ROL_2014-03-24_16k.timecode

[00:00.000 --> 00:07.600]  This is the Liberty Beat, your daily source for Liberty news and activist updates, online
[00:07.600 --> 00:09.520]  at thelibertybeat.com.
[00:09.520 --> 00:14.520]  I'm Brian Hagan with your Liberty Beat for Monday, March 24th, 2014.
[00:14.520 --> 00:24.080]  Gold opened today at $1,318, silver opened at $20.07, and Bitcoin is trading at $561.36.
[00:24.080 --> 00:27.640]  Support for the Liberty Beat comes from Bitmain Technology.
[00:27.640 --> 00:32.360]  Owners of the Antminer S1-180 GigaHash Bitcoin Miner.
[00:32.360 --> 00:36.000]  No pre-order, ships on time, and sometimes it's early.
[00:36.000 --> 00:39.680]  Buy yours today at bitmaintech.com.
[00:39.680 --> 00:44.440]  Support also comes from Affordable Sound, CD and DVD duplication, along with posters
[00:44.440 --> 00:52.880]  and promotions materials, online at affordablesound.com, or call them 512-459-5253.
[00:52.880 --> 00:58.480]  It also comes from SovereignBTC, media, marketing, and consulting for the Bitcoin ecosystem,
[00:58.480 --> 01:01.400]  online at sovereignbtc.com.
[01:01.400 --> 01:07.580]  In the news, the NSA is being accused of tapping into the networks of Huawei, the Chinese telecom
[01:07.580 --> 01:09.600]  and internet giant.
[01:09.600 --> 01:14.640]  Documents released by former NSA contractor Edward Snowden reveal the NSA accessed Huawei's
[01:14.640 --> 01:19.680]  email archive, communications between top company officials, internal documents, and
[01:19.680 --> 01:23.000]  secret source code related to company products.
[01:23.000 --> 01:26.960]  The accusations are being reported on the websites of both the New York Times and Der
[01:26.960 --> 01:29.280]  Spiegel.
[01:29.280 --> 01:33.280]  Despite leaked documents from Snowden, local police departments around the nation continue
[01:33.280 --> 01:37.080]  to remain tight-lipped on the tool known as Stingray.
[01:37.080 --> 01:42.360]  Stingray is a suitcase-sized device that allows the user to fool cell phones into believing
[01:42.360 --> 01:46.120]  it's a cell tower so it can easily collect data.
[01:46.120 --> 01:49.840]  One of the reasons little is known about the device is because the manufacturer insists
[01:49.840 --> 01:53.800]  on non-disclosure agreements with police departments.
[01:53.800 --> 01:57.400]  Those agreements forbid police departments from revealing how the tool is used, what
[01:57.400 --> 02:02.760]  information is captured, and how often they are used.
[02:02.760 --> 02:07.440]  Former President Jimmy Carter doesn't use email for discussing sensitive information.
[02:07.440 --> 02:12.080]  The 89-year-old Carter told NBC News Sunday when he wants to communicate with a foreign
[02:12.080 --> 02:15.680]  leader, he relies only on the traditional postal service.
[02:15.680 --> 02:21.720]  Carter says he chooses to do so because he believes his online activity is being monitored.
[02:21.720 --> 02:25.120]  Support for Liberty V comes from Dorothy Arminger at Cap Star Lending.
[02:25.120 --> 02:28.280]  Dorothy can walk you through the ins and outs of buying a home.
[02:28.280 --> 02:37.840]  Give her a call 512-343-6494 or apply online at calledorothy.com and MLS-216-624.
[02:37.840 --> 02:42.640]  Support also comes from Solay School, enrolling children age 5 through 10 in Austin.
[02:42.640 --> 02:46.800]  Visit sol.school.com.
[02:46.800 --> 02:52.000]  And support comes from Brave New Books, online at bravenewbookstore.com.
[02:52.000 --> 02:56.520]  This is the Liberty V for Monday, March 24, 2014.
[02:56.520 --> 03:13.440]  Check out the website, thelibertyv.com.
[03:13.440 --> 03:31.920]  I'm
[03:31.920 --> 03:39.200]  too far, yeah, they didn't get too far.
[03:39.200 --> 03:43.360]  Grandpappy told my pappy back in my day, son,
[03:43.360 --> 03:47.280]  a man had to answer for the wicked that he'd done.
[03:47.280 --> 03:50.880]  He'd take all the rope in Texas by the tall old tree,
[03:50.880 --> 03:56.880]  round up all of them bad boys, hang them high in the street,
[03:56.880 --> 04:01.280]  for all the people to see.
[04:01.280 --> 04:04.880]  That justice is the one thing you should always find,
[04:04.880 --> 04:09.200]  you gotta saddle up your boys, you gotta draw a hard line.
[04:09.200 --> 04:13.040]  When the gun folks settles, we'll sing a victory tune,
[04:13.040 --> 04:17.440]  and we'll all be back at the local snow.
[04:17.440 --> 04:22.240]  We'll raise up our glasses against evil forces singing,
[04:22.240 --> 04:30.400]  Westgate for my men, beer for my horses.
[04:30.400 --> 04:34.560]  All right, folks, good evening. This is the Monday Night Rule of Law radio show.
[04:34.560 --> 04:39.600]  It is March 24th, 2014. We're going to be a little while before
[04:39.600 --> 04:42.080]  we start taking calls tonight. We're going to go through
[04:42.080 --> 04:46.800]  a role-playing scenario here. I've got my friend Johnny Ndingma on with me tonight.
[04:46.800 --> 04:52.320]  He is going to play our traffic cop for us, and I am going to go through
[04:52.320 --> 04:56.320]  a partial demonstration of how things are going to work in the courtroom
[04:56.320 --> 04:59.680]  when we start bringing up issues of these officers
[04:59.680 --> 05:05.440]  that have run your plate either via the automatic license plate reader,
[05:05.440 --> 05:10.160]  or by just arbitrarily picking a car out of traffic because they pulled up behind
[05:10.160 --> 05:14.960]  it and ran the number. Now, there's a problem with them doing
[05:14.960 --> 05:19.360]  this, and so I'm going to explain the issues with this, and
[05:19.360 --> 05:23.040]  Johnny, if you feel I'm missing something, feel free to chime in.
[05:23.040 --> 05:26.480]  But what we're going to get into on this is this.
[05:26.480 --> 05:30.640]  During this scenario, we're going to play out according to the way due process is
[05:30.640 --> 05:35.440]  supposed to work. Now, we have several issues in our favor
[05:35.440 --> 05:42.080]  here. The first one is that any information brought into a courtroom
[05:42.080 --> 05:47.440]  via a computer interface is automatically considered hearsay
[05:47.440 --> 05:52.240]  according to court rulings, which Johnny is all pretty much familiar with
[05:52.240 --> 05:55.680]  in that he's the one that provided me with a lot of the case law on it.
[05:55.680 --> 06:01.760]  But when an officer attempts to testify to computer-generated information,
[06:01.760 --> 06:07.200]  and that officer has zero knowledge as to the source of the information, the
[06:07.200 --> 06:10.480]  input method, the storage method, the retrieval method,
[06:10.480 --> 06:14.400]  or anything as to what the data is he will be getting
[06:14.400 --> 06:18.400]  back, in other words, no firsthand knowledge of any of it,
[06:18.400 --> 06:22.160]  then that information is strictly hearsay, and the officer
[06:22.160 --> 06:26.800]  cannot testify to it. Now, if I missed anything in that, Johnny,
[06:26.800 --> 06:30.160]  chime in. Did I? No, that's pretty accurate. If
[06:30.160 --> 06:36.880]  the data in a computer in any way relies on human input,
[06:36.880 --> 06:40.640]  then it is, regardless of the form in which it comes out of the
[06:40.640 --> 06:44.320]  computer, it is considered to be put into the
[06:44.320 --> 06:47.440]  computer by an out-of-court declarant, which makes it
[06:47.440 --> 06:50.240]  hearsay. If the data that comes out of the
[06:50.240 --> 06:53.680]  computer is the result of a computer's internal
[06:53.680 --> 06:57.760]  functions, such as counting records or, you know,
[06:57.760 --> 07:01.760]  you know, breathalyzer. An actual mathematical calculation of some sort?
[07:01.760 --> 07:06.000]  Correct. Then it is not hearsay. But if the human being put that
[07:06.000 --> 07:09.600]  data into the computer, then it is hearsay. Okay.
[07:09.600 --> 07:13.120]  Now, given that, the other part of the scenario is
[07:13.120 --> 07:16.960]  the data that's being accessed by that computer system
[07:16.960 --> 07:23.840]  is protected private data. No one is allowed to arbitrarily access
[07:23.840 --> 07:27.760]  that data that is in those protected databases
[07:27.760 --> 07:34.080]  without a justifiable reason. And in the case of law enforcement,
[07:34.080 --> 07:41.200]  I want to, or its policy is not a justifiable reason.
[07:41.200 --> 07:46.400]  In the case of law enforcement, they are only allowed to conduct an investigation
[07:46.400 --> 07:52.320]  if someone or themselves has seen or reported
[07:52.320 --> 07:57.520]  a criminal act. They have to have some sort of reasonable suspicion
[07:57.520 --> 08:03.680]  or probable cause to invoke coverage of their official duty.
[08:03.680 --> 08:06.720]  If they're doing something that doesn't involve
[08:06.720 --> 08:09.920]  an interaction with the public based upon law,
[08:09.920 --> 08:14.640]  then they're not allowed to be doing it. So when they arbitrarily
[08:14.640 --> 08:18.960]  enter this information from a license plate or via an automatic scan of these
[08:18.960 --> 08:24.080]  license plate readers and they access that data, this officer
[08:24.080 --> 08:29.680]  has not yet witnessed any criminal act that would give them reasonable
[08:29.680 --> 08:34.080]  suspicion or justifiable probable cause. Now, here's the other
[08:34.080 --> 08:37.760]  problem. Most of them will say during the course
[08:37.760 --> 08:41.520]  of questioning or whatever that it is the policy of their
[08:41.520 --> 08:45.920]  department to do this to see whether or not the owner of the car has any
[08:45.920 --> 08:49.440]  outstanding warrants or tickets or blah blah blah.
[08:49.440 --> 08:53.680]  The problem is, is they have no way of knowing if the person
[08:53.680 --> 08:58.960]  in the car is the owner. They have no way of knowing that when they run that
[08:58.960 --> 09:03.440]  information. So saying that they ran it to see if the
[09:03.440 --> 09:08.560]  owner had any warrants, that's completely
[09:08.560 --> 09:11.840]  fabricated method of creating probable cause.
[09:11.840 --> 09:15.200]  Because they had no way of knowing that the person behind the wheel
[09:15.200 --> 09:21.760]  was the owner. So that's not justifiable. In any common sense,
[09:21.760 --> 09:26.240]  real interpretation of the fourth and fifth amendments,
[09:26.240 --> 09:30.080]  you can't do those searches, you can't get information from that individual, you
[09:30.080 --> 09:32.240]  can't get them to provide you with information
[09:32.240 --> 09:35.920]  based upon the possibility that someone else
[09:35.920 --> 09:40.000]  may have outstanding warrants or have committed some
[09:40.000 --> 09:46.640]  at. What they're trying to do is transference. They are trying to
[09:46.640 --> 09:51.520]  transfer the possibility that there's a warrant
[09:51.520 --> 09:57.600]  or previous criminal history for the person who actually owns the
[09:57.600 --> 10:00.720]  car in front of them or wherever it is when they actually
[10:00.720 --> 10:05.200]  scan it and run it. And so they're going to transfer that
[10:05.200 --> 10:08.480]  criminal possibility to whoever's currently
[10:08.480 --> 10:12.800]  in the car in order to initiate an investigation
[10:12.800 --> 10:18.080]  for something that hasn't actually happened in their presence or view.
[10:18.080 --> 10:21.840]  And 14.01 of the Code of Criminal Procedure, both
[10:21.840 --> 10:27.280]  section A and section B, require that the criminal offense be committed
[10:27.280 --> 10:31.600]  in the officer's presence or view. Same thing applies in the transportation
[10:31.600 --> 10:36.800]  code under 543.001, except there the language is
[10:36.800 --> 10:42.720]  found committing. Well, how do you find something unless you're present to
[10:42.720 --> 10:46.400]  lay hands on it or to see it for yourself?
[10:46.400 --> 10:50.400]  How can you know it was being committed unless you saw it?
[10:50.400 --> 10:55.440]  So found committing can't be reasonably interpreted to mean anything other than
[10:55.440 --> 10:58.560]  what their lawful authority is under 14.01,
[10:58.560 --> 11:05.360]  which is presence or view. Okay? So these are the things we're going to
[11:05.360 --> 11:09.360]  be considering. Unlawful search and seizure,
[11:09.360 --> 11:13.280]  dis-transference, and so on and so forth. What was their probable cause? What was
[11:13.280 --> 11:16.560]  their reasonable suspicion? These are the things we're going to go
[11:16.560 --> 11:19.920]  into formulating our cross-examination of the officer
[11:19.920 --> 11:25.680]  on the stand for. Now right now there are a lot of tickets being issued out there
[11:25.680 --> 11:29.520]  for no insurance, no registration. Those are the two we're going to deal
[11:29.520 --> 11:32.640]  with in this, but we're not going to do it with a
[11:32.640 --> 11:37.120]  merits argument. I will not ask a merits question relating
[11:37.120 --> 11:42.640]  to insurance or registration in my cross-examination.
[11:42.640 --> 11:48.640]  I am going to go strictly to the attack on the fact that the search of that
[11:48.640 --> 11:52.320]  information and its retrieval was actually
[11:52.320 --> 11:56.560]  illegal, making the officer stop and arrest
[11:56.560 --> 12:02.160]  illegal. Therefore, everything they got is now fruit of the poison tree and they
[12:02.160 --> 12:06.720]  cannot use it. In fact, if they refuse to dismiss,
[12:06.720 --> 12:10.320]  I'm going to get it overturned on appeal as an unlawful search
[12:10.320 --> 12:14.000]  and they're going to get sued for malicious prosecution.
[12:14.000 --> 12:17.120]  That's where we're going to go with this scenario.
[12:17.120 --> 12:22.000]  Now Johnny, you follow all that? Yep. And you're up to the task on the officer's
[12:22.000 --> 12:26.480]  side of things? I hope so. All right, well this is where
[12:26.480 --> 12:29.040]  we're going to start the foundation of this.
[12:29.040 --> 12:32.320]  The prosecution has already gone through the scenario
[12:32.320 --> 12:36.960]  of getting testimony from the officer. We have made our proper objections
[12:36.960 --> 12:41.200]  according to the practice script regarding not engage in transportation.
[12:41.200 --> 12:44.720]  We're going to go through this as if we did not produce any of the information
[12:44.720 --> 12:48.720]  demanded per the script and that there has been
[12:48.720 --> 12:53.360]  no admitting that we were ever engaged in transportation.
[12:53.360 --> 12:57.120]  But we're going to deal with this illegal search without going to merits
[12:57.120 --> 13:01.920]  and destroying that foundation. Remember, the moment you go to merits
[13:01.920 --> 13:06.560]  in a transportation case, you are admitting transportation is at
[13:06.560 --> 13:12.720]  issue. If you admit it's at issue, then that defense is gone.
[13:12.720 --> 13:18.800]  So we don't go to merits. So given that, we're going to set this up.
[13:18.800 --> 13:22.160]  We're just going to call him Officer Enigma
[13:22.160 --> 13:25.760]  and we're going to go through our basic set of questions on what he's
[13:25.760 --> 13:29.600]  previously testified to to start laying the foundation for what
[13:29.600 --> 13:34.720]  we want to know in relation to this search of data.
[13:34.720 --> 13:37.920]  All right, Officer Enigma, you said that you were
[13:37.920 --> 13:42.080]  an officer employed with the Austin Police Department. Is that correct?
[13:42.080 --> 13:45.840]  That's correct. And you testify that you've been an officer with the Austin
[13:45.840 --> 13:49.200]  Police Department approximately 15 years. Is that correct?
[13:49.200 --> 13:56.000]  That's correct. And on the date and time at issue here, can you please
[13:56.000 --> 14:00.400]  describe a little more detail than what you
[14:00.400 --> 14:06.240]  answered for the prosecution as to exactly what you used
[14:06.240 --> 14:12.560]  as your basis for initiating this traffic stop of my car?
[14:12.560 --> 14:18.960]  Certainly. On the day of the encounter, I was behind your vehicle at a
[14:18.960 --> 14:22.560]  red light. Objection to the use of the term vehicle assumes facts not in
[14:22.560 --> 14:25.040]  evidence not previously agreed to and requires
[14:25.040 --> 14:31.520]  a legal conclusion by the fact witness. That will be overruled and we will
[14:31.520 --> 14:33.920]  continue. I just want everybody to understand
[14:33.920 --> 14:38.400]  in real world practice that's your objection when you hear the deadly sins.
[14:38.400 --> 14:41.680]  Yeah, and the officer is just going to keep on saying right what he said before.
[14:41.680 --> 14:45.440]  Yes. So I'll do that. Okay, so on the evening in question,
[14:45.440 --> 14:49.520]  I was behind your vehicle that stopped at a red light.
[14:49.520 --> 14:55.920]  I ran your license plates, just doing some checks, and
[14:55.920 --> 15:00.000]  put your license plate into the computer. The computer came back and said that you
[15:00.000 --> 15:04.000]  had no valid registration and no valid insurance
[15:04.000 --> 15:08.400]  on the vehicle. Okay, so let me be clear here. You said
[15:08.400 --> 15:11.280]  that you ran the plate. By running the plate,
[15:11.280 --> 15:14.720]  are you referring to the act of actually entering
[15:14.720 --> 15:18.800]  the license plate number into the computer system in your cruiser?
[15:18.800 --> 15:23.040]  I typed your license plate number that appeared on your vehicle
[15:23.040 --> 15:26.640]  into the computer that is in my cruiser, did a check,
[15:26.640 --> 15:30.400]  the check came back and said that there was no valid registration and no valid
[15:30.400 --> 15:33.280]  insurance on the vehicle. And that's what you refer to as
[15:33.280 --> 15:39.440]  running my plate. That's correct. Okay, now at the time that you entered that
[15:39.440 --> 15:44.400]  number into your computer system, what
[15:44.400 --> 15:48.880]  had occurred just prior to that?
[15:49.680 --> 15:55.840]  Well, I noticed you, in my opinion, you were coming down the street a little
[15:55.840 --> 15:59.440]  bit fast. Objection. The officer is stating an
[15:59.440 --> 16:03.920]  opinion, not a fact. He has not been sworn in as an expert witness and his opinion
[16:03.920 --> 16:06.880]  is inadmissible.
[16:07.040 --> 16:14.160]  Just prior to the stop, I observed you passing a line of other traffic quickly.
[16:14.160 --> 16:18.000]  You and another pack of traffic took off from the previous stoplight at the same
[16:18.000 --> 16:21.200]  time. You ended up at the next stoplight way ahead of them.
[16:21.200 --> 16:27.600]  So I pulled in behind you and ran your plates, see if you make sure that
[16:27.600 --> 16:30.480]  everything was okay, make sure that the car was not reported
[16:30.480 --> 16:34.480]  stolen, make sure that there were no emergencies or anything of that nature.
[16:34.480 --> 16:39.040]  And when I put the information from your license plate into my computer,
[16:39.040 --> 16:42.480]  it came back and said you have no valid registration
[16:42.480 --> 16:46.640]  and no valid insurance. All right folks, we're going to take a quick break. We're
[16:46.640 --> 16:49.760]  going to pick this up on the other side, so y'all hold that thought,
[16:49.760 --> 16:54.320]  keep in place, and we will be right back on the other side with rule of law radio.
[16:54.320 --> 16:57.120]  Y'all hang in there.
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[19:01.760 --> 19:09.280]  You are listening to the Logos Radio Network, the LogosRadioNetwork.com
[19:09.280 --> 19:11.280]  and
[19:30.160 --> 19:34.480]  all right folks we are back this is rule of law radio and we are going to
[19:34.480 --> 19:38.160]  continue with our little practice session on cross-examination
[19:38.160 --> 19:42.160]  uh in the courtroom for an officer that has accessed your information via their
[19:42.160 --> 19:45.040]  computer by running your license plate either
[19:45.040 --> 19:49.760]  manually or via automatic scanner now just to refresh remember before we went
[19:49.760 --> 19:55.440]  to break the officer had testified that he it was his opinion that i may have
[19:55.440 --> 19:59.920]  been traveling faster than other traffic uh when i
[19:59.920 --> 20:04.240]  reached ahead a red light in front of other cars that i had
[20:04.240 --> 20:09.440]  began as a member of their group and had out accelerated them
[20:09.440 --> 20:13.600]  and so his premise was that i was potentially going faster than the speed
[20:13.600 --> 20:20.080]  limit so now we're going to pick up my question to that statement on the stand
[20:20.080 --> 20:24.960]  now officer enigma you say that you saw my car
[20:24.960 --> 20:29.680]  reach this red light ahead of the group of cars that i had started out with is
[20:29.680 --> 20:34.080]  that correct that is correct and did you at any time
[20:34.080 --> 20:37.200]  clock me in any way to determine whether or not i was
[20:37.200 --> 20:43.120]  exceeding the posted speed limit i i didn't have my radar going at the
[20:43.120 --> 20:49.360]  time but i am trained to properly estimate speeds and the
[20:49.360 --> 20:52.960]  and in a road location like where we were
[20:52.960 --> 20:56.400]  could you please tell me what the distance is between the light where i
[20:56.400 --> 20:59.120]  had originally stopped and the one where you say i
[20:59.120 --> 21:04.240]  came up to and you pulled in behind me uh the stop lights are approximately a
[21:04.240 --> 21:08.400]  quarter of a mile apart a quarter of a mile apart and in that
[21:08.400 --> 21:14.720]  quarter mile uh did you see me uh spin my tires
[21:15.840 --> 21:19.040]  are you talking about peeling out yes no i didn't
[21:19.040 --> 21:24.320]  so there was no exhibition of a set of acceleration to your knowledge
[21:24.320 --> 21:27.760]  uh there could be exhibition of acceleration you the you
[21:27.760 --> 21:31.840]  were in the front of a pack at the previous stop lights
[21:31.840 --> 21:36.320]  by you arrived at the next stop light where i pulled in behind you
[21:36.320 --> 21:40.560]  approximately 15 seconds before the rest of the pack all the
[21:40.560 --> 21:44.640]  the other packs stayed together you were well ahead of them
[21:44.640 --> 21:48.080]  and passing another line of traffic quickly to get to
[21:48.080 --> 21:52.320]  the stop light where i pulled in behind you and is it at all possible that the
[21:52.320 --> 21:56.560]  rest of that pack of cars was traveling at a slower rate than the
[21:56.560 --> 22:01.120]  post of speed limit i think it's possible but unlikely it
[22:01.120 --> 22:04.880]  was possible but unlikely is that a fact or your opinion
[22:04.880 --> 22:08.240]  uh i i believe that it's very unlikely in my again
[22:08.240 --> 22:14.080]  non-responsive i object was that a fact or is it simply your opinion
[22:14.080 --> 22:18.640]  i didn't clock everybody you didn't clock anybody isn't that the truth
[22:18.640 --> 22:22.880]  that's correct nor did you have time in that quarter mile based upon what you
[22:22.880 --> 22:26.000]  said regarding all these things you observed to
[22:26.000 --> 22:29.600]  actually take an accurate measurement via visual methods to determine what
[22:29.600 --> 22:34.400]  speed i actually was traveling did you well again i i did observe you
[22:34.400 --> 22:38.320]  and i i do control that area quite regularly so i am familiar with how
[22:38.320 --> 22:40.640]  long it generally takes the flow of traffic
[22:40.640 --> 22:46.160]  to get from stop light a to stop by stop light b when i on the days that i do
[22:46.160 --> 22:50.720]  sit in radar in that area regularly and you arrived much quicker than is
[22:50.720 --> 22:54.880]  normal but you testified that i was at the front of the pack
[22:54.880 --> 22:58.480]  that's correct so i didn't have to go around any cars and there was no one
[22:58.480 --> 23:01.280]  blocking my lane of travel for me to get to the
[23:01.280 --> 23:05.520]  next light is that correct uh you did pass uh several cars that had
[23:05.520 --> 23:11.440]  pulled off of side streets very quickly uh when a car pulls into merging traffic
[23:11.440 --> 23:13.520]  isn't it usually going slower than the traffic
[23:13.520 --> 23:17.520]  in the lane it's pulling into on occasions yes
[23:17.520 --> 23:21.520]  on occasions somebody makes a 90 degree right hand turn into traffic and you
[23:21.520 --> 23:25.200]  think they're going as fast as the traffic when they get there
[23:25.200 --> 23:30.000]  when the there were several other vehicles that pulled off of side
[23:30.000 --> 23:32.960]  streets and made right hand turns before you came up on them
[23:32.960 --> 23:36.080]  and they were well well ahead of you within that quarter mile between the
[23:36.080 --> 23:38.960]  stop lights well considering that a quarter mile is
[23:38.960 --> 23:41.280]  relatively short well ahead of me would be
[23:41.280 --> 23:46.160]  in what perspective approximately half of that distance eighth of a mile
[23:46.160 --> 23:50.560]  an eighth of a mile so you can calculate distances so well
[23:50.560 --> 23:53.040]  visually that you don't even need to know
[23:53.040 --> 23:56.800]  exactly how far things are how fast they're going to know what they're doing
[23:56.800 --> 24:01.520]  correct i am trained to estimate uh speed
[24:01.520 --> 24:04.240]  without any without the use of any equipment
[24:04.240 --> 24:09.840]  okay uh could you please tell me the distance from my hand to the floor
[24:09.840 --> 24:14.640]  i would say approximately three feet three and a half feet
[24:14.640 --> 24:19.520]  really well i'm holding it way up over my head how can that be
[24:19.520 --> 24:22.400]  i can't see that
[24:23.760 --> 24:27.120]  okay the point being here folks that the officer is going to try to be evasive
[24:27.120 --> 24:30.560]  and johnny's doing a very good job of playing that role so just pay attention
[24:30.560 --> 24:33.040]  to it okay they will attempt to be evasive whenever
[24:33.040 --> 24:39.040]  possible okay but for the purposes of the rest of
[24:39.040 --> 24:42.160]  our questions here you neither got a speed reading of
[24:42.160 --> 24:48.320]  any kind nor did you charge me or accuse me of speeding from one light to
[24:48.320 --> 24:54.000]  the other did you that's correct so other than
[24:54.000 --> 24:59.680]  your probable opinion rather than any factual basis
[24:59.680 --> 25:03.680]  you didn't have any reasonable suspicion or probable cause to determine that a
[25:03.680 --> 25:05.760]  crime was being committed in your presence
[25:05.760 --> 25:11.200]  did you i believed that a a traffic violation had
[25:11.200 --> 25:16.080]  occurred based on my training to estimate speeds based on my
[25:16.080 --> 25:19.680]  familiarity with the with the area in question where i do
[25:19.680 --> 25:24.400]  routinely sit and and radar and based on my observation
[25:24.400 --> 25:28.400]  of you leaving from one stoplight along with
[25:28.400 --> 25:31.840]  with a with a with a pack of other vehicles and
[25:31.840 --> 25:35.520]  arriving well before that pack to the next stoplight
[25:35.520 --> 25:40.080]  but again you didn't mention anything about speeding
[25:40.080 --> 25:43.760]  in your police report you didn't mention anything about speeding
[25:43.760 --> 25:48.480]  when you approached my car window and you never indicated that you had
[25:48.480 --> 25:53.360]  pulled me over for anything related to speeding did you
[25:53.760 --> 25:56.960]  i believe that when i approached your window i asked you if
[25:56.960 --> 26:00.000]  if there was an emergency if everything was okay
[26:00.000 --> 26:03.760]  if there if you required any kind of but you still never mentioned anything
[26:03.760 --> 26:10.080]  regarding speeding did you that's correct and speeding was not your
[26:10.080 --> 26:15.440]  grounds for pulling me over was it your speeding is what
[26:15.440 --> 26:20.560]  initially caught my objection assertion of facts that are not before the court
[26:20.560 --> 26:24.320]  the officer has not proven speeding nor is there a speeding charge
[26:24.320 --> 26:30.480]  being made as i previously testified based on my
[26:30.480 --> 26:34.640]  observations of you leaving a pack of cars at one
[26:34.640 --> 26:38.000]  stoplight and arriving well before the the rest of the pack at another
[26:38.000 --> 26:43.600]  stoplight i pulled in behind you to make sure that
[26:43.600 --> 26:46.640]  you know there were there were no issues with the vehicle make sure the
[26:46.640 --> 26:49.520]  vehicle wasn't stolen yes from the use of the term vehicle
[26:49.520 --> 26:53.040]  assumes facts not in evidence not previously agreed to and requires legal
[26:53.040 --> 26:58.000]  conclusion by this witness to make sure that
[26:58.000 --> 27:01.600]  you had not called in any emergencies didn't require any assistance to make
[27:01.600 --> 27:06.960]  sure that the car was not stolen anything of that nature
[27:06.960 --> 27:12.000]  but in fact you had no evidence of any crime having been committed in your
[27:12.000 --> 27:17.440]  presence or view did you i did when i ran your plates the
[27:17.440 --> 27:21.360]  database told me that you did not have proper registration and properly
[27:21.360 --> 27:25.360]  proper insurance which are violations under the transportation code
[27:25.360 --> 27:28.800]  i'm referring to prior to the running of my plate
[27:28.800 --> 27:34.160]  you had no evidence of any crime having been committed in your presence or view
[27:34.160 --> 27:39.920]  did you i had suspicions based on your actions
[27:39.920 --> 27:43.360]  of what i observed of the way you were driving your vehicle
[27:43.360 --> 27:49.360]  did you have any evidence that i was speeding
[27:49.440 --> 27:55.120]  just my observations my trained observations your trained observation
[27:55.120 --> 27:58.720]  okay well considering that there are no centerline
[27:58.720 --> 28:04.080]  stripes on that section of road it's a four lane stretch of road is it not
[28:04.080 --> 28:08.960]  uh sure we'll call it that okay and the only lines on that road by
[28:08.960 --> 28:14.320]  which you could take such a measurement would be the center line between the
[28:14.320 --> 28:17.120]  four lanes are in the middle of the two separate
[28:17.120 --> 28:20.080]  sides is that correct
[28:20.400 --> 28:25.680]  yeah i'm sorry say that again in these four lanes there's a center stripe
[28:25.680 --> 28:30.160]  that goes down and divides the north and southbound lanes from each other isn't
[28:30.160 --> 28:34.240]  that correct that's correct but in that particular
[28:34.240 --> 28:40.640]  stretch of road between those two lights isn't that a solid line that's correct
[28:40.640 --> 28:44.240]  so there's no brake measurements in that line
[28:44.240 --> 28:47.600]  there are no brake measurements in the line there are multiple
[28:47.600 --> 28:52.320]  landmarks along the way and again i routinely patrol that area and sit in
[28:52.320 --> 28:57.040]  radar in that area and i'm very familiar with the normal flow of traffic
[28:57.040 --> 29:02.160]  so you didn't use the only method prescribed by visual measurement which
[29:02.160 --> 29:06.320]  is the absolute measurements between the stripes on the highway
[29:06.320 --> 29:11.600]  you used landmarks and guessing from your perspective
[29:11.600 --> 29:16.480]  i use landmarks and my training to estimate speed
[29:16.480 --> 29:20.640]  your training to estimate speed but you're basing it on landmarks from a
[29:20.640 --> 29:24.800]  particular vantage point correct that's correct so how many different
[29:24.800 --> 29:29.040]  vantage points along that particular part of road do you have
[29:29.040 --> 29:32.560]  do you routinely park at exactly the same spot or do you park in multiple
[29:32.560 --> 29:36.000]  places i usually park along the same stretch of
[29:36.000 --> 29:40.400]  road on either side of the road is approximately the same location
[29:40.400 --> 29:43.920]  all right we're going to take another break folks y'all hang on and we will be
[29:43.920 --> 29:48.080]  right back this is rule of law radio and this is my guest
[29:48.080 --> 30:02.160]  johnny enigma and we're going to keep playing this out so we'll be right back
[30:02.160 --> 30:06.000]  do you sleep with your cell phone if the answer is yes you might be among a
[30:06.000 --> 30:09.280]  growing number of folks who suffer from nomophobia
[30:09.280 --> 30:12.960]  i'm dr campereon albrecht and i'll tell you about people's growing fear of
[30:12.960 --> 30:17.840]  being disconnected next privacy is under attack when you
[30:17.840 --> 30:21.040]  give up data about yourself you'll never get it back again
[30:21.040 --> 30:25.280]  and once your privacy is gone you'll find your freedoms will start to vanish
[30:25.280 --> 30:28.400]  too so protect your rights say no to
[30:28.400 --> 30:31.440]  surveillance and keep your information to yourself
[30:31.440 --> 30:35.600]  privacy it's worth hanging on to this message is brought to you by
[30:35.600 --> 30:39.600]  startpage.com the private search engine alternative to google
[30:39.600 --> 30:44.800]  yahoo and bing start over with startpage
[30:44.800 --> 30:48.560]  do you take your cell phone into the bathroom or a panic if it's not in arms
[30:48.560 --> 30:51.360]  reach do you keep an extra phone on hand just
[30:51.360 --> 30:55.520]  in case your main phone stops working if you do any of these things you may
[30:55.520 --> 31:00.160]  have nomophobia or no mobile phobia the fear of being caught without your
[31:00.160 --> 31:03.280]  cell phone and you wouldn't be alone a recent survey
[31:03.280 --> 31:06.800]  finds two-thirds of us feel afraid without our cell phones
[31:06.800 --> 31:10.800]  that's a huge increase over just four years ago and the problem is even worse
[31:10.800 --> 31:15.040]  among young people where nearly eight out of ten people under 24 feel
[31:15.040 --> 31:19.840]  anxious when they're unplugged how could a technology that's supposed
[31:19.840 --> 31:23.040]  to simplify our lives have become such a burden
[31:23.040 --> 31:27.040]  i'm dr catherine albrecht for startpage.com the world's most private
[31:27.040 --> 31:29.680]  search engine
[31:31.360 --> 31:35.200]  this is building seven a 47-story skyscraper that fell
[31:35.200 --> 31:38.400]  on the afternoon of september 11 the government says that fire brought it
[31:38.400 --> 31:41.600]  down however 1500 architects and engineers have
[31:41.600 --> 31:45.760]  concluded it was a controlled demolition over 6 000 of my fellow service members
[31:45.760 --> 31:49.360]  have given their lives and thousands of my fellow first responders are dying
[31:49.360 --> 31:52.480]  i'm not a conspiracy theorist i'm a structural engineer i'm a new york city
[31:52.480 --> 31:56.000]  correction officer i'm an air force pilot i'm a father who lost his son we're
[31:56.000 --> 31:58.960]  americans and we deserve the truth go to
[31:58.960 --> 32:04.560]  remember building seven dot org today rule of law radio is proud to offer the
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[32:07.520 --> 32:10.240]  against them society and if we the people are ever going to have a free
[32:10.240 --> 32:13.600]  society then we're going to have to stand and defend our own rights
[32:13.600 --> 32:16.400]  among those rights are the right to travel freely from place to place the
[32:16.400 --> 32:19.600]  right to act in our own private capacity and most importantly the right to do
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[32:55.440 --> 32:59.120]  order your copy today and together we can have the free society we all want and
[32:59.120 --> 33:01.360]  deserve
[33:01.360 --> 33:09.280]  live free speech radio logos radio network dot com
[33:15.600 --> 33:21.520]  yeah i got a warrant and i'm gonna solve them
[33:21.520 --> 33:26.320]  to the head government them prosecute them
[33:26.320 --> 33:28.640]  okay
[33:28.640 --> 33:32.640]  oh
[33:32.640 --> 33:36.640]  this is a race
[33:42.000 --> 33:47.440]  well i need a prosecutor to come and help me prosecute them wicked leader you see
[33:47.440 --> 33:52.400]  the memory of a liar them tell them a liar not tell sweet stories
[33:52.400 --> 33:56.560]  we don't believe me say what them tell me three percent of america vote for
[33:56.560 --> 33:59.920]  me so how the hell do you get the presidency
[33:59.920 --> 34:04.800]  that's why we have a warrant for you everybody listen carefully listen to the
[34:04.800 --> 34:08.000]  world then the three shoes
[34:08.000 --> 34:11.040]  uh
[34:23.680 --> 34:28.000]  all right folks we are back this is rule of law radio
[34:28.000 --> 34:33.360]  all right now let's get back to our line of questioning i believe we were dealing
[34:33.360 --> 34:37.040]  with uh the distance markers and such between
[34:37.040 --> 34:41.120]  uh the two stoplights for the officer to take an accurate measurement
[34:41.120 --> 34:45.520]  so far the officer still has tried to avoid answering the question of lack of
[34:45.520 --> 34:48.800]  evidence of actually speeding or even bringing that up at the time of the
[34:48.800 --> 34:56.800]  stop the officer is attempting to use speeding as his alleged probable cause
[34:56.800 --> 35:01.920]  and or reasonable suspicion that would give him grounds to access the data in
[35:01.920 --> 35:05.120]  the database but we're going to try to get the officer
[35:05.120 --> 35:09.680]  to admit that he had no actual evidence of any of that at the time
[35:09.680 --> 35:13.120]  so he can't actually prove nor did he ever accuse
[35:13.120 --> 35:18.480]  anyone of an of a crime prior to accessing the data
[35:18.480 --> 35:24.240]  all right officer enigma let me be real clear on the way i want to
[35:24.240 --> 35:33.040]  this question answered here yes or no you had no actual evidence
[35:33.040 --> 35:38.080]  of any sort of transportation related crime
[35:38.080 --> 35:41.840]  prior to putting my license plate information
[35:41.840 --> 35:47.600]  into your computer that's correct
[35:47.600 --> 35:56.480]  the only thing you had was your opinion that i was possibly speeding
[35:56.480 --> 36:02.960]  but you made no attempt whatsoever to get a reading or take an actual
[36:02.960 --> 36:07.200]  measurement to determine what speed i was allegedly traveling
[36:07.200 --> 36:10.160]  is that correct
[36:11.040 --> 36:16.160]  at the time when i first observed i just need a yes or no officer
[36:16.160 --> 36:20.240]  you were going so fast i didn't have i need a yes or no officer
[36:20.240 --> 36:24.080]  that's correct you were going so fast i didn't have time objection
[36:24.080 --> 36:28.320]  prejudicial there is no evidence to support the
[36:28.320 --> 36:33.120]  statement by the officer i was going so fast
[36:34.400 --> 36:41.280]  one more time yes or no you had no opportunity
[36:41.280 --> 36:45.920]  and did not get any sort of reading whether electronic
[36:45.920 --> 36:53.440]  or calculated as to my alleged speed that's correct
[36:53.440 --> 36:58.240]  so you have no way of knowing whether or not i was speeding
[36:58.240 --> 37:02.880]  you are just attempting to use that as the basis for entering my license plate
[37:02.880 --> 37:07.280]  into your computer true or false
[37:07.920 --> 37:11.680]  i observed you going way faster than non-responsive
[37:11.680 --> 37:19.680]  true or false yes or no false false you just testified you had no
[37:19.680 --> 37:23.760]  evidence that you had no time to create an actual reading
[37:23.760 --> 37:28.240]  and you have no and you have made no evidentiary finding
[37:28.240 --> 37:32.000]  as to what speed i was allegedly traveling
[37:32.000 --> 37:38.320]  is that true i testified that i had reason to believe
[37:38.320 --> 37:41.360]  that you were speeding based on my objection
[37:41.360 --> 37:47.600]  you never stated any facts or produced any evidence to show that i was speeding
[37:47.600 --> 37:50.640]  did you that's correct and you were charged with
[37:50.640 --> 37:55.280]  speeding however your speed in relation to the rest of
[37:55.280 --> 37:59.680]  the the traffic on the roadway is objection the rest of the roadway
[37:59.680 --> 38:04.480]  traffic is not admissible here there's no evidence supporting that i
[38:04.480 --> 38:10.400]  was speeding true or false true
[38:10.400 --> 38:15.600]  therefore you had no evidence of an actual crime having been committed in
[38:15.600 --> 38:20.640]  your presence or view before you entered my information into your computer
[38:20.640 --> 38:24.800]  yes or no that's correct
[38:25.520 --> 38:29.840]  so when you entered my data into the computer
[38:29.840 --> 38:35.520]  did it bring you back any information it brought back quite a bit of
[38:35.520 --> 38:41.040]  information about your vehicle objection yes or no will do
[38:41.040 --> 38:48.000]  yes it did and this information that you received back on the computer system
[38:48.000 --> 38:51.920]  how much of that data did you personally enter into the system it was retrieved
[38:51.920 --> 38:54.160]  from
[38:54.720 --> 38:58.560]  the data that was returned yes the only thing i entered into the computer was
[38:58.560 --> 39:02.560]  your license plate number the information that your computer
[39:02.560 --> 39:06.320]  displayed to you after you entered that license plate number
[39:06.320 --> 39:11.680]  how much of that data did you personally enter into the database from which it
[39:11.680 --> 39:17.120]  was retrieved none of it none of it and do you have any
[39:17.120 --> 39:20.880]  personal knowledge whatsoever as to the means and method
[39:20.880 --> 39:25.280]  of how that data is entered into that computer system
[39:25.280 --> 39:28.560]  i know generally how it gets into the computer system
[39:28.560 --> 39:32.720]  do you have any direct personal knowledge of how it's entered into that
[39:32.720 --> 39:37.120]  computer system i have observed it being entered into
[39:37.120 --> 39:40.480]  the system at times but you've never entered it yourself
[39:40.480 --> 39:45.360]  that's correct and was it entered into the computer by another computer or was
[39:45.360 --> 39:49.440]  it entered into the computer by a live person
[39:49.440 --> 39:53.440]  a combination of both so you've seen a computer
[39:53.440 --> 39:57.040]  enter data into the computer
[39:57.040 --> 40:02.480]  does that say that again you've witnessed a computer entering data
[40:02.480 --> 40:06.560]  into the computer well i didn't witness it but i know how
[40:06.560 --> 40:09.600]  the computers are connected to one another and i know the general structure
[40:09.600 --> 40:15.040]  and how they communicate with one another you do i do good then can you
[40:15.040 --> 40:18.240]  please describe that relationship to the court
[40:18.240 --> 40:22.480]  sure uh when you purchase a motor vehicle or when a motor vehicle
[40:22.480 --> 40:26.240]  objection to the use of the term motor vehicle and vehicle assumes facts not
[40:26.240 --> 40:29.440]  in evidence not previously agreed to and requires a legal conclusion by this
[40:29.440 --> 40:34.480]  witness when a motor vehicle is sold or purchased
[40:34.480 --> 40:38.080]  uh in order for title to be acquired on that vehicle
[40:38.080 --> 40:41.600]  uh there's a transfer of title form that needs to be filled out
[40:41.600 --> 40:45.520]  uh the the information that both the buyer and
[40:45.520 --> 40:50.400]  the seller of the vehicle put on the form gets entered into a database
[40:50.400 --> 40:54.720]  um and it's it's replicated throughout several databases
[40:54.720 --> 41:00.400]  uh we share information with other municipalities and even other states
[41:00.400 --> 41:05.520]  and what agency is responsible for the entering of the data that you're
[41:05.520 --> 41:10.080]  discussing well the data comes from multiple sources
[41:10.080 --> 41:15.280]  uh vehicle identification numbers uh objection non-responsive the question
[41:15.280 --> 41:19.600]  was what agency is responsible for entering the data into the computer
[41:19.600 --> 41:23.520]  system that you're discussing for the most part department of motor
[41:23.520 --> 41:26.320]  vehicles but it also comes from other agencies
[41:26.320 --> 41:32.960]  such as uh leads uh it comes from we get information through private
[41:32.960 --> 41:37.280]  corporations we get information uh from other states we get information
[41:37.280 --> 41:41.600]  from uh car dealers we get information from
[41:41.600 --> 41:46.080]  a number of different places and how many of these other entities have
[41:46.080 --> 41:52.000]  you worked for none so you've never sat in any of these
[41:52.000 --> 41:55.120]  entities and entered any of this data yourself
[41:55.120 --> 42:03.200]  that's correct so how do you have such familiarity with how it all works
[42:03.200 --> 42:07.600]  uh through my training they actually train you on this
[42:07.600 --> 42:10.320]  we had some discussion about it uh i had to complete
[42:10.320 --> 42:14.720]  uh 80 hours worth of training units through the texas commission on law
[42:14.720 --> 42:18.640]  enforcement um i have completed all required
[42:18.640 --> 42:24.160]  courses under the texas occupations code and i have received a master
[42:24.160 --> 42:27.360]  master peace officer proficiency certificate
[42:27.360 --> 42:31.120]  and have taken some advanced courses where
[42:31.120 --> 42:35.520]  such things are you know we were taught such things as
[42:35.520 --> 42:38.640]  you know where the data comes from how to utilize the database what to look for
[42:38.640 --> 42:42.480]  in the database where the data comes from and so forth
[42:42.480 --> 42:47.040]  were you taught this information uh for the purpose of understanding how it all
[42:47.040 --> 42:50.240]  works or were you taught this information for the purpose of being
[42:50.240 --> 42:54.720]  allowed to testify to it in court i was taught the information
[42:54.720 --> 42:58.080]  to understand how it works in the course of my job
[42:58.080 --> 43:03.520]  in the course of my profession but again your understanding of how it works
[43:03.520 --> 43:06.800]  you haven't witnessed every part of this yourself correct
[43:06.800 --> 43:10.800]  that's correct and you've never done any of it yourself is that correct
[43:10.800 --> 43:16.160]  that's correct so none of the data that was returned by your entry
[43:16.160 --> 43:20.000]  of my license plate into your computer is data that you have direct personal
[43:20.000 --> 43:24.080]  knowledge of as far as how it was input when it was input
[43:24.080 --> 43:28.240]  who input it and whether or not it was accurate and current
[43:28.240 --> 43:30.880]  that's correct
[43:32.320 --> 43:35.040]  all right folks we're going to take another break we'll pick this up on the
[43:35.040 --> 43:37.520]  other side and continue on with what we're doing here
[43:37.520 --> 43:43.040]  so far so good this is rule of law radio this is your host eddie craig and my
[43:43.040 --> 43:46.080]  friend john enigma is on here with us we got another segment before the
[43:46.080 --> 43:49.520]  top of the hour so we're going to see if we can't hopefully get this going
[43:49.520 --> 43:52.880]  and wrap it up in the next segment if not we'll do one more after the top of
[43:52.880 --> 43:58.160]  the hour break so y'all hang on we will be right back
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[46:15.280 --> 46:36.480]  hi folks we are back this is rule of law radio and we're going to continue
[46:36.480 --> 46:42.240]  playing out our scenario here all right officer enigma now in your
[46:42.240 --> 46:45.680]  testimony again you said you have no direct personal
[46:45.680 --> 46:48.640]  knowledge of how the data in the computer was entered
[46:48.640 --> 46:52.160]  who entered it when they entered it or actually how accurate
[46:52.160 --> 46:57.600]  or current that data is correct that's correct
[46:59.120 --> 47:05.280]  so you had witnessed no crime and you arbitrarily as a matter of
[47:05.280 --> 47:11.200]  policy or practice because you presumed that you had a reason
[47:11.200 --> 47:15.040]  to do so entered my license plate information into
[47:15.040 --> 47:19.520]  the computer in your cruiser to retrieve this information
[47:19.520 --> 47:24.400]  i entered it as a matter of department policy upon my observation
[47:24.400 --> 47:31.920]  of behavior that was not normal and when you say behavior not normal
[47:31.920 --> 47:37.680]  are you asserting that officers can create an arbitrary reason for accessing
[47:37.680 --> 47:42.720]  this database solely upon their alleged their so-called opinion
[47:42.720 --> 47:46.480]  under department policy anytime we are on patrol
[47:46.480 --> 47:50.400]  and we witness any behavior that is out of the ordinary
[47:50.400 --> 47:53.600]  such as i observed with you on the day in question
[47:53.600 --> 47:56.960]  we run the plates to make sure that there are no emergencies
[47:56.960 --> 48:00.880]  reported in connection with the vehicle make sure the vehicle is not stolen
[48:00.880 --> 48:06.000]  so on and so forth are you testifying that any behavior that doesn't fit
[48:06.000 --> 48:11.680]  your idea of what's ordinary constitutes a criminal act
[48:11.680 --> 48:16.080]  i'm testifying that behavior that does not
[48:16.080 --> 48:22.480]  fit with ordinary reasonably behavior objection non-responsive and is
[48:22.480 --> 48:27.280]  presumptive yes or no officer are you attempting to
[48:27.280 --> 48:32.000]  testify that any behavior that doesn't suit
[48:32.000 --> 48:38.480]  your idea of normal constitutes a criminal act
[48:38.480 --> 48:45.840]  no it's not my idea of normal well you testified that it was normal
[48:45.840 --> 48:50.240]  based upon what whose opinion are you attempting to
[48:50.240 --> 48:55.200]  testify to if not your own based on our department policy anytime i
[48:55.200 --> 48:59.920]  observe any behavior that is out of the ordinary
[48:59.920 --> 49:04.560]  in relation to you being on the road with everyone else
[49:04.560 --> 49:10.400]  again officer the question here is whose opinion of ordinary are we dealing with
[49:10.400 --> 49:14.240]  yours or your department's it's not an
[49:14.240 --> 49:18.000]  opinion i observed you driving in a manner that
[49:18.000 --> 49:22.480]  was started when you say out of the ordinary officer you are stating an
[49:22.480 --> 49:26.400]  opinion unless you provide some fact as to why
[49:26.400 --> 49:32.720]  it's considered a criminal act i'm stating that i observed a pack of
[49:32.720 --> 49:38.400]  traffic leave a stoplight and that the way you left the stoplight
[49:38.400 --> 49:42.160]  was different from the other 30 cars that left the stoplight
[49:42.160 --> 49:46.240]  with you at the same time which is what you're calling out of the ordinary
[49:46.240 --> 49:50.000]  that's correct which you're testifying to therefore
[49:50.000 --> 49:53.280]  is probable cause that a crime is being committed
[49:53.280 --> 49:58.160]  in order for you to use it to access that computer system correct
[49:58.160 --> 50:01.840]  it wasn't probable cause at the time but it did raise a suspicion as to whether
[50:01.840 --> 50:06.240]  or not you had some emergency so you are testifying that
[50:06.240 --> 50:10.800]  anything that you consider out of the ordinary constitutes a criminal act for
[50:10.800 --> 50:17.120]  the purpose of investigating it it does raise suspicion objection
[50:17.120 --> 50:23.840]  non-responsive yes or no is it a criminal act just because
[50:23.840 --> 50:27.520]  it is something you consider out of the ordinary
[50:27.520 --> 50:30.240]  no it's not a criminal act but it does give
[50:30.240 --> 50:36.720]  objection yes or no well the question has been answered the
[50:36.720 --> 50:42.000]  answer is no however when objection just the yes or no will do
[50:42.000 --> 50:48.080]  thank you i would like to move the court at this time to strike all the
[50:48.080 --> 50:52.000]  information returned to the officer via his computer as
[50:52.000 --> 50:55.840]  hearsay the officer is openly testified he has no
[50:55.840 --> 50:59.520]  first-hand knowledge of the data that was entered into the computer system
[50:59.520 --> 51:04.320]  he did not personally enter that data he cannot account for the accuracy of that
[51:04.320 --> 51:08.640]  data nor can he account for any crime being
[51:08.640 --> 51:14.480]  committed that would have authorized him to access that data without a warrant
[51:14.480 --> 51:18.320]  and i presume officer that you didn't have a warrant at the time
[51:18.320 --> 51:22.400]  i didn't have a warrant at the time i just had suspicion reasonable to warrant
[51:22.400 --> 51:25.920]  further investigation and again as a matter don't you have to have a warrant
[51:25.920 --> 51:30.400]  to conduct a search well i didn't i didn't conduct a search
[51:30.400 --> 51:33.120]  of your vehicle all i did was no but you conducted a
[51:33.120 --> 51:37.280]  search of my data didn't you uh it's not your data it's owned by the
[51:37.280 --> 51:40.640]  state sir my data is owned by the state and any
[51:40.640 --> 51:44.960]  state employee can access it without question for any reason whatsoever
[51:44.960 --> 51:48.320]  you gave the data up when you applied for a title on the car when you bought
[51:48.320 --> 51:53.040]  the car you gave the data objection that's a presumption based on no facts
[51:53.040 --> 51:56.960]  presented in this court whatsoever
[51:58.800 --> 52:02.480]  that's where the data comes from it comes from you and it goes back that
[52:02.480 --> 52:05.840]  it's there does the state make it mandatory that
[52:05.840 --> 52:10.240]  that data be surrendered sure if you want to get a title to your
[52:10.240 --> 52:13.440]  vehicle when you purchase it objection to the use of the term vehicle blah blah
[52:13.440 --> 52:18.880]  blah blah and so on and so forth so you're saying that data that is
[52:18.880 --> 52:24.640]  forcibly extracted from and from me or anyone else becomes owned data
[52:24.640 --> 52:29.840]  of the state that any state employee can access anytime they wish
[52:29.840 --> 52:32.960]  i don't believe i've ever seen anyone at the
[52:32.960 --> 52:36.240]  dmv putting a gun to someone's head making them fill out a
[52:36.240 --> 52:39.040]  transfer do you tell them that they can't take their car out on the road if
[52:39.040 --> 52:42.400]  they don't do that i don't that's what the law tells them
[52:42.400 --> 52:47.600]  that i am i am commissioned to do you use the law to punish them by
[52:47.600 --> 52:51.040]  writing them tickets and can and charging them with criminal acts if they
[52:51.040 --> 52:55.120]  don't do that i don't it's not my job to punish it's not
[52:55.120 --> 52:58.800]  do you issue citations for those alleged offenses
[52:58.800 --> 53:02.160]  sure citation is not a punishment punishment's up to the courts the
[53:02.160 --> 53:05.120]  citation is a criminal accusation is it not
[53:05.120 --> 53:08.880]  that's correct but would you make based upon the statute you're alleged
[53:08.880 --> 53:13.840]  uh discussing correct that's correct and your statement is that those statutes
[53:13.840 --> 53:18.560]  require that that data be surrendered is that correct well there's no
[53:18.560 --> 53:21.760]  requirement that it be surrendered unless you want to have legal title to
[53:21.760 --> 53:24.320]  your car and again all i do is enforce the
[53:24.320 --> 53:28.160]  statutes i don't make the statutes and i don't administer punishment for the
[53:28.160 --> 53:32.320]  statutes but you're free to access the data that
[53:32.320 --> 53:36.640]  the state has on file for any reason you wish without probable cause
[53:36.640 --> 53:41.760]  or a warrant i'm i am free to and as a matter of policy
[53:41.760 --> 53:45.920]  when i observe behavior that i feel warrants
[53:45.920 --> 53:49.360]  further investigation as a matter of policy i i can and will
[53:49.360 --> 53:54.000]  access that data okay now ladies and gentlemen at this point this is where
[53:54.000 --> 53:57.040]  you would put the court on judicial notice and you would introduce the
[53:57.040 --> 54:01.200]  statutes that specifically state that data can be
[54:01.200 --> 54:04.720]  accessed only under certain conditions and circumstances
[54:04.720 --> 54:08.480]  you will have case law that says that data is protected from general access
[54:08.480 --> 54:11.840]  except under particular conditions and circumstances
[54:11.840 --> 54:16.480]  the fact is is that the state requires the surrender of that data for you to
[54:16.480 --> 54:20.880]  exercise what would be a state granted privilege
[54:20.880 --> 54:24.400]  but they can't force you to do it for what you have a right to do which is
[54:24.400 --> 54:27.920]  travel on the roads so the question here comes down to
[54:27.920 --> 54:31.200]  once again were you engaged in the regulable act
[54:31.200 --> 54:35.600]  which the state can use that information even if they have free and unlimited
[54:35.600 --> 54:38.720]  access to it or were you simply acting in a private
[54:38.720 --> 54:43.120]  capacity where they could not that search of that database of your
[54:43.120 --> 54:46.320]  data there's tons of different ways to do this and i'm going to try to get with
[54:46.320 --> 54:51.200]  another gentleman that we know who is
[54:51.200 --> 54:54.880]  johnny swears knows this like the back of his hand when it comes to accessing
[54:54.880 --> 54:58.080]  that electronic data so i'm going to try to get him to come on the show with me
[54:58.080 --> 55:02.240]  next week if at all possible and go over that with us and i'll try to have johnny
[55:02.240 --> 55:04.720]  back then if he's willing or unable to be here
[55:04.720 --> 55:08.160]  and we will have a round table discussion
[55:08.160 --> 55:12.240]  on those issues for you but the fact of the matter is
[55:12.240 --> 55:16.080]  is that that data whether the officer wants to admit it or not
[55:16.080 --> 55:19.840]  is protected they cannot access it without a
[55:19.840 --> 55:25.360]  valid reason and even the code that controls that officer's
[55:25.360 --> 55:30.000]  authority to conduct an investigation specifically says he can only arrest
[55:30.000 --> 55:33.440]  when a crime is committed in his presence or view
[55:33.440 --> 55:37.760]  or he catches someone in the act of committing it which again would require
[55:37.760 --> 55:42.560]  presence or view so given those things for them to
[55:42.560 --> 55:45.760]  arbitrarily enter numbers and retrieve data
[55:45.760 --> 55:50.640]  there's a problem there and we're going to get all of the legal aspects of that
[55:50.640 --> 55:54.000]  for you on the next week's show if we can get everybody together to do that i
[55:54.000 --> 55:56.640]  will try and keep you posted as to whether or not that's actually
[55:56.640 --> 56:02.320]  available or not when we do the next show so
[56:02.320 --> 56:05.680]  in the cases of what we're talking about here
[56:05.680 --> 56:10.080]  when he began his testimony over the data and i immediately went to have it
[56:10.080 --> 56:13.360]  block this hearsay it's in some it's inadmissible
[56:13.360 --> 56:17.680]  and i moved to have it suppressed remember that the court has refused to
[56:17.680 --> 56:22.720]  provide you with any sort of evidentiary admissibility hearing that's what the
[56:22.720 --> 56:26.240]  examining trial in texas is supposed to be for
[56:26.240 --> 56:30.880]  the examining trial is for the purpose of getting all the witnesses testimony
[56:30.880 --> 56:34.480]  in writing getting that testimony certified
[56:34.480 --> 56:38.000]  so that if different testimonies actually entered at trial
[56:38.000 --> 56:41.040]  you can impeach the witness with their prior testimony
[56:41.040 --> 56:45.680]  it is also for the purpose of determining what evidence will be admitted by either
[56:45.680 --> 56:49.760]  side this is all being denied to people in
[56:49.760 --> 56:54.240]  these class c misdemeanor cases they're violating your right of due
[56:54.240 --> 56:59.120]  process right up front by denying you that examining trial
[56:59.120 --> 57:03.360]  and there are two things they have to determine at that examining trial
[57:03.360 --> 57:08.000]  in relation to these cases the first and foremost being
[57:08.000 --> 57:13.040]  was the arrest which it is an actual arrest
[57:13.040 --> 57:16.800]  lawful they have to determine whether or not
[57:16.800 --> 57:21.120]  the officer had lawful authority to make that arrest
[57:21.120 --> 57:27.200]  if he didn't everything else is dead in the water if the arrest was
[57:27.200 --> 57:32.720]  illegal so was everything else that followed yet you're being denied the
[57:32.720 --> 57:36.160]  ability to make that argument because an evidentiary hearing
[57:36.160 --> 57:41.120]  is never performed you are forced into a trial
[57:41.120 --> 57:46.800]  where no admissibility of the evidence has been sought out ahead of time
[57:46.800 --> 57:51.360]  and most of the stuff johnny correct me here if you like to comment be my guest
[57:51.360 --> 57:55.360]  but the fact is is they do everything they do in these trials
[57:55.360 --> 58:00.320]  based upon presumptions and presupposition of facts
[58:00.320 --> 58:04.880]  for which they have offered no actual evidence
[58:04.880 --> 58:08.000]  would you agree with that yeah for the most part
[58:08.000 --> 58:12.080]  a lot of times if they can get people talking they get everything they need
[58:12.080 --> 58:17.680]  yeah now the fact also here is that on those presumptions they're not allowed
[58:17.680 --> 58:23.200]  to convict you on presumption alone and when you fail to object to them
[58:23.200 --> 58:28.320]  making a presumption versus a fact and providing evidence to support that
[58:28.320 --> 58:31.920]  fact you're allowing them to convict you based solely
[58:31.920 --> 58:37.280]  on opinion not law and you need to learn the difference
[58:37.280 --> 58:41.200]  that's why you need to be in the sunday classes which by the way this past day
[58:41.200 --> 58:45.440]  was pretty abysmal only four people all right folks this is rule of law radio
[58:45.440 --> 58:50.320]  five one two six four six nineteen eighty four we will be right back
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[59:54.080 --> 59:58.240]  logos radio network dot com
[01:00:02.720 --> 01:00:06.240]  this is the liberty beat your daily source for liberty news and activist
[01:00:06.240 --> 01:00:09.680]  updates online at the liberty beat dot com i'm
[01:00:09.680 --> 01:00:11.920]  brian hagen with your liberty beat for monday
[01:00:11.920 --> 01:00:16.000]  march 24 2014 gold opened today at one thousand three
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[01:01:01.280 --> 01:01:05.520]  in the news the nsa is being accused of tapping into the networks of
[01:01:05.520 --> 01:01:09.120]  huangwei the chinese telecom and internet giant
[01:01:09.120 --> 01:01:12.640]  documents released by former nsa contractor edward stodden
[01:01:12.640 --> 01:01:15.680]  reveal the nsa access huangwei's email archive
[01:01:15.680 --> 01:01:19.440]  communications between top company officials internal documents
[01:01:19.440 --> 01:01:22.800]  and secret source code related to company products
[01:01:22.800 --> 01:01:26.320]  the accusations are being reported on the websites of both the new york times
[01:01:26.320 --> 01:01:30.480]  and dear spiegel despite leaked documents from
[01:01:30.480 --> 01:01:32.560]  snowden local police departments around the
[01:01:32.560 --> 01:01:37.600]  nation continue to remain tight-lipped on the tool known as stingray stingray
[01:01:37.600 --> 01:01:40.640]  is a suitcase-sized device that allows the user to
[01:01:40.640 --> 01:01:45.600]  fool cell phones into believing it's a cell tower so it can easily collect data
[01:01:45.600 --> 01:01:48.560]  one of the reasons little is known about the device is because the
[01:01:48.560 --> 01:01:52.240]  manufacturer insists on non-disclosure agreements with police
[01:01:52.240 --> 01:01:54.800]  departments those agreements forbid police
[01:01:54.800 --> 01:01:57.200]  departments from revealing how the tool is used
[01:01:57.200 --> 01:02:02.400]  what information is captured and how often they are used
[01:02:02.400 --> 01:02:06.000]  former president jimmy carter doesn't use email for discussing sensitive
[01:02:06.000 --> 01:02:09.520]  information the 89 year old carter told nbc news
[01:02:09.520 --> 01:02:11.520]  sunday when he wants to communicate with a
[01:02:11.520 --> 01:02:15.360]  foreign leader he relies only on the traditional postal service
[01:02:15.360 --> 01:02:19.600]  carter says he chooses to do so because he believes his online activity
[01:02:19.600 --> 01:02:24.320]  is being monitored support for liberty comes from dorothy arminger at cap star
[01:02:24.320 --> 01:02:26.800]  lending dorothy can walk you through the ins and
[01:02:26.800 --> 01:02:29.920]  outs of buying a home give her a call five one two three
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[01:02:48.720 --> 01:02:54.480]  online at brave new bookstore.com this is the liberty beat for monday march
[01:02:54.480 --> 01:03:15.680]  24th 2014 check out the website the liberty beat.com
[01:03:15.680 --> 01:03:20.080]  all right folks we are back this is rule of law radio
[01:03:20.080 --> 01:03:25.600]  all right call in number is five one two six four six 1984
[01:03:25.600 --> 01:03:29.440]  we have one caller up on the board brandon in texas brandon
[01:03:29.440 --> 01:03:33.840]  what can we do for you hey eddie how you doing thank you for
[01:03:33.840 --> 01:03:37.440]  taking my call am i coming through okay yeah you're coming through fine
[01:03:37.440 --> 01:03:43.200]  great um i have a question about um i lost in a municipal for a couple
[01:03:43.200 --> 01:03:47.200]  traffic tickets and i'm going to appeal in the county
[01:03:47.200 --> 01:03:51.760]  and um i found something interesting in um the government code
[01:03:51.760 --> 01:03:54.880]  that i wonder if you had tried or heard of
[01:03:54.880 --> 01:04:01.120]  um basically it's uh section 601 uh of the government code and what it
[01:04:01.120 --> 01:04:07.440]  deals with is uh public officers and uh public officers and elections
[01:04:07.440 --> 01:04:14.000]  but basically 601 at 008 it basically has um unauthorized
[01:04:14.000 --> 01:04:20.160]  officers um what i'm running into is the municipal prosecutor that um i'm sorry
[01:04:20.160 --> 01:04:25.360]  i'm a little bit nervous but um the municipal prosecutor that um i
[01:04:25.360 --> 01:04:30.800]  lost to in uh the lower court i after a fact you know i asked for his
[01:04:30.800 --> 01:04:35.360]  oath of office and um i look in these city ordinances to see how
[01:04:35.360 --> 01:04:39.040]  the city attorney is appointed and come to find out this guy is just you know a
[01:04:39.040 --> 01:04:41.360]  hired gun you know he wasn't appointed by the city
[01:04:41.360 --> 01:04:45.760]  council which is what the uh ordinance says the city attorney is
[01:04:45.760 --> 01:04:50.000]  supposed to do and of course by uh chapter 45 of the
[01:04:50.000 --> 01:04:54.560]  code of criminal procedure says um 45.210201
[01:04:54.560 --> 01:04:57.680]  says that the city attorney will you know conduct all prosecutions in
[01:04:57.680 --> 01:05:01.760]  municipal court so uh something i was thinking about going
[01:05:01.760 --> 01:05:06.080]  uh going with if uh my of course when my appeal
[01:05:06.080 --> 01:05:09.920]  is what do you think about like a class action suit
[01:05:09.920 --> 01:05:13.280]  against this guy because he's been there for 10 years apparently according to the
[01:05:13.280 --> 01:05:16.080]  document that he was which was basically an
[01:05:16.080 --> 01:05:20.000]  hr higher form for him and i simply asked for the
[01:05:20.000 --> 01:05:23.840]  appointment document authorizing him to represent the city
[01:05:23.840 --> 01:05:26.400]  um but you know he's been in there for 10 years you know probably screwing
[01:05:26.400 --> 01:05:30.720]  people over so i wanted to know if um you had um heard
[01:05:30.720 --> 01:05:35.120]  of that little section of code and what are your thoughts on well i don't know
[01:05:35.120 --> 01:05:40.480]  what what are you trying to say that 601.008 actually says
[01:05:40.480 --> 01:05:44.000]  yes let me let me get it real quick um i sat it down and
[01:05:44.000 --> 01:05:48.560]  didn't expect you to come back to me so quick but um what it's
[01:05:48.560 --> 01:05:53.920]  covering well this this is what it begins with unauthorized officer sub
[01:05:53.920 --> 01:05:58.000]  section a an officer or court of this state or of a municipality
[01:05:58.000 --> 01:06:03.520]  may not make order allow or audit payment of a person's claim for compensation
[01:06:03.520 --> 01:06:07.760]  fees perquisites or services as an officer of the state
[01:06:07.760 --> 01:06:11.040]  or of the municipality unless the person one
[01:06:11.040 --> 01:06:15.440]  has been a lawfully elected as the officer and determined to be elected to
[01:06:15.440 --> 01:06:19.200]  the office by the canvas conducted of the election for the office
[01:06:19.200 --> 01:06:22.720]  b appointed as the officer by the lawful appointing authority
[01:06:22.720 --> 01:06:27.600]  or c a judge to be the officer by a state court of competent jurisdiction
[01:06:27.600 --> 01:06:31.440]  and two as qualified as the officer under law
[01:06:31.440 --> 01:06:36.240]  sub section b a person who has not been elected or appointed to an office
[01:06:36.240 --> 01:06:40.480]  office or has not qualified for office as prescribed by sub section a
[01:06:40.480 --> 01:06:45.360]  is not entitled to one receive payment for services as the officer
[01:06:45.360 --> 01:06:49.360]  or to exercise the powers or jurisdiction of the office
[01:06:49.360 --> 01:06:53.920]  c the official acts of a person who claims a right to exercise the power or
[01:06:53.920 --> 01:07:00.080]  jurisdiction of an office contrary to this section are void
[01:07:00.080 --> 01:07:03.680]  right and that's what i was wondering like that section right there that they
[01:07:03.680 --> 01:07:07.360]  are void if it would void all of the previous
[01:07:07.360 --> 01:07:10.560]  decisions that you know that person is active in that office and that official
[01:07:10.560 --> 01:07:14.640]  capacity without being lawfully appointed or
[01:07:14.640 --> 01:07:18.800]  well the problem is and which i've done this but i'm going to i'm going to let
[01:07:18.800 --> 01:07:23.520]  you analyze this for a second the problem is is what argument are you
[01:07:23.520 --> 01:07:28.800]  attempting to make in relation to the municipal attorney
[01:07:28.800 --> 01:07:33.680]  that he is not the city attorney no no no no no no
[01:07:33.680 --> 01:07:37.600]  any attorney the municipality hires to operate in
[01:07:37.600 --> 01:07:42.480]  its interest is a city attorney for that purpose
[01:07:42.480 --> 01:07:45.840]  even though they have in their municipal code
[01:07:45.840 --> 01:07:53.600]  who or how a city attorney is appointed because it specifically says
[01:07:53.600 --> 01:07:57.360]  the in this municipality specifically says that the
[01:07:57.360 --> 01:08:03.840]  city council will appoint you know a city attorney to represent the
[01:08:03.840 --> 01:08:07.840]  city in all municipal cases but they're not representing
[01:08:07.840 --> 01:08:13.360]  the city in these cases they're attempting to represent the state
[01:08:13.360 --> 01:08:16.960]  the only time it would be the city is if they're prosecuting solely on an
[01:08:16.960 --> 01:08:19.360]  ordinance
[01:08:19.680 --> 01:08:22.560]  well now what but i mean even though we i mean i
[01:08:22.560 --> 01:08:26.000]  i agree with you with um of the code of criminal procedure
[01:08:26.000 --> 01:08:32.960]  chapter 45 45.201 the argument there is is unconstitutional
[01:08:32.960 --> 01:08:36.160]  i agree it's unconstitutional but would this um
[01:08:36.160 --> 01:08:40.080]  would this be a way to be able to kind of use their own no it would not
[01:08:40.080 --> 01:08:43.920]  against them it would not for the reasons i just gave you
[01:08:43.920 --> 01:08:47.680]  when they're attempting to prosecute in the name of the state they're not
[01:08:47.680 --> 01:08:52.480]  allegedly acting in the interest of the city though financially we know better
[01:08:52.480 --> 01:08:56.000]  right they're attempting to represent the state and that
[01:08:56.000 --> 01:09:01.440]  is the problem okay the city attorney cannot act as a
[01:09:01.440 --> 01:09:07.280]  representative of the state and i've got a 78 page motion
[01:09:07.280 --> 01:09:13.360]  decrying exactly that activity and all of the statutes and all of the case law
[01:09:13.360 --> 01:09:17.520]  and everything i can find that proves it's impossible for it to
[01:09:17.520 --> 01:09:22.800]  operate that way right okay all right um can i throw one more
[01:09:22.800 --> 01:09:26.640]  at you sure oh um
[01:09:26.640 --> 01:09:33.200]  also in uh my appeal um well obviously i was going to
[01:09:33.200 --> 01:09:36.320]  i was going to try to challenge the uh city attorney on back fact in addition
[01:09:36.320 --> 01:09:39.600]  to all the other unconstitutionality of that person
[01:09:39.600 --> 01:09:43.680]  prosecuting in the name of state but this is more so along the lines of
[01:09:43.680 --> 01:09:50.480]  um the way that um i use the i guess i'll use the documents in the uh seminar
[01:09:50.480 --> 01:09:55.680]  material um would i be able to just um if i'm
[01:09:55.680 --> 01:09:59.440]  filing a motion to dismiss but obviously i filed in the municipal court
[01:09:59.440 --> 01:10:03.520]  can i file it again and just tweak it to where it's
[01:10:03.520 --> 01:10:07.360]  calling for a dismissal of the case in the county
[01:10:07.360 --> 01:10:12.320]  they absolutely would be if it's absolutely that's what they're for
[01:10:12.320 --> 01:10:18.080]  you can reuse them for that purpose okay all right because i was kind of just
[01:10:18.080 --> 01:10:22.320]  confusing myself i guess um whenever i was uh tweaking some of them
[01:10:22.320 --> 01:10:27.920]  last night and drafting up some okay um can't really think of anything else
[01:10:27.920 --> 01:10:30.960]  that i have right now but yeah thank you for the clarification on um
[01:10:30.960 --> 01:10:34.160]  sure uh johnny you got any comments on this
[01:10:34.160 --> 01:10:37.680]  uh yeah i just wanted to interject this is something that i've
[01:10:37.680 --> 01:10:41.520]  used before and it tends to make them not want to talk with me
[01:10:41.520 --> 01:10:45.200]  even though they don't like me very much um when you're dealing with a
[01:10:45.200 --> 01:10:49.760]  municipal corporation every municipal corporation in texas
[01:10:49.760 --> 01:10:55.920]  is uh created by virtue of article 11 section 5 of the texas
[01:10:55.920 --> 01:11:00.080]  constitution and article 1165 of the bernan's
[01:11:00.080 --> 01:11:04.720]  texas civil statutes and we will call those two things together the charter
[01:11:04.720 --> 01:11:10.240]  and creation provisions and they're uh the uh of course the
[01:11:10.240 --> 01:11:12.960]  charter for the municipal corporations themselves
[01:11:12.960 --> 01:11:17.600]  okay so every city has to be established by a charter and that
[01:11:17.600 --> 01:11:21.920]  charter has to be in compliance with article 11 section 5 of the texas
[01:11:21.920 --> 01:11:25.920]  constitution and article 1165 of texas bernan's
[01:11:25.920 --> 01:11:30.400]  civil statutes okay well let me interject one thing there real quick
[01:11:30.400 --> 01:11:33.920]  the actual charter applies only to home rule
[01:11:33.920 --> 01:11:37.360]  those that are general law their charter is state law
[01:11:37.360 --> 01:11:42.240]  they don't have a separate independent charter and the home rule municipalities
[01:11:42.240 --> 01:11:47.600]  must register a copy of their charter with the secretary of state
[01:11:47.600 --> 01:11:51.120]  that's correct yeah for any city that is chartered
[01:11:51.120 --> 01:11:55.520]  uh which a whole lot of them are i don't know what city the the caller is in
[01:11:55.520 --> 01:12:01.280]  um but uh the the provisions for a charter impose that no charter or any
[01:12:01.280 --> 01:12:03.840]  ordinance passed under the charter can contain any
[01:12:03.840 --> 01:12:07.200]  provision inconsistent with the constitution of the state
[01:12:07.200 --> 01:12:10.880]  or the general laws enacted by the legislature of the state
[01:12:10.880 --> 01:12:16.080]  uh and the charters are obliged to recognize that the cities are created
[01:12:16.080 --> 01:12:22.400]  under the constitution and laws of texas state as they existed in 1924
[01:12:22.400 --> 01:12:29.280]  and uh what's that 25 oh is it 25 okay and uh
[01:12:29.280 --> 01:12:33.280]  pursuant to uh davis v city of taylor and zachary
[01:12:33.280 --> 01:12:39.840]  the city of san antonio uh no home rule corporation or municipal corporation has
[01:12:39.840 --> 01:12:43.680]  any power that is not explicitly incorporated into its
[01:12:43.680 --> 01:12:47.280]  charter so even if they would otherwise have the power
[01:12:47.280 --> 01:12:50.560]  uh if it's not in their charter they don't have it
[01:12:50.560 --> 01:12:53.440]  and if you look in the constitution the only
[01:12:53.440 --> 01:12:57.280]  the only individuals who are given the authority
[01:12:57.280 --> 01:13:00.640]  to prosecute in the name of the state are the you know district and county
[01:13:00.640 --> 01:13:04.000]  attorneys it says nothing about a city attorney
[01:13:04.000 --> 01:13:08.480]  so uh you might take those things into consideration depending on
[01:13:08.480 --> 01:13:11.680]  uh where you are whether or not they have a charter if you said you have the
[01:13:11.680 --> 01:13:16.560]  seminar material correct brenton yes i did okay inside of that the motion
[01:13:16.560 --> 01:13:20.080]  for the challenging the city attorney there's a whole bunch of them
[01:13:20.080 --> 01:13:24.720]  that are different revisions but there's one in there that the one with the
[01:13:24.720 --> 01:13:29.040]  latest file stamp date on it i believe will be the one that i finished
[01:13:29.040 --> 01:13:34.320]  in relation to that but in one of those folders i bought uh
[01:13:34.320 --> 01:13:37.360]  somewhere i don't know which one it is right off the top of my head
[01:13:37.360 --> 01:13:41.680]  but there is a specific 70 some odd page motion in there
[01:13:41.680 --> 01:13:46.720]  challenging the city attorney as a prosecutor for the state
[01:13:46.720 --> 01:13:50.720]  okay all right um and one more just popped in my head um if you guys have
[01:13:50.720 --> 01:13:53.760]  more calls on just let me know i can you know yeah we got one other one at the
[01:13:53.760 --> 01:13:57.920]  moment um well real quick um uh just had a
[01:13:57.920 --> 01:14:01.520]  case in jp court and i thought it most to recuse the
[01:14:01.520 --> 01:14:04.480]  judge you know because obviously you know they violate you know their oath
[01:14:04.480 --> 01:14:06.880]  and the code of criminal procedure and so on and so forth
[01:14:06.880 --> 01:14:10.640]  um there's nothing that i could find in uh in the statutes
[01:14:10.640 --> 01:14:15.680]  where whereas you know in uh chapter 29 it has very specific things that must
[01:14:15.680 --> 01:14:19.680]  happen when you you know recuse or dismiss um a municipal
[01:14:19.680 --> 01:14:23.200]  judge how was what's the process for that for a
[01:14:23.200 --> 01:14:27.280]  justice of the peace they don't have one like that for the
[01:14:27.280 --> 01:14:32.800]  justice of the peace basically it they should match since they
[01:14:32.800 --> 01:14:37.840]  have the same jurisdiction in these types of cases you should be
[01:14:37.840 --> 01:14:40.880]  able to recuse them in the same way but you can't
[01:14:40.880 --> 01:14:47.760]  right uh there is a specific provision in there for disqualifying jps
[01:14:47.760 --> 01:14:52.320]  but it's completely different and it's very much arbitrary
[01:14:52.320 --> 01:14:57.840]  i forget exactly which section it's in but
[01:14:57.840 --> 01:15:01.280]  it has to do with the justice of the peace you have to
[01:15:01.280 --> 01:15:04.080]  search for it on those grounds and i believe that's
[01:15:04.080 --> 01:15:08.560]  that also is government code but the disqualification of a jp for the time
[01:15:08.560 --> 01:15:13.440]  being is completely different than it is for a municipal attorney
[01:15:13.440 --> 01:15:18.080]  when you disqualify a municipal attorney you do it under 29-a
[01:15:18.080 --> 01:15:22.480]  and you bind them down also by certain rules in chapter 30
[01:15:22.480 --> 01:15:26.960]  when they're municipal courts of record anyway all right
[01:15:26.960 --> 01:15:29.600]  all right yeah um i don't have anything else i'm gonna let you move on to the
[01:15:29.600 --> 01:15:32.320]  next caller um as always thank you for what you do and um
[01:15:32.320 --> 01:15:35.120]  great show tonight um i haven't been able to make it down to austin i'm up
[01:15:35.120 --> 01:15:38.720]  here in the dfw area um to go to the sunday classes but um
[01:15:38.720 --> 01:15:41.760]  hopefully one day i can make it all right um yep thanks again y'all have a
[01:15:41.760 --> 01:15:44.320]  good night yes sir you too thanks for calling in
[01:15:44.320 --> 01:15:48.320]  all right all right now we're going to go to terrence in tennessee
[01:15:48.320 --> 01:15:51.840]  terrence we have about one minute before we go to break so
[01:15:51.840 --> 01:15:55.840]  we'll let you get started but i may have to interrupt you if you're not quick
[01:15:55.840 --> 01:15:59.840]  sounds good i wanted to ask for definitions
[01:15:59.840 --> 01:16:06.640]  uh the definitions uh between injury and damages and well that depends you
[01:16:06.640 --> 01:16:10.400]  have to first find out if they're defined in the codes of your state
[01:16:10.400 --> 01:16:15.520]  and are you talking for civil purposes or criminal purposes
[01:16:15.520 --> 01:16:19.680]  well i'm i'm asking either are they different
[01:16:19.680 --> 01:16:22.880]  well they could be again i don't know the laws in tennessee which is where
[01:16:22.880 --> 01:16:27.680]  you're calling from as as to what they constitute as an injury
[01:16:27.680 --> 01:16:32.240]  for civil suit purposes versus a penal code injury
[01:16:32.240 --> 01:16:36.560]  that may require something completely different
[01:16:36.560 --> 01:16:42.000]  okay well if i want to run through a couple of scenarios and maybe you get
[01:16:42.000 --> 01:16:45.200]  okay well if you'll hang on just a minute we'll let you do that you think
[01:16:45.200 --> 01:16:47.840]  those through and get them ready to articulate and we'll catch you on the
[01:16:47.840 --> 01:16:52.960]  other side of this break with it okay okay all right folks five one two six
[01:16:52.960 --> 01:16:56.960]  four six nineteen eighty four terrence is our last guy we need some
[01:16:56.960 --> 01:17:01.120]  more callers let's go we'll be right back
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[01:19:03.600 --> 01:19:09.280]  the logos radio
[01:19:15.360 --> 01:19:18.880]  ain't gonna blame me
[01:19:18.880 --> 01:19:24.080]  don't blame me
[01:19:27.520 --> 01:19:30.080]  well
[01:19:31.600 --> 01:19:36.400]  ain't gonna fool me with that same old trip again
[01:19:36.400 --> 01:19:41.520]  i was blindsided but now i can see your plan
[01:19:41.520 --> 01:19:46.720]  you put the fear in my pocket took the money from my hand
[01:19:46.720 --> 01:19:53.040]  ain't gonna fool me with that same old trick again
[01:19:55.280 --> 01:19:58.240]  ain't gonna
[01:20:11.600 --> 01:20:16.560]  ain't gonna drive me with that same old stuff
[01:20:16.560 --> 01:20:23.920]  i get it now but then i'm all right folks we are back this is rule of law
[01:20:23.920 --> 01:20:26.960]  radio and we are going to finish talking with
[01:20:26.960 --> 01:20:30.480]  parents in tennessee all right parents did you get all your question laid out
[01:20:30.480 --> 01:20:34.880]  there you have the best time i'm capable of
[01:20:34.880 --> 01:20:38.720]  a scenario would be you come home and your house has been
[01:20:38.720 --> 01:20:44.400]  ransacked and a bunch of property taken out maybe a window broken
[01:20:44.400 --> 01:20:48.400]  uh do you would you be injured or damaged
[01:20:48.400 --> 01:20:52.400]  as far as your stuff going being stolen
[01:20:52.400 --> 01:20:58.240]  well it's in that case injury and damage are synonymous
[01:20:58.240 --> 01:21:04.560]  you you have damage to the property which causes you a financial injury
[01:21:05.280 --> 01:21:08.880]  okay and then you're missing things would be an injury
[01:21:08.880 --> 01:21:13.280]  a financial loss is an injury yes okay
[01:21:13.280 --> 01:21:19.600]  uh someone uh modes you on the walking down the street
[01:21:19.600 --> 01:21:25.920]  and they stab you then that's both a physical injury and a civil injury that
[01:21:25.920 --> 01:21:32.240]  you can sue for you can sue for assault okay and assault is an injury
[01:21:32.240 --> 01:21:36.560]  assault is both a physical and civil injury yes
[01:21:36.560 --> 01:21:42.720]  okay but but not a damage no the damage is the fact that you were
[01:21:42.720 --> 01:21:49.520]  injured by the assault physically okay most states including texas require
[01:21:49.520 --> 01:21:52.640]  that in the case of an aggravated assault
[01:21:52.640 --> 01:21:57.440]  except in the case involving a public servant displaying a deadly weapon
[01:21:57.440 --> 01:22:02.960]  there has to be some sort of tangible physical injury that's identifiable
[01:22:02.960 --> 01:22:06.640]  it can be a scrape it can be a bruise it has to be something
[01:22:06.640 --> 01:22:11.840]  that marks an actual physical trauma
[01:22:11.840 --> 01:22:15.120]  and that would be an injury not a damage
[01:22:15.120 --> 01:22:18.320]  correct okay yeah i'm trying to figure out
[01:22:18.320 --> 01:22:22.080]  uh just seeing some words seem to be interchangeable
[01:22:22.080 --> 01:22:25.840]  and they're not supposed to be or an injury is
[01:22:25.840 --> 01:22:29.920]  what's identifiable a damage is what results
[01:22:29.920 --> 01:22:36.720]  from the injury okay that helps out a great deal
[01:22:37.280 --> 01:22:40.560]  thank you very much you're welcome
[01:22:40.560 --> 01:22:44.640]  donnie you have a better way of saying that
[01:22:44.640 --> 01:22:48.320]  uh no i think that's pretty accurate but i mean you can dig down into several
[01:22:48.320 --> 01:22:52.320]  different levels um you know you you you have
[01:22:52.320 --> 01:22:56.640]  compensatory damages and uh special and general damages and
[01:22:56.640 --> 01:23:01.520]  and all of that but yeah yeah those are all the results of the actual injury
[01:23:01.520 --> 01:23:05.920]  right yeah all right anything else terrence
[01:23:05.920 --> 01:23:11.200]  no that's it that's what i needed to know okay you're welcome all right now
[01:23:11.200 --> 01:23:16.160]  we're going to go to larry and i don't know where
[01:23:16.160 --> 01:23:20.960]  uh larry yes sir what can we do for you where are you
[01:23:20.960 --> 01:23:25.840]  calling from arizona arizona all right what can we do
[01:23:25.840 --> 01:23:29.200]  for you i i spoke to you a couple weeks ago about
[01:23:29.200 --> 01:23:33.280]  not being allowed in a local courthouse without being searched
[01:23:33.280 --> 01:23:38.800]  without being searched well well they they wanted they want you to remove
[01:23:38.800 --> 01:23:43.440]  your belt sometimes your boots and your jacket
[01:23:43.440 --> 01:23:47.040]  so i had reason to go back to the courthouse last week
[01:23:47.040 --> 01:23:50.480]  so i took my recorder like you told me to do
[01:23:50.480 --> 01:23:54.960]  when they requested i removed my belt i asked them if they had a warrant
[01:23:54.960 --> 01:23:59.600]  that got them real excited and they all came over to see who was
[01:23:59.600 --> 01:24:04.880]  challenging them um i asked the gentleman his name
[01:24:04.880 --> 01:24:08.880]  who he worked for you know a badge number it was private security
[01:24:08.880 --> 01:24:12.960]  i asked him what his lawful authority to stop me from using a public building
[01:24:12.960 --> 01:24:16.880]  was and he said an order from the presiding
[01:24:16.880 --> 01:24:24.160]  judge okay did he name the judge so what's that did he name the judge
[01:24:24.160 --> 01:24:30.240]  um no but i can find that out easy enough um so what's my next move to be
[01:24:30.240 --> 01:24:33.920]  able to get in the courthouse uh i would file a judicial conduct
[01:24:33.920 --> 01:24:38.000]  complaint against the judge for ordering an illegal search without a
[01:24:38.000 --> 01:24:42.560]  warrant or at the very minimum what he would have to be considered a standing
[01:24:42.560 --> 01:24:48.800]  warrant for anything in everybody uh that enters the building
[01:24:48.800 --> 01:24:54.960]  okay and who and who do you file that with i mean how's that uh well you're
[01:24:54.960 --> 01:24:57.920]  what's the process you're in arizona i don't know you'd have to see what the
[01:24:57.920 --> 01:25:02.400]  process is for filing a judicial conduct complaint in arizona is
[01:25:02.400 --> 01:25:06.080]  okay and and i've also been requested to go in and see a judge
[01:25:06.080 --> 01:25:11.360]  um week after next and if they won't let me in
[01:25:11.360 --> 01:25:14.320]  is that reason enough to not appear before the judge
[01:25:14.320 --> 01:25:18.400]  the judge isn't going to see it that way okay
[01:25:18.400 --> 01:25:22.400]  so i need to at least play the game the next time i go in you can still object
[01:25:22.400 --> 01:25:26.320]  to it and say that you're being uh forced to do
[01:25:26.320 --> 01:25:30.800]  it against your will but yeah you don't show up that judge
[01:25:30.800 --> 01:25:37.040]  ain't going to care the reason okay it's kind of like i've i've literally
[01:25:37.040 --> 01:25:41.520]  seen judges order someone to be taken from the
[01:25:41.520 --> 01:25:44.800]  courtroom and then have that person's name
[01:25:44.800 --> 01:25:49.360]  called and then issued a warrant for their arrest for failure to appear even
[01:25:49.360 --> 01:25:52.080]  though the judge knew exactly why they weren't there
[01:25:52.080 --> 01:25:55.360]  and he was the reason
[01:25:55.600 --> 01:26:04.320]  really i've literally seen that happen okay they are wonderful public servants
[01:26:04.320 --> 01:26:08.640]  aren't they uh well i'd have said serpents but yeah
[01:26:08.640 --> 01:26:12.320]  okay um that's all i need to know well i appreciate your time
[01:26:12.320 --> 01:26:15.600]  all right larry thanks for calling in okay thank you
[01:26:15.600 --> 01:26:20.640]  yes sir bye bye all right that is all of our callers we need some more
[01:26:20.640 --> 01:26:26.320]  five one two six four six nineteen eighty four is the call-in number
[01:26:26.320 --> 01:26:30.720]  uh johnny you want to go over any of the stuff that we were doing on our little
[01:26:30.720 --> 01:26:36.240]  uh routine there uh that you would like to point out that could have been done
[01:26:36.240 --> 01:26:40.000]  differently that you have additional thoughts on so on and so
[01:26:40.000 --> 01:26:42.880]  forth since we're trying to treat this as a learning experience for the general
[01:26:42.880 --> 01:26:48.240]  public any good input is useful well i i think you did a pretty good
[01:26:48.240 --> 01:26:50.720]  job um and you know as we were talking
[01:26:50.720 --> 01:26:54.960]  about on one of the breaks i mean i i think that you know if you just
[01:26:54.960 --> 01:27:01.600]  listen to what they say um it's everything that somebody says
[01:27:01.600 --> 01:27:04.400]  even right now when you and i are talking you know just it's just one of
[01:27:04.400 --> 01:27:07.920]  the things that's inherent in language every time somebody says something
[01:27:07.920 --> 01:27:13.680]  there are presumptions in what are said and um you know there are premises in
[01:27:13.680 --> 01:27:17.040]  what are said and and when you have now are you asserting that statement as a
[01:27:17.040 --> 01:27:20.400]  fact or as a presumption well i think it's just common knowledge
[01:27:20.400 --> 01:27:23.760]  that it's a fact i mean you know it's a common knowledge
[01:27:23.760 --> 01:27:28.000]  presumption of certain facts yeah pretty much that's what you're
[01:27:28.000 --> 01:27:33.040]  talking about folks what somebody says that if you listen to it you can make an
[01:27:33.040 --> 01:27:36.720]  argument over there there is a maxim in law which
[01:27:36.720 --> 01:27:42.720]  says against uh one who denies first principles there can be no debate
[01:27:42.720 --> 01:27:46.320]  um so if you if you just listen to what they're saying
[01:27:46.320 --> 01:27:51.920]  you will hear the presumptions that are inherent the presumptions and the
[01:27:51.920 --> 01:27:54.960]  implications okay explain explain to them what that
[01:27:54.960 --> 01:27:58.800]  what you mean by first principles
[01:27:58.800 --> 01:28:04.960]  uh well for example uh you know it's kind of a first olive out of the jar
[01:28:04.960 --> 01:28:09.600]  principle uh you know a lot of people will
[01:28:09.600 --> 01:28:13.200]  you know okay for example what you always talk about arguing merits
[01:28:13.200 --> 01:28:16.160]  well you know the merits aren't the first all about of the jar
[01:28:16.160 --> 01:28:20.880]  first all about of the jar is you know do these statutes as you're accusing me of
[01:28:20.880 --> 01:28:25.280]  violating even apply to me you know because i you know you say i
[01:28:25.280 --> 01:28:29.360]  was engaged in transportation and i don't see any evidence of that
[01:28:29.360 --> 01:28:32.560]  you certainly haven't been able to provide any evidence of that so it's
[01:28:32.560 --> 01:28:36.400]  you know you don't want to let them get the cart ahead of the horse
[01:28:36.400 --> 01:28:40.960]  you know so to speak so don't you know don't let them do that
[01:28:40.960 --> 01:28:45.840]  when you have them on the stand um everything they say there is there is a
[01:28:45.840 --> 01:28:50.240]  presumption and an implication inherent in it uh for example when i was
[01:28:50.240 --> 01:28:53.360]  saying that uh you know when i when i was playing the
[01:28:53.360 --> 01:28:56.640]  officer and um you know i was saying well i
[01:28:56.640 --> 01:29:00.880]  observed uh you know you acting i don't remember the word that i
[01:29:00.880 --> 01:29:05.920]  used unusually or or out of the ordinary you did a really good job of attacking
[01:29:05.920 --> 01:29:09.520]  that presumption um you know that would have gotten right
[01:29:09.520 --> 01:29:13.920]  past most people when i say you know i observe you at a pack at a
[01:29:13.920 --> 01:29:16.960]  stoplight and you got to the next stoplight way
[01:29:16.960 --> 01:29:20.880]  before everybody else did um you know you you attacked a
[01:29:20.880 --> 01:29:24.000]  presumption because the the the presumption and the implication that i
[01:29:24.000 --> 01:29:27.680]  was making is that you were speeding i had reason to believe that everybody
[01:29:27.680 --> 01:29:30.400]  else in that pack that you were originally with was going to
[01:29:30.400 --> 01:29:34.960]  speed limit based on my observations every day and you were going much faster
[01:29:34.960 --> 01:29:37.600]  than they were so i was making an implication and a
[01:29:37.600 --> 01:29:41.440]  presumption that you were speeding and you did a good job of attacking that a
[01:29:41.440 --> 01:29:44.400]  lot of people you know that was slipped right by a lot of people
[01:29:44.400 --> 01:29:47.920]  well i appreciate that and i want it to be known folks that we didn't rehearse
[01:29:47.920 --> 01:29:51.200]  this or prepare it ahead of time this was all done on the fly just like i'd do
[01:29:51.200 --> 01:29:55.440]  it in the class uh so that's just the way it has to work
[01:29:55.440 --> 01:29:58.240]  and the way you have to learn to do it we'll be right back after this break
[01:29:58.240 --> 01:30:04.800]  so y'all hang on
[01:30:04.800 --> 01:30:08.400]  canada's taken a major step towards eliminating cash
[01:30:08.400 --> 01:30:11.440]  i'm dr katherin albrecht in a moment i'll tell you how
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[01:33:05.120 --> 01:33:08.640]  you're listening to the logos radio network
[01:33:08.640 --> 01:33:13.760]  at logosradionetwork.com
[01:34:08.720 --> 01:34:11.760]  man
[01:34:20.480 --> 01:34:23.680]  all right folks we are back this is rule of law radio
[01:34:23.680 --> 01:34:27.520]  my guest johnny had to drop off and take care of some business i got a half an
[01:34:27.520 --> 01:34:31.120]  hour left in the show here and we have one more caller scott in
[01:34:31.120 --> 01:34:34.480]  connecticut but i need some more because i got a half an hour left to fill here
[01:34:34.480 --> 01:34:41.920]  512-646-1984 right scott what can we do for you
[01:34:41.920 --> 01:34:45.840]  yes eddie how are you tonight so far so grand
[01:34:45.840 --> 01:34:51.760]  excellent um in the beginning uh you were talking about uh license plate
[01:34:51.760 --> 01:34:56.720]  uh why the the cop was pulling you over uh
[01:34:56.720 --> 01:35:00.720]  in a this scenario you you have a license plate or you're driving
[01:35:00.720 --> 01:35:05.760]  or you're traveling without one well in this scenario we're assuming people
[01:35:05.760 --> 01:35:11.040]  with plates have had the plate run and the officer hasn't any probable
[01:35:11.040 --> 01:35:16.960]  cause to base that on okay if uh someone was driving or
[01:35:16.960 --> 01:35:22.480]  traveling without a license plate then would that be probable cause to
[01:35:22.480 --> 01:35:26.320]  have the person be pulled over well that depends
[01:35:26.320 --> 01:35:29.520]  for the most part they can say that they did it to determine whether or not the
[01:35:29.520 --> 01:35:32.000]  car was stolen it didn't have a plate on it
[01:35:32.000 --> 01:35:36.480]  which means under their presumption and training is it's trying to hide
[01:35:36.480 --> 01:35:41.200]  the its identity so to speak so they're they're going to pull it over to
[01:35:41.200 --> 01:35:46.800]  determine whether or not it's stolen but they could determine that based upon
[01:35:46.800 --> 01:35:50.560]  you know just looking out for apbs on stolen cars
[01:35:50.560 --> 01:35:54.720]  does the car match the make model and color or any other description
[01:35:54.720 --> 01:36:00.960]  of a currently listed stolen car if there isn't any match then the probable
[01:36:00.960 --> 01:36:06.480]  cause to believe the car is stolen doesn't really exist
[01:36:06.480 --> 01:36:14.160]  oh okay and uh now do you have do you have a plate on yours on your car
[01:36:14.160 --> 01:36:18.720]  i have two one of them has one because it was given to me with all that stuff on
[01:36:18.720 --> 01:36:23.040]  it here not too long ago and then my other car my original
[01:36:23.040 --> 01:36:28.960]  car no it's got a handmade plate on it okay and what's the criteria on a
[01:36:28.960 --> 01:36:33.520]  handmade plate i mean i'm interested in well there is no criteria
[01:36:33.520 --> 01:36:38.320]  okay so all i did was make one to make sure that there was no doubt that it was
[01:36:38.320 --> 01:36:42.480]  not commercial at all
[01:36:43.920 --> 01:36:50.480]  okay and then uh one more question is uh i i noticed with your questions on
[01:36:50.480 --> 01:36:56.240]  your um on your um for the police officer
[01:36:56.240 --> 01:37:01.680]  uh when he's asking for uh license and registration
[01:37:01.680 --> 01:37:06.400]  and in proof of insurance and you go through the questions
[01:37:06.400 --> 01:37:11.200]  what if he says something like license and registration or license and proof of
[01:37:11.200 --> 01:37:14.800]  insurance he keeps asking that do you go to the next you haven't read the
[01:37:14.800 --> 01:37:20.640]  script have you no i have when they ask for that information the
[01:37:20.640 --> 01:37:25.920]  response is very short and very simple officer i've invoked my right to remain
[01:37:25.920 --> 01:37:28.720]  silent is any of the information you are
[01:37:28.720 --> 01:37:32.320]  demanding able to be used against me in a court of law or to potentially
[01:37:32.320 --> 01:37:37.440]  incriminate me in any way if so i reinforce my right to remain
[01:37:37.440 --> 01:37:41.600]  silent and not to provide you with any such information
[01:37:41.600 --> 01:37:48.240]  oh okay all right so i can i can just hop right on to that one absolutely
[01:37:48.240 --> 01:37:52.480]  oh all right uh that's basically all the questions i have for you tonight
[01:37:52.480 --> 01:37:55.440]  thanks eddie okay you're welcome thanks for calling in
[01:37:55.440 --> 01:37:59.040]  all right bye now bye bye all right folks i still don't have any other
[01:37:59.040 --> 01:38:02.240]  additional callers here so i need some more five one two
[01:38:02.240 --> 01:38:08.720]  six four six nineteen eighty four now i've had a couple of scenarios in
[01:38:08.720 --> 01:38:12.320]  class or a couple of classes with the scenario
[01:38:12.320 --> 01:38:16.480]  that we went over on the air tonight where we got a little further and did a
[01:38:16.480 --> 01:38:19.760]  little better because we had different people playing the cop and so on and so
[01:38:19.760 --> 01:38:23.120]  forth and it's really good practice for this
[01:38:23.120 --> 01:38:27.200]  the purpose of my class right now is focusing on the practical application of
[01:38:27.200 --> 01:38:32.160]  what's out there in the statutes what your rights are how to enforce them
[01:38:32.160 --> 01:38:37.760]  and how to act and use them the system as it is set up
[01:38:37.760 --> 01:38:42.800]  right now is geared toward doing nothing so much
[01:38:42.800 --> 01:38:49.200]  as getting you to waive your rights or to outright deprive you of them
[01:38:49.200 --> 01:38:53.040]  under the premise that because we're not throwing you in jail
[01:38:53.040 --> 01:39:00.880]  your rights don't actually exist that's baloney your rights exist
[01:39:00.880 --> 01:39:04.880]  no matter what their intent and purpose is
[01:39:04.880 --> 01:39:11.440]  your rights are your rights they can't make you waive them
[01:39:11.440 --> 01:39:15.360]  only you can waive them and it be voluntary
[01:39:15.360 --> 01:39:21.200]  so stop helping them out by doing that uh another thing johnny and i were
[01:39:21.200 --> 01:39:24.640]  discussing on breaks the officer says something to you
[01:39:24.640 --> 01:39:28.800]  about do you know why i pulled you over do you know how fast you were going
[01:39:28.800 --> 01:39:37.200]  and you answer them stop doing that and most assuredly don't say
[01:39:37.200 --> 01:39:41.520]  something stupid like if i do you have any warrants well i
[01:39:41.520 --> 01:39:46.720]  don't know you can check you're consenting to them
[01:39:46.720 --> 01:39:53.680]  to have them access your information stop doing that
[01:39:53.680 --> 01:39:57.760]  okay the reason the transportation script that i did
[01:39:57.760 --> 01:40:01.040]  doesn't say any of that is because it doesn't
[01:40:01.040 --> 01:40:06.800]  need to be said and folks i'm going to reiterate this one more time for those
[01:40:06.800 --> 01:40:11.760]  that have severe dyslexia uh or any other type of
[01:40:11.760 --> 01:40:15.280]  mental or hearing impediment
[01:40:16.560 --> 01:40:22.640]  do not engage the cop in conversation do not answer the cop's questions and for
[01:40:22.640 --> 01:40:30.480]  god's sakes don't add lib off script if you send me an audio or a video
[01:40:30.480 --> 01:40:34.400]  saying i followed your script and here's what happened
[01:40:34.400 --> 01:40:39.920]  and i play that audio and video and you're doing everything except what the
[01:40:39.920 --> 01:40:45.200]  script tells you to do i'm going to send you a very nasty
[01:40:45.200 --> 01:40:48.480]  reply at what point did you actually begin to
[01:40:48.480 --> 01:40:51.920]  follow the script because for the first 15 minutes you're doing everything the
[01:40:51.920 --> 01:40:57.120]  script said not to do you answered you asked one thing that's
[01:40:57.120 --> 01:41:02.640]  in the script and everything else sounds like you made it up on the fly
[01:41:02.640 --> 01:41:06.800]  and tried to imitate the script but instead you're answering everything
[01:41:06.800 --> 01:41:09.520]  you're asked and giving out all kinds of information
[01:41:09.520 --> 01:41:15.040]  and basically holding a let's be friends and chat party with the cop
[01:41:15.040 --> 01:41:22.160]  newsflash that is not following the script okay
[01:41:22.160 --> 01:41:28.640]  it's not even close so don't send me stuff saying i tried
[01:41:28.640 --> 01:41:32.560]  to follow your script and you're doing everything but
[01:41:32.560 --> 01:41:37.440]  because you're not following the script but i guarantee you when you talk to
[01:41:37.440 --> 01:41:40.800]  people about it you're going to tell them that you were
[01:41:40.800 --> 01:41:46.000]  and that what happened was my fault even though the video or audio clearly shows
[01:41:46.000 --> 01:41:49.760]  you didn't do anything i told you to do and you most certainly did everything i
[01:41:49.760 --> 01:41:54.560]  told you not to so please follow the script means
[01:41:54.560 --> 01:41:58.960]  follow the script now that doesn't necessarily mean from top to bottom you
[01:41:58.960 --> 01:42:02.640]  may have to jump around in the middle of it from place to place
[01:42:02.640 --> 01:42:08.960]  but you don't go off script and ad lib that's dangerous when you don't know
[01:42:08.960 --> 01:42:14.160]  what you're doing and you don't know what they are doing
[01:42:14.160 --> 01:42:19.120]  very dangerous so please if you're going to say you're following
[01:42:19.120 --> 01:42:23.840]  the script try to adhere to it it would be more useful that way all
[01:42:23.840 --> 01:42:27.520]  right we have james in new york up on the board
[01:42:27.520 --> 01:42:31.920]  james we got about oh a minute and 10 seconds before i got to interrupt you for
[01:42:31.920 --> 01:42:37.520]  a break but please go ahead okay hi eddie i i just wanted to ask if
[01:42:37.520 --> 01:42:41.280]  this system applies to all states or just texas
[01:42:41.280 --> 01:42:45.920]  what system are you referring to uh well
[01:42:45.920 --> 01:42:48.960]  what you're what you're uh what you're speaking to
[01:42:48.960 --> 01:42:52.960]  uh the script i've read the script which script
[01:42:52.960 --> 01:42:56.880]  uh both the in court and at the traffic stop
[01:42:56.880 --> 01:43:00.480]  okay and do both of what do both of those scripts
[01:43:00.480 --> 01:43:07.840]  deal with uh transportation uh what else do they deal with
[01:43:07.840 --> 01:43:10.320]  uh
[01:43:11.280 --> 01:43:16.720]  let's see maybe you can maybe you can be helpful with that preserving
[01:43:16.720 --> 01:43:24.320]  protecting and defending your rights okay okay now question
[01:43:24.320 --> 01:43:28.560]  do your rights change when you go from new york to california
[01:43:28.560 --> 01:43:33.760]  no in fact uh i'm dealing with the traffic stop in connecticut
[01:43:33.760 --> 01:43:38.000]  okay so do your rights change between new york and connecticut
[01:43:38.000 --> 01:43:42.880]  i don't know i i guess you don't know all right well you hold that thought
[01:43:42.880 --> 01:43:46.560]  we'll get back on the other side we'll give you a chance to figure it out so
[01:43:46.560 --> 01:43:50.640]  hold on thank you very much all right folks this is rule of law radio
[01:43:50.640 --> 01:43:55.360]  call in number five one two six four six nineteen eighty four i've got one more
[01:43:55.360 --> 01:44:00.560]  segment left i don't know if james will fill it up but we're going to find out
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[01:45:59.760 --> 01:46:16.560]  law easy
[01:46:30.080 --> 01:46:32.560]  scuffling
[01:46:48.400 --> 01:46:52.400]  all right folks we are back this is rule of law radio
[01:46:52.400 --> 01:46:55.600]  all right we are still talking to james in new york
[01:46:55.600 --> 01:47:00.640]  james you still there yes i am all right let's continue on then
[01:47:00.640 --> 01:47:03.600]  so one of the one of the questions i had was
[01:47:03.600 --> 01:47:07.200]  um does the law change from state to state
[01:47:07.200 --> 01:47:14.000]  regarding uh the transportation code applying to commercial activity because
[01:47:14.000 --> 01:47:16.880]  i did when i when i was stopped by the police
[01:47:16.880 --> 01:47:22.080]  officer i i asked the question from the script
[01:47:22.080 --> 01:47:27.120]  if i was uh operating in a commercial manner
[01:47:27.120 --> 01:47:30.960]  i i didn't go you know point by point from the script i don't
[01:47:30.960 --> 01:47:36.160]  you know i tried to recite it as much as i had remembered but
[01:47:36.160 --> 01:47:41.680]  uh he said he didn't know if i was engaged in commercial activities
[01:47:41.680 --> 01:47:45.440]  okay and i said this is this is what you have to understand in relation to your
[01:47:45.440 --> 01:47:49.040]  rights in order to find a reasonable answer to that question
[01:47:49.040 --> 01:47:53.520]  okay all right the founding fathers put into the constitution that
[01:47:53.520 --> 01:47:56.640]  and the constitution does not grant us this right
[01:47:56.640 --> 01:48:01.200]  but it forbids government to interfere with it we have the right to pursue to
[01:48:01.200 --> 01:48:05.920]  our pursuits involving life liberty and the pursuit of happiness right
[01:48:05.920 --> 01:48:09.840]  yes and the federal courts including the supreme court have ruled that the
[01:48:09.840 --> 01:48:15.040]  pursuit of happiness entails many things one of which is the right of liberty
[01:48:15.040 --> 01:48:18.960]  and involved in that right of liberty is many other things the right to
[01:48:18.960 --> 01:48:22.720]  acquire possess and dispose of property uh to
[01:48:22.720 --> 01:48:27.600]  travel from place to place and so on and so forth and they have
[01:48:27.600 --> 01:48:33.200]  even ruled that locomotion is an inherent part
[01:48:33.200 --> 01:48:39.600]  of individual liberty now if liberty is a right
[01:48:39.600 --> 01:48:43.760]  and locomotion is an inherent part of that right
[01:48:43.760 --> 01:48:50.160]  then the state has no right to regulate it or charge a fee or license
[01:48:50.160 --> 01:48:57.120]  and associate it to the right okay no state can do that
[01:48:57.120 --> 01:49:00.640]  it's a privilege no no no that's where you have to understand
[01:49:00.640 --> 01:49:07.920]  the difference in the legalese versus liberty the legalese makes driving or
[01:49:07.920 --> 01:49:14.480]  operating in commerce a privilege but traveling from point a to point b by
[01:49:14.480 --> 01:49:19.600]  your own means and methods is not a privilege it's a right
[01:49:19.600 --> 01:49:23.680]  and there are tons of court cases from all over the u.s
[01:49:23.680 --> 01:49:27.280]  and the federal courts including the supreme court that says
[01:49:27.280 --> 01:49:33.840]  exactly that okay so okay so so when you were speaking
[01:49:33.840 --> 01:49:39.600]  with johnny uh doing the doing uh uh
[01:49:39.600 --> 01:49:43.840]  it sounded to me you were going into merits
[01:49:43.840 --> 01:49:49.760]  uh about you know the you know the speed at which the car was
[01:49:49.760 --> 01:49:54.480]  traveling and i no no no i never went into the merits as to what speed it was
[01:49:54.480 --> 01:49:58.080]  traveling i simply asked him what evidence he had that speeding had
[01:49:58.080 --> 01:50:01.120]  occurred there's a difference but isn't that
[01:50:01.120 --> 01:50:05.280]  isn't that believe me i i don't even know what merits is as far as
[01:50:05.280 --> 01:50:09.040]  legally merits is when you go to the specific elements of a particular legal
[01:50:09.040 --> 01:50:13.760]  accusation okay every every charge
[01:50:13.760 --> 01:50:17.760]  against you has a specific set of elements that are required to be proven
[01:50:17.760 --> 01:50:22.720]  at trial before you can be convicted of the offense
[01:50:22.720 --> 01:50:28.480]  speeding in texas has at least a minimum of 11 elements
[01:50:28.480 --> 01:50:35.040]  okay and they usually prove anywhere from five to seven of them
[01:50:35.040 --> 01:50:38.320]  and the rest are ignored
[01:50:39.120 --> 01:50:44.160]  but they're required to prove them all and they don't
[01:50:44.160 --> 01:50:48.240]  but when you go to the specific elements you're admitting that it has
[01:50:48.240 --> 01:50:53.360]  a particular issue all i went to was what evidence are you alleging you
[01:50:53.360 --> 01:50:59.680]  possessed or introduced that i was speeding
[01:51:00.160 --> 01:51:05.040]  okay and when i said you never got a reading as to an actual speed
[01:51:05.040 --> 01:51:10.560]  again i'm not asserting any actual speed i'm not addressing a specific speed at
[01:51:10.560 --> 01:51:14.160]  all i'm simply saying he again never acquired
[01:51:14.160 --> 01:51:17.840]  any actual evidence asserting any particular speed that
[01:51:17.840 --> 01:51:23.120]  would have proven his assumption that i was speeding
[01:51:23.120 --> 01:51:26.800]  okay let's let's use the example of being pulled over for
[01:51:26.800 --> 01:51:30.160]  you know which most people are are pulled over for
[01:51:30.160 --> 01:51:35.120]  a radar reading so in that case
[01:51:35.920 --> 01:51:38.800]  what is the situation how do you argue that
[01:51:38.800 --> 01:51:45.520]  you don't we're never arguing anything relating specifically to the
[01:51:45.520 --> 01:51:49.520]  charge or the reading on the radar things like
[01:51:49.520 --> 01:51:52.720]  that if you're arguing not engaged in transportation
[01:51:52.720 --> 01:51:56.880]  because under what code or what set of statutes
[01:51:56.880 --> 01:52:00.080]  would a speeding charge originate is it in your penal code in
[01:52:00.080 --> 01:52:02.640]  in new york
[01:52:03.200 --> 01:52:07.360]  i don't know it's not it's in your motor vehicle code
[01:52:07.360 --> 01:52:10.480]  okay and your motor vehicle code is a commercial
[01:52:10.480 --> 01:52:15.840]  only code it only has to do with those engaged in
[01:52:15.840 --> 01:52:20.320]  using the roads for commercial purposes i went to i went to a new york law
[01:52:20.320 --> 01:52:25.760]  library and tried to find uh the language that said it was
[01:52:25.760 --> 01:52:29.120]  it was there may not be any such language
[01:52:29.120 --> 01:52:33.040]  but you have to understand that there are only certain things the language
[01:52:33.040 --> 01:52:39.680]  can encompass okay if the language attempts to encompass a right
[01:52:39.680 --> 01:52:45.680]  and turn it into a privilege then that is a bad interpretation of the statute
[01:52:45.680 --> 01:52:49.200]  it's a ridiculous outcome which is a part of what they call
[01:52:49.200 --> 01:52:53.360]  statutory interpretation the interpretation cannot result in a
[01:52:53.360 --> 01:52:58.400]  ridiculous outcome and to assert that the state
[01:52:58.400 --> 01:53:02.480]  can create a statute that would convert a right
[01:53:02.480 --> 01:53:07.120]  into a privilege and either require you to pay a license
[01:53:07.120 --> 01:53:13.200]  a tax or a fee in order to exercise that right the supreme court has
[01:53:13.200 --> 01:53:18.880]  already said cannot be done can't be done
[01:53:18.880 --> 01:53:23.040]  so it isn't necessarily what it says as much as what it
[01:53:23.040 --> 01:53:29.360]  doesn't say in some cases remember your public servants cannot do anything
[01:53:29.360 --> 01:53:34.640]  that is not specifically authorized by law
[01:53:34.640 --> 01:53:40.800]  if the law never says that it applies to everything with wheels i mean let's look
[01:53:40.800 --> 01:53:45.520]  at it from this perspective under reasonable analysis if the
[01:53:45.520 --> 01:53:48.640]  legislature intended that the statute encompass
[01:53:48.640 --> 01:53:55.360]  every car on the road how much easier and clearer would the statute be
[01:53:55.360 --> 01:54:01.440]  if it simply said a motor vehicle is anything on the road that is
[01:54:01.440 --> 01:54:04.240]  self-propelled
[01:54:06.480 --> 01:54:09.440]  would that not be a straightforward definition that would
[01:54:09.440 --> 01:54:14.320]  clearly apply to anything on the road that was self-propelled
[01:54:14.320 --> 01:54:17.600]  so you're saying so you're saying it does not say that
[01:54:17.600 --> 01:54:22.480]  it doesn't say that if you look most of them will have what i refer to as a
[01:54:22.480 --> 01:54:26.400]  compound definition motor vehicle will contain the term
[01:54:26.400 --> 01:54:29.360]  vehicle which is which itself will have a
[01:54:29.360 --> 01:54:33.200]  separate definition somewhere else and vice versa
[01:54:33.200 --> 01:54:36.960]  sometimes vehicle will conclude include the term
[01:54:36.960 --> 01:54:40.240]  motor vehicle which has a separate term and definition
[01:54:40.240 --> 01:54:44.480]  all to itself those are compound definitions when they do that
[01:54:44.480 --> 01:54:48.720]  but one of them will invariably contain the language
[01:54:48.720 --> 01:54:55.120]  used to transport or used for transportation of passengers or
[01:54:55.120 --> 01:55:01.760]  property on a highway all of that is key transport or
[01:55:01.760 --> 01:55:05.440]  transportation is something that only a commercial
[01:55:05.440 --> 01:55:10.160]  carrier can do someone who is getting paid to move
[01:55:10.160 --> 01:55:15.280]  person's goods or property from one place to another for a fee
[01:55:15.280 --> 01:55:21.280]  for compensation or hire a taxi cab does it a bus company does
[01:55:21.280 --> 01:55:26.960]  it a freight company does it a train does it and so on and so forth trolley
[01:55:26.960 --> 01:55:31.520]  services do it these downtown horse-drawn carriages
[01:55:31.520 --> 01:55:35.760]  and electric carts do it so on and so forth they're all using
[01:55:35.760 --> 01:55:42.960]  the public roads for profit that can be regulated
[01:55:42.960 --> 01:55:47.120]  you and i however are traveling on it as a matter of
[01:55:47.120 --> 01:55:51.120]  right the roads belong to us not the state
[01:55:51.120 --> 01:55:57.520]  but to us we simply elected the people to take care of our roads for us
[01:55:57.520 --> 01:56:01.360]  there are caretakers they're not the owners
[01:56:01.360 --> 01:56:04.880]  that's the first presumptive mistake people make that the state
[01:56:04.880 --> 01:56:11.120]  owns the roads they do not the people on the roads and the state
[01:56:11.120 --> 01:56:16.000]  is the caretaker their job is to keep them in good order for
[01:56:16.000 --> 01:56:20.000]  us to use for our private business and pleasure
[01:56:20.000 --> 01:56:23.600]  but when someone begins to use the public property for
[01:56:23.600 --> 01:56:30.560]  private profit and gain then it becomes something the state can regulate
[01:56:30.560 --> 01:56:34.800]  you follow yes okay the judge is going to follow that
[01:56:34.800 --> 01:56:38.480]  the judge would follow it just fine because there's tons of supreme court
[01:56:38.480 --> 01:56:42.240]  cases and federal court cases and state court cases that make it
[01:56:42.240 --> 01:56:47.280]  abundantly clear the thing is is they learned that there are
[01:56:47.280 --> 01:56:51.440]  billions and trillions of dollars of revenue to be made
[01:56:51.440 --> 01:56:57.040]  by suckering the general public into paying these fees for these licenses and
[01:56:57.040 --> 01:57:01.840]  these privileges even though they're not required to do so
[01:57:01.840 --> 01:57:08.880]  when you consider that roughly 10 percent of the total vehicles
[01:57:08.880 --> 01:57:12.880]  in the state out of all the cars in the state
[01:57:12.880 --> 01:57:17.440]  are actually taxable as commercial versus non-commercial
[01:57:17.440 --> 01:57:21.280]  that's a huge sum of money the state's not getting when it can't apply to
[01:57:21.280 --> 01:57:23.840]  everybody
[01:57:23.840 --> 01:57:27.040]  that's a that's a very large motivation for committing
[01:57:27.040 --> 01:57:29.440]  fraud
[01:57:30.800 --> 01:57:34.480]  hence now we get down into the realm of what they generally do
[01:57:34.480 --> 01:57:38.320]  policing for profit
[01:57:38.800 --> 01:57:42.960]  that's why they want to be able to write tickets to everybody
[01:57:42.960 --> 01:57:47.840]  say again and i understand their motive but what is what is their motive
[01:57:47.840 --> 01:57:54.480]  to to actually follow that previous case law not getting sued for
[01:57:54.480 --> 01:57:58.480]  deprivation of rights that's their motive but until somebody actually
[01:57:58.480 --> 01:58:02.640]  does it and makes them accountable then they're going to keep getting away with
[01:58:02.640 --> 01:58:06.080]  it they have nobody fights their tickets
[01:58:06.080 --> 01:58:09.520]  on the right argument and then if they do fight it they
[01:58:09.520 --> 01:58:12.480]  don't fight it to appeal in order to win the argument
[01:58:12.480 --> 01:58:17.520]  they give up and the system is designed to make that happen
[01:58:17.520 --> 01:58:25.280]  right okay uh yes i'm i'm gonna need
[01:58:25.280 --> 01:58:28.480]  okay well you're glad to call me back in next week because i am out of time for
[01:58:28.480 --> 01:58:30.880]  tonight julius i'm sorry i wasn't able to get
[01:58:30.880 --> 01:58:33.840]  to you there man james thanks for calling but call me back next monday and
[01:58:33.840 --> 01:58:38.400]  we'll carry on okay take care you too all right folks this has
[01:58:38.400 --> 01:58:41.600]  been rule of law radio's monday night show with your host eddie craig i want
[01:58:41.600 --> 01:58:43.920]  to thank you all for listening and for calling in
[01:58:43.920 --> 01:58:47.360]  and for just staying there and supporting us y'all have a great week
[01:58:47.360 --> 01:58:53.360]  good night and god bless bibles for america is offering absolutely
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[01:59:51.680 --> 02:00:11.760]  looking for some truth you found it logos radio network.com