ROL_2014-10-06_16k.timecode
[00:00.000 --> 00:07.800] This is the Liberty Beat, your daily source for Liberty News and activist updates online
[00:07.800 --> 00:09.640] at thelibertybeat.com.
[00:09.640 --> 00:14.280] I'm Brian Hagan with your Liberty Beat for Monday, October 6, 2014.
[00:14.280 --> 00:21.240] Gold has been trading around $1200, silver around $16.91 and Bitcoin at $300.
[00:21.240 --> 00:24.120] We'll have more on Bitcoin's current price coming up.
[00:24.120 --> 00:27.920] Support for the Liberty Beat comes from the Kent Phillips Froston City Council District
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[00:28.920 --> 00:33.720] Kent Phillips, a principled candidate with a commitment to honest, open and transparent
[00:33.720 --> 00:34.720] government.
[00:34.720 --> 00:37.440] Learn more at votekentthelps.com.
[00:37.440 --> 00:40.600] Political advertisement paid for by Kent Phillips.
[00:40.600 --> 00:44.760] Support also comes from Marjorie Wildcraft's Grow Your Own Groceries, homegrown food on
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[00:48.640 --> 00:53.440] In the news, the price of Bitcoin dropped nearly 20% over the weekend as it reached
[00:53.440 --> 00:56.200] its lowest trading point this calendar year.
[00:56.200 --> 01:00.960] Enthusiasts speculate the price decline may be in response to large businesses who accept
[01:00.960 --> 01:04.200] Bitcoin that immediately convert it to cash.
[01:04.200 --> 01:08.520] Others speculate the drop may be a result of a hesitant market, waiting to see what
[01:08.520 --> 01:11.880] sort of regulations will come out of government institutions.
[01:11.880 --> 01:15.960] While the drop may seem sudden, the price has still doubled the trading price this time
[01:15.960 --> 01:19.480] last year.
[01:19.480 --> 01:24.440] An American photojournalist who contracted Ebola while working in West Africa began his
[01:24.440 --> 01:29.160] journey home for treatment on Sunday, while a man who recently arrived in Dallas from
[01:29.160 --> 01:32.920] Liberia remained in critical condition with the disease.
[01:32.920 --> 01:38.240] 33-year-old Ashoka Mukpo will be the second Ebola patient to be treated at the Nebraska
[01:38.240 --> 01:44.120] Medical Center's Specialized Isolation Unit.
[01:44.120 --> 01:49.000] Months before the attacks of September 11, 2001, three witnesses described seeing the
[01:49.000 --> 01:53.200] alleged al-Qaeda hijackers at Logan Airport in Boston.
[01:53.200 --> 01:57.280] The New York Post reported on new details released into the public archive following
[01:57.280 --> 01:59.760] the settlement of a wrongful death suit.
[01:59.760 --> 02:03.800] The witnesses, which included an American Airlines official, reported videotaping of
[02:03.800 --> 02:08.640] security checkpoints and odd behavior for men later identified as Muhammad Ada and other
[02:08.640 --> 02:10.000] hijackers.
[02:10.000 --> 02:15.080] Despite the witnesses reporting what they saw, no steps were taken to question the man.
[02:15.080 --> 02:21.400] Support for Liberty Bee comes from My Magic Mind, detoxifying tooth powder, the most effective
[02:21.400 --> 02:23.680] and affordable dental care around.
[02:23.680 --> 02:28.560] Jessica Armand would like to thank Liberty Bee listeners for all of their support.
[02:28.560 --> 02:33.080] Get a 150 application chart at MyMagicMind.com.
[02:33.080 --> 02:37.200] And today's edition of the Liberty Bee brought to you by Brave New Books, your source for
[02:37.200 --> 02:38.720] all things Bitcoin.
[02:38.720 --> 02:44.480] Now hosting a Bitcoin ATM located in Austin, Texas at 1904 Guadalupe Street or online
[02:44.480 --> 02:47.080] BraveNewBookStore.com.
[02:47.080 --> 02:51.280] This is the Liberty Bee for Monday, October 6, 2014.
[02:51.280 --> 02:57.160] Check out the website at TheLibertyBeat.com and like us on Facebook at Facebook.com The
[02:57.160 --> 02:58.160] Liberty Beat.
[02:58.160 --> 03:25.160] The Liberty Bee for Monday, October 6, 2014.
[03:25.160 --> 03:51.160] The Liberty Bee for Monday, October 6, 2014.
[03:51.160 --> 04:17.160] The Liberty Bee for Monday, October 6, 2014.
[04:17.160 --> 04:45.160] The Liberty Bee for Monday, October 6, 2014.
[04:45.160 --> 04:47.160] This is your host, Eddie Craig.
[04:47.160 --> 04:48.160] All right.
[04:48.160 --> 04:58.480] Now I don't have anything really monumental to discuss tonight, though I do have a commentary
[04:58.480 --> 05:05.680] to be made on this Ebola thing that is being implemented to terrorize us into doing things
[05:05.680 --> 05:09.920] that probably would not be very smart to give in and do.
[05:09.920 --> 05:20.200] Now everything I'm about to say is a hypothetical, but going by past experience and watching how
[05:20.200 --> 05:27.200] this current and past administrations have gone about doing things to control the public,
[05:27.200 --> 05:32.720] I think they're reasonable to discuss.
[05:32.720 --> 05:38.360] Now first and foremost, if you don't know what Ebola is, look it up.
[05:38.360 --> 05:45.880] It is a highly contagious and highly fatal viral disease.
[05:45.880 --> 05:48.600] It is a virus that attacks you.
[05:48.600 --> 05:53.000] It causes bleeding from your eyes, your mouth, your nose.
[05:53.000 --> 05:56.080] I mean, it's a really bad way to go.
[05:56.080 --> 05:59.360] High fevers, the whole nine yards.
[05:59.360 --> 06:08.240] Now based upon some information, I received from an individual who watched an interview
[06:08.240 --> 06:11.280] with some authority on this issue.
[06:11.280 --> 06:15.040] I don't remember if it was a CDC doctor or someone in Africa.
[06:15.040 --> 06:21.320] I think it was someone in Africa because they were discussing how this outbreak was unique
[06:21.320 --> 06:25.240] among Ebola outbreaks of the past.
[06:25.240 --> 06:32.040] And that is, is that this so-called new strain of Ebola is taking much longer to produce
[06:32.040 --> 06:38.360] symptoms and much longer to kill, but it still does so.
[06:38.360 --> 06:45.600] Now if you're an elitist individual that wants to decrease the world's population by whatever
[06:45.600 --> 06:56.480] means possible, how would you use something like Ebola to your advantage?
[06:56.480 --> 07:05.080] And then why in God's name would you be stupid enough to allow it to be transported into
[07:05.080 --> 07:14.320] your own country where it does not yet exist in a form that could affect the population?
[07:14.320 --> 07:23.240] In other words, it's not outside of any controlled lab facility like that of the CDC, okay?
[07:23.240 --> 07:33.680] And now they're literally importing people that have it in unprotected commercial flights
[07:33.680 --> 07:36.320] and everything else that would appear.
[07:36.320 --> 07:42.840] And they're taking them to major cities and putting them in hospitals in major cities.
[07:42.840 --> 07:51.140] Now if this is a real Ebola outbreak like they want us to believe it is, these procedures
[07:51.140 --> 07:53.920] are absolutely asinine.
[07:53.920 --> 07:59.320] The concept of doing this is beyond stupidity.
[07:59.320 --> 08:04.600] But if you are an elitist that wanted to do population control, this would be a good
[08:04.600 --> 08:10.320] way to hide exactly that attempt.
[08:10.320 --> 08:12.720] And let me explain what I mean by that.
[08:12.720 --> 08:15.160] Now these concepts are entirely my own.
[08:15.160 --> 08:19.920] I discussed them with the individual in question when we began talking about this and what
[08:19.920 --> 08:23.800] he had heard on these interviews and so on and so forth.
[08:23.800 --> 08:32.280] But let's consider for a minute that in every major pandemic scare they've used in the
[08:32.280 --> 08:39.600] last eight years, the ruse has been to make you believe that there is a huge outbreak
[08:39.600 --> 08:46.760] that requires vaccination to prevent the spreading of and the fatalities associated
[08:46.760 --> 08:54.880] with whatever disease the pandemic is named for, swine flu, avian flu, bird flu, mad
[08:54.880 --> 08:59.840] cow disease, you name it.
[08:59.840 --> 09:05.760] Now this goes hand in hand with the aid scare and everything else that has been thrown
[09:05.760 --> 09:16.520] out there and allegedly the American government or the CDC or someone owns a patent on the
[09:16.520 --> 09:24.480] Ebola virus, which means it was manufactured by somebody and they're patenting it as intellectual
[09:24.480 --> 09:27.280] property.
[09:27.280 --> 09:32.880] I mean, what does this tell us in no uncertain terms?
[09:32.880 --> 09:37.680] It at least leads us to possibilities of.
[09:37.680 --> 09:43.600] If you've engineered a strain of this Ebola virus to take longer for the infected individual
[09:43.600 --> 09:53.040] to show signs and symptoms and longer to kill them after they begin to do so, are you not
[09:53.040 --> 10:02.640] increasing exponentially the probability of spreading an infectious viral disease amongst
[10:02.640 --> 10:05.640] the population?
[10:05.640 --> 10:14.800] And let's not completely rely upon the assertions by doctors and CDC individuals that you're
[10:14.800 --> 10:21.360] only contagious once you begin to run a fever because we know that's not true.
[10:21.360 --> 10:23.440] And how do we know that's not true?
[10:23.440 --> 10:34.160] Well, if you can take a Q-tip and swab it in these bacteria and viruses and then apply
[10:34.160 --> 10:40.840] them to an individual, I guarantee you the Q-tip was not running a fever, but it was
[10:40.840 --> 10:43.920] still infectious.
[10:43.920 --> 10:48.160] And they introduced it in exactly the same ways that it would be introduced to the general
[10:48.160 --> 10:56.200] public through the mucal membranes of the sinus cavities, inhalation, tears, eyes, any other
[10:56.200 --> 11:01.400] openings on the body that would have naturally or unnaturally occurred that would have allowed
[11:01.400 --> 11:09.760] any type of bacteria or viral infection to be spread to that individual.
[11:09.760 --> 11:17.920] People with germs, bacteria and viruses touch inanimate objects incapable of running a fever
[11:17.920 --> 11:20.560] every single day.
[11:20.560 --> 11:29.640] And we know very well that those diseases are spread by that contact to other individuals.
[11:29.640 --> 11:38.400] Why are we assuming and why are we asserting that something like Ebola would be any different?
[11:38.400 --> 11:44.240] I mean, let's imagine for a moment that you have this guy, even though Ebola is not airborne,
[11:44.240 --> 11:48.040] he's walking around with a head cold while he's infected with Ebola.
[11:48.040 --> 11:53.360] He sneezes into his hands while he's covering his mouth and then without washing or anything
[11:53.360 --> 11:57.400] else shakes the hands of the next person he meets.
[11:57.400 --> 12:02.240] And it's a hot day, so they're both sweaty, so the exchange is really easy.
[12:02.240 --> 12:07.200] And while they're standing there talking after this greeting, the one that's now the new
[12:07.200 --> 12:14.080] arrival rubs his infected hand over his face because of the sweat that may be forming on
[12:14.080 --> 12:22.560] his brown running into his eyes or some such scenario and thus infects himself.
[12:22.560 --> 12:33.600] Now if information on Ebola is accurate, nothing short of fire kills this viral entity.
[12:33.600 --> 12:38.760] So being outside the body for a very short period of time like that certainly is not
[12:38.760 --> 12:46.560] going to impact its ability to be dangerous and deadly to whoever picks it up.
[12:46.560 --> 12:56.880] So if you introduce that into your country after altering it to hide its availability
[12:56.880 --> 13:03.680] to be passed along, then you're asking to have exactly that happen.
[13:03.680 --> 13:07.780] Which in turn would make it very difficult for those that are actually thinking they're
[13:07.780 --> 13:14.320] protected from it because of this miracle vaccine that usually takes years to develop
[13:14.320 --> 13:22.040] yet someone has magically have huge quantities available to vaccinate Americans against
[13:22.040 --> 13:25.120] this if it should become an outbreak.
[13:25.120 --> 13:30.920] Now you want to talk about more than just a coincidence.
[13:30.920 --> 13:35.840] Now after all of the refusals that have come out based upon knowledge and information relating
[13:35.840 --> 13:44.480] to vaccines, how else do you go about getting people to run in and get inoculated by something
[13:44.480 --> 13:47.960] that they have no clue what's actually in it?
[13:47.960 --> 13:57.920] And if your goal is population control and decrease, what is to prevent that so-called
[13:57.920 --> 14:04.280] antidote and inoculation to contain other harmful things which we know the ones that
[14:04.280 --> 14:09.600] are given out now do, mercury and aluminum and all kinds of other stuff that's harmful
[14:09.600 --> 14:11.120] to people.
[14:11.120 --> 14:18.440] But what if this one specifically has a catalyst agent in it?
[14:18.440 --> 14:26.320] And then all they need to do to make their pandemic a success is to introduce something
[14:26.320 --> 14:33.280] other than Ebola specifically designed to interact with that catalyst agent to cause
[14:33.280 --> 14:41.640] those people to become infected with an Ebola-like disease and die without the danger of the infection
[14:41.640 --> 14:47.360] because it's not actually viral.
[14:47.360 --> 14:53.200] And thus now they've got you right where they want you, inoculated with their catalyst.
[14:53.200 --> 14:57.580] Not only do they have the inoculation in your body, but the moment they applied the needle
[14:57.580 --> 15:02.760] to your arm, they captured your DNA at the same time.
[15:02.760 --> 15:08.720] Now they can specifically target individuals based upon DNA patterns they collected while
[15:08.720 --> 15:18.280] they were inoculating you and thus doubly ensure their safety by targeting people specifically
[15:18.280 --> 15:22.120] through DNA.
[15:22.120 --> 15:28.360] This is just another reason why the federal government has worked so hard to ensure the
[15:28.360 --> 15:38.480] existence and ability to create and dump information into a national DNA database.
[15:38.480 --> 15:46.160] That's why they want blood, urine and everything else when you go get a license these days.
[15:46.160 --> 15:51.880] That's why they're setting up laws that allow it to be collected so that DNA database can
[15:51.880 --> 15:56.840] be maintained and increased.
[15:56.840 --> 15:58.960] And this will continue.
[15:58.960 --> 16:05.040] Your biometric information is not only for sale, it is potentially used to eliminate
[16:05.040 --> 16:09.000] you from the population.
[16:09.000 --> 16:14.200] Now again, this is all theoretical, it's all hypothetical, but it is definitely within
[16:14.200 --> 16:18.760] their purview, their mandate and their desire.
[16:18.760 --> 16:24.040] Most assuredly it's within their capabilities.
[16:24.040 --> 16:30.040] Everything you think is new age and new fangled and high technology for the day is 50 years
[16:30.040 --> 16:36.040] behind where our government has taken its internal level of technology.
[16:36.040 --> 16:43.320] I guarantee that through DARPA and all these other places, the public knows far less about
[16:43.320 --> 16:46.040] technology than the government does at this point.
[16:46.040 --> 16:51.440] Alright folks, calling number 512-646-1984.
[16:51.440 --> 16:55.320] Let's have some conversations, Charles, if you're waiting on me, I'll pick you up when
[16:55.320 --> 16:56.320] we get back.
[16:56.320 --> 17:00.680] We'll be right back folks, so y'all hang on.
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[22:06.600 --> 22:12.760] issue here, Eddie. I'm being accused of something here of a battery here in Georgia.
[22:13.320 --> 22:18.200] Now, I'm not familiar with the laws here. I just kind of moved here and I'm kind of stumped
[22:18.200 --> 22:24.600] and stifled about what to do and when to do it. I want to challenge the jurisdiction here
[22:25.480 --> 22:29.720] and I need to know, is there a time frame that I need to challenge the jurisdiction?
[22:29.720 --> 22:36.600] No, jurisdiction can be challenged at any time, whether it be before trial, at trial,
[22:36.600 --> 22:44.440] or 20 years after trial. If the court never had subject matter jurisdiction or jurisdiction
[22:44.440 --> 22:52.280] of the individual or jurisdiction of the venue, then it lacked the ability to preside over the case.
[22:52.280 --> 23:00.600] Now, certain ones like venue can be changed by being waived in one location and agreed
[23:00.600 --> 23:08.520] to be moved to another. Things like personal jurisdiction can be waived by entering a plea
[23:09.160 --> 23:16.360] or by making a general appearance, but subject matter jurisdiction is entirely unique
[23:16.360 --> 23:21.800] in that nothing will grant it if it doesn't exist.
[23:25.480 --> 23:33.960] Okay. Well, here in Georgia, they did this thing to where if I want to file a lawsuit
[23:34.840 --> 23:40.120] challenging the jurisdiction. Well, a lawsuit separate from a criminal charge. One does not
[23:40.120 --> 23:46.040] have anything to do with the other in relation to the courts. The only way that a lawsuit will
[23:46.040 --> 23:51.240] do you any good in relation to the criminal is if you beat the criminal and you can add
[23:51.240 --> 23:58.120] malicious prosecution to it. So, don't count on a civil suit to be a blockade to the criminal.
[23:59.640 --> 24:06.600] Right. Okay. That's perfect. Now, we're going to move on a little bit.
[24:08.280 --> 24:13.400] Now, I want to file, there's two ways to do this. They have a demur and they have a motion
[24:13.400 --> 24:21.400] to dismiss here. Right. Challenging the jurisdiction here. And, you know, there's this big myth out
[24:21.400 --> 24:27.640] there that demur has been abolished according to a couple of other people I've listened to that
[24:27.640 --> 24:32.760] that's not necessarily true. Yeah. The courts refuse to recognize them even though they can't
[24:32.760 --> 24:44.120] actually abolish them because of what they do. Exactly. So, in my case, I haven't been to arraignment.
[24:47.240 --> 24:53.480] It's kind of common knowledge that people don't want to file a motion to dismiss before arraignment
[24:54.040 --> 25:00.360] before discovery has been made. Now, that's what I keep getting. Now, I didn't get a chance
[25:00.360 --> 25:09.480] to ask, do that, and I want to ask you that. Would it be wise to file a motion to dismiss
[25:10.600 --> 25:20.280] before the arraignment? Well, you can file a motion to dismiss anytime, but they're not
[25:20.280 --> 25:28.680] going to hear it until they actually set a motion's hearing. The arraignment is a step in the process.
[25:28.680 --> 25:36.280] Anything you file is not going to get looked at until further into the process. Now, that,
[25:36.280 --> 25:44.200] of course, is different if they have what Texas is supposed to have, and that is an
[25:44.200 --> 25:51.400] examining trial process before anything else, in which case they're required to look into the
[25:51.400 --> 25:56.200] evidence and facts to make a determination of probable cause, whether or not there is enough
[25:56.200 --> 26:01.800] evidence to proceed to an actual trial, and whether or not there's any exculpatory evidence
[26:01.800 --> 26:09.000] that would prevent them from doing so. So, you'd have to look and see if Georgia recognizes that
[26:09.000 --> 26:20.760] as a possibility. Okay. I will do that. I'm writing this down, not an exculpatory examination.
[26:20.760 --> 26:28.680] No, not exculpatory. Examining trial or whatever they might call it there.
[26:31.160 --> 26:39.160] An examining trial is where you can introduce exculpatory evidence, but the process is called
[26:39.160 --> 26:45.160] an examining trial. They're examining into the facts and evidence prior to an actual trial.
[26:45.160 --> 26:51.000] That's also where they're supposed to determine what evidence is admissible, what testimony is
[26:51.000 --> 26:59.720] admissible, and whether or not the facts exist to proceed, at least in Texas. Now, again,
[26:59.720 --> 27:04.600] in Georgia, I don't know that they have that, but it definitely would behoove you to find out.
[27:06.360 --> 27:12.520] Right. And you'd probably find that in whatever constitutes the criminal procedure code there
[27:12.520 --> 27:25.720] in Georgia. Yeah, that's Title 17 here. That's Title 17 here. All right. One more. I got another
[27:25.720 --> 27:40.280] question here. Okay. I noticed I looked on your website and you had a lot of good information there
[27:40.280 --> 27:46.760] regarding the arrest and the challenging the jurisdiction and things of that nature.
[27:46.760 --> 27:53.560] Wait. Which website are you referring to? The Rule of Law website.
[27:53.560 --> 28:01.560] Rule of Law radio? Are you talking Juris Imprudence? Oh, you know what? Juris Imprudence.
[28:01.560 --> 28:07.000] Yeah. That's Randy's website. That one's not mine. Oh, okay. I'm sorry about that.
[28:07.000 --> 28:11.560] No, that's okay. I mean, Randy's got some good information up there.
[28:12.920 --> 28:18.840] Yes. Well, he had some good stuff for Texas, so it doesn't do me any good.
[28:19.560 --> 28:26.280] Well, that isn't necessarily true, simply because most states have a common statutory
[28:26.280 --> 28:32.920] scheme and process for what they do. So by reading the Texas information, you at least will gain
[28:32.920 --> 28:42.120] some insight into what you should be searching for in your own codes. Right. Okay. Gotcha.
[28:43.080 --> 28:50.680] Gotcha. Well, in looking at this, what I did was I found a couple of things
[28:51.400 --> 28:55.000] according to the jurisprudence, I'm sorry, to the jurisdiction
[28:55.000 --> 29:04.680] challenges that I found just simply absolutely amazing. One was at the time of arrest that
[29:04.680 --> 29:14.200] was being challenged in regards to how come they didn't take you straight to the magistrate
[29:14.200 --> 29:25.480] instead of having you booked in and waiting 2048 hours because Georgia does the exact same thing
[29:25.480 --> 29:31.720] every other state, including Texas does. They make a false presumption on what that 48 hours
[29:31.720 --> 29:36.440] actually allows them to get away with doing. Hang on just a second while we go to break.
[29:36.440 --> 29:41.960] And after I get back, I'll explain to you exactly how that works. Okay. Thank you.
[29:41.960 --> 29:45.400] You're welcome. So hang on, Charles, and we'll be right back. All right, folks. This is Ruel
[29:45.400 --> 29:53.480] of Law Radio. The calling number is 512-646-1984. Eric and whoever's calling in from California,
[29:53.480 --> 29:57.480] y'all hang on there. I will pick y'all up when I get done with Charles on the other side as quickly
[29:57.480 --> 30:07.160] as I can. We'll be right back. Should parents be fingerprinted to drop off their kids at daycare?
[30:07.160 --> 30:11.720] Mississippi says yes, but only low-income parents are being targeted. I've got your
[30:11.720 --> 30:15.480] Catherine Albrecht back with more on this privacy rights issue next.
[30:16.360 --> 30:21.960] Privacy is under attack. When you give up data about yourself, you'll never get it back again.
[30:21.960 --> 30:26.360] And once your privacy is gone, you'll find your freedoms will start to vanish too.
[30:27.000 --> 30:33.240] So protect your rights. Say no to surveillance and keep your information to yourself. Privacy,
[30:33.240 --> 30:38.520] it's worth hanging on to. This message is brought to you by StartPage.com, the private
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[30:45.880 --> 30:51.080] In Mississippi, low-income parents are getting an ultimatum at daycare centers. Give up your
[30:51.080 --> 30:56.920] biometric data or do without daycare. Under Mississippi's program, parents who receive state
[30:56.920 --> 31:03.160] subsidies for childcare must have all 10 of their fingerprints scanned, with no exceptions. Wealthier
[31:03.160 --> 31:07.960] parents who can afford to pay for daycare don't have to do this. State officials are trying to
[31:07.960 --> 31:13.080] justify this policy by saying that poor parents could be committing fraud, but they're applying
[31:13.080 --> 31:18.760] the policy to the innocent as well, of course. So when did the working poor become suspects?
[31:18.760 --> 31:23.240] No parent in America should be treated like a criminal just to get childcare.
[31:23.240 --> 31:27.800] I'm Dr. Catherine Albrecht for StartPage.com, the world's most private search engine.
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[32:02.840 --> 32:06.840] Rule of Law Radio is proud to offer the Rule of Law Traffic Seminar. In today's America,
[32:06.840 --> 32:10.680] we live in an us against them society, and if we the people are ever going to have a free society,
[32:10.680 --> 32:14.840] then we're going to have to stand and defend our own rights. Among those rights are the right to
[32:14.840 --> 32:18.280] travel freely from place to place, the right to act in our own private capacity, and most
[32:18.280 --> 32:22.520] importantly, the right to due process of law. Traffic courts afford us the least expensive
[32:22.520 --> 32:27.000] opportunity to learn how to enforce and preserve our rights through due process. Former Sheriff's
[32:27.000 --> 32:31.000] Deputy A. Craig, in conjunction with Rule of Law Radio, has put together the most comprehensive
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[32:59.400 --> 33:11.400] Live free speech radio, logosradionetwork.com.
[33:30.360 --> 33:40.520] Oh sir, the lessons are raced, well done Bush. The lessons are raced, predicting.
[33:42.040 --> 33:47.400] Well, I know you don't have to prosecute, don't come and help me. Prosecute them wicked leaders.
[33:47.400 --> 33:52.520] They're my mother, a liar, a damn teller, damn a liar, not tell six stories.
[33:52.520 --> 34:00.040] Me not believe, me say what them tell, three percent of America vote for Bush. So how did he get the president?
[34:00.040 --> 34:05.480] That's why me have a warrant for him. Everybody listen carefully, listen to the words of the
[34:05.480 --> 34:25.480] fishing species. The lessons are raced, well done Bush. My warrant, I'm reaching. The lessons are raced, well done Bush. My warrant, I'm reaching.
[34:25.480 --> 34:29.720] Well, we don't forget from school, well done Bush. I'm reaching.
[34:29.720 --> 34:35.320] All right folks, we are back. This is rule of law radio and we are talking to Charles in Georgia.
[34:36.280 --> 34:39.320] All right Charles, remind me again what I'm trying to explain to you.
[34:43.560 --> 34:50.200] I think you were going with the, the, the exculpatory, I'm sorry, the examining trial and
[34:50.200 --> 34:57.320] exculpatory evidence. Yeah, in relation to the examining trial, when they're bringing you into
[34:57.320 --> 35:03.880] this, the examining trial here requires that they bring in all their witnesses, all their evidence,
[35:03.880 --> 35:11.640] that they testify, that all of that is supposed to be written down. It is supposed to be signed off
[35:11.640 --> 35:16.760] on by both parties, the prosecution and the defense. And they come to a mutual agreement,
[35:16.760 --> 35:22.040] that that is in fact the statements of the witnesses and so on and so forth. And the specific purpose
[35:22.040 --> 35:29.160] of that is so that they can impeach a witness's testimony if it changes that trial. Okay.
[35:31.160 --> 35:36.920] But here in Texas, they ignore your right to do that. And here's the thing about that 48 hours
[35:36.920 --> 35:43.800] rule that I'm talking about. When they arrest you without a warrant, one of, they have to do two
[35:43.800 --> 35:49.480] probable cause determinations at an examining trial. One is to determine first and foremost,
[35:49.480 --> 35:55.800] was the warrantless arrest itself lawful? Because if it was not, everything else is dead in the
[35:55.800 --> 36:03.240] water as fruit of the poison tree. Okay. They must first determine if the arrest without warrant
[36:03.240 --> 36:15.080] was lawful. Now, the 48 hours was intended to be used for the officer to hold you if and only if
[36:15.080 --> 36:23.160] a natural disaster or other event at beyond the officer's control prevented him from delivering
[36:23.160 --> 36:31.800] you immediately to a magistrate. And if he could not do that, he could hold you up to 48 hours
[36:32.360 --> 36:37.400] for anything less than a felony and then he had to let you go.
[36:37.400 --> 36:48.360] If he couldn't get you in front of a magistrate. Now, they have started taking that rule and saying
[36:48.360 --> 36:53.880] that they have 48 hours to deliver you to a magistrate regardless. And that's simply not true.
[36:54.840 --> 37:01.880] The case law in Texas, in fact, makes that very clear that if an officer takes you directly
[37:01.880 --> 37:07.560] to jail rather than before a magistrate, that officer is guilty of false imprisonment and he
[37:07.560 --> 37:13.800] is liable to the individual he imprisoned without a proper justification from a magistrate in the
[37:13.800 --> 37:21.640] form of a commitment order after a determination of probable cause. The officer was never meant to
[37:21.640 --> 37:28.680] hold the jails or the keys to the jailhouse. The judges and as magistrates are.
[37:28.680 --> 37:39.800] I see. I see. Okay, that answers a lot. That answers a whole lot in the way of what's going on
[37:39.800 --> 37:50.040] here. In my mid case, there was a warrant. There was, and here in Georgia, it's not like Texas,
[37:50.040 --> 37:56.280] here in Georgia, they have 169 counties. Okay, and we're half the size of Texas.
[37:56.280 --> 38:02.600] But yet they have 169 counties. So, you know, you go a few blocks down the street and there's
[38:02.600 --> 38:07.720] another county. Right. What they do is, if you're down the street and you have this warrant,
[38:07.720 --> 38:12.280] they lock you up on this warrant, they wait for the other county, which is five miles down the
[38:12.280 --> 38:18.280] road here, to come get you and they can come get you whenever they feel like doing. That's actually
[38:18.280 --> 38:25.480] not true. If you read what the procedural rules are on arrest without warrant, you will find out
[38:25.480 --> 38:32.040] that if the other county does not pick you up within the specified detention period, which again
[38:32.600 --> 38:40.200] is 48 hours, if they have diligently sought a magistrate and have not, they can't keep,
[38:40.200 --> 38:45.080] continue to hold you waiting on the other agency beyond that same 48 hours.
[38:48.200 --> 38:52.360] Because to do that creates a direct conflict with your rights
[38:52.360 --> 38:58.120] between the two statutes. And it puts way too much discretionary power in the hands of the police
[38:58.120 --> 39:01.960] departments as to when and how they are required to release you.
[39:05.080 --> 39:09.800] That is exactly what is going on here. Well, I'm sure it is what's going on,
[39:09.800 --> 39:13.160] but I'm just giving you an earful about why it's wrong.
[39:14.680 --> 39:20.360] Yeah, yeah. So, that is another subject that I need to look at,
[39:20.360 --> 39:25.320] even though I did have a warrant when I was arrested, they still held me.
[39:26.520 --> 39:29.560] The other county never came to guide me for four days.
[39:31.320 --> 39:36.280] I never saw a magistrate until I got to the other county within which the crime
[39:37.560 --> 39:43.400] allegedly took place. And then it still took another two days for them to see,
[39:43.400 --> 39:46.760] for me to see a magistrate. Actually, it took three days.
[39:46.760 --> 39:52.120] Then you may have a false imprisonment claim against them.
[39:52.920 --> 39:57.320] Without worrying about anything else, you may have a false imprisonment claim directly against them.
[39:59.960 --> 40:02.040] Okay, now that is what I have to look up.
[40:03.320 --> 40:07.240] Because here in Texas, if you're arrested in a different county
[40:07.240 --> 40:12.600] for a warrant from another county, a magistrate in the county where you're arrested
[40:12.600 --> 40:18.920] has the ability to take you, review the warrant, and set a bond and release you
[40:19.480 --> 40:26.600] in the county that did the arresting, thus preventing you from having to stagnate in a jail.
[40:27.800 --> 40:33.480] Hence, another reason they're required to take you before a magistrate. So, that can be done.
[40:33.480 --> 40:42.840] Yep. Now, me knowing exactly what you just said, I sat there in a jail for seven days.
[40:44.680 --> 40:49.640] I'm sorry, for six days without seeing a magistrate was transferred from one
[40:51.160 --> 40:55.880] county to the next and still hasn't saw a magistrate in six days.
[40:55.880 --> 41:01.720] Then if I was you, I would start researching the Georgia case law on that false imprisonment
[41:01.720 --> 41:05.160] in relation to an arrest with a warrant and without a warrant.
[41:09.000 --> 41:14.600] Because most warrants command the arresting officer to bring the individual before the
[41:14.600 --> 41:23.240] magistrate, not to lock them in a jail cell. Yeah. Now, we all know that's arbitrary in nature
[41:23.240 --> 41:27.160] because they make $150 a day every day that you're in there.
[41:27.160 --> 41:30.120] Actually, it's more than that.
[41:34.760 --> 41:37.720] Could be, yeah, could be more. It could be a lot more.
[41:40.120 --> 41:44.040] But yeah, one of the things that I've taught people about arrest is this.
[41:45.400 --> 41:51.320] During certain hours of the day, the rate of arrest will increase dramatically in most departments.
[41:51.320 --> 41:57.560] Why? Because at certain times of the day, first thing in the morning and later in the evening,
[41:57.560 --> 42:00.200] they are paid according to occupied headcount.
[42:01.080 --> 42:07.160] So they want as many people in the cells as possible during those headcount times.
[42:07.160 --> 42:14.920] And that's why all releases are scheduled after the headcount has been done and not in a timely
[42:14.920 --> 42:21.640] manner before. And that's exactly why rates of increase in arrest are in existence
[42:21.640 --> 42:26.520] in the earlier hours of the morning, right before that other headcount comes into play.
[42:28.200 --> 42:37.240] Yeah. All right. One more and I'm going to let you get to your other callers. Eddie,
[42:37.240 --> 42:48.120] I really appreciate you. All right. I'm going to do this. If I file, if I go down to the court and I
[42:48.120 --> 42:54.440] want to let them know that I want to be a pro se litigant in this case, do I give up any of my
[42:54.440 --> 43:04.600] rights by agreeing that these procedures are in fact legal and by me filing as a pro asking
[43:04.600 --> 43:11.000] permission to the court to be a pro se litigant. Well, yeah, you give up your right to counsel.
[43:14.040 --> 43:19.400] Okay. But I don't give up any other rights in the aspect of... Well, you give up,
[43:19.400 --> 43:23.560] you waive personal jurisdiction if you admit that they're going ahead properly.
[43:24.840 --> 43:30.760] What I would do rather than waive my right to counsel is I would demand assistance of counsel
[43:30.760 --> 43:36.680] but ensure that I am first chair and they are relegated to second chair and advisory capacity.
[43:39.720 --> 43:46.760] Okay. That is valuable. That is absolutely valuable. All right. Anything else?
[43:48.200 --> 43:52.040] I don't have anything else at this time, but I will be calling you back this time next week.
[43:52.040 --> 43:56.120] All right, Charles. Thanks for calling in, man. All right, folks. This is Rule of Law Radio.
[43:56.120 --> 44:05.800] Y'all hang in there. We'll be right back. Are you the plaintiff or defendant in a lawsuit?
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[46:27.960 --> 46:57.400] All right, folks, we are back. This is rule of law radio, and now we're going to go to Eric
[46:57.400 --> 47:03.800] in Texas. Eric, what can we do for you? Eric, can you hear me? Yeah, I can hear you.
[47:05.160 --> 47:11.880] All right, good. All right, here's the scenario. My mother-in-law got a photo radar speeding ticket
[47:11.880 --> 47:17.320] in Washington, D.C. The problem is she's never been to Washington, Washington, D.C.,
[47:17.320 --> 47:23.000] ever in her life, nor has her automobile. Yeah, and that, and do they have photos of it?
[47:23.000 --> 47:30.440] They do have photos, and the characters on the photo resemble her Texas license plate,
[47:31.160 --> 47:37.080] but you can tell that it's not really legible or discernible what the characters are.
[47:38.440 --> 47:43.400] So I was wondering what would be the best course of action to take care of this?
[47:43.400 --> 47:51.000] My red light camera ladder. Okay, and also the car is obviously not the same.
[47:51.000 --> 47:58.680] Yeah, so definitely a red light camera ladder, but do not under any circumstances send any money,
[47:59.640 --> 48:04.600] and actually, you know what may be good? Make sure that when you send this red light camera
[48:04.600 --> 48:12.520] ladder in, you CC the FBI and the United States Attorney with the address that is on
[48:13.400 --> 48:20.280] the return on the alleged citation, because if this is true that your mom's never been to D.C.,
[48:20.280 --> 48:27.320] nor her car, then what you've got is a ring of scammers that are using fake red light
[48:27.320 --> 48:34.600] camera tickets to steal money, or you have a municipality that's engaging in it. Take your pick.
[48:35.320 --> 48:39.400] Right. Well, it's Washington, D.C., so that's to be expected.
[48:39.400 --> 48:41.240] Well, yeah, it's a demitheeze to begin with.
[48:44.040 --> 48:49.000] Another thing is my wife called them, and of course, I'm a regular listener,
[48:49.000 --> 48:55.640] and I told her to tell whoever answered the phone that she was going to file a criminal
[48:55.640 --> 49:04.440] complaint against them for fraud. Yeah, that'd be a good idea. The person answering the phone said,
[49:04.440 --> 49:12.280] oh, no, you can't do that. She said, I can. So anyway, all right, so CC the FBI, the red light
[49:12.280 --> 49:17.080] ladder and everything. Yeah, the CC the FBI and the United States Attorney for that area,
[49:17.080 --> 49:22.760] and the one in D.C. Now, when I say that area, I mean wherever your mom is, and D.C.
[49:24.600 --> 49:33.800] D.C. and Texas. Okay. I also have a second scenario. I am a commercial driver on purpose,
[49:33.800 --> 49:40.920] and well, unfortunately, yes, I have to, you know, how to make some money.
[49:40.920 --> 49:47.800] So in the course of my driving commercial activities in my commercial vehicle, that
[49:48.440 --> 49:57.320] is consequently hazmat, so I transport fuel. The commercial vehicle enforcement,
[49:59.240 --> 50:05.240] I guess I've consented to, they can pull me over at any time they feel and
[50:05.240 --> 50:13.480] can compulsory search my vehicle and myself and all my documentation. What are my rights
[50:13.480 --> 50:18.600] when I'm subject to a roadside inspection? Your rights don't change,
[50:20.920 --> 50:25.720] but what you can do with the truck and the stuff in it, that does,
[50:25.720 --> 50:34.680] is simply because you're using it in an activity that you've agreed they have a right to regulate.
[50:34.680 --> 50:41.720] But strictly speaking, you cannot be compelled to waive your rights to exercise their privilege,
[50:41.720 --> 50:49.480] no matter what they want you to believe. Okay. So when they compulsory pull me over,
[50:49.480 --> 50:56.440] they have their lights and everything activated, their emergency lights, and what does that
[50:56.440 --> 51:02.440] constitute? Well, it constitutes a stop. I mean, that's all there is to it.
[51:04.520 --> 51:08.440] They're stopping you, but if you're commercial, then it's authorized.
[51:10.760 --> 51:17.800] Okay. That's what I was wondering, and that pretty much answers my question,
[51:17.800 --> 51:24.040] so I just have to play their game if I do receive a citation or whatever civil administrative
[51:24.760 --> 51:32.120] infractions they believe to be infractions. Yes. Well, it depends. It depends. Some of
[51:32.120 --> 51:37.480] them are defined as infractions depending upon what state you're in and in other states they're not.
[51:37.480 --> 51:41.160] In Texas, they try to treat them all as crimes, even though none of them are.
[51:41.160 --> 51:49.000] Even if they fall under the administrative code? All of them fall under the administrative code,
[51:49.000 --> 51:52.760] but you still have a bunch of states that treat them as criminal, and then you have a bunch of
[51:52.760 --> 52:00.760] states that treat them as administratively civil. Okay. If they say an infraction is what you're
[52:00.760 --> 52:06.680] committing and then infraction is not a crime, then it's administrative civil. But if they call it a
[52:06.680 --> 52:14.200] misdemeanor offense with criminal or quasi-criminal, in some cases connotations, then they're trying
[52:14.200 --> 52:23.000] to criminalize it when in fact it should never have been criminalized. Right. Okay. That pretty
[52:23.000 --> 52:33.560] much answers my question, and we'll go on the website and purchase the course. Would you call it?
[52:33.560 --> 52:39.960] The traffic seminar. Traffic seminar, yes. Okay. All right. Because I do not have it right now,
[52:41.000 --> 52:48.920] but it'll be well worth it presently in in the future, I'm sure. All right. Well, it hopefully
[52:48.920 --> 52:54.360] it'll teach you a lot. Most of the folks that have it, I haven't had anybody that's complained about
[52:54.360 --> 53:01.080] what they've received in it, to be honest. And the only people that I have had a complaint from
[53:01.080 --> 53:08.440] actually did it to steal it, not because there was anything wrong with it. That's not surprising
[53:08.440 --> 53:13.400] either. Yeah. Well, you try to do some good for folks, and then you always have those folks that
[53:13.400 --> 53:19.400] want to take advantage of it and abuse the privilege you and the ability you give them.
[53:19.400 --> 53:24.600] So what are you going to do? Right. Well, it's a privilege to be able to hear you on the air,
[53:24.600 --> 53:29.960] Eddie. I had one last thing. There is a joke that you told a while back about
[53:29.960 --> 53:35.480] a Democrat or Republican, a Libertarian, and how they handle the turd. Yeah.
[53:35.480 --> 53:40.200] I don't know if you could reiterate that for me. The difference, yeah, the difference between
[53:41.240 --> 53:46.760] a Democrat or a liberal and a libertarian is that a liberal believes that it's entirely
[53:46.760 --> 53:55.800] possible to pick up a turd by the clean end. Okay. All right, Eddie. Well, thank you for your time
[53:55.800 --> 54:01.000] and your service, and we'll keep listening to you and have a good day. All right. Well, thanks for
[54:01.000 --> 54:07.800] calling in. Thanks. Bye-bye. All right. Now we're going to go to William in Washington. William,
[54:07.800 --> 54:16.280] what can we do for you? Hi, Eddie. Thanks for taking my call. Yes, sir. No problem. I've got,
[54:16.280 --> 54:25.560] let's see, I guess it's three, three incidences, four open cases. This is kind of spanning the
[54:25.560 --> 54:31.560] course of about two to three years. I've had in total about 10 arrests where they've arrested.
[54:31.560 --> 54:40.040] I bonded out. I ended up beating the charges, and now there's just three different incidences.
[54:40.040 --> 54:47.720] Okay. But I have to go over. So this is, I mean, they're kind of, it's kind of complex. It might
[54:47.720 --> 54:52.680] take more than one call to try and chew off all the different pieces, but it kind of, at some
[54:52.680 --> 54:59.080] point, you know, I definitely got on the radar. All right. In a little, in the area where I'm at,
[54:59.080 --> 55:07.320] and it's after, I mean, after it starts to add up, it gets so, it gets a little overwhelming.
[55:07.320 --> 55:16.760] I mean, you're obviously, I mean, there's obviously, you know, conduct activities that
[55:16.760 --> 55:22.680] need to be filed on, but it just, there's just so many of them, it gets just out of control.
[55:23.560 --> 55:28.120] Yes. This is true. I guess I'll start, yes, I guess I'll start with,
[55:29.720 --> 55:35.880] so this is an interesting one. It's a, it's in Washington. Washington is obviously,
[55:35.880 --> 55:43.560] is a medical marijuana state. I get arrest, all right, let's see, it starts out. I have,
[55:46.920 --> 55:56.040] a year prior to the federal arrest, the state comes in and checks out the property and pretty
[55:56.040 --> 56:02.440] much says, all right, well, you know, gives a call if you have any problems, and, you know,
[56:02.440 --> 56:07.640] here's my card, gives the call if you have any problems with people snooping around or whatnot.
[56:09.000 --> 56:16.840] A year later, they, they decide to call the feds in and get the feds to come in and arrest me.
[56:18.520 --> 56:22.920] So, feds come in, this is still following Washington law. This was actually after they,
[56:23.560 --> 56:29.400] they had dropped the directives that said, don't mess with the states that have medical marijuana
[56:29.400 --> 56:33.480] and people that are following the rules. Now, this was a following the rules within Washington
[56:34.600 --> 56:43.960] arrested by the feds. I, I don't have your seminar yet, but I've, I pretty much have
[56:45.400 --> 56:50.280] followed, I mean, it's pretty much the same act that I follow already.
[56:50.280 --> 57:01.320] I ended up getting, the feds ended up dropping the charges after I declined to take their deals
[57:01.960 --> 57:07.400] and said that they would just drop it back to the state. There was two different forfeitures.
[57:07.400 --> 57:09.640] There was a state forfeiture and a federal forfeiture.
[57:10.760 --> 57:14.440] Yeah, but how can the state have a forfeiture if you've complied with the laws of the state?
[57:14.440 --> 57:22.120] Exactly. Well, what happens is, so because it's the DEA that comes in,
[57:23.800 --> 57:29.160] they, they don't look for paperwork. They don't look for the compliance, right?
[57:30.280 --> 57:36.600] Right. They just come in and say, yeah, we don't care. So even, even within Washington,
[57:36.600 --> 57:41.000] within the RCW of Washington, it even says for the state people that they're not allowed to see
[57:41.000 --> 57:47.160] cut down, they're not allowed to destroy things. They can take the sample and then go on kind of thing.
[57:49.240 --> 57:56.680] So after the, the feds dropped the charges, I'll go ahead and wait for them.
[57:56.680 --> 58:00.440] Okay. Well, you got, you got a few seconds before we have to worry about cutting off.
[58:01.960 --> 58:04.040] All right. After the feds dropped the charges.
[58:04.040 --> 58:09.480] Feds dropped the charges. They don't drop the seizure, the federal seizure.
[58:11.000 --> 58:15.720] They, the state waits about six, eight months before they decide to actually pick up charges.
[58:17.800 --> 58:18.520] Okay. And
[58:21.960 --> 58:22.360] let's see.
[58:25.320 --> 58:29.240] All right. Well, hold on to that thought and we'll pick it up on the other side and go from there.
[58:29.240 --> 58:38.680] Okay. All right. All right, folks, this is rule of law radio. The call in numbers 512-646-1984.
[58:38.680 --> 58:42.120] Give us a call. Give us a holler. Give us something. We need some callers after this.
[58:42.120 --> 58:44.840] We got Dewey. Y'all hang in there. We'll be right back.
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[01:00:03.080 --> 01:00:07.320] This is the Liberty Beat, your daily source for Liberty News and activist updates
[01:00:07.320 --> 01:00:12.840] online at thelibertybeat.com. I'm Brian Hagen with your Liberty Beat from Monday, October 6,
[01:00:12.840 --> 01:00:21.160] 2014. Gold has been craving around $1,200, silver around $16.91 and Bitcoin at $300.
[01:00:21.160 --> 01:00:26.280] We'll have more on Bitcoin's current price coming up. Support for Liberty Beat comes from the Kent
[01:00:26.280 --> 01:00:31.320] Phillips Froston City Council District 3 campaign. Kent Phillips, a principled candidate with a
[01:00:31.320 --> 01:00:37.400] commitment to honest, open and transparent government. Learn more at votekentphelps.com.
[01:00:37.400 --> 01:00:42.440] Political advertisement paid for by Kent Phillips. Support also comes from Marjorie Wildcraft's
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[01:00:48.520 --> 01:00:52.840] In the news, the price of Bitcoin dropped nearly 20% over the weekend,
[01:00:52.840 --> 01:00:57.720] as it reached its lowest trading point this calendar year. Enthusiasts speculate the price
[01:00:57.720 --> 01:01:03.160] decline may be in response to large businesses who accept Bitcoin that immediately convert it to
[01:01:03.160 --> 01:01:08.840] cash. Others speculate the drop may be a result of a hesitant market, waiting to see what sort of
[01:01:08.840 --> 01:01:13.320] regulations will come out of government institutions. While the drop may seem sudden,
[01:01:13.320 --> 01:01:20.840] the price has still doubled the trading price this time last year. An American photojournalist
[01:01:20.840 --> 01:01:27.000] who contracted Ebola while working in West Africa began his journey home for treatment on Sunday,
[01:01:27.000 --> 01:01:31.960] while a man who recently arrived in Dallas from Liberia remained in critical condition with the
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[01:01:38.360 --> 01:01:47.240] Medical Center's Specialized Isolation Unit. Months before the attacks of September 11, 2001,
[01:01:47.240 --> 01:01:53.080] three witnesses described seeing the alleged al-Qaeda hijackers at Logan Airport in Boston.
[01:01:53.080 --> 01:01:57.000] The New York Post reported on new details released into the public archive,
[01:01:57.000 --> 01:02:01.400] following the settlement of a wrongful death suit. The witnesses, which included American
[01:02:01.400 --> 01:02:06.040] Airlines official, reported videotaping of security checkpoints and odd behavior for
[01:02:06.040 --> 01:02:11.720] men later identified as Muhammad Ata and other hijackers. Despite the witnesses reporting what
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[01:02:46.920 --> 01:02:54.040] This is the Liberty Beat for Monday, October 6, 2014. Check out the website at thelibertybeat.com
[01:02:54.040 --> 01:03:01.880] and like us on Facebook at facebook.com The Liberty Beat.
[01:03:24.280 --> 01:03:43.160] All right, folks, we are back. This is Rule of Law Radio. And we are talking to William
[01:03:43.160 --> 01:03:49.000] in Washington Steel. All right, William, go ahead. All right, so this is dealing with
[01:03:49.000 --> 01:03:58.440] federal charges being dropped. The federal seizures still doesn't get,
[01:03:59.720 --> 01:04:02.280] they don't drop the federal seizure, they just keep on with the seizure.
[01:04:02.280 --> 01:04:08.600] Yeah, that's civil forfeiture. Our asset forfeiture is one of the world's biggest
[01:04:08.600 --> 01:04:12.440] theft rings that's been legalized by government and the courts.
[01:04:12.440 --> 01:04:21.080] Absolutely. So I ended up winning the state forfeiture back. So they had to come back
[01:04:21.080 --> 01:04:25.880] and give me everything that the state took. Still nothing from the Fed yet. That's,
[01:04:25.880 --> 01:04:30.280] I'll wait till the state charges are completely done with before I really go after that.
[01:04:31.480 --> 01:04:40.520] But let's see. There's, I have a handful of questions, I guess. I was going to,
[01:04:40.520 --> 01:04:46.200] I have a quite a list of questions and I was going to ask best way to really convey with you,
[01:04:46.200 --> 01:04:51.880] should I? Email would probably give us a better venue for dealing with a lot of questions.
[01:04:51.880 --> 01:04:57.560] Okay. Okay. And then also would you want me to, I do have, I'd keep all the audio from the
[01:04:57.560 --> 01:05:01.640] court hearings and stuff. Would you want me to send you the audio so that you could maybe critique?
[01:05:02.520 --> 01:05:06.360] Like over, you know, you could kind of give a critique of somebody going through these issues.
[01:05:06.360 --> 01:05:10.680] Well, let's, let's see what kind of assistance you want and need first and we can determine
[01:05:10.680 --> 01:05:15.080] how much you need to send as far as material and things like that.
[01:05:16.440 --> 01:05:22.840] Yeah, I could, I would like to organize this better just so I can get, get the information
[01:05:22.840 --> 01:05:29.400] in front of you first. Because it's, this is literally once, once things start to, you know,
[01:05:29.400 --> 01:05:34.840] win swing or a little, little town or a little county, they'll start to talk to other counties
[01:05:34.840 --> 01:05:40.120] and then cause more and more and more problems and more things will get made up and think
[01:05:41.080 --> 01:05:49.160] it's amazing what will happen. So, okay. I'll, I'll, I want to probably call it good for now
[01:05:49.160 --> 01:05:52.600] and I will organize and send some stuff to you and
[01:05:54.440 --> 01:05:59.720] Okay. Put that down a little better for now. All right. I'll be watching for it. I will email you
[01:05:59.720 --> 01:06:07.080] and this is what it will be on. Okay. I appreciate your time. Yes, sir. All right.
[01:06:07.080 --> 01:06:11.480] Now we're going to go to Dewey in Texas. Dewey, what can we do for you?
[01:06:14.200 --> 01:06:25.800] Hello. Hello. Okay. Yes, sir. So back in late August, I was issued a, a summons for speeding
[01:06:25.800 --> 01:06:32.680] and so I went and I filed some paperwork challenging subject matter jurisdiction,
[01:06:33.400 --> 01:06:36.840] which I still have not received and then I filed a criminal complaint.
[01:06:36.840 --> 01:06:39.560] Wait, wait, wait. What do you mean you still have not received?
[01:06:41.560 --> 01:06:48.040] They have not sent me any paperwork asserting subject matter jurisdiction.
[01:06:49.800 --> 01:06:52.040] Have they sent you something saying show up for court?
[01:06:52.040 --> 01:07:00.760] They sent me, yeah, they sent me just recently a month after I appeared twice. They sent me a
[01:07:01.800 --> 01:07:07.720] summons to appear for a pretrial. That's their response. They're ignoring your motion.
[01:07:09.800 --> 01:07:10.200] Okay.
[01:07:10.200 --> 01:07:20.280] So what's your question? I just wondered how I should proceed.
[01:07:21.080 --> 01:07:25.800] You proceed by documenting every single thing they do that violates the code of criminal procedure
[01:07:25.800 --> 01:07:31.000] and your due process rights at the same time and you prepare this for the purpose of appeal.
[01:07:31.800 --> 01:07:34.040] Is this a court of record or a court of no record?
[01:07:34.040 --> 01:07:45.080] I'm sorry, sir. Could you repeat that? Is this a court of record or is it a court of no record?
[01:07:46.920 --> 01:07:49.320] Is it municipal? Is it justice? What is it?
[01:07:50.360 --> 01:07:56.360] It's a municipal court, sir. Okay. Is it a court of record or is it not a court of record?
[01:07:56.360 --> 01:08:01.560] A court of record.
[01:08:01.560 --> 01:08:06.280] Meaning that it has a court reporter present whenever proceedings are going on?
[01:08:08.920 --> 01:08:10.840] I'm sorry, I don't know.
[01:08:13.320 --> 01:08:19.080] Okay. Well, it's not helping you to not know because that determines a lot about which part
[01:08:19.080 --> 01:08:22.920] of the rules you're going to be following and how. So you better find out.
[01:08:22.920 --> 01:08:24.920] Yes, sir.
[01:08:30.040 --> 01:08:30.920] What else do you need to know?
[01:08:34.200 --> 01:08:40.440] I filed a criminal complaint against who the officer who pulled me over
[01:08:41.080 --> 01:08:47.080] and the one against the county clerk for refusing to accept a public information request.
[01:08:47.080 --> 01:08:51.480] And how did the county clerk refuse to accept it?
[01:08:54.200 --> 01:09:02.680] I attempted to file some public information request and she wouldn't take it and she
[01:09:02.680 --> 01:09:06.760] acted like she didn't know where it was, sir. Then send it to her certified male
[01:09:06.760 --> 01:09:09.800] return receipt request and don't give her the opportunity to do that.
[01:09:09.800 --> 01:09:18.520] Yes, sir. And then when I tried to file those criminal complaints at the district attorney,
[01:09:18.520 --> 01:09:21.080] the district attorney refused to take my criminal complaints.
[01:09:21.800 --> 01:09:22.680] Which is common.
[01:09:26.360 --> 01:09:32.120] So then I filed a criminal complaint on them at the sheriff's department and they
[01:09:32.120 --> 01:09:33.880] also refused to take the criminal complaint.
[01:09:34.520 --> 01:09:35.720] Which is also common.
[01:09:35.720 --> 01:09:45.800] And they told me to take the criminal complaints to the city police department.
[01:09:48.120 --> 01:09:51.400] Well, try taking them directly to the grand jury instead.
[01:09:51.400 --> 01:09:54.280] You can send them to the grand jury via certified male as well.
[01:09:55.880 --> 01:09:56.360] Yes, sir.
[01:09:57.080 --> 01:10:02.120] And you can also file complaints against both of those agencies for refusing to take a criminal
[01:10:02.120 --> 01:10:12.120] complaint. Yes, sir. I have the the first one. I still need to write up my one for the sheriff's
[01:10:12.120 --> 01:10:16.360] department. Okay.
[01:10:20.680 --> 01:10:24.520] Um, I just okay, sir.
[01:10:27.240 --> 01:10:28.120] All right. What else you got?
[01:10:28.120 --> 01:10:33.640] Um, I think that's different now, sir.
[01:10:34.200 --> 01:10:39.800] Okay. All right. Well, get on that then and keep plugging away at it because they will.
[01:10:41.720 --> 01:10:42.200] Yes, sir.
[01:10:44.520 --> 01:10:45.400] All right. Thank you.
[01:10:45.400 --> 01:10:48.680] You're welcome. You have a great night. Thanks for calling in.
[01:10:50.200 --> 01:10:54.680] All right. Now we're going to go to Mark in Florida. Mark, what can we do for you?
[01:10:54.680 --> 01:11:01.000] Well, anyhow, I've got a whole basket full of stuff. Not enough time to talk about everything.
[01:11:01.000 --> 01:11:07.960] So I'll go with the most serious. Okay. Unfortunately, I'm a highly skilled, highly educated
[01:11:09.080 --> 01:11:15.320] tradesman that has been out of work for a long time and forced to panhandle for a living.
[01:11:15.320 --> 01:11:25.720] Okay. I am in a city that has no that repealed their panhandling ordinance in 2003.
[01:11:26.920 --> 01:11:32.360] It repealed it. Yes, sir. They repealed that subsection.
[01:11:34.200 --> 01:11:41.320] Okay. Probably because they didn't want to get sued because it's considered the first amendment,
[01:11:41.320 --> 01:11:48.840] freedom of speech. All right. Well, I constantly receive all kinds of harassment from that local
[01:11:48.840 --> 01:11:58.760] police department. I received several tickets for various things that do not apply. But eventually,
[01:11:59.480 --> 01:12:06.920] and I was kind of forewarned by a nice officer that told me that they were going to do anything
[01:12:06.920 --> 01:12:14.840] they can to get rid of you. Yeah, which sounds about right. Yes, sir. I believe the man was
[01:12:14.840 --> 01:12:21.960] being sincere and not doing that just to get rid of me. Well, I eventually
[01:12:23.400 --> 01:12:31.800] was 6.30 in the evening in August. And I was going to quit in about half an hour, but they
[01:12:31.800 --> 01:12:37.640] unmarked car and pulled up next to me. Roaders went down. They were detective.
[01:12:38.920 --> 01:12:47.080] And he instantly started cussing me saying, I couldn't do this. And I gave my standard reply,
[01:12:47.080 --> 01:12:53.400] which is, and why is that, sir? He said, we have an ordinance against that, against panhandling,
[01:12:53.400 --> 01:13:02.920] against soliciting. He gave my standard reply, which is, sir, that was repealed in 2003. This
[01:13:02.920 --> 01:13:08.840] created more cussing and a very angry detective. He was angry when he pulled up.
[01:13:10.040 --> 01:13:13.880] Yeah, well, he didn't expect you to know that. He thought he was going a good way with just bullying
[01:13:13.880 --> 01:13:22.760] you. Well, I've run into that several times with some other officers. One in particular said,
[01:13:22.760 --> 01:13:27.080] uh, you can't do this. And I said, sir, it's a matter of right. He should have a good day
[01:13:27.080 --> 01:13:31.880] in the road. It was going to the left. You know, he made a shot at getting rid of me.
[01:13:32.760 --> 01:13:40.520] And the left is dead. Well, you do have, uh, if you will keep track of the dates and times
[01:13:40.520 --> 01:13:46.920] and the individuals that do this to you, you have a small claims action of harassment against them.
[01:13:46.920 --> 01:13:55.640] Yes, sir. I've not kept track of everyone, but I do have a fairly substantial list.
[01:13:56.840 --> 01:14:02.840] Then you, you could very well have a small claims suit against them, or even a large
[01:14:02.840 --> 01:14:10.280] claim suit against them. Well, I was looking at, uh, Title 42 action possibly.
[01:14:11.320 --> 01:14:15.560] Yeah. If you find a lawyer, that'll take it unless you're going to do it.
[01:14:15.560 --> 01:14:24.680] It's going to do it. I was, I was going pro-tag. I filed all my motions on all these other tickets
[01:14:24.680 --> 01:14:32.440] and things. Uh, see my, I have a Texas tags on my conveyance, which it's, it's a large
[01:14:32.440 --> 01:14:40.840] conveyance as a two roof AC, the bathroom, this kitchen. So it's an RV conveyance.
[01:14:40.840 --> 01:14:46.280] An RV. Yes, sir. I can't call it an RV because that is a motorized vehicle.
[01:14:49.720 --> 01:14:53.960] Okay. So I just call it, I just call it my home, which it is. Yeah.
[01:14:56.040 --> 01:14:58.040] They are threatening to take that away from me too.
[01:15:00.120 --> 01:15:06.600] So that's a expired tags and all. But anyway, the detective jumped out of his car,
[01:15:06.600 --> 01:15:14.840] told me to sit down. Well, the, uh, concrete median we were standing on slanted. And the way
[01:15:14.840 --> 01:15:22.520] I was facing it, I would have been, uh, feet uphill and to the right. And I thought he must have
[01:15:22.520 --> 01:15:27.240] said that will hurt my back to sit up at this angle. And at that time he put his hand on my
[01:15:27.240 --> 01:15:37.080] shoulder and started pushing. And was it, could you see his weapon when he did that?
[01:15:37.880 --> 01:15:45.080] Uh, don't recall. Because you may want to look up the aggravated assault statute in Florida.
[01:15:45.080 --> 01:15:50.600] Here in Texas, if an officer touches you and commits simple assault while displaying a deadly
[01:15:50.600 --> 01:15:56.840] weapon, it becomes first degree felony aggravated assault when he had no lawful authority to do it.
[01:15:56.840 --> 01:16:04.760] And in this case, he didn't. Right. He had no grounds for the stop. Right. He had no
[01:16:04.760 --> 01:16:10.120] probable cause. He had no reasonable suspicion. He had nothing. All he had was harassment intent.
[01:16:10.760 --> 01:16:16.760] And that's what I'm saying. Based upon that, the moment he touched you, had he been in Texas,
[01:16:16.760 --> 01:16:26.920] he committed aggravated assault. Right. Right. Well, uh, I went down to the courthouse and got copies
[01:16:26.920 --> 01:16:32.120] of everything in the file. And a quick question about that. They have the, the one side is redacted
[01:16:32.680 --> 01:16:38.520] and the other side is in a, in an envelope sealed up that, uh, they were not left.
[01:16:41.960 --> 01:16:44.920] Okay. Well, hang on just a second, Mark. We're going to go to break and I'll pick this up on
[01:16:44.920 --> 01:16:52.280] the other side. Okay. All right, folks. This is rule of law radio. Call in number 512-646-1984.
[01:16:52.280 --> 01:16:57.240] Nick, Phil, I see y'all there. So y'all hang on and I'll get to you as quickly as I can. We'll be right back.
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[01:19:25.320 --> 01:19:36.680] Hi folks, we are back. This is Rule With Law Radio, and we are talking to Mark in Florida.
[01:19:36.680 --> 01:19:41.560] All right, Mark, please continue. All right, I'm getting off into the Napa
[01:19:41.560 --> 01:19:50.680] David. The detective does say that he advised me that the city has an ordinance against hand
[01:19:50.680 --> 01:20:00.600] handling, which is not true. Right. And he indicates that was his reason,
[01:20:00.600 --> 01:20:09.560] that was his probable cause. So I'm going to find it on that basis. But the question I have at the
[01:20:09.560 --> 01:20:17.640] top of the affidavit before me on this day personally appears and has the name of the
[01:20:17.640 --> 01:20:25.160] arresting officer, which is not the detective. Then down at the bottom where the signatures are,
[01:20:28.680 --> 01:20:35.400] or as far as it is through the best of my knowledge and stuff,
[01:20:37.400 --> 01:20:44.440] the detective signed that and the officer signed the notary.
[01:20:44.440 --> 01:20:52.920] They are officers in Florida authorized to administer OS and act as notaries for that purpose.
[01:20:54.360 --> 01:20:57.400] Well, that's what I have to find out. Where do I look that up?
[01:20:58.840 --> 01:21:02.680] That would probably be in whatever constitutes the code of criminal procedure there in relation
[01:21:02.680 --> 01:21:08.120] to complaints. Find whatever chapter deals with the making or the required contents of a complaint.
[01:21:08.120 --> 01:21:15.880] All right. I can do that. Because it says, no republic deputy clerk of the court
[01:21:15.880 --> 01:21:22.360] or assistant state attorney. Yeah. Well, are you sure the signature belongs to another officer?
[01:21:23.800 --> 01:21:27.960] Oh, yes. I knew this officer. I'd dealt with him before.
[01:21:27.960 --> 01:21:33.160] Okay. Yeah. If there's nothing specifically authorizing the officer to act in that capacity,
[01:21:33.160 --> 01:21:38.600] which would be a violation of separation of powers, but Florida is pretty stupid when it comes to
[01:21:38.600 --> 01:21:44.920] things like that from other experience, that would be an argument to make for sure.
[01:21:46.600 --> 01:21:50.440] Okay. I found most of the officers I've dealt with,
[01:21:53.960 --> 01:21:59.720] not to sharp the pencil on the box. No, that would be going a long way to call them sharp.
[01:21:59.720 --> 01:22:05.880] Or as Foghorn Leghorn says, he's about as sharp as a bowling ball.
[01:22:07.160 --> 01:22:17.000] Yes, sir. Yes, sir. And the other thing is the date on this affidavit is the day before
[01:22:17.640 --> 01:22:23.720] date relating to what? When it was signed or when the arrest occurred,
[01:22:23.720 --> 01:22:26.760] based upon the statement of facts, what date?
[01:22:26.760 --> 01:22:33.080] Statement of facts. Okay. So it says that you were arrested or the offense occurred on a date
[01:22:33.080 --> 01:22:38.680] that is untrue? It says it happened on August 28th and it happened on August 29th.
[01:22:40.920 --> 01:22:45.000] It happened over two days? How did it happen over two days? Did they start to arrest you at
[01:22:45.000 --> 01:22:53.880] midnight and finish at 12.01? No, sir. They put me in cuffs shortly after 6.30 p.m. on the 29th.
[01:22:53.880 --> 01:23:02.120] But the complaint says they did it on the 28th? Yes, sir. And so does the information from the
[01:23:02.120 --> 01:23:13.160] prosecutor. Okay. Then you can challenge it on substance because it states a false fact.
[01:23:13.160 --> 01:23:20.360] But the problem is by doing that, you're having to confess to facts that they have to prove against
[01:23:20.360 --> 01:23:26.360] you. So you're actually having, you're giving them information if you tell them what's wrong with it.
[01:23:27.960 --> 01:23:35.480] So what my habit is is I just say facts asserted in the complaint and charging instrument are false
[01:23:37.000 --> 01:23:43.320] according to the actual events. Don't state which ones and don't do anything like that.
[01:23:44.520 --> 01:23:47.640] Now, what are they charging you with violating?
[01:23:47.640 --> 01:24:00.280] I am charged with a state statute or the statute 843.02,
[01:24:00.280 --> 01:24:03.720] resisting officer without violence to his or her person.
[01:24:06.440 --> 01:24:13.400] But not the panhandling charge? Oh, no, sir. I was not charged with a crime. I was charged with
[01:24:13.400 --> 01:24:19.720] resisting arrest. Okay. At what point were you told you were under arrest?
[01:24:23.560 --> 01:24:26.280] After he sat me down and cuffed me,
[01:24:28.760 --> 01:24:37.400] I asked him what am I being arrested for. And he said, you put your hands on my door and said,
[01:24:37.400 --> 01:24:48.040] I'm going to beat your blank rear end, use other language, which was a lie.
[01:24:48.600 --> 01:24:54.440] Okay. So when are you filing your discovery for the audio and video from his body camera and
[01:24:54.440 --> 01:25:00.600] mic and that of his patrol car? I've got that completed today. I just completed it a little
[01:25:00.600 --> 01:25:07.800] while ago. I will be taking that to the clerk tomorrow, but I have been told by at least three
[01:25:07.800 --> 01:25:16.040] officers in that town. And we're talking about a suburb of Fort Lauderdale. Okay. You know,
[01:25:17.320 --> 01:25:21.000] just inland for Fort Lauderdale, Major Metropolis.
[01:25:23.720 --> 01:25:28.920] They claim that they do not have cameras and audio in their cars.
[01:25:28.920 --> 01:25:31.960] Could that possibly be true?
[01:25:33.480 --> 01:25:36.840] It's sure it's possible, but it isn't very likely.
[01:25:38.440 --> 01:25:44.600] I find it highly unlikely, since even a small town, you know, even a small town,
[01:25:44.600 --> 01:25:47.400] one cop car, places that have cameras.
[01:25:50.360 --> 01:25:53.400] Yeah, it's highly unlikely that they don't.
[01:25:53.400 --> 01:26:03.560] Now, the other thing you're going to want in your discovery is request all police
[01:26:04.360 --> 01:26:11.080] department policies relating to the recording of public encounters with the public,
[01:26:11.800 --> 01:26:17.720] the storage of the data of the audio and video from those encounters,
[01:26:17.720 --> 01:26:24.040] and their availability to the public. Get the policies and procedures from the
[01:26:24.040 --> 01:26:29.240] police department relating to that, because if they did not comply with those policies
[01:26:29.240 --> 01:26:35.560] and procedures, now you've got them for obstruction of justice and tampering with governmental records.
[01:26:37.400 --> 01:26:41.960] Okay, good. Good. Now, there are cameras at the intersection.
[01:26:41.960 --> 01:26:46.520] Then you want to try to file a discovery for those as well?
[01:26:47.720 --> 01:26:50.760] Yes, that's all included in my discovery.
[01:26:50.760 --> 01:26:55.080] Okay, but you can't file the discovery all in the same place, because the police
[01:26:55.080 --> 01:27:00.360] department probably does not have the audio and or video from street cameras.
[01:27:00.360 --> 01:27:05.800] That will be the department of whoever handles the highways and the roads or whatever.
[01:27:05.800 --> 01:27:12.280] Well, this discovery is going to the county prosecutor.
[01:27:13.800 --> 01:27:19.000] Yeah, but there's no proof that he has and or intends to use such video.
[01:27:21.400 --> 01:27:23.320] Do you know for a fact he has it?
[01:27:25.320 --> 01:27:25.960] No, sir.
[01:27:25.960 --> 01:27:29.960] Then you need to be getting it from the source and not trusting him to turn it over,
[01:27:29.960 --> 01:27:36.360] because he's not required to go to the source and get it for you. He's not.
[01:27:36.360 --> 01:27:40.200] He's not. Even with discovery requests.
[01:27:40.200 --> 01:27:45.160] No, you can't compel him to do things that you are capable of doing when it involves
[01:27:45.160 --> 01:27:51.880] a third party over which he has no control. Okay, so do I so then I file the discovery
[01:27:51.880 --> 01:27:56.840] with the police department? No, the police. Who runs those cameras?
[01:27:56.840 --> 01:28:01.880] Okay, the state highway department.
[01:28:02.600 --> 01:28:06.120] If it's a state highway and it's their cameras, then that's who you file it with.
[01:28:07.960 --> 01:28:11.240] But make sure you give them a correct date and a correct time frame.
[01:28:13.000 --> 01:28:13.560] Right.
[01:28:13.560 --> 01:28:16.840] And you better give them a specific, very specific location.
[01:28:18.360 --> 01:28:24.600] Oh, yeah. Yeah. I've been told by two nice county sheriffs on different occasions
[01:28:24.600 --> 01:28:27.880] that the state will not give up those videos.
[01:28:28.440 --> 01:28:32.920] In a Brady motion discovery, they don't have a choice if they prove exculpatory.
[01:28:35.400 --> 01:28:36.920] Okay. All right.
[01:28:38.840 --> 01:28:42.680] There's actually two sets of cameras. There's two different styles of cameras.
[01:28:42.680 --> 01:28:49.480] Well, that's irrelevant. You file asking for the audio and video that exists from any and
[01:28:49.480 --> 01:28:54.360] all of them at that location. You also need to look and see if there may be any local
[01:28:54.360 --> 01:28:59.320] businesses there that have cameras that could have recorded anything going on out in that specific
[01:28:59.320 --> 01:29:04.760] location. Yes, sir. I thought of that too. I haven't checked into it yet, but that is on my list.
[01:29:05.320 --> 01:29:05.560] Okay.
[01:29:06.120 --> 01:29:11.320] Because there's a gas station there and who knows they might have a camera that might have viewed that?
[01:29:11.960 --> 01:29:12.440] Possibly.
[01:29:14.520 --> 01:29:18.600] But you better hurry if you're going to ask them for it. You don't have to do a discovery
[01:29:18.600 --> 01:29:22.760] request necessarily with them. You can go in and ask them if they have it and if they would
[01:29:22.760 --> 01:29:31.800] provide you with a copy of it. Right. Yeah. And if they say, well, we can't do that without a warrant
[01:29:31.800 --> 01:29:36.360] or something like that, then go ahead and file a motion for discovery with the court and make the
[01:29:36.360 --> 01:29:44.040] court enforce it. All right. Okay. All right. All right, Mark. We're going to take a break. So,
[01:29:44.040 --> 01:29:47.480] hang on. I'm going to wrap you up on the other side because I got other callers waiting. Okay.
[01:29:47.480 --> 01:29:54.120] All right, folks. This is rule of law radio. This is your host, Eddie Craig, and we will be
[01:29:54.120 --> 01:29:57.480] right back. So, y'all hang on. Callers, y'all too.
[01:30:03.800 --> 01:30:09.560] What do you do when a bird with a broken wing waddles into your oven and refuses to leave?
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[01:33:30.120 --> 01:33:46.840] Hi folks, we are back. This is Rural Law Radio and we are going to finish up with Mark in Florida.
[01:33:46.840 --> 01:33:55.800] All right, Mark, what else you got? Getting back to the one thing. The arresting officer put his
[01:33:55.800 --> 01:34:06.040] name at the top of the affidavit and the detective is the one that signed it. In other words, the
[01:34:06.040 --> 01:34:11.320] detective name should have been at the top and signed at the bottom. Okay, then you can assert that
[01:34:11.320 --> 01:34:16.760] they falsified the statement that the officer that alleged to have arrested you was not even present
[01:34:16.760 --> 01:34:27.000] at the time you were arrested. Okay. Should I challenge jurisdiction? Well, absolutely. You
[01:34:27.000 --> 01:34:34.520] challenged jurisdiction because there was no probable cause. The arrest itself was an assault
[01:34:34.520 --> 01:34:43.480] by the officer. Right? But the problem there is is you're going to need the audio and video from
[01:34:43.480 --> 01:34:49.560] the card to prove that. This goes, folks, just as a reminder, this goes back to what I keep telling
[01:34:49.560 --> 01:34:57.320] you. Don't go out in public without something that audio and video records and make dang sure
[01:34:57.320 --> 01:35:06.840] you're using it. Well, the detective doesn't make it clear in his statement that he stopped me because
[01:35:06.840 --> 01:35:15.720] I was staying handling it because of city ordinance. He does or he doesn't? He does. Okay. But the
[01:35:15.720 --> 01:35:22.600] problem is, is the moment that you assert that in court, he's going to backtrack and lie. So you've
[01:35:22.600 --> 01:35:28.920] got to be able to impeach him based upon the police report. And you've got the show that the
[01:35:28.920 --> 01:35:40.360] actual alleged probable cause never existed, making the arrest itself illegal. Don't they have to have
[01:35:40.360 --> 01:35:47.640] a crime they're charging you with before they charge you with resisting arrest? In Texas, no.
[01:35:48.680 --> 01:35:53.880] So not necessarily anywhere else. What they do have to do is tell you that you're being placed
[01:35:53.880 --> 01:36:00.280] under arrest before you can resist one. Because otherwise, if he touches you without telling
[01:36:00.280 --> 01:36:06.520] you you're being placed under arrest, he's committing assault. Well, as David, of course,
[01:36:06.520 --> 01:36:14.040] he says he did that. But he did what? That he told me I was under arrest. Well, of course. But if he
[01:36:14.040 --> 01:36:19.640] admits that he said you were under arrest originally for the panhandling, then that is proof positive
[01:36:19.640 --> 01:36:29.480] that the arrest was illegal. True. True. Now, the last thing is quickly, they took me to jail that
[01:36:29.480 --> 01:36:34.920] evening. When I got there, you know, a few hours later, they asked me if I wanted to post bail,
[01:36:34.920 --> 01:36:40.360] which I just happened to have the bail money on me and said yes. When will I get out? They said
[01:36:40.360 --> 01:36:46.920] about two hours. And so the next morning, 9 a.m., when everybody went before the magistrate, of
[01:36:46.920 --> 01:36:53.720] course, they didn't take me. And most people came out of the magistrates and they processed them out.
[01:36:54.840 --> 01:37:00.760] They processed me out at two in the afternoon, Eddie. Yeah, which means you may have a case
[01:37:00.760 --> 01:37:07.400] for false imprisonment. I was incarcerated for about 20 hours. Okay. Well, here's the thing.
[01:37:07.400 --> 01:37:17.400] You have precedent in Florida for exactly this type of case. Trevizant versus City of Tampa.
[01:37:17.400 --> 01:37:22.840] They threw him in a jail cell for 23 minutes. He got 25 grand.
[01:37:25.080 --> 01:37:27.400] That's Travis. Trevizant.
[01:37:27.400 --> 01:37:36.440] Trevizant. Trevizant. T-R-V-E-Z-A-N-T versus City of Tampa.
[01:37:38.440 --> 01:37:43.960] I had come across that and did not save it for some reason. I'm very good at saving things. Did
[01:37:43.960 --> 01:37:51.240] not save that. Well, you want that one for sure. Yes, sir. Now, the other thing is,
[01:37:51.240 --> 01:37:55.480] is this alleged panhandling an arrestable offense or is it a fine only offense?
[01:37:55.480 --> 01:37:59.800] Or is it an infraction where they're not allowed to arrest you at all because
[01:37:59.800 --> 01:38:06.040] it's considered civil? Some civil infractions they are allowed.
[01:38:06.040 --> 01:38:10.920] Okay. I'm not talking about some. I'm talking about this one specifically. Find out.
[01:38:12.360 --> 01:38:19.800] Well, it's been repealed. Regardless of that, find out what it was originally entailing
[01:38:19.800 --> 01:38:28.920] as far as punitive actions because even if it was valid and it was civil, an arrest was illegal.
[01:38:28.920 --> 01:38:36.520] You get it? Yes, sir. If it was never criminal, the arrest for it would be illegal in the first
[01:38:36.520 --> 01:38:42.920] instance. No questions asked. Yes, sir. Yes, sir. So you need to know.
[01:38:42.920 --> 01:38:48.920] To my surprise, I was reading the arrest section and their statutes,
[01:38:49.560 --> 01:38:58.040] what you could be arrested for, and it did list Florida statutes all of 316 and a lot of 316
[01:38:58.040 --> 01:39:05.960] dealing with traffic. A lot of 316 is civil, but they can arrest you for anything in 316,
[01:39:06.680 --> 01:39:11.640] which doesn't make sense to me if it's civil. Well, there's a contradiction in terms there.
[01:39:11.640 --> 01:39:19.240] If it's civil, they cannot arrest you for it. Well, it's listed under the things you're going to be
[01:39:19.240 --> 01:39:26.040] arrested for in the Florida statutes, and they specify all these different things,
[01:39:26.600 --> 01:39:33.800] of course, Alanese, Mr. Mayer, and whatnot, and they also list Florida statute 316,
[01:39:33.800 --> 01:39:41.560] all subtitles, all subsections. Well, then they can't possibly be treating them as civil,
[01:39:41.560 --> 01:39:45.560] because that right there is a constitutional violation no matter how you slice it.
[01:39:48.440 --> 01:39:58.680] Is there any higher court rulings on being jailed for civil? Absolutely.
[01:39:58.680 --> 01:40:05.960] Okay. I have to research that.
[01:40:09.240 --> 01:40:14.760] All right, Eddie. Okay. There are all these other crazy tickets I've gotten for a
[01:40:14.760 --> 01:40:18.280] do not apply that I have to go before the magistrate, which I have a
[01:40:19.320 --> 01:40:23.800] filed motion to dismiss, which I'm sure they are going to deny.
[01:40:23.800 --> 01:40:30.680] Okay. Well, Mark, if that's all the specific questions you got, man, I got other people I
[01:40:30.680 --> 01:40:36.680] got to get to here. Yes, sir. Thank you very much for everything you do. And one good note,
[01:40:36.680 --> 01:40:43.720] one good thing I can say there are some good officers out there. I had a lieutenant and a
[01:40:43.720 --> 01:40:52.280] captain from the sheriff's department get my home back after it was towed from a parking lot,
[01:40:52.280 --> 01:40:59.000] and they wanted $450 and $46 a day. Well, I'm glad there are some to be found. Unfortunately,
[01:40:59.000 --> 01:41:05.240] they're not arresting the ones that are not. They actually drove me over to pick it up.
[01:41:06.120 --> 01:41:10.600] I don't know what they did to get it out. Well, they just flashed their badge and said,
[01:41:10.600 --> 01:41:17.320] turn it over. That's what they did. No, they made the phone calls. But the lieutenant asked me when
[01:41:17.320 --> 01:41:25.640] I told him the situation, he said, who ordered the tow? Now, do you know of a legal precedent
[01:41:25.640 --> 01:41:28.120] where someone has to... Not for Florida.
[01:41:31.400 --> 01:41:40.040] It is posted, you know, it's always on whatnot. But the way he acted was that someone has to
[01:41:40.040 --> 01:41:45.480] physically order the tow. Yeah, the tow truck can't just take something because it's somewhere.
[01:41:45.480 --> 01:41:51.320] They have to be authorized by someone to tow off of property and to tow someone's private property.
[01:41:52.360 --> 01:41:57.240] They are contracted with the property owner. But the way the lieutenant acted,
[01:41:59.080 --> 01:42:04.360] somebody had to physically order the tow. Yeah. Do you know that to be true?
[01:42:04.360 --> 01:42:09.480] Yeah, that is true. Even though it's posted, you know, it's always on
[01:42:09.480 --> 01:42:16.920] with the company name and tow truck number. Depending upon how the statute's written,
[01:42:16.920 --> 01:42:22.840] you'll have to read it. I haven't read it for Florida. Okay. Okay. Okay. All right,
[01:42:22.840 --> 01:42:27.400] I got to get Mark. I got to the callers. Have a good one. You too. All right. Keep it up.
[01:42:28.760 --> 01:42:35.080] All right. I got Nick in North Carolina. Nick, I got about one minute before I go to break and
[01:42:35.080 --> 01:42:40.760] I have to pick you back up. What you got? I'll tell me quick. License checkpoints.
[01:42:40.760 --> 01:42:44.200] My kid ran through a license checkpoint. What do you mean ran through?
[01:42:45.640 --> 01:42:49.800] Her car. But she recorded the whole thing. She got a video recording of it.
[01:42:49.800 --> 01:42:54.680] Okay. Wait, wait, wait, wait, wait. I'm still trying to be clear on what you mean by ran through.
[01:42:54.680 --> 01:43:01.400] She went through with the stop process that they were engaged in or she ran it as in didn't stop
[01:43:01.400 --> 01:43:10.440] and blew right by everybody. No, she stopped at it. Okay. And here's what happened. The deputy
[01:43:10.440 --> 01:43:16.120] is asking for an identification, not a license. And so she says, what crime do you suspect me
[01:43:16.120 --> 01:43:21.640] of committing? And he says, well, I don't suspect you committing a crime. Just give me your ID.
[01:43:21.640 --> 01:43:27.800] She says, well, am I under arrest? And he says, no, but you may be a few obstruct justice. They
[01:43:27.800 --> 01:43:32.440] gave me the ID. And I'm not free to go. No, you're not free to go. Give me your ID.
[01:43:35.240 --> 01:43:38.680] Okay. So what's the law in North Carolina on ID checkpoints?
[01:43:39.960 --> 01:43:47.080] What is in Virginia? This is in Virginia? Yeah. Okay. Do you need to find that out? But I don't
[01:43:47.080 --> 01:43:53.800] know. Well, hang on and we'll cover that on the other side. Okay. Yeah. All right, folks. This is
[01:43:53.800 --> 01:43:59.240] rule of law radio. I am going into my last segment. Phil, Muhammad, y'all hang on. I'll be right
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[01:46:08.280 --> 01:46:25.800] All right, folks, we are back. This is rule of law radio and we are talking to Nick in North
[01:46:25.800 --> 01:46:35.480] Carolina. All right, Nick, first off in Virginia or West Virginia, what have they ruled upon as
[01:46:35.480 --> 01:46:44.920] far as these types of checkpoints being constitutional and lawful? Now, understand this, a sobriety
[01:46:44.920 --> 01:46:52.520] checkpoint and a licensed checkpoint are not the same thing and though they may have declared
[01:46:52.520 --> 01:47:00.440] sobriety checkpoints constitutional, that doesn't mean they did it with a licensed checkpoint
[01:47:00.440 --> 01:47:07.480] because I don't know any state that's validated licensed checkpoints. Though it is possible,
[01:47:07.480 --> 01:47:16.040] I don't recall seeing that in any of them. Right, but Virginia does not have a stop and ID law
[01:47:16.920 --> 01:47:24.520] and well, it's not just an issue of stopping ID. Have they validated a licensed checkpoint?
[01:47:24.520 --> 01:47:30.840] I'll have to check on that. You said it was West Virginia?
[01:47:31.720 --> 01:47:34.200] No, it's Virginia. Okay, all right, go ahead.
[01:47:36.120 --> 01:47:39.560] So he's asking for an identification two or three times and never a license
[01:47:41.480 --> 01:47:46.840] because he just used the people producing it. But we got that recorded and they had their little
[01:47:46.840 --> 01:47:51.960] marker set up. They said police checkpoint ahead. It didn't specify what it was and then he's
[01:47:51.960 --> 01:47:58.840] so she handed them her license because she had to go and he said, oh, you're free to go.
[01:47:58.840 --> 01:48:03.000] And I told her, you know, they can't stop you for an extra ID. They just can't do it.
[01:48:03.000 --> 01:48:06.840] Maybe a license, they've already been allowed to do that, but they can't do it.
[01:48:06.840 --> 01:48:09.000] So I have something here. I'm just not sure what.
[01:48:09.000 --> 01:48:19.720] Okay. Well, I'm trying to look up and see right now if there's anything that allows them to do that.
[01:48:25.320 --> 01:48:31.480] Let's see. You have a case of Delaware v. Prowse where the court held as invalid
[01:48:31.480 --> 01:48:35.960] a discretionary suspicion list stop in which an officer stopped a vehicle simply to perform
[01:48:35.960 --> 01:48:40.360] a check of the motorist driver's license and registration. The officer's conduct in that
[01:48:40.360 --> 01:48:45.480] case was deemed unconstitutional primarily on account of his exercise of standard list
[01:48:45.480 --> 01:48:50.920] and unconstrained discretion. However, the court nonetheless acknowledged the state's vital
[01:48:50.920 --> 01:48:55.480] interest in ensuring that only those qualified to do so are permitted to operate motor vehicles,
[01:48:55.480 --> 01:48:59.720] that these vehicles are fit for safe operation and hence that licensing registration
[01:48:59.720 --> 01:49:02.280] and vehicle inspection requirements are being observed.
[01:49:02.280 --> 01:49:08.440] Accordingly, the court suggested that questioning of all oncoming traffic at roadblock type stops
[01:49:08.440 --> 01:49:11.400] would be a lawful means of serving the interest in highway safety.
[01:49:12.120 --> 01:49:14.840] Were they blocking all oncoming traffic?
[01:49:18.520 --> 01:49:20.520] No. Yeah, yeah, yeah, they work both sides.
[01:49:24.200 --> 01:49:30.200] Okay. They also, the same court in Delaware v. Prowse also considered the purposes of such
[01:49:30.200 --> 01:49:34.280] hypothetical roadblocks to be distinct from a general purpose of investigating crime.
[01:49:36.040 --> 01:49:40.600] Now, of course, don't start me on how unconstitutional that I believe any and
[01:49:40.600 --> 01:49:46.120] all of these court opinions are. I don't think the state has the right to do any of it
[01:49:46.120 --> 01:49:50.200] when you're not engaged in an activity over which they have regulatory authority
[01:49:50.200 --> 01:49:55.960] and they do not have any over private activities that are causing harm to no one.
[01:49:55.960 --> 01:50:03.480] But that being said, until we hang the trees in this SOBs from the nearest vertical instrument,
[01:50:04.040 --> 01:50:04.920] it won't matter.
[01:50:08.360 --> 01:50:08.680] Right.
[01:50:11.160 --> 01:50:18.200] So, yeah, you're going to need to look up exactly what pertains to Virginia in relation to that.
[01:50:19.720 --> 01:50:24.440] Most of their ID laws, they don't have one. They're going to be going to try to do the license
[01:50:24.440 --> 01:50:28.600] thing, you know, because you're under contract transportation, but he didn't ask for a license.
[01:50:28.600 --> 01:50:32.280] He just asked for ID and that's not permitted anywhere.
[01:50:35.880 --> 01:50:37.400] Yeah, let's see.
[01:50:39.720 --> 01:50:45.640] Yeah, there are several articles about such stops in Virginia and such roadblocks,
[01:50:46.280 --> 01:50:50.520] but again, you're going to have to find out whether or not they've actually been established as valid.
[01:50:50.520 --> 01:51:02.120] Gotcha. Okay. And, you know, I'd like to get this deputy very, very arrogant. He should
[01:51:02.120 --> 01:51:05.160] have asked for a driver's license if he's going to try to stay legal.
[01:51:06.040 --> 01:51:06.840] Yeah, exactly.
[01:51:06.840 --> 01:51:12.120] Even to try to stay legal, he should have asked for a license instead of an ID.
[01:51:12.120 --> 01:51:17.240] Let's see.
[01:51:20.600 --> 01:51:24.760] Yeah, I've got, if you want to send me an email, I've got several articles up here on things
[01:51:24.760 --> 01:51:30.440] going on in Virginia in relation to that and I can send it to you via the email and you can go from
[01:51:30.440 --> 01:51:35.160] there. I will. I will. Thank you, Eddie. I don't want to take up any more time.
[01:51:35.160 --> 01:51:37.960] Okay. Thanks, Carlton and Nick. I appreciate it.
[01:51:37.960 --> 01:51:42.920] Yes, sir. All right. Now we're going to go to Phil in Oklahoma. Phil, what can we do for you?
[01:51:45.480 --> 01:51:52.040] You know, I'm calling in to get your opinion to see if you think I might win my case of
[01:51:52.040 --> 01:51:57.800] traffic. I had to go to the arraignment today, so I'm glad I'm not guilty,
[01:51:59.320 --> 01:52:05.720] which I don't think you'll usually do that, but I just get your opinion. Actually,
[01:52:05.720 --> 01:52:15.400] they made me pay something called a bond and I did it with a credit card, so I called the credit
[01:52:15.400 --> 01:52:22.440] card and told them to withhold payment. I'm refuting though, so they have never.
[01:52:22.440 --> 01:52:24.840] Okay. What were they charging you a bond for?
[01:52:27.160 --> 01:52:30.200] Which I don't know what a bond is, but anyway, that's what.
[01:52:30.200 --> 01:52:39.240] Well, a bond is legalized ransom, but the thing about it is if you haven't been arrested for
[01:52:39.240 --> 01:52:48.600] anything and you haven't been convicted of anything, the taking of a bond is somewhat illegal.
[01:52:51.640 --> 01:52:57.080] Yeah. Well, it seems illegal to me, but they never even give me no paperwork on the bond.
[01:52:57.080 --> 01:53:04.520] Just saying where it's legal, which that's another problem I've got is I'm in Oklahoma,
[01:53:04.520 --> 01:53:12.840] so I'm not too... I can't even find these ordinances that's on the ticket. I can't
[01:53:12.840 --> 01:53:16.360] find them online. The ordinances or the state laws?
[01:53:18.280 --> 01:53:23.560] Well, on the ticket, they're called ordinances. Okay. If they're charging you with an ordinance,
[01:53:23.560 --> 01:53:27.720] the first thing you want to study is the Oklahoma Constitution and see who has the
[01:53:27.720 --> 01:53:32.760] authority to make binding law. If ordinances are not defined in the Constitution of the
[01:53:32.760 --> 01:53:39.960] state as binding law, which it shouldn't be, then they have a constitutional issue of trying
[01:53:39.960 --> 01:53:45.400] to hold you culpable under that because an ordinance cannot be applied to the general public
[01:53:45.400 --> 01:53:48.120] with the same duty requisites as an actual law.
[01:53:48.120 --> 01:53:58.600] Yeah. Well, I can't even find the ordinance and where they told me to find them.
[01:53:58.600 --> 01:54:02.680] Well, send me an email and I'll send you the link to where the Oklahoma ordinances are.
[01:54:04.040 --> 01:54:08.920] Well, they've already told me. I just can't... I put it in the search and it didn't come up
[01:54:08.920 --> 01:54:13.000] with anything. Right. So, send me an email and I'll send you a link to where they are.
[01:54:13.000 --> 01:54:20.840] Oh, you think it'll be easy your way. Okay. Yeah. I see. I'm looking at the
[01:54:20.840 --> 01:54:24.360] statutes right now. So, yeah, I'm pretty sure it'll be easy my way.
[01:54:26.600 --> 01:54:33.320] Now, see the credit card I used to pay that bond, you know, I'm disputed the charge,
[01:54:33.320 --> 01:54:40.440] so the credit card is never paid, which they have never answered according to the credit
[01:54:40.440 --> 01:54:49.880] card company. But anyway, I was just trying to get your opinion if you think I'll have a case
[01:54:49.880 --> 01:54:58.760] if I try to go for... that I had a ride. I didn't have to have a driver's license,
[01:54:59.320 --> 01:55:07.560] which actually I have a driver's license now because I paid this fine in Texas from 2004.
[01:55:07.560 --> 01:55:12.680] So, to give me my Oklahoma license back. Okay. Who stopped you and where?
[01:55:14.520 --> 01:55:23.000] Well, I got stopped by a city top in their area. Okay. And so, it's a municipal court
[01:55:23.640 --> 01:55:30.840] in this city, this little town. In Oklahoma. Yeah. Okay. Yeah. Yeah. And I live in Oklahoma.
[01:55:32.200 --> 01:55:37.240] You know, it's real close to where I live. So, it's no problem for me to go to court.
[01:55:37.240 --> 01:55:41.480] Right. But we're starting from my point here for a second. I'm trying to get some information so I
[01:55:41.480 --> 01:55:49.400] can determine what the best course of action here may or may not be. Sure. So, you're asking if you
[01:55:49.400 --> 01:55:54.600] can win the argument, I don't have to have a license. What did they charge you with?
[01:55:54.600 --> 01:56:06.680] A ordinance, no state driver's license and speeding and seat belt. Okay. And what is
[01:56:06.680 --> 01:56:11.720] going to be the basis of your argument for no requirement to have a license?
[01:56:13.080 --> 01:56:20.280] Well, I was going to use your script on the... that's all I have right now is your script.
[01:56:20.280 --> 01:56:24.600] But nothing in my script says anything about arguing that you don't have to have a license.
[01:56:29.000 --> 01:56:31.720] Well, I was reading it today and I thought it did.
[01:56:32.600 --> 01:56:38.600] No. It argues that you're not engaging in transportation like you're being accused of.
[01:56:39.960 --> 01:56:45.080] Yeah. Yeah. Yeah. That's what I mean. You know, because like I'm saying, that's why I'm calling
[01:56:45.080 --> 01:56:52.360] get your opinion because I'm no expert on it. You will almost virtually never ever win the case
[01:56:52.360 --> 01:56:57.880] at trial and you certainly won't win it if you don't do the research to make the argument
[01:56:57.880 --> 01:57:06.040] properly for the record on appeal. Yeah. How much studying have you done on the Oklahoma
[01:57:06.040 --> 01:57:12.200] Statutes relating to transportation? Well, see, that's what I'm talking about. I can't even find
[01:57:12.200 --> 01:57:20.920] these ordinances. And it's called, you know, the Oklahoma Transportation Code. And I've tried
[01:57:20.920 --> 01:57:28.680] to study it, but I haven't got too far in knowing that. Well, the ordinances won't be state. They'll
[01:57:28.680 --> 01:57:33.640] be city. So you have to go to that city's website and find where those are.
[01:57:34.920 --> 01:57:41.160] Well, no, I went to the website. I've not found that. I put those numbers in their search column
[01:57:41.160 --> 01:57:47.080] and it didn't ever come up any time. All right. Not exactly my point.
[01:57:48.520 --> 01:57:54.120] Somewhere on there, there will be a link to the city ordinances. And you may not be able to download
[01:57:54.120 --> 01:57:59.880] them, but you at least should be able to browse them. Okay. You may not, they may not have them
[01:57:59.880 --> 01:58:09.720] indexed for searching on the website. All right. You follow? Well, like today, here's
[01:58:09.720 --> 01:58:13.320] the thing that happened in my hearing. This lady read a bunch of stuff before.
[01:58:14.120 --> 01:58:19.800] Okay, Phil, I'm out of time to go beyond this. That music means the show is over.
[01:58:20.680 --> 01:58:25.320] So if you need to go further than this, Muhammad, same with you, send me an email,
[01:58:25.320 --> 01:58:33.080] eddyddi at ruleoflawradio.com. And I will try to get back to you as quickly as I can with whatever
[01:58:33.080 --> 01:58:40.440] else we need to discuss. Okay. All right. Thanks, Phil. Muhammad, I apologize for not being able to
[01:58:40.440 --> 01:58:44.840] get to you. All right, folks, it's been a great night. Y'all have a great and blessed week. Good
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