[00:00:00.000 --> 00:00:05.320]   The Bill of Rights contains the first ten amendments of our Constitution.
[00:00:05.320 --> 00:00:09.320]   They guarantee the specific freedoms Americans should know and protect.
[00:00:09.320 --> 00:00:10.720]   Our liberty depends on it.
[00:00:10.720 --> 00:00:14.720]   I'm Dr. Katherine Albrecht and I'll be right back with an unforgettable way to remember
[00:00:14.720 --> 00:00:16.820]   your First Amendment rights.
[00:00:16.820 --> 00:00:18.400]   Privacy is under attack.
[00:00:18.400 --> 00:00:22.000]   When you give up data about yourself, you'll never get it back again.
[00:00:22.000 --> 00:00:26.800]   And once your privacy is gone, you'll find your freedoms will start to vanish too.
[00:00:26.800 --> 00:00:31.960]   So protect your rights, say no to surveillance, and keep your information to yourself.
[00:00:31.960 --> 00:00:32.960]   Privacy.
[00:00:32.960 --> 00:00:34.560]   It's worth hanging on to.
[00:00:34.560 --> 00:00:38.840]   This public service announcement is brought to you by Startpage.com, the private search
[00:00:38.840 --> 00:00:42.380]   engine alternative to Google, Yahoo, and Bing.
[00:00:42.380 --> 00:00:44.720]   Start over with Startpage.
[00:00:44.720 --> 00:00:46.440]   Spar.
[00:00:46.440 --> 00:00:47.680]   It's what fighters do.
[00:00:47.680 --> 00:00:51.140]   It's also how I remember the five guarantees of the First Amendment.
[00:00:51.140 --> 00:00:54.400]   If you plan to take away my rights, I'm going to spar with you.
[00:00:54.400 --> 00:00:56.400]   S-P-A-R with an extra P.
[00:00:56.400 --> 00:01:02.760]   S for speech, P for press, another P for petition, A for assembly, and R for religion.
[00:01:02.760 --> 00:01:06.880]   Most Americans are familiar with the First Amendment guarantees of free speech, press,
[00:01:06.880 --> 00:01:08.400]   assembly, and religion.
[00:01:08.400 --> 00:01:10.760]   But petition for redress is another matter.
[00:01:10.760 --> 00:01:14.480]   We have the right to petition the government for a redress of grievances.
[00:01:14.480 --> 00:01:18.000]   It means that if we're unhappy with what's going on in our government, we can spell out
[00:01:18.000 --> 00:01:20.600]   the reasons without fear of being thrown into jail.
[00:01:20.600 --> 00:01:22.600]   I'm Dr. Katherine Albrecht.
[00:01:22.600 --> 00:01:25.120]   More news and information at KatherineAlbrecht.com.
[00:01:25.120 --> 00:01:32.600]   Pressure.
[00:01:32.600 --> 00:01:37.240]   We usually associate it with stress and negativity, but sometimes a bit of pressure can be healing.
[00:01:37.240 --> 00:01:41.440]   I'm Dr. Katherine Albrecht, and I'll be back to tell you how conditions like nausea can
[00:01:41.440 --> 00:01:46.440]   be cured using the traditional Chinese therapy known as acupressure.
[00:01:46.440 --> 00:01:48.040]   Privacy is under attack.
[00:01:48.040 --> 00:01:51.640]   When you give up data about yourself, you'll never get it back again.
[00:01:51.640 --> 00:01:56.400]   And once your privacy is gone, you'll find your freedoms will start to vanish, too.
[00:01:56.400 --> 00:01:57.840]   So protect your rights.
[00:01:57.840 --> 00:02:01.480]   Say no to surveillance and keep your information to yourself.
[00:02:01.480 --> 00:02:02.480]   Privacy.
[00:02:02.480 --> 00:02:04.160]   It's worth hanging on to.
[00:02:04.160 --> 00:02:08.440]   This public service announcement is brought to you by StartPage.com, the private search
[00:02:08.440 --> 00:02:11.980]   engine alternative to Google, Yahoo, and Bing.
[00:02:11.980 --> 00:02:16.080]   Start over with StartPage.
[00:02:16.080 --> 00:02:19.960]   Acupressure is an ancient practice that uses finger or hand pressure to cure everything
[00:02:19.960 --> 00:02:22.080]   from headaches to constipation.
[00:02:22.080 --> 00:02:25.480]   The pressure is applied to points known as meridians that are believed to control the
[00:02:25.480 --> 00:02:28.240]   flow of energy in the human body.
[00:02:28.240 --> 00:02:31.920]   Acupressure offers a simple cure for nausea you might try the next time you get a queasy
[00:02:31.920 --> 00:02:34.640]   stomach or a case of motion sickness.
[00:02:34.640 --> 00:02:37.920]   Simply apply moderate pressure to the point known as P6.
[00:02:37.920 --> 00:02:42.440]   You'll find it on the inside of your wrist, about two fingers' width down from your palm.
[00:02:42.440 --> 00:02:47.360]   Placing pressure on the P6 point works on the same principle as those pricey anti-nausea
[00:02:47.360 --> 00:02:50.880]   wristbands, but this relief is free and always on hand.
[00:02:50.880 --> 00:02:53.040]   I'm Dr. Katherine Albrecht.
[00:02:53.040 --> 00:02:55.480]   More news and information at KatherineAlbrecht.com.
[00:02:55.480 --> 00:03:02.480]   This is what happens when you call the cops.
[00:03:02.480 --> 00:03:09.480]   You get your rights violated or you all get shot.
[00:03:09.480 --> 00:03:16.480]   This is what happens when you call the cops.
[00:03:16.480 --> 00:03:23.480]   This is what happens when you call the cops.
[00:03:23.480 --> 00:03:30.480]   This is what happens when you call the cops.
[00:03:30.480 --> 00:03:35.480]   This is what happens when you call the cops.
[00:03:35.480 --> 00:03:38.480]   This is what happens when you call the cops.
[00:03:38.480 --> 00:03:41.480]   This is what happens when you call the cops.
[00:03:41.480 --> 00:03:44.480]   This is what happens when you call the cops.
[00:03:44.480 --> 00:03:47.480]   This is what happens when you call the cops.
[00:03:47.480 --> 00:03:50.480]   This is what happens when you call the cops.
[00:03:50.480 --> 00:03:53.480]   This is what happens when you call the cops.
[00:03:53.480 --> 00:03:56.480]   This is what happens when you call the cops.
[00:03:56.480 --> 00:03:59.480]   This is what happens when you call the cops.
[00:03:59.480 --> 00:04:02.480]   This is what happens when you call the cops.
[00:04:02.480 --> 00:04:05.480]   This is what happens when you call the cops.
[00:04:05.480 --> 00:04:08.480]   This is what happens when you call the cops.
[00:04:08.480 --> 00:04:11.480]   This is what happens when you call the cops.
[00:04:11.480 --> 00:04:14.480]   This is what happens when you call the cops.
[00:04:14.480 --> 00:04:17.480]   This is what happens when you call the cops.
[00:04:17.480 --> 00:04:20.480]   This is what happens when you call the cops.
[00:04:20.480 --> 00:04:23.480]   This is what happens when you call the cops.
[00:04:23.480 --> 00:04:26.480]   This is what happens when you call the cops.
[00:04:26.480 --> 00:04:29.480]   This is what happens when you call the cops.
[00:04:29.480 --> 00:04:32.480]   This is what happens when you call the cops.
[00:04:32.480 --> 00:04:35.480]   This is what happens when you call the cops.
[00:04:35.480 --> 00:04:38.480]   This is what happens when you call the cops.
[00:04:38.480 --> 00:04:41.480]   This is what happens when you call the cops.
[00:04:41.480 --> 00:04:44.480]   This is what happens when you call the cops.
[00:04:44.480 --> 00:04:47.480]   This is what happens when you call the cops.
[00:04:47.480 --> 00:04:50.480]   This is what happens when you call the cops.
[00:04:50.480 --> 00:04:53.480]   This is what happens when you call the cops.
[00:04:53.480 --> 00:04:56.480]   This is what happens when you call the cops.
[00:04:56.480 --> 00:04:59.480]   This is what happens when you call the cops.
[00:04:59.480 --> 00:05:02.480]   This is what happens when you call the cops.
[00:05:02.480 --> 00:05:05.480]   This is what happens when you call the cops.
[00:05:05.480 --> 00:05:08.480]   This is what happens when you call the cops.
[00:05:08.480 --> 00:05:11.480]   This is what happens when you call the cops.
[00:05:11.480 --> 00:05:14.480]   Now, notice this.
[00:05:14.480 --> 00:05:19.480]   When a person accused of an offense has been brought before a magistrate,
[00:05:19.480 --> 00:05:25.480]   that officer shall proceed to examine into the truth of the accusation made,
[00:05:25.480 --> 00:05:31.480]   allowing the accused, however, sufficient time to procure the aid of counsel.
[00:05:31.480 --> 00:05:42.480]   Right there, that is the command to the judiciary that they are to conduct an examining trial in a criminal case.
[00:05:42.480 --> 00:05:50.480]   And it does not make any distinction whatsoever about the kind of criminal case.
[00:05:50.480 --> 00:06:00.480]   Now, the reason that is significant is because that holds true today just as it did in this 1857 version.
[00:06:00.480 --> 00:06:06.480]   The command "shall" is still the way it is worded today.
[00:06:06.480 --> 00:06:15.480]   It creates a legal duty upon a magistrate, upon the presentation of a criminal complaint,
[00:06:15.480 --> 00:06:22.480]   to act upon that criminal complaint by convening an examining trial.
[00:06:22.480 --> 00:06:26.480]   It is not a discretionary duty.
[00:06:26.480 --> 00:06:36.480]   Now, if you look in Chapter 311 of the Government Code, it is defined as "creates a duty."
[00:06:36.480 --> 00:06:45.480]   They have a legal duty to perform the functions commanded by this article.
[00:06:45.480 --> 00:06:50.480]   And they are refusing to do it.
[00:06:50.480 --> 00:06:58.480]   The basis they rely upon for this is a case called Clark v. State.
[00:06:58.480 --> 00:07:06.480]   But when you read Clark v. State, it doesn't say what they're trying to claim that it says,
[00:07:06.480 --> 00:07:14.480]   which is that Clark v. State did away with the requirement of an examining trial in misdemeanor cases.
[00:07:14.480 --> 00:07:16.480]   No, it didn't.
[00:07:16.480 --> 00:07:21.480]   In fact, there's no way that opinion could be constitutionally valid
[00:07:21.480 --> 00:07:27.480]   because it does not comply with the Texas Constitution's due process requirements
[00:07:27.480 --> 00:07:31.480]   or the statutory scheme that is the Code of Criminal Procedure.
[00:07:31.480 --> 00:07:37.480]   In other words, the judiciary in Clark v. State completely ignored and overruled state law
[00:07:37.480 --> 00:07:44.480]   to create a doctrine that is absolutely illegal.
[00:07:44.480 --> 00:07:51.480]   And they have perpetrated that crime all the way through current day.
[00:07:51.480 --> 00:07:56.480]   You cannot read all of the statutes relative to the examining trial
[00:07:56.480 --> 00:08:00.480]   and the requirements before and after that examining trial
[00:08:00.480 --> 00:08:07.480]   and come to any conclusion other than the courts have chosen to act for their own benefit
[00:08:07.480 --> 00:08:12.480]   over the rights of the people to substantive and procedural due process.
[00:08:12.480 --> 00:08:19.480]   Now, their argument is that we do not have a right to an examining trial.
[00:08:19.480 --> 00:08:23.480]   And as Randy likes to say, "So what?"
[00:08:23.480 --> 00:08:28.480]   Who cares that you say I don't have a right to the examining trial?
[00:08:28.480 --> 00:08:32.480]   The examining trial is not about right.
[00:08:32.480 --> 00:08:39.480]   It is about two things, a legal duty that is placed upon the members of the judiciary
[00:08:39.480 --> 00:08:44.480]   and the right to substantive procedural due process.
[00:08:44.480 --> 00:08:48.480]   Now, you can say I don't have a right to the examining trial all day long,
[00:08:48.480 --> 00:08:54.480]   but that doesn't change the fact that you have a legal duty under the Code of Criminal Procedure to perform one.
[00:08:54.480 --> 00:08:59.480]   It also does not change the fact that the requirements of that examining trial
[00:08:59.480 --> 00:09:05.480]   are what goes through the process of investing court or jurisdiction on the trial court
[00:09:05.480 --> 00:09:12.480]   to hear the case beyond the indictment and information.
[00:09:12.480 --> 00:09:18.480]   So when you say I have no right to an examining trial, in straight-up parlance that is true,
[00:09:18.480 --> 00:09:27.480]   but I do have a right to due process, and I do have a right to know where your jurisdiction lies and comes from,
[00:09:27.480 --> 00:09:33.480]   and I do have a right to challenge it at any time if it doesn't exist
[00:09:33.480 --> 00:09:39.480]   or if I can show that your subject matter jurisdiction doesn't exist.
[00:09:39.480 --> 00:09:48.480]   And the fact of the matter is the examining trial goes directly to the issue of subject matter jurisdiction here in the state of Texas.
[00:09:48.480 --> 00:09:52.480]   When you look at Chapter 16 of the existing code today,
[00:09:52.480 --> 00:09:59.480]   it gives you all the process the magistrate is required to go through in convening, holding,
[00:09:59.480 --> 00:10:02.480]   and going through every step of that examining trial.
[00:10:02.480 --> 00:10:08.480]   And then everything he is required to do as a matter of law once that examining trial has been completed.
[00:10:08.480 --> 00:10:16.480]   He is required to sign an order either finding probable cause or finding none.
[00:10:16.480 --> 00:10:23.480]   He is either to release the accused after that finding if there was no finding,
[00:10:23.480 --> 00:10:33.480]   or he is required to place him on bail after issuing a warrant for his arrest if probable cause was found.
[00:10:33.480 --> 00:10:37.480]   Now be aware that here in Texas and anywhere else for that matter,
[00:10:37.480 --> 00:10:44.480]   this examining trial process has to make two probable cause determinations, not simply one.
[00:10:44.480 --> 00:10:51.480]   Subject matter is but one of the jurisdictional issues it has to determine.
[00:10:51.480 --> 00:11:04.480]   The other is whether or not the warrantless arrest of the accused was reasonable and lawful.
[00:11:04.480 --> 00:11:10.480]   It is the presumption of the courts that any arrest, even if it's authorized by statute,
[00:11:10.480 --> 00:11:14.480]   if the arrest is made without a warrant,
[00:11:14.480 --> 00:11:21.480]   then a magistrate is the only person who can make an independent determination
[00:11:21.480 --> 00:11:24.480]   as to whether or not that warrantless arrest was valid.
[00:11:24.480 --> 00:11:30.480]   That is exactly why every single place in our current code of criminal procedure
[00:11:30.480 --> 00:11:34.480]   that describes an officer's ability to make a warrantless arrest,
[00:11:34.480 --> 00:11:45.480]   it also contains a legal duty to take that individual arrested immediately before the nearest available magistrate.
[00:11:45.480 --> 00:11:52.480]   It says that and makes no exception of any kind, no matter what the offense,
[00:11:52.480 --> 00:11:57.480]   no matter what time of day,
[00:11:57.480 --> 00:12:01.480]   it is a requirement the individual be taken before a magistrate
[00:12:01.480 --> 00:12:08.480]   if they were arrested either with or without a warrant here in the state of Texas.
[00:12:08.480 --> 00:12:13.480]   The 1517 proceeding that's in the code of criminal procedure
[00:12:13.480 --> 00:12:19.480]   only exists for those who are arrested with a valid warrant.
[00:12:19.480 --> 00:12:27.480]   That is not the process that is to be used for someone who is arrested without a valid warrant.
[00:12:27.480 --> 00:12:34.480]   The process for those arrested without a valid warrant is found in Chapter 16,
[00:12:34.480 --> 00:12:43.480]   not Chapter 15, and most certainly not Article 15.17.
[00:12:43.480 --> 00:12:50.480]   The process in Chapter 16 is where the probable cause, first and foremost, that must be determined is
[00:12:50.480 --> 00:13:00.480]   was the warrantless seizure and arrest of the accused constitutionally reasonable and legal?
[00:13:00.480 --> 00:13:09.480]   If that was not, the rest of it is moot.
[00:13:09.480 --> 00:13:14.480]   And they don't want to admit that. They want to ignore that.
[00:13:14.480 --> 00:13:19.480]   All to make their job easier.
[00:13:19.480 --> 00:13:34.480]   They want to make due process and actual justice a side effect of the law and the procedure, not its purpose.
[00:13:34.480 --> 00:13:41.480]   If you get justice, well, that just happened accidentally.
[00:13:41.480 --> 00:13:49.480]   Because we were going to hold our procedure and everything about it over your right to justice
[00:13:49.480 --> 00:13:52.480]   and your right to due process.
[00:13:52.480 --> 00:13:55.480]   That's the way they're viewing this.
[00:13:55.480 --> 00:13:59.480]   But they have taken it upon themselves to rewrite the procedure
[00:13:59.480 --> 00:14:08.480]   where they don't have to do the things that the law that constitutes the procedure prescribes.
[00:14:08.480 --> 00:14:13.480]   See, without this examining trial, they get to shortcut everything and take us straight to trial
[00:14:13.480 --> 00:14:17.480]   without ever making a probable cause determination about anything.
[00:14:17.480 --> 00:14:20.480]   Not only about whether or not our warrantless arrest was valid,
[00:14:20.480 --> 00:14:29.480]   but about whether or not we could actually have been held in jail until trial
[00:14:29.480 --> 00:14:36.480]   because there was probable cause to believe we actually committed the offense alleged against us.
[00:14:36.480 --> 00:14:42.480]   The cops do not get to determine whether or not their arrest was valid.
[00:14:42.480 --> 00:14:48.480]   The cops do not get to determine whether or not we should be incarcerated.
[00:14:48.480 --> 00:14:56.480]   Under Texas law, that duty falls solely upon the head of a magistrate.
[00:14:56.480 --> 00:15:04.480]   And the magistrates and the judges are not doing their duty in this state.
[00:15:04.480 --> 00:15:10.480]   Not a one of them at any level.
[00:15:10.480 --> 00:15:15.480]   And so Randy's got his lawsuit making this as one of his major arguments.
[00:15:15.480 --> 00:15:24.480]   The problem is I don't know how he's going to make that work the way he's trying to make it work,
[00:15:24.480 --> 00:15:27.480]   but if he does, great.
[00:15:27.480 --> 00:15:31.480]   What I'm going to do is I'm going to try to get a petition for redress of grievances,
[00:15:31.480 --> 00:15:38.480]   and I'm going to try to get as many signatures attached to that redress as I possibly can.
[00:15:38.480 --> 00:15:46.480]   And I'm going to try to get it where we get to use it in open discussion with the legislature
[00:15:46.480 --> 00:15:51.480]   on the floor of the Texas legislature itself,
[00:15:51.480 --> 00:15:57.480]   where we get to Q&A, answer questions, argue points of law,
[00:15:57.480 --> 00:16:04.480]   and force the entire body of the legislature to pay attention for once.
[00:16:04.480 --> 00:16:08.480]   Now, if Randy's lawsuit works, great.
[00:16:08.480 --> 00:16:14.480]   But if we don't start acting together to make these changes,
[00:16:14.480 --> 00:16:17.480]   this is going to be done more and more,
[00:16:17.480 --> 00:16:22.480]   and we're going to have less and less capability of protecting our rights
[00:16:22.480 --> 00:16:28.480]   and making them comply with law if we allow it to continue.
[00:16:28.480 --> 00:16:35.480]   So, folks, I'm asking you, please, donate, keep us financed, keep us going,
[00:16:35.480 --> 00:16:40.480]   keep us able to do this research, to do this job for your benefit,
[00:16:40.480 --> 00:16:43.480]   not our benefit, but your benefit,
[00:16:43.480 --> 00:16:47.480]   because what we're doing is directly meant to do that.
[00:16:47.480 --> 00:16:52.480]   Y'all hang on, we're going to take a break. We will be right back.
[00:16:52.480 --> 00:16:59.480]   [Music]
[00:17:00.480 --> 00:17:03.480]   Are you looking to have a closer relationship with God
[00:17:03.480 --> 00:17:05.480]   and a better understanding of His Word?
[00:17:05.480 --> 00:17:10.480]   Then tune in to LogosRadioNetwork.com on Wednesdays from 8 to 10 p.m. Central Time
[00:17:10.480 --> 00:17:14.480]   for Scripture Talk, where Nana and her guests discuss the Scriptures
[00:17:14.480 --> 00:17:17.480]   in accord with 2 Timothy 2:15.
[00:17:17.480 --> 00:17:21.480]   Study to show thyself approved unto God, a workman that needeth not to be ashamed,
[00:17:21.480 --> 00:17:24.480]   rightly dividing the word of truth.
[00:17:24.480 --> 00:17:27.480]   Starting in January, our first-hour studies are in the Book of Mark,
[00:17:27.480 --> 00:17:31.480]   where we'll go verse by verse and discuss the true gospel message.
[00:17:31.480 --> 00:17:34.480]   Our second-hour topical studies will vary each week
[00:17:34.480 --> 00:17:38.480]   with discussions on sound doctrine and Christian character development.
[00:17:38.480 --> 00:17:43.480]   We wish to reflect God's light and be a blessing to all those with a hearing ear.
[00:17:43.480 --> 00:17:46.480]   Our goal is to strengthen our faith and to transform ourselves
[00:17:46.480 --> 00:17:49.480]   more into the likeness of our Lord and Savior, Jesus.
[00:17:49.480 --> 00:17:53.480]   So tune in to Scripture Talk live on LogosRadioNetwork.com
[00:17:53.480 --> 00:17:59.480]   Wednesdays from 8 to 10 p.m. to inspire and motivate your studies of the Scriptures.
[00:17:59.480 --> 00:18:05.480]   Are you being harassed by debt collectors with phone calls, letters, or even lawsuits?
[00:18:05.480 --> 00:18:09.480]   Stop debt collectors now with the Michael Miras Proven Method.
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[00:18:19.480 --> 00:18:21.480]   using federal civil rights statutes.
[00:18:21.480 --> 00:18:24.480]   What to do when contacted by phone, mail, or court summons.
[00:18:24.480 --> 00:18:26.480]   How to answer letters and phone calls.
[00:18:26.480 --> 00:18:29.480]   How to get debt collectors out of your credit report.
[00:18:29.480 --> 00:18:34.480]   How to turn the financial tables on them and make them pay you to go away.
[00:18:34.480 --> 00:18:38.480]   The Michael Miras Proven Method is the solution for how to stop debt collectors.
[00:18:38.480 --> 00:18:41.480]   Personal consultation is available as well.
[00:18:41.480 --> 00:18:44.480]   For more information, please visit RuleOfLawRadio.com
[00:18:44.480 --> 00:18:49.480]   and click on the blue Michael Miras banner or email MichaelMiras@yahoo.com.
[00:18:49.480 --> 00:18:57.480]   That's RuleOfLawRadio.com or email M-I-C-H-A-E-L-M-I-R-R-A-S@yahoo.com
[00:18:57.480 --> 00:19:00.480]   to learn how to stop debt collectors now.
[00:19:00.480 --> 00:19:05.480]   You are listening to the Logos Radio Network.
[00:19:05.480 --> 00:19:08.480]   LogosRadioNetwork.com
[00:19:08.480 --> 00:19:16.480]   Yeah, there's a storm on the move, sirens in my head.
[00:19:16.480 --> 00:19:20.480]   Wrapped up inside these soft circuits of debt.
[00:19:20.480 --> 00:19:26.480]   Can I be cold? My whole life spins into a frenzy.
[00:19:26.480 --> 00:19:36.480]   Alright folks, we are back. This is Rule of Law Radio, the call in number 512-646-1984.
[00:19:36.480 --> 00:19:39.480]   If you want to call in and talk, let's do that.
[00:19:39.480 --> 00:19:43.480]   Okay, now as to the Code of Criminal Procedure,
[00:19:43.480 --> 00:19:51.480]   in this old code, all of Chapter 3 appears to be what Chapter 16 is current date.
[00:19:51.480 --> 00:19:55.480]   The statutes have been renumbered, but they say,
[00:19:55.480 --> 00:19:59.480]   there's not as many of them in the original code, by the way, as there is now,
[00:19:59.480 --> 00:20:03.480]   but that's because there's been tons of case law since 1857
[00:20:03.480 --> 00:20:08.480]   more clearly delineating what is required to provide proper due process.
[00:20:08.480 --> 00:20:12.480]   A lot of this in the old code, if you tried this stuff today as a cop,
[00:20:12.480 --> 00:20:16.480]   or a judge, you'd wind up with your butt in prison.
[00:20:16.480 --> 00:20:20.480]   The old code says that in the case of a felony offense,
[00:20:20.480 --> 00:20:24.480]   an officer may break down the door of any home and enter to make an arrest
[00:20:24.480 --> 00:20:29.480]   in the case of a felony once he's stated what his authority to do so is.
[00:20:29.480 --> 00:20:32.480]   Well, they can't do that, and the Supreme Court has said so.
[00:20:32.480 --> 00:20:35.480]   If you go into a private residence felony or not,
[00:20:35.480 --> 00:20:38.480]   and the person that you're trying to arrest,
[00:20:38.480 --> 00:20:42.480]   you don't have any evidence that that person's going to escape,
[00:20:42.480 --> 00:20:46.480]   just simply that they're inside the home, you have to get a warrant.
[00:20:46.480 --> 00:20:50.480]   The only exception to that is hot pursuit.
[00:20:50.480 --> 00:20:54.480]   So you can't just go bust it into someone's house, felony or not,
[00:20:54.480 --> 00:20:58.480]   and make an arrest unless you can either see the act being committed
[00:20:58.480 --> 00:21:02.480]   and it's endangering the life of someone else,
[00:21:02.480 --> 00:21:05.480]   or you are in hot pursuit.
[00:21:05.480 --> 00:21:09.480]   Otherwise, you go get a warrant.
[00:21:09.480 --> 00:21:13.480]   So some of the stuff that's in the old code most definitely has been overruled by now.
[00:21:13.480 --> 00:21:21.480]   But the procedure itself is fairly similar in the old code and the new code,
[00:21:21.480 --> 00:21:27.480]   it's just more fleshed out in the new code with more specific details that are required.
[00:21:27.480 --> 00:21:32.480]   And in each of those instances, the courts in Texas are ignoring the law
[00:21:32.480 --> 00:21:36.480]   to do what they wish instead of what they're supposed to be doing.
[00:21:36.480 --> 00:21:41.480]   Now the problem with this, of course, is that there is law on the books
[00:21:41.480 --> 00:21:46.480]   that specifically says that they have to treat the Code of Criminal Procedure
[00:21:46.480 --> 00:21:50.480]   or any other rules of procedure as if they were enacted law.
[00:21:50.480 --> 00:21:54.480]   And there's case law in Texas that specifically says that.
[00:21:54.480 --> 00:21:59.480]   In fact, let me see if I've got the case here.
[00:21:59.480 --> 00:22:02.480]   I'm not sure if I do or not, but I did have.
[00:22:02.480 --> 00:22:06.480]   I know I was reading it today, so let me see.
[00:22:06.480 --> 00:22:12.480]   Yeah, there we go.
[00:22:12.480 --> 00:22:14.480]   Okay, well I guess this is it.
[00:22:14.480 --> 00:22:18.480]   No, that's not it.
[00:22:18.480 --> 00:22:19.480]   There we go.
[00:22:19.480 --> 00:22:20.480]   All right.
[00:22:20.480 --> 00:22:24.480]   So if we go all the way back up to this document here,
[00:22:24.480 --> 00:22:36.480]   and we look down, the case law that tells us this is as follows.
[00:22:36.480 --> 00:22:41.480]   Procedural rules have the same force and effect as statutes.
[00:22:41.480 --> 00:22:47.480]   They should be interpreted and construed under the rules applicable to legislative enactments.
[00:22:47.480 --> 00:22:59.480]   And that is Reese v. State, 772 Southwest 2nd, 288 at 290, Texas Appellate Court, Waco, 1989.
[00:22:59.480 --> 00:23:01.480]   Okay.
[00:23:01.480 --> 00:23:06.480]   Now, as to whether or not they can shrug off the Code of Criminal Procedure
[00:23:06.480 --> 00:23:13.480]   and the legal duties that exist under it, here's the case law on that.
[00:23:13.480 --> 00:23:21.480]   No one, under any circumstances, should be deprived of any right given him by the laws of this state.
[00:23:21.480 --> 00:23:28.480]   And if any provision of our Code of Criminal Procedure has been overlooked or disregarded,
[00:23:28.480 --> 00:23:36.480]   if in the remotest degree it could have been hurtful or harmful to the person on trial,
[00:23:36.480 --> 00:23:39.480]   the verdict should be set aside.
[00:23:39.480 --> 00:23:45.480]   He has a right to be tried in accordance with the rules and form of law.
[00:23:45.480 --> 00:23:52.480]   And if this sort of trial is not accorded him, he has the right to complain.
[00:23:52.480 --> 00:23:56.480]   And to this complaint, we will always give an attentive ear.
[00:23:56.480 --> 00:24:08.480]   Parker v. State, 745 Southwest 2nd, 934 at 937, Texas Appellate Court, 1st District of Houston, 1988.
[00:24:08.480 --> 00:24:12.480]   So these are not ancient cases, folks.
[00:24:12.480 --> 00:24:20.480]   Right here, the courts have ruled that the Code of Criminal Procedure has to be complied with.
[00:24:20.480 --> 00:24:28.480]   And yet, right now, we have every court in the state of Texas treating it as if it doesn't exist.
[00:24:28.480 --> 00:24:30.480]   Or doesn't mean what it says.
[00:24:30.480 --> 00:24:35.480]   Or says something different other than what's actually printed in it.
[00:24:35.480 --> 00:24:39.480]   Take your pick.
[00:24:39.480 --> 00:24:48.480]   Now, when the courts are citing Clark v. State as their authority to ignore an examining trial process
[00:24:48.480 --> 00:24:56.480]   in a misdemeanor case, they run afoul of a United States Supreme Court ruling, which is Gerstein v. Pew.
[00:24:56.480 --> 00:25:03.480]   Now, the fact is, Clark does not say what they're claiming that it says.
[00:25:03.480 --> 00:25:09.480]   Therefore, if the argument they are making, which is the one they are making,
[00:25:09.480 --> 00:25:16.480]   is that Clark does something it does not say, which is take away a right guaranteed by statute,
[00:25:16.480 --> 00:25:22.480]   which is substantive procedural due process, not the right to an examining trial,
[00:25:22.480 --> 00:25:31.480]   but the right to the substantive due process, which the examining trial under Texas statute is an integrated part of.
[00:25:31.480 --> 00:25:37.480]   It cannot be separated out at any point.
[00:25:37.480 --> 00:25:40.480]   Not even with an indictment.
[00:25:40.480 --> 00:25:50.480]   Because under Texas law as it exists, the grand jury in Texas has no power to determine probable cause.
[00:25:50.480 --> 00:25:54.480]   Not according to our law as it exists.
[00:25:54.480 --> 00:25:58.480]   Now, you can argue historically, like Randy did with me six years ago,
[00:25:58.480 --> 00:26:03.480]   that that's 800 years of case law under the Bagnacarta that says they can.
[00:26:03.480 --> 00:26:06.480]   Well, that may be true.
[00:26:06.480 --> 00:26:11.480]   But the issue here is not what they've had 800 years of being able to do,
[00:26:11.480 --> 00:26:19.480]   it's whether or not the current black letter law on the books in Texas complies with that history.
[00:26:19.480 --> 00:26:22.480]   And it doesn't.
[00:26:22.480 --> 00:26:31.480]   Here in Texas, the rules are that the examining trial, and only the examining trial,
[00:26:31.480 --> 00:26:36.480]   is where probable cause is to be determined.
[00:26:36.480 --> 00:26:39.480]   Once probable cause has been determined there,
[00:26:39.480 --> 00:26:47.480]   the records of the examining trial are taken and sent to the court having proper jurisdiction to try the offense.
[00:26:47.480 --> 00:26:56.480]   And under the Code of Criminal Procedure, that court is then required to hand that packet of information off to the grand jury
[00:26:56.480 --> 00:26:59.480]   for the purposes of getting an indictment.
[00:26:59.480 --> 00:27:04.480]   And again, it doesn't matter what level of offense.
[00:27:04.480 --> 00:27:12.480]   The Texas Constitution prior to the 1876 version contained a requirement in the Bill of Rights under Section 10
[00:27:12.480 --> 00:27:19.480]   that specifically stated no person in the state of Texas can be charged with a crime except upon indictment by a grand jury.
[00:27:19.480 --> 00:27:26.480]   I'm sorry, can be prosecuted for a crime except upon indictment of a grand jury.
[00:27:26.480 --> 00:27:35.480]   Now, the legislature petitioned to have that portion of the Bill of Rights amended to remove that requirement.
[00:27:35.480 --> 00:27:43.480]   But there once again is a constitutional problem with that attempt to remove that protected right.
[00:27:43.480 --> 00:27:47.480]   And that is Article 1, Section 29.
[00:27:47.480 --> 00:27:56.480]   See, the way I read Article 1, Section 29 of our Bill of Rights under our state constitution is very straightforward.
[00:27:56.480 --> 00:27:59.480]   It means exactly what it says.
[00:27:59.480 --> 00:28:09.480]   And that is, in plain language, that once a right has been specifically enumerated within the Bill of Rights,
[00:28:09.480 --> 00:28:14.480]   it is forever removed from the powers of government.
[00:28:14.480 --> 00:28:17.480]   And what is one of the powers of the government?
[00:28:17.480 --> 00:28:22.480]   To offer up amendments to the state constitution.
[00:28:22.480 --> 00:28:30.480]   Now, if the legislature has no power to amend the Bill of Rights and take a right away from me as an individual,
[00:28:30.480 --> 00:28:33.480]   then neither do the people of Texas.
[00:28:33.480 --> 00:28:40.480]   My neighbor cannot vote on what my rights are and what they aren't.
[00:28:40.480 --> 00:28:44.480]   Not once they're guaranteed to me, they can't touch them.
[00:28:44.480 --> 00:28:54.480]   And so where our constitution enshrines that right in writing, it can no longer be amended to remove it.
[00:28:54.480 --> 00:28:58.480]   Now, they can add newly protected rights to it all day long,
[00:28:58.480 --> 00:29:08.480]   because they are not in the Bill of Rights at the time so as to be forever removed from the powers of government.
[00:29:08.480 --> 00:29:12.480]   But once they are, that right cannot be taken away.
[00:29:12.480 --> 00:29:19.480]   It cannot be taken out of the constitution and treated like it never existed.
[00:29:19.480 --> 00:29:25.480]   So not only does the requirement for a grand jury indictment still exist as a constitutionally protected right
[00:29:25.480 --> 00:29:29.480]   under that interpretation of Article 1, Section 29,
[00:29:29.480 --> 00:29:34.480]   but that would still put it in full compliance with the rest of the constitution,
[00:29:34.480 --> 00:29:40.480]   such as Article 5, Sections 12, 17, and 21.
[00:29:40.480 --> 00:29:50.480]   It would also put it in compliance with Chapter 21 of the Code of Criminal Procedure as it exists today.
[00:29:50.480 --> 00:29:56.480]   They have a problem, folks, and we need to understand, know it, and use it to fight back.
[00:29:56.480 --> 00:29:59.480]   Y'all hang on, call at number 512-
[00:29:59.480 --> 00:30:08.480]   Thousands of Florida motorists convicted of DUI may very well have been driving under the blood alcohol limit.
[00:30:08.480 --> 00:30:14.480]   I'm Dr. Katherine Albrecht, and I'll be back with a tale of bad breathalyzers and a government cover-up in a moment.
[00:30:14.480 --> 00:30:20.480]   Privacy is under attack. When you give up data about yourself, you'll never get it back again.
[00:30:20.480 --> 00:30:25.480]   And once your privacy is gone, you'll find your freedoms will start to vanish too.
[00:30:25.480 --> 00:30:30.480]   So protect your rights. Say no to surveillance and keep your information to yourself.
[00:30:30.480 --> 00:30:33.480]   Privacy. It's worth hanging on to.
[00:30:33.480 --> 00:30:40.480]   This public service announcement is brought to you by StartPage.com, the private search engine alternative to Google, Yahoo, and Bing.
[00:30:40.480 --> 00:30:43.480]   Start over with StartPage.
[00:30:43.480 --> 00:30:46.480]   Ever hear the term "fine farming"?
[00:30:46.480 --> 00:30:53.480]   It's when cops fine innocent people to bring in revenue in its apparently big business in the sunshine state of Florida.
[00:30:53.480 --> 00:30:59.480]   This case involves breathalyzers used to convict thousands of Florida motorists for DUI violations.
[00:30:59.480 --> 00:31:03.480]   Recently, reporters discovered that the devices were improperly calibrated.
[00:31:03.480 --> 00:31:07.480]   State officials knew about it for two and a half years but did nothing.
[00:31:07.480 --> 00:31:13.480]   In fact, the head of Florida's breath testing program ordered inspectors not to document the problem.
[00:31:13.480 --> 00:31:21.480]   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.
[00:31:21.480 --> 00:31:26.480]   I'm Dr. Katherine Albrecht. More news and information at KatherineAlbrecht.com.
[00:31:28.480 --> 00:31:35.480]   This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[00:31:35.480 --> 00:31:37.480]   The government says that fire brought it down.
[00:31:37.480 --> 00:31:42.480]   However, 1,500 architects and engineers concluded it was a controlled demolition.
[00:31:42.480 --> 00:31:45.480]   Over 6,000 of my fellow service members have given their lives.
[00:31:45.480 --> 00:31:48.480]   And thousands of my fellow first responders are dying.
[00:31:48.480 --> 00:31:49.480]   I'm not a conspiracy theorist.
[00:31:49.480 --> 00:31:50.480]   I'm a structural engineer.
[00:31:50.480 --> 00:31:52.480]   I'm a New York City correctional officer.
[00:31:52.480 --> 00:31:53.480]   I'm an Air Force pilot.
[00:31:53.480 --> 00:31:54.480]   I'm a father who lost his son.
[00:31:54.480 --> 00:31:57.480]   We're Americans, and we deserve the truth.
[00:31:57.480 --> 00:32:00.480]   Go to RememberBuilding7.org today.
[00:32:00.480 --> 00:32:04.480]   Rule of Law Radio is proud to offer the Rule of Law Traffic Seminar.
[00:32:04.480 --> 00:32:07.480]   In today's America, we live in an us-against-them society.
[00:32:07.480 --> 00:32:12.480]   And if we, the people, are ever going to have a free society, then we're going to have to stand and defend our own rights.
[00:32:12.480 --> 00:32:19.480]   Among those rights are the right to travel freely from place to place, the right to act in our own private capacity, and most importantly, the right to due process of law.
[00:32:19.480 --> 00:32:25.480]   Traffic courts afford us the least expensive opportunity to learn how to enforce and preserve our rights through due process.
[00:32:25.480 --> 00:32:35.480]   Former Sheriff's Deputy Eddie Craig, in conjunction with Rule of Law Radio, has put together the most comprehensive teaching tool available that will help you understand what due process is and how to hold the courts to the rule of law.
[00:32:35.480 --> 00:32:40.480]   You can get your own copy of this invaluable material by going to RuleofLawRadio.com and ordering your copy today.
[00:32:40.480 --> 00:32:45.480]   By ordering now, you'll receive a copy of Eddie's book, "The Texas Transportation Code, The Law Versus The Lie,"
[00:32:45.480 --> 00:32:50.480]   as well as audio of the original 2009 seminar, hundreds of research documents, and other useful resource material.
[00:32:50.480 --> 00:32:54.480]   Learn how to fight for your rights with the help of this material from RuleofLawRadio.com.
[00:32:54.480 --> 00:32:59.480]   Order your copy today, and together we can have the free society we all want and deserve.
[00:32:59.480 --> 00:33:02.480]   [music]
[00:33:02.480 --> 00:33:06.480]   Live free speech radio, LogosRadioNetwork.com
[00:33:06.480 --> 00:33:11.480]   [music]
[00:33:11.480 --> 00:33:25.480]   [music]
[00:33:25.480 --> 00:33:33.480]   Alright folks, we are back. This is Rule of Law Radio, the call in number 512-646-1984.
[00:33:33.480 --> 00:33:42.480]   Before I start taking callers real quick, folks, I try my very best not to ask for donations and things like that any more than I absolutely have to.
[00:33:42.480 --> 00:33:47.480]   I hate hawking on the network to do the work that we do.
[00:33:47.480 --> 00:33:53.480]   But the fact of the matter is, is that without you we can't do it. Without you, I can't do it.
[00:33:53.480 --> 00:34:01.480]   I've had to relocate from Austin to Plano. I'm in a much bigger place, but it's also a much more expensive place.
[00:34:01.480 --> 00:34:05.480]   It's a place I didn't ever plan on getting to, but I didn't have a whole lot of options at this point.
[00:34:05.480 --> 00:34:14.480]   I exhausted every dime I had getting here, and believe me, it's got its issues, but I love it all the same.
[00:34:14.480 --> 00:34:21.480]   My dogs are loving it. They've actually got room to breathe without me stepping on them trying to walk from the bathroom to the other part of the house.
[00:34:21.480 --> 00:34:33.480]   So that said, please, if you are able to make any donations to me or into the network as you're able, please do so.
[00:34:33.480 --> 00:34:39.480]   I am in desperate need here. I've got failing equipment that if I don't get replaced, I'm off the air until I do.
[00:34:39.480 --> 00:34:46.480]   I can't do anything if my computer equipment dies, if I can't get this stuff fixed and changed out.
[00:34:46.480 --> 00:34:53.480]   Because where I was living, they were constantly overheating because the AC didn't work all that well.
[00:34:53.480 --> 00:35:03.480]   I get moved here, the AC would – we've had the AC folks out here four or five different times at the new location because the AC kept going out.
[00:35:03.480 --> 00:35:12.480]   And it would get to 105 degrees inside this house, so I couldn't even run the computer equipment without them burning themselves up.
[00:35:12.480 --> 00:35:18.480]   But through all those years of use, the stress has gotten to them, and they're starting to show their age and wear.
[00:35:18.480 --> 00:35:22.480]   And I really, really, really need your help to fix that.
[00:35:22.480 --> 00:35:27.480]   So if you're able, please consider going to RuleofLawRadio.com.
[00:35:27.480 --> 00:35:35.480]   There is no donation place for me directly on LogosRadioNetwork.com.
[00:35:35.480 --> 00:35:40.480]   There's only the one that exists on RuleofLawRadio.com under donations.
[00:35:40.480 --> 00:35:44.480]   So if you're able, please consider going and doing that.
[00:35:44.480 --> 00:35:47.480]   I could really, really use the help.
[00:35:47.480 --> 00:35:50.480]   All right, that said, let's get into the calls.
[00:35:50.480 --> 00:35:52.480]   First up appears to be Chris in Colorado.
[00:35:52.480 --> 00:35:55.480]   Chris, what can we do for you?
[00:35:55.480 --> 00:35:57.480]   Hey, Eddie. Good to hear you back on the air.
[00:35:57.480 --> 00:35:58.480]   I'll check down and come back.
[00:35:58.480 --> 00:35:59.480]   Well, thank you.
[00:35:59.480 --> 00:36:03.480]   It's been a very hectic first quarter of this year, believe me.
[00:36:03.480 --> 00:36:08.480]   Well, first and second quarter, for that matter.
[00:36:08.480 --> 00:36:11.480]   Well, I got a quick technical thing.
[00:36:11.480 --> 00:36:17.480]   I think I got it how I'm going to plan it, but something stupid happened in my case.
[00:36:17.480 --> 00:36:20.480]   And I filed an amended complaint.
[00:36:20.480 --> 00:36:21.480]   I got it in on the deadline.
[00:36:21.480 --> 00:36:26.480]   I got a notice from the clerk that it was--I got a stamp copy from the court,
[00:36:26.480 --> 00:36:29.480]   but the clerk forgot to put it into the docket.
[00:36:29.480 --> 00:36:34.480]   And I just glazed over it because I got an email with an approval and a stamp,
[00:36:34.480 --> 00:36:36.480]   and so I thought it was in the docket, and it wasn't.
[00:36:36.480 --> 00:36:42.480]   So defense thought that would be a cool game to play to teach a pro se a lesson,
[00:36:42.480 --> 00:36:47.480]   and they answered the wrong complaint, the previous complaint.
[00:36:47.480 --> 00:36:51.480]   So when I got to my status hearing, the judge says we never received it.
[00:36:51.480 --> 00:36:56.480]   He issued discovery, and now we're doing discovery on the wrong complaint.
[00:36:56.480 --> 00:36:58.480]   So I sent them an email.
[00:36:58.480 --> 00:37:01.480]   You have proof that it was filed?
[00:37:01.480 --> 00:37:03.480]   Yeah, it's already been corrected.
[00:37:03.480 --> 00:37:07.480]   The head clerk--I called him last Tuesday, and I said, "What happened?"
[00:37:07.480 --> 00:37:09.480]   He says, "Oh, my God, I'm so sorry.
[00:37:09.480 --> 00:37:10.480]   That's on us."
[00:37:10.480 --> 00:37:13.480]   So he got in touch with the judge, but he corrected it that day.
[00:37:13.480 --> 00:37:17.480]   So he puts it in the docket, and it shows a filing of a month previous,
[00:37:17.480 --> 00:37:20.480]   but it shows that it hit the docket on the 26th.
[00:37:20.480 --> 00:37:24.480]   So I let defense know.
[00:37:24.480 --> 00:37:28.480]   I said, "Look, you guys"--and defense has had a copy since the 22nd of June too
[00:37:28.480 --> 00:37:30.480]   because I gave them a courtesy copy, right?
[00:37:30.480 --> 00:37:31.480]   Right.
[00:37:31.480 --> 00:37:33.480]   So I let them know.
[00:37:33.480 --> 00:37:37.480]   I said, "Look, I understand it was a mistake by the clerk, but it's been corrected.
[00:37:37.480 --> 00:37:44.480]   I will agree to 21-day extension since the day of the correction for you guys to answer it.
[00:37:44.480 --> 00:37:45.480]   Do you intend to answer it?"
[00:37:45.480 --> 00:37:52.480]   And they got back to me, and they basically said, "We want the judge to make us order us to do it."
[00:37:52.480 --> 00:37:56.480]   So that's my question is how do I make the judge order them to do it?
[00:37:56.480 --> 00:38:01.480]   I got a status hearing tomorrow with a magistrate judge.
[00:38:01.480 --> 00:38:04.480]   Well, then you make a motion to the judge to do that,
[00:38:04.480 --> 00:38:10.480]   and you bring up the fact that it was the fault of the court that it was not on the docket.
[00:38:10.480 --> 00:38:13.480]   It was not your fault.
[00:38:13.480 --> 00:38:14.480]   It was filed timely.
[00:38:14.480 --> 00:38:16.480]   It should have been placed on the docket.
[00:38:16.480 --> 00:38:24.480]   You have an admission from the clerk that it was the court that failed to put it on the docket at the proper time,
[00:38:24.480 --> 00:38:25.480]   et cetera, et cetera.
[00:38:25.480 --> 00:38:36.480]   And so you move the court to order the other side to answer the new complaint, the amended complaint as filed.
[00:38:36.480 --> 00:38:44.480]   And then you say, "I am willing to agree to a 21-day extension to allow them to do that."
[00:38:44.480 --> 00:38:50.480]   But I do recommend you take a written motion in there for that purpose.
[00:38:50.480 --> 00:38:51.480]   It doesn't have to be long.
[00:38:51.480 --> 00:39:03.480]   It just needs to say, "I hereby move the court to order defense counsel to answer the amended complaint filed on such and such date
[00:39:03.480 --> 00:39:11.480]   and such and such time that the court itself failed to place on the docket timely."
[00:39:11.480 --> 00:39:13.480]   Okay.
[00:39:13.480 --> 00:39:14.480]   All right.
[00:39:14.480 --> 00:39:17.480]   That all sounds reasonable.
[00:39:17.480 --> 00:39:18.480]   It should be.
[00:39:18.480 --> 00:39:19.480]   I'll tell them.
[00:39:19.480 --> 00:39:21.480]   I'll do that.
[00:39:21.480 --> 00:39:24.480]   I want it to be -- I feel like -- I mean, I'm pro se.
[00:39:24.480 --> 00:39:26.480]   Most of us are pro se that call in here, right?
[00:39:26.480 --> 00:39:28.480]   Yeah.
[00:39:28.480 --> 00:39:34.480]   Now, one thing I would suggest -- I don't mean to interrupt you, but the other thing I suggest is try to see if you can find any case law
[00:39:34.480 --> 00:39:42.480]   that supports the judge having to do this if it's proven that the court itself was the cause of the problem.
[00:39:42.480 --> 00:39:43.480]   Oh, yeah.
[00:39:43.480 --> 00:39:48.480]   I know you've got a very short amount of time to find it, but if you can find it, all it does is strengthen your position.
[00:39:48.480 --> 00:39:54.480]   Well, the main judge sent the case to the magistrate judge.
[00:39:54.480 --> 00:39:58.480]   We're going to settlement conference sometime in September or October, so now it's discovery.
[00:39:58.480 --> 00:40:00.480]   So the question is --
[00:40:00.480 --> 00:40:05.480]   Yeah, but if you're getting discovery on the wrong motion, wrong complaint, that doesn't help you.
[00:40:05.480 --> 00:40:08.480]   No, but we're going to be doing both at the same time.
[00:40:08.480 --> 00:40:14.480]   We're going to be dealing with litigation for the complaints, and we're also going to be doing discovery on stuff that is allowed.
[00:40:14.480 --> 00:40:20.480]   It's a mess, but I'm trying to use it to my advantage because they're a big law firm, right,
[00:40:20.480 --> 00:40:26.480]   and they're trying to slap a pro se, and they actually said to the judge, "Judge, we did receive a copy on the 22nd of an alleged complaint."
[00:40:26.480 --> 00:40:32.480]   They admitted to getting it, but it wasn't on the docket, so we had to answer the first complaint, and the judge --
[00:40:32.480 --> 00:40:35.480]   you know, it's federal court, so the judge kind of said, "Okay, yeah."
[00:40:35.480 --> 00:40:41.480]   But he now knows, his clerk knows, and the clerk hinted it to the other clerk.
[00:40:41.480 --> 00:40:49.480]   His personal clerk hinted to the intake clerk that -- and most of the times in this, he makes an order to make them answer,
[00:40:49.480 --> 00:40:51.480]   since it was the court's mistake.
[00:40:51.480 --> 00:40:55.480]   What I'm trying to do is put a bunch of heat on these guys and slap them back,
[00:40:55.480 --> 00:41:01.480]   so they have -- I'm trying to make it so they only have 21 days since the correction,
[00:41:01.480 --> 00:41:03.480]   and I don't want 21 days from tomorrow.
[00:41:03.480 --> 00:41:07.480]   I want 21 days from the correction, which was a week ago, so they have 14 days now,
[00:41:07.480 --> 00:41:09.480]   because they've had that complaint --
[00:41:09.480 --> 00:41:12.480]   Well, then write your motion up that way.
[00:41:12.480 --> 00:41:14.480]   Okay.
[00:41:14.480 --> 00:41:16.480]   Okay.
[00:41:16.480 --> 00:41:19.480]   They were given timely notice.
[00:41:19.480 --> 00:41:21.480]   They knew that it had been filed.
[00:41:21.480 --> 00:41:25.480]   They don't get to play games like the court itself.
[00:41:25.480 --> 00:41:34.480]   Now, if the court had ordered that they would not accept the amended complaint, that would be a different story.
[00:41:34.480 --> 00:41:37.480]   No, the court gave me 30 days to put that amended complaint in.
[00:41:37.480 --> 00:41:39.480]   No, I know. That's what I'm saying.
[00:41:39.480 --> 00:41:46.480]   But the only way they could justify not answering it was if the court had ordered -- issued an order saying,
[00:41:46.480 --> 00:41:50.480]   "This complaint will not be heard. It will not be changed."
[00:41:50.480 --> 00:41:53.480]   That's the only way they could get away with doing that.
[00:41:53.480 --> 00:42:01.480]   They knew damn good and well that you had filed it and that the judge had ordered the time for you to file it.
[00:42:01.480 --> 00:42:07.480]   So for them to say they don't want to answer it because it's not on the docket,
[00:42:07.480 --> 00:42:14.480]   does the clock requiring an answer to the complaint start when it hits the docket or when it's filed?
[00:42:14.480 --> 00:42:16.480]   Good point.
[00:42:16.480 --> 00:42:17.480]   [laughs]
[00:42:17.480 --> 00:42:19.480]   Very good point.
[00:42:19.480 --> 00:42:21.480]   It starts from when it's filed.
[00:42:21.480 --> 00:42:22.480]   Yes, it does.
[00:42:22.480 --> 00:42:25.480]   [inaudible]
[00:42:25.480 --> 00:42:32.480]   So you want to play games with them? Stick them with the original timeline.
[00:42:32.480 --> 00:42:39.480]   Their game just backed them into a short order corner.
[00:42:39.480 --> 00:42:41.480]   I'm going to bring that up to the magistrate tomorrow.
[00:42:41.480 --> 00:42:44.480]   They're trying to hide behind the magistrate and the judge and the docket.
[00:42:44.480 --> 00:42:47.480]   I'm going to bring it up that this is a game.
[00:42:47.480 --> 00:42:58.480]   They're trying to hide their requirement to answer in a timely manner behind the court's failure to docket the motion.
[00:42:58.480 --> 00:43:09.480]   In which case, I don't see how the court could allow them to get away with that because it makes the court look partial to the defense.
[00:43:09.480 --> 00:43:11.480]   It could, yeah.
[00:43:11.480 --> 00:43:13.480]   And once, well now they know, so we'll see what they do.
[00:43:13.480 --> 00:43:15.480]   But I'm sure they're going to make an order for them to answer.
[00:43:15.480 --> 00:43:18.480]   I want them to have very little time.
[00:43:18.480 --> 00:43:24.480]   Well, like I said, if the rules of procedure are they have to answer from the date of filing,
[00:43:24.480 --> 00:43:32.480]   they have X days from the date it's filed, not docketed, then you've got all the legal legs to stand on you need.
[00:43:32.480 --> 00:43:41.480]   All you've got to do is cite the rule of procedure that states when an answer has to be filed and according to what date, starting date.
[00:43:41.480 --> 00:43:44.480]   Okay.
[00:43:44.480 --> 00:43:45.480]   I'd have to look that up.
[00:43:45.480 --> 00:43:46.480]   It's all right.
[00:43:46.480 --> 00:43:53.480]   I won't be prepared for that tomorrow, but I can get that later on when needed.
[00:43:53.480 --> 00:43:54.480]   All right, man.
[00:43:54.480 --> 00:43:57.480]   Well, I've got to take a break, so hang on and we'll wrap it up on the other side, okay?
[00:43:57.480 --> 00:43:58.480]   Okay.
[00:43:58.480 --> 00:43:59.480]   Okay.
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[00:46:01.480 --> 00:46:19.480]   [music]
[00:46:19.480 --> 00:46:21.480]   All right, folks, we are back.
[00:46:21.480 --> 00:46:23.480]   This is Rule of Law Radio.
[00:46:23.480 --> 00:46:28.480]   We call it number 512-646-1984.
[00:46:28.480 --> 00:46:30.480]   And as soon as this gets where I want it here.
[00:46:30.480 --> 00:46:31.480]   All right, there we go.
[00:46:31.480 --> 00:46:33.480]   So we're going to finish up with Chris in Colorado.
[00:46:33.480 --> 00:46:35.480]   All right, Chris, go ahead.
[00:46:35.480 --> 00:46:40.480]   So just a, I don't know, just an inside view.
[00:46:40.480 --> 00:46:46.480]   So my second complaint, he had a lot of technical stuff, judged throughout some of it, kept some of it,
[00:46:46.480 --> 00:46:50.480]   but he wanted some super clarification on fraud claims.
[00:46:50.480 --> 00:46:54.480]   My third one was pretty damning, actually.
[00:46:54.480 --> 00:46:55.480]   It definitely touched upon it.
[00:46:55.480 --> 00:46:58.480]   It had evidence of the fraud for exhibits.
[00:46:58.480 --> 00:47:01.480]   It had evidence of the conspiracy and the aiding and betting.
[00:47:01.480 --> 00:47:06.480]   It's got a lot of receipts and everything in there, so it's pretty damn clear what happened.
[00:47:06.480 --> 00:47:08.480]   I'm just speculating.
[00:47:08.480 --> 00:47:11.480]   Maybe this is just a standard move they make when somebody's making a mistake,
[00:47:11.480 --> 00:47:16.480]   but I'm wondering if they really don't want to answer this third complaint because they know that's it.
[00:47:16.480 --> 00:47:18.480]   That hooks them all in.
[00:47:18.480 --> 00:47:19.480]   Well, they may.
[00:47:19.480 --> 00:47:21.480]   That may be the game they're playing.
[00:47:21.480 --> 00:47:24.480]   They may have something else up their sleeve.
[00:47:24.480 --> 00:47:28.480]   But your job in this is to put them in a tank top.
[00:47:28.480 --> 00:47:33.480]   That way they can't have anything up their sleeve.
[00:47:33.480 --> 00:47:34.480]   Yeah, I'm trying.
[00:47:34.480 --> 00:47:38.480]   I mean, again, I'm pro se against the whole damn law firm, but it's when you got to--
[00:47:38.480 --> 00:47:45.480]   Believe me, that's not as big a problem as it sounds like.
[00:47:45.480 --> 00:47:47.480]   You're probably right.
[00:47:47.480 --> 00:47:51.480]   So what do you think about me doing a--
[00:47:51.480 --> 00:47:57.480]   Randy's real big on doing bar grievances,
[00:47:57.480 --> 00:48:04.480]   and I'm wondering if this constitutes bar grievance because what they're doing is they're basically doing excessive work
[00:48:04.480 --> 00:48:07.480]   to bill their client more money.
[00:48:07.480 --> 00:48:12.480]   Well, you can complain to them for professional misconduct.
[00:48:12.480 --> 00:48:13.480]   Okay.
[00:48:13.480 --> 00:48:19.480]   It's their duty to their client to comply with the law in a timely manner to protect the interest of their client,
[00:48:19.480 --> 00:48:26.480]   and their money is their interest, no doubt about it.
[00:48:26.480 --> 00:48:27.480]   Okay.
[00:48:27.480 --> 00:48:35.480]   So, yeah, I would agree they're doing this to collect more fees from their client, but--
[00:48:35.480 --> 00:48:36.480]   I think that's worthy of a complaint.
[00:48:36.480 --> 00:48:38.480]   I think that would be another slap against--
[00:48:38.480 --> 00:48:41.480]   Yeah, you might even want to notify their client.
[00:48:41.480 --> 00:48:44.480]   I mean, I guess you can't talk directly to their client,
[00:48:44.480 --> 00:48:51.480]   but it would be something if somehow or other the client found out that their attorneys were doing things
[00:48:51.480 --> 00:48:57.480]   so that they could bill them more money that they shouldn't have been doing in the first place.
[00:48:57.480 --> 00:49:03.480]   But don't ruin your chances by contacting their client directly.
[00:49:03.480 --> 00:49:05.480]   Don't do that.
[00:49:05.480 --> 00:49:06.480]   Okay.
[00:49:06.480 --> 00:49:07.480]   Don't contact them at all.
[00:49:07.480 --> 00:49:14.480]   Just do what you got to do as far as the attorneys themselves go and stick with that.
[00:49:14.480 --> 00:49:22.480]   If you want--the client's the one that's going to wind up paying for this either way.
[00:49:22.480 --> 00:49:24.480]   If you win, anyhow.
[00:49:24.480 --> 00:49:27.480]   Well, there's a way to probably let them know that, but I'm wondering,
[00:49:27.480 --> 00:49:35.480]   have you seen Barg Revenson back a lawyer up enough where they start to behave a little differently?
[00:49:35.480 --> 00:49:40.480]   Well, since what is determined about a bar grievance is kept secret,
[00:49:40.480 --> 00:49:46.480]   we have no idea of knowing what backs an attorney up or not.
[00:49:46.480 --> 00:49:55.480]   The only way you could know for sure whether something's changed is if their insurance company told you.
[00:49:55.480 --> 00:50:03.480]   But since the results of a bar--the filing of a bar grievance are kept secret by the state bar associations,
[00:50:03.480 --> 00:50:08.480]   you won't know what effect your bar grievance has actually had.
[00:50:08.480 --> 00:50:09.480]   Okay.
[00:50:09.480 --> 00:50:10.480]   Well, I've heard both sides.
[00:50:10.480 --> 00:50:16.480]   I've heard it doesn't faze them, and I've heard whole law firms quit because of enough bar grievances.
[00:50:16.480 --> 00:50:19.480]   And that's possibly true, okay?
[00:50:19.480 --> 00:50:23.480]   But the only one that can tell you that for sure is one of the lawyers.
[00:50:23.480 --> 00:50:27.480]   They're the only one who can tell you, "Oh, yeah, you put me on my heels with that.
[00:50:27.480 --> 00:50:29.480]   I had to change the way I was doing things."
[00:50:29.480 --> 00:50:34.480]   They're the only one that can tell you that and be trustworthy in saying it.
[00:50:34.480 --> 00:50:35.480]   Okay.
[00:50:35.480 --> 00:50:45.480]   Because they're the only ones that would have any information as to what happened to them, if anything.
[00:50:45.480 --> 00:50:52.480]   I've heard somebody said file for default, but I think it's a little premature to file for default on the defense because--
[00:50:52.480 --> 00:50:59.480]   You're not going to get a default until they fail to answer timely and are past the time to answer.
[00:50:59.480 --> 00:51:07.480]   Now, remember, however, if they fail to address every single point, then that point is conceded in your favor.
[00:51:07.480 --> 00:51:13.480]   And you can ask for a default judgment on anything they do not answer.
[00:51:13.480 --> 00:51:15.480]   Okay.
[00:51:15.480 --> 00:51:21.480]   So as soon as the judge says, "Okay, here's your deadline to get to address the correct complaint,"
[00:51:21.480 --> 00:51:25.480]   then hopefully I can get that shortened because they've had possession of it for quite a while now.
[00:51:25.480 --> 00:51:28.480]   And then if they miss anything, then we go default.
[00:51:28.480 --> 00:51:32.480]   If they don't miss anything, we just move forward with the new complaint.
[00:51:32.480 --> 00:51:33.480]   Correct.
[00:51:33.480 --> 00:51:35.480]   Okay.
[00:51:35.480 --> 00:51:37.480]   All right.
[00:51:37.480 --> 00:51:44.480]   If the point that they fail to address isn't a full claim, it's only a part of a claim,
[00:51:44.480 --> 00:51:52.480]   you will probably be able to get default on that, but if that claim is integral to the getting of another,
[00:51:52.480 --> 00:51:56.480]   you won't be able to get a default on it until the other one's settled.
[00:51:56.480 --> 00:51:59.480]   So just keep that in mind.
[00:51:59.480 --> 00:52:00.480]   Okay.
[00:52:00.480 --> 00:52:04.480]   This is why you're supposed to have your causes of action blocked out.
[00:52:04.480 --> 00:52:09.480]   If they fail to respond to a pertinent point of each of a specific cause of action,
[00:52:09.480 --> 00:52:16.480]   then you have gotten a default on that entire cause of action.
[00:52:16.480 --> 00:52:20.480]   But if your causes of action are dependent upon one another,
[00:52:20.480 --> 00:52:27.480]   then you've locked it in where you can't get anything unless they all go where they're supposed to.
[00:52:27.480 --> 00:52:30.480]   I see. Yeah.
[00:52:30.480 --> 00:52:36.480]   Now, fraud and aiding and abetting, those are combined, but the rest of them are pretty separate.
[00:52:36.480 --> 00:52:38.480]   Yeah, but how many counts of fraud?
[00:52:38.480 --> 00:52:40.480]   What types of fraud?
[00:52:40.480 --> 00:52:42.480]   Well, I've got two we're going for.
[00:52:42.480 --> 00:52:44.480]   Okay, so you've got two counts of fraud.
[00:52:44.480 --> 00:52:47.480]   So if you can show that those two counts of fraud are independent
[00:52:47.480 --> 00:52:51.480]   and you wrote them as being independent and not interlocked,
[00:52:51.480 --> 00:52:58.480]   then they don't answer one of them, then you can get a default on that one.
[00:52:58.480 --> 00:53:00.480]   Okay.
[00:53:00.480 --> 00:53:02.480]   Yeah, they're not really -- they're definitely separate.
[00:53:02.480 --> 00:53:09.480]   They're common law fraud and consumer fraud.
[00:53:09.480 --> 00:53:13.480]   All right. I guess that's it.
[00:53:13.480 --> 00:53:15.480]   Good to hear you back, man.
[00:53:15.480 --> 00:53:16.480]   Good luck with everything.
[00:53:16.480 --> 00:53:17.480]   Thanks. Appreciate it.
[00:53:17.480 --> 00:53:18.480]   Glad to be here.
[00:53:18.480 --> 00:53:19.480]   Yeah. Cool.
[00:53:19.480 --> 00:53:20.480]   Thank you, Eddie.
[00:53:20.480 --> 00:53:21.480]   Well, good luck with it, man.
[00:53:21.480 --> 00:53:23.480]   I appreciate it. Thanks.
[00:53:23.480 --> 00:53:25.480]   Yep.
[00:53:25.480 --> 00:53:28.480]   All right. Next caller up is Jesse in California.
[00:53:28.480 --> 00:53:32.480]   Jesse, what can we do for you?
[00:53:32.480 --> 00:53:34.480]   Hey, Eddie, how are you?
[00:53:34.480 --> 00:53:37.480]   I'm good so far.
[00:53:37.480 --> 00:53:38.480]   Good to hear.
[00:53:38.480 --> 00:53:44.480]   So I have procrastinated for four years, and I have a whole bunch of lawsuits backed up.
[00:53:44.480 --> 00:53:46.480]   Okay, wait, wait, wait. Back up.
[00:53:46.480 --> 00:53:48.480]   You were what for four years?
[00:53:48.480 --> 00:53:50.480]   Procrastinating.
[00:53:50.480 --> 00:53:52.480]   Oh, okay. You were procrastinating.
[00:53:52.480 --> 00:53:55.480]   Yeah.
[00:53:55.480 --> 00:53:56.480]   Okay.
[00:53:56.480 --> 00:54:02.480]   So I just started -- I just did my information request, and I was just curious if --
[00:54:02.480 --> 00:54:06.480]   because I know you get California callers -- if anybody's changed their subject matter --
[00:54:06.480 --> 00:54:11.480]   their challenging subject matter jurisdiction into the California law yet.
[00:54:11.480 --> 00:54:14.480]   If they have, they haven't told me about it.
[00:54:14.480 --> 00:54:16.480]   Okay, yeah.
[00:54:16.480 --> 00:54:22.480]   Yeah, that's the only thing I have about people all over the states using my material in their cases.
[00:54:22.480 --> 00:54:29.480]   If they don't tell me how they've adapted it to their state, then I have no idea.
[00:54:29.480 --> 00:54:35.480]   If they don't tell it to me and send me a copy of it so that I can integrate it into the seminar
[00:54:35.480 --> 00:54:42.480]   so that now we've got material for each state as it goes by over time, then I have no idea.
[00:54:42.480 --> 00:54:43.480]   For sure.
[00:54:43.480 --> 00:54:48.480]   And what is your seminar? Is that the law class, the Tile of Law?
[00:54:48.480 --> 00:54:53.480]   No, the Tile of Law is an actual weekly class that we do online.
[00:54:53.480 --> 00:54:55.480]   We do it over Zoom.
[00:54:55.480 --> 00:54:58.480]   Used to, it was a live class down at Brave New Books in Austin.
[00:54:58.480 --> 00:55:06.480]   The seminar is actually a book and a whole bunch of legal document templates.
[00:55:06.480 --> 00:55:12.480]   But now everything in the book and the templates is specific to Texas law,
[00:55:12.480 --> 00:55:20.480]   but it's really good reading and research information so that you can adapt them to your state
[00:55:20.480 --> 00:55:25.480]   far more easily than you could trying to learn it from scratch and doing the research on your own.
[00:55:25.480 --> 00:55:29.480]   That's its benefit at the moment in other states.
[00:55:29.480 --> 00:55:30.480]   For sure.
[00:55:30.480 --> 00:55:34.480]   Is that the only seminar that's on the Law of Law website right now?
[00:55:34.480 --> 00:55:36.480]   It is. That's the original version.
[00:55:36.480 --> 00:55:39.480]   However, I have been working diligently on a new version,
[00:55:39.480 --> 00:55:44.480]   which I'm hoping to have out before the end of the year, but I can't guarantee that.
[00:55:44.480 --> 00:55:48.480]   The way things keep going for me, I'll get to work on it for a couple of weeks,
[00:55:48.480 --> 00:55:53.480]   and then suddenly I'm off of it for two months because of something else that's going on.
[00:55:53.480 --> 00:55:54.480]   I know.
[00:55:54.480 --> 00:55:57.480]   So I can't guarantee it one way or the other, but I'm trying.
[00:55:57.480 --> 00:56:03.480]   It doesn't help that I'm one guy trying to do the work of 15 people and getting it written and put together.
[00:56:03.480 --> 00:56:04.480]   I hear that.
[00:56:04.480 --> 00:56:08.480]   Well, that's another thing I want to talk to you about, which I would like to start doing,
[00:56:08.480 --> 00:56:11.480]   trying to inspire people to get more motivated out here in California.
[00:56:11.480 --> 00:56:15.480]   The way I've talked to people out here, we're all tired of the corruption,
[00:56:15.480 --> 00:56:18.480]   and people need to know more about what these corrupt cops are doing.
[00:56:18.480 --> 00:56:24.480]   Just from what I've experienced in the last four years, it's mind-boggling how corrupt these cops are.
[00:56:24.480 --> 00:56:31.480]   Yeah, I've started a YouTube channel that I'm going to be putting info videos up on.
[00:56:31.480 --> 00:56:35.480]   They'll be short ones. They won't go into as much detail as I do even here on the radio show,
[00:56:35.480 --> 00:56:41.480]   but they'll be 15- to 30-minute videos that go into at least things I can cover in that amount of time
[00:56:41.480 --> 00:56:46.480]   or at least give you a good enough taste of to understand and want to know more.
[00:56:46.480 --> 00:56:53.480]   And then the goal there is to get people to come to the class and to also get the seminar material to learn from.
[00:56:53.480 --> 00:57:01.480]   But it's Tao of Law, T-A-O-O-F-L-A-W, three separate words, on YouTube.
[00:57:01.480 --> 00:57:10.480]   And right now I've only got the video up there that shows you what the new class format video is going to look like.
[00:57:10.480 --> 00:57:14.480]   So you can look at that and see whether or not you want to actually participate in the online class,
[00:57:14.480 --> 00:57:16.480]   which you do by subscription.
[00:57:16.480 --> 00:57:20.480]   For sure. And that's $80 a month or whatever, right?
[00:57:20.480 --> 00:57:23.480]   Yes. If you pay for it monthly, it's $80 a month.
[00:57:23.480 --> 00:57:27.480]   If you do six months and pay for the six up front, there's a 10% discount.
[00:57:27.480 --> 00:57:31.480]   And if you pay for a year in advance, there's a 15% discount.
[00:57:31.480 --> 00:57:34.480]   For sure. And is that the best way to donate?
[00:57:34.480 --> 00:57:38.480]   I mean, other than just straight up donating, Tao, is that the best way to donate?
[00:57:38.480 --> 00:57:45.480]   Well, I mean, it is if you actually want to be able to talk with me directly during class
[00:57:45.480 --> 00:57:48.480]   and ask questions and look at information.
[00:57:48.480 --> 00:57:52.480]   If you want that hands-on with me, then yes, it's most assuredly the best option.
[00:57:52.480 --> 00:57:57.480]   Yes, I want that. And like I said, I want to start getting in class so if I start making money teaching people,
[00:57:57.480 --> 00:58:02.480]   then I can just forward that money right over to you so you can get your computer and all that stuff.
[00:58:02.480 --> 00:58:06.480]   Because I know I procrastinated for four years, but I was seriously motivated.
[00:58:06.480 --> 00:58:11.480]   Like this one ticket I got, I was literally, I just had the day off and I was following a police officer.
[00:58:11.480 --> 00:58:18.480]   And she entrapped me by committing and using her emergency light in an inappropriate way to commit a U-turn.
[00:58:18.480 --> 00:58:24.480]   And I was following behind her, but she was watching me do it, and then she then pulled me over and detained me for it.
[00:58:24.480 --> 00:58:27.480]   And it's just like, really?
[00:58:27.480 --> 00:58:30.480]   Well, hang on just a second, Jesse, unless you're done.
[00:58:30.480 --> 00:58:33.480]   I've got to take a break, but I'll pick you up on the other side if you're still here, okay?
[00:58:33.480 --> 00:58:35.480]   All right, I'll be here.
[00:58:35.480 --> 00:58:36.480]   All right, thanks.
[00:58:36.480 --> 00:58:40.480]   All right, folks, 512-646-1984 is the call-in number.
[00:58:40.480 --> 00:58:42.480]   Give us a call. Let's talk.
[00:58:42.480 --> 00:58:46.480]   I got, oh, what? I got an hour left in this show, so I got plenty of time to talk to you all.
[00:58:46.480 --> 00:58:49.480]   Get in line and let's do it.
[00:58:49.480 --> 00:58:53.480]   The Bible remains the most popular book in the world,
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[00:59:47.480 --> 00:59:50.480]   That's freestudybible.com.
[00:59:50.480 --> 00:59:53.480]   You are listening to the Logos Radio Network.
[00:59:53.480 --> 00:59:56.480]   Logosradionetwork.com.
[01:00:00.480 --> 01:00:04.480]   The Bill of Rights contains the first ten amendments of our Constitution.
[01:00:04.480 --> 01:00:07.480]   They guarantee the specific freedoms Americans should know and protect.
[01:00:07.480 --> 01:00:09.480]   Our liberty depends on it.
[01:00:09.480 --> 01:00:12.480]   I'm Dr. Kathryn Albrecht, and I'll be right back with an unforgettable way
[01:00:12.480 --> 01:00:15.480]   to remember one of your constitutional rights.
[01:00:15.480 --> 01:00:17.480]   Privacy is under attack.
[01:00:17.480 --> 01:00:21.480]   When you give up data about yourself, you'll never get it back again.
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[01:00:26.480 --> 01:00:31.480]   So protect your rights, say no to surveillance, and keep your information to yourself.
[01:00:31.480 --> 01:00:34.480]   Privacy. It's worth hanging on to.
[01:00:34.480 --> 01:00:37.480]   This public service announcement is brought to you by StartPage.com,
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[01:00:44.480 --> 01:00:49.480]   When I think of the Second Amendment, I visualize myself wrapping my two arms
[01:00:49.480 --> 01:00:51.480]   around the Bill of Rights in a big old bear hug.
[01:00:51.480 --> 01:00:55.480]   It's how I remember that the Second Amendment guarantees us the right to bear arms.
[01:00:55.480 --> 01:00:59.480]   Arms that embrace our freedoms and won't let anyone take them away without a fight.
[01:00:59.480 --> 01:01:03.480]   Get it? Two arms, bear hug, bear arms?
[01:01:03.480 --> 01:01:06.480]   The late Senator Hubert Humphrey captured the spirit of the Second Amendment so well
[01:01:06.480 --> 01:01:11.480]   when he said, "The right of the citizens to bear arms is just one guarantee
[01:01:11.480 --> 01:01:14.480]   against arbitrary government, one more safeguard against the tyranny,
[01:01:14.480 --> 01:01:20.480]   which now appears remote in America, but which historically has proved to always be possible."
[01:01:20.480 --> 01:01:25.480]   I'm Dr. Katherine Albrecht. More news and information at KatherineAlbrecht.com.
[01:01:25.480 --> 01:01:38.480]   You may think our brains deteriorate with age, but new research shows that as brains get older,
[01:01:38.480 --> 01:01:40.480]   they actually work more efficiently.
[01:01:40.480 --> 01:01:45.480]   I'm Dr. Katherine Albrecht, back with new research on how aging makes the mind sharper.
[01:01:45.480 --> 01:01:46.480]   After this.
[01:01:46.480 --> 01:01:52.480]   Privacy is under attack. When you give up data about yourself, you'll never get it back again.
[01:01:52.480 --> 01:01:57.480]   And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:01:57.480 --> 01:02:02.480]   So protect your rights. Say no to surveillance and keep your information to yourself.
[01:02:02.480 --> 01:02:05.480]   Privacy. It's worth hanging on to.
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[01:02:08.480 --> 01:02:12.480]   the private search engine alternative to Google, Yahoo, and Bing.
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[01:02:15.480 --> 01:02:20.480]   It's a widely held notion that the older people get, the more doddering they become.
[01:02:20.480 --> 01:02:25.480]   But new research shows that even as our brains age, they can actually become more efficient.
[01:02:25.480 --> 01:02:32.480]   Scientists asked two groups of volunteers, one age 18 to 35 and the other 55 to 75,
[01:02:32.480 --> 01:02:35.480]   to associate different words with given topics.
[01:02:35.480 --> 01:02:38.480]   At one point, they told everyone they'd made a mistake.
[01:02:38.480 --> 01:02:42.480]   When that happened, the younger group's brains lit up and lost focus.
[01:02:42.480 --> 01:02:47.480]   But the older group's brains didn't even flinch, and they stayed focused on solving the next task.
[01:02:47.480 --> 01:02:51.480]   The moral? There's something to be said for experience.
[01:02:51.480 --> 01:02:56.480]   I'm Dr. Katherine Albrecht for StartPage.com, the world's most private search engine.
[01:02:56.480 --> 01:03:02.480]   [Music]
[01:03:02.480 --> 01:03:05.480]   We make our own whiskey and our own smoke too.
[01:03:05.480 --> 01:03:09.480]   Ain't too many things these old boys can do.
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[01:03:13.480 --> 01:03:16.480]   We grow good old tomatoes and homemade wine.
[01:03:16.480 --> 01:03:23.480]   All right, folks, we are back. This is Rule of Law Radio, the call in number 512-646-1984.
[01:03:23.480 --> 01:03:26.480]   If you want to call and talk, get in line.
[01:03:26.480 --> 01:03:29.480]   All right, that said, let's get back to Jesse in California.
[01:03:29.480 --> 01:03:31.480]   All right, Jesse, go ahead.
[01:03:31.480 --> 01:03:36.480]   Well, yeah, I was just telling you about when I had the day off and I was following the cops.
[01:03:36.480 --> 01:03:42.480]   And she even told me after 20 minutes of being detained, and another officer showed up and was talking to me for a while.
[01:03:42.480 --> 01:03:48.480]   She even said, like, if you do this, it's not illegal, but if you do this again, like, this is what's going to happen.
[01:03:48.480 --> 01:03:54.480]   Pretty much telling me that corruption, like, I remember, I forget what laws it was, but California, when you violate someone's rights,
[01:03:54.480 --> 01:04:02.480]   a $25,000 violation, two cops, two violations, and violated my rights and procrastinating on that.
[01:04:02.480 --> 01:04:05.480]   I don't even care about the money. I just hate how corrupt they are.
[01:04:05.480 --> 01:04:08.480]   Well, you said this occurred four years ago?
[01:04:08.480 --> 01:04:14.480]   Yep. So I'm going to try not to get into fraud on something to have the statute of limitations.
[01:04:14.480 --> 01:04:22.480]   Well, your problem there is that you've got a very short statute of limitations in such cases to make such a case.
[01:04:22.480 --> 01:04:32.480]   And in most states, it's either one or two years. And I'm pretty sure in California, it's one.
[01:04:32.480 --> 01:04:37.480]   I remember my friend Manny talking about fraud. I think it's five years.
[01:04:37.480 --> 01:04:42.480]   Well, fraud does not have a statute of limitations until the fraud becomes known.
[01:04:42.480 --> 01:04:49.480]   Okay? But the problem here is, is what act of fraud are you going to have a claim on?
[01:04:49.480 --> 01:04:56.480]   I have to re-look at how he filed the suit.
[01:04:56.480 --> 01:05:04.480]   You have to give me a second to look it up on the USB. The way he wrote it when he filed suit, Dr. Smith, but...
[01:05:04.480 --> 01:05:06.480]   Did he win?
[01:05:06.480 --> 01:05:14.480]   No, like I said, Dr. Smith. But that's why I'm going to try and re-edit it and see if we can get it to stick.
[01:05:14.480 --> 01:05:18.480]   Well, what is his claim of fraud?
[01:05:18.480 --> 01:05:23.480]   Let me read it.
[01:05:23.480 --> 01:05:28.480]   I think it ties into the unfair business practices of Count Six.
[01:05:28.480 --> 01:05:33.480]   They're not a business. That's not going to fly.
[01:05:33.480 --> 01:05:44.480]   Let me just read it real quick.
[01:05:44.480 --> 01:05:53.480]   The defendant's owed a duty to plaintiff and others to not violate their rights and to act within the scope of their authority in accordance with the laws.
[01:05:53.480 --> 01:05:55.480]   That's not fraud.
[01:05:55.480 --> 01:05:57.480]   Yeah.
[01:05:57.480 --> 01:06:06.480]   That's a violation of rights under color of law. And that has, I believe, in California, a one-year statute of limitations to sue for.
[01:06:06.480 --> 01:06:07.480]   For sure.
[01:06:07.480 --> 01:06:24.480]   That's the reason his... Not only did he state the argument incorrectly as to what he was suing for, because fraud was never going to fly, unfair business practices was never going to fly, but the statute of limitations would also be an issue.
[01:06:24.480 --> 01:06:25.480]   For sure.
[01:06:25.480 --> 01:06:30.480]   So it does not surprise me his case was dismissed.
[01:06:30.480 --> 01:06:35.480]   For sure. I have more recent tickets that have been dismissed, and they...
[01:06:35.480 --> 01:06:42.480]   Well, the ticket's a different animal. We're not talking about your ticket. We're talking about the stop you're going through. That's what you're saying you're filing a lawsuit on.
[01:06:42.480 --> 01:06:58.480]   If you're going to file a lawsuit over the citation, then you might be able to make an argument that the citation itself is an instrument of fraud, but then you've got to prove, if that's an element of the offense in California, that the fraud was knowingly committed.
[01:06:58.480 --> 01:07:04.480]   And unfortunately for all of us, cops are allowed to be stupid.
[01:07:04.480 --> 01:07:11.480]   So proving intent when it comes to that is a whole 'nother issue.
[01:07:11.480 --> 01:07:13.480]   Gotcha.
[01:07:13.480 --> 01:07:18.480]   Yeah, I'm definitely going to have to take the title of the law class so we can talk more about this.
[01:07:18.480 --> 01:07:19.480]   Okay.
[01:07:19.480 --> 01:07:22.480]   So we can get more understanding, because I'm definitely fresh with all this.
[01:07:22.480 --> 01:07:29.480]   But I want to try and get all of this to stick. Regardless if I can't get them for the stuff four years ago, it doesn't matter to me, because I knew I waited too long.
[01:07:29.480 --> 01:07:33.480]   But I wanted to at least try, see what happens.
[01:07:33.480 --> 01:07:39.480]   The problem is, in order to try, you've got to file. And to file, that usually costs money.
[01:07:39.480 --> 01:07:46.480]   And all you're doing is throwing money out the window if it's going to get dismissed out of hand anyway.
[01:07:46.480 --> 01:07:51.480]   I got you. I did a waiver on my last suit.
[01:07:51.480 --> 01:08:04.480]   Well, if you can get a waiver on this one, that's fine. But the problem with getting waivers when you file suits, and they get tossed, the court can and will declare you a vexatious litigant.
[01:08:04.480 --> 01:08:11.480]   Then you can never again file a case that the court does not approve of first.
[01:08:11.480 --> 01:08:14.480]   Hmm. For sure.
[01:08:14.480 --> 01:08:19.480]   Well, they told me when I filed against some insurance segregation specialists that if they were debt collectors that I would have a case.
[01:08:19.480 --> 01:08:26.480]   And I'm about to file my suit against the debt collectors. So at least that one will be good. Won't look retarded.
[01:08:26.480 --> 01:08:28.480]   Good luck.
[01:08:28.480 --> 01:08:30.480]   Thank you.
[01:08:30.480 --> 01:08:34.480]   So yeah, I'll let you give that to any callers. I don't know if you have a long list or not.
[01:08:34.480 --> 01:08:38.480]   But yeah, I will definitely look forward to talking to you on the trial of law.
[01:08:38.480 --> 01:08:39.480]   Thank you, Eddie.
[01:08:39.480 --> 01:08:41.480]   All right. Thanks, Jesse.
[01:08:41.480 --> 01:08:49.480]   All right. Now our next caller up again, folks, 512-646-1984. If you want to call and talk, let's get on it.
[01:08:49.480 --> 01:09:00.480]   Next caller up is Ron in Oregon. Ron.
[01:09:00.480 --> 01:09:02.480]   Hello.
[01:09:02.480 --> 01:09:04.480]   Hello.
[01:09:04.480 --> 01:09:06.480]   Yes.
[01:09:06.480 --> 01:09:08.480]   Hello. Hello.
[01:09:08.480 --> 01:09:10.480]   Yes, I hear you. Go ahead.
[01:09:10.480 --> 01:09:12.480]   Hi, is this Eddie?
[01:09:12.480 --> 01:09:14.480]   It is.
[01:09:14.480 --> 01:09:18.480]   Hi, Eddie. It's Ron Thompson calling you again from Oregon. I talked to you last winter.
[01:09:18.480 --> 01:09:20.480]   Yes, sir.
[01:09:20.480 --> 01:09:28.480]   At some point in your life. Advise me to file a motion for discovery on this goofy criminal trespassing.
[01:09:28.480 --> 01:09:32.480]   And we're not on the radio. We're just getting ready to go, right?
[01:09:32.480 --> 01:09:35.480]   No, we're on the radio.
[01:09:35.480 --> 01:09:40.480]   Oh, my goodness. I'm sorry. I set the phone down for just a second.
[01:09:40.480 --> 01:09:44.480]   Okay. So we have just had some interesting developments here.
[01:09:44.480 --> 01:09:55.480]   And this thing has to do with our even with the neighboring property where they out of the blue came in and cited me for criminal trespass.
[01:09:55.480 --> 01:10:03.480]   And so they had a few files, like 98 pages of documents before this appearance.
[01:10:03.480 --> 01:10:06.480]   And I didn't show up at the thing.
[01:10:06.480 --> 01:10:10.480]   And so they dropped the bench warrant on me.
[01:10:10.480 --> 01:10:13.480]   And I just went on about my business.
[01:10:13.480 --> 01:10:17.480]   And then this guy got over a year went by, and I'm like, I'm getting tired of this stuff.
[01:10:17.480 --> 01:10:27.480]   And so I went out there on my road, and I had to drag off the end of my driveway and open the gate for my wife to call without being harassed out there coming and going and trying to go anywhere.
[01:10:27.480 --> 01:10:36.480]   So this clown comes out there and ends up calling the non-emergency phone number and has these guys hustle in.
[01:10:36.480 --> 01:10:39.480]   And I drive into my house because that's my wife's house.
[01:10:39.480 --> 01:10:42.480]   And they come in here and they arrest me for this bench warrant.
[01:10:42.480 --> 01:10:45.480]   So they haul me to town an hour away.
[01:10:45.480 --> 01:10:50.480]   And it's three in the afternoon, 2.15 or something, that's when they got here.
[01:10:50.480 --> 01:10:56.480]   And I'm like telling him the whole time on the drive in, which he's recording.
[01:10:56.480 --> 01:11:01.480]   I'm giving him a seminar on law, this stupid sheriff, young bunt.
[01:11:01.480 --> 01:11:04.480]   And I'm 74, by the way.
[01:11:04.480 --> 01:11:08.480]   So we get in there, we deal with that.
[01:11:08.480 --> 01:11:11.480]   And he hauls me, he takes me to jail.
[01:11:11.480 --> 01:11:15.480]   The warrant specifically says, take me to the courthouse.
[01:11:15.480 --> 01:11:17.480]   And I tell him this, we're driving through town.
[01:11:17.480 --> 01:11:20.480]   He says, excuse me, I think you just missed the last turn off at the courthouse.
[01:11:20.480 --> 01:11:22.480]   And he's like, no, we're taking you to jail.
[01:11:22.480 --> 01:11:25.480]   That's not what the warrant says.
[01:11:25.480 --> 01:11:27.480]   And he's like, oh, that's the warrant I saw.
[01:11:27.480 --> 01:11:30.480]   And he just went right ahead and took me to jail and went through the process.
[01:11:30.480 --> 01:11:35.480]   And my wife had to come in and drop $100 on him when we got out and drive home.
[01:11:35.480 --> 01:11:44.480]   And so anyway, that's kidnapping at that point as far as I'm concerned, not following the direct judge's order on the bench warrant.
[01:11:44.480 --> 01:11:47.480]   So anyway, once that's done --
[01:11:47.480 --> 01:11:51.480]   No, it would be kidnapping if he did not have authority to seize you.
[01:11:51.480 --> 01:11:53.480]   He did.
[01:11:53.480 --> 01:12:02.480]   He failed to perform his duty properly under the law if he was directed to take you before the magistrate rather than to jail.
[01:12:02.480 --> 01:12:07.480]   And if there's actually a statute in Oregon that says even if you're arrested on a warrant,
[01:12:07.480 --> 01:12:13.480]   they have to take you before a magistrate rather than directly to jail, if one is available,
[01:12:13.480 --> 01:12:15.480]   then he's doubly screwed.
[01:12:15.480 --> 01:12:16.480]   Yeah, that's true.
[01:12:16.480 --> 01:12:22.480]   In which case you have a case of false imprisonment, but you do not have a case of kidnapping.
[01:12:22.480 --> 01:12:25.480]   Okay, okay.
[01:12:25.480 --> 01:12:26.480]   Good enough.
[01:12:26.480 --> 01:12:27.480]   That works for me.
[01:12:27.480 --> 01:12:31.480]   Anyway, so then we get an arraignment scheduled.
[01:12:31.480 --> 01:12:32.480]   And they just give you a date.
[01:12:32.480 --> 01:12:34.480]   They don't even tell you it's an arraignment or anything.
[01:12:34.480 --> 01:12:41.480]   So I go to this arraignment thing because when I talked to you last, you said to file a motion to compel discovery.
[01:12:41.480 --> 01:12:46.480]   Well, they wouldn't give me any discovery until there was an arraignment.
[01:12:46.480 --> 01:12:52.480]   So we got this arraignment, and then we go get some discovery.
[01:12:52.480 --> 01:13:01.480]   And I make it clear as soon as I got home, I emailed the legal assistant for the sheriff's office and said,
[01:13:01.480 --> 01:13:06.480]   "Look, I want all that audio, that video, body cam, everything preserved."
[01:13:06.480 --> 01:13:08.480]   And she said, "We'll make sure it's preserved."
[01:13:08.480 --> 01:13:12.480]   And so then we get this arraignment, so then we can get discovery.
[01:13:12.480 --> 01:13:19.480]   Well, the first thing they do is they go out to the DA's office, wants to charge us money for this discovery stuff,
[01:13:19.480 --> 01:13:22.480]   what's the file that the DA is going to use in court.
[01:13:22.480 --> 01:13:27.480]   And I look at the law, and I'm like, it doesn't say anything about them charging money.
[01:13:27.480 --> 01:13:33.480]   It says the DA shall provide discovery immediately after arraignment.
[01:13:33.480 --> 01:13:39.480]   So we had some rounds there, and then my wife went in and got the stuff today and refused to pay,
[01:13:39.480 --> 01:13:44.480]   and the gal got really huffy and ended up just giving her everything without the money.
[01:13:44.480 --> 01:13:46.480]   So that was pretty funny.
[01:13:46.480 --> 01:13:48.480]   But there's nothing in it.
[01:13:48.480 --> 01:14:00.480]   So you get this stuff, and they've got the person who they claim to be the victim doesn't even own the land that they're claiming that I trespassed on, which I did not.
[01:14:00.480 --> 01:14:04.480]   And the whole thing is just like a ridiculous joke.
[01:14:04.480 --> 01:14:09.480]   Well, the thing about it is they don't necessarily have to own it.
[01:14:09.480 --> 01:14:20.480]   For instance, I'm renting the place I'm in right now, but I can sure charge you or file a complaint against you for trespass if you come in here without my permission.
[01:14:20.480 --> 01:14:22.480]   So the question isn't whether or not they own it.
[01:14:22.480 --> 01:14:28.480]   The question is do they have a legal right to be there and possess it and use it.
[01:14:28.480 --> 01:14:34.480]   If they do, then they can make a trespass claim if they asked you to leave and you didn't.
[01:14:34.480 --> 01:14:36.480]   Yeah, well, see, none of that ever happened.
[01:14:36.480 --> 01:14:38.480]   The whole thing is a bogus thing.
[01:14:38.480 --> 01:14:47.480]   These people are trying to harass us so that we give them our beautiful piece of real estate here because they own everything around us, so they're just playing all these games.
[01:14:47.480 --> 01:14:54.480]   So anyway, right now I'm at the point where the DA gave us what they said they have, but we know there's a lot more with the sheriff.
[01:14:54.480 --> 01:15:00.480]   So I guess I'm just looking for a little direction, I'm sure we can figure out.
[01:15:00.480 --> 01:15:03.480]   Okay, well, let me clue you into something.
[01:15:03.480 --> 01:15:15.480]   One of the games the district attorneys and county attorneys like to play when it comes to discovery is not getting the evidence they're going to use in court until the very last minute from the people that have it.
[01:15:15.480 --> 01:15:21.480]   Remember, the evidence is not sourced by the district or county attorney's office.
[01:15:21.480 --> 01:15:28.480]   It is sourced by the agency that collected it, which in this case would be the police agency, whatever it is.
[01:15:28.480 --> 01:15:45.480]   Okay, so you file the motion for discovery with those entities first, and then you ask the prosecution for discovery on what they have in their possession.
[01:15:45.480 --> 01:15:51.480]   So I want to file a motion into this case compelling discovery from...
[01:15:51.480 --> 01:15:57.480]   No, a motion for discovery. You don't get to compel discovery until they fail to comply with it.
[01:15:57.480 --> 01:16:03.480]   Okay, yep. So that motion is already filed.
[01:16:03.480 --> 01:16:05.480]   With who?
[01:16:05.480 --> 01:16:08.480]   With the district court.
[01:16:08.480 --> 01:16:13.480]   Yeah, asking for discovery from who?
[01:16:13.480 --> 01:16:22.480]   I think I'd have to look at it. It was a while. It was right after we talked on the phone, but I think it was... I'd have to look. It may have been just general, but...
[01:16:22.480 --> 01:16:24.480]   So I need to go back and make sure...
[01:16:24.480 --> 01:16:27.480]   Well, there is no such thing as a general motion for discovery.
[01:16:27.480 --> 01:16:33.480]   It has to be directed to someone to produce the stuff you're requesting in the discovery.
[01:16:33.480 --> 01:16:44.480]   Now, you may ask for the discovery items generally if you want, which I don't think you should be doing. You should be very specific where and when you can.
[01:16:44.480 --> 01:16:51.480]   But you must be specific as to who it is you are requesting that discovery from.
[01:16:51.480 --> 01:16:53.480]   Sure.
[01:16:53.480 --> 01:16:59.480]   So who was it requested from? Think about that for a second, and let me take this break. We'll be right back.
[01:16:59.480 --> 01:17:05.480]   Are you looking to have a closer relationship with God and a better understanding of His Word?
[01:17:05.480 --> 01:17:17.480]   Then tune in to LogosRadioNetwork.com on Wednesdays from 8 to 10 p.m. Central Time for Scripture Talk, where Nana and her guests discuss the Scriptures in accord with 2 Timothy 2:15.
[01:17:17.480 --> 01:17:24.480]   Study to show thyself approved unto God, a workman that needeth not to be ashamed, rightly dividing the word of truth.
[01:17:24.480 --> 01:17:31.480]   Starting in January, our first hour studies are in the Book of Mark, where we'll go verse by verse and discuss the true gospel message.
[01:17:31.480 --> 01:17:38.480]   Our second hour topical studies will vary each week with discussions on sound doctrine and Christian character development.
[01:17:38.480 --> 01:17:43.480]   We wish to reflect God's light and be a blessing to all those with a hearing ear.
[01:17:43.480 --> 01:17:49.480]   Our goal is to strengthen our faith and to transform ourselves more into the likeness of our Lord and Savior Jesus.
[01:17:49.480 --> 01:17:59.480]   So tune in to Scripture Talk live on LogosRadioNetwork.com Wednesdays from 8 to 10 p.m. to inspire and motivate your studies of the Scriptures.
[01:17:59.480 --> 01:18:05.480]   Are you being harassed by debt collectors with phone calls, letters, or even lawsuits?
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[01:18:59.480 --> 01:19:10.480]   This is the Logos Radio Network.
[01:19:10.480 --> 01:19:39.480]   [Music]
[01:19:39.480 --> 01:19:48.480]   Alright folks, we are back. This is Rule of Law Radio, the call in number 512-646-1984 if you want to call and talk.
[01:19:48.480 --> 01:19:54.480]   I got about 45 minutes left in this here show and right now I am talking to Ron in Oregon.
[01:19:54.480 --> 01:20:05.480]   Okay, so if your original motion for discovery, Ron, said that you were asking for discovery from the district or county attorney's office, okay?
[01:20:05.480 --> 01:20:12.480]   And they are who you filed that discovery motion with, they're the only ones you're going to get discovery from.
[01:20:12.480 --> 01:20:27.480]   And if they have not yet collected the evidence from the law enforcement agency that they intend to use against you in court, if there is any, then they're hiding it by doing it that way.
[01:20:27.480 --> 01:20:40.480]   So you cover your bases by also sending a motion for discovery specifically to the law enforcement agency that collected the evidence, whatever that evidence may be.
[01:20:40.480 --> 01:21:01.480]   Gotcha. And yeah, we just found a thing here and this was, anyway, it's a little bit general. And it is, I captured it, defendant's motion to compel discovery of all evidence plaintiff has in possession.
[01:21:01.480 --> 01:21:16.480]   Again, a motion to compel is a secondary motion. It is not a primary motion. A motion to compel is filed when someone fails to comply with the primary motion for discovery.
[01:21:16.480 --> 01:21:33.480]   Gotcha. Okay. So I will get this done quite pronto here. And I will specifically name the sheriff. Now I'm interested in the phone records from the non-emergency number two from dispatch, which they have.
[01:21:33.480 --> 01:21:57.480]   Well, you'll want all recordings and communications and CAD reports between the dispatch officer and the officers on scene. You'll want any in-house communications relating to the CAD number that they're working off of in-house, etc.
[01:21:57.480 --> 01:22:07.480]   In other words, you want everything the sheriff's department has on this. So don't forget to ask for it that way. I want your CAD reports. I want all recordings between dispatch and the officers.
[01:22:07.480 --> 01:22:17.480]   I want any communications between the officers and the department outside of the dispatcher. I want any communications and recordings made between the officers themselves, etc.
[01:22:17.480 --> 01:22:31.480]   And if there's any in-house documents, recordings, memorandum, emails, or anything of that nature relative to this case and this CAD report, then I want that too.
[01:22:31.480 --> 01:22:33.480]   What's the CAD report?
[01:22:33.480 --> 01:22:36.480]   Computer-aided dispatch.
[01:22:36.480 --> 01:22:37.480]   Okay. Okay.
[01:22:37.480 --> 01:22:44.480]   The dispatcher is logging everything that happens that they're interacting with in the computer in real time.
[01:22:44.480 --> 01:22:54.480]   Great. So then I want communications too. Text messages and emails with private parties related to this.
[01:22:54.480 --> 01:23:05.480]   Well, that's what I said. All communications in whatever form they may exist, such as text, emails, written reports, recordings, etc., etc.
[01:23:05.480 --> 01:23:12.480]   And then I'd like to request from those parties too, just in case they don't quite --
[01:23:12.480 --> 01:23:17.480]   No, you can't request them from the parties because they are not personal records.
[01:23:17.480 --> 01:23:23.480]   Okay. Okay.
[01:23:23.480 --> 01:23:28.480]   Those records were generated by those individuals in their official capacity.
[01:23:28.480 --> 01:23:33.480]   The only way you could ask for something personal is if you saw one of them using their personal cell phone.
[01:23:33.480 --> 01:23:42.480]   Once they used it in the performance of their duties, that information became discoverable and public record, and they're required to preserve it.
[01:23:42.480 --> 01:23:50.480]   Okay. But I'm thinking too of the private parties who are not sheriffs or anything communicating with the sheriff.
[01:23:50.480 --> 01:23:59.480]   That'll all be in the CAD recordings. There won't be separate recordings from those individuals. I would almost guarantee it.
[01:23:59.480 --> 01:24:01.480]   It'll all be there. Yeah. Great. Great.
[01:24:01.480 --> 01:24:08.480]   So it sounds like the CAD is a pretty good term to be sure to have in there and then reference all this stuff.
[01:24:08.480 --> 01:24:15.480]   Yeah. Well, you say "computer-aided dispatch report" and then you put "CAD" in parentheses right after that
[01:24:15.480 --> 01:24:21.480]   so that you can then just say "CAD R" through the rest of it.
[01:24:21.480 --> 01:24:26.480]   Okay. Well, great. That is extremely helpful.
[01:24:26.480 --> 01:24:33.480]   I think that will get me through the day tomorrow and scare the crap out of them.
[01:24:33.480 --> 01:24:38.480]   Well, good luck. All right. Thanks again, Eddie.
[01:24:38.480 --> 01:24:42.480]   Yes, sir. Thanks for calling. My pleasure. Bye-bye.
[01:24:42.480 --> 01:24:49.480]   Bye-bye. All right. Now we have Jane in Texas. Good evening, Jane. How are you?
[01:24:49.480 --> 01:24:52.480]   Hi, Eddie. I'm fine. How are you?
[01:24:52.480 --> 01:24:59.480]   I'm tired. I'm tired. Aren't you? Are you still hot or is it cool off over there?
[01:24:59.480 --> 01:25:04.480]   Well, I keep things set on 79, try not to get buried under the electric bill.
[01:25:04.480 --> 01:25:10.480]   So while I'm on the radio getting all hot and bothered with these conversations, I tend to sweat around the collar a little bit.
[01:25:10.480 --> 01:25:17.480]   But that's just me. It's not the house. The AC is fixed, though? Yes.
[01:25:17.480 --> 01:25:21.480]   I only called just to… I would not be here tonight if it wasn't, believe me.
[01:25:21.480 --> 01:25:24.480]   Okay. Yeah, you wouldn't have a show list for sure.
[01:25:24.480 --> 01:25:29.480]   Okay. So I just have a couple of things, and it's not really related to my case or anything, not specifically.
[01:25:29.480 --> 01:25:39.480]   But on the donate link, it's confusing, and that's probably the reason why maybe you're not getting as much as you need.
[01:25:39.480 --> 01:25:42.480]   But I just looked at it, and I was going to donate on there.
[01:25:42.480 --> 01:25:46.480]   And there's one link that says you can donate Bitcoin.
[01:25:46.480 --> 01:25:51.480]   But when you try to donate that way, it looks like it just goes to the whole network.
[01:25:51.480 --> 01:25:54.480]   And then you have the link for…
[01:25:54.480 --> 01:25:58.480]   Well, I don't know what the various ways of donating are.
[01:25:58.480 --> 01:26:03.480]   Are you at the ruleoflawradio.com website or the Logos website?
[01:26:03.480 --> 01:26:11.480]   Oh, well, and maybe that's the difference right there because on the Logos, it has the class, right?
[01:26:11.480 --> 01:26:12.480]   It has the class, don't it?
[01:26:12.480 --> 01:26:22.480]   Well, the class is on both websites, but on the ruleoflawradio.com website, the donations tab is completely separate from everything else.
[01:26:22.480 --> 01:26:28.480]   So when you look in the top left at the menu up there and you click on donations, you go to a page that says,
[01:26:28.480 --> 01:26:32.480]   "Donate to the network, donate to Eddie, or donate to Randy's Beer Fund."
[01:26:32.480 --> 01:26:37.480]   I've never seen that, but I got the menu in the wrong spot.
[01:26:37.480 --> 01:26:42.480]   Yeah, here ever since they've got the new website, very few people do.
[01:26:42.480 --> 01:26:48.480]   But you have to go to the ruleoflawradio.com donations page to donate to me directly.
[01:26:48.480 --> 01:26:50.480]   Okay, all right.
[01:26:50.480 --> 01:26:53.480]   And the other thing is I heard you say something.
[01:26:53.480 --> 01:26:58.480]   Well, I don't want to get in that yet because I got an easier question first.
[01:26:58.480 --> 01:27:04.480]   Okay, now that I have already filed on my motion with multiple exhibits and stuff like that,
[01:27:04.480 --> 01:27:09.480]   and it was 25 pages plus a lot of pages for exhibits, but now I'm correcting errors.
[01:27:09.480 --> 01:27:14.480]   So I want to refile it, but I don't want to refile all exhibits and everything.
[01:27:14.480 --> 01:27:16.480]   Do I have to?
[01:27:16.480 --> 01:27:20.480]   You have to refile the whole thing if you amend it.
[01:27:20.480 --> 01:27:22.480]   Are you serious?
[01:27:22.480 --> 01:27:26.480]   I mean, this here is a waste of paper.
[01:27:26.480 --> 01:27:32.480]   Well, that may be true, but that's the problem with filing stuff before you're sure you've got it the way you want it.
[01:27:32.480 --> 01:27:34.480]   Well, I had no choice.
[01:27:34.480 --> 01:27:41.480]   Well, I understand that, but again, if you amend it, you've got to put everything with it.
[01:27:41.480 --> 01:27:43.480]   That's just great.
[01:27:43.480 --> 01:27:48.480]   I don't know how many reams of paper and how many things of ink I might have to go through.
[01:27:48.480 --> 01:27:51.480]   But okay, so that's that.
[01:27:51.480 --> 01:27:57.480]   But amending means that it's the same motion, just corrected maybe, though.
[01:27:57.480 --> 01:27:59.480]   I don't understand why you would say--
[01:27:59.480 --> 01:28:01.480]   No, not necessarily.
[01:28:01.480 --> 01:28:05.480]   Amended can mean a lot more than just corrected.
[01:28:05.480 --> 01:28:09.480]   Okay, then what about supplemental?
[01:28:09.480 --> 01:28:13.480]   Well, supplemental is the same thing as amended when it comes to a motion.
[01:28:13.480 --> 01:28:16.480]   You're supplementing the information in the original motion.
[01:28:16.480 --> 01:28:21.480]   How you're doing that can only be determined by reading the new motion.
[01:28:21.480 --> 01:28:25.480]   Okay, all right, with all the new exhibits again.
[01:28:25.480 --> 01:28:35.480]   Okay, all right, then I heard you say something to Ron a while ago that if you have the right to the property,
[01:28:35.480 --> 01:28:45.480]   and even though you're renting that because somebody trespassed on your property, that you could charge for trespassing.
[01:28:45.480 --> 01:28:47.480]   Well, I have an issue with that.
[01:28:47.480 --> 01:28:52.480]   Okay, you have to understand how a state trespassing statute works.
[01:28:52.480 --> 01:29:02.480]   Here in Texas, in order for them to trespass you, you literally have to be told that you're trespassing and have to leave by law enforcement.
[01:29:02.480 --> 01:29:06.480]   They're the only ones that can actually trespass you.
[01:29:06.480 --> 01:29:15.480]   The individual can tell you to leave and then call the cops in order to get them out there to make you leave.
[01:29:15.480 --> 01:29:25.480]   But if you're gone by the time they show up, they can only give you a trespass warning and tell you that if you do show back up,
[01:29:25.480 --> 01:29:28.480]   then they're going to be called again, and that's that.
[01:29:28.480 --> 01:29:34.480]   But the individual directly can't charge you with the trespass in Texas.
[01:29:34.480 --> 01:29:36.480]   The cops have to do it.
[01:29:36.480 --> 01:29:38.480]   Okay, well, I'm not finished up there because I have another--
[01:29:38.480 --> 01:29:46.480]   And you can only be charged with actual trespass if you were warned and then returned.
[01:29:46.480 --> 01:29:50.480]   So hang on just a second, and let me take this break, and I'll pick this back up with you, okay?
[01:29:50.480 --> 01:29:53.480]   Okay.
[01:29:53.480 --> 01:29:56.480]   All right, folks, 512-646-1984.
[01:29:56.480 --> 01:29:58.480]   Give me a call. Let's talk.
[01:29:58.480 --> 01:30:05.480]   It seems like everywhere you turn nowadays, someone wants your name, social security number, and date of birth.
[01:30:05.480 --> 01:30:08.480]   But you should think twice before giving away your personal data.
[01:30:08.480 --> 01:30:11.480]   I'm Dr. Katherine Albrecht, and I'll say more in just a moment.
[01:30:11.480 --> 01:30:19.480]   Google is watching you, recording everything you've ever searched for, and creating a massive database of your personal information.
[01:30:19.480 --> 01:30:22.480]   That's creepy, but it doesn't have to be that way.
[01:30:22.480 --> 01:30:25.480]   Startpage.com is the world's most private search engine.
[01:30:25.480 --> 01:30:32.480]   Startpage.com doesn't store your IP address, make a record of your searches, or use tracking cookies, and they're third-party certified.
[01:30:32.480 --> 01:30:36.480]   If you don't like Big Brother spying on you, start over with Startpage.
[01:30:36.480 --> 01:30:39.480]   Great search results and total privacy.
[01:30:39.480 --> 01:30:42.480]   Startpage.com, the world's most private search engine.
[01:30:42.480 --> 01:30:45.480]   Forms, forms, forms, they're everywhere.
[01:30:45.480 --> 01:30:49.480]   But just because a piece of paper asks for information doesn't mean you have to give it.
[01:30:49.480 --> 01:30:56.480]   I leave blank spaces on forms all the time, or I write "N/A" for "not applicable," and usually nobody notices or cares.
[01:30:56.480 --> 01:31:03.480]   I never give my social security number or date of birth unless it's absolutely mandatory for employment or a government requirement.
[01:31:03.480 --> 01:31:09.480]   And I won't give my phone number to a company or an organization unless I actually want them to call me, and that's pretty rare.
[01:31:09.480 --> 01:31:14.480]   To preserve our vanishing privacy, we need to practice saying "no" to random data requests.
[01:31:14.480 --> 01:31:18.480]   It's like exercising a muscle. It gets easier the more you do it.
[01:31:18.480 --> 01:31:23.480]   I'm Dr. Katherine Albrecht. More news and information at KatherineAlbrecht.com.
[01:31:23.480 --> 01:31:30.480]   [Music]
[01:31:30.480 --> 01:31:35.480]   I lost my son, my nephew, my uncle, my son on September 11, 2001.
[01:31:35.480 --> 01:31:39.480]   Most people don't know that a third tower fell on September 11.
[01:31:39.480 --> 01:31:43.480]   World Trade Center 7, a 47-story skyscraper, was not hit by a plane.
[01:31:43.480 --> 01:31:47.480]   Although the official explanation is that fire brought down Building 7,
[01:31:47.480 --> 01:31:52.480]   over 1,200 architects and engineers have looked into the evidence and believe there is more to the story.
[01:31:52.480 --> 01:31:56.480]   Bring justice to my son, my uncle, my nephew, my son.
[01:31:56.480 --> 01:31:58.480]   Go to buildingwhat.org.
[01:31:58.480 --> 01:32:01.480]   Why it fell, why it matters, and what you can do.
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[01:33:12.480 --> 01:33:37.480]   [Music]
[01:33:37.480 --> 01:33:44.480]   Alright folks, we are back. This is Rule of Law Radio, calling number 512-646-1984.
[01:33:44.480 --> 01:33:49.480]   And we are on the phone with Janet, or Jane, I'm sorry.
[01:33:49.480 --> 01:33:57.480]   Okay, Jane. Now, I'm looking at 30.05, the criminal trespass statute for here in Texas. Okay?
[01:33:57.480 --> 01:34:04.480]   A, subsection A, a person commits an offense if the person enters or remains on or in property of another,
[01:34:04.480 --> 01:34:10.480]   including residential land, agricultural land, a recreational vehicle park, a building, a general residential operation,
[01:34:10.480 --> 01:34:16.480]   operating as a residential treatment center, or an aircraft or other vehicle without effective consent,
[01:34:16.480 --> 01:34:24.480]   and the person, one, had noticed that the entry was forbidden, or two, received notice to depart but failed to do so. Okay?
[01:34:24.480 --> 01:34:31.480]   Now, and B, for the purposes of this section, entry means the intrusion of the entire body.
[01:34:31.480 --> 01:34:39.480]   And notice means an oral or written communication by the owner or someone with apparent authority to act for the owner.
[01:34:39.480 --> 01:34:45.480]   B, fencing or other enclosure, obviously designed to exclude intruders or to contain livestock.
[01:34:45.480 --> 01:34:53.480]   Okay, hold up for one second. On the fencing, what if it wasn't totally surrounding the, because I've read this thing over and over and over,
[01:34:53.480 --> 01:34:58.480]   but is the fencing, does it have to be totally enclosed area?
[01:34:58.480 --> 01:35:06.480]   It's only going to exclude intruders or contain livestock if it's fully enclosed.
[01:35:06.480 --> 01:35:08.480]   Okay, all right.
[01:35:08.480 --> 01:35:12.480]   It can't be just like a half a yard divider fence.
[01:35:12.480 --> 01:35:13.480]   Okay.
[01:35:13.480 --> 01:35:19.480]   It would have to be a defense that would enclose the property to keep people out or keep livestock in.
[01:35:19.480 --> 01:35:23.480]   Well, how do I get charged with it then, and also theft?
[01:35:23.480 --> 01:35:28.480]   Well, hold on a sec. We haven't finished reading all the things that are on here.
[01:35:28.480 --> 01:35:29.480]   Okay?
[01:35:29.480 --> 01:35:31.480]   Because remember, you've got entry and notice.
[01:35:31.480 --> 01:35:33.480]   You've got two different things here.
[01:35:33.480 --> 01:35:36.480]   And remember, entry means the intrusion of the entire body.
[01:35:36.480 --> 01:35:41.480]   Well, from what you've said, according to the covenants and the place you're living,
[01:35:41.480 --> 01:35:48.480]   the most of the area you were in with the distinction of her, specifically her back patio, is communal property.
[01:35:48.480 --> 01:35:49.480]   Yes.
[01:35:49.480 --> 01:35:50.480]   Yes or no?
[01:35:50.480 --> 01:35:51.480]   Yes, it was.
[01:35:51.480 --> 01:35:55.480]   I mean, it is in our declarations, but I'm not--
[01:35:55.480 --> 01:36:03.480]   Okay, then she can't trespass you from going on the yard on that side of the yard, even if it is right behind her house.
[01:36:03.480 --> 01:36:04.480]   No, the patio.
[01:36:04.480 --> 01:36:05.480]   The patio.
[01:36:05.480 --> 01:36:09.480]   Anything outside the four walls of our unit are supposed to be considered,
[01:36:09.480 --> 01:36:14.480]   even the exterior of the buildings and everything are supposed to be considered common area.
[01:36:14.480 --> 01:36:21.480]   Okay. If that's the common area, then she can't trespass you from the common area.
[01:36:21.480 --> 01:36:24.480]   Right.
[01:36:24.480 --> 01:36:29.480]   Okay, and that's something that you should have brought up at your trial if you didn't.
[01:36:29.480 --> 01:36:33.480]   I did, and they didn't let me submit evidence because they said it wasn't relevant.
[01:36:33.480 --> 01:36:37.480]   And, but, you know, I mean, nothing I tried to bring up--
[01:36:37.480 --> 01:36:44.480]   Well, the thing about it is what constitutes entry and notice is 100% relevant.
[01:36:44.480 --> 01:36:45.480]   Right, exactly.
[01:36:45.480 --> 01:36:50.480]   And you can only commit entry if you are in an area that you're not allowed to be,
[01:36:50.480 --> 01:36:56.480]   and the common area does not constitute an area you're not allowed to be.
[01:36:56.480 --> 01:36:59.480]   Exactly.
[01:36:59.480 --> 01:37:04.480]   And, okay, but when you were talking to Ron, I was thinking of trespass,
[01:37:04.480 --> 01:37:10.480]   and actually what I was really thinking of was theft, because unless you have exclusive rights
[01:37:10.480 --> 01:37:14.480]   to whatever it is that somebody steals from you, then how can it be--
[01:37:14.480 --> 01:37:21.480]   if Texas Patterns and Druid Charges 92.9 says that the owner must have exclusive rights
[01:37:21.480 --> 01:37:25.480]   to the property in order for it to be theft.
[01:37:25.480 --> 01:37:29.480]   Otherwise, it's not theft.
[01:37:29.480 --> 01:37:34.480]   Hang on.
[01:37:34.480 --> 01:37:40.480]   Okay, that's under Chapter 31.
[01:37:40.480 --> 01:37:45.480]   Okay, let's see what theft says.
[01:37:45.480 --> 01:37:48.480]   I have--I don't know what--I mean, I don't know what I'm talking about,
[01:37:48.480 --> 01:37:51.480]   but I've read that 100 times also, but--
[01:37:51.480 --> 01:37:53.480]   Okay, well, hang on, let me read it once.
[01:37:53.480 --> 01:37:55.480]   Okay.
[01:37:55.480 --> 01:37:59.480]   "A person commits an offense if he unlawfully appropriates property
[01:37:59.480 --> 01:38:03.480]   with intent to deprive the owner of property."
[01:38:03.480 --> 01:38:07.480]   Well, did they prove intent to deprive?
[01:38:07.480 --> 01:38:11.480]   They had the officer--they let him prove the intent.
[01:38:11.480 --> 01:38:13.480]   Tell them what their intention was.
[01:38:13.480 --> 01:38:16.480]   That's what they did.
[01:38:16.480 --> 01:38:19.480]   The officer can't prove your intent.
[01:38:19.480 --> 01:38:20.480]   I know exactly.
[01:38:20.480 --> 01:38:22.480]   That's part of my argument in my motion,
[01:38:22.480 --> 01:38:28.480]   but they asked him if it looked like I intended to keep the property from her
[01:38:28.480 --> 01:38:32.480]   when I was walking away from the patio.
[01:38:32.480 --> 01:38:37.480]   And he said yes.
[01:38:37.480 --> 01:38:42.480]   Well, but here again, with the intent to deprive the owner of property.
[01:38:42.480 --> 01:38:43.480]   Right.
[01:38:43.480 --> 01:38:47.480]   You gave it back to the owner, which was the city, correct?
[01:38:47.480 --> 01:38:52.480]   Yeah, but changing hands or whatever doesn't necessarily,
[01:38:52.480 --> 01:38:58.480]   according to what I've read, it doesn't change the fact that it was stolen.
[01:38:58.480 --> 01:39:02.480]   But what I'm saying is exclusive rights is what the--
[01:39:02.480 --> 01:39:06.480]   if it's a taxing pattern jury charge, then that's what the jury would be going by.
[01:39:06.480 --> 01:39:09.480]   And then they would know that she would check it out from--
[01:39:09.480 --> 01:39:13.480]   and what their argument was was that she checked it out--she didn't check it out,
[01:39:13.480 --> 01:39:15.480]   she borrowed it from the city.
[01:39:15.480 --> 01:39:21.480]   And because she gained effective control over the object and she was responsible for it,
[01:39:21.480 --> 01:39:26.480]   that is the reason why it was theft, because I stole it from her.
[01:39:26.480 --> 01:39:28.480]   But I did give it back within an hour.
[01:39:28.480 --> 01:39:30.480]   I gave it to the police, which gave it back to her.
[01:39:30.480 --> 01:39:38.480]   But supposedly that doesn't make a difference that you give it back.
[01:39:38.480 --> 01:39:44.480]   Well, again, the issue--that's a separate issue from what we're talking about here.
[01:39:44.480 --> 01:39:51.480]   Going through what this says, okay, even if you had taken it from that,
[01:39:51.480 --> 01:39:55.480]   it was in the community property.
[01:39:55.480 --> 01:39:57.480]   Okay?
[01:39:57.480 --> 01:40:04.480]   If it's in the community property, and--I mean,
[01:40:04.480 --> 01:40:09.480]   what else is in the community property that both of you have access to?
[01:40:09.480 --> 01:40:13.480]   Grass, dirt, let's say a tree, you know, plants.
[01:40:13.480 --> 01:40:18.480]   Do they have any benches out there or tables or anything that belongs to the complex
[01:40:18.480 --> 01:40:22.480]   or whatever it is you live in rather than you two individually?
[01:40:22.480 --> 01:40:24.480]   No, we don't have anything like that.
[01:40:24.480 --> 01:40:29.480]   As a matter of fact, we pay $250 a month just for our dues
[01:40:29.480 --> 01:40:32.480]   when all we do is mow the yard and have little sprinklers come on every now and then
[01:40:32.480 --> 01:40:34.480]   and the lights in the front.
[01:40:34.480 --> 01:40:38.480]   But we don't have anything like that that we share.
[01:40:38.480 --> 01:40:42.480]   The common property, and from where I look at the decorations,
[01:40:42.480 --> 01:40:44.480]   is, you know, they have a big common area.
[01:40:44.480 --> 01:40:48.480]   It's a green belt, you know, that if we--somebody was to, you know,
[01:40:48.480 --> 01:40:51.480]   play volleyball or whatever they did out there, nobody does anything in it,
[01:40:51.480 --> 01:40:53.480]   walks their dogs or whatever.
[01:40:53.480 --> 01:41:04.480]   But I don't really want to harp on the fact that our decorations say that the patio
[01:41:04.480 --> 01:41:08.480]   is common property because she's trespassed on my property
[01:41:08.480 --> 01:41:10.480]   and she's charged me with theft.
[01:41:10.480 --> 01:41:14.480]   I mean, she had the cops do it, but that's in my civil case right now,
[01:41:14.480 --> 01:41:19.480]   and that trespass to real property is part of--is my--one of my--
[01:41:19.480 --> 01:41:21.480]   is my counterclaim, actually.
[01:41:21.480 --> 01:41:24.480]   So I don't know.
[01:41:24.480 --> 01:41:30.480]   And see, I have a property survey, a boundary line that I pay taxes on
[01:41:30.480 --> 01:41:34.480]   that's just--that's excluding--that, you know, shows out my boundary.
[01:41:34.480 --> 01:41:37.480]   And if that's the case--and she never got a survey,
[01:41:37.480 --> 01:41:39.480]   but that would make me trespassing.
[01:41:39.480 --> 01:41:41.480]   But then I don't know which one overrules that.
[01:41:41.480 --> 01:41:45.480]   I don't know which one--if it's the decorations,
[01:41:45.480 --> 01:41:50.480]   which I know that are pretty much enforceable, or if it's the property--
[01:41:50.480 --> 01:41:54.480]   The decorations are binding only on the people and the entity that made them.
[01:41:54.480 --> 01:41:59.480]   It's not the people that live there and no one else.
[01:41:59.480 --> 01:42:04.480]   Right, but it's run with the land as far as the deed is concerned.
[01:42:04.480 --> 01:42:10.480]   Yeah, but it still can't be read and enforced in a way that would violate state law.
[01:42:10.480 --> 01:42:16.480]   The question is whether or not state law covers everything we're talking about here.
[01:42:16.480 --> 01:42:22.480]   The problem they still face, regardless of what the statutes themselves say,
[01:42:22.480 --> 01:42:26.480]   is how they did the case.
[01:42:26.480 --> 01:42:29.480]   This was a Class C misdemeanor in both of these, right?
[01:42:29.480 --> 01:42:30.480]   Right.
[01:42:30.480 --> 01:42:34.480]   Okay. You were not given an examining trial.
[01:42:34.480 --> 01:42:35.480]   No.
[01:42:35.480 --> 01:42:37.480]   They did not file an information.
[01:42:37.480 --> 01:42:40.480]   They did not obtain an indictment.
[01:42:40.480 --> 01:42:41.480]   No.
[01:42:41.480 --> 01:42:48.480]   In short, all of the substantive due process they were required to provide, they ignored.
[01:42:48.480 --> 01:42:52.480]   That deprived them of subject matter jurisdiction.
[01:42:52.480 --> 01:42:53.480]   True.
[01:42:53.480 --> 01:42:58.480]   And so the fact that the constitutional challenge I have against municipal courts
[01:42:58.480 --> 01:43:03.480]   clearly shows the law that says Texas, the legislature,
[01:43:03.480 --> 01:43:08.480]   dissolved all municipal courts in the state of Texas.
[01:43:08.480 --> 01:43:12.480]   There are no municipal courts in the state of Texas.
[01:43:12.480 --> 01:43:17.480]   There are corporation courts, but they have to be named in a very specific way
[01:43:17.480 --> 01:43:22.480]   in accordance with law, and none of them comply with it.
[01:43:22.480 --> 01:43:27.480]   There's also the issue of you were prosecuted by city attorneys, correct?
[01:43:27.480 --> 01:43:29.480]   Yes.
[01:43:29.480 --> 01:43:35.480]   Okay. Under our state constitution, the only people that may prosecute in the name of the state
[01:43:35.480 --> 01:43:37.480]   is a county and district attorney.
[01:43:37.480 --> 01:43:45.480]   They're the only ones that can file and sign a proper information as a charging instrument.
[01:43:45.480 --> 01:43:49.480]   All of these things are requirements under the law.
[01:43:49.480 --> 01:43:51.480]   Right.
[01:43:51.480 --> 01:43:54.480]   That is and always should have been your defense.
[01:43:54.480 --> 01:43:58.480]   Hang on just a second. Let me get this next break.
[01:43:58.480 --> 01:44:00.480]   [Music]
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[01:46:01.480 --> 01:46:12.480]   [Music]
[01:46:12.480 --> 01:46:16.480]   Alright folks, we are now officially in the last segment of the show for tonight.
[01:46:16.480 --> 01:46:18.480]   We are still talking with Janet.
[01:46:18.480 --> 01:46:22.480]   I've got one other caller on the board that I will try to get to before the end of the show.
[01:46:22.480 --> 01:46:25.480]   I don't have a name. It's area code 916.
[01:46:25.480 --> 01:46:33.480]   So when I say hello area code 916, after I'm done with Janet, that will be your cue to tell me who you are and where you're calling from.
[01:46:33.480 --> 01:46:35.480]   Because the caller board does not currently tell me.
[01:46:35.480 --> 01:46:39.480]   Alright, Jane, I'm sorry Jane, I keep calling you Janet, I don't know why.
[01:46:39.480 --> 01:46:46.480]   But Jane, in any case, those points are what you should have been fighting this on to begin with.
[01:46:46.480 --> 01:46:51.480]   You did not receive due process according to state law.
[01:46:51.480 --> 01:46:56.480]   Because you have a right to due process according to state law,
[01:46:56.480 --> 01:47:04.480]   they never acquired jurisdiction because they violated your right to due process according to state law.
[01:47:04.480 --> 01:47:11.480]   Now that motion that you got from Randy for the traffic stuff that goes into that,
[01:47:11.480 --> 01:47:16.480]   that one you could have taken out all the stuff relative to the transportation code,
[01:47:16.480 --> 01:47:23.480]   and gone strictly with the points relative to the examining trial, and that would have been a start.
[01:47:23.480 --> 01:47:24.480]   I did.
[01:47:24.480 --> 01:47:29.480]   That would have at least addressed that point, or at least the majority of issues on that point.
[01:47:29.480 --> 01:47:32.480]   I did, but I didn't argue it.
[01:47:32.480 --> 01:47:39.480]   When I was in the trial, I didn't argue it because I had worked on another thing after that.
[01:47:39.480 --> 01:47:43.480]   So I did argue the constitution, and also...
[01:47:43.480 --> 01:47:48.480]   No, stop. The issue is never the constitution.
[01:47:48.480 --> 01:47:51.480]   The issue is subject matter jurisdiction.
[01:47:51.480 --> 01:47:58.480]   Well, I mean, I argued it with subject matter jurisdiction with the constitution,
[01:47:58.480 --> 01:48:08.480]   and also Texas Code of Criminal Procedure 2.01 and 2.02, and then 27.01, 27.08, and 09.
[01:48:08.480 --> 01:48:13.480]   Well, that's just it. The procedure you're after is in Chapter 16.
[01:48:13.480 --> 01:48:20.480]   It's not in 2.0 anything and 27.0 anything. It's in 16.
[01:48:20.480 --> 01:48:27.480]   Now those specific sections are in paramateria to what's in Chapter 16,
[01:48:27.480 --> 01:48:31.480]   but Chapter 16 is all about the examining trial and why it's a requirement.
[01:48:31.480 --> 01:48:38.480]   And it's not a requirement as a right you're entitled to as far as the examining trial itself goes.
[01:48:38.480 --> 01:48:45.480]   It's a right you're entitled to because it goes to due process in the performance of a legal duty
[01:48:45.480 --> 01:48:53.480]   they're required to perform, and you have a right to the due process that's attached to the performance of that duty.
[01:48:53.480 --> 01:48:57.480]   And they deprived you of it by not performing that duty.
[01:48:57.480 --> 01:49:08.480]   But I was trying to get them on their own, because they look at Chapter of the Government Code on 30.
[01:49:08.480 --> 01:49:13.480]   Again, don't base your defense on where they're going.
[01:49:13.480 --> 01:49:18.480]   Where they're coming from means nothing if they're not using the appropriate law.
[01:49:18.480 --> 01:49:26.480]   The Government Code does not overrule the Code of Criminal Procedure unless it specifically states that it does.
[01:49:26.480 --> 01:49:31.480]   The procedure is in the Code of Criminal Procedure.
[01:49:31.480 --> 01:49:41.480]   Some of the details relative to that procedure, how they're required to do the details, is what's in Chapter 30 and in Chapter 29.
[01:49:41.480 --> 01:49:45.480]   But it is not what governs the procedure.
[01:49:45.480 --> 01:49:50.480]   For instance, the procedure on filing motions is in the Code of Criminal Procedure.
[01:49:50.480 --> 01:50:00.480]   However, the details that those all pleadings in courts of record are required to be in writing are augmented in Chapter 30.
[01:50:00.480 --> 01:50:04.480]   But that's the details, it's not the procedure.
[01:50:04.480 --> 01:50:11.480]   Well, that's a little bit confusing, I guess to me I've got to figure that out, because which one is controlling over the other?
[01:50:11.480 --> 01:50:13.480]   The law has to be read as a whole.
[01:50:13.480 --> 01:50:19.480]   In other words, you have to read the Code of Criminal Procedure and the Government Code where they harmonize.
[01:50:19.480 --> 01:50:21.480]   If they can be harmonized.
[01:50:21.480 --> 01:50:26.480]   They're never in conflict until they directly contradict.
[01:50:26.480 --> 01:50:36.480]   They have to be read in a way that makes both of them work together, unless it's impossible for them to work together as they're written.
[01:50:36.480 --> 01:50:37.480]   Okay.
[01:50:37.480 --> 01:50:38.480]   Okay?
[01:50:38.480 --> 01:50:39.480]   Alright. Okay.
[01:50:39.480 --> 01:50:42.480]   Stop looking for what overrules.
[01:50:42.480 --> 01:50:48.480]   The rules on what overrules what are in Chapters 311 of the Government Code.
[01:50:48.480 --> 01:51:01.480]   And a local provision overrules a general provision, which is what the Code of Criminal Procedure is, if the local rule specifically says this is how you do it.
[01:51:01.480 --> 01:51:10.480]   But if it doesn't say this is how you do it regardless of how it's written over here, they have to be read together.
[01:51:10.480 --> 01:51:25.480]   Okay, but in Chapter 30, when it has specific areas in 29 where it says prosecutions, jurisdictions, and then it's also, you told me earlier that Texas Government Code 30 was controlling over the appeal.
[01:51:25.480 --> 01:51:30.480]   Because remember I was saying that I thought it was going to be five days, and it ended up being ten, because that's what Chapter 30 said.
[01:51:30.480 --> 01:51:31.480]   Correct.
[01:51:31.480 --> 01:51:35.480]   Well, that's where the two conflict in a way that can't be read together and reconciled.
[01:51:35.480 --> 01:51:48.480]   The Code of Criminal Procedure says five days, which is the general limit, and in a court of record under Chapter 30 of the Government Code, the period of time is ten days, which is local and specific.
[01:51:48.480 --> 01:51:52.480]   Five days can't be reconciled when ten days, can it?
[01:51:52.480 --> 01:51:54.480]   No, it can't be.
[01:51:54.480 --> 01:52:01.480]   Okay, so in that case, the local and specific provision under Chapter 30 is then controlling.
[01:52:01.480 --> 01:52:07.480]   Okay, so then on the -- I know you've got to get another caller. I've just got one more thing.
[01:52:07.480 --> 01:52:24.480]   Where it tells them -- because I was asking about that, how it controls over what it tells the Municipal Courts of Record to do from Chapter 30, because in that aspect, as far as prosecutions and jurisdictions -- let's see what it was.
[01:52:24.480 --> 01:52:42.480]   It says, oh, about completing. It says that Municipal Courts of Record had to go by Chapter 45 and Chapter 27, which Chapter 27.01 for the Texas Code of Criminal Procedure says that they have to file an information.
[01:52:42.480 --> 01:52:43.480]   Correct.
[01:52:43.480 --> 01:52:45.480]   You know what I'm saying?
[01:52:45.480 --> 01:52:51.480]   And the thing about it is that city attorneys can't file an information. Only the county or district attorney can.
[01:52:51.480 --> 01:52:57.480]   Right. But they don't bring up Chapter 27. They just bring up 45.
[01:52:57.480 --> 01:53:01.480]   What specific section of Chapter 30 are you reading?
[01:53:01.480 --> 01:53:11.480]   That one was -- I think that one was prosecution. It was just at the very beginning of it. So, because I was under the impression that Chapter 30 --
[01:53:11.480 --> 01:53:18.480]   Well, read it and find the section you're talking about that specifically references Chapter 27 and Chapter 2.
[01:53:18.480 --> 01:53:19.480]   Okay.
[01:53:19.480 --> 01:53:21.480]   And email that to me.
[01:53:21.480 --> 01:53:23.480]   Okay, I will. All right.
[01:53:23.480 --> 01:53:24.480]   All right.
[01:53:24.480 --> 01:53:25.480]   Okay.
[01:53:25.480 --> 01:53:27.480]   Well, thanks for calling, and I'll talk to you after a while, okay?
[01:53:27.480 --> 01:53:29.480]   All right. Sounds good. Thanks. Bye-bye.
[01:53:29.480 --> 01:53:30.480]   All right. Bye-bye.
[01:53:30.480 --> 01:53:36.480]   All right. Area Code 916, you are up. Who am I talking to?
[01:53:36.480 --> 01:53:49.480]   Yes. Hi. My name is Analia, and I'm having a legal issue. I have a complaint filed for 16 felony charges.
[01:53:49.480 --> 01:53:51.480]   Okay. What state are you in?
[01:53:51.480 --> 01:53:53.480]   I'm in California.
[01:53:53.480 --> 01:53:57.480]   Okay. You have felony charges pending in California.
[01:53:57.480 --> 01:54:07.480]   Yes. And, yeah, basically there was a search warrant that I believe was unlawful that was --
[01:54:07.480 --> 01:54:15.480]   Hey, why do you believe it was unlawful? And remember, we're on borrowed time here. I've got four and a half minutes, and I can only give you four of those.
[01:54:15.480 --> 01:54:23.480]   Okay. Well, it was from the Fish and Game Agency, and I don't have any contract with them.
[01:54:23.480 --> 01:54:29.480]   What does a contract have to do with it? What were you doing that they made these charges?
[01:54:29.480 --> 01:54:40.480]   So they flew over the property, and they saw greenhouses on the property that were fully enclosed, and they took a picture,
[01:54:40.480 --> 01:54:54.480]   and they gave that to a different officer who's sworn on the affidavit, and he enhanced the pictures and found cannabis plants in there.
[01:54:54.480 --> 01:54:57.480]   And so that's how they got the search warrant.
[01:54:57.480 --> 01:55:01.480]   I thought cannabis was legalized in California.
[01:55:01.480 --> 01:55:08.480]   A lot of people say that, but it depends on the county that you're in and, I guess, a lot of different things.
[01:55:08.480 --> 01:55:13.480]   Not if it's legalized by state law. The county's got nothing to do with it.
[01:55:13.480 --> 01:55:18.480]   If state law made it legal, the county has no say-so in it.
[01:55:18.480 --> 01:55:24.480]   Well, the state law says, I believe, six plants is the state minimum.
[01:55:24.480 --> 01:55:28.480]   The state minimum or the state maximum?
[01:55:28.480 --> 01:55:36.480]   The state minimum -- or, sorry, I don't know if that's minimum or maximum, but that's, I think, minimum.
[01:55:36.480 --> 01:55:38.480]   That's the minimum.
[01:55:38.480 --> 01:55:43.480]   Okay, so the state's saying that you can have no less than six marijuana plants?
[01:55:43.480 --> 01:55:49.480]   I guess it would be -- I don't know. Do you know if that's the minimum, maximum, six plants?
[01:55:49.480 --> 01:55:51.480]   It's completely outlawed in the state of California.
[01:55:51.480 --> 01:55:56.480]   Okay, so it can't be outlawed. You're allowed to have at least six, I believe.
[01:55:56.480 --> 01:56:02.480]   They say that, but you can't grow them outside. They have to be in an uninhabited dwelling.
[01:56:02.480 --> 01:56:07.480]   Okay, so that's what the county ordinance says, which is based on statutes and codes.
[01:56:07.480 --> 01:56:12.480]   Okay, again, I need to see the state law, okay?
[01:56:12.480 --> 01:56:18.480]   The county can't set the criminal content of the state law. The state law has to do that.
[01:56:18.480 --> 01:56:24.480]   So, because anything the county does has to be an implementation of state law.
[01:56:24.480 --> 01:56:29.480]   The county doesn't write law. They can't make it up as they go.
[01:56:29.480 --> 01:56:32.480]   Well, yeah, the plants aren't really the big issue.
[01:56:32.480 --> 01:56:37.480]   It's that they found firearms when they came and did their search warrant, and so --
[01:56:37.480 --> 01:56:41.480]   Well, they always try to augment that if they can catch you in the commission of one crime,
[01:56:41.480 --> 01:56:47.480]   and they catch you doing it while you have possession of a firearm, they can enhance the charges.
[01:56:47.480 --> 01:56:53.480]   Right, so that's -- yeah, I think that's what they're trying to do.
[01:56:53.480 --> 01:56:59.480]   Okay, well, the first thing I'm going to need to do is read the state law they're coming after you under.
[01:56:59.480 --> 01:57:02.480]   Do you know what it is?
[01:57:02.480 --> 01:57:11.480]   I have the complaint. I can -- are you talking about, like, from the complaint?
[01:57:11.480 --> 01:57:16.480]   Well, I don't know if the complaint's required to have the actual state law written on it or not.
[01:57:16.480 --> 01:57:19.480]   It may or it may not.
[01:57:19.480 --> 01:57:27.480]   But the charge has to be coming from some state law or some federal law.
[01:57:27.480 --> 01:57:37.480]   Yeah, they listed -- yeah, I'm pulling up the file right here.
[01:57:37.480 --> 01:57:42.480]   So --
[01:57:42.480 --> 01:57:48.480]   Do you have copies of the documents on a computer, or do you have them a hard copy only?
[01:57:48.480 --> 01:57:51.480]   No, I have them all on a computer.
[01:57:51.480 --> 01:57:52.480]   Okay.
[01:57:52.480 --> 01:57:53.480]   Yeah, it's like PC3.
[01:57:53.480 --> 01:58:00.480]   Then what I need -- what I would like for you to do, if you're willing to do so, is send me copies of what you've got electronically.
[01:58:00.480 --> 01:58:06.480]   If it's small enough, email it to eddie@ruleoflawradio.
[01:58:06.480 --> 01:58:12.480]   If it's not, put it up on a Google or Microsoft OneDrive,
[01:58:12.480 --> 01:58:18.480]   and then send me a link to the folder where I can download it so I can look at what is going on,
[01:58:18.480 --> 01:58:23.480]   because it's going to be very hard for me to answer your questions without knowing what they can charge you with
[01:58:23.480 --> 01:58:25.480]   and how they're trying to do it.
[01:58:25.480 --> 01:58:28.480]   Okay, yeah, I'll email you that right now.
[01:58:28.480 --> 01:58:31.480]   And you said you're just about out of time, I think.
[01:58:31.480 --> 01:58:32.480]   Yes.
[01:58:32.480 --> 01:58:34.480]   I don't know.
[01:58:34.480 --> 01:58:38.480]   Yes, I've got less than 20 seconds, so I've got to let you go.
[01:58:38.480 --> 01:58:41.480]   But send me the email, and we'll start up a conversation, okay?
[01:58:41.480 --> 01:58:44.480]   Okay, thank you so much. I really appreciate it.
[01:58:44.480 --> 01:58:45.480]   Yes, ma'am.
[01:58:45.480 --> 01:58:49.480]   All right, folks, this has been the Monday Night Rule of Law Radio Show with your host, Eddie Craig.
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