How can a police officer present you with a citation and...

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Answer by Common Law Advocate
Submitted on 8/24/2003
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A police officer has no right to make such a demand. In California, when presented with such (minor traffic, for example) citations, I have said "take me to the magistrate" and you can do this where you live, too. You should be whisked away to the courthouse, where you ask the magistrate (insist upon a DULY-SWORN MAGISTRATE, not some downstairs clerk) to "MOVE THE COURT FOR A PROBABLE CAUSE HEARING. Ask questions of the magistrate: "What is the name of the victim, and the nature of the injury? What is the name of the civilian who has sworn a complaint against the accused? What is the evidence to suggest that the accused caused the injury to the victim?" As all traffic infractions (and some misdemeanors) have no victim, and the police officer has not sworn out a complaint against you (s/he may, but it won't be for a legally-defined "crime") the magistrate or judge may see things your way. As long as you have not signed that citation, it is difficult to put you "into" any jurisdiction with which the police officer can comfortably find him/herself in front of a judge. No arrest warrant? No complaining witness? No sworn complaint? No property damage? No bodily injury? Why are you people in my courtroom?! I have taken this to federal court; the local authorities were upset with the persuasiveness of the arguments because it is grounded in solid principles of common law, going back eight centuries to the Magna C(h)arta. Common tricks include telling you a magistrate is unavailable (or "that's not the way it is done around here") and taking you to jail instead. There IS a way to find your way through this, because no state would pass laws preventing you from exercising these rights. In California, one way is Vehicle Code 40302. You really are not compelled to sign that citation, you are just in for an education when you don't. You may likely educate your local law enforcement and enlighten some members of the judiciary, though they SHOULD know what you are talking about when you say "I am not signing that citation because it takes me out of common law jurisdiction and places me into (the disadvantageous jurisdiction of) public law." Where a hopefully-enlightened magistrate or judge takes it from there is your good or bad fortune, but that magistrate is supposed to understand the ideas behind this. These ideas have been so programmed out of modern thinking, that they may as well not exist, except for the fact that they do, and have for centuries, so long as you make use of them. A police officer has the right to search your vehicle "only upon probable cause." It would be to your advantage to strenuously object to any such pending search, then remain silent until counsel can help you. Items seized in a search which is later found to not have been legal (no warrant, no probable cause) are called "fruits of a poisoned tree" and cannot be used against you. You may have legal recourse here in criminal or civil court against the officer. -Common Law Advocate not an attorney, but a Natural Person

Answer by the smartest
Submitted on 9/16/2003
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Please disregard 99% of the above answer to your question, K.R.B. This is a states issue, with some states requiring citizens to sign tickets simply as proof of receipt, while others, such as Michigan, do not require this. Also, while common law applies in the absence of statutory law, most is no longer the primary authority, as statutory law trumps common law. The statutes are what apply to traffic violations, and the language requires no victim or witnesses except for the police officer. If you want to contest a ticket, you schedule a court date, you don't ask the police officer to take you there. While "fruit of the poisonous tree" is a legal argument, there are several search warrant exceptions, including consent, probable cause, and exigent circumstances. Not a natural citizen but a former police officer and law student.

Answer by Common Law Advocate
Submitted on 9/20/2003
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K.R.B. and "the smartest": "the smartest" tells us s/he may have once been a police officer, charged with upholding what the government has enacted as legislated state statutes, and that s/he has studied the law. Had s/he really studied the history of true, centuries-old common law, (many, many centuries older than the US Constitution as well as, for example, "Michigan State Statutes") s/he would not so deeply confuse government with law. Law has always been a service whereas government is force. The early years of common law were a private legal system (likely originally clergy, and eventually, independent arbitrators trusted by "the people") COMPLETELY independent of government. This legal system was found to be very useful in settling disputes -- COMPLETELY independent of government. The distinction is important, and as historical fact, is essentially indisputable. Many students (and police officers, even law students) are taught that law and government are the same thing. They are two very different institutions which do not necessarily go together. "the smartest"'s insistence that you disregard 99% of my answer essentially tells you to ignore my real-life experiences, as well as my city, county (a division of the state of California) and federal courts' agreement with my premise and legal arguments, eventually caving-in to see things my way. This really happened in federal court, and I can give you cites and net-based documents with official seals that you can read for yourself. You may "disregard 99%" of this at your own peril. They are real experiences, they are grounded in common law, and they are part of case law wherever they are properly applied, as in my case. I challenge "the smartest" to describe for all of us exactly how "statutory law trumps common law." (Your statement "most is no longer the primary authority" simply makes no sense whatsoever). Please derive proper jurisdiction and make your legal argument here, identifying yourself as an advocate, officer of the law, officer of the court, lay person, or perhaps just someone who has an education on these matters different from myself. Yes, as you say, "statutes are what apply to traffic violations" BUT if I am not in the jurisdiction of those statutes (called the California Vehicle Code in my local parlance) then you may not just put me there arbitrarily. Most people take themselves out of their right to exercise common law principles exactly by signing the binding contract of a traffic citation (Notice to Appear). That is what obligates you to follow the rules of the court, promising to appear, following the Vehicle Code to the letter, et cetera. But if you immediately insist upon seeing the magistrate and follow the course I outline above, no sane police officer would try to make the California Vehicle Code stick to me, because THERE IS NO JURISDICTION to do so. Look up "jurisdiction" and trace the threads of "legal warrant" and "legal arrest" before you try, because they are key. I am advising K.R.B. of my experiences. You misinterpret that K.R.B. wants to "contest a ticket" and do properly advise that scheduling a court date is one way to do this. But I do not contest the ticket, I ASK THE COURT FOR PROBABLE CAUSE that a crime has been committed. Common law, centuries old, allows me to do this. It allows K.R.B. to do this, it even allows "the smartest" to do this. If you do not understand this distinction, or cannot provide a legal argument which attaches jurisdiction to a motorist stopped for an alleged traffic infraction but who has not yet signed a Notice to Appear, then I cannot invite you to respond to this thread any longer, as you simply do not see law for law, but law for government. Common Law Advocate

Answer by Common Law Advocate
Submitted on 11/17/2003
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An EXCELLENT question! This (all of this, including previous answers obviously) is my opinion. If such a disclaimer is not glaring enough here, you should know better. Most contracts (like a W-4 for your IRS withholdings) can have "UCC 1-207 Sui Juris" attach with no problem. However, think of the contradiction in the case of a "Notice to Appear" (most traffic infraction tickets/citations): you are signing an agreement that fairly clearly takes you out of common law jurisdiction and says you agree to appear before a public law judge. The water is so muddy that I think you could argue this forever. And as to whether or not the court in which you eventually appear has a gold-fringed flag (not a "Title 4" flag according to the United States Code / Federal Regulations) and therefore announces to you that the court is a maritime or military jurisdiction instead of a common law court (like the Court of Pleading in Washington DC)... Welcome to Internet Lore and Urban Legends. This could become a thread on how to find the "real truth" about the law. Who do you ask? Who is the final arbiter of centuries of jurisprudence looked at through the lens of today? The Chief Justice of the Supreme Court? In short, I would not consider an explicit legend that acknowledges your Uniform Commercial Code contractual notice (and attaching rights and responsibilities of both parties) ON what is essentially a contract REMOVING you from common law jurisdiction to be making things easier, more clear, or quicker to dismissing the case. It just complicates matters. Let's keep an interesting thread going! Common Law Advocate (a natural person in a region known as coastal California)

Answer by methusula
Submitted on 12/11/2003
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getting back to the original question by K.R.B. as to whether or not you have to sign a citation, and when an officer can search your vehicle without permission: Contrary to what common law stated, a police officer can demand that you sign a traffic citation in states that require it. It is usually a form of receipt that you received the citation, or that the citation was explained to you. As to the question of jurisdiction, in most states, you agree to be bound by statute law when you sign your driver's license. It is referred to as "implied consent", or something similar. Likewise, for a civil infraction or misdemeanor citation, a complaining witness has just sworn out a statement (complaint) on you... the police officer. That is what a citation is. As for the search, common law advocate is 1/10th correct. Probable cause (with exigent circumstances) is one exception to the search warrant rule for legal searches and seizures. There are nine other exceptions; crossing a national border (border patrol can search when they want), emergency, administratively, consent, hot pursuit, plain view (or plain feel), for an impound, subsequent to an arrest made out of the vehicle (can search anywhere in the vehicle that suspect had access to), and a terry stop (for weapons if officer believes there is a danger of them being present). Also keep in mind that the fruit of the poisoned tree doctrine has a good faith exception. In most jurisdictions, if the officer's believed they searched within the scope of the exceptions, even if they didn't, the evidence stays. For example, they believe you are drunk driving, and arrest you for that offense (on probable cause), and then search your car, finding cocaine or something. Later they drop the drunk driving charges because of lack of evidence, or you are found not guilty at trial, or something like that, the search for the cocaine is still legal, because the arrest (though in the end, you were not found guilty) was still legal. I hope this helps a little. In the end, push police officers as far as you want. Just don't complain about the consequences for doing so.

Answer by Common Law Advocate
Submitted on 1/17/2004
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I would like to ask methusula what, specifically, is "contrary" to anything I have stated? What statute(s) "demand that you sign a traffic citation"? Where is there law stating that a police officer can demand that you sign anything, including a receipt, or something equivalent to understanding an explanation? This is nonsense: you GIVE a police officer any such paperwork WILLINGLY, IF and ONLY IF you are foolish or intimidated enough to do so. This is similar to a court clerk asking you to sign a Jury Summons Affidavit. Present the clerk with your very sincere requirement to see their authority (e.g. a codified statute) that COMPELS you to sign a sworn statement under penalty of perjury -- "this is a very serious undertaking, Mr. Clerk, please help me follow the law by fully understanding my duty." The clerk (though probably not the police officer in the first half of this analogy) will eventually agree with you that there is no such compunction, as it cannot be found. An enlightened judge, however, will know EXACTLY what you are talking about. You DO agree to follow (in my state) the "Vehicle Code" when you sign a driver's license application. HOWEVER, please notice that nowhere does this "exempt" you from the (think of it as "enclosing") larger sphere of COMMON Law, if you are careful enough to remain within its jurisdiction. You are, right now and always, "in" Common Law jurisdiction by default, UNLESS you do something to take you out of it, like sign a ticket, which then triggers entry into "public" law (the "Vehicle Code" in my state). By the way, to eradicate doubt between Common and public Law, it is specifically IN the California Vehicle Code that allows you to say "take me to the magistrate" just in case anybody, like a police officer, has any doubt! (Calif. VC 40302). Use it or lose it, it is your "procedural right." I choose to use it, but that doesn't mean everyone else has lost it, no matter what an improperly-educated police officer believes! As to "implied consent," if I am stopped for suspicion of drunken driving, implied consent states that I must submit to a chemical test UPON PROBABLE CAUSE (e.g. I was weaving while driving, and then the officer smelled alcohol on my breath). I can STILL follow the "take me to the magistrate" strategy I outline above, only then the police officer COULD try to swear out a MISDEMEANOR complaint against me. That differs from the majority of traffic stop cases, which are a strange breed of "pseudo-crime" called "infractions" (actually, these are legally NOT crimes, as there is no injured party -- see People v. Battle 50 C. A. 3d Supp. 1, 123 Cal Rptr. 636). Note, however, that you do not have to do any silly "field sobriety" tests; these are purely voluntary (but I digress). You have confused what the citation is, a "Notice to Appear" that you DO (contrary to your beliefs) VOLUNTARILY sign, with a complaining witness swearing out a complaint against you. These are two very different legal entities! The former is a contract that you have signed, the latter is the beginning procedure of a criminal action against you. These may seem like the same, and they may share SIMILAR results, but they are quite distinct in law. Much of the tenets of Common Law I mention here rest firmly upon the "origin of jurisdiction." California Penal Code 681 says the court MUST have jurisdiction. According to Burns v. Municipal Court (195 C. A. 23. 596 8 Cal Rptr 64), "to constitute jurisdiction, there must be both 1) complaint and 2) warrant." I still maintain that there is NO legal requirement anywhere, in any of the fifty united states to sign a traffic citation (a.k.a. "Notice to Appear") for a non-misdemeanor or non-felony. Anybody with specific evidence to the contrary is welcome to post it here, but please understand that that particular paragraph of law may be moot if the "body" of law containing it is presented to a legally-sworn-to-uphold-the-Constitution judge, and it is determined that in the proper context, it does not apply. If I don't sign, then ask to see the judge, and ask for a probable cause hearing and/or file a Writ of Habeus Corpus, a small paragraph of the Vehicle Code becomes insignificant in the light of a police officer violating basic common law civil rights, like asking who is the injured party, who has sworn out a complaint, etc. Officers do this all the time, because of a severe lack of We, the People speaking up with a polite voice that we still do enjoy these rights, and sir or ma'am, I would like to enjoy them right now. It may be apt to quote Miller v. U.S., F2d 486, 489: "The claim and exercise of a Constitutional right cannot be converted into a crime." Earlier, I purposely did not exhaustively supply most or all of the subtle nuances of legal search and seizure exceptions. It appears that methusula has done a fine job of this; my compliments. I do push police officers as far as my civil rights and the law allow. It is my civic duty to do so and the officer's responsibility to know the law and follow it to the letter. As a citizen, may I urge you to take it upon yourself to learn the history of your legal system? Just because Common Law is centuries-old doesn't mean it doesn't exist. Common Law Advocate (a natural person)

Answer by Common Law Advocate
Submitted on 3/5/2004
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Shame on any Oklahoma (or other jurisdiction) police officers who would plant weapons, drugs or other contraband. To "dwell in a jailcell for weeks not even knowing what you are charged with" is why ANYBODY (even YOU as a jail-cell-dwelling suspect) can file a Writ of Habeus Corpus. It demands that the accuser show the body of the crime you are accused of committing. It must be a REAL CRIME with a victim and/or property damage. Those Oklahoma (and other jurisdiction) police officers deserve to be summarily relieved of their duties (permanently, like for the rest of their lives) and found guilty of "under color of law" crimes in a criminal court. Additional civil penalties wouldn't hurt to deter such outrageous behavior by other officers. Can this happen? It has, and it will, whenever people who care about civil rights stand up for them. Thank you to all who suffer the indignities of a police state gone mad and do not gain personally, but through your efforts of legally and civilly fighting back, we may all stand more firmly on the principles of law in the future. And to those police officers (you know who you are): we are watching, we know our rights, we ARE right, and we outnumber you. Common Law Advocate (a natural person)

Answer by David Parker
Submitted on 6/11/2004
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Actually I have a question. I live in Rancho Cucamonga and I would like to join your study or support group if you have one. I need to learn the basics such as the formatting of motions (I have a format with the 28 line numbers down the left margin and the two vertical blue lines separating the numbers from the text, but I have just ignorantly copied from others and no one can show me any thing that covers all the details of writing a motion.) Anyway, I am about an hour and a half from the coast where I sit now but would like to get together and learn the basics of writing and filing motions, venue, jurisdiction, etc. I have heard Richard Cornforth and Dan Meador (Oklahoma), Luis Ewing, Tim Duffy, Kurt Riggin, Clyde Hyde (Washington), Richard James MacDonald, G. Edward Griffin, (California), Jeff Ganapolski (Georgia), and I need help integrating their methods and philosophies. My email is parkerdw1@juno.com and you can have my phone # if you want.

Answer by we need justice
Submitted on 10/8/2004
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I have a question for "the smartest" who studied law and was a police officer( or anyone who can give some info)... Isn't it a law in California that you must have a valid driver license to drive and that you must have valid auto insurance? Well of course the obvious answer is YES. If this is so, then why did I see a person hit my sister's parked car and getting away with nothing, no ticket or anything. First let me explain the situation... the driver that hit my sisters car was 1)uninsured 2) had no driver license (a 15 year old minor) 3)on probation. Did he not deserve a traffic citation? I was really mad when I found out that he did not receive one, the police officer only wrote a report but did not issue a citation to the driver at fault. What does that do to teach that kid a lesson, nothing obviously because he just went home to watch TV and left his parents there at the scene to handle it for him. I am sure he was breaking the law driving illegally and uninsured. So is it that the police officer did not fulfill his duty? His duty to enforce the laws and to protect and serve? I personally think he did NOT. He did not make it any safer for our community, when a driver is out there driving illegally and uninsured, he is not even old enough to drive (not even 16). Does this mean that I can go out there and drive without a DL or vehicle insurance and I'm not supposed to get a ticket? I think this is completely wrong. please someone respond if you know anything about laws.. I am thinking about filing a complaint with the police dept. or speaking to a city representative (@city council?) I don't know but I want to do something about it because it was not handled well at all. Now my sisters bumper and headlight is destroyed and the parents say the don't have any money and that they do not want to take responsability for their son, they even suggested that he should be taken to jail. I think they are having lots of trouble raising this rebellious teenager and it makes me mad that he got away with all this. I am a teenager and still think that if it was me I would have liked to receive a ticket to see that the police dept. was doing its job. I am more bothered by the fact that the police officer DID NOT ENFORCE THE LAWS as it should, what kind of peace of mind does this give any of us? So I would like to do something about it because our tax dollars are being spent all the time in improving the police dept. I mean we just got a new $70mil police dept in our city and a bunch of new police cars... but what good is it for if some of them are not going to do their job well. I know its only some I never say all as a whole because I cannot assume that one person represents the whole police dept. Well hopefully someone can respond with advice.

Answer by An American Patriot
Submitted on 3/14/2005
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First, I would like to say that "Common Law Advocate"�whoever he is�has provided information that should be deemed 100% lawfully and legally accurate and correct. Good job, Sir, I salute you. Now, for all of you fellow Americans who are suffering under the present tyranny of the United States COMMUNISTic TOTALITARIAN LAW MARTIAL "POLICE STATE" that heralds the 'Stars & Stripes' flag of WAR pursuant to the wrongfully perpetuated 'Declared State of National Emergency,' Military Venue, expressly without the Original Civil/Common Law Jurisdiction of the United States of America (i.e. the several (50) states/republics united) where I WILL to continually live as a Sovereign Texas state Citizen and free man [expressly not a corporate U.S. citizen/person � i.e. "District of Columbian"] and therein herald the superior American ' Stars & Stripes' flag of peacetime [go to www.barefootsworld.net to learn about the American "peace" flag.], I will disclose to you reliable "information" that I hope will help you in "this State" of INSTITUTIONALIZED TYRANNY that all of us find ourselves experiencing on a daily basis. Regarding traffic stops, the Common Law Advocate has done an excellent job in sharing his "correct" PRIVATE opinions with you. I will embellish what he has already told you. I am one who never signs any thing for any Officer of the LAW MARTIAL STATE who I recognize as having unlawfully trespassed from the PUBLIC VENUE into the private venue for the purpose of issuing "skeleton" and simulated process against a "persona ficta" and "enemy war name" [a "person" who's name sounds like mine but is spelled in all uppercase letters � i.e. idem sonans] that is in fact not "me" �it is the government-created, government- owned and government-registered (via a nine digit Social Security Number) Federal-FRANCHISE, an artificial legal entity; of course, most--if not all--peace officers assume and presume that every American is "doing business" and "trafficking" as this legal "person" because it is a true fact that most people have availed themselves of this statute and public-funded, statutory benefit; howbeit, unwittingly, not knowing that by "voluntarily" doing this they effectively changes their political "status" and thereby legally INCAPACITATED themselves to their private detriment. Below is an excerpt from my book, a published 200 page verified criminal complaint: "Las Vegas Under Indictment for Police Brutality and Torture" [I am a bona fide surviving torture victim]..."EXPOSED: COMMUNISTic TOTALITARIAN POLICE STATE OF AMERICA"... �The doctrine of idem sonans [actually used by shyster-attorneys of the ABA-cabal as an �artifice�] is that though a person�s name has been inaccurately written [e.g. spelled in ALL UPPERCASE letters, the persona ficta or �enemy war name," rather than in upper-lower case proper English/proper Christian appellation � e.g. JOHN DOE...versus... John Doe �or� UNITED STATES, the �federal corporation� under Law Martial jurisdiction�versus�United States under Original Civil Jurisdiction; both names sound the same but being completely different by definition.], the identity of such "person" will be presumed from the similarity of sounds between the correct pronunciation and the pronunciation as written. Therefore, absolute accuracy in spelling names is not required in legal proceedings [Bou v. Willits, 61 C.A. 32; 214 P 519], and if the pronunciations are practically alike, the rule of idem sonans is applicable. �Whether one name is idem sonans with another is a question, not of spelling, but of pronunciation.� Galliano v. Kilroy, 94 C 86; 29 P 416]. [Bold and italic emphasis added; Affiant�s comment in brackets. Affiant�s further comment: The use of trickery [i.e. fraud] via this �idem sonans� scheme is another example of how shyster-attorneys and so-called �legal scholars� have deliberately �played word games� to deceive the people; I don�t know about everybody else, but this kind of crafty deception infuriates me. It has taken many years to unravel the twisted twine of attorney-orchestrated deceptions, but we patriots have accomplished enough in our self-study of the law to recognize one thing for certain�that is�who is the ally and who is the enemy among us. Finally, I want you people to know that when you �appear� to traffic court and that black-robed ABA-cabal member calls out�what sounds like your name�it�s not you (the sentient being)!!�it�s the persona ficta (i.e. �enemy� war name) all uppercase spelled name he is calling, the Federal-franchised corporate �person� that you are �doing business� and �trafficking� under in interstate commerce. When you proceed forward to stand in front of the crooked rascal, he knows that you don�t know anything about what�s really going on in his Law Martial Court, and while he pretends to be a �neutral� minister of the law, he is actually in league with the foreign principles (i.e. CREDITORS) who own this country "lock, stock and barrel" and he�s going to see to it that you pay the "direct" excise tax he levies against your Federally-franchised �business��exorbitant as it may be, he does not give a hoot, he�s there to do the job that he�s being lucratively paid to do�and to hell with any personal financial or economic hardships you may already be suffering. You are, in reality, a victim of the massive and extremely evil COMMUNISTic organized crime syndicate and racketeering enterprise that is being operated by the treasonous ABA-cabal; after all, you probably did not even commit a genuine �crime� in the first place, did you? Always try to remember, a so-called traffic infraction or civil misdemeanor is a mere �petty offense� and not a �crime� or �public offense� [People v. Henry Buster Battle, 50 C.A.3d Supp. 1; 123 Cal. Rptr. 636 � June 27th, 1971], as long as you did not cause an injury to person or damage to property; and if this be the case, the peace officer �actually performing in such instance as a �code� enforcement officer and �revenue assessment��who traffic stopped you [which became an �arrest� and 4th Amendment seizure�lacking requisite �probable cause��the moment you �submitted to his assertion of authority� by voluntarily pulling over] broke the law because he is trained at the Academy level that each and every �suspect� he accosts must have been involved in crime or about to commit a crime. You have the legal right--and duty--to file a criminal and/or civil complaint against this �rogue� cop who, by the way, �ceased to represent the government� the moment he violated the Federal and/or State Constitution! Now, if you did cause an injury to person or damage to property (e.g. an auto accident) so as to elevate your misfortune to the level of �penal� crime�and�you�re toting around a permit-card called a �driver license��then show great respect to the peace officer who writes you a ticket instead of taking you to jail because he�s doing you a big favor by letting you sign a �Notice to Appear��since he is actually releasing you on your own �recognizance� (i.e. your �promise to appear� in court to answer for your genuine crime.) This my fellow Americans, is the truth, the whole truth and nothing but the truth. [see: http://www.faqs.org/qa/qa-1464.html.] Anyone who is interested in what I have disclosed in this section, then I much encourage you to visit this web site and examine the entire thread. Very Educational! One of the thing I hope you realize by reading the information at this site is that our brothers and sisters in Law Enforcement, like we civilians, are �VICTIMS� of the massive felony fraud being perpetrated by the ABA-cabal�s unlawfully monopolized and totally corrupt so-called justice system. I have boycotted this criminal �enterprise� and you can lawfully and legally do the same! O.K., now that you got all that down, let's proceed to informing you exactly how to deal with a COMMUNIST uniformed "revenue assessor" who has traffic arrested you in a situation where your have committed no genuine crime. In most STATES the police and the courts need your signature on their "citation" or similiar LAW MARTIAL process. Why? Well, re-read above what the Common Law Advocate has told you about volunteering into their STATUTORY JURISDICTION; but another reason is that your "signature" creates money in our bankrupted nation; each and every traffic ticket is a Bill of Exchange, a commercial note, that will generate revenue to the Public Treasury after it has been perfected after the obligor who signed it is duly convicted and fined for breaching a rule in the "Code" of conduct book that he became party to by having signed the contract [a common law action in assumpsit upon an "implied contract"] via the government-owned and government-issued so-called "Driver License." So, in most STATES, the "traffic" officer needs your "signature." You don't want to produce it upon his citation for any number of meritorious legal reasons which I will not detail here-now. What do you do? ANSWER: YOU SET HIM UP TO COMMIT A SERIOUS FELONY; TWO FELONIES IN FACT. How do you do this? By asking the Officer: "Sir, what is the consequences if I refuse to affix my AUTOGRAPH to your presentment?" My experience has proven that the cop will immediately tell you that he is going to haul you off to jail and impound your car if you do not "sign" his citation. Now, before I continue, it is important that you understand that you must not have caused an injury to person or damage to property...or...you should definitely not attempt this procedure. After the Officer commits the felony of extorting your autograph from you via making an UNLAWFUL AND ILLEGAL THREAT� because the California Supreme Court has held (never overturned) that a cop cannot take you to jail for not signing his traffic ticket in a situation where he has alleged a mere "petty offense" against you. This Court has held in a different case that the entire "cite and release" procedure is an "HONOR SYSTEM" ...which means you can dishonor the process if you have bona fide lawful or legal grounds to do so. O.K., you don't want to go to jail...so...you AFFIX YOUR AUTOGRAPH to the citation of this Federal Paramilitary Peace Officer ...but...print legibly next to your autograph: "under duress." Now, when the Officer happily walks away with his citation, he has just committed felony larceny because he does not have your "signature"�what he has is stolen private property (i.e. your "autograph"). He has committed to genuine common law crimes during the course of the traffic arrest, theft of your private property and extortion to coerce you into compliance with his unlawful and illegal demand. Oh, he also committed a third felony by forcing you to perform the physical and mental tasks of labor (i.e. force "involuntary servitude, a Federal and State felony) because you had to exert "labor" to produce/scribe your autograph. To understand the difference between an autograph and a "signed" signature, see legal definitions of these terms in the Uniform Commercial Code. While both terms are defined as one's handwritten name or "autograph," a "signature" is one's autograph given "voluntarily" and "with intent." If these two elements are absent when someone demands your signature from you�then, in commercial law, it is as if no "signature" were ever given. Your work is not over yet. After you have escaped this confrontation with a Federal Paramilitary Peace Officer without getting beat up, maimed, or killed, you go home and type out a felony complaint against the cop who committed all these "real" crimes against you. This felony complaint needs to state the facts only, no opinions or conclusions unless backed-up by cited Supreme Court "Opinion(s)" or other legal source ...and...be styled as a "sworn statement"�then notarized so that it becomes a VERIFIED CRIMINAL COMPLAINT. Now submit this powerful instrument by mail to the court, the city attorney, and the local District Attorney's Office...after first (if possible but not necessary) entering it into the Public Record by filing it with the Clerk of the Court that will be handling your traffic case/file. You can also mail a copy of your sworn felony complaint to the cops Captain at whatever station he works from. Do not ever correspond with the officer who perpetrated felonies against you because you are prohibited by law from "associating" with criminals, especially felons. Well, guess what, when the Officer mails the original copy of his citation to the traffic court, said "court" has unknowingly "received stolen property"�a felony!!! But, you will need to mail them a letter to make sure they know this fact, attaching to your letter a copy of your sworn felony complaint against the ROGUE cop. He, of course, is bonded/insured in case he should ever become criminally insane and start committing felonies against we "civilians"...so...be sure and send his insurance company a copy of the felony complaint. This usually is not necessary, however, since it is a felony to conceal a felony and the cop's organization is required to report his crime to the bonding company; and neglect, refusal or failure to do will constitute INSURANCE FRAUD, a felony. The officer, by law, will be placed on administrative leave pending the "official criminal investigation" that must be conducted by the District Attorney's Office. You, the felony crime victim, are protected under the law as a "victim"..."witness" ..."informant"...and aggrieved "complainant" to felony crime, a "special" status and "protection" is guaranteed to use under the law. See the "Crime Victim's Bill of Rights" for your jurisdiction. Prior to executing this lawful procedure, it is an excellent idea for you to send by certified mail an "OFFER" for your City, County, and State�via their respective "purchasing/finance departments"�to lawfully license your "autograph" for...say...ten million dollars per year. Also, offer them to license your "labor" for ten million dollars per year so that when you are unlawfully and illegally forced to perform the labor of producing/scribing your autograph, you will be entitled to compensation as the State has also violated the "unjust enrichment" doctrine. Now, the next step is to simply INVOICE the corporation that stole your private property from you; the courts have held that one's "labor" constitutes "private property" and no one will have the audacity to claim that your common law-copyrighted "autograph" is not your private property. Follow the procedure provided in your State's Uniform Commercial Code for collect the debt owned you. What I have told you above is all disclosed in my new book. This information is not "theory"...IT IS SUCCESS PROVEN. I have not paid a traffic ticket or even had to appear in any traffic court in the last five years. All my traffic tickets just magically disappear�no record of it can be found! Why? A felony complaint is the most powerful legal instrument left to us victims of the present DISTRICT OF COLUMBIA "foreign"..."occupation" of United States of America (i.e. the several (50) de jure states/republics united) under the President's and Commander- in-Chief's LAW MARTIAL (jurisdiction) COMMUNISITic TOTALITARIAN POLICE STATE. Be sure to state always state true facts since it is a serious felony to file a felony complaint against anyone, especially a Federal Paramilitary Peace Officer; your sworn complaint must back-up your INVOICE for billing purposes. Presently, the Stat e of California owes me One Hundred Million Dollars. It does not matter that they refuse to pay�of course not�they're CRIMINALS!!! Criminals do not obey the law; they're "outlaws." But, you see, it doesn't matter because an uncontested invoice/bill�backed by a "lawful claim" (i.e. your felony complaint) becomes a common law lien after 90 days. The State of California owes me One Hundred Million dollars which I'm confident I'll eventually collect, and certainly, after the government ends LAW MARTIAL RULE and returned us to bona fide "Civil" Rule (hopefully this will happen in my lifetime.) Please share this message with everybody you know because it constitutes a lawful and direct attack on the embedded COMMUNISM that has "taken over" this country (from within) without a shot being fired. To view a video clip of me getting my car and autograph stolen by California Highway Patrol "highwaymen" ...go to... www.williammcnamara.com ...click "documentary" ...then...click "raw footage � Malcolm clip." I highly recommend that you watch all of these 5 to 10 minute video clips so that you will understand that the American Justice System is COMMUNIST!!!! DISCLAIMER: I am not a attorney and I do not practice law. All information is provided herein as my private opinion. I will not be responsible or liable for anyone's use or misuse of this information. Take responsiblity for your own actions. Do your own research to verify all facts presented. Peace to you all. Further I sayeth naught. An American Patriot and Political Genocide Survivor (i.e. the American "Sovereigns" and "official ruling power and authority" in America, now almost extinct�having been replaced by enfranchised corporate U.S. citizens/District of Columbians.

Answer by Anonymous
Submitted on 9/3/2006
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Keep in mind that though the American criminal justice system is standard for the United States, laws and the ways the police, courts, and corrections handle possible offenders may differ from state to state to say the least. As far as I see it, this thread is intended to educate K.R.B. and perhaps others that are ignorant of the justice process, but K.R.B.'s question may be answered more accurately if K.R.B. were to indicate what state or county of interest. Also, what specifics is K.R.B. looking for (personal experiences, the actual American criminal justice process, or both? There is no doubt that individual rights and public order through the administration of criminal justice do not balance in a varying of circumstances (and throughout the years changes have occurred and will continue in the future), but there are some instances where cases are handled appropriately.

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<< Back to: Lawful Arrest/Search/Seizure FAQ

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Question by K.R.B
Submitted on 7/27/2003
Related FAQ: Lawful Arrest/Search/Seizure FAQ
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How can a police officer present you with a citation and demand that you sign it, and tell you that by signing the citation that it is not an admission of guilt. The officer then states that by not signing something that you don't agree with will result in your being arrested and detained,even though the citation does not have any thing written on it to validate that officers claims. As police officers do they have the right to search your vehicle after you don't give them your consent. If they are wrong committing these acts, is there any legal actions that can and should be brought against them.

Answer by glc
Submitted on 11/6/2003
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What if you signed the notice to appear and used the words "without prejudice--UCC 1-207" with your signature? Would you consider this to be a viable way to retain one's common-law rights?

Answer by chuckhessen
Submitted on 11/21/2003
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What about being cited under Ca 21107.7. CA vehicle code Where there has been no observed traffic violation and officers on foot at gunpoint order someone from a vehicle, to question the occupants about a crime never commit-ed, then search the vehicle, detain the driver for more than 2 hours,cite and then tow the vehicle. 12 days later return with a barebones warrant with 15 officers and arrest 7 persons. All based on an item found while performing a search that should have never happened!

Answer by JOSH NG WEI QING
Submitted on 2/19/2004
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INTERNATIONAL WARRANT OFFICER

Answer by norseman
Submitted on 3/4/2004
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In Oklahoma anyway, police can and will do whatever they wish to you and your vehicle despite any protest. They also can & will plant items such as drugs &/or weapons on your person &/or vehicle to create compromising/bargaining situations. You also might dwell in a jailcell for weeks not even knowing what you are charged with. It's nice to hear that some states might possibly have some rules & regulations concerning these matters whether or not they are actually heeded by any officers or not.

Answer by concerned
Submitted on 8/8/2004
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It's fine that CLA wants to "push the police officers as far as [his] civil rights and the law allow," but it all boils down to who is coming to the rescue when his life is in danger or he needs help. It's going to be the police. And you know what? They're not going to care if he dislikes them or his situation puts their lives in danger; they will help him regardless of these factors, and there's not very many others out there who would do the same. Not even a close friend or family member. Think about it.

Answer by Common Law Advocate
Submitted on 4/1/2005
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It was not that hard to find at all (nine months since your question notwithstanding). See 50 Cal.App.3d Supp. 1 People v. Battle June 27, 1975. Crim. A. No. 13180 http://login.findlaw.com/scripts/callaw?dest=ca/calapp3d/50/supp1.html

Answer by Conservative_East
Submitted on 9/23/2005
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Only in California. This state may as well have its own constitution. The rest of the country does just fine and understands that police officers and judges are doing a job and there is no need to attempt and challenge what is written as statute or common law (not in the US). Everyone has their day in court and that is where issues are settled.

Answer by Boxers
Submitted on 5/7/2006
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An police officer did not gave me traffic ticket as well as uniform and complaint summon and implied contest does not his signature either. What to do about for hearing court? I think it should be motion to dismiss?

Answer by MIMI
Submitted on 11/2/2006
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Where would i start to find such information about the laws in Pennsylvania. I have access to my law library, but there is so much information. I have no problem studying to find what i am looking for. I just need to be pointed in the right direction.

Answer by Ryan
Submitted on 11/21/2006
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Do officer(Ranger) have the right to gunpoint and handcuff you in a hunting zone when you are staying 7ft from the road? Do they suppose to call you or gunpoint then force you to lay on ground and handcuff even though you are innocent and haven't commit-ed any type of crime? thank, Ryan

Answer by COP
Submitted on 12/12/2006
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Stop breaking the laws of your state and you wouldn't have to worry about this topic, retards.

Answer by Adam
Submitted on 1/2/2007
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Common Law Advocate, you still around? E mail me. I have a question. xyzadam@gmail.com The question is about a movie I just watched called Freedom to Fascism. It really was quite scary actually. It sort of woke me up. Please email me if you are still watching this thread.

Answer by Creditwrench
Submitted on 2/12/2007
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I am a personal friend of Richard Cornforth and live just 8 miles from him. I was also a personal friend of Dan Meador and have attended all of his Freedom Hall meetings. As a result I also know Louis Ewing quite well. I don't know Kurt Riggin but I do know that he is a close friend of Louis Ewing and that they teach much the same things. I can assure you that Richard Cornforth does not subscribe to the same garbage as Louis Ewing spews about so freely. Ewing has gone to jail many times for his junk legal theories. Most people simply don't want to go there. The cost is far too great in comparison to the cost of the fine. Bill Bauer Oklahoma City, Ok. Creditwrench

Answer by Law Army General
Submitted on 3/26/2007
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People v. Battle at 50 Cal App3rd Supp.1 declares infractions are non-criminal despite being listed in section 16 of the CPC. Sec. 201 of the California Government code declares that the state only has power to punish for crimes. There is nothing in 201 about public offenses or any other crap.

Answer by Common Law Advocate
Submitted on 5/22/2007
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A slightly more exact cite is People v. Battle (1975) 50 Cal.App.3d Supp. 1, 7 [123 Cal.Rptr. 636] The concluding opinion (by Hon. P. J. Holmes) states in part: "In the overwhelming majority of infraction cases the primary interest of the accused will be served by expedition in disposal .... [The] swift disposal of infraction cases ... is the chief reason for classifying them as such." See, it is in the state's interest to dismiss the case!

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