ROL_2021-05-14_16k_Hr1-2.timecode
[00:00.000 --> 00:06.760] The following news flash is brought to you by The Lowest Star Lowdown.
[00:06.760 --> 00:13.040] Markets for Monday, 22 July 2019 Open with precious metals, gold at $1,429 an ounce,
[00:13.040 --> 00:21.120] silver $16.45 an ounce, copper $2.75 an ounce, oil, Texas crude $55.63 a barrel, brand
[00:21.120 --> 00:29.680] crude $62.47 a barrel, and cryptos in order of market cap, bitcoin, core $10,566.52, Ethereum
[00:29.680 --> 00:41.280] $227.26, XRP Ripple $0.33, Litecoin $100.31, and Bitcoin Cash is at $324.10 a crypto coin.
[00:41.280 --> 00:52.480] Today in history, the year 1916, the Preparedness Day bombing, a time suitcase bomb, was detonated on
[00:52.480 --> 00:58.200] Market Street in San Francisco during the World War I Preparedness Day Parade, killing 10 and
[00:58.200 --> 01:04.080] entering 40 today in history.
[01:04.080 --> 01:09.880] In recent news, since Governor Greg Abbott signed House Bill 1325, legalizing heaven to tax his
[01:09.880 --> 01:14.840] law back in June, county prosecutors around the state, including Houston, Austin, and San Antonio,
[01:14.840 --> 01:18.680] have been dropping marijuana possession charges and even refusing to file new ones,
[01:18.680 --> 01:23.160] since they are stipulating that they do not have the time or the laboratory equipment to test the
[01:23.160 --> 01:28.200] earth for THC. Margaret Moore, the Travis County District Attorney, announced earlier this month
[01:28.200 --> 01:33.400] that she was dismissing 32 felony possession and delivery of marijuana cases because of the law.
[01:33.400 --> 01:37.800] Mr. Abbott and other state officials, including the Attorney General, stipulated in a letter to
[01:37.800 --> 01:42.760] county district attorneys back on Thursday that marijuana has not been decriminalized in Texas
[01:42.760 --> 01:49.560] and that these actions demonstrate a misunderstanding of how HB 1325 works, as well as other cities too,
[01:49.560 --> 01:56.040] like the District Attorney in El Paso, Kyma Esparza, a Democrat who also stated earlier this month
[01:56.040 --> 02:01.720] that the law, quote, will not have an effect on the prosecution of marijuana cases in El Paso.
[02:01.720 --> 02:06.680] However, the issue was succinctly summarized by Mr. Brandon Ball, an assistant public defender
[02:06.680 --> 02:11.160] in Harris County, who stated that, quote, the law is constantly changing on what makes something
[02:11.160 --> 02:15.880] illegal based on its chemical makeup. It's important that if someone is charged with something,
[02:15.880 --> 02:24.920] the test matches what they're charged with. A paper by Tulane University identified a five
[02:24.920 --> 02:29.880] and a half inch American pocket shark. As the first of its kind in the Gulf of Mexico,
[02:29.880 --> 02:35.400] the specimen being only the second pocket shark ever captured or recorded with the other one
[02:35.400 --> 02:40.680] being found way back in 1979 in the East Pacific Ocean. According to the university paper, the
[02:40.680 --> 02:47.880] shark secretes a lumus fluid from a gland near its front fins for the purposes hypothesized to lure
[02:47.880 --> 03:11.880] prey who may be drawn into the glow. This was Rook Rody with the Lowdown for July 22, 2019.
[03:18.840 --> 03:30.040] Just me, what you gonna do? What you gonna do? Yeah, bad boys, bad boys, what you gonna do?
[03:30.040 --> 03:35.480] What you gonna do when they come for you? Bad boys, bad boys, what you gonna do?
[03:35.480 --> 03:40.760] What you gonna do when they come for you? When you were eight and you had bad dreams,
[03:40.760 --> 03:46.680] would go to school and learn the golden rules? So why are you acting like a bloody fool? If you
[03:46.680 --> 03:52.600] keep it hot then you are much better, who? Bad boys, bad boys what you gonna do? What you gonna
[03:52.600 --> 03:59.480] do when they come for you? Bad boys, bad boys what you gonna do? What you gonna do when they come for
[03:59.480 --> 04:03.460] you? You chips cut and bat one. You chips cut and bat one. You chip cut and bat one. This chip
[04:03.460 --> 04:07.720] cut and bat one, this chip cut and bat one. What you gonna do when they come for you? Bad boys,
[04:37.720 --> 05:04.040] Okay, howdy, howdy, we're at the Calton Brett Fountain Rula Radio on this, the 14th
[05:04.040 --> 05:16.280] day of May 2020. What Brett? 2021. I need Brett to take you. I'm old. I lose the stuff. I need
[05:16.280 --> 05:26.920] Brett to take care of me. Okay. 2021. And this is our four hour info marathon. I'm turning the
[05:26.920 --> 05:36.200] phones on. And I have a little story. I'm actually getting too old for this kind of stuff. I've been
[05:36.200 --> 05:42.360] doing it a long time. And, you know, when you first start doing something that's really exciting
[05:42.360 --> 05:53.320] and novel and interesting. But after a while, the new wear is off. Yesterday, Mary Clinic,
[05:53.320 --> 06:00.440] she calls into the show pretty regularly. She's a very well known activist in Austin.
[06:01.160 --> 06:10.120] She does a lot of lobbying and Mary is just absolutely great at bringing people together
[06:10.120 --> 06:19.400] behind issues. She drove up to where I'm at. She was camped out at Weatherford. She likes to
[06:19.400 --> 06:27.720] camp out in the wild. And she came to the courthouse on the 13th, which was yesterday,
[06:29.320 --> 06:39.560] when the grand jury was meeting. And I had filed 49 criminal complaints with the district attorney.
[06:39.560 --> 06:51.720] This district attorney has recently been appointed as the district attorney. He served as county
[06:51.720 --> 06:59.480] attorney for some 15, 20 years. And he's just recently been appointed as district attorney
[07:00.040 --> 07:06.520] by the governor because the local county judge passed away. The district attorney was appointed
[07:06.520 --> 07:14.040] as the interim district judge. And so they moved the county attorney up to district attorney.
[07:15.480 --> 07:24.040] Well, this is kind of his, he's kind of new in this office. The previous district attorney
[07:24.040 --> 07:30.920] was one of those human beings who understood how to handle people.
[07:30.920 --> 07:40.040] And I've known him for some 30 years now and he has always handled me very well.
[07:41.320 --> 07:47.160] And by handling me very well, he's kept me from landing on him like a ton of bricks.
[07:49.080 --> 07:55.720] This new district attorney I am concerned with because he does not have the depth of
[07:55.720 --> 08:03.720] understanding of the political nature of his office. I get lots of feedback about this particular
[08:03.720 --> 08:12.840] attorney prosecutor and it's all bad. So I've known him for a long time. When he ran for office,
[08:12.840 --> 08:18.920] he saw me in the courthouse and he said, hello, Mr. Kelton. I said, hello, James. He said, Mr.
[08:18.920 --> 08:25.320] Kelton, you know, I'm running for county attorney. Yes, I heard that. And he said, Mr.
[08:25.320 --> 08:31.800] Kelton, I know about your radio show. And you just remember, I know where you live.
[08:33.080 --> 08:40.360] I went to school with your kids. I said, well, James, I don't have an axe to grind with you.
[08:41.800 --> 08:47.000] I actually did, but I didn't bring it up there. I had to send a client to him and he pretty well
[08:47.000 --> 08:53.560] threw the client under the bus. I wasn't happy with him about that, but I wasn't going to let
[08:53.560 --> 09:03.240] him know that. But over the years as a county attorney, he has proved himself to be less than
[09:03.240 --> 09:13.000] competent. He makes it a practice of bullying people into taking a deal. And the reason I'm
[09:13.000 --> 09:21.160] saying that is, is after he got into district attorney, I filed these 49 criminal complaints
[09:21.160 --> 09:26.360] with him and they're all against public officials. Well, that's a special circumstance
[09:27.400 --> 09:34.920] for a prosecuting attorney. The vast majority of all complaints that the prosecutor gets
[09:35.480 --> 09:45.320] are against private citizens. And the process for dealing with these types of complaints
[09:45.320 --> 09:51.480] are addressed in Texas Code of Criminal Procedure, Article 2.04, 5 and 6.
[09:53.960 --> 09:58.840] However, when a complaint is made against a public official,
[10:00.040 --> 10:10.360] that falls under Article 2.03. And that's a whole other animal. I was concerned that he
[10:10.360 --> 10:20.040] wasn't aware of the difference. So when I filed these 49 complaints, they were for the purpose
[10:20.040 --> 10:30.360] of introducing him to the deep end of the pool. The first two complaints were a complaint of
[10:30.360 --> 10:40.120] criminal conspiracy and a complaint, that's 15.02 Code of Criminal Procedure and
[10:43.000 --> 10:49.400] misappropriation of public funds, 39.02 Texas Code of Criminal Procedure.
[10:49.400 --> 10:59.560] And I was kind of concerned that he didn't understand the nature of this kind of complaint.
[11:01.240 --> 11:07.480] 2.03 says, and I'm paraphrasing here, when a complaint is filed against a public official,
[11:09.320 --> 11:14.440] the attorney representing the state shall reduce the complaint to information Smith,
[11:14.440 --> 11:22.120] grand jury fourth whip. It used to say fourth whip, but they took that out in recent intentations of it.
[11:23.960 --> 11:29.480] It's a little longer than what I just said, but that's the crux of what it says, somewhat convoluted.
[11:30.120 --> 11:37.720] But it effectively says that a prosecuting attorney should not be put in a position
[11:37.720 --> 11:43.800] to determine whether or not to prosecute someone he works with.
[11:45.640 --> 11:49.160] So they took that discretion away from him.
[11:51.720 --> 11:56.760] When it's a matter of the complaint against a public official, he has no discretion. He must
[11:57.640 --> 12:02.040] forward it and reduce the complaint to an information and present it to grand jury.
[12:02.040 --> 12:09.560] It still says fourth whip, but it's 2.05, I think, when you're looking at it.
[12:09.560 --> 12:12.120] He shall prepare the information based on the complaint.
[12:12.680 --> 12:15.240] But 2.03 is talking about the neglect of duty.
[12:17.000 --> 12:19.320] Yeah, that's the one that goes to public officials.
[12:20.840 --> 12:26.280] Neglective duty is specific to Chapter 39 of Texas Penal Code.
[12:26.280 --> 12:37.240] And in there, it is specifically intended to take the prosecuting attorney off the dime.
[12:38.920 --> 12:43.320] And technically, the prosecuting attorney has no discretion anyway.
[12:44.440 --> 12:50.280] But the courts have granted the prosecutor a certain amount of reasonable leeway.
[12:50.280 --> 12:55.960] Since in Texas, and in most states, they no longer take a person arrested directly to the nearest
[12:55.960 --> 13:02.840] magistrate, they have yielded that discretion to the prosecutor.
[13:04.840 --> 13:06.040] See, this is a problem.
[13:07.720 --> 13:14.840] Prosecutors have, since we've adopted public prosecutors in 1865, I believe, or 63 or 5,
[13:14.840 --> 13:16.520] I forget the exact date.
[13:16.520 --> 13:23.240] Before that, if you wanted to file a criminal complaint, you hired an attorney.
[13:23.960 --> 13:26.760] And that attorney acted as the prosecutor.
[13:27.880 --> 13:34.600] But in 1863, I believe it was, and I'm sure someone will correct me if I'm wrong.
[13:35.800 --> 13:43.160] The government created state prosecutors.
[13:43.160 --> 13:48.440] I can't correct you about that.
[13:48.440 --> 13:49.960] I wasn't around effective.
[13:51.960 --> 13:57.080] Well, I wasn't quite around back then, a little while after.
[13:58.120 --> 14:06.520] But they gave the, you could no longer hire your own attorney and act as a prosecutor,
[14:06.520 --> 14:08.440] because now we had state prosecutors.
[14:08.440 --> 14:13.080] But they limited their authority.
[14:13.080 --> 14:20.120] Specifically in Texas, the legislature considered that a prosecuting attorney should not be put
[14:20.120 --> 14:26.680] in a position to determine whether or not to prosecute someone he worked with.
[14:28.120 --> 14:29.560] So they took that away from him.
[14:29.560 --> 14:40.600] The very first statute under duties of officers that direct a prosecutor in a specific duty
[14:42.120 --> 14:43.480] is 2.03.
[14:43.480 --> 14:48.280] 2.01 says it shall be the primary duty of the prosecuting attorney, not to secure conviction,
[14:48.840 --> 14:50.760] but to ensure that justice is served.
[14:50.760 --> 14:54.200] Well, yeah, that's nice, high-minded rhetoric.
[14:55.080 --> 14:58.760] But it really doesn't tell a prosecutor to do anything in particular.
[14:58.760 --> 15:01.800] It warns him about certain things.
[15:01.800 --> 15:10.040] He says the prosecutor shall not secret evidence that would show the innocence of the accused
[15:10.040 --> 15:13.160] or mitigate the guilt of the accused.
[15:13.160 --> 15:19.480] But that's telling him not to do something or vaguely alluding to the fact that he should
[15:19.480 --> 15:22.440] avoid certain things, but it's not really specific.
[15:22.440 --> 15:28.440] 2.02 says the district attorney will handle this kind of stuff.
[15:28.440 --> 15:31.240] The county attorney will handle this kind of stuff.
[15:32.760 --> 15:42.520] 2.03, first one that places upon the prosecutor a specific duty.
[15:43.320 --> 15:48.920] If a prosecutor, and I'm paraphrasing here because it's kind of long and somewhat convoluted,
[15:48.920 --> 15:54.920] but at the end of the day what it says, a prosecuting attorney is made known in any manner
[15:55.880 --> 16:00.520] that a public official has violated a law relating to his office.
[16:01.080 --> 16:05.080] He shall reduce the complaint to an information.
[16:05.960 --> 16:07.480] Let me step back a second.
[16:08.120 --> 16:15.960] The only way a prosecutor can be made known that a crime has been committed
[16:15.960 --> 16:23.480] is by a verified criminal affidavit, and that affidavit is not restricted to policemen.
[16:24.360 --> 16:28.760] When a policeman files that affidavit, he does not do so as a policeman.
[16:28.760 --> 16:32.040] He does so as a credible person.
[16:32.840 --> 16:37.720] Any credible person can make it known to the prosecutor that a crime has been committed.
[16:37.720 --> 16:42.360] If the crime is alleged to have been committed by a public official,
[16:42.360 --> 16:46.440] the prosecuting attorney has no discretion.
[16:46.440 --> 16:51.640] He must reduce the complaint to information and submit it to the grand jury.
[16:51.640 --> 17:11.640] Hang on, we'll be right back.
[17:21.640 --> 17:26.520] When contacted by phones, mail or court summons, how to answer letters and phone calls,
[17:26.520 --> 17:29.160] how to get debt collectors out of your credit report,
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[17:33.800 --> 17:38.760] The Michael Mirris proven method is the solution for how to stop debt collectors.
[17:38.760 --> 17:41.080] Personal consultation is available as well.
[17:41.080 --> 17:46.760] For more information, please visit ruleoflawradio.com and click on the blue Michael Mirris banner
[17:46.760 --> 17:49.560] or email michaelmirris at yahoo.com.
[17:49.560 --> 17:57.320] That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com.
[17:57.320 --> 17:59.800] To learn how to stop debt collectors next.
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[18:12.520 --> 18:15.240] Among those rights are the right to travel freely from place to place,
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[19:24.200 --> 19:51.640] We're standing like it's out of control on the edge of a hole inside a deep dark hole.
[19:51.640 --> 20:08.440] Okay, we are back.
[20:08.440 --> 20:11.240] Randy Kelton, Brett Fountain, Rule of Law Radio,
[20:12.120 --> 20:14.040] and I'll finish up on this real quick.
[20:14.040 --> 20:20.040] What I was going to is I had filed a bunch of criminal complaints against public officials,
[20:20.040 --> 20:25.320] which included the district attorney and the district judge.
[20:27.800 --> 20:32.280] When I filed them, I took them into the district attorney's office
[20:32.280 --> 20:36.520] because that's the only address we have for the grand jury.
[20:37.880 --> 20:41.080] But I had them in an envelope that said grand jury eyes only,
[20:42.360 --> 20:44.040] and they were sealed with a wax seal.
[20:44.040 --> 20:50.520] And I gave them to the clerks and she looked at it and I said,
[20:50.520 --> 20:55.640] oh, I just wanted to welcome James to the deep end of the pool.
[20:58.760 --> 21:05.000] And they knew me because I had been around a while and they kind of chuckled.
[21:05.000 --> 21:10.040] Well, he got this folder that was sealed with a wax seal.
[21:10.040 --> 21:18.760] So under the code, when it's a complaint against a public official,
[21:19.640 --> 21:21.000] he has no jurisdiction.
[21:21.640 --> 21:25.320] And James knew me well enough to know that I knew what it was doing.
[21:26.040 --> 21:31.400] So I'm assuming that he did not unseal that document.
[21:31.400 --> 21:38.600] But I know that he did because I walked past the district court room
[21:38.600 --> 21:43.160] and they've got a windows in the door and I looked in and the judge saw me
[21:43.160 --> 21:47.240] and just ignored everybody else and clared at me.
[21:48.440 --> 21:56.120] So I was looking back at him thinking, oops, I think James opened the envelope.
[21:56.120 --> 22:07.480] I charged him with the most nitpicking crappy complaint you can imagine.
[22:09.400 --> 22:19.000] I accused the district judge and the county attorney of conspiring with one another
[22:19.000 --> 22:21.560] to misappropriate public funds.
[22:21.560 --> 22:28.920] I filed an information request with the district court because he refused to give me the list
[22:28.920 --> 22:31.080] of the attorneys on the attorney's wheel.
[22:31.960 --> 22:37.560] I wanted to potentially send them clients, but he was already kind of upset at me
[22:37.560 --> 22:42.120] because I had to help the guy file criminal charges against him.
[22:42.120 --> 22:50.120] We asked for a count of findings of active conclusions at law and he refused to produce
[22:50.120 --> 22:54.920] them, and that's a standard thing with judges in Texas.
[22:55.880 --> 23:01.080] But the Rule 297 says if you request finding the fact and conclusions at law,
[23:01.080 --> 23:11.560] that's when the judge has rendered a ruling under the maximum articulated in Packer v. Walker,
[23:11.560 --> 23:19.160] a judge has no discretion in properly applying the law to the facts of failure to do so
[23:19.160 --> 23:21.000] is an abuse of discretion.
[23:21.000 --> 23:27.000] The only thing you can appeal to the court of appeals is an abuse of discretion.
[23:29.000 --> 23:31.560] Well, I read that and said what?
[23:33.480 --> 23:41.480] An abuse of discretion that denies a citizen in the full and free access to or enjoyment
[23:41.480 --> 23:46.200] of a riot in the state of Texas is a class A misdemeanor.
[23:46.200 --> 23:50.840] And they're just saying, well, you can appeal.
[23:52.680 --> 23:56.600] Well, I can also appeal to the grand jury to have him indicted.
[23:56.600 --> 23:57.400] So that's what we did.
[23:58.920 --> 24:02.040] On the 20, he's got 20 days to produce it.
[24:02.040 --> 24:06.520] He says he shall produce findings affecting conclusions at law within 20 days.
[24:07.320 --> 24:14.120] If he doesn't, you can file a notice of late filing and the judge has 10 more days.
[24:14.120 --> 24:23.000] But the court says he shall produce findings affecting conclusions at law within 20 days.
[24:23.000 --> 24:27.240] It does not say may, might, or can if he wants to.
[24:28.600 --> 24:35.080] The court of appeals never enforces that rule because no lawyer's ever asked them to.
[24:35.080 --> 24:40.840] No lawyer's would dare take on a judge because if he did,
[24:40.840 --> 24:46.520] the lawyer, the judge is likely to screw his next client, but I'm not a lawyer.
[24:47.480 --> 24:50.360] I'm the I'm a pro safe from hell.
[24:51.400 --> 24:55.320] I don't care if that judge is aggravated at me.
[24:55.960 --> 24:59.080] My only purpose in the trial court is to set the record.
[24:59.080 --> 25:04.920] So the more upset at me, he is the better because he's likely to screw up his pleading.
[25:04.920 --> 25:07.160] He's his rulings more.
[25:07.160 --> 25:13.720] So on the 21st day, we filed a notice of late filing and criminal charges with the grand jury.
[25:13.720 --> 25:16.440] So the judge knew I did that.
[25:16.440 --> 25:18.600] 296 says that he shall.
[25:18.600 --> 25:21.560] Yeah, it does not say may, might, or can if he wants to.
[25:23.480 --> 25:28.600] But the judges don't want to enforce that because they don't want to have to do it.
[25:30.200 --> 25:32.760] That is the power of the pro se.
[25:32.760 --> 25:40.360] That is the power of the pro se. We are the most powerful people in the building.
[25:41.960 --> 25:50.040] And that's why that judge can't screw my next client because I'm not going to have one.
[25:51.400 --> 26:00.440] The favorite thing I like to do is tell the court that I am not sure dangling by my bar card.
[26:00.440 --> 26:07.000] You might be able to screw over these lawyers, but I am your worst nightmare.
[26:08.360 --> 26:13.400] The only thing you can do is determine the facts in accordance with the rules of evidence
[26:13.400 --> 26:19.000] and apply the laws that comes to you to the facts in the case you failed to do that.
[26:19.560 --> 26:24.680] And I'm going to be all over you and we want them to know that early.
[26:24.680 --> 26:33.640] Anyway, so in this case, I filed criminal charges against the district judge for asking the county
[26:33.640 --> 26:42.360] attorney to send an information request to the attorney general, asking the attorney general
[26:42.360 --> 26:48.520] to deny me access to these documents because I asked for them under the Open Records Act.
[26:48.520 --> 26:54.040] Well, in fact, I didn't know such thing.
[26:55.320 --> 27:00.280] The county attorney seemed to think this was my first rodeo.
[27:01.640 --> 27:09.240] I have on jurisimprudence.website some information requests.
[27:09.960 --> 27:16.040] Just go to jurisimprudence.website, click on documents and research,
[27:16.040 --> 27:20.440] and there will be a link to blanks.
[27:20.440 --> 27:22.920] Go to blanks, and I'll have an info.
[27:22.920 --> 27:25.640] I have criminal complaints, I have some other blanks in there.
[27:25.640 --> 27:34.360] If you click the info blanks, that is a information request that I have worked out over the last 30 years.
[27:36.360 --> 27:39.480] It demands that they produce certain records.
[27:39.480 --> 27:48.440] It does not demand that they produce certain records under any particular law.
[27:49.800 --> 27:52.920] One of my rules, so I'll give legal advice.
[27:54.520 --> 27:59.240] See, what they want to say is, if you want this under the Open Records Act,
[27:59.240 --> 28:03.960] you have to ask for it under the Open Records Act, or will you come up with that nonsense?
[28:03.960 --> 28:12.440] If the law says you must produce something, whatever law says you must produce something
[28:13.400 --> 28:19.560] does not have to be named in order to be effective.
[28:21.000 --> 28:26.920] I don't have to claim to demand that you produce under the Open Records Act in order
[28:26.920 --> 28:30.040] to receive records under the Open Records Act.
[28:30.040 --> 28:39.560] I don't have to claim records under the right to a public court in order to receive
[28:39.560 --> 28:43.640] documents under the right to a public court.
[28:43.640 --> 28:50.440] I just have to ask for them, and that invokes any law that applies to them.
[28:51.640 --> 28:55.320] But the prosecutor decided that I asked for them under the Open Records Act,
[28:55.320 --> 28:59.880] because I guess he thought this was my first rodeo, he should have known better,
[29:01.240 --> 29:05.400] and told the Attorney General that I asked for them under the Open Records Act,
[29:05.400 --> 29:07.800] and sent the Attorney General my request.
[29:09.240 --> 29:14.280] He didn't say anything about the Open Records Act, and the Attorney General Lawyer said,
[29:14.280 --> 29:20.280] oh well, he asked for these under the Open Records Act, so they don't fall under the
[29:20.280 --> 29:25.800] Open Records Act, so you don't have to give them to him. No, that was not quite right.
[29:25.800 --> 29:29.720] That was half right. They don't fall under the Open Records Act,
[29:30.920 --> 29:37.640] but they do fall under the Texas Constitution. All courts shall be public,
[29:39.720 --> 29:45.960] and I don't have to claim that all courts shall be public for that to apply,
[29:45.960 --> 29:55.880] and that was the stance they were taking. So, they forgot all about Rule 12 of the Texas
[29:55.880 --> 29:59.400] Rules of Judicial Administration. It's basically me.
[30:02.600 --> 30:06.520] It's clear cell phones have changed the way we live and work, but have they negatively
[30:06.520 --> 30:11.240] affected our health? I'm Dr. Catherine Albright, and I'll be back in just a moment with new findings
[30:11.240 --> 30:17.320] about how cell phones may actually alter our brain chemistry. Privacy is under attack.
[30:17.320 --> 30:20.920] When you give up data about yourself, you'll never get it back again,
[30:20.920 --> 30:25.720] and once your privacy is gone, you'll find your freedoms will start to vanish too,
[30:25.720 --> 30:31.800] so protect your rights. Say no to surveillance and keep your information to yourself. Privacy,
[30:31.800 --> 30:37.080] it's worth hanging on to. This public service announcement is brought to you by StartPage.com,
[30:37.080 --> 30:43.000] the private search engine alternative to Google, Yahoo, and Bing. Start over with StartPage.
[30:44.680 --> 30:49.560] Cell phones emit radio frequency energy. It's a fact, but whether it's dangerous to have a
[30:49.560 --> 30:53.960] phone beaming this kind of radiation near your head has been disputed. Some have blamed it for
[30:53.960 --> 30:58.680] brain tumors, while cell phone companies have downplayed concerns. Well, now the Journal of the
[30:58.680 --> 31:03.720] American Medical Association is confirming that cell phones affect brain chemistry. A study of
[31:03.720 --> 31:09.080] 47 volunteers showed that glucose metabolism in the area of the brain closest to the cell phone
[31:09.080 --> 31:13.960] antenna increases when the cell phone is on. While researchers aren't sure whether this exposure
[31:13.960 --> 31:19.000] causes damage, I'm not taking any chances. I always keep the phone far from my body,
[31:19.000 --> 31:24.040] and I use a corded headset. I'm Dr. Katherine Albrecht. More news and information at Katherine
[31:24.040 --> 31:36.360] Albrecht.com. I lost my son. My uncle. My uncle. On September 11, 2004, most people don't know
[31:36.360 --> 31:42.520] that a third tower fell on September 11. World Trade Center 7, a 47-story skyscraper, was not hit
[31:42.520 --> 31:48.360] by a plane. Although the official explanation is that fire brought down Building 7, over 1,200
[31:48.360 --> 31:52.600] architects and engineers has looked into the evidence and believed there is more to the story.
[31:52.600 --> 31:58.760] Bring justice to my son. My uncle. My nephew. My son. Go to BuildingWhat.org. Why a cell?
[31:58.760 --> 32:04.760] Why it matters. And what you can do. Logos Radio Network welcomes a new show to our lineup for
[32:04.760 --> 32:11.320] the new year. Scripture Talk with Nana will begin Wednesday, January 8, from 8 to 10 p.m. Central
[32:11.320 --> 32:18.040] Time. Our goal is in accord with Matthew 516. Let your light so shine before men that they may see
[32:18.040 --> 32:24.120] your good works and glorify your Father which is in heaven. We wish to reflect God's light and be a
[32:24.120 --> 32:29.800] blessing to all those with a hearing ear. Join Nana and guests for both verse by verse Bible
[32:29.800 --> 32:35.960] studies and topical Bible studies designed to provoke unto love and good works. Our verse by
[32:35.960 --> 32:41.480] verse Bible studies will begin in the book of Matthew where we will discuss one chapter per week.
[32:41.480 --> 32:47.160] Our topical Bible studies will vary each week and will explore sound doctrine as well as Christian
[32:47.160 --> 32:53.560] character development. So mark your calendar and join us live on LogosRadioNetwork.com
[32:53.560 --> 32:59.720] Wednesdays from 8 to 10 p.m. starting January 8 for an inspiring and motivating discussion of the
[32:59.720 --> 33:17.400] Scriptures. You're listening to the Logos Radio Network at LogosRadioNetwork.com.
[33:59.720 --> 34:17.320] Okay, we are back. Randy Kelton, Brett Fountain with Logos Radio and I know I'm kind of using
[34:17.320 --> 34:26.040] up some time here but I think this is important. We need to know what we're doing when we step in
[34:26.040 --> 34:34.760] the door and in this case what I did to the new district attorney I set up very carefully.
[34:36.840 --> 34:42.200] As soon as he got in I filed criminal charges against him for what he did when he was a county
[34:42.200 --> 34:48.120] attorney and when I filed it I told the clerks that I was just trying to welcome James to the
[34:48.120 --> 34:54.040] deep end of the pool. Well, I went into the courthouse yesterday because the grand jury was
[34:54.040 --> 35:03.160] meeting. Now I was relatively certain that the grand jury already had a full itinerary
[35:04.360 --> 35:11.720] of cases but since I had sealed all my complaints in an envelope and addressed it to the grand jury
[35:11.720 --> 35:19.480] if the prosecutor was careful he didn't open it even if he did he would probably try to reseal the
[35:19.480 --> 35:26.840] wax because once he opened it he would see criminal charges against himself and realize I set him up
[35:26.840 --> 35:32.360] for that and he would give that to the grand jury but they wouldn't hear it this day because they
[35:32.360 --> 35:40.440] just got it this day. But just in case I was there in case they wanted to ask me some call me in
[35:40.440 --> 35:51.720] as a witness and ask me questions and while I'm there I wanted to educate James on the
[35:51.720 --> 35:56.600] finer points of complaints against public officials and I was concerned that he might
[35:56.600 --> 36:04.520] be careless because he has a he has had a tendency of being somewhat self-righteous
[36:04.520 --> 36:16.360] and careless. So I asked the clerks in the district attorney's office to get me in front
[36:16.360 --> 36:26.280] let me talk to an ADA assistant district attorney and one named Pat and I thought that was a guy
[36:26.280 --> 36:32.760] I had talked to earlier but turns out it wasn't. So this guy Pat came out and we were waiting in
[36:32.760 --> 36:41.000] the jury room the the pettit jury room to have a room there for pettit jurors in case the grand
[36:41.000 --> 36:46.840] jury wanted to call me. I met a clinic was there with me and this lawyer came out and I went out
[36:46.840 --> 36:53.480] in the hall and talked to him and boy this guy had one big time attitude. I got the impression
[36:53.480 --> 37:01.400] that he was accustomed to dealing with young kids being charged with drug offenses and you know
[37:01.400 --> 37:10.120] minor stuff and he was very accustomed to bullying them into taking a deal. Well he asked me what
[37:10.120 --> 37:14.200] he could do for me and I said well I just filed some criminal complaints against some public
[37:14.200 --> 37:22.760] officials and I wanted to give the prosecutor a heads up and he just went off. You can't just
[37:22.760 --> 37:29.320] come down here and file criminal charges just anytime you want to. And I was using something I call
[37:29.320 --> 37:35.560] the rubber ball theory. It's a special technique for dealing with that kind of behavior and I said
[37:36.440 --> 37:43.320] yeah I can and I just seen him over the edge. This guy is used to dealing with people over
[37:43.320 --> 37:55.080] which he has leverage and used to pushing him around and bullying them but this wasn't the
[37:55.080 --> 38:01.800] high school parking lot and I wasn't one of the local high school kids. I was a grown up
[38:02.760 --> 38:09.640] and I was not impressed with his big mouth and bad attitude. So he kept trying to get me to
[38:09.640 --> 38:15.800] argue with him and I kept deflected him. Finally the bailiff came over because he was getting
[38:15.800 --> 38:20.440] pretty loud and I'm telling him calm down. You need to get under control and that just
[38:20.440 --> 38:27.320] freaked him out even more and the bailiff came over and said what is going on here and I said man
[38:27.320 --> 38:34.040] this guy is pretty freaked out here. You need to calm him down and I just made him worse and I did
[38:34.040 --> 38:40.840] that on purpose and I told him you know look I was just trying to give you a heads up because
[38:41.480 --> 38:46.760] I didn't want to bushwhack James on his since he's new in office. I didn't want to make any
[38:46.760 --> 38:53.960] mistakes but that's okay if you don't want it then I'll let him handle it himself. I'm done with you
[38:53.960 --> 39:00.040] you can go. Oh that really put him over the edge and he just the bailiff had to calm him down
[39:00.680 --> 39:06.600] and I told the bailiff I'll be in here if you need me and I went inside of them and this
[39:07.160 --> 39:13.320] prosecutor told him I don't want this man sitting in this courthouse. I want him out of here and
[39:13.320 --> 39:21.800] the bailiff said now this is Dick Woods. This was one of the bailiffs that arrested me in the
[39:21.800 --> 39:28.600] district attorney's office and they know I'm coming after them. I'm about to file a really large lawsuit
[39:28.600 --> 39:36.280] against him so and he's the guy that broke my elbow about 15 years ago and when he did I didn't go
[39:36.280 --> 39:44.680] after him so he kind of knew I was the real deal and that I was not going away and since I had
[39:44.680 --> 39:50.360] filed first degree felony aggravated assault charges against the previous district attorney
[39:50.360 --> 39:58.440] he knew I was not impressed with public officials. So Mary Krenick was there she calls her to the
[39:58.440 --> 40:10.040] Chopery River and she had come up from Austin to see me and she said that the prosecutor told the
[40:10.040 --> 40:17.320] bailiff that he didn't want me in the building and he said she said the the bailiff just kind of
[40:17.320 --> 40:24.680] hunched his shoulder and said he's not going anywhere and I got the impression that the bailiff
[40:24.680 --> 40:33.560] was annoyed at this prosecutor trying to push him around because he was not subject to the prosecutor
[40:34.360 --> 40:38.200] and then he finally sent the prosecutor back and sent him back into his office.
[40:40.040 --> 40:47.080] So today I filed a bar agreement against him accused him of retaliation.
[40:48.840 --> 40:54.280] Now I suspect that he didn't really know anything about the criminal charges I had filed against
[40:54.280 --> 41:08.120] his boss. His problem not my problem. Let him explain to his boss when his boss gets a notice of
[41:08.120 --> 41:15.400] the bar grievance I filed against him I haven't filed one against James yet I may depending on how
[41:15.400 --> 41:26.520] he conducts himself I wanted to go through that because it's a demonstration of how powerful a
[41:27.240 --> 41:31.320] ordinary citizen is when they come before public officials
[41:33.640 --> 41:40.120] and then we don't answer to them they answer to us especially prosecutors prosecutors
[41:40.120 --> 41:47.080] they're always dealing with people accused of crime and when they deal with people who are not
[41:47.080 --> 41:53.960] accused of crime they have no idea how to conduct themselves. So if you're out there and you have
[41:53.960 --> 42:01.320] someone who has been in the criminal justice system and you have reason to believe they have been
[42:01.320 --> 42:10.120] mistreated by the criminal justice system you have extreme power to go down and intervene.
[42:11.880 --> 42:17.640] You have the power and you have the authority to intervene and you can be a great influence.
[42:18.680 --> 42:26.600] Okay that's enough of my story I hope you found it interesting if not now it's time to wake up
[42:26.600 --> 42:31.640] and we're going to start going to our college we're going to hold a full board of callers
[42:31.640 --> 42:36.840] we're going to start with Brett and Alabama hello Brett what do you have for us today?
[42:38.280 --> 42:44.600] Hello Randy hey Randy I'm wondering I talked to my bail bondsman today and he's pretty up with
[42:44.600 --> 42:50.760] the court stuff and everything and he said in Alabama they can stop you just to check to see
[42:50.760 --> 43:01.240] if you have any drivers like does that sound right? No it does not sound right absolutely not.
[43:02.920 --> 43:12.440] Vanish they know what is done but they don't know what the law is a policeman cannot
[43:13.320 --> 43:20.040] stop you unless he has reasonable probable cause to believe that a crime has been committed
[43:20.040 --> 43:28.760] and that you have committed that crime and that he it was committed in his sight and in within his
[43:28.760 --> 43:37.080] sight or hearing and that he has authority to enforce the law that he has reason to believe
[43:37.080 --> 43:47.320] you violated. The reason I said that last part is the vast majority of the context people have
[43:47.320 --> 43:54.280] with police are going to be talked about on the other side because we're about to go to our sponsors
[43:54.280 --> 44:02.440] Randy Tellton Brett Fountain Wheel Law Radio we'll be right back. Through advances in technology
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[46:25.080 --> 46:38.680] always
[46:40.520 --> 46:46.600] okay we are back when the kelton brett fountain rules live radio we're talking to brett in alabama
[46:46.600 --> 46:56.360] okay brett what is your circumstance and situation okay randy uh i'll tell you i was actually stopped
[46:56.360 --> 47:04.520] in the daytime for my led light strips that i had on my grill of my truck okay hold on hold on
[47:04.520 --> 47:16.440] it daytime that is a legal term term of art when is sundown in alabama
[47:19.560 --> 47:25.160] well of course it changes through the season but um this was at seven o'clock in the a m in the
[47:25.160 --> 47:32.920] morning i was heading to work and the sun rose like i think it was like 6 30 i think it was up
[47:32.920 --> 47:41.560] okay okay it will be in law when sun when it is considered to be sun up and when it's considered
[47:41.560 --> 47:47.880] to be sundown so if you were after sun up lights weren't required
[47:50.120 --> 47:55.480] even if it's totally clouded over and it's it's dark and you can't see anything
[47:55.480 --> 48:02.520] it's still so after sundown so make make sure you check that okay go ahead
[48:03.880 --> 48:07.080] so he was saying that the lights were on and that was a problem right
[48:08.360 --> 48:13.800] correct but there are light strips they aren't a light bar you know a light bar projected beam
[48:13.800 --> 48:18.920] of light like your flashlight your headlights my light strips do not project a beam of light at all
[48:18.920 --> 48:28.360] so they're just for observation so like okay so you're you're saying that you were at a time of
[48:28.360 --> 48:38.520] day when a projected beam was not required correct did you argue that in the court
[48:38.520 --> 48:48.520] yes oh yeah they were really good in the court but the officers put them down at the light bars
[48:48.760 --> 48:58.680] okay okay okay we'll get to that so uh you noticed the court that it was after daylight
[49:01.080 --> 49:07.640] uh yes they knew it was in daylight and there's two police officers finally that arrested me
[49:07.640 --> 49:11.800] and when they were loading my truck up on the flatbed both these officers were in front of my
[49:11.800 --> 49:16.920] truck looking at it and at the time I was the security officer on the weekend so I actually was
[49:16.920 --> 49:22.760] in my security truck I had security signs all over my window and my hood my doors my tailgate
[49:24.280 --> 49:27.880] anyways when they were loading on the flatbed the two officers were in front of my truck and the one
[49:27.880 --> 49:32.200] officer said to the other officer well he looked up and seen my security so I wonder if he's a
[49:32.200 --> 49:38.120] security guard someplace and the officer arrested me said I don't know but my lights were on I got
[49:38.120 --> 49:44.200] stopped for that time so I got the second officer on the stand and asked me I said did you think my
[49:44.200 --> 49:49.160] lights were extremely bright he said I didn't even notice him I said you were looking at my truck
[49:49.160 --> 49:54.040] the show was right on the body camera you were looking at my truck and you said I wonder if he's
[49:54.040 --> 49:59.480] a security guard someplace and the other officer said I don't know he said well he said I didn't
[49:59.480 --> 50:09.320] even notice your lights I said what how was that relevant well I'm thinking in my opinion if he's
[50:09.320 --> 50:15.480] trained to detect stuff that's not legal on the roads and stuff you'd think that were caught as I
[50:18.200 --> 50:22.200] because that's what they're that's where I've stopped for because they're extremely right is
[50:22.200 --> 50:29.160] what that was specifically what he was complaining about yes that's where I've stopped was for these
[50:29.160 --> 50:36.680] lights when you stop because the lights were too bright or not bright enough that too bright
[50:39.640 --> 50:44.040] and everybody looks at him can't believe I would even be stopping my attorney said there's nothing
[50:44.040 --> 50:51.160] wrong with him like okay you asked me in court were they too bright and he couldn't remember
[50:51.160 --> 51:00.520] even noticing the lights that's amazing yeah that's what I thought okay how long ago did you get a
[51:00.520 --> 51:08.120] final determination in the case well I was actually sentenced to jail what was that January
[51:08.120 --> 51:17.080] February the second I believe it was oh my yeah they sent me to jail for a year and a half over
[51:17.080 --> 51:25.880] all but did did you file a notice of appeal yes sir actually my bail bondsman did it for me
[51:25.880 --> 51:29.800] because I didn't I went in there were no attorney and he said that's what made him so mad was that I
[51:29.800 --> 51:34.440] went in without an attorney so he says that's why they gave me a year and a half in jail over this
[51:34.440 --> 51:45.000] stuff so okay okay something's missing here simply having lights that may or may not have been too
[51:45.000 --> 51:53.320] bright how do we get to a year and a half in jail okay like cruel and unusual punishment
[51:53.320 --> 51:59.400] unless there's something else going on yes I'll tell you a quick version what happened he would he
[51:59.400 --> 52:02.920] turned his lights on behind me and I pulled in a grocery store parking lot right in the parking
[52:02.920 --> 52:08.120] space figured whatever he's after they can't impound my truck or anything and when he approached my
[52:08.120 --> 52:13.960] window I asked him first thing I said officer what is your emergency and he said there is no
[52:13.960 --> 52:18.760] emergency he said however you have a light violation I said well what kind of light
[52:18.760 --> 52:23.720] violation what light violation you know it's daylight I'm thinking he says well he says you
[52:23.720 --> 52:28.040] give me a driver's license and we'll go into further detail about the light violation and I
[52:28.040 --> 52:34.040] said officer I said let's act committed a crime or violated a law I don't have to provide you
[52:34.040 --> 52:39.000] with identification and he said if you don't give me your your driver's license I'm gonna arrest you
[52:39.000 --> 52:45.240] so and it went on for about almost five minutes before he had me a hand dust but
[52:45.240 --> 52:49.080] eventually he said uh I'm gonna charge you for interfering with government operations he said
[52:49.080 --> 52:53.880] get out of the vehicle and he reached in and I told him I reserve my right I said look I'm not
[52:53.880 --> 52:58.920] in commerce I'm not no commercial activity whatsoever I'm in my private capacity I said
[52:58.920 --> 53:04.040] don't consent to nothing you'd have to offer for me he said get out of your vehicle you're under
[53:04.040 --> 53:12.520] arrest and we're going to operate him okay what authority does a police officer in Alabama
[53:13.160 --> 53:18.280] have to enforce the commercial transportation code
[53:21.080 --> 53:27.480] right and it was a state please no no that was a question you should know the answer to that one
[53:27.480 --> 53:33.720] uh I'm not sure what what that question is referring to
[53:35.080 --> 53:45.560] how did the peace officer get authority to enforce the commercial transportation code
[53:47.560 --> 53:52.360] it's uh I'm not for sure how they would get the authority for that Randy
[53:52.360 --> 54:00.040] you need to know that this goes to subject matter jurisdiction a peace officer may not
[54:02.200 --> 54:09.560] stop you uh for a traffic violation unless he has authority to enforce
[54:10.280 --> 54:16.760] the commercial transportation code and then when he does stop you for violating a
[54:16.760 --> 54:27.640] uh element of the commercial transportation code he must be able to show and the the
[54:27.640 --> 54:36.760] complaint itself must state that you fell within the statutory scheme and I'm not as
[54:38.200 --> 54:45.800] familiar with Alabama as Texas and other states but well I I just found it in Alabama
[54:45.800 --> 54:54.600] okay go ahead Brett well it's under the title 32 they call it motor vehicles and traffic
[54:55.640 --> 55:03.480] have the Alabama code and they've got chapter five which is Randy's sort of like the uh
[55:03.480 --> 55:09.960] subtitle b subtitle cd it's this looks like chapter five is our subtitle c because I've
[55:09.960 --> 55:19.080] got in here different articles about the operation of the vehicles the the equipment on their lights
[55:19.080 --> 55:34.280] and sign signage uh so forth on the signals and markings um here we have section 32-5-310
[55:34.280 --> 55:43.320] labor I think we're stepping a step ahead what you're speaking to presupposes that
[55:44.280 --> 55:52.120] the transportation code actually applies to this individual and and at this point where
[55:52.120 --> 56:03.080] I was going to is how did the a what officer who made the stop determine that the accused
[56:03.080 --> 56:08.600] fell within the statutory scheme right that's the other side of this question
[56:09.640 --> 56:16.360] talking about does how does he get the authority to enforce that and that question is here in
[56:16.920 --> 56:24.520] section 32-5-310 it says any peace officer including state troopers shares their deputies
[56:24.520 --> 56:28.360] blah blah blah police officers it goes on and on and on talking about all kinds of different
[56:28.360 --> 56:35.080] officers but it started out saying any peace officer and to enforce the provisions of this
[56:35.080 --> 56:42.440] chapter so this chapter is chapter five anything in there that's all about the signals and signs
[56:42.440 --> 56:51.000] and markings and the lights and that stuff is all in uh chapter five for any peace officer
[56:51.000 --> 56:56.840] in the state of Alabama it says to enforce the provisions and to make arrests for any violation
[56:56.840 --> 57:02.760] or violations thereof without warrant if the offense be committed in his or her presence
[57:04.120 --> 57:11.800] so it does also have in here just like our 1406 says if the arrest be made without warrant
[57:11.800 --> 57:16.920] the accused may elect to be immediately taken before the nearest court having jurisdiction
[57:16.920 --> 57:20.760] where upon it shall be the duty of the officer to so take him or her
[57:20.760 --> 57:29.240] so waiting wait a minute go straight to a preliminary as well wait wait it said may elect
[57:30.280 --> 57:36.840] yeah the accused gets to say hey take me to a magistrate now that does not comport with
[57:36.840 --> 57:52.280] uh ghosting pew it seems as though the state of Alabama is attempting to make the requirement
[57:52.280 --> 58:02.760] to take an arrested person before the nearest magistrate uh as if it has to wait on them to
[58:02.760 --> 58:09.480] elect it yes that's interesting i hadn't i hadn't read it that way but yeah i can see how they could
[58:09.480 --> 58:17.480] squirrel out of it that's good ghosting pew doesn't give the option of waiting that particular
[58:17.480 --> 58:26.840] provision it says due process statutory requirement okay that is a good argument you can bring Brett
[58:26.840 --> 58:40.680] Brett the state of Alabama has a statute that appears to violate the federal requirement
[58:40.680 --> 58:46.200] that a person arrested for any reason is to be taken before the nearest magistrate
[58:47.400 --> 58:53.000] there's nothing in the federal law would you like to make more definite progress in your
[58:53.000 --> 58:59.640] walk with God bibles for america is offering a free study bible and a set of free christian books
[58:59.640 --> 59:04.520] that can really help the new testament recovery version is one of the most comprehensive study
[59:04.520 --> 59:10.040] bibles available today it's an accurate translation and it contains thousands of footnotes that will
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[59:16.040 --> 59:21.480] basic elements of the christian life chapter by chapter basic elements of the christian life
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[59:28.360 --> 59:35.000] your free new testament recovery version and basic elements of the christian life call bibles for
[59:35.000 --> 59:42.040] america toll free at eight eight eight five five one zero one zero two that's eight eight eight
[59:42.040 --> 59:52.440] five five one zero one zero two or visit us online at bfa.org live free speech radio
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[01:00:00.520 --> 01:00:04.360] to following these flashes brought to you by the lone star lowdown
[01:00:04.360 --> 01:00:12.360] markets for monday the 22 of july 2019 open with precious metals gold at $1429
[01:00:12.360 --> 01:00:20.760] an ounce silver $16.45 an ounce copper $2.75 an ounce oil texas crude $55.63 a barrel
[01:00:20.760 --> 01:00:29.080] brand crude $62.47 a barrel and cryptos in order of market cap bitcoin core $10,566.52
[01:00:29.080 --> 01:00:41.400] ethereum $227.26 xrp ripple $0.33 light coin $100.31 and bitcoin cash is at $324.10 a crypto coin
[01:00:45.880 --> 01:00:52.360] today in history the year 1916 the preparedness day bombing a time suitcase bomb was detonated
[01:00:52.360 --> 01:00:58.200] on market street in san francisco during the world war one preparedness day parade killing 10 and
[01:00:58.200 --> 01:01:07.400] entering 40 today in history and recent news since governor greg abbott signed house bill
[01:01:07.400 --> 01:01:13.080] 1325 legalizing happen to texas law back in june county prosecutors around the state including
[01:01:13.080 --> 01:01:17.720] houston austin sandtonium have been dropping marijuana possession charges and even refusing
[01:01:17.720 --> 01:01:22.680] to file new ones since they are stipulating that they do not have the time or the laboratory equipment
[01:01:22.680 --> 01:01:28.040] to test the earth for thc margaret moore the travis county district attorney announced earlier this
[01:01:28.040 --> 01:01:32.920] month that she was dismissing 32 felony possession and delivery of marijuana cases because of the
[01:01:32.920 --> 01:01:37.800] law mr abbott and other state officials including the attorney general stipulated in a letter that
[01:01:37.800 --> 01:01:42.760] county district attorneys back on thursday that marijuana has not been decriminalized in texas
[01:01:42.760 --> 01:01:49.560] and that these actions demonstrate a misunderstanding of how hb 1325 works as well as other cities too
[01:01:49.560 --> 01:01:56.360] like the district attorney in el paso kima asparza a democrat who also stated earlier this month that
[01:01:56.360 --> 01:02:02.200] the law quote will not have an effect on the prosecution of marijuana cases in el paso however
[01:02:02.200 --> 01:02:07.160] the issue was succinctly summarized by mr brandon ball and assistant public defender in harris
[01:02:07.160 --> 01:02:11.880] county who stated that quote the law is constantly changing on what makes something illegal based
[01:02:11.880 --> 01:02:16.440] on its chemical makeup it's important that if someone is charged with something the test
[01:02:16.440 --> 01:02:25.400] matches what they're charged with a paper by tulane university identified a five and a half
[01:02:25.400 --> 01:02:31.000] inch american pocket shark as the first of its kind in the gulf of mexico the specimen being
[01:02:31.000 --> 01:02:36.120] only the second pocket shark ever captured or recorded with the other one being found way
[01:02:36.120 --> 01:02:41.720] back in 1979 in the east pacific ocean according to the university paper the shark secretes a
[01:02:41.720 --> 01:02:48.840] luma's fluid from a gland near its front fins for the purposes hypothesized to lure and pray
[01:02:48.840 --> 01:02:57.960] who may be drawn into the glow this is work roadie with a lowdown for july 22nd 2019
[01:02:57.960 --> 01:03:08.360] yes all according to the well i'll be on my
[01:03:11.960 --> 01:03:16.760] i read his book and it says he cares not for the others by me
[01:03:16.760 --> 01:03:30.920] okay we are back brandy kelton brett fountain rule of law radio and we're talking to brett
[01:03:30.920 --> 01:03:42.280] and alabama and brett that we just had an issue come up that the alabama law says that if you
[01:03:42.280 --> 01:03:49.880] request it you must be taken to magistrate well that's not what gerstein pew says
[01:03:50.920 --> 01:03:57.720] gerstein pew is a case out of forda and it's pretty well a seminal case on the right to a
[01:03:57.720 --> 01:04:05.080] preliminary hearing in texas they call it an examining trial but in most states they call it a
[01:04:05.080 --> 01:04:16.680] preliminary hearing and alabama is trying to say that you only have a right to that if you request
[01:04:16.680 --> 01:04:24.360] it and and that has been argued in texas and i've challenged that well there's also another part to
[01:04:24.360 --> 01:04:32.600] that in alabama here alabama's code it talks to both of those options whether he elects to go
[01:04:32.600 --> 01:04:39.800] or not go and so it says the accused may elect to be immediately taken and it'll be the duty of
[01:04:39.800 --> 01:04:46.200] the offers that are taken if the accused elects not to be taken then it shall be the duty of the
[01:04:46.200 --> 01:04:51.640] officer to require of the accused a bail bond in a sum not to exceed three hundred dollars
[01:04:52.680 --> 01:04:58.120] conditions that the accused binds himself or herself to appear in the nearest court having
[01:04:58.120 --> 01:05:04.680] jurisdiction at the time fixed in the bond okay hold on hold on hold on what is the context of
[01:05:04.680 --> 01:05:14.280] this that can't be a class a or felony or class a misdemeanor felony no correct this is only for
[01:05:14.280 --> 01:05:20.280] that chapter five which is talking about operation vehicles did you turn your turn signal on the
[01:05:20.280 --> 01:05:25.720] speed limits did you park backwards on the side of the you know on the left side and so the right
[01:05:25.720 --> 01:05:34.280] side has you know the equipment so essentially these would be class c misdemeanors right okay
[01:05:34.280 --> 01:05:37.320] like this yeah i don't know what they call them in alabama but yeah
[01:05:39.800 --> 01:05:45.640] yeah right away they will be an offense punishable by fine only and not imprisonment
[01:05:45.640 --> 01:05:56.600] and you got so that's more reasonable if you have an offense punishable by imprisonment
[01:05:57.880 --> 01:06:07.800] then the requirement to take before the nearest magistrate is invoked because it is the magistrate
[01:06:07.800 --> 01:06:17.320] who decides whether you go to jail or not but in the case of a charge that does not involve
[01:06:17.320 --> 01:06:25.560] imprisonment it's more reasonable to have some options i'm trying to make sure we distinguish
[01:06:25.560 --> 01:06:34.520] you against that between that so we don't generalize that a you being arrested for a felony or a
[01:06:34.520 --> 01:06:45.960] class a b or c misdemeanor that the officer can't ignore the magistrate unless you demand it and 99
[01:06:45.960 --> 01:06:53.080] percent of the people don't know to demand it mm-hmm yeah i knew to demand it but i did not do it
[01:06:53.080 --> 01:06:59.000] because i just had someone's going to my hand it slipped right out of my mind okay don't don't be
[01:06:59.000 --> 01:07:05.880] upset about that it's normal yeah it's normal this is complex you got too much stuff going on
[01:07:05.880 --> 01:07:13.960] we can always do that later but but the fact that the statute indicates that you have to
[01:07:13.960 --> 01:07:27.400] demand it is problematic and that is is gris for the meal where the legislature tries to say that
[01:07:27.400 --> 01:07:38.040] your rights only apply if you demand your rights now i have a law that says that it is a crime
[01:07:38.040 --> 01:07:46.120] to murder someone so is it only a crime to murder someone if the person being murdered objects to
[01:07:46.120 --> 01:07:57.960] it you know you don't have a do you have rights but you only have rights if you demand them
[01:07:59.800 --> 01:08:06.920] this goes to due process and this is an argument i'm making in this most recent document that i
[01:08:06.920 --> 01:08:19.320] filed the law applies whether or not you invoke it or not if they know in texas they're they're
[01:08:19.320 --> 01:08:25.160] saying that an officer only has to take you to examining trial if you request it and i'm saying
[01:08:25.160 --> 01:08:31.480] wait a minute wait a minute that's not what the law says the law says that if an officer arrests
[01:08:31.480 --> 01:08:37.720] someone for any reason they are to take them directly to the nearest magistrate
[01:08:39.560 --> 01:08:46.600] that's what the law says and in every state under the federal requirements you have a
[01:08:46.600 --> 01:08:56.920] right to a reasonable expectation of the due course of the laws you have a right to expect
[01:08:56.920 --> 01:09:06.200] that your public officials will follow the law as written whether you invoke that law or not
[01:09:09.320 --> 01:09:13.400] so what they're trying to say is that you have to invoke the law
[01:09:15.320 --> 01:09:22.600] and i'm saying no no no this is due process the courts in texas have said well you don't have
[01:09:22.600 --> 01:09:32.120] a right to an examining trial in this manner i say okay i'll buy that you don't have a right
[01:09:32.120 --> 01:09:39.800] to an examining trial at all there's nothing in law that gives you a right to an examining trial
[01:09:41.160 --> 01:09:48.040] there's also nothing in law that gives you a right to be arrested to be pulled over by a policeman
[01:09:48.040 --> 01:09:54.520] to be ticketed to be charged all these sums that you have to pay or to be thrown in prison
[01:09:56.360 --> 01:09:58.200] that's a matter of due process
[01:10:00.680 --> 01:10:08.760] and due process is something you have a right to so if the law commands this officer to do
[01:10:08.760 --> 01:10:19.000] something you don't have to invoke that law for that command to be valid am i making sense brett
[01:10:20.040 --> 01:10:26.680] yes yes sir and you sure are and and if brett wanted to look up the charge for my life he quoted
[01:10:26.680 --> 01:10:34.600] me he wrote down the citation was 32-5-241 which is auxiliary driving lamps and they
[01:10:34.600 --> 01:10:41.160] kind of look at that one yeah and and i didn't have to say anything about brightness it said
[01:10:41.160 --> 01:10:44.840] something about the inches off the pavement they had to be a certain height
[01:10:48.120 --> 01:10:57.560] i was in florida many years ago and a friend of mine had a 57 Chevy and we were near an
[01:10:57.560 --> 01:11:07.480] airbase and he had come across two landing lights from jet aircraft and mounted them as fog lights
[01:11:08.040 --> 01:11:17.800] on his 57 shaker and they were right near the ground and we pulled out behind the highway
[01:11:17.800 --> 01:11:25.800] patrol officer in traffic and it was pretty foggy out so he had them on and i said uh harry
[01:11:25.800 --> 01:11:31.880] harry you might want to turn those lights off he said why we looked at the highway patrol's car
[01:11:32.440 --> 01:11:40.760] and smoke is coming up off of his back of his car and the decals on the back of his car are wrinkling
[01:11:43.080 --> 01:11:51.720] whoa the dps guy gets out and walks back there takes out his pistol and broke both of the lights
[01:11:51.720 --> 01:11:56.440] got in his car and left
[01:11:59.000 --> 01:12:07.320] point is if it doesn't say anything about brightness of of auxiliary lights
[01:12:09.320 --> 01:12:15.400] what are they complaining about right and he put down there actually light bars and they are
[01:12:15.400 --> 01:12:20.600] not light bars have like cups behind them that projects the beam out of them and these do not
[01:12:20.600 --> 01:12:25.880] project the beam at all they're actually flexible strips you can bend them up like a pretzel even
[01:12:25.880 --> 01:12:31.000] if you wanted to but this is different that that's kind of irrelevant at this point right because
[01:12:31.000 --> 01:12:36.920] that was what he used as probable cause and yeah he was wrong to pull you over in the first place
[01:12:36.920 --> 01:12:43.080] but then what you're on the hook for is not about the lights you're on the hook for having obstructed
[01:12:43.080 --> 01:12:49.560] a governmental operation or however he put it right he said that you how does he call it
[01:12:49.560 --> 01:12:57.880] you he charged you with yeah obstructing his racism and resisting arrest he also put also
[01:12:57.880 --> 01:13:05.480] he got me for so i looked at the obstructing governmental operations here that's in alabama
[01:13:05.480 --> 01:13:15.720] code title 13a and it says section 13a-10-2 a person commits the crime of obstructing
[01:13:15.720 --> 01:13:23.000] governmental operation if by means of intimidation physical force or interference
[01:13:24.120 --> 01:13:30.840] or by any other independently unlawful act he intentionally obstructs impairs or hinders
[01:13:30.840 --> 01:13:34.840] so then it goes on just you haven't you haven't even met those first criteria yet
[01:13:35.640 --> 01:13:41.240] you weren't intimidating him or physically using force or interference and there was no other
[01:13:41.240 --> 01:13:50.520] independently unlawful act so this is totally not applicable i'm a little uncomfortable with that
[01:13:51.960 --> 01:14:00.600] because it goes to the merits let's take a step back how do we get past the threshold
[01:14:02.280 --> 01:14:06.680] to where they would have jurisdiction to even look at the merits yeah exactly
[01:14:06.680 --> 01:14:16.280] if the light bar did not have some brightness requirement
[01:14:18.040 --> 01:14:24.440] or if a light bar is not required at all which i suspect is is the case is that correct in alabama
[01:14:25.000 --> 01:14:31.080] Brett well it wasn't even a light bar though it was a light strip it doesn't even
[01:14:31.080 --> 01:14:38.680] predict okay irrelevant irrelevant if it wasn't headlights then it's some other kind of light
[01:14:38.680 --> 01:14:48.520] are other kinds of lights required in alabama no sir they're not required are there any restrictions
[01:14:48.520 --> 01:14:58.840] on other kinds of lights that these light bars would have breached i i i read something that
[01:14:58.840 --> 01:15:07.240] said they can't be over 37,700 lumens which that's pretty bright lights that that's runway lights
[01:15:07.240 --> 01:15:21.000] or landing lights like harry had so is does the complaint allege that the light bars were somehow
[01:15:21.000 --> 01:15:33.400] in violation of state law okay okay hold on let me step back bar what i'm going to is we have a
[01:15:33.400 --> 01:15:45.160] policeman driving along in his vehicle and he observes another person what did that officer
[01:15:45.160 --> 01:15:52.520] observe that gave him probable cause to believe a crime had been committed and that you had committed
[01:15:52.520 --> 01:16:04.520] that crime right you've been in an infraction infraction a violation what probable cause to
[01:16:04.520 --> 01:16:16.120] believe did he have to believe that you had violated anything right his personal opinion no
[01:16:16.120 --> 01:16:22.840] what did he claim was was probable cause for the stop the lights being extremely bright
[01:16:22.840 --> 01:16:34.440] did he take a measurement of those lights no sir nothing i know i guess i guess the right
[01:16:34.440 --> 01:16:43.880] question i should ask is did the complaint allege that he measured the brightness of the
[01:16:43.880 --> 01:16:52.200] lights and that they exceeded the statutory limit hang on rendy kelton brett falton rule of law radio
[01:16:52.920 --> 01:16:53.800] we'll be right back
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[01:17:49.400 --> 01:17:57.640] that's rule of law radio dot com or email m i c h a e l m i r r a s at yahoo dot com to learn
[01:17:57.640 --> 01:18:03.480] how to stop debt collectors now i love logos without the shows on this network i'd be almost
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[01:18:13.880 --> 01:18:18.280] volunteer as a show producer but i'm a bit of a luddite and i really don't have any money to give
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[01:18:24.360 --> 01:18:29.560] order anything from amazon you can help logos you can order in your supplies or holiday gifts first
[01:18:29.560 --> 01:18:36.680] thing you do is clear your cookies now go to logos radio network dot com click on the amazon logo
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[01:18:55.800 --> 01:19:00.120] thank you so much we are welcome happy holidays logos
[01:19:03.320 --> 01:19:06.040] the logos the logos radio
[01:19:15.240 --> 01:19:16.840] ain't gonna blind me
[01:19:16.840 --> 01:19:22.120] hmm don't bore me
[01:19:31.560 --> 01:19:40.280] ain't gonna fool me with that same old drink again i was blindsided but now i can see your
[01:19:40.280 --> 01:19:49.640] hand you put the beer in my pocket took my money from my hand ain't gonna fool me with that same old
[01:19:49.640 --> 01:20:14.920] drink again ain't gonna fool me
[01:20:14.920 --> 01:20:29.800] okay we are back randy kelton brett fountains radio and if i sound like i'm being a little
[01:20:29.800 --> 01:20:36.120] pedantic or a little difficult i'm trying to keep us on track here let's not go down a rabbit hole
[01:20:36.120 --> 01:20:46.040] before we get to the merits i really don't care about your light strip whether it's a light bar
[01:20:46.040 --> 01:20:53.480] or whatever heck it was how bright it was how bright it wasn't what gives that officer subject
[01:20:53.480 --> 01:21:00.200] matter i'm sorry reasonable probable cause to believe that you've committed a crime
[01:21:00.200 --> 01:21:07.640] the fact is so far it doesn't say anything about right this or anything about the lights
[01:21:07.640 --> 01:21:16.200] have to be there or can't be there or nothing the hardest thing for us to do especially
[01:21:16.200 --> 01:21:22.760] when you're the one that they're pointing the finger at the hardest thing to do is to step
[01:21:22.760 --> 01:21:29.640] away and look at it from a distance i have a friend in austin the homeowners association
[01:21:29.640 --> 01:21:39.800] is trying to take his house he is paralegal but he is wholly incompetent to represent himself in
[01:21:39.800 --> 01:21:47.240] this issue because everything they say he did wrong he wants to argue no i didn't know i didn't
[01:21:47.240 --> 01:21:52.440] know i didn't so all they have to do is claim that he did things wrong that doesn't matter
[01:21:52.440 --> 01:22:02.040] and get him defending himself against things that don't matter and he doesn't see the things that
[01:22:02.040 --> 01:22:13.000] are absolutely critical and in your case Brett subject matter jurisdiction first thing how
[01:22:13.000 --> 01:22:23.160] does the policeman gain the standing to invoke the subject matter jurisdiction of the court
[01:22:24.920 --> 01:22:31.480] now granted the court will have subject matter jurisdiction generally over the subject matter
[01:22:32.280 --> 01:22:37.320] and that's the first thing the court will say why i got jurisdiction over traffic issues okay
[01:22:37.320 --> 01:22:46.600] but did the accuser have standing to invoke your subject matter jurisdiction that's the question
[01:22:47.960 --> 01:22:57.080] so Brett what standing did the did the officer have to invoke subject matter jurisdiction of the
[01:22:57.080 --> 01:23:07.960] court he got me there and he uh he he lied all on the police report he actually put the condition
[01:23:07.960 --> 01:23:12.920] of me when he pulled me over stopped me what he checked off drugs so i actually went and had
[01:23:12.920 --> 01:23:21.960] a hair follicle drug test okay hold on hold on objection relevance what what does that have to
[01:23:21.960 --> 01:23:31.880] do with the reasonable probable cause the officer had to make the original stop
[01:23:34.440 --> 01:23:41.320] here's the deal when you challenge subject matter jurisdiction it is not the prosecution
[01:23:41.320 --> 01:23:50.360] that has to prove up jurisdiction prosecution is not ordering you to do anything it is the judge
[01:23:50.360 --> 01:23:56.840] that's ordering you to appear before the court when a judge orders me to do anything
[01:23:58.040 --> 01:24:07.240] he better have evidence to show that he has authority to issue that order when you challenge
[01:24:07.240 --> 01:24:11.800] subject matter jurisdiction it is not the prosecution who has to prove up subject
[01:24:11.800 --> 01:24:17.240] matter jurisdiction because they're not ordered you to do anything it's the person who's ordering
[01:24:17.240 --> 01:24:23.160] you to do something that has to prove that he has the authority to do that because if he doesn't
[01:24:24.360 --> 01:24:28.920] then he's exerting or purporting to exert an authority he does not expressly have
[01:24:28.920 --> 01:24:37.640] and that's a crime in every state so never ever let them drag you into the merits
[01:24:37.640 --> 01:24:46.760] until we've gotten past subject matter jurisdiction reasonable probable cause
[01:24:49.400 --> 01:24:57.160] so did he stop you for not having a bright red fluorescent decal on your windshield
[01:24:57.160 --> 01:25:09.640] no same thing sure did he stop you for having a bright red reflective decal on your windshield
[01:25:11.240 --> 01:25:14.760] no is there anything that says you must have one
[01:25:16.760 --> 01:25:20.040] no is there any is there anything that says you can't have one
[01:25:20.040 --> 01:25:25.960] no is there anything that says you have to have a light bar
[01:25:28.840 --> 01:25:34.760] no is there anything restricting what you can have as a light bar
[01:25:38.280 --> 01:25:45.000] um that I read someplace if it's over 37,700 lumens all I could come up with
[01:25:45.000 --> 01:25:51.880] it did the accusation did the complaint alleged that you had a light bar that projected light
[01:25:51.880 --> 01:26:00.120] over 37,000 lumens no the judge has no subject matter jurisdiction to even talk to you
[01:26:01.400 --> 01:26:06.280] yeah and I file criminal charge file criminal charges against the judge for exerting or purporting
[01:26:06.280 --> 01:26:12.680] to exert an authority does not expressly have we have a really cool case in texas
[01:26:12.680 --> 01:26:18.920] is that you should do an alabama search for packer v walker
[01:26:21.160 --> 01:26:29.800] and then do packer v walker and then space alabama and what what that will help you do
[01:26:29.800 --> 01:26:37.480] is find a alabama case that cites packer v walker what packer v walker v packer
[01:26:37.480 --> 01:26:45.720] I always get that backwards okay walker walker v packer okay a walker v packer it says
[01:26:46.280 --> 01:26:56.600] a judge has no discretion in properly applying the law to the facts a failure to do so is an
[01:26:56.600 --> 01:27:03.720] abuse of discretion an abuse of discretion by a public official that has the effect
[01:27:03.720 --> 01:27:09.720] of denying a citizen full and free access to her enjoyment right that's a crime in every state
[01:27:12.120 --> 01:27:20.600] so if the judge cannot show that he had reasonable probable cause presented to him
[01:27:22.440 --> 01:27:28.760] that would give a reasonable reasonable person of ordinary prudence caused to believe that a
[01:27:28.760 --> 01:27:35.560] crime had been committed and you had committed that crime then he has exerted or purported to
[01:27:35.560 --> 01:27:40.280] exert an authority he does not expressly have and that's a crime in every state
[01:27:42.440 --> 01:27:44.360] and that's a criminal judge at work criminally
[01:27:46.680 --> 01:27:50.520] and it would be a file the criminal complaint with this the police department
[01:27:50.520 --> 01:28:01.000] no in every state i've looked at all criminal complaints are directed to some magistrate
[01:28:02.520 --> 01:28:08.600] well all judges are magistrates and mayors are magistrates
[01:28:10.040 --> 01:28:16.840] so what this does is opens the door for you to create a little politics
[01:28:16.840 --> 01:28:25.720] and we say on the show you can never expect to win your case simply because you have the law
[01:28:25.720 --> 01:28:36.440] and the facts on your side to think so is naive it is not that way now never has been that way
[01:28:36.440 --> 01:28:43.400] so long as we have had human beings as judges you can expect to win your case if you have the
[01:28:43.400 --> 01:28:52.760] politics on your side and all politics is local now on the surface that sounds horrible
[01:28:54.360 --> 01:29:00.360] but it's only a problem if you don't understand that it's all politics
[01:29:01.560 --> 01:29:04.360] once you understand that it's all politics
[01:29:04.360 --> 01:29:13.560] then you realize you are the most politically powerful person in the jurisdiction
[01:29:15.240 --> 01:29:19.960] and the only reason you're the most politically powerful person in the jurisdiction
[01:29:20.600 --> 01:29:29.960] is that you are a citizen in a republic this is not a democracy it is a republic
[01:29:29.960 --> 01:29:39.160] it is a democratic republic but first it's a republic and then a republic in a democracy
[01:29:39.160 --> 01:29:47.160] all power flows from the people as a group in republic all power flows from the individual
[01:29:47.160 --> 01:30:01.880] citizen you are that individual citizen hang on we'll be right back this is an important issue
[01:30:01.880 --> 01:30:07.720] sorry soft drink lovers even diet drinks can make you fat a new study shows the diet soda
[01:30:07.720 --> 01:30:12.440] drinkers gain much more weight than people who avoid the stuff like Dr. Kaepfer and Albrecht
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[01:30:54.280 --> 01:30:59.480] drinkers for nearly a decade they found that regularly drinking diet soda expanded people's
[01:30:59.480 --> 01:31:05.080] waistlines five times more than no soda at all the study's authors say artificial sweeteners
[01:31:05.080 --> 01:31:10.360] triggered the appetite but unlike regular sugars don't deliver anything to squelch it waking up
[01:31:10.360 --> 01:31:16.040] hunger without satisfying it leads to cravings which can result in a larger overall calorie intake
[01:31:16.040 --> 01:31:20.840] so use natural sweeteners to maintain a healthy weight and if you need to shed some pounds avoid
[01:31:20.840 --> 01:31:26.200] the sweet stuff all together and drink water instead. I'm Dr. Kaepfer and Albrecht more news
[01:31:26.200 --> 01:31:34.280] and information at Kaepfer and Albrecht.com this is building seven a 47 story skyscraper that fell
[01:31:34.280 --> 01:31:39.480] on the afternoon of september 11 the government says that fire brought it down however 1500
[01:31:39.480 --> 01:31:44.600] architects and engineers have concluded it was a controlled demolition over 6000 my fellow service
[01:31:44.600 --> 01:31:48.920] members have given their lives and thousands of my fellow first responders are flying i'm not a
[01:31:48.920 --> 01:31:52.680] conspiracy theorist i'm a structural engineer i'm a new york city correction officer i'm an
[01:31:52.680 --> 01:31:58.120] air force pilot i'm a father who lost his son we're americans and we deserve the truth go to
[01:31:58.120 --> 01:32:05.160] rememberbuilding7.org today rule of law radio is proud to offer the rule of law traffic similar
[01:32:05.160 --> 01:32:08.920] in today's america we live in an us against them society and if we the people are ever going to
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[01:32:13.160 --> 01:32:16.680] rights are the right to travel freely from place to place the right to act in our own private
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[01:33:03.800 --> 01:33:07.800] you found it logos radio network dot com
[01:33:07.800 --> 01:33:34.200] okay we are back when kelton brett found rule of law radio and we're talking on the break
[01:33:34.200 --> 01:33:42.680] and brett was talking about what he's seeing in alabama code and i'm always struck with the
[01:33:42.680 --> 01:33:50.120] differences in the different states but when i look at them they all seem to make sense in texas
[01:33:50.840 --> 01:33:57.800] all judges are magistrates court of criminal appeals supreme court appellate court everybody
[01:33:57.800 --> 01:34:05.000] but not so in alabama uh you were speaking that on the on the break brett were you
[01:34:06.520 --> 01:34:14.440] relate your impression of what you saw there sure yeah well a couple of things one thing is that
[01:34:15.320 --> 01:34:20.520] alabama uh when i compare to my understanding of texas texas says
[01:34:20.520 --> 01:34:28.200] um that they that these complaints are to be made to a magistrate and then you have to go over
[01:34:28.200 --> 01:34:33.640] here in this other place and read about who are magistrates and against the list in alabama
[01:34:33.640 --> 01:34:39.640] they plug that list right into the part about a complaint being made and it says it's just it
[01:34:39.640 --> 01:34:46.200] reads straightforward in one sentence whenever complaint is made to a judge of a circuit district
[01:34:46.200 --> 01:34:52.920] or municipal court so there they are that's who you take your complaint to when the complaint
[01:34:52.920 --> 01:34:58.120] is made that any person blah blah offense person or property the judge must examine the complainant
[01:34:58.120 --> 01:35:04.120] goes on and says what he's supposed to do um examined any witness he may produce on oath
[01:35:04.120 --> 01:35:09.000] reduce the examination to writing so it goes on but this is who you're taking it to the judge of
[01:35:09.000 --> 01:35:17.560] a circuit a district or municipal court and i noticed something about alabama i like it so far
[01:35:17.560 --> 01:35:23.080] i mean different states handling different ways and you find it grouped differently and and slightly
[01:35:23.080 --> 01:35:29.400] different wording um everybody's got kind of their own numbering for this but it's really easy
[01:35:29.400 --> 01:35:36.200] to find in alabama i started at the top here alabama code and just looking at the headings
[01:35:36.200 --> 01:35:40.600] it's pretty easy to follow and just kind of jump straight to the part that you need about
[01:35:41.880 --> 01:35:46.920] this criminal procedure and for the crimes themselves we're in a criminal code
[01:35:48.040 --> 01:35:54.360] it's uh it's pretty intuitive as these dry codes go
[01:35:54.360 --> 01:36:05.800] okay right now about yes yes rainy i've tried to stay focused on
[01:36:07.480 --> 01:36:15.960] the threshold issue before we get to any of the facts of the case go back to the threshold issue
[01:36:15.960 --> 01:36:26.600] create an argument concerning threshold issue from what i've seen so far the the arresting
[01:36:26.600 --> 01:36:40.120] officer has not met the threshold challenge can you do some research in alabama law as it relates
[01:36:40.120 --> 01:36:54.520] to your case strictly focused on how does the arresting officer establish the elements of the
[01:36:55.080 --> 01:37:03.560] of probable cause so that he can invoke the subject matter jurisdiction of the court
[01:37:03.560 --> 01:37:16.360] was not get caught in the merits of the claim but how does he establish the claim itself
[01:37:16.360 --> 01:37:23.880] am i making sense bram is it the claim for the light violation or the claim for the
[01:37:23.880 --> 01:37:30.600] interfering with government operations that you're the claim for authority to stop you in the first
[01:37:30.600 --> 01:37:38.120] place right alabama they don't go by no law it's really ready they're above the law they figure
[01:37:38.120 --> 01:37:46.760] so we know that's a separate issue in order to take them on first thing we have to do is get the
[01:37:46.760 --> 01:37:54.200] law down but we understand that it's not about laws about politics first you need the law in place
[01:37:54.200 --> 01:38:01.080] and then you take the law in place that's in place and you look at the politics of the circumstance
[01:38:01.800 --> 01:38:09.800] how can you use the standing law to create political pressure on the public officials involved
[01:38:11.240 --> 01:38:18.040] for instance no matter what's happened in this case you can file a challenge subject matter
[01:38:18.040 --> 01:38:28.920] jurisdiction if you analyze the probable cause to believe that the officer had
[01:38:30.520 --> 01:38:40.760] if he stopped you for a light bar okay what about a light bar can statutorily give an officer
[01:38:40.760 --> 01:38:49.560] probable cause to make a stop now we're seeing light bar and when i think light bar in alabama
[01:38:50.760 --> 01:39:01.560] i'm thinking a rack that sits up above the cab and has these lights that are incredibly bright
[01:39:03.720 --> 01:39:10.680] am i correct in that well i actually have those on my truck but they were not on i
[01:39:10.680 --> 01:39:16.840] don't use them i use them when i work security uh i work section a housing security and i did have
[01:39:16.840 --> 01:39:20.760] a light bar like that on the top of my truck i know so much the difference between a light
[01:39:20.760 --> 01:39:26.520] strip and a light bar because all light bars are illegal to run on the road in alabama
[01:39:28.920 --> 01:39:37.080] so where was the light strip mounted there was on my grill between my headlights
[01:39:37.080 --> 01:39:44.520] it's at night do you have any do you have any idea were they 12 volt yes sir
[01:39:47.160 --> 01:39:50.360] do you have any idea what the lumen output of those were
[01:39:52.040 --> 01:39:57.880] it no but it is not very much at all they're they're very dense as a matter of fact sometimes in
[01:39:57.880 --> 01:40:04.040] the sunlight when it's on them you can't hardly even tell they're on actually okay that's the
[01:40:04.040 --> 01:40:13.800] issue you need to take what gave the officer the reason to believe that a climate been committed
[01:40:13.800 --> 01:40:21.320] relative to that light bar and that you had committed it and in his police report i've got
[01:40:21.320 --> 01:40:28.600] right here in front of me he says that they were uh two separate extremely white bright led light
[01:40:28.600 --> 01:40:35.640] bars to the front of the grill to the front on the front grill illuminated says he passed a vehicle
[01:40:35.640 --> 01:40:43.000] from the rear with the bright led lamps illuminated the top led dark container objection objections
[01:40:43.000 --> 01:40:50.680] extremely bright yeah what does how you draw the line whether somebody's a criminal or not
[01:40:50.680 --> 01:40:58.760] did he measure the lumen output of the lights not to my knowledge he did and it was never
[01:40:58.760 --> 01:41:07.320] brought up in court what is the legal definition of extremely bright that's what i was thinking the
[01:41:07.320 --> 01:41:17.000] same thing that's his personal opinion i guess the law is going to define how bright a light can be
[01:41:17.000 --> 01:41:25.480] i suggest you look at constructing a challenge to subject matter jurisdiction claiming that the
[01:41:26.280 --> 01:41:39.560] original uh complaint fails to state a uh a claim against you is is insufficient to invoke
[01:41:39.560 --> 01:41:47.000] subject matter jurisdiction is of the the court as it fails to state a violation of a alabama
[01:41:47.000 --> 01:41:55.240] stature i wrote up a letter and sent into the judge himself and the clerk uh tell them i am
[01:41:55.240 --> 01:42:00.840] challenging uh jurisdiction for the record but there was no record there was no record okay
[01:42:00.840 --> 01:42:11.640] trial or uh glad you said that you can't do this with a letter you can't do this with an affidavit
[01:42:11.640 --> 01:42:19.080] you know we have people out there that uh say don't file motions file affidavits well affidavits
[01:42:19.080 --> 01:42:30.120] are meaningless they just state facts the court has no power to do anything unless you move the
[01:42:30.120 --> 01:42:40.120] court you must ask the court for what you want i had a guy in austin uh was being sued by a
[01:42:40.920 --> 01:42:46.520] credit card company and he sent me the suit and i read it and he called me he said what do you think
[01:42:46.520 --> 01:42:53.560] i said they don't have a prayer well why not i said i don't know they don't have one
[01:42:53.560 --> 01:43:00.520] they they filed the suit and told the judge what a deadbeat you were but they didn't ask the court
[01:43:00.520 --> 01:43:08.520] to do anything they didn't have a prayer that's asked the court to do something in particular
[01:43:08.520 --> 01:43:22.040] therefore the court had no power to do anything you must move the court so in your case prepare
[01:43:22.040 --> 01:43:30.920] a challenge to subject matter jurisdiction claiming that the original complaint is insufficient to
[01:43:30.920 --> 01:43:37.480] invoke the subject matter jurisdiction of the court stay away from the merits of the allegation
[01:43:38.680 --> 01:43:46.440] only focus on the reasonable probable cause the officer had to believe that a crime has been
[01:43:46.440 --> 01:43:52.840] committed hang on randy kelton brett falton rule of law radio we'll be right back
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[01:46:25.960 --> 01:46:28.280] oh
[01:46:28.280 --> 01:46:31.780] Everybody's lurking around here, come on, come on, Finn and Jerry, come on!
[01:46:31.780 --> 01:46:37.780] As we sow, so shall we reap
[01:46:37.780 --> 01:46:40.780] The words of victory shoots, but so many fruits
[01:46:40.780 --> 01:46:42.780] So where to set foot on?
[01:46:42.780 --> 01:46:47.780] Oh, I've got the mic and the car, I've got your chai and zee
[01:46:47.780 --> 01:46:51.780] I've got my steps to chai and zee
[01:46:51.780 --> 01:46:54.780] I've got my poles, I've got my poems, I've got my poems
[01:46:54.780 --> 01:46:59.280] We sow, so shall we reap
[01:46:59.280 --> 01:47:03.280] Okay, we are back, Randy Kelton, Brett Fountain, Lula Radio
[01:47:03.280 --> 01:47:05.780] And Brett, we've spent an hour and a half
[01:47:05.780 --> 01:47:10.280] I hope we have given you something to work with
[01:47:10.280 --> 01:47:23.280] You need to focus strictly on the authority of the officer to make the stop in the first instance
[01:47:23.280 --> 01:47:27.280] How would you find that out, Randy?
[01:47:27.280 --> 01:47:33.280] Well, you have to look at, light bar, light strip
[01:47:33.280 --> 01:47:38.280] The statutory requirements of that
[01:47:38.280 --> 01:47:44.280] An officer can't just charge you with something because they think you did something wrong
[01:47:44.280 --> 01:47:49.280] He has to charge you specifically under a statutory authority
[01:47:49.280 --> 01:47:57.280] And the one place to go to now is subject matter jurisdiction of the court
[01:47:57.280 --> 01:48:05.280] The officer has to show reasonable, probable cause to believe that a crime has been committed
[01:48:05.280 --> 01:48:12.280] And that you committed that crime, and he has to do so with facts in support
[01:48:12.280 --> 01:48:19.280] That meet the elements of the crime alleged
[01:48:19.280 --> 01:48:24.280] Well, unfortunately here, they just do what they want to you, they don't go by laws
[01:48:24.280 --> 01:48:31.280] I had the officer understand, I asked him if he knows how many elements are in the...
[01:48:31.280 --> 01:48:33.280] Or I asked him if he knows what a...
[01:48:33.280 --> 01:48:35.280] Ah, shoot, what is it?
[01:48:35.280 --> 01:48:43.280] I was going to blink or no, I didn't understand, I asked him if he knew what a cause of action was
[01:48:43.280 --> 01:48:45.280] And he said, no, what is it?
[01:48:45.280 --> 01:48:47.280] I said, well, I can't tell you that or ruin my next question
[01:48:47.280 --> 01:48:51.280] So I was going to ask him if he knew how many elements were in a cause of action
[01:48:51.280 --> 01:48:56.280] But he didn't know even what a cause of action is, or how many elements are in a cause of action
[01:48:56.280 --> 01:49:01.280] Okay, I have bad news for you
[01:49:01.280 --> 01:49:06.280] You're in a criminal case, cause of action doesn't apply
[01:49:06.280 --> 01:49:09.280] A cause of action applies in a civil case
[01:49:09.280 --> 01:49:19.280] But in this case, he had to know the elements of the crime he has alleged
[01:49:19.280 --> 01:49:25.280] And he has to allege each of those elements
[01:49:25.280 --> 01:49:33.280] So first thing you do is get the statute that you have been accused of having violated
[01:49:33.280 --> 01:49:36.280] Read that statute carefully
[01:49:36.280 --> 01:49:49.280] And then read the complaint by the officer and see if it alleges each element of the crime you've been alleged with having violated
[01:49:49.280 --> 01:49:59.280] If it doesn't, you challenge the subject matter jurisdiction of the court claiming that the charging instrument is insufficient on its face
[01:49:59.280 --> 01:50:12.280] The reason we want to go to subject matter jurisdiction is subject matter jurisdiction may be raised at any time no matter how remote in history
[01:50:12.280 --> 01:50:20.280] Now, are you the one that was concerned with losing your license?
[01:50:20.280 --> 01:50:27.280] No, no, Randy, I have had one here since I've been here, I've been here 14 years, I've never got a driver's license here
[01:50:27.280 --> 01:50:30.280] Okay, that's not the one I was thinking of
[01:50:30.280 --> 01:50:45.280] Okay, go to the ability of the arresting officer to show that a crime had been committed and that you had committed the crime
[01:50:45.280 --> 01:50:53.280] So that the officer has standing to invoke the subject matter jurisdiction of the court
[01:50:53.280 --> 01:50:58.280] That can be challenged at any time no matter how remote in history
[01:50:58.280 --> 01:51:07.280] Let me tell you real quick before we're done though is my attorney said since this officer thought he was stopping me for a violation
[01:51:07.280 --> 01:51:21.280] That they will probably find me guilty through a jury trial because he thought he was stopping me for a legal violation therefore I was obligated to produce him identification
[01:51:21.280 --> 01:51:27.280] There might be case law in support of that
[01:51:27.280 --> 01:51:38.280] But if there is case law in support of that, that's something that's subject to a constitutional challenge
[01:51:38.280 --> 01:51:43.280] And they do not like constitutional challenges
[01:51:43.280 --> 01:51:51.280] So if I could prove he didn't have no probable cause to stop me over the life it seemed like they'd have to throw out all the rest of it, wouldn't they?
[01:51:51.280 --> 01:51:56.280] Exactly, bingo, that's where we're going
[01:51:56.280 --> 01:52:01.280] Go to that original claim
[01:52:01.280 --> 01:52:06.280] Okay, since I've got a jury trial coming up on June the 2nd here
[01:52:06.280 --> 01:52:10.280] Okay, research that out and call us next week with your research
[01:52:10.280 --> 01:52:15.280] Email me the research first or email me and brat both
[01:52:15.280 --> 01:52:19.280] Okay, alright, I'll look you up online and get your email again, I had it
[01:52:19.280 --> 01:52:27.280] My email is randy at ruleoflawradio.com, whatever you sent to me, I will forward to brat
[01:52:27.280 --> 01:52:34.280] Okay, yeah, I appreciate you guys, I've been listening to you guys for years, I talked to Scott Richardson now and then so he entertains me
[01:52:34.280 --> 01:52:39.280] Okay, we won't hold that against you
[01:52:39.280 --> 01:52:44.280] You know that Scott Richardson is a redneck
[01:52:44.280 --> 01:52:49.280] Yeah, he's pretty funny
[01:52:49.280 --> 01:52:54.280] We don't cut him any slack
[01:52:54.280 --> 01:53:01.280] Yeah, I look forward to listening to him when he calls in on your show too
[01:53:01.280 --> 01:53:09.280] Okay, do that, research that one fine point and do not let yourself get distracted
[01:53:09.280 --> 01:53:18.280] Okay, this is a matter of discipline, the most important thing we can learn in legal research is mental discipline
[01:53:18.280 --> 01:53:29.280] Do not let ourselves get rammed down rabbit holes, first thing they have to do is establish subject matter jurisdiction
[01:53:29.280 --> 01:53:34.280] If they can't get past that, nothing else matters
[01:53:34.280 --> 01:53:41.280] Once we get the subject matter jurisdiction, if they can get by it, then we go to the next issue
[01:53:41.280 --> 01:53:44.280] Research that, call us back next week
[01:53:44.280 --> 01:53:46.280] Okay, I appreciate it guys
[01:53:46.280 --> 01:54:03.280] Okay, thank you brat, now we're going to go to Tina in California and Tina I know you have been annoying some poor, beleaguered, mistreated lawyers in California
[01:54:03.280 --> 01:54:07.280] Oh, would I do that, no way
[01:54:07.280 --> 01:54:09.280] Yes
[01:54:09.280 --> 01:54:14.280] Man, I'm so glad you would, somebody's got to
[01:54:14.280 --> 01:54:18.280] Well, it's getting rather heated
[01:54:18.280 --> 01:54:31.280] He sent me an email today saying that my motion to compel was statutorily and procedurally terrible
[01:54:31.280 --> 01:54:42.280] And if I don't withdraw it by Monday, he's going to have to file an answer and then he's going to ask for attorney fees
[01:54:42.280 --> 01:54:45.280] Oh, and I'm shaking in my shoes
[01:54:45.280 --> 01:54:58.280] Unfortunately, two of the other plaintiffs are shaking in their shoes and scared to death that he will get this, you know, attorney fees and they will have to pay fees
[01:54:58.280 --> 01:55:05.280] They're thinking, oh God, I've got to settle, I can't do this, I'm going to withdraw from the case, it's just awful
[01:55:05.280 --> 01:55:16.280] And I'm like, what are you worried about? You know, the judge has to approve it and I talked to the bankruptcy helpline today and they said
[01:55:16.280 --> 01:55:24.280] Well, the judge is more likely to admonish him for his bullying tactics than to award him any fees
[01:55:24.280 --> 01:55:37.280] And they said, you know, the judge can also give you 20, 15 days to amend your motion if he feels that it's not procedurally correct
[01:55:37.280 --> 01:55:42.280] So I'm not going to withdraw it, I'm sorry
[01:55:42.280 --> 01:55:59.280] One thing is a warning to everybody, if the lawyer has no grounds for him to support his position, he will try to beat you on procedure
[01:55:59.280 --> 01:56:07.280] The first foreclosure suit I've prepared was for a fellow broadcaster, Steve Skidmore
[01:56:07.280 --> 01:56:12.280] He came to me, he had two days before an eviction hearing
[01:56:12.280 --> 01:56:14.280] He said, I need a lawsuit
[01:56:14.280 --> 01:56:18.280] I said, I'm still researching, I'm not ready to prepare a lawsuit
[01:56:18.280 --> 01:56:22.280] He said, I don't have time for you to research, I'm going to be evicted in two days
[01:56:22.280 --> 01:56:29.280] So I went on the internet, pulled out a bunch of stuff I found and stuck it in a lawsuit and he filed it
[01:56:29.280 --> 01:56:38.280] They went to the eviction hearing and he noticed the magistrate that he had a claim against a title filed in the district court
[01:56:38.280 --> 01:56:44.280] And the judge said, I don't have jurisdiction over this, what are you doing in my court, get out
[01:56:44.280 --> 01:56:47.280] So he stopped the eviction
[01:56:47.280 --> 01:56:57.280] Then the lawyer on the other side some 30 days later filed a response saying, your honor, this suit's a piece of crap
[01:56:57.280 --> 01:57:10.280] And the judge 60 to 90, 60 or 70 days later, a couple of months, filed a response and said, your honor, this is a piece of crap
[01:57:10.280 --> 01:57:16.280] We dismissed the suit without prejudice and fixed it
[01:57:16.280 --> 01:57:19.280] So we filed a second one
[01:57:19.280 --> 01:57:23.280] And we had 30 days to file a second one, we filed it
[01:57:23.280 --> 01:57:29.280] The lawyer had 30 days to respond, he responded and said, your honor, this one's a piece of crap too
[01:57:29.280 --> 01:57:35.280] The judge had, I think he took three months this time and he said, yeah, you're right, it's a piece of crap too, fix it
[01:57:35.280 --> 01:57:38.280] The third one stuck
[01:57:38.280 --> 01:57:45.280] Seven years later, he's still in court with him and he's still in the property
[01:57:45.280 --> 01:57:52.280] And they got him on a procedural error
[01:57:52.280 --> 01:57:59.280] They convinced him to withdraw a specific claim, I don't remember exactly what it was
[01:57:59.280 --> 01:58:06.280] But when he did that, it was a procedural issue and he lost the whole thing
[01:58:06.280 --> 01:58:11.280] If they can't get you on the merits, they'll try to get you on procedure
[01:58:11.280 --> 01:58:15.280] Be careful on procedure
[01:58:15.280 --> 01:58:18.280] And it's not that hard
[01:58:18.280 --> 01:58:23.280] Whatever they're asking you to do, look at it very carefully
[01:58:23.280 --> 01:58:31.280] And generally, when they try to trick you on procedure, you can turn it back on
[01:58:31.280 --> 01:58:32.280] Okay
[01:58:32.280 --> 01:58:38.280] I have to, I think we're running off the cliff here, Randy, it's all your fault
[01:58:38.280 --> 01:58:42.280] No, it's Brett's fault, it's always Brett's fault
[01:58:42.280 --> 01:58:45.280] I think you can push her off the cliff
[01:58:45.280 --> 01:58:49.280] We'll be right back
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