[00:00.000 --> 00:05.000]  This news brief brought to you by the International News Net.
[00:05.000 --> 00:14.000]  Insurgents in Kandahar Monday driving a suicide truck bomb and attacking on foot killed five people, including three UN employees.
[00:14.000 --> 00:20.000]  The assault was the second major attack in three days to target foreign workers or NATO troops,
[00:20.000 --> 00:26.000]  spotlighting the insurgents' ability to continue to carry out major attacks in broad daylight.
[00:26.000 --> 00:33.000]  Libya's interim Prime Minister Mahmoud Jibril confirmed the presence of chemical weapons in Libya Sunday
[00:33.000 --> 00:38.000]  and said foreign inspectors would arrive later this week to deal with the issue.
[00:38.000 --> 00:48.000]  An Associated Press photograph last week showed unguarded heavy weapons at a storage facility in the Libyan desert 62 miles south of Sert.
[00:48.000 --> 00:56.000]  In Lahore, Pakistan, cricket legend and opposition politician Imran Khan railed against the government and its alliance with the U.S.
[00:56.000 --> 00:59.000]  before more than 100,000 supporters Sunday.
[00:59.000 --> 01:09.000]  The rally indicated his message may have found new residents at a time when Pakistanis have fed up with the country's chronic insecurity and economic malaise.
[01:09.000 --> 01:19.000]  Retired Air Force Colonel Morris Davis, former U.S. chief prosecutor at Guantanamo, said the methods of interrogation used on detainees
[01:19.000 --> 01:26.000]  were in breach of U.S. statues on torture and added, quote, if torture is a crime, it should be prosecuted.
[01:26.000 --> 01:33.000]  Ahead of the 10th anniversary of George Bush's executive order setting up military commissions to try terrorist suspects,
[01:33.000 --> 01:39.000]  Davis accused the administration he served of operating a, quote, law-free zone at Guantanamo.
[01:39.000 --> 01:45.000]  Davis, who resigned in October 2007 in protest against interrogation methods at the prison,
[01:45.000 --> 01:49.000]  made his remarks in the lead-up to the November 13th anniversary.
[01:49.000 --> 01:54.000]  Across the street from U.S. military headquarters in Kabul,
[01:54.000 --> 02:02.000]  the Afghan intelligence agency runs a detention facility known as Department 124 where terrorism suspects are tortured.
[02:02.000 --> 02:09.000]  The Washington Post reported Monday that long before the U.N. revealed systematic torture in Afghan detention centers,
[02:09.000 --> 02:19.000]  top State Department officials, the CIA and the U.S. military were warned repeatedly about abuses at Department 124 and other Afghan facilities.
[02:19.000 --> 02:27.000]  Despite the warnings, the U.S. continued to transfer detainees to Afghan intelligence custody, even as other countries stopped the practice.
[02:27.000 --> 02:35.000]  U.S. Special Operations troops delivered detainees to Department 124 while CIA officials regularly visited the facility,
[02:35.000 --> 02:38.000]  which was rebuilt last year with U.S. money.
[02:38.000 --> 02:44.000]  Only when the U.N. on August 30th alleged widespread detainee abuse to General John Allen,
[02:44.000 --> 02:50.000]  the top U.S. military commander in Afghanistan, did he halt detainee transfers.
[02:50.000 --> 02:57.000]  For more details on this story, visit INN World Report dot net.
[03:21.000 --> 03:26.000]  Tell me, what is she gonna do? What is she gonna do?
[03:29.000 --> 03:35.000]  Bad boys, bad boys, what's she gonna do? What's she gonna do when they come for you?
[03:35.000 --> 03:40.000]  Bad boys, bad boys, what's she gonna do? What's she gonna do when they come for you?
[03:40.000 --> 03:46.000]  When you were eight and you had bad dreams, you'd go to school and earn the gold and lose.
[03:46.000 --> 03:52.000]  So why are you acting like a bloody fool? If you're getting mad, then you must just cool bad boys.
[03:52.000 --> 03:58.000]  Good evening, folks. This is Rule of Law Radio. It is Monday night, October 31st, 2011,
[03:58.000 --> 04:01.000]  commonly known as Halloween this time of year.
[04:01.000 --> 04:10.000]  That being said, you may notice in the background from time to time the loud sounds of knocking and screaming for the production of candy.
[04:10.000 --> 04:13.000]  Please try to ignore that as we continue with the show.
[04:13.000 --> 04:19.000]  We call it extortion night around here. It's the night of the extortionists coming around.
[04:19.000 --> 04:22.000]  Give us candy or else.
[04:22.000 --> 04:24.000]  Well, that's entirely feasible.
[04:24.000 --> 04:26.000]  Alright, go ahead, Eddie.
[04:26.000 --> 04:31.000]  Alright. Now, I have noticed that we do have Rick up on the collar board already,
[04:31.000 --> 04:34.000]  so I'm gonna go ahead and take Rick out of California.
[04:34.000 --> 04:42.000]  And then when we get done with that, we are going to have some material here that I'm printing out of the annotated codes
[04:42.000 --> 04:47.000]  dealing with the Code of Criminal Procedure and the Penal Code.
[04:47.000 --> 04:51.000]  There's some case law I want to go over with you that is extremely interesting.
[04:51.000 --> 04:56.000]  Okay, let's go to Rick. Rick, good evening. What can we do for you?
[04:56.000 --> 04:59.000]  How's it going? I heard that Randy was out.
[04:59.000 --> 05:08.000]  Yes, he was gotten out Tuesday on Appeal Bond, and fortunately, they did not hold his hearing on the 27th
[05:08.000 --> 05:12.000]  to turn around and send him right back in again. They gave him a continuance for the contempt hearing,
[05:12.000 --> 05:14.000]  so at least he's still out at the moment.
[05:14.000 --> 05:18.000]  Oh, okay. Well, that's good to know. I just wanted to say hi to you guys,
[05:18.000 --> 05:21.000]  and I'm glad to hear you guys are still moving forward.
[05:21.000 --> 05:23.000]  Yes, that's good to know.
[05:23.000 --> 05:25.000]  Trying to, yes.
[05:25.000 --> 05:28.000]  Okay, and I just wanted to know if you guys had any more information that I could use
[05:28.000 --> 05:32.000]  so I could make more videos and posts on YouTube. That would be great.
[05:32.000 --> 05:38.000]  Well, that all depends on what kind of information you're looking at, but if you want to send me an email or something
[05:38.000 --> 05:42.000]  or open up a Skype discussion, you and I can go over that and see what we can do.
[05:42.000 --> 05:48.000]  Okay, that sounds good, and once again, I want to thank you guys for putting up the information you guys are doing,
[05:48.000 --> 05:52.000]  and once again, tell Randy to say hello when you guys can.
[05:52.000 --> 05:54.000]  We'll do, Rick. Thanks for calling in.
[05:54.000 --> 05:57.000]  Yeah, he was on the air Friday night.
[05:57.000 --> 06:04.000]  And folks, that reminds me, since the subject of Randy came up, if you want to know more,
[06:04.000 --> 06:08.000]  that was discussed on Friday evening. This past Friday night, he was on the air Friday night.
[06:08.000 --> 06:12.000]  He'll be on the air with us again on Thursday and Friday of this week.
[06:12.000 --> 06:14.000]  Monday nights is Eddie's night, traffic night.
[06:14.000 --> 06:22.000]  But I do want to mention, however, that we still are in need of funds for Randy.
[06:22.000 --> 06:30.000]  We definitely still need funds for Randy's situation because he is going to have to hire an attorney,
[06:30.000 --> 06:36.000]  and also he is going to need to be getting a transcript from the trial,
[06:36.000 --> 06:40.000]  which is going to be anywhere from $2,200 to $3,000.
[06:40.000 --> 06:45.000]  And so, folks, any help that you could give towards that goal would be much appreciated.
[06:45.000 --> 06:52.000]  We've barely raised enough money to get him out and to pay for some other basic expenses of the network
[06:52.000 --> 06:56.000]  that needed to be taken care of during the last couple of months.
[06:56.000 --> 07:05.000]  Like I had mentioned a few times on the air, I had been planning on doing a fundraiser for about $5,000 anyway,
[07:05.000 --> 07:12.000]  just for the network and nothing else because we've gotten so far behind.
[07:12.000 --> 07:18.000]  And Jerry and I and Randy have been carrying this thing out of our own pockets,
[07:18.000 --> 07:20.000]  and we just can't afford to do it anymore.
[07:20.000 --> 07:24.000]  And so, we are about to raise money anyway just for the network,
[07:24.000 --> 07:29.000]  and then this thing happened with Randy, and so we still are in desperate need of funds.
[07:29.000 --> 07:35.000]  We were just barely able to get him out, and there is still much that needs to be done.
[07:35.000 --> 07:42.000]  He's got a higher lawyer and attorney because his indigency status was not granted
[07:42.000 --> 07:48.000]  and, of course, also the transcript and various and sundry what-nots.
[07:48.000 --> 07:51.000]  So, folks, please, we do still need your help.
[07:51.000 --> 07:55.000]  All right, Eddie, there's another caller on the board, Jim, from Texas.
[07:55.000 --> 07:58.000]  Yeah, let's go ahead and take him, and that'll free up the caller board,
[07:58.000 --> 08:00.000]  and then I can get on with the presentation here.
[08:00.000 --> 08:02.000]  Evening, Jim, what can we do for you?
[08:02.000 --> 08:05.000]  Yeah, hi. I'm trying to help a friend out.
[08:05.000 --> 08:09.000]  I've got the seminar, and I've listened when I can't.
[08:09.000 --> 08:11.000]  I'm not too familiar with everything.
[08:11.000 --> 08:15.000]  Anyway, my friend got a ticket for a DWI.
[08:15.000 --> 08:20.000]  What happened was he saw the flashing lights and he fled the scene.
[08:20.000 --> 08:22.000]  The cops...
[08:22.000 --> 08:25.000]  Wait, wait, wait. Explain to me what fled the scene means.
[08:25.000 --> 08:29.000]  Oh, that means he started running away from him in his car.
[08:29.000 --> 08:33.000]  And he got to sleep for over 100 miles an hour,
[08:33.000 --> 08:37.000]  and so the cops called ahead and put spikes in the road,
[08:37.000 --> 08:40.000]  and, of course, that stopped him.
[08:40.000 --> 08:43.000]  And when the cops caught up with him,
[08:43.000 --> 08:47.000]  he was standing and bleeding up against the fender of his truck,
[08:47.000 --> 08:50.000]  and they told him to get on his knees.
[08:50.000 --> 08:55.000]  And when he did, they shoved his face in the ground in a ditch,
[08:55.000 --> 08:59.000]  and then they took him to jail, straight to jail,
[08:59.000 --> 09:03.000]  and they gave him a court-appointed attorney.
[09:03.000 --> 09:07.000]  They charged him with a DWI, not speeding,
[09:07.000 --> 09:12.000]  and they gave him, like I said, a appointed attorney.
[09:12.000 --> 09:15.000]  And so he copped a plea,
[09:15.000 --> 09:20.000]  and they had a zero fine, 10 days in jail,
[09:20.000 --> 09:24.000]  and $437 in court cost.
[09:24.000 --> 09:28.000]  They held his car and suspended his license for a year.
[09:28.000 --> 09:31.000]  So I'm wondering if there's anything I can do.
[09:31.000 --> 09:33.000]  Now, this happened a year ago.
[09:33.000 --> 09:36.000]  Sure. Give him a ride wherever he wants to go.
[09:36.000 --> 09:39.000]  The minute he copped a plea and took the deal,
[09:39.000 --> 09:42.000]  all hope was lost. End of story.
[09:42.000 --> 09:47.000]  Okay. Okay, though.
[09:47.000 --> 09:52.000]  I wanted to ask a question about getting court records
[09:52.000 --> 09:55.000]  from the municipal court and the county court.
[09:55.000 --> 09:58.000]  Am I allowed to get, like, I want to get,
[09:58.000 --> 10:02.000]  but everybody that had a ticket in the last 30 days,
[10:02.000 --> 10:05.000]  is that something I can do?
[10:05.000 --> 10:06.000]  Sure.
[10:06.000 --> 10:08.000]  Because I asked for it, and they said,
[10:08.000 --> 10:11.000]  well, do you run a school? Do you own a school or traffic school?
[10:11.000 --> 10:12.000]  I said, no, I don't.
[10:12.000 --> 10:14.000]  She said, well, I'm afraid I can't do that.
[10:14.000 --> 10:18.000]  Yes, you can, and she better get on the bomb, do it.
[10:18.000 --> 10:23.000]  Those records that are filed in the case of adjudicated cases,
[10:23.000 --> 10:27.000]  okay, in the court, are not judicial records.
[10:27.000 --> 10:30.000]  They are public court records.
[10:30.000 --> 10:34.000]  And as such, they are available to any member of the public
[10:34.000 --> 10:37.000]  during any normal business hours.
[10:37.000 --> 10:41.000]  The court nor the clerk has any power or authority
[10:41.000 --> 10:44.000]  to deny access to those records.
[10:44.000 --> 10:48.000]  They attempt to do it under Rule 12.2D,
[10:48.000 --> 10:54.000]  but 12.2D very clearly states that a judicial record
[10:54.000 --> 10:59.000]  is any record the court generates that is not directly related
[10:59.000 --> 11:02.000]  to its adjudicated function.
[11:02.000 --> 11:06.000]  An adjudicated case is a public court record,
[11:06.000 --> 11:10.000]  and as such, it must be treated as such.
[11:10.000 --> 11:12.000]  Okay, all right.
[11:12.000 --> 11:14.000]  You'll send me an email.
[11:14.000 --> 11:16.000]  I will send you a document you filed with the court
[11:16.000 --> 11:20.000]  demanding the release of those records, ASAP.
[11:20.000 --> 11:22.000]  And then when they don't do that,
[11:22.000 --> 11:25.000]  then you sue the living crap and report to the attorney general
[11:25.000 --> 11:28.000]  and all that other good stuff about the criminal acts
[11:28.000 --> 11:30.000]  by the judge and by the clerk.
[11:30.000 --> 11:32.000]  Okay, all right.
[11:32.000 --> 11:36.000]  One more question, and that question is,
[11:36.000 --> 11:39.000]  I noticed that sometimes when people call in to have tickets,
[11:39.000 --> 11:42.000]  they'll ask, well, just county or municipal,
[11:42.000 --> 11:44.000]  and I can't figure out why.
[11:44.000 --> 11:46.000]  I mean, what is the difference?
[11:46.000 --> 11:50.000]  The difference is, is the type of court you're appearing in.
[11:50.000 --> 11:55.000]  A justice court versus a municipal court, okay?
[11:55.000 --> 11:58.000]  Some municipal courts are courts of record,
[11:58.000 --> 12:01.000]  whereas justice courts never are courts of record.
[12:01.000 --> 12:04.000]  Some municipal courts are not courts of record,
[12:04.000 --> 12:07.000]  so we need to know what kind of court you're in
[12:07.000 --> 12:09.000]  and there's a slightly different set of rules
[12:09.000 --> 12:11.000]  that happens after the fact,
[12:11.000 --> 12:16.000]  depending upon the case and the type of court you're in.
[12:16.000 --> 12:19.000]  Okay, then that's where I need to learn more.
[12:19.000 --> 12:26.000]  The other reason I ask is because of Rule 4.13A and B
[12:26.000 --> 12:30.000]  out of the Texas Administrative Code under Title 37.
[12:30.000 --> 12:33.000]  That rule specifically states what officers,
[12:33.000 --> 12:38.000]  whether they be state, county, or local municipality officers,
[12:38.000 --> 12:42.000]  where they can enforce and what the qualifications
[12:42.000 --> 12:44.000]  for enforcement are.
[12:44.000 --> 12:46.000]  That's the other reason.
[12:46.000 --> 12:51.000]  If the municipality and the officer do not meet the criteria
[12:51.000 --> 12:55.000]  set forth in 4.13A and B,
[12:55.000 --> 12:58.000]  then that officer is acting outside of his lawful authority
[12:58.000 --> 13:01.000]  to issue a citation at all.
[13:01.000 --> 13:04.000]  Okay.
[13:04.000 --> 13:05.000]  Okay, thanks a lot.
[13:05.000 --> 13:06.000]  I appreciate that.
[13:06.000 --> 13:07.000]  Yes, sir.
[13:07.000 --> 13:08.000]  You're very welcome.
[13:08.000 --> 13:09.000]  Just send me an email, though,
[13:09.000 --> 13:10.000]  and I'll send you that paper
[13:10.000 --> 13:12.000]  for work on requesting the records.
[13:12.000 --> 13:13.000]  Okay, thank you.
[13:13.000 --> 13:16.000]  You're welcome.
[13:16.000 --> 13:17.000]  All right.
[13:17.000 --> 13:20.000]  Well, we may not get the presentation material.
[13:20.000 --> 13:22.000]  We have Ramon on the board now.
[13:22.000 --> 13:24.000]  Ramon, what can we do for you?
[13:24.000 --> 13:25.000]  Yeah, of course.
[13:25.000 --> 13:26.000]  How's it going?
[13:26.000 --> 13:28.000]  I have a little situation here
[13:28.000 --> 13:32.000]  where I was in an apartment complex
[13:32.000 --> 13:35.000]  and we were the victims of a home invasion.
[13:35.000 --> 13:37.000]  And the apartment complex,
[13:37.000 --> 13:38.000]  we went through a wrong dollar.
[13:38.000 --> 13:41.000]  We're trying to get them to let us leave.
[13:41.000 --> 13:43.000]  And one of us was actually injured during the incident
[13:43.000 --> 13:44.000]  and was in the hospital.
[13:44.000 --> 13:49.000]  And they only granted him, like, a breach of the contract.
[13:49.000 --> 13:54.000]  But when I tried contacting the main corporate officer,
[13:54.000 --> 13:55.000]  they were like, oh, yeah, yeah,
[13:55.000 --> 13:56.000]  they basically stonewalled me.
[13:56.000 --> 13:58.000]  And they said, yeah, we'll get that back to you.
[13:58.000 --> 13:59.000]  We'll get that back to you.
[13:59.000 --> 14:02.000]  So after not getting an answer for almost two months,
[14:02.000 --> 14:03.000]  I left.
[14:03.000 --> 14:07.000]  And now they're trying to sue me for the rest of the breach
[14:07.000 --> 14:09.000]  of the leasing contract.
[14:09.000 --> 14:13.000]  Okay, let me see if I've got this correct so far.
[14:13.000 --> 14:18.000]  You're leasing an apartment in some complex somewhere.
[14:18.000 --> 14:22.000]  That apartment was subjected to a home invasion,
[14:22.000 --> 14:23.000]  not by the police,
[14:23.000 --> 14:26.000]  but by actual burglars or hoodlums or whatever, correct?
[14:26.000 --> 14:28.000]  Correct.
[14:28.000 --> 14:33.000]  Is this supposed to be a secure dwelling place?
[14:33.000 --> 14:34.000]  Is there a gate?
[14:34.000 --> 14:36.000]  There's a gate outside the,
[14:36.000 --> 14:38.000]  there's a gate to that monitor,
[14:38.000 --> 14:40.000]  the vehicle's in and out.
[14:40.000 --> 14:43.000]  And there's, like, cameras everywhere,
[14:43.000 --> 14:45.000]  but there's no use to the crime.
[14:45.000 --> 14:48.000]  The one camera that would have been useful,
[14:48.000 --> 14:50.000]  which was the camera that points to the vehicle,
[14:50.000 --> 14:54.000]  like the exit, is the only camera that doesn't work.
[14:54.000 --> 14:57.000]  Okay, then you may want to see if there is something
[14:57.000 --> 15:00.000]  that will allow you to sue them for their election of duty
[15:00.000 --> 15:02.000]  and protecting the residents.
[15:02.000 --> 15:06.000]  Because if they install that security system for that purpose,
[15:06.000 --> 15:09.000]  then they've insinuated the necessity and the duty
[15:09.000 --> 15:12.000]  to use it for the protection of those that live there.
[15:12.000 --> 15:15.000]  In fact, they use that material as inducement
[15:15.000 --> 15:18.000]  to draw people to live in those quarters.
[15:18.000 --> 15:21.000]  By telling them that it's a secure location,
[15:21.000 --> 15:24.000]  it's monitored, and so on and so forth.
[15:24.000 --> 15:27.000]  If you can show that your breach of contract exists
[15:27.000 --> 15:32.000]  because you rented an apartment based upon the security features,
[15:32.000 --> 15:34.000]  the fact that it was a monitored complex,
[15:34.000 --> 15:36.000]  and so on and so forth,
[15:36.000 --> 15:40.000]  and you can prove evidence that that is all completely false,
[15:40.000 --> 15:44.000]  they're the ones in breach of contract.
[15:44.000 --> 15:48.000]  So then at that point, so am I going to have to file
[15:48.000 --> 15:50.000]  some kind of a small claims court?
[15:50.000 --> 15:57.000]  No, you can file an answer to their suit and do a counterclaim.
[15:57.000 --> 16:00.000]  Is there any kind of a guide that I can do to file
[16:00.000 --> 16:03.000]  or can I just show up to the court?
[16:03.000 --> 16:05.000]  It's the rules of civil procedure.
[16:05.000 --> 16:08.000]  I'm assuming the place you're talking about is in Texas.
[16:08.000 --> 16:10.000]  Yeah, it's in Austin, yeah.
[16:10.000 --> 16:13.000]  Okay, then you need to look up the rules of civil procedure
[16:13.000 --> 16:18.000]  as it relates to evictions,
[16:18.000 --> 16:22.000]  tenant landlord law, and so on and so forth.
[16:22.000 --> 16:25.000]  Check your lease agreement.
[16:25.000 --> 16:27.000]  Does your lease agreement stipulate that?
[16:27.000 --> 16:30.000]  It's a secured facility. It's a monitored facility.
[16:30.000 --> 16:32.000]  There are people to protect you in this facility,
[16:32.000 --> 16:34.000]  and so on and so forth.
[16:34.000 --> 16:36.000]  If that's in your written agreement
[16:36.000 --> 16:38.000]  and you can prove it's not being done,
[16:38.000 --> 16:41.000]  they're in breach, not you.
[16:41.000 --> 16:46.000]  Okay, all right, and I guess the main rule...
[16:46.000 --> 16:48.000]  Hang on just a second for a moment. We're going to break.
[16:48.000 --> 16:50.000]  I'll get you on the other side.
[16:50.000 --> 16:52.000]  All right, folks, this is rule of law radio.
[16:52.000 --> 16:55.000]  The call in number is 512-646-1984.
[16:55.000 --> 16:58.000]  We'll be right back on the other side of this break.
[17:04.000 --> 17:07.000]  In the 80s, they fit into Reagan,
[17:07.000 --> 17:10.000]  a debt-sealing compromise.
[17:10.000 --> 17:12.000]  Democrats promising spending cuts
[17:12.000 --> 17:15.000]  by delivering only tax items.
[17:15.000 --> 17:17.000]  The 90s brought more compromises,
[17:17.000 --> 17:19.000]  more broken promises,
[17:19.000 --> 17:21.000]  and more new taxes.
[17:21.000 --> 17:24.000]  This August, the next chapter will be written,
[17:24.000 --> 17:27.000]  a defining moment.
[17:27.000 --> 17:29.000]  14 trillion in debt,
[17:29.000 --> 17:31.000]  visits unemployed,
[17:31.000 --> 17:33.000]  the dollar in decline.
[17:33.000 --> 17:35.000]  We know where they stand.
[17:35.000 --> 17:38.000]  But will our party's leaders repeat the mistakes of the past?
[17:38.000 --> 17:42.000]  Will they choose compromise or conviction?
[17:42.000 --> 17:45.000]  One candidate has always been true.
[17:45.000 --> 17:50.000]  Ron Paul, cut spending, balance the budget, no deals.
[17:50.000 --> 17:54.000]  Standing up to the Washington Machine, guided by principle,
[17:54.000 --> 17:57.000]  restore America now.
[17:57.000 --> 18:00.000]  I'm Ron Paul, and I approve this message.
[18:00.000 --> 18:02.000]  Are you being harassed by debt collectors
[18:02.000 --> 18:05.000]  with phone calls, letters, or even lawsuits?
[18:05.000 --> 18:09.000]  Stop debt collectors now with the Michael Mirris Proven Method.
[18:09.000 --> 18:13.000]  Michael Mirris has won six cases in federal court against debt collectors,
[18:13.000 --> 18:15.000]  and now you can win two.
[18:15.000 --> 18:17.000]  You'll get step-by-step instructions in plain English
[18:17.000 --> 18:21.000]  on how to win in court using federal civil rights statutes.
[18:21.000 --> 18:25.000]  What to do when contacted by phones, mail, or court summons?
[18:25.000 --> 18:27.000]  How to answer letters and phone calls?
[18:27.000 --> 18:29.000]  How to get debt collectors out of your credit reports?
[18:29.000 --> 18:31.000]  How to turn the financial tables on them
[18:31.000 --> 18:34.000]  and make them pay you to go away?
[18:34.000 --> 18:37.000]  The Michael Mirris Proven Method is the solution
[18:37.000 --> 18:39.000]  for how to stop debt collectors.
[18:39.000 --> 18:41.000]  Personal consultation is available as well.
[18:41.000 --> 18:45.000]  For more information, please visit ruleoflawradio.com
[18:45.000 --> 18:47.000]  and click on the blue Michael Mirris banner
[18:47.000 --> 18:50.000]  or email Michael Mirris at yahoo.com.
[18:50.000 --> 18:52.000]  That's ruleoflawradio.com
[18:52.000 --> 18:57.000]  or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com
[18:57.000 --> 19:13.000]  to learn how to stop debt collectors now.
[19:13.000 --> 19:15.000]  All right, folks, we are back.
[19:15.000 --> 19:17.000]  This is ruleoflawradio.
[19:17.000 --> 19:20.000]  This is October 31, 2011,
[19:20.000 --> 19:23.000]  Fright Night Halloween Day and all that good stuff.
[19:23.000 --> 19:26.000]  We are talking to Ramon in Texas.
[19:26.000 --> 19:30.000]  Okay, Ramon, you sounded like you didn't quite get everything
[19:30.000 --> 19:32.000]  that I said prior to the break,
[19:32.000 --> 19:35.000]  so let's see if we can finish up and get you straight.
[19:35.000 --> 19:38.000]  In fact, we're not in the form of a lawsuit.
[19:38.000 --> 19:41.000]  They've apparently turned it over to collection
[19:41.000 --> 19:45.000]  and it's in a collection for the collections agency right now
[19:45.000 --> 19:46.000]  and they're trying to...
[19:46.000 --> 19:48.000]  Oh, good, and you can go after the collections agency
[19:48.000 --> 19:52.000]  under the Fair Debt Collection Practices Act.
[19:52.000 --> 19:56.000]  And how can I... How do I do that?
[19:56.000 --> 19:58.000]  Is it also a separate procedure?
[19:58.000 --> 20:01.000]  The best way to do that is to get the Michael Meara stuff
[20:01.000 --> 20:02.000]  off of our website.
[20:02.000 --> 20:05.000]  His methods work fairly well for most people who used it,
[20:05.000 --> 20:08.000]  so I think it probably worked well in this case.
[20:08.000 --> 20:11.000]  But now, the problem is,
[20:11.000 --> 20:13.000]  they're attempting to go through a debt collector
[20:13.000 --> 20:16.000]  rather than through an eviction proceeding
[20:16.000 --> 20:19.000]  and a judgment proceeding for rent owed.
[20:19.000 --> 20:23.000]  Dave probably already wound up in breach of their contract.
[20:23.000 --> 20:26.000]  You really, really, really need to review that lease agreement.
[20:26.000 --> 20:27.000]  The premise is superb.
[20:27.000 --> 20:31.000]  It's already been a while that I left.
[20:31.000 --> 20:32.000]  What's your point?
[20:32.000 --> 20:34.000]  I can't get evicted because I've already left,
[20:34.000 --> 20:37.000]  but so you said that I can...
[20:37.000 --> 20:39.000]  How can I apply the...
[20:39.000 --> 20:41.000]  You said I could go through the job mayors program
[20:41.000 --> 20:42.000]  that you have on there?
[20:42.000 --> 20:47.000]  No, the Michael Meara's method.
[20:47.000 --> 20:51.000]  Michael Meara's, it was just advertised on the break.
[20:51.000 --> 20:53.000]  I was...
[20:53.000 --> 20:55.000]  Okay, all right, well, if you go to the website
[20:55.000 --> 20:58.000]  and you scroll down to where the banners are,
[20:58.000 --> 21:01.000]  you'll see where there's a baby blue banner.
[21:01.000 --> 21:03.000]  It says how to deal with debt collectors.
[21:03.000 --> 21:05.000]  You click on that banner,
[21:05.000 --> 21:08.000]  you can order the Michael Meara's method there.
[21:08.000 --> 21:11.000]  Okay, and that'll contain some kind of a procedure
[21:11.000 --> 21:12.000]  that I can go through.
[21:12.000 --> 21:15.000]  Yes, he'll walk you step by step.
[21:15.000 --> 21:17.000]  Yeah, that'll help you with the debt collector.
[21:17.000 --> 21:19.000]  Now, what you can do is go back and sue
[21:19.000 --> 21:23.000]  the place you were living for breach of contract
[21:23.000 --> 21:25.000]  because if, like I said,
[21:25.000 --> 21:30.000]  if your lease agreement said that it was a secure residential area,
[21:30.000 --> 21:32.000]  that it was monitored,
[21:32.000 --> 21:35.000]  that you would be safe living there,
[21:35.000 --> 21:38.000]  and you were the victim of a home break-in while living there,
[21:38.000 --> 21:41.000]  and their monitoring system wasn't working
[21:41.000 --> 21:44.000]  and no one was actually monitoring it
[21:44.000 --> 21:49.000]  or patrolling the grounds like the lease agreement said they were,
[21:49.000 --> 21:51.000]  then you can sue them.
[21:51.000 --> 21:53.000]  All right.
[21:53.000 --> 21:57.000]  Odds are not only will they take away what they're saying you owe,
[21:57.000 --> 22:01.000]  you can still get money out of them.
[22:01.000 --> 22:04.000]  And probably for the entire amount of time you lived there,
[22:04.000 --> 22:07.000]  unless they can prove that they were compliant
[22:07.000 --> 22:09.000]  every day you lived there.
[22:09.000 --> 22:12.000]  So that will be a popular amount that I could actually counter-serve them for?
[22:12.000 --> 22:14.000]  A little amount of rent that I paid to them?
[22:14.000 --> 22:16.000]  Exactly.
[22:16.000 --> 22:21.000]  Plus any damages from the home break-in and so on and so forth.
[22:21.000 --> 22:24.000]  Okay. All right.
[22:24.000 --> 22:26.000]  All right, I'll have to check that out then.
[22:26.000 --> 22:30.000]  I'll try to see how it goes.
[22:30.000 --> 22:32.000]  Now, remember the Michael Mira stuff
[22:32.000 --> 22:35.000]  is not pursuing the complex where you live.
[22:35.000 --> 22:37.000]  That's just for dealing with the debt collector.
[22:37.000 --> 22:39.000]  The debt collector, yeah.
[22:39.000 --> 22:42.000]  This stuff is a civil tort that you will have to read up on the rules
[22:42.000 --> 22:46.000]  of civil procedure regarding breach of contract.
[22:46.000 --> 22:51.000]  In this case, specifically breach of contract between a landlord and a tenant.
[22:51.000 --> 22:52.000]  Okay.
[22:52.000 --> 22:55.000]  Do you have the jurisdictionary course, Ramon?
[22:55.000 --> 22:57.000]  No, I don't actually, no.
[22:57.000 --> 23:00.000]  Okay, yeah. If you're going to sue somebody, you need to get jurisdictionary.
[23:00.000 --> 23:02.000]  Okay.
[23:02.000 --> 23:04.000]  Yeah, I'll have to definitely check that out.
[23:04.000 --> 23:07.000]  Ramon, are you on a speakerphone right now?
[23:07.000 --> 23:09.000]  Yeah, kind of. I'm on the Bluetooth in my car.
[23:09.000 --> 23:11.000]  Yeah. Can you not use a Bluetooth?
[23:11.000 --> 23:13.000]  Can you just use the regular handset?
[23:13.000 --> 23:14.000]  No, I'm off. I'm off already.
[23:14.000 --> 23:16.000]  Okay. Okay. Great. Thanks.
[23:16.000 --> 23:19.000]  Okay. Does all this make sense to you now?
[23:19.000 --> 23:20.000]  Yeah, it definitely makes sense.
[23:20.000 --> 23:21.000]  It makes certain that they're a little loud,
[23:21.000 --> 23:25.000]  because I guess it's a lot better than through a debt collector,
[23:25.000 --> 23:27.000]  not through a lawsuit then.
[23:27.000 --> 23:30.000]  It makes it a little bit easier, I guess.
[23:30.000 --> 23:31.000]  Okay.
[23:31.000 --> 23:32.000]  I'm going to have to go through with it,
[23:32.000 --> 23:35.000]  because we did go through a lot of harassment through them,
[23:35.000 --> 23:37.000]  and they were like, yeah, we're going to settle the problem with you,
[23:37.000 --> 23:39.000]  and then the higher-ups, you know,
[23:39.000 --> 23:41.000]  were supposedly talking about it,
[23:41.000 --> 23:43.000]  but we never received an answer from them,
[23:43.000 --> 23:45.000]  and then when I try to go to the office,
[23:45.000 --> 23:47.000]  they're like, oh, I haven't heard anything.
[23:47.000 --> 23:50.000]  So after two months, I just left.
[23:50.000 --> 23:51.000]  Right.
[23:51.000 --> 23:53.000]  So it was just a bad, bad, bad.
[23:53.000 --> 23:57.000]  Well, you can show, if you can use that to show bad faith on their part,
[23:57.000 --> 24:00.000]  that just strengthens your argument in your suit.
[24:00.000 --> 24:03.000]  All right. Okay.
[24:03.000 --> 24:07.000]  I'll have to definitely check those two programs out.
[24:07.000 --> 24:08.000]  All right.
[24:08.000 --> 24:09.000]  All right. Thank you very much.
[24:09.000 --> 24:13.000]  You're very welcome, Ramon. Thanks for calling in.
[24:13.000 --> 24:16.000]  All right. That clears up the call on the board.
[24:16.000 --> 24:20.000]  So while we're waiting on a populace for that to repopulate,
[24:20.000 --> 24:22.000]  I'm going to go ahead and present some information here
[24:22.000 --> 24:24.000]  that I wanted to get out tonight,
[24:24.000 --> 24:26.000]  especially for those folks that are attending the class regularly,
[24:26.000 --> 24:31.000]  because there's some very interesting things you need to know in case law here.
[24:31.000 --> 24:39.000]  Okay. Now, in Texas, the code of criminal procedure is, for some reason,
[24:39.000 --> 24:41.000]  the courts don't actually consider it law.
[24:41.000 --> 24:46.000]  They simply consider it procedural rules.
[24:46.000 --> 24:53.000]  So the code of criminal procedure is strictly rules according to the courts
[24:53.000 --> 24:59.000]  that the courts and everybody in them are required to abide by.
[24:59.000 --> 25:05.000]  Now, if we look at some case law involving Article 1.03,
[25:05.000 --> 25:11.000]  which states the objects of this code referring to the Texas Code of Criminal Procedure,
[25:11.000 --> 25:14.000]  we have a case called Reese v. State.
[25:14.000 --> 25:19.000]  That's at 772, Southwest 2nd, 288, 290,
[25:19.000 --> 25:23.000]  from the Texas Court of Criminal Appeals in 1989.
[25:23.000 --> 25:30.000]  And it reads, procedural rules have the same force and effect as statutes.
[25:30.000 --> 25:36.000]  They should be interpreted and construed under the rules applicable to legislative enactments.
[25:36.000 --> 25:40.000]  Criminal rules should be liberally construed to accomplish their objectives
[25:40.000 --> 25:42.000]  of ensuring a fair and impartial trial.
[25:42.000 --> 25:46.000]  The ultimate goal of interpretation and in construction
[25:46.000 --> 25:51.000]  is to determine what the enacting authority intended when it adopted the rule.
[25:51.000 --> 25:57.000]  A court cannot enact a procedural rule which conflicts with a constitutional provision.
[25:57.000 --> 26:02.000]  Therefore, when a rule may be fairly given two interpretations,
[26:02.000 --> 26:05.000]  one of which results in its validity,
[26:05.000 --> 26:12.000]  a court must presume that the enacting authority did not intend to adopt an invalid rule
[26:12.000 --> 26:17.000]  and shall interpret it so that it will be valid and constitutional.
[26:17.000 --> 26:22.000]  Now, folks, the reason that case right there is important
[26:22.000 --> 26:29.000]  is because the Texas Constitution says that in all criminal prosecutions,
[26:29.000 --> 26:34.000]  the accused is entitled to representation by counsel.
[26:34.000 --> 26:42.000]  It does not differentiate in any way, shape, or form the severity of the accusation,
[26:42.000 --> 26:49.000]  meaning a class C final only from a felony of the first degree.
[26:49.000 --> 26:54.000]  It doesn't differentiate between an A misdemeanor, B misdemeanor, or C misdemeanor.
[26:54.000 --> 27:00.000]  It simply reads in all criminal prosecutions.
[27:00.000 --> 27:05.000]  Code of Criminal Procedure says exactly the same thing, okay?
[27:05.000 --> 27:14.000]  1.05 in all criminal prosecutions, the accused shall have a speedy public trial by an impartial jury.
[27:14.000 --> 27:21.000]  Now, how do they come to the conclusion that all prosecutions, all criminal prosecutions,
[27:21.000 --> 27:25.000]  means every prosecution when it comes to a jury trial,
[27:25.000 --> 27:31.000]  but it means only those that result in confinement as a part of the punishment
[27:31.000 --> 27:35.000]  when it comes to representation by counsel?
[27:35.000 --> 27:38.000]  How do you differentiate those two rights?
[27:38.000 --> 27:40.000]  Why can't the court turn around and just simply say,
[27:40.000 --> 27:47.000]  well, you can't go to jail for a fine-only offense, so you're not entitled to a trial by jury?
[27:47.000 --> 27:50.000]  We know that's malarkey.
[27:50.000 --> 27:55.000]  Yet, here they are saying that even in a class C final only,
[27:55.000 --> 27:57.000]  you have the right to a trial by jury.
[27:57.000 --> 27:59.000]  The Constitution says so.
[27:59.000 --> 28:03.000]  It also says I have the right to representation of counsel.
[28:03.000 --> 28:09.000]  And yet, you're denying that to me because you come up with the obtuse observation
[28:09.000 --> 28:13.000]  that because you can't put me in jail, I'm not entitled.
[28:13.000 --> 28:21.000]  Show me how you're differentiating those two rights spelled out in the exact same language.
[28:21.000 --> 28:25.000]  This, folks, is the idiocy of our court system,
[28:25.000 --> 28:34.000]  thinking they can interpret the exact same language to apply in a different way to a different right.
[28:34.000 --> 28:44.000]  When both rights are there for the purpose of protecting the due process rights of a criminally accused.
[28:44.000 --> 28:47.000]  This is asinine the way they do this.
[28:47.000 --> 28:49.000]  Now, let's look at Parker v. State.
[28:49.000 --> 28:53.000]  Again, under 1.03 code of criminal procedure.
[28:53.000 --> 28:58.000]  The site for this is 745 SW 2nd 934, 937.
[28:58.000 --> 29:03.000]  Again, Texas Court of Appeals, Houston 1st District.
[29:03.000 --> 29:12.000]  No one under any circumstances should be deprived of any right given him by the laws of this state.
[29:12.000 --> 29:19.000]  And if any provision of our code of criminal procedure has been overlooked or disregarded,
[29:19.000 --> 29:26.000]  if in the remotest degree it could have been hurtful or harmful to the person on trial,
[29:26.000 --> 29:29.000]  the verdict should be set aside.
[29:29.000 --> 29:34.000]  He has a right to be tried in accordance with the rules and form of law.
[29:34.000 --> 29:38.000]  And if this sort of trial is not accorded him, he has a right to complain.
[29:38.000 --> 29:42.000]  And to this complaint, we will always give an attentive ear.
[29:42.000 --> 29:46.000]  What a bunch of malarkey these people pull.
[29:46.000 --> 29:52.000]  All right, folks, we're going on break. This is the rule of law radio 512-646-1984.
[29:52.000 --> 29:56.000]  This is Eddie Craig, Dave from Stevens, Randy Kelpin. We'll be right back after the break.
[30:00.000 --> 30:05.000]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[30:05.000 --> 30:07.000]  The government says that fire brought it down.
[30:07.000 --> 30:12.000]  However, 1,500 architects and engineers concluded it was a controlled demolition.
[30:12.000 --> 30:17.000]  Over 6,000 of my fellow service members have given their lives.
[30:17.000 --> 30:19.000]  I'm not a conspiracy theorist.
[30:19.000 --> 30:20.000]  I'm a structural engineer.
[30:20.000 --> 30:21.000]  I'm a New York City correction officer.
[30:21.000 --> 30:22.000]  I'm an Air Force pilot.
[30:22.000 --> 30:24.000]  I'm a father who lost his son.
[30:24.000 --> 30:27.000]  We are Americans, and we deserve the truth.
[30:27.000 --> 30:43.000]  Go to RememberBuilding7.org today.
[30:57.000 --> 31:16.000]  Hey, can I borrow your phone?
[31:16.000 --> 31:20.000]  Unless you trust the person asking, think twice before saying yes.
[31:20.000 --> 31:26.000]  Cell phone tracking apps and spyware are easy to install in just a few minutes alone with your phone.
[31:26.000 --> 31:28.000]  One New York woman found this out the hard way.
[31:28.000 --> 31:34.000]  Her husband bought her a new iPhone and loaded Apple's Find My Friends app without telling her.
[31:34.000 --> 31:38.000]  She told him she was going to go visit a girlfriend, but when her husband logged on,
[31:38.000 --> 31:40.000]  her cell phone app said otherwise.
[31:40.000 --> 31:42.000]  He now wants a divorce.
[31:42.000 --> 31:43.000]  The moral here?
[31:43.000 --> 31:44.000]  Behave yourself.
[31:44.000 --> 31:46.000]  Keep your cell phone under lock and key,
[31:46.000 --> 31:50.000]  and regularly check to make sure the tracking feature is off.
[31:50.000 --> 31:51.000]  Ring.
[31:51.000 --> 31:52.000]  It's for you.
[31:52.000 --> 31:53.000]  I'm Dr. Catherine Albrecht.
[31:53.000 --> 31:57.000]  More news and information at CatherineAlbrecht.com.
[32:23.000 --> 32:35.000]  Hi, folks.
[32:35.000 --> 32:38.000]  We are back with the New York Law and Radio.
[32:38.000 --> 32:42.000]  The calling number is 512-646-1984.
[32:42.000 --> 32:43.000]  This is Eddie Craig.
[32:43.000 --> 32:45.000]  This is Randy Kelton.
[32:45.000 --> 32:49.000]  Right now, I am trying to wrap up some of this case law in the Code of Criminal Procedure,
[32:49.000 --> 32:56.000]  and we're going to continue with some of this judicial idiocy where they can't seem to determine
[32:56.000 --> 33:00.000]  why one right is applicable under the Constitution and the law,
[33:00.000 --> 33:06.000]  and another one can be destroyed by judicial interpretation that negates it.
[33:06.000 --> 33:10.000]  I have yet to figure out how they determine they can do this.
[33:10.000 --> 33:14.000]  Now, under that same 1.05 under the rights of accused,
[33:14.000 --> 33:18.000]  there is a controlling case on the right to trial by jury.
[33:18.000 --> 33:24.000]  It is Jarborough v. State 981, Southwest 2nd, 846, 848.
[33:24.000 --> 33:27.000]  Again, Texas Appellate Court, 1st District.
[33:27.000 --> 33:30.000]  By Constitution and statute,
[33:30.000 --> 33:37.000]  Texas has firmly established a right to jury trial in all criminal proceedings regardless of punishment.
[33:37.000 --> 33:39.000]  Fine.
[33:39.000 --> 33:43.000]  I completely agree with that determination by the court.
[33:43.000 --> 33:50.000]  Now, show me the stupid black dress wearing moron that decided that the exact same language that cites
[33:50.000 --> 33:57.000]  the assistance of counsel requirement is somehow negated because of the punishment requirement.
[33:57.000 --> 34:04.000]  There's no more language in the Constitution or the statutes negating the right to counsel
[34:04.000 --> 34:12.000]  because you cannot be sent to jail versus can be than there is to deny the right to jury under the same circumstances.
[34:12.000 --> 34:16.000]  And yet, we sit peacefully by and go,
[34:16.000 --> 34:22.000]  oh, you mean I got to go get a lawyer and I can't get help unless I can afford one?
[34:22.000 --> 34:25.000]  That doesn't seem fair, but okay.
[34:25.000 --> 34:30.000]  Stop being sheep on, okay?
[34:30.000 --> 34:32.000]  These are our rights.
[34:32.000 --> 34:37.000]  Stop letting these idiots take them away as if they have the power to do so.
[34:37.000 --> 34:48.000]  The worst mistake ever made in judicial history was the people letting a judge rule that the courts
[34:48.000 --> 34:56.000]  are the only ones capable of interpreting the Constitution and the laws that were created under it.
[34:56.000 --> 34:58.000]  You know why?
[34:58.000 --> 35:08.000]  Because they themselves are a creature of the very same Constitution that they offer to interpret.
[35:08.000 --> 35:16.000]  This means that they get control of the meaning of the instrument that created them and gave them power.
[35:16.000 --> 35:21.000]  Talk about your frickin Frankenstein's monster.
[35:21.000 --> 35:28.000]  You give these people the authority to determine whether or not the rules apply to them,
[35:28.000 --> 35:34.000]  and guess how surprised you act when they start ruling?
[35:34.000 --> 35:37.000]  No, those rules don't apply to us.
[35:37.000 --> 35:43.000]  It's idiocy, and we're guilty of letting them get away with it for all this time.
[35:43.000 --> 35:52.000]  When are we going to stand up and say, that's it, you're done, game over for you?
[35:52.000 --> 35:56.000]  If we don't start doing that, folks, this is just going to get worse.
[35:56.000 --> 35:57.000]  It's not going to stop.
[35:57.000 --> 36:00.000]  It's going to continue on and on and on and on.
[36:00.000 --> 36:03.000]  No question about it.
[36:03.000 --> 36:07.000]  Now, let's look at another case here.
[36:07.000 --> 36:15.000]  State v. Fry, 846 SW 2nd, 433, 448, Texas Appellate, 14th District.
[36:15.000 --> 36:23.000]  The U.S. Supreme Court has defined the Sixth Amendment right to counsel to include not only the actual trial,
[36:23.000 --> 36:29.000]  but the certain pre-trial critical stages of criminal cases.
[36:29.000 --> 36:38.000]  Accordingly, the Sixth Amendment right to counsel attaches at the point in which the state initiates adversary judicial proceedings.
[36:38.000 --> 36:46.000]  Such proceedings include formal charge, preliminary hearing, indictment, information, or arraignment.
[36:46.000 --> 36:58.000]  Similarly, the Texas Court of Criminal Appeals has held that the filing of a criminal complaint constitutes the initiation of formal judicial criminal proceedings in Texas.
[36:58.000 --> 37:02.000]  Gillespie v. Rothgaery County, 2008.
[37:02.000 --> 37:07.000]  State v. Fry when they cite the case from the Supreme Court.
[37:07.000 --> 37:10.000]  Are they citing Gillespie in this case?
[37:10.000 --> 37:16.000]  No, because this case was decided in 1995.
[37:16.000 --> 37:25.000]  So they're not even referencing the U.S. Supreme Court case on Gillespie v. Rothgaery County where it says, or Rothgaery v. Gillespie County, sorry,
[37:25.000 --> 37:38.000]  where the Supreme Court said that we have the right to assistance of counsel even at the 1517 Magistration or any other adversarial proceeding of any kind.
[37:38.000 --> 37:46.000]  And yet we're still being denied not only the assistance of counsel, but we're now being denied the 1517 hearing,
[37:46.000 --> 37:51.000]  which Texas law specifically requires them to do.
[37:51.000 --> 37:57.000]  Talk about just ignoring every magisterial duty they have.
[37:57.000 --> 38:03.000]  And we just read the case law that says these procedural rules are to be treated as law.
[38:03.000 --> 38:09.000]  And when there is a clear duty to abide by that law, these people must do so.
[38:09.000 --> 38:14.000]  I mean, let's see. Let's go to 2.03 real quick. You'll love this.
[38:14.000 --> 38:20.000]  Let's talk about what that prosecuting attorney is supposed to do when he is directed by law to do it.
[38:20.000 --> 38:27.000]  Randy and I have talked about this many times over.
[38:27.000 --> 38:32.000]  All right. In 2.03, that's the neglect of duty for the district or county attorney.
[38:32.000 --> 38:36.000]  This case is Miller v. State.
[38:36.000 --> 38:45.000]  Okay. And it is 874, Southwest 2908, 916, Texas Court of Appeals, 1st District.
[38:45.000 --> 38:54.000]  The district attorney has a duty to present to the grand jury any information of official misconduct by an officer.
[38:54.000 --> 39:02.000]  Right there, the Texas court says that attorney has a duty to present.
[39:02.000 --> 39:07.000]  Yet the one over in Nacogdoches in my town, I interpret that differently.
[39:07.000 --> 39:13.000]  I don't give a crap how you interpret it. You're not the one in charge here.
[39:13.000 --> 39:20.000]  The courts above you said you will do it. You don't have the option of saying no.
[39:20.000 --> 39:27.000]  Let's look at Randall v. State, 826, Southwest 2nd, 943, 946.
[39:27.000 --> 39:35.000]  The officers of the court have a duty to ensure a fair trial and a duty not to impair the presumption of innocence.
[39:35.000 --> 39:42.000]  A pellets attorney fulfilled his duty by objecting in a timely fashion to his client being placed before the jury in jail clothing.
[39:42.000 --> 39:52.000]  By forcing a pellet to trial in jail clothing, in jail clothes, the court and its officers failed in their duty to preserve his presumption of innocence.
[39:52.000 --> 39:58.000]  This is just some of the crap they pull on these people going into these courts.
[39:58.000 --> 40:09.000]  Brian Hazard, who comes to our class, was arrested last night in Williamson County because he opted to do on his automobile what I've done on mine.
[40:09.000 --> 40:16.000]  And I told him to be sure that he was prepared for this fight before he initiated it. Let's hope he was.
[40:16.000 --> 40:26.000]  But in any case, they go through, they seize him, arrest him, take him directly to jail, held him for 18 hours.
[40:26.000 --> 40:36.000]  Then, when they magistrated him, if that's what they actually did, they did it with him, secreted away in the jail,
[40:36.000 --> 40:46.000]  along with the court being secreted away in the jail, and the public only able to view the court through a video system.
[40:46.000 --> 40:55.000]  Problem, Texas Constitution says, all courts shall be open.
[40:55.000 --> 41:05.000]  Not all video links to courts shall be open, but the court itself shall be open.
[41:05.000 --> 41:15.000]  So if you have a security problem with having the court in the jail, then my suggestion, people, is take the court out of the dad blame jail
[41:15.000 --> 41:21.000]  so the public can do what they have a right to do and enter the court.
[41:21.000 --> 41:27.000]  So they can ensure that the proceedings are legitimate.
[41:27.000 --> 41:35.000]  This broadcasted crap that the legislature has put into place violates the Texas Constitution every way you can think of.
[41:35.000 --> 41:49.000]  It violates the due process protective rights of the accused and the general public to ensure a fair hearing and a fair proceeding and a fair trial.
[41:49.000 --> 42:04.000]  If both do not have access to an open court, that can be faked any way you want to fake it to make it appear one way when in fact something entirely underhanded is being done.
[42:04.000 --> 42:07.000]  Does the legislature even appear to care?
[42:07.000 --> 42:10.000]  No.
[42:10.000 --> 42:14.000]  Now we can assume there's a couple of reasons for this.
[42:14.000 --> 42:16.000]  One, they're ignorant.
[42:16.000 --> 42:19.000]  Two, they're willfully ignorant.
[42:19.000 --> 42:24.000]  Three, they're just plain stupid and can't even read the Constitution.
[42:24.000 --> 42:28.000]  My experience leads me to home right in on number three.
[42:28.000 --> 42:30.000]  How do I come to that conclusion?
[42:30.000 --> 42:33.000]  I've testified before these committees.
[42:33.000 --> 42:39.000]  Not a single one of them looked like they'd ever read the Constitution when you mentioned, hey, this bill you're trying to pass.
[42:39.000 --> 42:44.000]  How do you figure it does not violate articles such and such, sections such and such?
[42:44.000 --> 42:55.000]  How do you reconcile this bill's language with that constitutional prohibition saying you can't do that?
[42:55.000 --> 42:57.000]  How do you do it?
[42:57.000 --> 43:00.000]  Oh, well, I guess we hadn't thought about that.
[43:00.000 --> 43:02.000]  Duh.
[43:02.000 --> 43:03.000]  Okay.
[43:03.000 --> 43:06.000]  These people should not be elected.
[43:06.000 --> 43:07.000]  Okay.
[43:07.000 --> 43:10.000]  They shouldn't be elected at all.
[43:10.000 --> 43:17.000]  In fact, they should be under strict supervision by an actual adult.
[43:17.000 --> 43:35.000]  Because it's obvious they have not done a single adult responsible thing in knowing what their job's duties are and what the constitutional limitations on those duties are and what service to the people actually is.
[43:35.000 --> 43:37.000]  They're way off base.
[43:37.000 --> 43:42.000]  So far in left field, we need the Hubble telescope to see it.
[43:42.000 --> 43:44.000]  All right, Paul, Eli, we see you on the board.
[43:44.000 --> 43:46.000]  We'll get to you after this break.
[43:46.000 --> 43:47.000]  This is rule of law radio.
[43:47.000 --> 43:51.000]  The call in number is 512-646-1984.
[43:51.000 --> 43:52.000]  Just hang in there, folks.
[43:52.000 --> 44:00.000]  We'll be right back after the break.
[44:00.000 --> 44:07.000]  Are you the plaintiff or defendant in a lawsuit?
[44:07.000 --> 44:15.000]  The affordable, easy-to-understand four-CD course that will show you how in 24 hours, step-by-step.
[44:15.000 --> 44:19.000]  If you have a lawyer, know what your lawyer should be doing.
[44:19.000 --> 44:23.000]  If you don't have a lawyer, know what you should do for yourself.
[44:23.000 --> 44:28.000]  Thousands have won with our step-by-step course, and now you can, too.
[44:28.000 --> 44:34.000]  A court hearing was created by a licensed attorney with 22 years of case-winning experience.
[44:34.000 --> 44:43.000]  Even if you're not in a lawsuit, you can learn what everyone should understand about the principles and practices that control our American courts.
[44:43.000 --> 44:52.000]  You'll receive our audio classroom, video seminar, tutorials, forms for civil cases, pro se tactics, and much more.
[44:52.000 --> 45:01.000]  Please visit ruleoflawradio.com and click on the banner or call toll-free 866-LAW-EZ.
[45:01.000 --> 45:05.000]  The Oklahoma City Bombing, top 10 reasons to question the official story.
[45:05.000 --> 45:09.000]  Reason number one, John Doe number two, and other accomplices.
[45:09.000 --> 45:17.000]  On the day of the bombing, nearly all of the witnesses that saw Tim McVeigh and the Ryder truck report that he was accompanied by other perpetrators.
[45:17.000 --> 45:24.000]  The FBI and federal prosecutors insist that Tim McVeigh alone delivered the Ryder truck bomb to the Murrah Building and detonated it.
[45:24.000 --> 45:32.000]  The only witness the government produced to place McVeigh at the building that morning, Dana Bradley, who lost her children and one of her legs in the bombing,
[45:32.000 --> 45:38.000]  testified that she saw McVeigh with another man, the papal John Doe number two, exiting the Ryder truck.
[45:38.000 --> 45:44.000]  While at least 15 other witnesses claim to have seen McVeigh with other perpetrators the day of the bombing,
[45:44.000 --> 45:50.000]  no less than 226 witnesses placed him with other men in the days before the bombing,
[45:50.000 --> 45:56.000]  including when he rented the Ryder truck, and in some cases have positively identified the other perpetrators.
[45:56.000 --> 46:19.000]  For more information, please visit okcbombingtruth.com.
[46:19.000 --> 46:27.000]  Hi folks, we are back. This is Rule of Law Radio. This is Eddie Craig, Debra Stephens, and Andy Kelton, our Monday Night Traffic Show.
[46:27.000 --> 46:35.000]  We have Walton Eli on the caller board. And before we get to these guys, I just want to say real quick, yes, I rant, I rave,
[46:35.000 --> 46:43.000]  I do get passionate and emotional about these issues, but dad gummit, I'm sick of being pushed around by those that are supposed to be working for me instead of against me.
[46:43.000 --> 46:52.000]  If you're not in that same boat, you're listening to the wrong show. Alright, that being said, let's go to Walt.
[46:52.000 --> 46:54.000]  Ed and Walt, what can we do for you?
[46:54.000 --> 47:00.000]  Hi Eddie, hi Debra. I want to just say something quick and ask two quick questions.
[47:00.000 --> 47:09.000]  First of all, God bless Randy Kelton with the ability to be successful with his appeal against that railroad job that he got.
[47:09.000 --> 47:19.000]  And my first question is to Debra. Debra, about a month ago I sent you a small donation for Eddie for the case he's preparing,
[47:19.000 --> 47:30.000]  and my bank hasn't been drawn on it, and I was wondering if you ever got my letter with a check and that's my first question.
[47:30.000 --> 47:37.000]  Debra may be screening another call right now, Walt. She may not be able to hear your question. Go ahead and ask the second one and we'll get back to that one.
[47:37.000 --> 47:49.000]  Okay. Second question, Eddie, is regarding Assistant District Attorney. I had a trespassing problem and the cops are giving me a run around.
[47:49.000 --> 47:57.000]  Okay, wait, wait, wait, wait. Can you clarify what you mean by trespassing problem? Were you charged with trespassing or was someone trespassing on your property?
[47:57.000 --> 48:07.000]  I rent an apartment and I also rent a carport. This guy is driving his motorcycle through my carport, almost crashing into the back of my car,
[48:07.000 --> 48:15.000]  because there's a post that holds a roof up and I push my car forward as far as I can and there's about a five foot space.
[48:15.000 --> 48:21.000]  He drives the motorcycle through there to arc around to his carport so he doesn't have to drive straight in his own carport.
[48:21.000 --> 48:28.000]  Two carports to the right of me. So anyway, I asked the cops what my rights were and they were telling me goofy stuff like,
[48:28.000 --> 48:36.000]  well, they're saying, well, that's not really trespassing because it's a common area. I said, well, it's my space that I pay for.
[48:36.000 --> 48:38.000]  I said, if they...
[48:38.000 --> 48:44.000]  But he's not occupying it, Walt. He's just passing through it. They are right that it is a common area.
[48:44.000 --> 48:52.000]  Well, no, each one is numbered. Each space is numbered. He can't... That's irrelevant. It's in a commonly accessible public area.
[48:52.000 --> 48:58.000]  No, no, it's not. Each car has their own space. It's only your...
[48:58.000 --> 49:04.000]  Walt, Walt, I understand what you're trying to insinuate. I'm telling you, it doesn't work that way.
[49:04.000 --> 49:09.000]  Well, I talked to the landlord, too, and they told the guy to stop it.
[49:09.000 --> 49:11.000]  Okay, that's fine.
[49:11.000 --> 49:21.000]  Well, but if you... But anyway, when I called the police and everything, I went to the district attorney, the assistant district attorney,
[49:21.000 --> 49:26.000]  and asked him a question about the law, what the law is on that. He wouldn't answer my question.
[49:26.000 --> 49:30.000]  So if I wanted to bar grieve the assistant district attorney, could I do that?
[49:30.000 --> 49:34.000]  What are you going to bar grieve him for, not telling you what the law is?
[49:34.000 --> 49:35.000]  Yes.
[49:35.000 --> 49:42.000]  Can't do that. He's not obligated to tell you what the law is. You're perfectly capable of reading.
[49:42.000 --> 49:48.000]  Well, how about if he wouldn't address it? Say it was trespassing, and he wouldn't address the problem that I called him on.
[49:48.000 --> 49:54.000]  Did someone file a complaint with him that he had to address, and is it within his jurisdiction?
[49:54.000 --> 49:57.000]  Does the district attorney handle misdemeanor trespass?
[49:57.000 --> 50:05.000]  Well, what I did was, after he wouldn't discuss it with me, first he did for a while,
[50:05.000 --> 50:11.000]  and he apologized for another one of his office district attorney assistants for hanging up on me.
[50:11.000 --> 50:18.000]  He apologized for that. And then he says, I can't talk about the specifics. He didn't want to discuss it.
[50:18.000 --> 50:25.000]  So I sent him a diagram and a letter showing him what happens. He didn't answer my letter.
[50:25.000 --> 50:33.000]  I just asked him for his help. He refused to answer. So I called the attorney grievance committee,
[50:33.000 --> 50:41.000]  and what they did at he was, first of all, he says, the way you get rid of the problem is you vote these people out of office.
[50:41.000 --> 50:53.000]  And also, he says, go see a private attorney, which means you've got to pay protection money for something that the local law enforcement
[50:53.000 --> 50:55.000]  is supposed to be doing first.
[50:55.000 --> 51:02.000]  Okay, wait, wait, wait. Walt, what is the authority of a county or district attorney?
[51:02.000 --> 51:06.000]  I thought they helped enforce the law.
[51:06.000 --> 51:17.000]  No, they criminally prosecute law breakers, but it has to be a violation of a criminal law for them to do anything.
[51:17.000 --> 51:25.000]  You're asking them to help you in a situation over which they have zero jurisdiction.
[51:25.000 --> 51:35.000]  Nor is he under any obligation to answer your letter requesting help in an area where he can't help you anyway.
[51:35.000 --> 51:45.000]  He's being paid to help the general public by fighting crime through prosecution, not to answer letters in areas where he doesn't have any authority.
[51:45.000 --> 51:51.000]  I would much rather he spend this time doing what he's paid to do.
[51:51.000 --> 51:58.000]  Okay, what you're wanting to solve is a civil issue. He doesn't have any authority to address it.
[51:58.000 --> 51:59.000]  Okay.
[51:59.000 --> 52:00.000]  None.
[52:00.000 --> 52:08.000]  All right, now as far as the first question goes, is there any way I can find out what happened if Deborah ever got my check or if it's lost in the mail?
[52:08.000 --> 52:10.000]  Deborah, are you where you can hear us?
[52:10.000 --> 52:15.000]  Yes, I was screening a call. I'm very shorthanded on help right now.
[52:15.000 --> 52:18.000]  Okay, ask your question again, please.
[52:18.000 --> 52:24.000]  Oh yeah, Deborah, about a month ago I sent you a small bill nation for Eddie's case that he's preparing.
[52:24.000 --> 52:25.000]  Okay.
[52:25.000 --> 52:31.000]  And it never got drawn on my bank account and I was wondering if it got lost or did you ever get my mail?
[52:31.000 --> 52:38.000]  I don't know. I'll have to look through the letters. I thought that I had pulled out all the checks from letters I'd received and cashed them, but I will go back and look.
[52:38.000 --> 52:41.000]  Because I sent it October 1st, yeah.
[52:41.000 --> 52:52.000]  Okay, well like I said, I'll have to go back and look. I thought I had pulled out all the checks from letters, but yeah, if you could just send me an email about that, then I'll be able to respond, okay?
[52:52.000 --> 52:54.000]  All right, good night, folks. Thank you.
[52:54.000 --> 52:55.000]  Okay.
[52:55.000 --> 52:56.000]  Bye.
[52:56.000 --> 53:02.000]  Okay, we are going to go on now to Evan in Texas.
[53:02.000 --> 53:07.000]  Okay, Evan, thank you for calling in. What is your question or comment for us tonight?
[53:07.000 --> 53:24.000]  Well, I actually have a couple of questions. My first question is, if you're in an apartment complex and can they actually like stick your car for towing if it's in a designated parking area, then there's nothing wrong with it.
[53:24.000 --> 53:28.000]  Well, what was the grounds they gave you for towing the car?
[53:28.000 --> 53:33.000]  Well, it says the registration was out and that was...
[53:33.000 --> 53:39.000]  Who is they? Who told the car, the city or the property owner of the apartment complex?
[53:39.000 --> 53:54.000]  It is the property owner of the complex, and they didn't tell it. They just put the sticker on it and said that, you know, we're going to tell it in this stage, and then it was only a few days notice, and we were able to fix the car within that time.
[53:54.000 --> 54:01.000]  Okay, first off, who gave the apartment complex the authority to enforce registration?
[54:01.000 --> 54:07.000]  No one. It didn't even give me a number of the towing company or anything that was going on.
[54:07.000 --> 54:12.000]  Wait, Evan, you're missing the point of the question here. You're in Texas, right?
[54:12.000 --> 54:13.000]  Yes, sir.
[54:13.000 --> 54:16.000]  And so was the car that got towed, right?
[54:16.000 --> 54:18.000]  Yes, sir.
[54:18.000 --> 54:26.000]  Okay, who gave the apartment complex the authority to enforce Texas law regarding registration?
[54:26.000 --> 54:29.000]  I am not aware of any such...
[54:29.000 --> 54:40.000]  Well, that's because there isn't one. Now, the next question, was the car the one that you had registered with the apartment complex as being the one that belonged to you as a resident?
[54:40.000 --> 54:42.000]  Yes, it was.
[54:42.000 --> 54:51.000]  Okay, so they knew the car belonged there properly to an actual resident living in the apartment complex?
[54:51.000 --> 54:52.000]  Mm-hmm.
[54:52.000 --> 55:09.000]  Okay, so that being said, is there anything specifically in your lease agreement regarding the requirement to maintain registration on all automobiles that you're parking on the property as being a resident with the complex?
[55:09.000 --> 55:17.000]  That leads to my second question. They never actually sent us a copy of our lease agreement. Is that...
[55:17.000 --> 55:20.000]  Then go to the office and get one. That's not difficult.
[55:20.000 --> 55:23.000]  Okay.
[55:23.000 --> 55:28.000]  And basically, if it says it in there, then there's nothing I can do about it if it would have gotten to...
[55:28.000 --> 55:31.000]  That's not true.
[55:31.000 --> 55:47.000]  There has to be some reasonable reason for them to remove the car. They can tell you, hey, you need to do that, but they can't arbitrarily remove your car unless it's specifically written into that lease agreement and you authorized it.
[55:47.000 --> 55:48.000]  Okay.
[55:48.000 --> 55:58.000]  So if you don't permit that car under any conditions without your consent through contract or verbal agreement, that's theft.
[55:58.000 --> 56:11.000]  Yeah, that's why you have to check the lease agreement, Evan, because if it says in the lease agreement that you agree that you are giving them permission to tow your car if it's not registered, well, then you've already agreed to it.
[56:11.000 --> 56:13.000]  That's the problem.
[56:13.000 --> 56:17.000]  Yeah, I would do that. I didn't see anything to that, but I guess we should try to get a copy of that.
[56:17.000 --> 56:19.000]  You have to get the copy of the lease agreement, yeah.
[56:19.000 --> 56:20.000]  Okay.
[56:20.000 --> 56:36.000]  Now, if it just simply says something to the effect of residents may not keep unregistered vehicles on the property that still doesn't necessarily give them the authority to tow the car, but they certainly could have evicted you over it if you're breaking the terms of the lease.
[56:36.000 --> 56:39.000]  Or at least ask you to remove the property.
[56:39.000 --> 56:54.000]  Right, exactly. But if you signed a lease that says that you are specifically authorizing them to remove the car, if it's unregistered after they've noticed you, well, then, no, there's nothing you can do.
[56:54.000 --> 57:07.000]  Now, remember, they cannot give you an add-on sheet that does not contain a signature or your initials for the conditions on it and state that that is a part of the agreement.
[57:07.000 --> 57:18.000]  It must be in the contract. It can't just be a separate sheet of paper that says, here's some other rules and conditions that we implemented that you never agreed to.
[57:18.000 --> 57:21.000]  Yeah.
[57:21.000 --> 57:22.000]  Okay.
[57:22.000 --> 57:23.000]  Uh-huh.
[57:23.000 --> 57:31.000]  So look at the lease agreement. Regardless of what else they give you, what is in the document you signed?
[57:31.000 --> 57:32.000]  Okay.
[57:32.000 --> 57:50.000]  Now, when that's done and it's not there, then you send the notice of tort to the towing company and you send the notice of tort to the complex and let them know that you're going to sue them both for theft.
[57:50.000 --> 57:51.000]  Okay.
[57:51.000 --> 58:13.000]  And since it's theft in excess of $1,500, that's a state jail felony in Texas. So you can press criminal charges for that as well against whoever was running the office, whoever posted the sticker on your car, and whoever runs the tow truck and the company it operates on.
[58:13.000 --> 58:14.000]  Wow.
[58:14.000 --> 58:17.000]  Got it?
[58:17.000 --> 58:20.000]  Okay. You done or do we need to continue?
[58:20.000 --> 58:27.000]  I think that's great. And I'm just, you know, glad to hear someone on the radio that can, you know, get some things straight with us. Thank you.
[58:27.000 --> 58:30.000]  Well, we do our best. Thank you for calling in.
[58:30.000 --> 58:31.000]  Thank you.
[58:31.000 --> 58:38.000]  All right, folks. Evan was our last caller. If you don't call in over the break, you're going to have to listen to me read some more.
[58:38.000 --> 58:48.000]  So call in 512-646-1984. This is Eddie Craig, Deborah Stevens, Randy Kelton, Rule of Law Radio. We will be right back.
[58:48.000 --> 58:50.000]  We'll be right back.
[59:18.000 --> 59:23.000]  We'll be right back.
[59:49.000 --> 59:55.000]  That's 888-551-0102.
[59:55.000 --> 01:00:00.000]  Or visit us online at bfa.org.
[01:00:00.000 --> 01:00:29.000]  This news brief brought to you by the International Newsnet.
[01:00:30.000 --> 01:00:45.000]  The website Crooks and Liars reported Monday the New York Police Department is encouraging intoxicated people found drinking in city parks to quote, take it to Zuccotti Park, where anti-Wall Street protesters are camped.
[01:00:45.000 --> 01:00:58.000]  Police have refused to intervene on numerous occasions when drunk or mentally imbalanced people have caused disturbances in Zuccotti, citing the First Amendment right to freedom of speech.
[01:00:58.000 --> 01:01:11.000]  New York Mayor Michael Bloomberg, hosting a black-tied dinner Sunday for bipartisan senators and corporate leaders, urged Congress's Super Committee to go big and cut $4 trillion in federal spending.
[01:01:11.000 --> 01:01:22.000]  Meanwhile, Occupy Wall Street protesters camped at Liberty Park are fighting for a say in how the economy is run. Super Committee meetings are usually held behind closed doors.
[01:01:22.000 --> 01:01:32.000]  A Kenyan air raid Sunday on a Somali refugee camp killed at least five people and wounded 45, mostly children and women.
[01:01:32.000 --> 01:01:44.000]  Utam Chatterjee, with Doctors Without Borders, said quote, in our hospital in Morari, we received 31 children, nine women and five men, all with shrapnel injuries.
[01:01:44.000 --> 01:01:52.000]  Kenyan troops crossed into Somalia two weeks ago, saying their mission was to hunt down Al Shaba fighters who'd kidnapped people in Kenya.
[01:01:52.000 --> 01:01:58.000]  But a Kenyan official admitted last week the invasion had been planned months before the kidnappings.
[01:01:58.000 --> 01:02:04.000]  Kenya's decision to send troops into Somalia initially appeared to have the backing of the Somali government.
[01:02:04.000 --> 01:02:15.000]  But Somali President Sharif Sheikh Ahmed has since complained Kenya had no mandate to send its forces. The Kenyan military has no date for withdrawing from Somalia.
[01:02:15.000 --> 01:02:28.000]  The UN Educational, Scientific and Cultural Organization voted Monday to admit Palestine as a member, a move which will likely prompt the US government to cut off $80 million in annual funding.
[01:02:28.000 --> 01:02:37.000]  The decision grants full membership to Palestine, allowing it to register certain sites, like the Church of the Nativity in UNESCO's World Heritage Register.
[01:02:37.000 --> 01:02:44.000]  It's a small victory for the Palestine Liberation Organization, which filed a bid last month for full UN membership.
[01:02:44.000 --> 01:02:56.000]  The vote will likely trigger a 1990 US law barring the US from funding any UN agencies, which are called the Palestine Liberation Organization, the same standing as member states.
[01:02:56.000 --> 01:03:03.000]  The Palestinian bid has been stored for weeks at the UN Security Council and is certain to be vetoed by the US.
[01:03:26.000 --> 01:03:36.000]  It's all according to the will of the Almighty.
[01:03:36.000 --> 01:03:51.000]  I read his book and it says he cares for the unsightly. These warmongers come by that term right there.
[01:03:51.000 --> 01:04:00.000]  I will pay for the war with my life. I ain't gonna pay for the car with my money.
[01:04:00.000 --> 01:04:08.000]  Alright folks, we are back at the Cruel of All Radio. This is Eddie Craig, Debra Steven, Randy Kelton, and this is the Monday Night Fabric Night Show.
[01:04:08.000 --> 01:04:20.000]  We are talking to you live on Halloween 2011. Talk about scary, go to any courtroom and you can see somebody that's not even in makeup that will make your blood chill.
[01:04:20.000 --> 01:04:31.000]  They call them magistrates and judges, bigger crooks than anybody that stands in front of them. If you don't believe that, go to court.
[01:04:31.000 --> 01:04:37.000]  Alright, right now we're going to go to Clint in Texas. Evening Clint, what can we do for you?
[01:04:37.000 --> 01:04:43.000]  Good evening Eddie. I heard that Brian's in jail. What's the news on that?
[01:04:43.000 --> 01:04:52.000]  He was arrested last night. He got out today. Ray Munez actually has some details and you can also call Brian to get more.
[01:04:52.000 --> 01:04:59.000]  But at the moment he is out. They did tow his car. Whether or not he's gotten it back yet today, I do not know.
[01:04:59.000 --> 01:05:03.000]  I think they have that they had it actually towed to their house.
[01:05:03.000 --> 01:05:18.000]  So right now he's out. He's wanting to know what to do next. That is a topic for off air of course, but at the moment he's pretty much sitting there wondering where to go from here.
[01:05:18.000 --> 01:05:26.000]  Well, Matt, good for Brian. He's a brave man for doing that.
[01:05:26.000 --> 01:05:33.000]  Oh, no doubt about it. I just wish he had actually been better prepared for this knowing what was coming.
[01:05:33.000 --> 01:05:38.000]  It's one thing to expect to get arrested. It's another thing to be prepared to counter what they do.
[01:05:38.000 --> 01:05:42.000]  And he was not prepared for that that much. I know.
[01:05:42.000 --> 01:05:47.000]  So folks, I'm going to I'm going to forewarn you this right now.
[01:05:47.000 --> 01:05:53.000]  If you're going to try to do what I'm doing with my car, then you need to be better prepared than this.
[01:05:53.000 --> 01:05:59.000]  Okay, he filed a lot of paperwork. He had a lot of documents in hand, none of which these cops are going to take.
[01:05:59.000 --> 01:06:03.000]  So it doesn't do you good to handle me a stack of paper. They're not going to take it.
[01:06:03.000 --> 01:06:10.000]  That's why my notice is only one little set of pages and that's the only thing I offer them. Nothing else.
[01:06:10.000 --> 01:06:13.000]  They're not going to take a stack of papers from you.
[01:06:13.000 --> 01:06:21.000]  The other problem here is that once they've got you, what are you doing to go back after them via a lawsuit?
[01:06:21.000 --> 01:06:25.000]  Well, you have a written one. You don't even have an outline of one prepared.
[01:06:25.000 --> 01:06:32.000]  You're not prepared to take this fight to them. That's the whole point of what I'm trying to teach people how to do.
[01:06:32.000 --> 01:06:39.000]  Do not put yourself in harm's way until you're properly outfitted to fight the fight from beginning to end.
[01:06:39.000 --> 01:06:43.000]  Got it? Anyway, Clint, what else did you have to ask?
[01:06:43.000 --> 01:06:48.000]  Oh, that's all I got. I'll leave you to it. All right. Good night.
[01:06:48.000 --> 01:06:52.000]  Thank you, Clint. Appreciate it a lot. You're welcome.
[01:06:52.000 --> 01:06:57.000]  All right. Deborah is anonymous, actually anonymous.
[01:06:57.000 --> 01:07:00.000]  A little soom so and go to the car.
[01:07:00.000 --> 01:07:02.000]  I'm sorry. What was that, Eddie?
[01:07:02.000 --> 01:07:05.000]  I was asking if anonymous was actually anonymous.
[01:07:05.000 --> 01:07:09.000]  Yes, yes. That's the name that was given to me when I screened the call. Sorry about that.
[01:07:09.000 --> 01:07:13.000]  Okay. Anonymous. Let's go. What can we do for you?
[01:07:13.000 --> 01:07:20.000]  Yeah, I got a notice of attachment on my car for parking right away.
[01:07:20.000 --> 01:07:24.000]  A notice of attachment? What state are you in?
[01:07:24.000 --> 01:07:28.000]  I'm not in a state. I'm in a country called Florida.
[01:07:28.000 --> 01:07:36.000]  Okay. And what is the country's statute on what constitutes attachment?
[01:07:36.000 --> 01:07:43.000]  Parking of a storage in a residential right away. And she legislated and wrote her own.
[01:07:43.000 --> 01:07:49.000]  She wrote in unlicensed vehicle, expired tag on it.
[01:07:49.000 --> 01:07:52.000]  Residential right of way?
[01:07:52.000 --> 01:07:57.000]  Yeah. Parking or storage in a residential right away.
[01:07:57.000 --> 01:08:03.000]  And she wrote in on that unlicensed vehicle, expired tag.
[01:08:03.000 --> 01:08:07.000]  Okay. She being? Code enforcement.
[01:08:07.000 --> 01:08:13.000]  Code enforcement. Okay. Is the place for this?
[01:08:13.000 --> 01:08:17.000]  Okay. So let me ask you a question. What is your question?
[01:08:17.000 --> 01:08:22.000]  Well, they told it away without my consent.
[01:08:22.000 --> 01:08:32.000]  They called two police officers with armed and threatened to arrest me if I didn't let them tell it.
[01:08:32.000 --> 01:08:38.000]  Okay. So who are you suing first?
[01:08:38.000 --> 01:08:44.000]  I don't know how to sue them. They wouldn't give no names.
[01:08:44.000 --> 01:08:52.000]  Couldn't find my car, looked in the newspaper for it to show up in there and never show it up.
[01:08:52.000 --> 01:08:55.000]  Who do they work for?
[01:08:55.000 --> 01:09:03.000]  Code enforcement. I don't know. Code enforcement called the police and if I want to let them tell it.
[01:09:03.000 --> 01:09:08.000]  Okay. Wait, wait, wait. Hang on just a second. There has to be some level of common sense applied here.
[01:09:08.000 --> 01:09:12.000]  Code enforcement in what city?
[01:09:12.000 --> 01:09:14.000]  Fort Lauderdale.
[01:09:14.000 --> 01:09:20.000]  Then what city does code enforcement work for?
[01:09:20.000 --> 01:09:23.000]  I don't know.
[01:09:23.000 --> 01:09:27.000]  It would kind of have to be the one they're in, wouldn't it?
[01:09:27.000 --> 01:09:30.000]  Well, they called the police.
[01:09:30.000 --> 01:09:34.000]  Wait, wait, wait. Not the question I asked you.
[01:09:34.000 --> 01:09:38.000]  They're in this city you just named, correct?
[01:09:38.000 --> 01:09:47.000]  Is this a state code enforcement or municipal code enforcement?
[01:09:47.000 --> 01:09:50.000]  I'm assuming a municipal.
[01:09:50.000 --> 01:09:53.000]  Do you have the piece of paper they gave you?
[01:09:53.000 --> 01:09:57.000]  I got to notice the sticker, the orange sticker that was on the window.
[01:09:57.000 --> 01:10:02.000]  I filled it off and they towed it a few days later.
[01:10:02.000 --> 01:10:08.000]  I've seen them up there trying to tow it and I went in there and stopped them.
[01:10:08.000 --> 01:10:11.000]  So they called the tow truck and blocked it in.
[01:10:11.000 --> 01:10:15.000]  When I got my tow truck trying to remove it, they went, let me remove it with my tow truck.
[01:10:15.000 --> 01:10:21.000]  So they called the police and let them take it and they threatened to throw me in jail if I didn't let them take it.
[01:10:21.000 --> 01:10:24.000]  Okay, again, who's police?
[01:10:24.000 --> 01:10:26.000]  Fort Lauderdale.
[01:10:26.000 --> 01:10:29.000]  Okay, Fort Lauderdale.
[01:10:29.000 --> 01:10:31.000]  So they didn't give you a ticket?
[01:10:31.000 --> 01:10:34.000]  They just took your car without a ticket or anything?
[01:10:34.000 --> 01:10:36.000]  That's correct.
[01:10:36.000 --> 01:10:41.000]  Okay, then I would start with the Fort Lauderdale Police Department.
[01:10:41.000 --> 01:10:49.000]  I would start with the City of Fort Lauderdale and I would start with the City of Fort Lauderdale Code Enforcement.
[01:10:49.000 --> 01:10:57.000]  Now, if you don't know how to sue them, then you need to get your hands on the Jurisdictionary Course so you'll know how to do that.
[01:10:57.000 --> 01:11:04.000]  Fortunately for you, the attorney that wrote it is in Florida and he's practiced in Florida his whole career.
[01:11:04.000 --> 01:11:06.000]  What's his name?
[01:11:06.000 --> 01:11:09.000]  Dr. Frederick Graves.
[01:11:09.000 --> 01:11:15.000]  But he is retired, he's not going to take the case for you.
[01:11:15.000 --> 01:11:25.000]  But he made a course specifically for pro se litigants to know how to file suit and win their suit.
[01:11:25.000 --> 01:11:28.000]  You got his telephone number?
[01:11:28.000 --> 01:11:34.000]  You can order it off the website, the Rule of Law Radio website.
[01:11:34.000 --> 01:11:38.000]  Okay, and that was say Dr. Webb?
[01:11:38.000 --> 01:11:41.000]  Jurisdictionary.
[01:11:41.000 --> 01:11:43.000]  Jurisdictionary.
[01:11:43.000 --> 01:11:55.000]  Yeah, if you go to the website, you can scroll down to where you'll see when your case without an attorney, where all the banners are on the website.
[01:11:55.000 --> 01:12:05.000]  If you just scroll a little ways down, it's the first banner on the list of banners on the left underneath where I'm selling my CDs, Route 1 and 3 Shoes Posse.
[01:12:05.000 --> 01:12:09.000]  My two band CDs, it's right underneath that on the left.
[01:12:09.000 --> 01:12:11.000]  Win your lawsuit without a lawyer.
[01:12:11.000 --> 01:12:13.000]  Jurisdictionary course.
[01:12:13.000 --> 01:12:15.000]  Okay, thank you.
[01:12:15.000 --> 01:12:21.000]  Okay, great.
[01:12:21.000 --> 01:12:22.000]  Okay.
[01:12:22.000 --> 01:12:24.000]  Okay, Eddie, I guess more reading now.
[01:12:24.000 --> 01:12:36.000]  Well, all right, folks, call in numbers 512-646-1984. I warned you if you didn't stay on the board, I was going to have to go back to reading and now you've made me have to do that.
[01:12:36.000 --> 01:12:42.000]  All right, let's continue on with a little bit more of this case law out of the code of criminal procedure, okay?
[01:12:42.000 --> 01:12:50.000]  It's really interesting stuff when you read this and have to make the determination that most judges are idiots.
[01:12:50.000 --> 01:12:55.000]  And if they're not idiots, they're on something.
[01:12:55.000 --> 01:13:06.000]  Usually, I would consider them to be completely high on their own arrogant power, but in some cases, it's obviously got to be controlled substance of some kind.
[01:13:06.000 --> 01:13:12.000]  I mean, when you read some of these opinions, it is very, very obvious there is an open bar somewhere.
[01:13:12.000 --> 01:13:14.000]  All right.
[01:13:14.000 --> 01:13:21.000]  Now, let's look at 1.06, some case law on searches and seizures.
[01:13:21.000 --> 01:13:24.000]  Let's see what these guys had to say about this.
[01:13:24.000 --> 01:13:38.000]  There is a case here called Corbin v. State, 85 Southwest 3rd 272, 276-77, Texas Criminal Appeals 2002.
[01:13:38.000 --> 01:13:48.000]  And it reads, the Supreme Court has characterized a police officer's job as encompassing a community caretaking function.
[01:13:48.000 --> 01:14:01.000]  A police officer may not properly invoke his community caretaking function if he is not primarily motivated by a non-community caretaking purpose,
[01:14:01.000 --> 01:14:07.000]  or if he is primarily motivated by a non-community caretaking purpose.
[01:14:07.000 --> 01:14:12.000]  Now, I'll leave it up to you to figure out exactly what they mean by community caretaking purpose.
[01:14:12.000 --> 01:14:26.000]  But here what it sounds like to me is, if the officer is acting for any reason other than the motivational necessity to protect the public right to life, liberty and property,
[01:14:26.000 --> 01:14:30.000]  then his motivation is not authorized.
[01:14:30.000 --> 01:14:33.000]  That's what this sounds like it's saying to me.
[01:14:33.000 --> 01:14:43.000]  Now, to continue, once it is determined that an officer is primarily motivated by his community caretaking function,
[01:14:43.000 --> 01:14:51.000]  it must then be determined whether the officer's belief that the defendant needs help is reasonable.
[01:14:51.000 --> 01:15:00.000]  14 guys kicking the crap out of you in a dark alley, he has to evaluate whether or not his assistance being applied is reasonable.
[01:15:00.000 --> 01:15:06.000]  In evaluating whether an officer reasonably believes that a person needs help,
[01:15:06.000 --> 01:15:10.000]  courts may look to a list of four non-exclusive factors.
[01:15:10.000 --> 01:15:16.000]  One, the nature and level of the distress exhibited by the individual.
[01:15:16.000 --> 01:15:25.000]  Well, let's see, broken bones, contusions, bleeding profusely out of many orifices, and still getting the crap kicked out of you.
[01:15:25.000 --> 01:15:28.000]  Let's assume that one would prove necessary.
[01:15:28.000 --> 01:15:35.000]  Two, the location of the individual, prone and getting the crap kicked out of you.
[01:15:35.000 --> 01:15:44.000]  Three, whether or not the individual was alone and or had access to assistance other than that offered by the officer.
[01:15:44.000 --> 01:15:53.000]  Well, define alone, alone as the victim or as the victim alone with the 14 guys kicking the crap out of you.
[01:15:53.000 --> 01:16:03.000]  Four, to what extent the individual, if not assisted, presented a danger to himself or others.
[01:16:03.000 --> 01:16:10.000]  Notice this decision does not take into consideration whether or not the individual is in danger,
[01:16:10.000 --> 01:16:17.000]  but whether or not the individual himself is dangerous to himself or someone else.
[01:16:17.000 --> 01:16:23.000]  Well, I guess I could be a danger to someone else if I got 14 guys kicking the crap out of me.
[01:16:23.000 --> 01:16:28.000]  I could cause one of them to blunt his toe or break a finger when he's punched in my face,
[01:16:28.000 --> 01:16:30.000]  or possibly get blood on his new shirt.
[01:16:30.000 --> 01:16:35.000]  Any of those could present a potential danger for me, I guess.
[01:16:35.000 --> 01:16:38.000]  Well, to get back folks, we'll continue this for just a minute.
[01:16:38.000 --> 01:16:44.000]  Not much more in this case, but a whole lot more ludicrous concepts embodied in it.
[01:16:44.000 --> 01:16:50.000]  Okay, we'll be right back on the other side. 512-646-1984 is the call-in number.
[01:16:50.000 --> 01:16:53.000]  This is Eddie Craig, Deborah Stevens, Randy Kelton, Rule of Law Radio.
[01:16:53.000 --> 01:16:55.000]  We will be right back.
[01:17:01.000 --> 01:17:04.000]  Capital Coin and Bullion is a family-owned and operated business
[01:17:04.000 --> 01:17:07.000]  that has helped many families and friends in protecting their assets.
[01:17:07.000 --> 01:17:09.000]  And we would like to do the same for you.
[01:17:09.000 --> 01:17:14.000]  In addition to coins and bullion, we now offer Patriot Saves, ammunition,
[01:17:14.000 --> 01:17:19.000]  Berkey water products, gift certificates, wristbands, and our new Silver Pool,
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[01:17:23.000 --> 01:17:27.000]  We can even help you set up a metals IRA account.
[01:17:27.000 --> 01:17:32.000]  Call us at 512-646-6440 for more details.
[01:17:32.000 --> 01:17:36.000]  As always, we buy, sell and trade precious metals
[01:17:36.000 --> 01:17:39.000]  and cater to those with all sizes of coin collections.
[01:17:39.000 --> 01:17:44.000]  We're located at 7304 Burnett Road, Suite A,
[01:17:44.000 --> 01:17:49.000]  about a half a mile north of Canig, next to the Ichiban Sushi and the Genie Car Wash.
[01:17:49.000 --> 01:17:53.000]  We're open Monday through Friday, 10 to 6, Saturdays, 10 to 5.
[01:17:53.000 --> 01:18:00.000]  Visit us at CapitalCoinandBullion.com or call 512-646-6440.
[01:18:00.000 --> 01:18:03.000]  It is so enlightening to listen to 90.1 FM,
[01:18:03.000 --> 01:18:06.000]  but finding things on the Internet isn't so easy,
[01:18:06.000 --> 01:18:09.000]  and neither is finding like-minded people to share it with.
[01:18:09.000 --> 01:18:12.000]  Oh, well, I guess you haven't heard of Brave New Books, then.
[01:18:12.000 --> 01:18:13.000]  Brave New Books?
[01:18:13.000 --> 01:18:16.000]  Yes. Brave New Books has all the books and DVDs you're looking for
[01:18:16.000 --> 01:18:20.000]  by authors like Alex Jones, Ron Paul, and G. Albert Griffin.
[01:18:20.000 --> 01:18:24.000]  They even stock inner food, Berkey products, and Calvin Soaps.
[01:18:24.000 --> 01:18:26.000]  There's no way a place like that exists.
[01:18:26.000 --> 01:18:28.000]  Go check it out for yourself.
[01:18:28.000 --> 01:18:32.000]  It's downtown at 1904 Guadalupe Street, just south of UT.
[01:18:32.000 --> 01:18:36.000]  Oh, by UT? There's never anywhere to park down there.
[01:18:36.000 --> 01:18:39.000]  Actually, they now offer a free hour of parking for paying customers
[01:18:39.000 --> 01:18:43.000]  at the 500 MLK parking facility just behind the bookstore.
[01:18:43.000 --> 01:18:47.000]  It does exist, but when are they open?
[01:18:47.000 --> 01:18:52.000]  Monday through Saturday, 11 a.m. to 9 p.m. and 1 to 6 p.m. on Sundays.
[01:18:52.000 --> 01:18:56.000]  So get them a call at 512-480-2503
[01:18:56.000 --> 01:19:03.000]  and check out their events page at bravenewbookstore.com.
[01:19:27.000 --> 01:19:29.000]  Hi, folks. We are back.
[01:19:29.000 --> 01:19:31.000]  This is Rule of Law Radio.
[01:19:31.000 --> 01:19:35.000]  The call in number is 512-646-1984.
[01:19:35.000 --> 01:19:37.000]  Jim, I see you there on the board.
[01:19:37.000 --> 01:19:38.000]  Give me just a minute.
[01:19:38.000 --> 01:19:41.000]  I'm going to finish up on this case, and then I'll be right with you.
[01:19:41.000 --> 01:19:47.000]  Okay, now, out of these four conditions, the case continues.
[01:19:47.000 --> 01:19:50.000]  The first factor is entitled to the greatest weight.
[01:19:50.000 --> 01:19:54.000]  Remember, the first factor was the nature and level of the distress
[01:19:54.000 --> 01:19:57.000]  exhibited by the individual.
[01:19:57.000 --> 01:19:58.000]  Okay?
[01:19:58.000 --> 01:20:02.000]  This is not to say that the weight of the first factor alone
[01:20:02.000 --> 01:20:04.000]  will always be dispositive.
[01:20:04.000 --> 01:20:08.000]  In fact, the remaining three factors help to give more definition
[01:20:08.000 --> 01:20:09.000]  to the first factor.
[01:20:09.000 --> 01:20:14.000]  Held, the officer's exercise of his community caretaking function
[01:20:14.000 --> 01:20:16.000]  was not reasonable.
[01:20:16.000 --> 01:20:17.000]  Okay?
[01:20:17.000 --> 01:20:25.000]  C, also, Laney, L-A-N-E-Y, V-State, 117 Southwest 3rd, 58, or 854,
[01:20:25.000 --> 01:20:31.000]  862-63, Texas Criminal Appeals, 2003.
[01:20:31.000 --> 01:20:35.000]  Now, I don't know about you, but if I am laying on the ground
[01:20:35.000 --> 01:20:38.000]  getting the crap kicked out of me by multiple individuals,
[01:20:38.000 --> 01:20:40.000]  I don't want a cop having to flip through his notepad
[01:20:40.000 --> 01:20:44.000]  to evaluate these four possible reasons as to why he's allowed
[01:20:44.000 --> 01:20:46.000]  to help me or not.
[01:20:46.000 --> 01:20:48.000]  The only other question becomes,
[01:20:48.000 --> 01:20:53.000]  are the people kicking the crap out of me also wearing badges and guns?
[01:20:53.000 --> 01:20:57.000]  The likelihood of that being the reason the cop stands by to watch
[01:20:57.000 --> 01:21:01.000]  instead of participate nowadays is extremely high.
[01:21:01.000 --> 01:21:06.000]  So always take that into consideration when you're out in the general public.
[01:21:06.000 --> 01:21:07.000]  Okay?
[01:21:07.000 --> 01:21:11.000]  If you are getting the crap kicked out of you by 14 police officers
[01:21:11.000 --> 01:21:13.000]  and one of them hurts himself,
[01:21:13.000 --> 01:21:18.000]  he's going to have you charged with this aggravated assault of a police officer.
[01:21:18.000 --> 01:21:19.000]  Okay?
[01:21:19.000 --> 01:21:25.000]  If you break his fingers with your face, he's going to charge you with assault.
[01:21:25.000 --> 01:21:30.000]  If you get blood on him from the splatter he creates by punching you in the nose,
[01:21:30.000 --> 01:21:33.000]  he's going to charge you with criminal assault.
[01:21:33.000 --> 01:21:35.000]  Okay?
[01:21:35.000 --> 01:21:40.000]  So, that being said, remember, the boys in blue, they're there for you.
[01:21:40.000 --> 01:21:41.000]  Right?
[01:21:41.000 --> 01:21:42.000]  Think again.
[01:21:42.000 --> 01:21:43.000]  All right.
[01:21:43.000 --> 01:21:47.000]  Jim in Ohio, what can we do for you, Jim?
[01:21:47.000 --> 01:21:49.000]  Hi, good evening.
[01:21:49.000 --> 01:21:55.000]  I was going to ask a quick question and then listen to the answer off the air.
[01:21:55.000 --> 01:22:00.000]  In regard to your original precedent in definition and procedure
[01:22:00.000 --> 01:22:03.000]  and how it must follow constitution,
[01:22:03.000 --> 01:22:13.000]  does that also not uphold the inability of a ticket citation,
[01:22:13.000 --> 01:22:20.000]  traffic citation being used as a formal complaint?
[01:22:20.000 --> 01:22:22.000]  Absolutely.
[01:22:22.000 --> 01:22:26.000]  They tried to do that in 27.14D of the Code of Criminal Procedure
[01:22:26.000 --> 01:22:29.000]  and that directly violates the Texas Constitution.
[01:22:29.000 --> 01:22:33.000]  They attempt to say they can use the citation as a complaint.
[01:22:33.000 --> 01:22:34.000]  No, they can't.
[01:22:34.000 --> 01:22:36.000]  The citation is not sworn.
[01:22:36.000 --> 01:22:41.000]  There's no way it could be a complaint, not even to accept a plea.
[01:22:41.000 --> 01:22:45.000]  There's two problems with that little setup under the Texas legislature.
[01:22:45.000 --> 01:22:50.000]  One, again, the ticket is not sworn.
[01:22:50.000 --> 01:22:55.000]  Because it's not sworn, it's not valid as a complaint.
[01:22:55.000 --> 01:23:02.000]  Two, a complaint alone does not vest a court with jurisdiction to do anything
[01:23:02.000 --> 01:23:07.000]  except issue a warrant on the alleged crime for the arrest of the accused.
[01:23:07.000 --> 01:23:12.000]  And two, to conduct an examining trial based upon that arrest warrant
[01:23:12.000 --> 01:23:15.000]  or that criminal complaint.
[01:23:15.000 --> 01:23:16.000]  That's it.
[01:23:16.000 --> 01:23:21.000]  It does not vest the court with jurisdiction for any other purpose,
[01:23:21.000 --> 01:23:28.000]  including holding an arraignment where a plea can be entered.
[01:23:28.000 --> 01:23:31.000]  There are only two places in the Code of Criminal Procedure
[01:23:31.000 --> 01:23:34.000]  that deals with the entering of a plea.
[01:23:34.000 --> 01:23:39.000]  That is during an arraignment and that is also in Chapter 45
[01:23:39.000 --> 01:23:44.000]  after the jury has been impaneled in the Class C misdemeanor case.
[01:23:44.000 --> 01:23:46.000]  That's it, folks.
[01:23:46.000 --> 01:23:54.000]  But until the court has jurisdiction of the case, it can't do either of those.
[01:23:54.000 --> 01:23:59.000]  And the complaint does not vest the court with jurisdiction.
[01:23:59.000 --> 01:24:03.000]  Article 5, Section 12b, Texas Constitution.
[01:24:03.000 --> 01:24:08.000]  An indictment or information vests the court with jurisdiction of the cause.
[01:24:08.000 --> 01:24:11.000]  27.01, Code of Criminal Procedure.
[01:24:11.000 --> 01:24:17.000]  The primary pleading in any criminal case by the state is an indictment or information.
[01:24:17.000 --> 01:24:19.000]  Okay?
[01:24:19.000 --> 01:24:27.000]  Chapter 21, the indictment or the information must be based on a valid complaint.
[01:24:27.000 --> 01:24:31.000]  They must be signed by the attorney for the state,
[01:24:31.000 --> 01:24:37.000]  meaning the district or county attorney, in their official capacity.
[01:24:37.000 --> 01:24:44.000]  Then and only then does the court get jurisdiction of an offense
[01:24:44.000 --> 01:24:49.000]  for the purpose of holding an arraignment and taking a plea.
[01:24:49.000 --> 01:24:51.000]  Period.
[01:24:51.000 --> 01:24:55.000]  These idiotic magistrates have taken the Code of Criminal Procedure
[01:24:55.000 --> 01:25:00.000]  and twisted it into a Gordian knife.
[01:25:00.000 --> 01:25:03.000]  And then treat it like that's okay.
[01:25:03.000 --> 01:25:05.000]  And it isn't.
[01:25:05.000 --> 01:25:07.000]  We let them get away with this.
[01:25:07.000 --> 01:25:10.000]  We need to put a stop to it.
[01:25:10.000 --> 01:25:13.000]  Period.
[01:25:13.000 --> 01:25:15.000]  Hopefully that answers your question.
[01:25:15.000 --> 01:25:20.000]  Okay, again, caller board's empty, so I have to go back to running and rating over case law.
[01:25:20.000 --> 01:25:23.000]  512-646-1984 is the call in number.
[01:25:23.000 --> 01:25:26.000]  You have a question, query or ponder, give us a call.
[01:25:26.000 --> 01:25:30.000]  I'll be happy to try and address it as best I can.
[01:25:30.000 --> 01:25:37.000]  All right, now let's look at State v. Cantwell, also under 1.06 Code of Criminal Procedure,
[01:25:37.000 --> 01:25:39.000]  searches and seizures.
[01:25:39.000 --> 01:25:47.000]  And State v. Cantwell is 85 Southwest 3rd, 849, 852, Texas Appellate Court.
[01:25:47.000 --> 01:25:52.000]  A defendant who seeks to suppress evidence because of an illegal search
[01:25:52.000 --> 01:25:58.000]  that violates the federal or state constitution bears the initial burden
[01:25:58.000 --> 01:26:02.000]  to rebut the presumption of proper police conduct.
[01:26:02.000 --> 01:26:08.000]  The burden is met by proving that the police seized him or performed a search without a warrant.
[01:26:08.000 --> 01:26:15.000]  Once the defendant establishes, one, that a search or seizure occurred,
[01:26:15.000 --> 01:26:21.000]  and two, that no warrant was obtained, the burden shifts to the state to produce
[01:26:21.000 --> 01:26:26.000]  either evidence of a warrant or to prove the reasonableness of the search or seizure,
[01:26:26.000 --> 01:26:31.000]  pursuant to one of the recognized exceptions to the warrant requirement.
[01:26:31.000 --> 01:26:36.000]  This case right here, folks, which was decided in 2002, by the way,
[01:26:36.000 --> 01:26:40.000]  is exactly the reason that I tell the people in my class,
[01:26:40.000 --> 01:26:45.000]  when you are pulled over, there are two things you immediately do.
[01:26:45.000 --> 01:26:51.000]  One, exit the highway into a private parking area of some kind.
[01:26:51.000 --> 01:26:55.000]  Get onto some sort of private property.
[01:26:55.000 --> 01:26:59.000]  Even if it's publicly accessible, make sure it's private property.
[01:26:59.000 --> 01:27:03.000]  Walmart parking lot, bank parking lot, doesn't matter.
[01:27:03.000 --> 01:27:09.000]  Just slow down, turn on your flashers, wave gently at the cop in the rearview mirror.
[01:27:09.000 --> 01:27:14.000]  Let them know you're pulling over but that you're going to exit the freeway or the roadway
[01:27:14.000 --> 01:27:18.000]  so as not to endanger yourself, your property, or the officer.
[01:27:18.000 --> 01:27:24.000]  Don't give them any way to say that you are attempting to evade.
[01:27:24.000 --> 01:27:28.000]  But get somewhere where you are on private property.
[01:27:28.000 --> 01:27:34.000]  Immediately get out of your car, lock it, and stand there.
[01:27:34.000 --> 01:27:39.000]  Keep your hands where they can see them, but don't be in your car.
[01:27:39.000 --> 01:27:46.000]  The whole reason for this is, is that one of the reasonableness exception rules is,
[01:27:46.000 --> 01:27:50.000]  if the officer encounters you in the car,
[01:27:50.000 --> 01:27:54.000]  he has the right to search the immediate passenger compartment
[01:27:54.000 --> 01:28:01.000]  to ensure that you do not have access to a weapon that can cause him bodily injury.
[01:28:01.000 --> 01:28:03.000]  Period.
[01:28:03.000 --> 01:28:09.000]  So if you're not in the car, that presumption is gone.
[01:28:09.000 --> 01:28:13.000]  Doesn't matter that he's screaming at you to get back in your car.
[01:28:13.000 --> 01:28:17.000]  I've had him do that to me, and I just pretend not to hear him.
[01:28:17.000 --> 01:28:21.000]  They walked up to me, just all ruffle feather and all that going,
[01:28:21.000 --> 01:28:23.000]  why don't you stay in your car, or would you stay in the car?
[01:28:23.000 --> 01:28:25.000]  Get back in your car.
[01:28:25.000 --> 01:28:27.000]  Well, sorry, can't do that.
[01:28:27.000 --> 01:28:28.000]  Car's locked.
[01:28:28.000 --> 01:28:29.000]  Well, open the door and get back in.
[01:28:29.000 --> 01:28:30.000]  Can't do that either.
[01:28:30.000 --> 01:28:31.000]  Why not?
[01:28:31.000 --> 01:28:36.000]  Well, I threw the keys in the front seat when I got out.
[01:28:36.000 --> 01:28:37.000]  Well, that was stupid.
[01:28:37.000 --> 01:28:42.000]  Well, I guess that really depends on the reason I'm doing it, doesn't it?
[01:28:42.000 --> 01:28:48.000]  Without being, your butt's not getting in my car, you're not going to search it illegally without a warrant.
[01:28:48.000 --> 01:28:54.000]  And there's no criminal offense committed by me in stepping out of the car.
[01:28:54.000 --> 01:28:57.000]  So what is your complaint and why did you stop me?
[01:28:57.000 --> 01:29:01.000]  We'll start there.
[01:29:01.000 --> 01:29:08.000]  But if you let them treat you like they're in charge in particular instances,
[01:29:08.000 --> 01:29:10.000]  then that's exactly what they're going to do.
[01:29:10.000 --> 01:29:16.000]  They're going to go away with these illegal searches over and over and over again.
[01:29:16.000 --> 01:29:18.000]  And I'm not letting them do it.
[01:29:18.000 --> 01:29:19.000]  Just not.
[01:29:19.000 --> 01:29:23.000]  Now, I am in no way condoning that you do something to get yourself shot.
[01:29:23.000 --> 01:29:26.000]  Don't do that.
[01:29:26.000 --> 01:29:27.000]  Okay?
[01:29:27.000 --> 01:29:30.000]  You get out of the car, you keep your hands in plain view.
[01:29:30.000 --> 01:29:38.000]  Don't do anything with your body or your hands to lead that officer to believe you're trying to conceal something from him.
[01:29:38.000 --> 01:29:43.000]  But get out of the car, lock it, throw the keys in it,
[01:29:43.000 --> 01:29:46.000]  and stand there where they can see your hand.
[01:29:46.000 --> 01:29:48.000]  It's not hard.
[01:29:48.000 --> 01:29:49.000]  All right, folks.
[01:29:49.000 --> 01:29:50.000]  This is Rule of Law Radio.
[01:29:50.000 --> 01:29:52.000]  Eddie Crane, Deborah Stiegel, Randy Kelton.
[01:29:52.000 --> 01:29:55.000]  512-646-1984 is the call-in number.
[01:29:55.000 --> 01:30:00.000]  We'll be right back after the break.
[01:30:00.000 --> 01:30:03.000]  Top 10 reasons to question the official story of the Oklahoma City bombing.
[01:30:03.000 --> 01:30:04.000]  Reason number 10.
[01:30:04.000 --> 01:30:06.000]  What is on the surveillance tapes?
[01:30:06.000 --> 01:30:09.000]  There were many video surveillance cameras that recorded the morning of the bombing.
[01:30:09.000 --> 01:30:13.000]  Yet, the few of these that have been released do not show what transpired with the rider truck at the Murrow Building.
[01:30:13.000 --> 01:30:18.000]  Most recently, the government has claimed that all of the cameras that were in different buildings and maintained by different businesses
[01:30:18.000 --> 01:30:22.000]  were all having their tapes changed at the exact same time, 9.02 a.m.
[01:30:22.000 --> 01:30:25.000]  This is insulting to the memory of those who perished in the bombing.
[01:30:25.000 --> 01:30:27.000]  What is being hidden from us?
[01:30:27.000 --> 01:30:30.000]  For more information, please go to okcbombingtruth.com.
[01:30:30.000 --> 01:30:32.000]  Creepy.
[01:30:32.000 --> 01:30:37.000]  To track car buyers, Toyota sent out pranked emails claiming to be a cyber stalker.
[01:30:37.000 --> 01:30:42.000]  What it got instead was a lawsuit from an understandably terrified woman.
[01:30:42.000 --> 01:30:45.000]  I'm Dr. Catherine Albrecht and I'll have details in a moment.
[01:30:45.000 --> 01:30:47.000]  Privacy is under attack.
[01:30:47.000 --> 01:30:50.000]  When you give up data about yourself, you'll never get it back again.
[01:30:50.000 --> 01:30:55.000]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:55.000 --> 01:30:57.000]  So protect your rights.
[01:30:57.000 --> 01:31:00.000]  Say no to surveillance and keep your information to yourself.
[01:31:00.000 --> 01:31:03.000]  Privacy, it's worth hanging on to.
[01:31:03.000 --> 01:31:06.000]  This public service announcement is brought to you by StartPage.com,
[01:31:06.000 --> 01:31:10.000]  the private search engine alternative to Google, Yahoo, and Bing.
[01:31:10.000 --> 01:31:33.000]  Start over with StartPage.
[01:31:41.000 --> 01:31:44.000]  He claimed he knew her home address and was coming to visit.
[01:31:44.000 --> 01:31:49.000]  It was just a joke, but it terrified Deweyck, who is now suing Toyota for millions.
[01:31:49.000 --> 01:31:52.000]  Moral of the story? Be careful what you click on.
[01:31:52.000 --> 01:31:54.000]  I'm Dr. Catherine Albrecht.
[01:31:54.000 --> 01:32:21.000]  Here's some information at CatherineAlbrecht.com.
[01:32:24.000 --> 01:32:33.000]  Alright folks, we are back.
[01:32:33.000 --> 01:32:35.000]  This is Rule of Law on Radio.
[01:32:35.000 --> 01:32:37.000]  This is Eddie Craig, Randy Kelton, Deborah Stevens.
[01:32:37.000 --> 01:32:39.000]  This is the Monday Night Traffic Show.
[01:32:39.000 --> 01:32:42.000]  We have about a half an hour left in the show.
[01:32:42.000 --> 01:32:44.000]  We do have a couple of other callers on the board.
[01:32:44.000 --> 01:32:47.000]  Mark and Matt, we're going to go to Mark.
[01:32:47.000 --> 01:32:50.000]  Evening Mark, what can I do for you?
[01:32:50.000 --> 01:32:52.000]  Well, good evening to you.
[01:32:52.000 --> 01:32:55.000]  You raised a really interesting issue.
[01:32:55.000 --> 01:33:00.000]  We can complete agreement with you in regards to how to treat a traffic stop.
[01:33:00.000 --> 01:33:02.000]  Although, myself, I have not done that.
[01:33:02.000 --> 01:33:07.000]  I will, though, here to make sure I do operate that way.
[01:33:07.000 --> 01:33:13.000]  But my question center is on, so what if you're packing a little iron in your belt?
[01:33:13.000 --> 01:33:18.000]  You leave the gun in the car and the console, which is something I do.
[01:33:18.000 --> 01:33:27.000]  If I do get pulled over, I always put my gun in my console because I will not live through having somebody disarm me,
[01:33:27.000 --> 01:33:33.000]  as was the case once with a deputy in Weave County who was shaken more than Barney Fife.
[01:33:33.000 --> 01:33:35.000]  Yes, absolutely.
[01:33:35.000 --> 01:33:39.000]  That's what I'd recommend you do is place it in the console and cover it.
[01:33:39.000 --> 01:33:47.000]  Remember, despite what the Constitution says, this Texas is treated as not an open carry state.
[01:33:47.000 --> 01:33:53.000]  So, you have to put it into a concealed location where it's not in plain view in the automobile.
[01:33:53.000 --> 01:33:57.000]  The console is the perfect place. That's where I always kept mine.
[01:33:57.000 --> 01:33:58.000]  Okay.
[01:33:58.000 --> 01:34:03.000]  So, now, by extension, you have the zealous cop.
[01:34:03.000 --> 01:34:11.000]  You display for him what you're supposed to, anyway, the license and the permit.
[01:34:11.000 --> 01:34:20.000]  Does he have any cause, any reason, any justification at all for wanting to be inside that vehicle then to locate your firearm?
[01:34:20.000 --> 01:34:27.000]  Absolutely not. If he does not have a warrant and you're not in that car, there is no exception rule that protects him.
[01:34:27.000 --> 01:34:37.000]  Texas law is very clear that the moment you're pulled over by an officer with the intent to issue a citation, you are in a custodial arrest.
[01:34:37.000 --> 01:34:44.000]  All of your rights are invoked. Your Fifth Amendment right, your Sixth Amendment right, your Fourth Amendment right, they're all invoked.
[01:34:44.000 --> 01:34:53.000]  Without a warrant, he cannot go into that car without reasonable assertion that his life was in danger because you were in it.
[01:34:53.000 --> 01:34:55.000]  Okay.
[01:34:55.000 --> 01:35:04.000]  All right, good. Well, that clears that up for me. So, I'll just operate the way I always have, except I'll just get out of the car and stand there and block it.
[01:35:04.000 --> 01:35:14.000]  Yeah, that's what I do. I always kept a spare door key in my wallet or in my pocket, and so I'd throw my regular keys into the front seat where he could plainly see it,
[01:35:14.000 --> 01:35:21.000]  and that way he can't say that I had immediate access to the car or anything of that nature. He was stuck.
[01:35:21.000 --> 01:35:31.000]  Okay, so, all right. So, if I had the keys in my pocket and he told me to get back in the car, I would be compelled to do so.
[01:35:31.000 --> 01:35:40.000]  No, not necessarily, but your keys are where he can take them off of you if he pats you down. Now, he can get in the car,
[01:35:40.000 --> 01:35:48.000]  and the reasonable presumption is if he can easily access the car when he's outside of it now, so could you.
[01:35:48.000 --> 01:35:55.000]  For instance, you're standing next to the car, you've got an automatic door opener. He turns and walks back to his patrol car.
[01:35:55.000 --> 01:36:02.000]  While he's walking away, you click the door lock, jump in, grab your pistol, jump out and shoot him while he walks away. See the problem?
[01:36:02.000 --> 01:36:03.000]  Yeah.
[01:36:03.000 --> 01:36:06.000]  That's why the keys go in the front seat.
[01:36:06.000 --> 01:36:18.000]  Okay, fair enough. All right, well, there's something I'll be taking care of in the next day is a spare key, and there's nothing he could do about that.
[01:36:18.000 --> 01:36:26.000]  Nope. It's only articulatable probable cause exception is that you'd had access to a weapon in the passenger compartment.
[01:36:26.000 --> 01:36:36.000]  The only other thing is if he gets a drug dog out there while he's doing the traffic stop and they flag the car, then they have to get a warrant to search it anyway.
[01:36:36.000 --> 01:36:42.000]  Okay. All right, that works for me. I appreciate the clarification.
[01:36:42.000 --> 01:36:44.000]  Yes, sir. Glad to help.
[01:36:44.000 --> 01:36:45.000]  Thank you.
[01:36:45.000 --> 01:36:47.000]  You're welcome. Bye-bye.
[01:36:47.000 --> 01:36:55.000]  All right, now we're going to go to Matt in Texas. Then we have Eli and Alex. Matt, what can we do for you?
[01:36:55.000 --> 01:37:16.000]  Hey, Eddie, you got a question about the vampire cop's blood withdrawal. In class, you had mentioned that there was a Supreme Court case that said that if the cops are going to draw the blood that they needed to have a second independent lab also.
[01:37:16.000 --> 01:37:21.000]  Nope. It's not a Supreme Court case. It's a state Supreme Court case.
[01:37:21.000 --> 01:37:32.000]  Hey, folks, wait a minute. Matt, we're going to put you on hold right now because we have a very special caller on the line. It's actually Alex Jones calling into our show. Hey, Alex, thanks for calling in. What you got for us tonight?
[01:37:32.000 --> 01:37:48.000]  Oh, well, you're sweet, Deborah, and so is Eddie, but I don't want to jump in front of him. No, I tell you, every time Eddie Craig is on, I just love everything he's talking about because I'm not 100, the expert he is when I read case law and stuff about right to travel and stuff like that.
[01:37:48.000 --> 01:38:02.000]  And I have these cops telling me, you know, it's a privilege to travel and all this stuff. And oh, that's for commercial vehicles. And even that's under city and county ordinances. But I just always mean to get both you guys in studio.
[01:38:02.000 --> 01:38:14.000]  And then I always forget, never tell my producers. I hope you guys get on me next week because you guys have got the number one of my ID guys. And I want to get Eddie next week in studio for like an hour to talk about stuff.
[01:38:14.000 --> 01:38:28.000]  I want to get Deborah and to talk about all the great things you guys are doing. But that's all I was calling to talk about is I really always enjoy hearing him talk about all the stuff that's going on because, you know, I talk to these cops that they don't know anything.
[01:38:28.000 --> 01:38:47.000]  They're not taught any of the stuff and they're trying to sell this whole false law on people. So I just always enjoy hearing the show. But I want you to get back to the other outlooks I'll hold. And in that other corner, I was just calling to say, you guys take me down because I definitely I saw Eddie down at the storm in the capital.
[01:38:47.000 --> 01:38:58.000]  You know, we didn't ask for permits. That's our capital. That's our house. And of course we stormed in there and tried to fight the PSA and certainly got them to almost get rid of it till they tried some chicanery to defeat it.
[01:38:58.000 --> 01:39:11.000]  But the point is, you know, I don't ask for permits to demonstrate. A permit started if you look at the cases about 80 years ago, different groups wanted to block roads to take over for their floats and things.
[01:39:11.000 --> 01:39:21.000]  And sure, if you want to block a bunch of roads, stuff, then you got to get a permit. But these permits turn a right into a privilege. And that's just my example of the storm in the capital. People said, well, why did they arrest you?
[01:39:21.000 --> 01:39:32.000]  Because they knew I was getting ready to sue them. That was my plan. They would have arrested me. And so a right not exercised is a right lost. You know, we just decided not to suck air into our lungs. We'd die.
[01:39:32.000 --> 01:39:43.000]  It takes the effort to suck in the air into our lungs. That's what Liberty's all about. So I enjoy the show, but I want to get most ever Stephen Vanity Craig on the show in the near future.
[01:39:43.000 --> 01:39:52.000]  So Eddie, I hope whenever you're in town coming up next week or something, we'll get you in touch with my people because I saw you at the events and I wanted to get you on.
[01:39:52.000 --> 01:39:58.000]  Every time I hear you, I think, get on and call in. I called in a few weeks ago and guess your lines were busy. Nobody went to me.
[01:39:58.000 --> 01:40:02.000]  So I'm calling you now on air saying, Eddie, you need to get on in there and do the show.
[01:40:02.000 --> 01:40:11.000]  Well, Alex, I greatly appreciate that. And I'll be happy to come on and do your show with you. And in fact, I am in Austin, so that's not going to be a bit of a problem.
[01:40:11.000 --> 01:40:18.000]  Okay, good. Well, then we'll do it sometime next week. So, so, Debra, you know, the inside number there.
[01:40:18.000 --> 01:40:19.000]  Yes.
[01:40:19.000 --> 01:40:20.000]  The call will get both you guys on.
[01:40:20.000 --> 01:40:23.000]  All right, Alex, stay right there. I wanted to tell you something off the air. Thank you for calling in.
[01:40:23.000 --> 01:40:24.000]  You bet.
[01:40:24.000 --> 01:40:26.000]  Okay.
[01:40:26.000 --> 01:40:37.000]  All right, we'll go ahead and go back to Matt now. Again, Alex, thank you for calling in and asking me on to the show. I greatly appreciate that very, very much.
[01:40:37.000 --> 01:40:40.000]  Okay, Matt, let's continue with your question there.
[01:40:40.000 --> 01:40:44.000]  Okay, so you said that it's the state Supreme Court case.
[01:40:44.000 --> 01:41:02.000]  Yeah, I believe it was a Philadelphia Supreme Court case where the judge ruled that the blood withdrawal and the breathalysers were illegal because the defendant had no way to get a contradictory test.
[01:41:02.000 --> 01:41:15.000]  The cops basically made it a one-sided usage of the information against the accused without the accused having any opportunity to rebut it by getting an independent test.
[01:41:15.000 --> 01:41:30.000]  So, the question that I have, did that point to the requirement for the police to allow an independent lab and a bottomless to actually go through the process?
[01:41:30.000 --> 01:41:40.000]  It did not. It simply declared the use of the evidence unconstitutional simply because they were denied the ability to get a contradicting test.
[01:41:40.000 --> 01:41:42.000]  Okay.
[01:41:42.000 --> 01:41:45.000]  All right, so I don't suppose you're having to know what that...
[01:41:45.000 --> 01:41:56.000]  I have the case saved on my computer, but I will have to find it. It's only, like, buried in, like, six terabytes worth of stuff, so give me a little bit of time.
[01:41:56.000 --> 01:41:59.000]  Okay. All right, that's all I had.
[01:41:59.000 --> 01:42:01.000]  All right, Matt, thanks for calling in. Appreciate it.
[01:42:01.000 --> 01:42:03.000]  Okay.
[01:42:03.000 --> 01:42:09.000]  All right, we have Eli back. Eli, what can we do for you? Did I not answer your question?
[01:42:09.000 --> 01:42:27.000]  No, no, you haven't. My question is, this past month, I was arrested with possession of paraphernalia, and what I wanted to ask you is, what do I need to do in order to get that expunge from my record?
[01:42:27.000 --> 01:42:30.000]  When?
[01:42:30.000 --> 01:42:36.000]  It really depends upon what you've agreed to to this point. Have you taken a plea bargain of any kind?
[01:42:36.000 --> 01:42:44.000]  No, they haven't sent me anything for that. They said that they're going to send it throughout the next three months.
[01:42:44.000 --> 01:42:46.000]  The next three months?
[01:42:46.000 --> 01:42:47.000]  Yes.
[01:42:47.000 --> 01:42:52.000]  Okay, have you read the statute regarding the arrest for paraphernalia?
[01:42:52.000 --> 01:42:54.000]  I have not, sir.
[01:42:54.000 --> 01:42:59.000]  I would highly recommend you do that, and then when you don't understand it, come down to class and ask a question about it.
[01:42:59.000 --> 01:43:00.000]  Okay.
[01:43:00.000 --> 01:43:09.000]  All right, but the point here being that first thing you do when you're charged with an alleged crime is read what you're being charged with.
[01:43:09.000 --> 01:43:15.000]  You can't make a sensible argument if you don't know the facts about what you're being charged with.
[01:43:15.000 --> 01:43:21.000]  Despite what the attorneys tell you, law does not work by osmosis.
[01:43:21.000 --> 01:43:33.000]  They all seem to think it does, and they obviously believe in it for themselves because once you show them a law, it's obvious they've never bothered to actually read it.
[01:43:33.000 --> 01:43:36.000]  Do not make that mistake, okay?
[01:43:36.000 --> 01:43:37.000]  Okay, sir.
[01:43:37.000 --> 01:43:38.000]  Okay.
[01:43:38.000 --> 01:43:48.000]  So do that, read it, see what the required elements are, and whether or not you meet all of them. If you don't, they can't make the charge stick and they know it.
[01:43:48.000 --> 01:43:49.000]  Okay.
[01:43:49.000 --> 01:43:56.000]  You know, well, the other question that I wanted to ask is that the prayer familiar that I was possessed with wasn't mine.
[01:43:56.000 --> 01:44:00.000]  It was my friend, and he's willing to admit that.
[01:44:00.000 --> 01:44:02.000]  Okay, question.
[01:44:02.000 --> 01:44:04.000]  Where was the prayer familiar found?
[01:44:04.000 --> 01:44:07.000]  In his jacket that I was wearing.
[01:44:07.000 --> 01:44:09.000]  In his jacket that you were wearing?
[01:44:09.000 --> 01:44:10.000]  Yes, sir.
[01:44:10.000 --> 01:44:11.000]  Okay.
[01:44:11.000 --> 01:44:14.000]  Case law is very clear right here in the penal code.
[01:44:14.000 --> 01:44:18.000]  In this same book I've been reading out of, I just read the case law yesterday.
[01:44:18.000 --> 01:44:39.000]  When you are charged with any act regarding possession of some substance prohibited by law, unless the statute specifically states otherwise, then the implication is that the possession must be voluntary.
[01:44:39.000 --> 01:44:47.000]  In order for it to be voluntary, you have to know you possess the contraband, don't you?
[01:44:47.000 --> 01:44:48.000]  Yes, of course.
[01:44:48.000 --> 01:44:49.000]  Correct.
[01:44:49.000 --> 01:45:05.000]  So if you're wearing clothing that belongs to someone else, and you haven't gone through the pockets to see what it contains, then you do not have voluntary possession of anything that's in those pockets.
[01:45:05.000 --> 01:45:06.000]  Correct?
[01:45:06.000 --> 01:45:08.000]  Correct.
[01:45:08.000 --> 01:45:20.000]  That's exactly the way the courts ruled on this. It applies whether the stuff is found in a car, a backpack, a purse, a pocket, doesn't matter.
[01:45:20.000 --> 01:45:30.000]  If the statute states that voluntary possession is one of the necessary provable elements, then they have to prove you knew you had it.
[01:45:30.000 --> 01:45:32.000]  Okay.
[01:45:32.000 --> 01:45:41.000]  Therefore, rule number one in the accusation process and the plea process is what?
[01:45:41.000 --> 01:45:45.000]  Shut up.
[01:45:45.000 --> 01:45:51.000]  The second step is keep shutting up, and the third is shut up some more.
[01:45:51.000 --> 01:46:03.000]  Don't cut any deals. Don't be talking to anybody. You need to read what you're charged with so you know what you can argue.
[01:46:03.000 --> 01:46:12.000]  If you trust an attorney to save your bacon, you just turned the gas on high and heated the pan up all by yourself.
[01:46:12.000 --> 01:46:21.000]  You better know more than that attorney or he is going to sell you down the river like a side of beef in a barbecue.
[01:46:21.000 --> 01:46:22.000]  Got it?
[01:46:22.000 --> 01:46:23.000]  Got it.
[01:46:23.000 --> 01:46:24.000]  Okay.
[01:46:24.000 --> 01:46:25.000]  Thank you very much, sir.
[01:46:25.000 --> 01:46:28.000]  You're very welcome. Thanks for calling in.
[01:46:28.000 --> 01:46:37.000]  All right. This leaves us with Gary in Georgia. Mr. Gary, what can we do for you?
[01:46:37.000 --> 01:46:51.000]  Good evening, Eddie. I'm requesting that if you have content of a view, you wrote an excellent letter for driver's issues on the state property.
[01:46:51.000 --> 01:46:58.000]  You know, my contention is if the state owns a property, just like to do patrol cars and any other cars,
[01:46:58.000 --> 01:47:07.000]  and they have to take care of the maintenance and everything else, if they seek title, but I heard one night that you had a real nice letter,
[01:47:07.000 --> 01:47:17.000]  you know, for them to prove up their claim to your property. So how could one get as myself and other listeners get a copy of that?
[01:47:17.000 --> 01:47:22.000]  Okay. I need a little bit more clarification on what letter you would be referring to.
[01:47:22.000 --> 01:47:25.000]  Probably, sir. Probably so. Okay.
[01:47:25.000 --> 01:47:29.000]  Are you talking about the certificate of title to the car?
[01:47:29.000 --> 01:47:38.000]  Uh, yeah. Well, yes, sir. I believe that is it because that goes to ownership. If I, you know, if I don't have a clear title,
[01:47:38.000 --> 01:47:42.000]  I mean, a ownership of my property, I don't, it doesn't belong to me, so.
[01:47:42.000 --> 01:47:50.000]  Okay. That is not actually a letter, Gary. This is the procedure that I suggest you take if you have a car
[01:47:50.000 --> 01:47:55.000]  for which you only possess a certificate of title rather than an MSO or an MCO.
[01:47:55.000 --> 01:48:01.000]  Every state destroys the MSO or MCO that comes with a car from the manufacturer.
[01:48:01.000 --> 01:48:07.000]  The moment a certificate of title is applied for, you will never see that document again.
[01:48:07.000 --> 01:48:10.000]  That is the true ownership papers for the car.
[01:48:10.000 --> 01:48:20.000]  Now, what you have to do to get the next best thing back is once there are no outstanding liens on the automobile,
[01:48:20.000 --> 01:48:24.000]  you take the certificate of title that you possess.
[01:48:24.000 --> 01:48:30.000]  You get everyone that had a lien to sign off on it that there is no lien.
[01:48:30.000 --> 01:48:36.000]  You get a certified copy front and back of that certificate of title.
[01:48:36.000 --> 01:48:43.000]  Okay. From the county clerk, you take it down there and have them make you a certified copy front and back.
[01:48:43.000 --> 01:48:46.000]  You keep that certified copy for your records.
[01:48:46.000 --> 01:48:55.000]  Take the original title. Send it registered mail return receipt to the secretary of state where it is registered,
[01:48:55.000 --> 01:48:58.000]  wherever the certificate of title is from.
[01:48:58.000 --> 01:49:10.000]  With that, you send an affidavit stating that the automobile identified as bin number, make, model, year, color, whatever,
[01:49:10.000 --> 01:49:16.000]  is to be removed from the jurisdiction of this state.
[01:49:16.000 --> 01:49:20.000]  Do not put in Georgia or Texas or Louisiana.
[01:49:20.000 --> 01:49:25.000]  Put in from the jurisdiction of this state.
[01:49:25.000 --> 01:49:37.000]  I hereby request and demand that the following property be returned as all liens removed, no consideration owed,
[01:49:37.000 --> 01:49:45.000]  and as the true owner of said property certified by the secretary of state or something generally of that nature.
[01:49:45.000 --> 01:49:46.000]  Okay.
[01:49:46.000 --> 01:49:50.000]  What will happen should be one of two things.
[01:49:50.000 --> 01:49:57.000]  The secretary of state will either sign and stamp the back of the certificate of title you sent and return it to you,
[01:49:57.000 --> 01:50:04.000]  signifying that the state no longer has any vested financial interest in that property.
[01:50:04.000 --> 01:50:09.000]  The other possible outcome is they take that certificate of title,
[01:50:09.000 --> 01:50:14.000]  transfer the information to a different type of certificate of title,
[01:50:14.000 --> 01:50:21.000]  sign off and stamp that and send you the new form of the title and destroy the old one,
[01:50:21.000 --> 01:50:29.000]  showing you as the now new actual equity owner free and clear.
[01:50:29.000 --> 01:50:36.000]  Now the state can make no claim of any ownership interest in your property.
[01:50:36.000 --> 01:50:37.000]  We're good.
[01:50:37.000 --> 01:50:40.000]  And they explain excellence.
[01:50:40.000 --> 01:50:41.000]  Excellent, sir.
[01:50:41.000 --> 01:50:42.000]  So thank you very much.
[01:50:42.000 --> 01:50:43.000]  Appreciate it.
[01:50:43.000 --> 01:50:44.000]  You're welcome, Gary.
[01:50:44.000 --> 01:50:45.000]  Appreciate your call.
[01:50:45.000 --> 01:50:46.000]  Thank you very much.
[01:50:46.000 --> 01:50:47.000]  Yes, sir.
[01:50:47.000 --> 01:50:48.000]  Bye.
[01:50:48.000 --> 01:50:49.000]  Bye-bye.
[01:50:49.000 --> 01:50:50.000]  All right.
[01:50:50.000 --> 01:50:51.000]  Now we're going to Joni in Texas.
[01:50:51.000 --> 01:50:53.000]  Joni, what can we do for you?
[01:50:53.000 --> 01:50:54.000]  Hi.
[01:50:54.000 --> 01:50:55.000]  I'm a new listener.
[01:50:55.000 --> 01:50:58.000]  And my question is I'm going to start flying again.
[01:50:58.000 --> 01:51:04.000]  And I hear Austin, Texas, going to get the naked body scanners and answer the first of the year.
[01:51:04.000 --> 01:51:07.000]  They're going to be forcing people to go through there.
[01:51:07.000 --> 01:51:08.000]  How do I stand my ground?
[01:51:08.000 --> 01:51:11.000]  Because I am not playing with these people anymore.
[01:51:11.000 --> 01:51:13.000]  Sue the city.
[01:51:13.000 --> 01:51:14.000]  Sue the city?
[01:51:14.000 --> 01:51:17.000]  Reckless endangerment of the public.
[01:51:17.000 --> 01:51:20.000]  And you're a member of the public, right?
[01:51:20.000 --> 01:51:23.000]  Now you have to cite the harm as being a harm to yourself.
[01:51:23.000 --> 01:51:31.000]  They're violating your right to travel by forcing you into a compromising position that involves your health and welfare.
[01:51:31.000 --> 01:51:32.000]  They can't do that.
[01:51:32.000 --> 01:51:35.000]  It's a violation of a protected right.
[01:51:35.000 --> 01:51:38.000]  You have every right to sue them over that.
[01:51:38.000 --> 01:51:40.000]  I wouldn't make good hay out of it.
[01:51:40.000 --> 01:51:41.000]  Okay.
[01:51:41.000 --> 01:51:46.000]  And now if they start questioning me, how do I answer their question?
[01:51:46.000 --> 01:51:48.000]  You just, it's very simple.
[01:51:48.000 --> 01:51:50.000]  What question do they think they can ask you?
[01:51:50.000 --> 01:51:51.000]  I don't know.
[01:51:51.000 --> 01:51:52.000]  They're probably just asking me.
[01:51:52.000 --> 01:51:59.000]  I hereby do not consent and will not go through the body scanner.
[01:51:59.000 --> 01:52:01.000]  Are we clear?
[01:52:01.000 --> 01:52:02.000]  Okay.
[01:52:02.000 --> 01:52:12.000]  If you have an alternative method that does not include sexual assault, then we will discuss that option.
[01:52:12.000 --> 01:52:16.000]  But I will not go through the body scanner.
[01:52:16.000 --> 01:52:17.000]  Okay.
[01:52:17.000 --> 01:52:22.000]  And they also claim, they're trying to claim that they will call the police and have me arrested.
[01:52:22.000 --> 01:52:24.000]  Well, they may claim that.
[01:52:24.000 --> 01:52:28.000]  Sue the city and the cops are doing so.
[01:52:28.000 --> 01:52:33.000]  They cannot convert the exercise of a right into a crime.
[01:52:33.000 --> 01:52:36.000]  If they do that, they're committing a crime.
[01:52:36.000 --> 01:52:40.000]  There's no crime in refusing to go through the naked body scanners.
[01:52:40.000 --> 01:52:41.000]  There's nothing to arrest you for.
[01:52:41.000 --> 01:52:43.000]  Or having them put their hands on my pants.
[01:52:43.000 --> 01:52:45.000]  You can say no to both.
[01:52:45.000 --> 01:52:48.000]  And there's nothing that they can do about it.
[01:52:48.000 --> 01:52:57.000]  Now what they may do is escort you out of the airport and try to sue you in a civil court for $10,000 like they did to one gentleman.
[01:52:57.000 --> 01:53:06.000]  And actually, Alex had on his show discussing this where they say it's a $10,000 fine if you leave the screening area.
[01:53:06.000 --> 01:53:09.000]  So, I mean, if it happened to me, I would say sue me.
[01:53:09.000 --> 01:53:14.000]  And we'll see because I'm going to be counter-suing you guys for a lot more than $10,000.
[01:53:14.000 --> 01:53:20.000]  And then he said, when I get my airline ticket, when I sign it, I gave my rights away.
[01:53:20.000 --> 01:53:22.000]  Can I put what else off?
[01:53:22.000 --> 01:53:24.000]  No, absolutely not.
[01:53:24.000 --> 01:53:25.000]  It's not true.
[01:53:25.000 --> 01:53:29.000]  They're not forced to waive a right to exercise a privilege.
[01:53:29.000 --> 01:53:33.000]  They cannot just arbitrarily state that you waived your rights.
[01:53:33.000 --> 01:53:37.000]  Did you read anywhere in the acceptance of the contract with that ticket?
[01:53:37.000 --> 01:53:41.000]  First off, what did you sign?
[01:53:41.000 --> 01:53:46.000]  When you bought the plane ticket, what did you sign?
[01:53:46.000 --> 01:53:51.000]  They signed to get a little piece of paper off the key art.
[01:53:51.000 --> 01:53:54.000]  And what is on that little piece of paper?
[01:53:54.000 --> 01:53:55.000]  I don't remember.
[01:53:55.000 --> 01:53:56.000]  I don't.
[01:53:56.000 --> 01:54:00.000]  Well, it certainly isn't enough information to say that you waive all of your protected
[01:54:00.000 --> 01:54:03.000]  constitutional rights in the following ways, is it?
[01:54:03.000 --> 01:54:04.000]  No.
[01:54:04.000 --> 01:54:05.000]  Okay.
[01:54:05.000 --> 01:54:12.000]  Well, then if a contract does not give full disclosure to both parties, is it a valid contract?
[01:54:12.000 --> 01:54:14.000]  No, not valid.
[01:54:14.000 --> 01:54:17.000]  Exactly.
[01:54:17.000 --> 01:54:21.000]  So, how can they say you waived your rights when you never were given any information
[01:54:21.000 --> 01:54:25.000]  that the acceptance of this plane ticket was a waiver of rights?
[01:54:25.000 --> 01:54:27.000]  Okay, okay.
[01:54:27.000 --> 01:54:35.000]  But when I do sign this key art again, on top of my name, could I write without all prejudice?
[01:54:35.000 --> 01:54:40.000]  You can simply write all rights reserved or without prejudice.
[01:54:40.000 --> 01:54:42.000]  You don't need to put anything else on it.
[01:54:42.000 --> 01:54:47.000]  Either of those statements according to the UCC 1-308 is sufficient.
[01:54:47.000 --> 01:54:49.000]  Okay.
[01:54:49.000 --> 01:54:52.000]  Because I want to stand my ground and be positive about it.
[01:54:52.000 --> 01:54:57.000]  Now, for those of you that are listening on the UCC stuff, that is actually an appropriate
[01:54:57.000 --> 01:54:58.000]  time to use it.
[01:54:58.000 --> 01:54:59.000]  Why?
[01:54:59.000 --> 01:55:01.000]  Because it's a commercial activity.
[01:55:01.000 --> 01:55:03.000]  You're paying to be a passenger.
[01:55:03.000 --> 01:55:05.000]  They're paying to be a carrier.
[01:55:05.000 --> 01:55:06.000]  You're in commerce.
[01:55:06.000 --> 01:55:12.000]  You have every right to protect your private rights so that they're not intruded on by the
[01:55:12.000 --> 01:55:14.000]  commercial law.
[01:55:14.000 --> 01:55:18.000]  That's the proper place for a UCC reservation.
[01:55:18.000 --> 01:55:19.000]  Use it.
[01:55:19.000 --> 01:55:26.000]  So I signed without prejudice in my name underneath it.
[01:55:26.000 --> 01:55:32.000]  I don't think there is anything in the UCC that says placement is required above, below,
[01:55:32.000 --> 01:55:33.000]  or beside.
[01:55:33.000 --> 01:55:35.000]  Put it where you want it.
[01:55:35.000 --> 01:55:37.000]  Okay.
[01:55:37.000 --> 01:55:41.000]  And another thing, I've talked to Harmon Taylor about this at great length too.
[01:55:41.000 --> 01:55:47.000]  And what he says is to go over the contract and everywhere it says passenger,
[01:55:47.000 --> 01:55:50.000]  cross out the word passenger and put traveler.
[01:55:50.000 --> 01:55:57.000]  And if there's any paragraph in there where it says I can send to all the security protocol
[01:55:57.000 --> 01:56:01.000]  of the TSA, just black that out and initial it.
[01:56:01.000 --> 01:56:08.000]  So basically you put very clearly in the, you amend the contract with the airline and
[01:56:08.000 --> 01:56:13.000]  you basically just black out anything that says I agree to body scanners or I agree to
[01:56:13.000 --> 01:56:17.000]  any searching mechanism implemented by the TSA.
[01:56:17.000 --> 01:56:22.000]  You have to cross that out of the contract, initial it and cross out the word passenger
[01:56:22.000 --> 01:56:23.000]  and put traveler.
[01:56:23.000 --> 01:56:26.000]  That way you make it clear you're not a passenger.
[01:56:26.000 --> 01:56:27.000]  You're a traveler.
[01:56:27.000 --> 01:56:29.000]  You reserve all your rights to travel.
[01:56:29.000 --> 01:56:30.000]  Yep.
[01:56:30.000 --> 01:56:35.000]  And once you do that and they actually give you the ticket, they have accepted your altered
[01:56:35.000 --> 01:56:37.000]  terms of the contract.
[01:56:37.000 --> 01:56:38.000]  That's right.
[01:56:38.000 --> 01:56:41.000]  And if they don't accept it?
[01:56:41.000 --> 01:56:45.000]  Well, then you're back to the issue of soon for interfering with your right to travel.
[01:56:45.000 --> 01:56:46.000]  Right.
[01:56:46.000 --> 01:56:51.000]  By forcing you to wave a right to exercise another right.
[01:56:51.000 --> 01:56:52.000]  Oh, great.
[01:56:52.000 --> 01:56:53.000]  Thanks.
[01:56:53.000 --> 01:56:54.000]  I appreciate that.
[01:56:54.000 --> 01:56:55.000]  Yeah.
[01:56:55.000 --> 01:57:00.000]  And we're thinking that we can see the airlines also because they're the ones that are putting
[01:57:00.000 --> 01:57:06.000]  people, travelers in the position of having to wave a right in order to exercise a privilege.
[01:57:06.000 --> 01:57:08.000]  But the traveling is a right anyway.
[01:57:08.000 --> 01:57:10.000]  We have a right to travel.
[01:57:10.000 --> 01:57:11.000]  Okay.
[01:57:11.000 --> 01:57:12.000]  Wonderful.
[01:57:12.000 --> 01:57:13.000]  Wonderful.
[01:57:13.000 --> 01:57:15.000]  I'm going to be standing my ground.
[01:57:15.000 --> 01:57:16.000]  All right.
[01:57:16.000 --> 01:57:17.000]  Thank you, Joni.
[01:57:17.000 --> 01:57:18.000]  Okay.
[01:57:18.000 --> 01:57:19.000]  Bye-bye.
[01:57:19.000 --> 01:57:20.000]  Thank you.
[01:57:20.000 --> 01:57:21.000]  Bye-bye.
[01:57:21.000 --> 01:57:22.000]  Bye-bye.
[01:57:22.000 --> 01:57:23.000]  All right.
[01:57:23.000 --> 01:57:24.000]  Well, Joni was the last caller.
[01:57:24.000 --> 01:57:26.000]  At least we got all the callers wrapped up.
[01:57:26.000 --> 01:57:29.000]  We got about a minute and a half left in the show.
[01:57:29.000 --> 01:57:33.000]  So I would like to take this opportunity to say once again, thank you, Alex, for calling
[01:57:33.000 --> 01:57:38.000]  the end and talking up the show and the fact that you do listen to us.
[01:57:38.000 --> 01:57:43.000]  And I would, for one, most certainly would gladly appear on your show.
[01:57:43.000 --> 01:57:44.000]  You have an audience.
[01:57:44.000 --> 01:57:48.000]  I can only begin to dream to reach on this subject matter.
[01:57:48.000 --> 01:57:54.000]  So it would be a great, great opportunity to come on your show and talk about the Texas
[01:57:54.000 --> 01:58:00.000]  laws regarding traffic and transportation being commercial rather than applying to the
[01:58:00.000 --> 01:58:03.000]  private people of the state.
[01:58:03.000 --> 01:58:08.000]  I will make certain that we manage to get in touch with you and I'm sure Deborah will as
[01:58:08.000 --> 01:58:09.000]  well.
[01:58:09.000 --> 01:58:11.800]  But again, people, thank you so much for listening tonight.
[01:58:11.800 --> 01:58:15.840]  This has been Rule of Law Radio, our Monday night traffic show.
[01:58:15.840 --> 01:58:19.400]  Thanks for all the fine callers with the excellent questions.
[01:58:19.400 --> 01:58:21.760]  Thanks for listening in to everybody out there.
[01:58:21.760 --> 01:58:24.560]  Thanks for your continued financial support.
[01:58:24.560 --> 01:58:28.840]  Please continue to donate to the Rule of Law website and to Randy's case so that we can
[01:58:28.840 --> 01:58:34.840]  get this done in proper fashion, get Randy extradited out of this situation, and get
[01:58:34.840 --> 01:58:38.840]  him cleared so he can go back after these guys with a vengeance.
[01:58:38.840 --> 01:58:42.840]  Remember, this is to benefit us all, not just us three.
[01:58:42.840 --> 01:58:44.840]  So hang in there.
[01:58:44.840 --> 01:58:45.840]  Thanks for listening.
[01:58:45.840 --> 01:58:46.840]  We'll see you Thursday.
[01:58:46.840 --> 01:58:47.840]  God bless.
[01:58:47.840 --> 01:59:00.320]  Good night.
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[01:59:21.560 --> 01:59:30.520]  Call us toll free at 888-551-0102 or visit us online at bfa.org.
[01:59:30.520 --> 01:59:36.040]  This translation is highly accurate and it comes with over 13,000 cross references, plus
[01:59:36.040 --> 01:59:40.080]  charts and maps, and an outline for every book of the Bible.
[01:59:40.080 --> 01:59:42.640]  This is truly a Bible you can understand.
[01:59:42.640 --> 01:59:51.000]  To get your free copy of the New Testament Recovery Version, call us toll free at 888-551-0102.
[01:59:51.000 --> 02:00:10.520]  Or visit us online at bfa.org.