000]  That's the argument's focus, okay?
[01:04:38.000 --> 01:04:41.000]  When you're saying that they didn't take me to a magistrate,
[01:04:41.000 --> 01:04:44.000]  well, that's not a requirement in any other part of the statute
[01:04:44.000 --> 01:04:50.000]  because those are not arrestable offenses under the language of the code.
[01:04:50.000 --> 01:04:56.000]  See, my argument about this has always been if we're going by the statutory construction,
[01:04:56.000 --> 01:05:09.000]  543.001 is a local and specific provision that authorizes a warrantless arrest only for offenses codified in subtitle C.
[01:05:09.000 --> 01:05:17.000]  That means it overrides 14.01 and 02 of the Code of Criminal Procedure because it is general,
[01:05:17.000 --> 01:05:24.000]  whereas the transportation code, 543.001, is local and specific to the code.
[01:05:24.000 --> 01:05:33.000]  The legislature saw fit to not authorize a warrantless arrest for any offense that was not within subtitle C.
[01:05:33.000 --> 01:05:41.000]  Therefore, the officer's actions were illegal as a form of false imprisonment.
[01:05:41.000 --> 01:05:42.000]  Right.
[01:05:42.000 --> 01:05:43.000]  Capiche?
[01:05:43.000 --> 01:05:44.000]  Capiche.
[01:05:44.000 --> 01:05:52.000]  But the reason, and one of the reasons that I'm bringing up the 543.003 is because it's, you know,
[01:05:52.000 --> 01:05:57.000]  that's the one that allows them to not take the before magistrate and issue the written ticket.
[01:05:57.000 --> 01:06:09.000]  Now, and then later on in 543.008, it says a violation of an officer of a provision of sections 543.003 through 543.007
[01:06:09.000 --> 01:06:15.000]  is misconduct in office and the officer is subject to removal from the officer's position.
[01:06:15.000 --> 01:06:18.000]  Now, I'm not alleging that they violated that.
[01:06:18.000 --> 01:06:23.000]  I'm just asking the court to take judicial notice that says that in my motion here.
[01:06:23.000 --> 01:06:24.000]  Okay.
[01:06:24.000 --> 01:06:29.000]  My point is, is why do you want the court to take judicial notice of it?
[01:06:29.000 --> 01:06:35.000]  Because that argument, like I just said, that argument is not the crux of the violation.
[01:06:35.000 --> 01:06:45.000]  Since the particular offense that she charged you with does not fall under subtitle C, that provision would not apply.
[01:06:45.000 --> 01:06:53.000]  But the authority to make the warrantless arrest in the first place absolutely would.
[01:06:53.000 --> 01:06:55.000]  You see what I'm saying?
[01:06:55.000 --> 01:07:00.000]  But, Eddie, I'm saying she up and did what it says in 543.003.
[01:07:00.000 --> 01:07:02.000]  It doesn't matter.
[01:07:02.000 --> 01:07:05.000]  It doesn't matter that she did what it says.
[01:07:05.000 --> 01:07:07.000]  Okay?
[01:07:07.000 --> 01:07:12.000]  The fact of it is, is that she didn't have the authority to do any of it.
[01:07:12.000 --> 01:07:21.000]  And there's more than one grounds for asserting that, her lack of certification, the lack of a memorandum of understanding with her department,
[01:07:21.000 --> 01:07:29.000]  and the fact that it did not comport itself with the warrantless arrest authority granted by 543.001.
[01:07:29.000 --> 01:07:32.000]  Those three things should be your focus.
[01:07:32.000 --> 01:07:34.000]  Forget 003.
[01:07:34.000 --> 01:07:42.000]  It will get you nowhere because telling the judge to take notice of something that's absolutely irrelevant to the actions that followed
[01:07:42.000 --> 01:07:47.000]  because of a lack of authority to make them in the first place isn't helping you.
[01:07:47.000 --> 01:07:49.000]  It's just adding smoke.
[01:07:49.000 --> 01:07:51.000]  You see what I'm saying?
[01:07:51.000 --> 01:08:00.000]  It's clouding the real issue here, which is the officer's complete lack of lawful authority to do anything that she did.
[01:08:00.000 --> 01:08:07.000]  Well, Eddie, the reason I'm including it is because later I assert in my summary that Alva further asserts that the written notice,
[01:08:07.000 --> 01:08:12.000]  known as citation number blah, was issued without legal authority.
[01:08:12.000 --> 01:08:19.000]  But the legal authority is not couched in 543.003 is my point.
[01:08:19.000 --> 01:08:23.000]  It's couched in 543.001.
[01:08:23.000 --> 01:08:28.000]  But no, 543.001 says nothing about writing a written citation.
[01:08:28.000 --> 01:08:30.000]  No, it doesn't.
[01:08:30.000 --> 01:08:34.000]  But okay, here's what you're trying to do and why it won't work.
[01:08:34.000 --> 01:08:41.000]  They could mail you a citation if they're authorized to make a citation for any other offense in the code.
[01:08:41.000 --> 01:08:45.000]  They don't have to pull you over to send you the citation.
[01:08:45.000 --> 01:08:51.000]  So arguing that she wrote a citation, she wasn't allowed to write in the first place,
[01:08:51.000 --> 01:08:59.000]  for an act that doesn't apply to the offense in particular, isn't going to help you.
[01:08:59.000 --> 01:09:04.000]  I understand where you're trying to go with it, but it isn't going to help you.
[01:09:04.000 --> 01:09:15.000]  The issuance of the citation here is couched in the fact that she didn't have the legal authority to do it, not the simple fact that she did do it.
[01:09:15.000 --> 01:09:27.000]  And even then, 543.003 doesn't help you because you did not demand an appearance before a magistrate, which is a specific language in the statute.
[01:09:27.000 --> 01:09:32.000]  Without the demand, she did not have a duty to take you before the magistrate.
[01:09:32.000 --> 01:09:38.000]  She only had the duty if you demanded it and refused to take a written citation until it was done.
[01:09:38.000 --> 01:09:44.000]  If she had refused to take you when you had demanded it, then she would have a problem.
[01:09:44.000 --> 01:09:45.000]  But that's not the case.
[01:09:45.000 --> 01:09:47.000]  You didn't demand it.
[01:09:47.000 --> 01:09:54.000]  Therefore, your backup plan here is to go after her lack of original authority to do everything she did in the first place,
[01:09:54.000 --> 01:10:08.000]  which is the fact that she is outside of the scope of her authority and that the statute does not authorize her warrantless seizure review based upon the alleged offense.
[01:10:08.000 --> 01:10:16.000]  Okay. Let's step away from 543.003 real quick, and I want to kind of run down a bullet list of some documents that I'd like to prepare
[01:10:16.000 --> 01:10:19.000]  and then kind of run them by you and see if, yes, you need that.
[01:10:19.000 --> 01:10:20.000]  No, you don't need that.
[01:10:20.000 --> 01:10:21.000]  Yes, you need this.
[01:10:21.000 --> 01:10:28.000]  So I definitely need a motion to suppress and a motion to eliminate.
[01:10:28.000 --> 01:10:42.000]  And I also need to, let's see, I also wanted to attack the sufficiency of notice attempting to prosecute the case, you know, with no complaint but with the citation alone.
[01:10:42.000 --> 01:10:45.000]  So I want to run through that motion.
[01:10:45.000 --> 01:10:52.000]  And I also wanted to, I still wanted to validate with you that special appearance still applies in all of this.
[01:10:52.000 --> 01:10:58.000]  Yes, it does. But your motion to dismiss needs to be done via special appearance.
[01:10:58.000 --> 01:11:13.000]  And in there where it says respondent under your name, you need to put in proprio persona, do not put pro se, in proprio persona, in one's proper person.
[01:11:13.000 --> 01:11:18.000]  Okay. That's, apparently the motions from the seminar material don't say that.
[01:11:18.000 --> 01:11:22.000]  They don't. They just say respondent, but they need to.
[01:11:22.000 --> 01:11:27.000]  Yeah, you always get me after I've already notarized the darn thing. That's all right.
[01:11:27.000 --> 01:11:34.000]  Well, I want to get, you got my actual phone number. You could have called me and asked me before you went that far.
[01:11:34.000 --> 01:11:36.000]  You didn't have to wait for the show.
[01:11:36.000 --> 01:11:40.000]  Well, remember, it was just last night. So we got plenty of time.
[01:11:40.000 --> 01:11:45.000]  I know. So how would I, why would I have expected you to have already gotten it notarized?
[01:11:45.000 --> 01:11:51.000]  Well, honestly, I thought you were still going to be off the air and I'd be on my own, which didn't really bother me too much.
[01:11:51.000 --> 01:11:55.000]  But now that you were back, I was like, oh, crap, let me call Eddie.
[01:11:55.000 --> 01:11:59.000]  Well, you still had the phone number. You could still call me.
[01:11:59.000 --> 01:12:07.000]  Absolutely. But I found out to use you that way, like my personal lawyer or something, not to insult you.
[01:12:07.000 --> 01:12:18.000]  But anyway, hey, you know, you're helping me with the stuff that I need behind the scenes here when it comes to the legal blog and the Web site stuff when I don't have time to get any of it done.
[01:12:18.000 --> 01:12:22.000]  So I can't fault you for calling to ask me a question.
[01:12:22.000 --> 01:12:30.000]  Cool. Well, I will keep that in mind and I might have I might do that because, man, I haven't really practiced this Kung Fu in about two to three years.
[01:12:30.000 --> 01:12:40.000]  So I may be rusty, but I still haven't forgotten anything and I still have all the motions and the seminar material. And heck, I've told so many people about it and ran through it so many darn times.
[01:12:40.000 --> 01:12:48.000]  I mean, it's just like second nature now. But anyway, I think I've ran through most of my questions. I just kind of wanted to get a list of things.
[01:12:48.000 --> 01:12:58.000]  I got the audacity recording so I don't need to take notes. I normally come a lot more prepared with a list of questions for you, but had to kind of run ad hoc there when I was surprised that you were on tonight.
[01:12:58.000 --> 01:13:09.000]  Okay. Well, I'm glad I was able to help. And like I say, that's what I would be focusing on is the lack of authority to do the enforcement in the first place.
[01:13:09.000 --> 01:13:17.000]  Gotcha. And I haven't screwed too much of that up by providing the prima facie evidence to the engaged in transportation.
[01:13:17.000 --> 01:13:30.000]  So can it be overcome? Well, of course it can be overcome because the fact of the matter is you can put that in your motion in limine and your motion to suppress the production of the driver's license.
[01:13:30.000 --> 01:13:42.000]  Because it was based upon a false allegation by the officer based upon faulty computer information that she has no right to testify to because it's hearsay.
[01:13:42.000 --> 01:13:47.000]  And send me an email to send you that case law.
[01:13:47.000 --> 01:13:54.000]  Okay, I will do that. And also, yeah, I just subscribed to your YouTube channel. Looking forward to see some content over there.
[01:13:54.000 --> 01:14:00.000]  All right. Well, I'm looking forward to trying to make it without going blind here, but I'll see what I can do.
[01:14:00.000 --> 01:14:05.000]  All right, bud. That's about all I got for you, man. Let's get some other callers.
[01:14:05.000 --> 01:14:08.000]  All right, Max. Thanks for calling in.
[01:14:08.000 --> 01:14:09.000]  All right. Good night, Eddie.
[01:14:09.000 --> 01:14:18.000]  Good night. All right. Now we have EJ in California. EJ, what can we do for you?
[01:14:18.000 --> 01:14:26.000]  Hi, good evening. I had a hearing past Friday.
[01:14:26.000 --> 01:14:28.000]  Hearing for what?
[01:14:28.000 --> 01:14:43.000]  It was a refused to show ID to peace officer. It was last year in October, late October.
[01:14:43.000 --> 01:14:45.000]  In what state?
[01:14:45.000 --> 01:14:47.000]  Oh, California.
[01:14:47.000 --> 01:14:51.000]  And California is not a stop in ID state, right?
[01:14:51.000 --> 01:14:54.000]  I have no idea, Eddie.
[01:14:54.000 --> 01:15:02.000]  Well, you might want to educate yourself and find out. I'm pretty sure it's not, but you need to be able to cite the statute that says it's not.
[01:15:02.000 --> 01:15:06.000]  Or at least a court case that says it's not.
[01:15:06.000 --> 01:15:09.000]  Stop in ID, is that what you said? Stop in ID state?
[01:15:09.000 --> 01:15:15.000]  Yes, stop in ID. Also in New York, it's also called stop in Frisk.
[01:15:15.000 --> 01:15:22.000]  Okay, stop in Frisk, research that.
[01:15:22.000 --> 01:15:30.000]  Now, what was the reason they were asking for your ID?
[01:15:30.000 --> 01:15:39.000]  So I was at a intersection and I looked to my left, no cars coming. I safely made the right.
[01:15:39.000 --> 01:15:48.000]  I stopped. I safely made the right. When I'm going down and then, oh, I see the cop on my left.
[01:15:48.000 --> 01:15:53.000]  He's going the other way, you know, Officer Smith. They're all Smith.
[01:15:53.000 --> 01:15:59.000]  They go down. He's going the other. So we're like going, you know, opposite of each other.
[01:15:59.000 --> 01:16:00.000]  Right.
[01:16:00.000 --> 01:16:10.000]  He makes a year turn. I'm like, oh, no, he's going to stop me. For what? He turns on his light and then, okay, so I stopped.
[01:16:10.000 --> 01:16:13.000]  Was there a no right on red sign where you turned?
[01:16:13.000 --> 01:16:20.000]  No, no, no, Eddie. No, I always stop and make a right there. I live close by.
[01:16:20.000 --> 01:16:27.000]  Okay. All right. So what was his, what was his reason for turning around and coming after you?
[01:16:27.000 --> 01:16:31.000]  When he pulls you over, what did he say the reason was?
[01:16:31.000 --> 01:16:37.000]  Didn't you see, ma'am? You almost hit a car.
[01:16:37.000 --> 01:16:40.000]  Okay.
[01:16:40.000 --> 01:16:49.000]  All right. Well, hang on just a second, EJ, and let me get this break out of the way and I will come back here and we will finish this up. Okay.
[01:16:49.000 --> 01:16:50.000]  Sounds good. Thank you.
[01:16:50.000 --> 01:17:00.000]  All right. All right, folks. This is Rule of Law Radio calling number 512-646-1984. Give me a call. Let's talk.
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[01:19:01.000 --> 01:19:11.000]  This is the Logos Radio Network.
[01:19:31.000 --> 01:19:43.000]  All right, folks, we are back. This is Rule of Law Radio calling number 512-646-1984.
[01:19:43.000 --> 01:19:48.000]  We are currently on the line with E.J. in California. All right, E.J., let's continue here.
[01:19:48.000 --> 01:19:53.000]  Okay, so the cop turns around and says that you almost hit another car.
[01:19:53.000 --> 01:20:04.000]  By any chance could – after you made your turn, how close to the intersection were you turned was the cop car?
[01:20:04.000 --> 01:20:10.000]  Oh, it was like three – about like three-fourths of a mile. So he was –
[01:20:10.000 --> 01:20:11.000]  Three-quarters of a mile down.
[01:20:11.000 --> 01:20:22.000]  Yeah. Yes. All the way – he didn't even stop probably like close to me. He just did – because he saw my – hanging his head.
[01:20:22.000 --> 01:20:27.000]  Okay. You keep breaking up when you're talking. So either stick a little closer to your phone or whatever it is you're using.
[01:20:27.000 --> 01:20:31.000]  Are you using a headset or Bluetooth or something?
[01:20:31.000 --> 01:20:37.000]  Oh, no. I – it's on what you call it – speaker. I'll take it off speaker. Sorry.
[01:20:37.000 --> 01:20:42.000]  Okay, yeah. It keeps cutting out on you, and so I lose part of what you're saying.
[01:20:42.000 --> 01:20:53.000]  So he was three-quarters of a mile away when you noticed him as you made the turn, or did you notice him after the fact?
[01:20:53.000 --> 01:20:59.000]  Oh, no. After the fact, when I made – I stopped.
[01:20:59.000 --> 01:21:02.000]  Okay, now you're breaking up even worse.
[01:21:02.000 --> 01:21:11.000]  Oh, no. I don't know what's going on. Maybe it's the air coming in. I'll go outside. Let me see. Can you hear me better?
[01:21:11.000 --> 01:21:16.000]  Yeah. Go ahead.
[01:21:16.000 --> 01:21:37.000]  I can call back. So basically, I noticed when I safely stopped. Fine, right? And as I was sitting on that road, I saw approaching the opposite side.
[01:21:37.000 --> 01:21:45.000]  Right. And about how far away was he when you saw him approaching? Three-quarters of a mile or less?
[01:21:45.000 --> 01:21:57.000]  Three-quarters of a mile. I can see him. He was far back.
[01:21:57.000 --> 01:22:14.000]  Okay. All right. And so he claims that you almost hit another car from a distance where you couldn't possibly tell whether or not that was the case, if that was actually three-quarters of a mile, if your estimation is correct.
[01:22:14.000 --> 01:22:19.000]  So he wrote you a citation, I'm assuming?
[01:22:19.000 --> 01:22:27.000]  He just said, no, I said, you're incorrect.
[01:22:27.000 --> 01:22:39.000]  Okay. A.J., I'm sorry. You keep breaking up so bad, I can't catch any of that. If you would, please try calling me back on something else, a landline or something that hopefully won't break up as bad.
[01:22:39.000 --> 01:22:42.000]  Thank you.
[01:22:42.000 --> 01:22:45.000]  Yes, ma'am.
[01:22:45.000 --> 01:22:54.000]  Okay. Now, while we're waiting on that, we have Jane in Texas. Jane, what can I do for you? How's the cat business?
[01:22:54.000 --> 01:22:59.000]  Cat business, my ass. Oh, can I say that?
[01:22:59.000 --> 01:23:07.000]  Well, not too good, because now I got a bigger fight than what I did have.
[01:23:07.000 --> 01:23:13.000]  Did you happen to listen to my audio recording from the first part of my jury trial?
[01:23:13.000 --> 01:23:22.000]  I have not had a chance. Like I said, I've been working on so much stuff trying to get my computers where they'd actually work right in this place that I haven't had a chance.
[01:23:22.000 --> 01:23:23.000]  Oh, man.
[01:23:23.000 --> 01:23:29.000]  And I told you when you sent me your email today, I wouldn't be able to dig into any of that stuff until tomorrow.
[01:23:29.000 --> 01:23:32.000]  Yeah, but you could listen to the audio when you're doing something else.
[01:23:32.000 --> 01:23:38.000]  Not when I'm having to listen to audio on something else I'm doing.
[01:23:38.000 --> 01:23:45.000]  No, the first part of the audio was only 19 minutes. The whole thing is like over two hours.
[01:23:45.000 --> 01:23:56.000]  But the audio that I picked you already is where I was doing a constitutional, Texas constitutional silence, which lasted about 19 minutes.
[01:23:56.000 --> 01:23:59.000]  And they didn't try to hear any of that.
[01:23:59.000 --> 01:24:04.000]  But I got a bigger issue now because, I mean, they already denied all that, and I kind of already knew that they would.
[01:24:04.000 --> 01:24:10.000]  But so instead of paying the $100 I could have paid to just be on defer for three months.
[01:24:10.000 --> 01:24:13.000]  Now I owe about $1,000, and I'm convicted actually.
[01:24:13.000 --> 01:24:25.000]  So I just got through writing up a notice of intention to fill with points of errors and signing the flat request for jury records.
[01:24:25.000 --> 01:24:34.000]  But I'm finding it's conflicting at all, and I keep sending that to you, like on the Texas Rules of Appellate Procedure.
[01:24:34.000 --> 01:24:41.000]  It seems to say, where I saw part there, that if the misdemeanor was a fine-only event, that you can't appeal it.
[01:24:41.000 --> 01:24:46.000]  I mean, that you can't have a new file, is that correct?
[01:24:46.000 --> 01:24:50.000]  I didn't understand the way you asked the question. Say that again.
[01:24:50.000 --> 01:24:59.000]  In the Texas Rules of Appellate Procedure, it seems to indicate in there, I don't know exactly the number on it.
[01:24:59.000 --> 01:25:01.000]  I think I sent to you in the email. It says that...
[01:25:01.000 --> 01:25:06.000]  And I sent you a reply back to that email when you were talking about how those things were conflicting,
[01:25:06.000 --> 01:25:09.000]  and I tried to explain to you how they're not conflicting.
[01:25:09.000 --> 01:25:14.000]  Yeah, but I sent you a bunch of things in one email, and I don't know if you were replying...
[01:25:14.000 --> 01:25:17.000]  You sent me a bunch of attachments on the last email you sent me.
[01:25:17.000 --> 01:25:24.000]  But on the email you sent me before that, I went through and tried to answer every single thing you asked me.
[01:25:24.000 --> 01:25:27.000]  Oh, you did? I thought you just had one or two sentences right above...
[01:25:27.000 --> 01:25:30.000]  Okay, so you mean you answered all of them?
[01:25:30.000 --> 01:25:32.000]  I'm pretty sure I did.
[01:25:32.000 --> 01:25:34.000]  Okay, I didn't see that. I don't know.
[01:25:34.000 --> 01:25:38.000]  So I am... You know, I can get a new trial, right?
[01:25:38.000 --> 01:25:43.000]  I mean, I really don't want a trial, and that court is not going to do any good because they're all against me over there.
[01:25:43.000 --> 01:25:49.000]  And that day I came to court, and they were raised... They had three prosecutors in there, three officers.
[01:25:49.000 --> 01:25:52.000]  You know, they were going to convict me no matter what, you know.
[01:25:52.000 --> 01:25:58.000]  Well, ever since they changed the rules that on fine-only offenses they can send in more than one attorney,
[01:25:58.000 --> 01:26:03.000]  they do because the attorneys are too stupid to do it by themselves.
[01:26:03.000 --> 01:26:05.000]  I've proven that more than once.
[01:26:05.000 --> 01:26:10.000]  Right, but still, I mean, that's a little bit overkill, don't you think?
[01:26:10.000 --> 01:26:15.000]  Well, not for them. It's not. They can afford to do it. They're not doing anything else.
[01:26:15.000 --> 01:26:22.000]  Right. Well, when I got there, they gave me amended complaint right when I walked in the door.
[01:26:22.000 --> 01:26:27.000]  And on the hearing, you can say where the prosecutor...
[01:26:27.000 --> 01:26:33.000]  I don't even know what they were saying because their voices were so low, so I've had to use software to amplify their voices.
[01:26:33.000 --> 01:26:43.000]  But you can hear the judge, not in my earshot, but when I amplified it, say that I asked the prosecutor if he had given...
[01:26:43.000 --> 01:26:46.000]  that she had given me complaints before.
[01:26:46.000 --> 01:26:51.000]  And now he didn't say 24 hours before because that's what the law is, you know, the day before.
[01:26:51.000 --> 01:26:54.000]  But he turns to me, and I didn't know what they were talking about.
[01:26:54.000 --> 01:27:00.000]  He goes, did you get the complaint prior? And I said, I have the complaint, you know.
[01:27:00.000 --> 01:27:04.000]  And so I didn't realize at that point that they were different.
[01:27:04.000 --> 01:27:13.000]  And I did testify on the stand saying that the complaints are different from what they were in pre-trial. They changed.
[01:27:13.000 --> 01:27:19.000]  So I didn't flat out say I'm objecting to these complaints, even though they just gave them to me right before I walked in the door.
[01:27:19.000 --> 01:27:25.000]  And I don't think the judge knew or his mind of stone that they actually did give them to me right when I was walking the door.
[01:27:25.000 --> 01:27:29.000]  I'm not positive. But so, I mean, I have a...
[01:27:29.000 --> 01:27:34.000]  Okay. The response when you're asked about the complaint is, number one,
[01:27:34.000 --> 01:27:47.000]  if they did not send them to you certified mail return receipt requested or hand them to you in open court, what should the answer always be?
[01:27:47.000 --> 01:27:50.000]  Is that object?
[01:27:50.000 --> 01:27:52.000]  They actually didn't hand them to me in open court.
[01:27:52.000 --> 01:27:58.000]  They had an officer give them to me when I was out in the waiting room, before going into the courtroom, you know.
[01:27:58.000 --> 01:27:59.000]  So I'm not sure what the answer was.
[01:27:59.000 --> 01:28:06.000]  No, I'm not talking about the day of the trial. I'm talking about before that.
[01:28:06.000 --> 01:28:11.000]  It should have been sent to me in the mail. I should have received it the day before.
[01:28:11.000 --> 01:28:15.000]  Okay. Stop, stop, stop. Listen to what I'm asking you.
[01:28:15.000 --> 01:28:20.000]  Half of your problem, Jen, is you don't listen to me when I'm telling you something.
[01:28:20.000 --> 01:28:23.000]  So listen to me carefully.
[01:28:23.000 --> 01:28:24.000]  All right.
[01:28:24.000 --> 01:28:34.000]  If a judge asks you if you have been served with the complaints prior to the hearing and they did not serve them to you
[01:28:34.000 --> 01:28:45.000]  certified mail return receipt requested or hand them to you in open court or by actual process server where you had to sign for them,
[01:28:45.000 --> 01:28:51.000]  what is the proper answer to the judge's question?
[01:28:51.000 --> 01:28:53.000]  No, they didn't. No, I didn't.
[01:28:53.000 --> 01:28:55.000]  Bingo.
[01:28:55.000 --> 01:28:56.000]  Okay.
[01:28:56.000 --> 01:29:05.000]  You never, ever let them hand you a complaint the day of the freaking hearing, ever.
[01:29:05.000 --> 01:29:09.000]  Well, I know. I thought they were the same complaints, and I don't know why he was given them.
[01:29:09.000 --> 01:29:11.000]  Same as what?
[01:29:11.000 --> 01:29:13.000]  What?
[01:29:13.000 --> 01:29:18.000]  Same as what? The complaints you're sitting there saying you didn't get?
[01:29:18.000 --> 01:29:24.000]  No, the same complaints that I had a month prior when I was in the free trial hearing.
[01:29:24.000 --> 01:29:26.000]  You're not following me here, are you?
[01:29:26.000 --> 01:29:29.000]  Why, I am following you here. I know what you're saying. I shouldn't.
[01:29:29.000 --> 01:29:38.000]  When did they, how and when did they serve you with those complaints the month prior?
[01:29:38.000 --> 01:29:45.000]  I think I got them on e-mail, and I can't remember what else. I think I got them in the mail, too.
[01:29:45.000 --> 01:29:50.000]  Hang on just a minute. Hang on just a minute. We got another break here. Hang on.
[01:29:50.000 --> 01:30:00.000]  All right. All right, folks. We'll be right back after this break, so y'all hang on.
[01:30:00.000 --> 01:30:06.000]  It seems like everywhere you turn nowadays, someone wants your name, Social Security number, and date of birth.
[01:30:06.000 --> 01:30:09.000]  But you should think twice before giving away your personal data.
[01:30:09.000 --> 01:30:12.000]  I'm Dr. Catherine Albrecht, and I'll say more in just a moment.
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[01:30:42.000 --> 01:30:45.000]  Forms, forms, forms. They're everywhere.
[01:30:45.000 --> 01:30:49.000]  But just because a piece of paper asks for information doesn't mean you have to give it.
[01:30:49.000 --> 01:30:54.000]  I leave blank spaces on forms all the time, or I write N slash A for not applicable,
[01:30:54.000 --> 01:30:56.000]  and usually nobody notices or cares.
[01:30:56.000 --> 01:31:02.000]  I never give my Social Security number or date of birth unless it's absolutely mandatory for employment
[01:31:02.000 --> 01:31:06.000]  or a government requirement, and I won't give my phone number to a company or an organization
[01:31:06.000 --> 01:31:09.000]  unless I actually want them to call me, and that's pretty rare.
[01:31:09.000 --> 01:31:14.000]  To preserve our vanishing privacy, we need to practice saying no to random data requests.
[01:31:14.000 --> 01:31:18.000]  It's like exercising a muscle. It gets easier the more you do it.
[01:31:18.000 --> 01:31:23.000]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:31:23.000 --> 01:31:36.000]  I lost my son, my nephew, my uncle, my son on September 11, 2001.
[01:31:36.000 --> 01:31:40.000]  Most people don't know that a third tower fell on September 11.
[01:31:40.000 --> 01:31:44.000]  World Trade Center 7, a 47-story skyscraper, was not hit by a plane.
[01:31:44.000 --> 01:31:48.000]  Although the official explanation is that fire brought down Building 7,
[01:31:48.000 --> 01:31:52.000]  over 1,200 architects and engineers have looked into the evidence
[01:31:52.000 --> 01:31:54.000]  and believe there is more to the story.
[01:31:54.000 --> 01:31:57.000]  Bring justice to my son, my uncle, my nephew, my son.
[01:31:57.000 --> 01:32:02.000]  Go to buildingwhat.org. Why it fell, why it matters, and what you can do.
[01:32:03.000 --> 01:32:06.000]  Rule of Law Radio is proud to offer the Rule of Law Traffic Center.
[01:32:06.000 --> 01:32:09.000]  In today's America, we live in an us-against-them society,
[01:32:09.000 --> 01:32:11.000]  and if we the people are ever going to have a free society,
[01:32:11.000 --> 01:32:14.000]  then we're going to have to stand and defend our own rights.
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[01:33:35.000 --> 01:33:40.000]  All right, folks, we are back.
[01:33:40.000 --> 01:33:45.000]  This is Rule of Law Radio calling number 512-646-1984.
[01:33:45.000 --> 01:33:47.000]  Got a half an hour left in this show.
[01:33:47.000 --> 01:33:49.000]  All right, let's get back to Jane.
[01:33:49.000 --> 01:33:51.000]  All right, Jane.
[01:33:51.000 --> 01:33:53.000]  What is the law?
[01:33:53.000 --> 01:33:54.000]  You just got sued.
[01:33:54.000 --> 01:33:56.000]  I mean, where does it say that?
[01:33:56.000 --> 01:33:58.000]  That they have to get me certified now?
[01:33:58.000 --> 01:34:01.000]  It doesn't.
[01:34:01.000 --> 01:34:07.000]  It doesn't, but how can they prove notice without doing that?
[01:34:07.000 --> 01:34:12.000]  Because they asked me in court if I had a complaint prior.
[01:34:12.000 --> 01:34:18.000]  What proof do they have to offer into the record that you were properly served?
[01:34:18.000 --> 01:34:19.000]  You're right.
[01:34:19.000 --> 01:34:20.000]  They don't.
[01:34:20.000 --> 01:34:23.000]  Exactly.
[01:34:23.000 --> 01:34:27.000]  So do I put that in the points of error?
[01:34:27.000 --> 01:34:29.000]  I did put that in points of error about the complaint.
[01:34:29.000 --> 01:34:31.000]  No, because you said you got them.
[01:34:31.000 --> 01:34:35.000]  The fact that you did not bother to ask them.
[01:34:35.000 --> 01:34:41.000]  I have had no chance to review these complaints to ensure they haven't been changed or that they're the same,
[01:34:41.000 --> 01:34:44.000]  and I'm just now getting handed copies of them.
[01:34:44.000 --> 01:34:47.000]  So what's the problem here, Judge?
[01:34:47.000 --> 01:34:53.000]  I mean, they're supposed to have these to me no other than one day prior to this proceeding.
[01:34:53.000 --> 01:34:54.000]  Hang on a second.
[01:34:54.000 --> 01:34:56.000]  Is this doing it?
[01:34:56.000 --> 01:35:00.000]  Okay, there we go, and turn it off.
[01:35:00.000 --> 01:35:05.000]  I understand what you're saying, but when I did my testimony at the very end of the trial,
[01:35:05.000 --> 01:35:11.000]  I did say that the complaints I have were different and that they weren't the same that was given to me.
[01:35:11.000 --> 01:35:15.000]  But you let them go ahead on the new complaints.
[01:35:15.000 --> 01:35:19.000]  The moment you let them even get to the point where they could put you on the stand,
[01:35:19.000 --> 01:35:25.000]  they started taking witness testimony, you had accepted what was in the new complaints.
[01:35:25.000 --> 01:35:29.000]  That's the point I'm trying to get you to understand.
[01:35:29.000 --> 01:35:33.000]  The fact that you did not object to the complaints from the get-go
[01:35:33.000 --> 01:35:40.000]  because you were not properly served prior to the proceeding like the law requires,
[01:35:40.000 --> 01:35:46.000]  and that's where the judge was actually trying to give you an out.
[01:35:46.000 --> 01:35:52.000]  He was literally telling you how to beat this, and you didn't listen.
[01:35:52.000 --> 01:35:55.000]  He was.
[01:35:55.000 --> 01:35:56.000]  What do you mean he was telling me?
[01:35:56.000 --> 01:35:59.000]  I didn't even hear what he was saying.
[01:35:59.000 --> 01:36:06.000]  Then why didn't you ask him to repeat himself?
[01:36:06.000 --> 01:36:09.000]  Okay, no, I didn't even know that's what this conversation was about.
[01:36:09.000 --> 01:36:12.000]  I'm telling you that both of them talked like they had socks in their mouths.
[01:36:12.000 --> 01:36:13.000]  I couldn't hardly hear it.
[01:36:13.000 --> 01:36:16.000]  Was this over video or was this in person?
[01:36:16.000 --> 01:36:17.000]  This was in person.
[01:36:17.000 --> 01:36:22.000]  I had my phone, I wasn't supposed to be recording, and they have a recorder.
[01:36:22.000 --> 01:36:23.000]  They don't have a court recorder.
[01:36:23.000 --> 01:36:26.000]  They have a recorder, electronic recorder.
[01:36:26.000 --> 01:36:29.000]  I've asked for the transcript, which they're not going to give to me.
[01:36:29.000 --> 01:36:32.000]  They said that they don't have to.
[01:36:32.000 --> 01:36:34.000]  If I request it, which I'm going to have to do in paper,
[01:36:34.000 --> 01:36:37.000]  since I don't think it worked the other day and I did it on email,
[01:36:37.000 --> 01:36:42.000]  that's how we have been communicated with the court coordinator.
[01:36:42.000 --> 01:36:49.000]  But now, you know, my name is Mud, so anyway, she said that I'm not going to give a copy of the transcript that I had.
[01:36:49.000 --> 01:36:52.000]  They're going to send it to a transcribing company, a third party,
[01:36:52.000 --> 01:37:00.000]  and then that person would contact me to see how much I wanted to pay for their transcriptions.
[01:37:00.000 --> 01:37:06.000]  But I'm not going to do it because I'm not going to pay for it, but if I wanted, I might have to pay for it.
[01:37:06.000 --> 01:37:09.000]  Well, you can't appeal without it.
[01:37:09.000 --> 01:37:16.000]  Well, if this is an actual court of record, you cannot appeal without it.
[01:37:16.000 --> 01:37:19.000]  Then I'm filing my – I noticed the poppers.
[01:37:19.000 --> 01:37:22.000]  I just got this in February.
[01:37:22.000 --> 01:37:27.000]  Well, the poppers isn't going to help you with a third party transcription company.
[01:37:27.000 --> 01:37:31.000]  No, I'm filing – I'm filing it with the court saying that I'm filing –
[01:37:31.000 --> 01:37:33.000]  You're not listening to me.
[01:37:33.000 --> 01:37:39.000]  The court is not doing the transcription because they don't have a court reporter on the payroll.
[01:37:39.000 --> 01:37:45.000]  You have to go out and get it transcribed by a third party court reporter.
[01:37:45.000 --> 01:37:48.000]  And they can charge you whatever they want.
[01:37:48.000 --> 01:37:54.000]  They are not bound by your informal poppers.
[01:37:54.000 --> 01:37:56.000]  Are you sure they're not bound in the rules?
[01:37:56.000 --> 01:38:00.000]  I'm very sure.
[01:38:00.000 --> 01:38:03.000]  I thought I said if you were in this, that they –
[01:38:03.000 --> 01:38:10.000]  No, that's if the court is producing it or if there are fees to be paid to the court.
[01:38:10.000 --> 01:38:13.000]  This is not a fee to be paid to the court.
[01:38:13.000 --> 01:38:16.000]  Oh, no.
[01:38:16.000 --> 01:38:19.000]  Okay.
[01:38:19.000 --> 01:38:22.000]  So do I have to do a motion for an edit trial?
[01:38:22.000 --> 01:38:26.000]  Because so far I've just done an intent to appeal.
[01:38:26.000 --> 01:38:33.000]  In Texas, even though it's not what the law says is required, yes,
[01:38:33.000 --> 01:38:39.000]  in a municipal court you must file a motion for a new trial
[01:38:39.000 --> 01:38:46.000]  or you have not followed the procedure they've set up to make the appeal.
[01:38:46.000 --> 01:38:52.000]  Your appeal will be denied out of hand if you never filed a motion for a new trial.
[01:38:52.000 --> 01:39:01.000]  That's not true in a court of no record, but it is 100% true in a court of record.
[01:39:01.000 --> 01:39:02.000]  Okay.
[01:39:02.000 --> 01:39:07.000]  So I need to scratch the thing where I'm requesting them to give me the recorder.
[01:39:07.000 --> 01:39:09.000]  It's not going to do any good.
[01:39:09.000 --> 01:39:15.000]  You need the court record, the recording, because you have to take that to the transcriptionist.
[01:39:15.000 --> 01:39:19.000]  Now, are they required to let me have a copy of it?
[01:39:19.000 --> 01:39:22.000]  Yes, they are.
[01:39:22.000 --> 01:39:24.000]  Yes, you're entitled to a copy of the recording.
[01:39:24.000 --> 01:39:25.000]  It's a court record.
[01:39:25.000 --> 01:39:27.000]  It's a public court record.
[01:39:27.000 --> 01:39:28.000]  Okay.
[01:39:28.000 --> 01:39:31.000]  Well, they're telling me that, no, we're going to send it to a transcribing.
[01:39:31.000 --> 01:39:33.000]  So is that in the law somewhere?
[01:39:33.000 --> 01:39:34.000]  Okay.
[01:39:34.000 --> 01:39:35.000]  Wait a minute.
[01:39:35.000 --> 01:39:36.000]  Wait a minute.
[01:39:36.000 --> 01:39:38.000]  You're giving me two different indicators here.
[01:39:38.000 --> 01:39:42.000]  Is the court going to pay to have it transcribed and made a part of the record,
[01:39:42.000 --> 01:39:45.000]  or are they just telling you you have to do it?
[01:39:45.000 --> 01:39:46.000]  Which is it?
[01:39:46.000 --> 01:39:47.000]  They're telling me they're going to send it.
[01:39:47.000 --> 01:39:56.000]  They're going to contact transcribing company, and then those people will contact me to get a copy of how much I want to pay for it.
[01:39:56.000 --> 01:40:01.000]  And I asked her, why can't I get a copy of the recording, and she didn't reply.
[01:40:01.000 --> 01:40:11.000]  File a public information request for a copy of it, and file a complaint against the clerk of the court for not giving you a public record when they had it available.
[01:40:11.000 --> 01:40:16.000]  File a complaint with the attorney general's office against that court clerk and that judge.
[01:40:16.000 --> 01:40:17.000]  They still have it.
[01:40:17.000 --> 01:40:20.000]  It's not having been seven days yet.
[01:40:20.000 --> 01:40:22.000]  You're not listening to me.
[01:40:22.000 --> 01:40:24.000]  File the freaking complaint.
[01:40:24.000 --> 01:40:26.000]  It's a public record.
[01:40:26.000 --> 01:40:37.000]  They don't have ten days on a publicly available record unless you're requesting it in writing via a public information request, which for a court record you're not required to do.
[01:40:37.000 --> 01:40:43.000]  You can walk in and inspect them the day they're filed.
[01:40:43.000 --> 01:40:52.000]  So if the case is done, the recording is made, it is now a part of the court record, and you have a right to access it as a public record.
[01:40:52.000 --> 01:40:54.000]  Okay.
[01:40:54.000 --> 01:40:56.000]  All right.
[01:40:56.000 --> 01:41:10.000]  So when I go follow these motions in person and also by email or whatever, I'll ask for the recording and also the video evidence from what my neighbor submitted.
[01:41:10.000 --> 01:41:16.000]  So I was there the other day trying to get that, but I didn't get it because they kept him hauling around.
[01:41:16.000 --> 01:41:18.000]  The court doesn't have it.
[01:41:18.000 --> 01:41:19.000]  The prosecutor has it.
[01:41:19.000 --> 01:41:23.000]  You have to request discovery to get it.
[01:41:23.000 --> 01:41:26.000]  Did you file a motion for discovery?
[01:41:26.000 --> 01:41:27.000]  No.
[01:41:27.000 --> 01:41:29.000]  Why not?
[01:41:29.000 --> 01:41:31.000]  They were going to give me the video the other day.
[01:41:31.000 --> 01:41:33.000]  I just didn't want to wait up.
[01:41:33.000 --> 01:41:36.000]  They're waiting on the release form so I could take the video that she sent.
[01:41:36.000 --> 01:41:40.000]  But the video has been altered, and I objected to that.
[01:41:40.000 --> 01:41:43.000]  And I didn't want them making it part of the record because it was altered.
[01:41:43.000 --> 01:41:49.000]  It wasn't the original video, and they didn't have a timestamp, but they still showed it anyway.
[01:41:49.000 --> 01:41:52.000]  It doesn't matter.
[01:41:52.000 --> 01:41:56.000]  Did anyone testify as to where the video came from?
[01:41:56.000 --> 01:42:03.000]  Yes, the officer did, the investigating officer.
[01:42:03.000 --> 01:42:08.000]  The officer cannot testify to the authenticity of the contents of the video.
[01:42:08.000 --> 01:42:12.000]  Only the person who made the video can do that.
[01:42:12.000 --> 01:42:14.000]  Well, she said it was her video.
[01:42:14.000 --> 01:42:20.000]  Under oath, because she lied a couple and a couple of lies, and I call all of them lies,
[01:42:20.000 --> 01:42:28.000]  but she told the judge under oath that it was the video that she uploaded to the evidence portal,
[01:42:28.000 --> 01:42:30.000]  which you do through email, whatever.
[01:42:30.000 --> 01:42:34.000]  But when I saw the video, because they showed it anyway, I saw that it was altered
[01:42:34.000 --> 01:42:39.000]  because she had the same camera system as what I had back then, or back then she did.
[01:42:39.000 --> 01:42:45.000]  So her video had an IMG on it, and the officer also couldn't tell me the timestamp on it,
[01:42:45.000 --> 01:42:47.000]  or the time or anything.
[01:42:47.000 --> 01:42:50.000]  So I could tell it was altered, and I objected to it.
[01:42:50.000 --> 01:42:55.000]  Did she testify as to when it was made and what it was and all that stuff?
[01:42:55.000 --> 01:43:00.000]  Yes, I could trust you to ask her all those questions.
[01:43:00.000 --> 01:43:04.000]  Okay, then how are you going to refute what it says unless you can refute,
[01:43:04.000 --> 01:43:08.000]  unless you can prove she's lying about the date and time and what it is?
[01:43:08.000 --> 01:43:11.000]  Because I can tell by looking at the video that she...
[01:43:11.000 --> 01:43:14.000]  That's not my question.
[01:43:14.000 --> 01:43:17.000]  What do you mean?
[01:43:17.000 --> 01:43:22.000]  The video doesn't have to have a date and timestamp on it if the person who is making it
[01:43:22.000 --> 01:43:25.000]  is testifying as to when they made it, okay?
[01:43:25.000 --> 01:43:29.000]  That's not a requirement.
[01:43:29.000 --> 01:43:33.000]  So how are you going to argue that the video...
[01:43:33.000 --> 01:43:38.000]  I mean, what are you going to base your argument on that it's invalid because it doesn't have one?
[01:43:38.000 --> 01:43:43.000]  Secondly, you're saying it's edited based upon what evidence?
[01:43:43.000 --> 01:43:48.000]  I can tell them what a video looks like that came from a green camera, you know.
[01:43:48.000 --> 01:43:50.000]  That's not sufficient.
[01:43:50.000 --> 01:43:54.000]  They could be a different model, they could have a different recording chip,
[01:43:54.000 --> 01:43:56.000]  they could have a different lens in the camera,
[01:43:56.000 --> 01:44:00.000]  all of which would affect the look, feel, and quality of the video.
[01:44:00.000 --> 01:44:04.000]  Through advances in technology, our lives have greatly improved,
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[01:46:05.000 --> 01:46:10.000]  So on the day I was born, the nurses all gathered round.
[01:46:10.000 --> 01:46:15.000]  They gazed at a wide window at the joy they had found.
[01:46:15.000 --> 01:46:17.000]  Then the nurse spoke up.
[01:46:17.000 --> 01:46:19.000]  Alright folks, we are back.
[01:46:19.000 --> 01:46:21.000]  This is Rule of Law Radio.
[01:46:21.000 --> 01:46:23.000]  We are now in the last segment of the show.
[01:46:23.000 --> 01:46:25.000]  E.J., I see you call back on the board.
[01:46:25.000 --> 01:46:29.000]  Please hang on, and I will try to get to you before I have to end this show.
[01:46:29.000 --> 01:46:30.000]  So hang on just a moment.
[01:46:30.000 --> 01:46:32.000]  Alright.
[01:46:32.000 --> 01:46:37.000]  Okay, Jane, in the email I sent you, I told you how all these things interact.
[01:46:37.000 --> 01:46:43.000]  You and I are going to need to have an offline conversation because I can't get all this through to you
[01:46:43.000 --> 01:46:45.000]  over the air the way we're doing it now.
[01:46:45.000 --> 01:46:54.000]  One more thing, the chain of custody affidavit, they don't have to have that?
[01:46:54.000 --> 01:47:04.000]  Well, if it was emailed in to the court or to the investigating attorney, what chain of custody would there be?
[01:47:04.000 --> 01:47:16.000]  Well, it says that they came in possession of the physical evidence and they describe it.
[01:47:16.000 --> 01:47:17.000]  Oh, I see what you're saying.
[01:47:17.000 --> 01:47:21.000]  If it goes through the portal, the link that the officer sent her, that's what they do.
[01:47:21.000 --> 01:47:24.000]  They send a link and they send it up to the portal.
[01:47:24.000 --> 01:47:25.000]  Yes.
[01:47:25.000 --> 01:47:27.000]  Okay.
[01:47:27.000 --> 01:47:29.000]  Yeah, it's still not original.
[01:47:29.000 --> 01:47:34.000]  She testified she had the original still, but that's not the one it was.
[01:47:34.000 --> 01:47:35.000]  Okay.
[01:47:35.000 --> 01:47:37.000]  How do you know that?
[01:47:37.000 --> 01:47:42.000]  How do you know that her original is not exactly what was shown in court?
[01:47:42.000 --> 01:47:48.000]  I'm not saying that it still doesn't have the same, it doesn't have the same, but it has been altered.
[01:47:48.000 --> 01:47:51.000]  I just know that because I know what the videos look like.
[01:47:51.000 --> 01:47:53.000]  They come out the same, very same camera that I have.
[01:47:53.000 --> 01:48:02.000]  Her and I had the same ones, and you could see IMD, like it was something was modified from an iPhone.
[01:48:02.000 --> 01:48:04.000]  And that's not what's in, it had like a logo.
[01:48:04.000 --> 01:48:10.000]  Well, now you're talking about getting into the metadata of the video and everything else,
[01:48:10.000 --> 01:48:14.000]  like kind of like what they had to do in the Johnny Depp, Amber Heard trial,
[01:48:14.000 --> 01:48:19.000]  and you don't have the tools necessary to do that, I'm sure,
[01:48:19.000 --> 01:48:24.000]  and you can't testify as to what the authenticity of the video.
[01:48:24.000 --> 01:48:26.000]  There's no way for you to do that.
[01:48:26.000 --> 01:48:34.000]  I can get the video, as soon as I get the video, I'll be able to look at the metadata, but not until then.
[01:48:34.000 --> 01:48:41.000]  So I'll go get that tomorrow, and I'll ask for the record, since they have to, you said they have to give it to me, they're recording, correct?
[01:48:41.000 --> 01:48:49.000]  Yeah, if the trial's been had, and the court file is still in place, which it is because it's a public record,
[01:48:49.000 --> 01:48:53.000]  then that recording is a copy of that public record.
[01:48:53.000 --> 01:48:56.000]  They can't deny you a copy of the recording.
[01:48:56.000 --> 01:49:04.000]  If they do, you need to already have the attorney general's public information hotline number plugged into your phone
[01:49:04.000 --> 01:49:10.000]  so that you can call them standing right there in front of the clerk and file a complaint on that clerk and on that judge
[01:49:10.000 --> 01:49:18.000]  and make damn sure you name the judge, because the judge is directly responsible for those clerks.
[01:49:18.000 --> 01:49:19.000]  Okay, okay.
[01:49:19.000 --> 01:49:23.000]  I know you're trying to get with this, E.J., but I need to talk to you though, because I need to find out what some of these things I do.
[01:49:23.000 --> 01:49:28.000]  Right, so email me tomorrow, and we will set up a Zoom call so we can talk.
[01:49:28.000 --> 01:49:29.000]  Okay, all right.
[01:49:29.000 --> 01:49:30.000]  Thank you.
[01:49:30.000 --> 01:49:31.000]  All right, good-bye.
[01:49:31.000 --> 01:49:32.000]  You're welcome.
[01:49:32.000 --> 01:49:33.000]  Bye-bye.
[01:49:33.000 --> 01:49:34.000]  Thank you.
[01:49:34.000 --> 01:49:35.000]  Yep.
[01:49:35.000 --> 01:49:38.000]  All right, E.J., let's see if we can hear you better now.
[01:49:38.000 --> 01:49:42.000]  Okay, I'm on my other phone.
[01:49:42.000 --> 01:49:43.000]  Can you hear me better?
[01:49:43.000 --> 01:49:44.000]  Okay.
[01:49:44.000 --> 01:49:50.000]  I can as long as you don't go too high.
[01:49:50.000 --> 01:49:51.000]  Okay.
[01:49:51.000 --> 01:49:57.000]  I signed up for your class, so when are your class webinars?
[01:49:57.000 --> 01:50:02.000]  They're Thursday nights from 7 to 9 p.m., and the next class will be August 5th.
[01:50:02.000 --> 01:50:11.000]  I will send out an email sometime this week letting everybody know that classes will start again on the 5th.
[01:50:11.000 --> 01:50:22.000]  Wonderful, because just listening to everyone's things going on, I learned bits and pieces, like arrests.
[01:50:22.000 --> 01:50:32.000]  Like when he stopped me, sorry, the officer, when he stopped me, when I made the right, I did everything right.
[01:50:32.000 --> 01:50:35.000]  You know, I didn't just – he just stopped me.
[01:50:35.000 --> 01:50:36.000]  So that's an arrest.
[01:50:36.000 --> 01:50:38.000]  He arrested me, basically.
[01:50:38.000 --> 01:50:39.000]  Yes.
[01:50:39.000 --> 01:50:44.000]  Wow.
[01:50:44.000 --> 01:51:00.000]  But Eddie, get this, he had given me a ticket for a ride away at the intersection, and then poof, the ticket disappeared.
[01:51:00.000 --> 01:51:09.000]  I never went to a hearing, but he gave me a notice to appear for that ticket.
[01:51:09.000 --> 01:51:14.000]  Well, what do you mean poof, it disappeared? Did you go to the hearing?
[01:51:14.000 --> 01:51:16.000]  No, the hearing just went poof.
[01:51:16.000 --> 01:51:18.000]  It was gone.
[01:51:18.000 --> 01:51:26.000]  There was no hearing for the traffic ticket for the ride away that he allegedly alleged.
[01:51:26.000 --> 01:51:39.000]  So my question for tonight is, is there any way I can get recompense by the faulty false accusations and having –
[01:51:39.000 --> 01:51:49.000]  No, the only thing you can do at the moment, they would have had to have gone further than what they did.
[01:51:49.000 --> 01:51:51.000]  They would have had to have pursued the prosecution.
[01:51:51.000 --> 01:51:57.000]  It would have happened to have gotten dismissed in your favor, et cetera, et cetera, before you'd have any cause of action.
[01:51:57.000 --> 01:52:05.000]  As of right now, any claim you make, they're going to say the officer had probable cause based upon the fact that he issued the citation.
[01:52:05.000 --> 01:52:10.000]  Whether or not they prosecuted you on it is a whole other issue.
[01:52:10.000 --> 01:52:15.000]  But right now, you don't have a cause of action for anything.
[01:52:15.000 --> 01:52:20.000]  Well, they dismissed the case, and then had a second citation.
[01:52:20.000 --> 01:52:27.000]  Well, when you say dismissed the case, you actually got a notice that it was dismissed?
[01:52:27.000 --> 01:52:33.000]  I went to the second hearing, and the DA dismissed it in interest of justice.
[01:52:33.000 --> 01:52:36.000]  Okay, because there was no evidence.
[01:52:36.000 --> 01:52:37.000]  Okay.
[01:52:37.000 --> 01:52:40.000]  Now, that – so you left that part out.
[01:52:40.000 --> 01:52:48.000]  If the charge was dismissed, then you have a claim of malicious prosecution against the officer.
[01:52:48.000 --> 01:52:54.000]  Great. Great. So –
[01:52:54.000 --> 01:52:59.000]  But from the discussion we've had so far, I don't know if you're going to be able to pursue it,
[01:52:59.000 --> 01:53:05.000]  because you would most likely not find an attorney who's willing to go after a cop just for this.
[01:53:05.000 --> 01:53:11.000]  And that means you're going to have to do it yourself, which means you're going to have to get very quickly educated
[01:53:11.000 --> 01:53:15.000]  because you have a very limited amount of time in which to do that.
[01:53:15.000 --> 01:53:20.000]  So you're going to have to learn all the process, all the procedure, all the rules, how to write a complaint
[01:53:20.000 --> 01:53:27.000]  and a civil suit, and then go after the cop and how to follow the court rules when you do it.
[01:53:27.000 --> 01:53:29.000]  Now, I'm not saying you can't.
[01:53:29.000 --> 01:53:36.000]  I'm just trying to paint the picture as it actually appears on canvas, because this is not for the faint of heart,
[01:53:36.000 --> 01:53:40.000]  and it's not for the – pardon the expression – the ignorant.
[01:53:40.000 --> 01:53:49.000]  Ignorant just means people who don't know how this works.
[01:53:49.000 --> 01:53:56.000]  Well, I mean, I have to spend time going to the courthouse filing motions.
[01:53:56.000 --> 01:54:02.000]  Well, that's part of the process. If you sue somebody, you're going to be going to and from the court a lot.
[01:54:02.000 --> 01:54:06.000]  A lot.
[01:54:06.000 --> 01:54:14.000]  Because every time somebody requests a hearing or needs something heard before the court, you've got to show up for it.
[01:54:14.000 --> 01:54:18.000]  Right. Right.
[01:54:18.000 --> 01:54:26.000]  Secondly, can I do a records request, because the only thing that the court gave me was a charging document
[01:54:26.000 --> 01:54:37.000]  saying, on this day, the DA is charging you with this crime, but they didn't actually give me the complaint.
[01:54:37.000 --> 01:54:44.000]  Why would they be charging you with a crime and then dismissing it?
[01:54:44.000 --> 01:54:50.000]  Did you get that the same day you got the case dismissed by the DA?
[01:54:50.000 --> 01:54:55.000]  No. It was the arraignment. I got it copied.
[01:54:55.000 --> 01:55:00.000]  Which was well before that day, right?
[01:55:00.000 --> 01:55:02.000]  Can you say that again? What do you mean?
[01:55:02.000 --> 01:55:06.000]  Which happened well before the day it got dismissed.
[01:55:06.000 --> 01:55:08.000]  Oh, correct. Yes, yes.
[01:55:08.000 --> 01:55:16.000]  Okay. All right. So you got the charging document, and what day did it accuse you of?
[01:55:16.000 --> 01:55:19.000]  The charging document? I mean –
[01:55:19.000 --> 01:55:22.000]  Yeah. What was the offense?
[01:55:22.000 --> 01:55:28.000]  Oh, refusal to show ID to the police officer and dismissing.
[01:55:28.000 --> 01:55:34.000]  That was the only charge? Nothing about the reason he originally pulled you over?
[01:55:34.000 --> 01:55:37.000]  Correct. That was all gone.
[01:55:37.000 --> 01:55:45.000]  Okay. So the prosecutor had to drop the charge because that's a secondary charge.
[01:55:45.000 --> 01:55:51.000]  They can't charge you with failure to ID if there wasn't some other reason for them to have pulled you over
[01:55:51.000 --> 01:55:57.000]  that allowed them to ask for it, which would have been some other criminal conduct.
[01:55:57.000 --> 01:56:01.000]  Since there was no other criminal conduct alleged in the charging instrument,
[01:56:01.000 --> 01:56:08.000]  the DA couldn't prosecute you for failure to ID. That would have been illegal.
[01:56:08.000 --> 01:56:12.000]  That's what I thought. Why would they even consider it?
[01:56:12.000 --> 01:56:19.000]  Because the officer never had the original charge to begin with. That's why the DA dismissed it.
[01:56:19.000 --> 01:56:26.000]  I can't prosecute this. There's no evidence of the accusation you originally say you pulled her over for,
[01:56:26.000 --> 01:56:30.000]  which is, you know, being reckless in the car by almost hitting another car.
[01:56:30.000 --> 01:56:37.000]  Even your dash cam doesn't show that, which, by the way, you should have requested in discovery if you didn't.
[01:56:37.000 --> 01:56:43.000]  Yeah, I didn't do that. It was only two hearings, the arraignment, and then –
[01:56:43.000 --> 01:56:49.000]  It doesn't make any difference. The moment they started the process, you should have filed discovery for his dash cam video.
[01:56:49.000 --> 01:56:51.000]  Got it. Got it.
[01:56:51.000 --> 01:56:59.000]  And in the future, you need to make sure you remember that. And if they're wearing a body cam, you ask for that too.
[01:56:59.000 --> 01:57:05.000]  You know, okay, that's why I'm going to enroll in this course, because I did do a public record request asking –
[01:57:05.000 --> 01:57:10.000]  No, no, no. A public record request is not the same thing as discovery.
[01:57:10.000 --> 01:57:19.000]  You cannot use public record requests to get things that are discoverable during an actual case.
[01:57:19.000 --> 01:57:24.000]  You have to make a request for discovery.
[01:57:24.000 --> 01:57:27.000]  When there's an actual case?
[01:57:27.000 --> 01:57:28.000]  Yes.
[01:57:28.000 --> 01:57:29.000]  When the DA starts me?
[01:57:29.000 --> 01:57:30.000]  Yes.
[01:57:30.000 --> 01:57:31.000]  That's the case.
[01:57:31.000 --> 01:57:32.000]  Okay. Got it.
[01:57:32.000 --> 01:57:33.000]  Yes.
[01:57:33.000 --> 01:57:38.000]  Well, I should have done that. Oh, I don't know why – okay. Well, you know, it's dismissed, but so it's kind of –
[01:57:38.000 --> 01:57:42.000]  It's not that you can't do the public records request. You can.
[01:57:42.000 --> 01:57:52.000]  But when there's an ongoing case and the stuff you're requesting is part of that case, then you have to request it via discovery as a participant in that case.
[01:57:52.000 --> 01:57:57.000]  If you were a third party outside, then you could have gotten it through a record request.
[01:57:57.000 --> 01:58:01.000]  But you, as a party to the case, had to file a motion for discovery.
[01:58:01.000 --> 01:58:04.000]  Oh, okay. Thank you so much, Eddie.
[01:58:04.000 --> 01:58:05.000]  You're welcome.
[01:58:05.000 --> 01:58:09.000]  All right. Well, I'm sorry I wasn't able to get back to you quicker after you call back in.
[01:58:09.000 --> 01:58:12.000]  But if you want, I'll be here next Monday unless something blows up, okay?
[01:58:12.000 --> 01:58:15.000]  So you call back in and we can carry on.
[01:58:15.000 --> 01:58:17.000]  Okay. Thank you. Have a good night.
[01:58:17.000 --> 01:58:18.000]  All right. Thanks for calling.
[01:58:18.000 --> 01:58:21.000]  All right, folks. It's been a pleasure being back here tonight with all of you.
[01:58:21.000 --> 01:58:23.000]  Thanks to all the callers for calling in.
[01:58:23.000 --> 01:58:28.000]  Folks, please go look at the YouTube channel, Tau of Law.
[01:58:28.000 --> 01:58:31.000]  Look at the legal blog if you haven't.
[01:58:31.000 --> 01:58:35.000]  And remember, I'm trying to Patreon this instead of monetize it through YouTube.
[01:58:35.000 --> 01:58:37.000]  So take a look at that as well.
[01:58:37.000 --> 01:58:42.000]  And if you want to donate to me through Patreon and help me support that channel and get this stuff done, I'd greatly appreciate it.
[01:58:42.000 --> 01:58:50.000]  You folks have a great night. Good night and God bless.
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