[00:00.000 --> 00:05.000]  Ah, that new car smell.
[00:05.000 --> 00:09.000]  Well, maybe it's not so great after all.
[00:09.000 --> 00:12.000]  In fact, it could be downright bad for your health.
[00:12.000 --> 00:16.000]  I'm Dr. Catherine Albright, and I'll be right back to tell you why it stinks.
[00:16.000 --> 00:18.000]  Privacy is under attack.
[00:18.000 --> 00:22.000]  When you give up data about yourself, you'll never get it back again.
[00:22.000 --> 00:26.000]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[00:26.000 --> 00:32.000]  So protect your rights, say no to surveillance, and keep your information to yourself.
[00:32.000 --> 00:34.000]  Privacy, it's worth hanging on to.
[00:34.000 --> 00:38.000]  This public service announcement is brought to you by StartPage.com,
[00:38.000 --> 00:42.000]  the private search engine alternative to Google, Yahoo, and Bing.
[00:42.000 --> 00:45.000]  Start over with StartPage.
[00:45.000 --> 00:48.000]  There is nothing quite like that new car smell,
[00:48.000 --> 00:52.000]  but it turns out it's actually the smell of some very toxic chemicals.
[00:52.000 --> 01:00.000]  The 250 pounds of plastic adhesive and foam in every new car release toxic benzene, acetone, and formaldehyde.
[01:00.000 --> 01:06.000]  These chemicals can cause cancer and are linked to birth defects, impaired learning, and premature births.
[01:06.000 --> 01:09.000]  One recent study looked at the air inside of six new cars
[01:09.000 --> 01:13.000]  and found more than 20 times the safe amount of those chemicals.
[01:13.000 --> 01:16.000]  Fortunately, they decay at the rate of about 20% a week,
[01:16.000 --> 01:20.000]  reaching normal indoor air quality levels in about six months.
[01:20.000 --> 01:24.000]  So buy your next car used, or at least roll down the windows.
[01:24.000 --> 01:31.000]  I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com.
[01:31.000 --> 01:33.000]  Hold it right there, bucko.
[01:33.000 --> 01:37.000]  That photo was poorly lit and your composition is all wrong.
[01:37.000 --> 01:41.000]  Those could be the last words you hear before police confiscate your camera.
[01:41.000 --> 01:45.000]  I'm Dr. Catherine Albrecht, and I'll be back with the scoop.
[01:45.000 --> 01:47.000]  Privacy is under attack.
[01:47.000 --> 01:51.000]  When you give up data about yourself, you'll never get it back again.
[01:51.000 --> 01:55.000]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:55.000 --> 01:57.000]  So protect your rights.
[01:57.000 --> 02:01.000]  Say no to surveillance and keep your information to yourself.
[02:01.000 --> 02:03.000]  Privacy, it's worth hanging on to.
[02:03.000 --> 02:07.000]  This public service announcement is brought to you by StartPage.com,
[02:07.000 --> 02:11.000]  the private search engine alternative to Google, Yahoo, and Bing.
[02:11.000 --> 02:14.000]  Start over with StartPage.
[02:14.000 --> 02:18.000]  Police are detaining people for taking perfectly legal pictures.
[02:18.000 --> 02:23.000]  They've apparently become art critics with instructions to determine whether people's photos have, quote,
[02:23.000 --> 02:25.000]  a parent aesthetic value.
[02:25.000 --> 02:31.000]  The idea is to stop terrorists, though what a terrorist could do armed with just a camera is beyond me.
[02:31.000 --> 02:36.000]  What innocent photographer got stopped for taking pictures of a refinery in Long Beach, California?
[02:36.000 --> 02:40.000]  Another got a full pat-down for filming the outside of the courthouse.
[02:40.000 --> 02:46.000]  In addition to judging people's photos, cops are harassing anyone with a camera who doesn't look like, quote,
[02:46.000 --> 02:48.000]  a regular tourist.
[02:48.000 --> 02:53.000]  So next time you visit Long Beach, wear a big Hawaiian shirt and make sure your photos are gorgeous.
[02:53.000 --> 02:55.000]  I'm Dr. Catherine Albrecht.
[02:55.000 --> 03:12.000]  For more news and information, visit CatherineAlbrecht.com.
[03:55.000 --> 04:08.000]  All right, folks. Good evening. This is the Monday Night Ruin and Gloss Traffic Show.
[04:08.000 --> 04:14.000]  It is March 26, 2012. We are live tonight. No archives. Thank goodness.
[04:14.000 --> 04:20.000]  Tonight, I've got some information I want to share with you about a case that I am working on.
[04:20.000 --> 04:23.000]  The individual will recognize it when I mention the where.
[04:23.000 --> 04:27.000]  I am still working on your docs, so please be patient with me.
[04:27.000 --> 04:32.000]  The stuff that I have discovered about where you're having to fight this case.
[04:32.000 --> 04:40.000]  And when I discuss it tonight, you'll see exactly why I'm having to particularly sculpt your documents a certain way,
[04:40.000 --> 04:44.000]  completely different from those that are included in the regular documents.
[04:44.000 --> 04:47.000]  Okay, Deborah, you said you had an announcement you needed to make.
[04:47.000 --> 04:54.000]  Oh, yeah. Just a quick announcement here for folks that are listening right now, may have been listening earlier to the Frameline Report
[04:54.000 --> 04:57.000]  and who will be listening this week and upcoming.
[04:57.000 --> 05:03.000]  You'll notice that there has been a program change at the top of the hours now.
[05:03.000 --> 05:10.000]  We're no longer running INN World Report News, and that is no fault of ours, unfortunately.
[05:10.000 --> 05:24.000]  INN World Report News has had to indefinitely suspend their operation, most unfortunately, due to financing issues.
[05:24.000 --> 05:36.000]  They had a donor that was providing a space for them for their studio, and unfortunately, that space is no longer available.
[05:36.000 --> 05:41.000]  And so they're going to have, they're scrambling now to try to come up with funds.
[05:41.000 --> 05:51.000]  But folks, if you want to try to support INN World Report News and try to help them get some funding together so that they can get a new studio space,
[05:51.000 --> 05:53.000]  they would very much appreciate it.
[05:53.000 --> 06:03.000]  I mean, they've been making three top of the hour news clips a day for quite some time now on basically almost no money.
[06:03.000 --> 06:09.000]  And it takes a large team of people to do this, and it takes a few, several hours a day.
[06:09.000 --> 06:12.000]  I mean, it's three three-minute news breaks a day.
[06:12.000 --> 06:20.000]  That's nine minutes of news total that they do every day, and it takes a lot longer than nine minutes to put it together, folks.
[06:20.000 --> 06:21.000]  It takes several people.
[06:21.000 --> 06:22.000]  It takes time.
[06:22.000 --> 06:23.000]  They have to do the research.
[06:23.000 --> 06:25.000]  They've got to do the recording.
[06:25.000 --> 06:37.000]  They've got to do the editing and then put it all together and the mixing and get it out to the networks in time for them to be able to run it in a timely manner in the afternoons and the evenings.
[06:37.000 --> 06:48.000]  And so, folks, we do very much miss the INN World Report News here at Logos Radio Network, and I know all the listeners on the affiliates do as well.
[06:48.000 --> 06:56.000]  So, folks, if you want to try to help them out, you can go to INNWorldReport.net.
[06:56.000 --> 06:58.000]  I believe it's their website.
[06:58.000 --> 07:00.000]  You can just look up INN World Report News.
[07:00.000 --> 07:02.000]  I don't think it's INNWorldReport.com.
[07:02.000 --> 07:03.000]  That's a different website.
[07:03.000 --> 07:08.000]  But if you go to INNWorldReport.net, yes, that's what it is.
[07:08.000 --> 07:13.000]  Why don't you send them an email, send them a contact, find out what you can do to help.
[07:13.000 --> 07:22.000]  But it's going to take some significant funding for them to get their news, to get them going again with their news, because they're going to have to rent studio space now.
[07:22.000 --> 07:29.000]  So, at any rate, I just wanted to make that announcement so that folks don't think that, you know, we got rid of them or anything.
[07:29.000 --> 07:30.000]  We certainly do miss them.
[07:30.000 --> 07:32.000]  So, I've rearranged some of the programming.
[07:32.000 --> 07:38.000]  I'm running Catherine Albrecht at the top of the hours now, and I rearranged the ads on some of the other breaks.
[07:38.000 --> 07:47.000]  So, that's why you'll be hearing those programming changes, and we certainly sincerely hope that we'll be getting INN back as soon as possible.
[07:47.000 --> 07:52.000]  So, go to INNWorldReport.net if you want to try to help those folks out.
[07:52.000 --> 07:57.000]  All right, Eddie, that's all I have.
[07:57.000 --> 08:00.000]  Eddie?
[08:00.000 --> 08:01.000]  Sorry, I'm here.
[08:01.000 --> 08:02.000]  Okay.
[08:02.000 --> 08:07.000]  I was asked to do some paperwork for a gentleman who hired me to get his court doctor ready and everything.
[08:07.000 --> 08:10.000]  For a traffic case that he has.
[08:10.000 --> 08:22.000]  Well, while I was working on these docs, I had to, of course, look up information about the court and everything where he has to go to have the ticket handled.
[08:22.000 --> 08:33.000]  And I found some very interesting issues with a city just outside of Dallas called LaVon, L-A-V-O-N.
[08:33.000 --> 08:44.000]  It would appear that the municipal court judge in LaVon is an assistant attorney general for Texas.
[08:44.000 --> 08:56.000]  And not only is he the municipal court judge for LaVon, he is the municipal court judge for at least two other municipalities in the same area.
[08:56.000 --> 09:05.000]  Now, that in and of itself not so bad except for the assistant attorney general and the judge part.
[09:05.000 --> 09:06.000]  Why?
[09:06.000 --> 09:18.000]  Because we have an officer who is exercising the powers of two different departments of government simultaneously.
[09:18.000 --> 09:30.000]  Even though the attorney general's office is created under Article 5, all of its activities are executive.
[09:30.000 --> 09:36.000]  Everything it does is an executive function.
[09:36.000 --> 09:48.000]  So an assistant attorney general is in an executive function, but he's exercising judicial authority when he acts as a judge.
[09:48.000 --> 10:03.000]  And in the Texas Constitution under Article 2, separation of powers or division of powers, it very clearly states that no member of one department.
[10:03.000 --> 10:08.000]  Now, it doesn't say anything about simultaneous activities, nothing of the sort.
[10:08.000 --> 10:32.000]  It very clearly states that no member, meaning if you're in any type of capacity within that department, then you are forbidden to exercise the power and authority of any office in any other department.
[10:32.000 --> 10:40.000]  It's not limited to your activities, it is specifically addressing your capacity.
[10:40.000 --> 10:53.000]  If you are a judicial officer, you may not perform any of the duties associated with those of an executive officer and vice versa.
[10:53.000 --> 11:01.000]  Yet that's exactly what they're doing in LaVon with the municipal judge, but it doesn't stop there.
[11:01.000 --> 11:22.000]  Not only is the municipal court judge crossing this line, the city administrator, which is another executive office, also happens to be the city attorney and the city prosecutor.
[11:22.000 --> 11:33.000]  So guess what? You now have another executive individual exercising judicial authority going the other way, okay?
[11:33.000 --> 11:40.000]  So this is beginning to be a problem, but wait, there's more.
[11:40.000 --> 11:52.000]  You have the clerk of the municipal court who also appears to be the clerk of the local JP court.
[11:52.000 --> 11:59.000]  Now, I really don't have a problem with a clerk actually clerking in two different courts, okay?
[11:59.000 --> 12:06.000]  Even if one is municipal and the other is county, that in and of itself, I don't have an actual issue with.
[12:06.000 --> 12:22.000]  But what I do have an issue with is that this clerk of these courts also happens to be the clerk for the Frickin Police Department, an executive office.
[12:22.000 --> 12:43.000]  So in the city of LaVon, we have everybody involved in the prosecutorial and or judicial process of handling traffic citations, violating the separation of powers doctrine.
[12:43.000 --> 12:48.000]  The judge is in violation, the clerk is in violation, the prosecutor is in violation.
[12:48.000 --> 12:58.000]  None of these people have any lawful authority to do what they're doing because we don't know which job they had first.
[12:58.000 --> 13:08.000]  And whichever one they had first forbids them from exercising the power and authority of the other.
[13:08.000 --> 13:14.000]  So right off the bat, the city of LaVon is going to be an interesting case to fight.
[13:14.000 --> 13:19.000]  Why? Because these are issues that must be raised and challenged.
[13:19.000 --> 13:24.000]  When losers draw, they will never be overcome if they're not challenged.
[13:24.000 --> 13:27.000]  So we have to address them in this gentleman's case.
[13:27.000 --> 13:44.000]  Because there is absolutely no way you can get a fair trial when the judge also happens to be an executive officer under the attorney general's office.
[13:44.000 --> 14:02.000]  You can't get a fair trial when the clerk that has constant continuing ongoing access to your record actually also clerks and works for the very people that wrote you the citation and accused you of doing something wrong.
[14:02.000 --> 14:12.000]  So again, just like the issue we have here in Austin, where the clerk signs the complaint, thus putting the court in the position of a witness for the state.
[14:12.000 --> 14:19.000]  Here, the woman actually holds a job in both places as a witness for the state.
[14:19.000 --> 14:27.000]  If she signs the complaint in her capacity as the clerk of the police department, she's coming against you.
[14:27.000 --> 14:33.000]  But she will also be the one in charge of the record in the judicial department that's adjudicating your case.
[14:33.000 --> 14:44.000]  And if she signs the complaint in her capacity as a clerk of the court, she is also a witness for the state as the clerk of the police department.
[14:44.000 --> 14:51.000]  It's a no-win situation for anybody that happens to get caught up in the Levant Municipal Court.
[14:51.000 --> 14:57.000]  Or possibly even the JP Court if she clerks in both of them.
[14:57.000 --> 15:06.000]  So this is going to be a very interesting case to argue. I do not envy this gentleman having to make all of these various arguments,
[15:06.000 --> 15:13.000]  though all he really has to do is read the ones I write down and learn them so they don't know what he's talking about with it.
[15:13.000 --> 15:19.000]  But what I'd really like to discuss tonight is, of course, traffic issues in general.
[15:19.000 --> 15:37.000]  But if anyone out there has appeared in the Levant Municipal Court and would like to call in and comment on what you've seen, heard, or know above and beyond what I found out on this issue, please do so.
[15:37.000 --> 15:51.000]  But right now, this is actually going to take more work than I figured it was going to because of all these adverse issues just in the municipal court itself.
[15:51.000 --> 15:54.000]  Doesn't have anything to do with the traffic citation.
[15:54.000 --> 16:01.000]  Most of the due process violations are going to come strictly from the basis of employment.
[16:01.000 --> 16:07.000]  What job do you actually hold at what time when you're actually coming against me?
[16:07.000 --> 16:11.000]  Are you acting as a clerk of the court or a clerk of the police department?
[16:11.000 --> 16:18.000]  Are you acting as an attorney general executive officer or are you acting as a judicial officer under the municipal court?
[16:18.000 --> 16:25.000]  Are you acting as the executive city administrator or the judicial city prosecutor in this case?
[16:25.000 --> 16:34.000]  And then do I serve you with a tort letter later on when I sue your little city as the city administrator in your executive capacity?
[16:34.000 --> 16:41.000]  Anybody else see a convoluted cluster, whatever you want to call it for this problem?
[16:41.000 --> 16:43.000]  Because I sure do.
[16:43.000 --> 16:46.000]  Alright folks, this is Rule of Law Radio.
[16:46.000 --> 16:50.000]  The calling number is 512-646-1984.
[16:50.000 --> 16:56.000]  This is Eddie Craig, Randy Kelton, Deborah Stevens, Rule of Law Radio. We will be right back after the break.
[17:20.000 --> 17:22.000]  It's about serial hypocrisy.
[17:22.000 --> 17:24.000]  This election is about trust.
[17:24.000 --> 17:27.000]  There's been one true consistent candidate, and that's Dr. Ron Paul.
[17:27.000 --> 17:30.000]  Ron Paul has been so consistent from the very beginning.
[17:30.000 --> 17:32.000]  He seems like a more honest candidate.
[17:32.000 --> 17:35.000]  He tells the truth about what he believes, whether you like it or not.
[17:35.000 --> 17:40.000]  He's never once voted for a tax increase, never once voted for an unbalanced budget.
[17:40.000 --> 17:44.000]  Ron Paul's plan is bold. He's got five departments. It's what we need.
[17:44.000 --> 17:48.000]  When he says he's going to cut a trillion dollars in the first year, I believe it.
[17:48.000 --> 17:53.000]  We don't like how things are going. He's tired of politicians. He's something different.
[17:53.000 --> 17:54.000]  Ron Paul.
[17:54.000 --> 17:55.000]  Ron Paul.
[17:55.000 --> 17:56.000]  Ron Paul.
[17:56.000 --> 17:57.000]  Ron Paul.
[17:57.000 --> 17:58.000]  He's the one we've been looking for.
[17:58.000 --> 18:01.000]  I'm Ron Paul, and I approve this message.
[18:01.000 --> 18:06.000]  Are you being harassed by debt collectors with phone calls, letters, or even lawsuits?
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[19:12.000 --> 19:41.000]  Alright folks, we are back.
[19:41.000 --> 19:48.000]  So far, we don't have anybody up on the collar board, so I'm going to go into this a little bit more while we are waiting for folks to call in.
[19:48.000 --> 19:59.000]  Wesley, if you're out there and you have any questions, queries, or posers about how you're going to have to handle this, please give us a call 512-646-1984.
[19:59.000 --> 20:04.000]  I do not know if he is listening tonight or not, but it would sure be helpful if he is.
[20:04.000 --> 20:15.000]  Okay, now, if we have a division of powers problem, then we automatically run into a due process problem.
[20:15.000 --> 20:29.000]  Why? Because we never know under which capacity the individual in question is acting against us as a respondent in these traffic cases or any other case for that matter.
[20:29.000 --> 20:40.000]  If we go into a court where the judge wears the hat of judge, jury, and executioner, we can pretty much expect a fair trial is not coming out of this court.
[20:40.000 --> 20:44.000]  Why? Because he gets to make all the decisions and all the rules.
[20:44.000 --> 20:51.000]  What other area of law do we know of that allows that to happen?
[20:51.000 --> 21:01.000]  See, this is the quandary that LeVon has now put on the appellate courts when we raise these issues and we get this up for appeal.
[21:01.000 --> 21:19.000]  If they are going to allow these people to function as they are, knowing that it commits these violations, then that is a tacit open admission
[21:19.000 --> 21:25.000]  that we are no longer under a constitutional law system.
[21:25.000 --> 21:29.000]  We are now under a commercial admiralty system.
[21:29.000 --> 21:31.000]  We have to be.
[21:31.000 --> 21:36.000]  It's the only way they can cross those lines and there not be repercussions.
[21:36.000 --> 21:41.000]  Why? Because at sea, the captain of the ship is the law.
[21:41.000 --> 21:42.000]  He is the judge.
[21:42.000 --> 21:46.000]  He is the ultimate authority in every respect.
[21:46.000 --> 21:49.000]  He can make the rules as he sees fit.
[21:49.000 --> 21:58.000]  He can enforce the rules as he sees fits and he can execute punishment for violation of the rules as he sees fit.
[21:58.000 --> 22:00.000]  That folks is admiralty.
[22:00.000 --> 22:13.000]  And if these lower courts are supported by the higher courts in doing exactly those things, then what other kind of system can we possibly be under?
[22:13.000 --> 22:15.000]  It cannot be a constitutional republic.
[22:15.000 --> 22:27.000]  If it is, then the magistrates at every level are guilty of treason or sedition at least.
[22:27.000 --> 22:29.000]  There is no way out of that.
[22:29.000 --> 22:40.000]  You can't violate every precedent of the constitution and then say we didn't do anything wrong or it's okay.
[22:40.000 --> 22:43.000]  You just can't.
[22:43.000 --> 22:47.000]  So either we're under that system or we're not.
[22:47.000 --> 22:55.000]  By forcing the appellate court to address this, they're going to have to determine, well, how close are we to the actual tipping point anyway?
[22:55.000 --> 22:59.000]  Are we close enough that we can say it doesn't matter?
[22:59.000 --> 23:12.000]  They shall be allowed to continue to function as they are in any manner they deem appropriate, thus declaring we are now officially constitutionalists.
[23:12.000 --> 23:13.000]  Okay?
[23:13.000 --> 23:19.000]  There is no such document anymore and the captain has full control.
[23:19.000 --> 23:29.000]  Or weigh your options of are the people docile enough at this stage to accept this or not?
[23:29.000 --> 23:49.000]  And if not, then the tipping point's going back the other way and the court has to find what is going on in Levant to be completely in violation of and repugnant to the right of due process and the separation of powers, doctor.
[23:49.000 --> 23:52.000]  There's not much else they can do.
[23:52.000 --> 23:55.000]  They've got one of those two ways to go.
[23:55.000 --> 24:21.000]  If you want to know why the appellate court sits on these types of decisions for so long before coming up with an answer if they ever do, and you know when you've made the right argument, the longer it takes for them to come back with something for or against your appeal or your lawsuit,
[24:21.000 --> 24:40.000]  the more likely it is that you argued something correctly and in a way that they have no way to dodge it without coming up with one of those opinions that blatantly violates the obvious.
[24:40.000 --> 25:01.000]  And we can recognize them easy enough when we see them. I know I've read enough of them, especially here in Texas, where these courts have considered one statute out of ten to make their determination when the other nine clearly went against the decision they and interpretation they made.
[25:01.000 --> 25:11.000]  Had they taken them all these imperimaterious statutes together, they could not have possibly reached the conclusion in the decision that they did.
[25:11.000 --> 25:25.000]  So it's obvious they only considered the statute and the language that would let them get the answer they wanted, not the one that was correct.
[25:25.000 --> 25:38.000]  And believe me, when you read as many of these cases from these morons as I've had to, just to facilitate these arguments and figure out the best way to make them and the points to raise.
[25:38.000 --> 25:46.000]  And that's just the ones that I've come up with. That doesn't include the ones that Harman Taylor's come up with in the years he's been doing this.
[25:46.000 --> 25:54.000]  It doesn't include the ones that he and I have discussed and collaborated on together and cropped up and pointed out.
[25:54.000 --> 26:04.000]  I mean, just the ones that I've come up with in the small amount of time I've actually been doing the due process stuff is egregious in the numbers.
[26:04.000 --> 26:12.000]  I mean, it's horrible how much stuff I've uncovered that these courts fail to address.
[26:12.000 --> 26:22.000]  All for the intentional purpose of keeping power in the hands of government and control over the people intact.
[26:22.000 --> 26:28.000]  Has nothing to do with justice. Absolutely has nothing to do with law.
[26:28.000 --> 26:38.000]  Why? Because the decision they made went absolutely contrary to the language of the very law there and pretending to interpret.
[26:38.000 --> 26:44.000]  Okay, only an appellate court can say up actually means down.
[26:44.000 --> 26:49.000]  And sideways actually means going a circle.
[26:49.000 --> 26:52.000]  Only appellate court can do that.
[26:52.000 --> 27:06.000]  And the reason it can do it is because it's people to buy lawyers who wouldn't know the truth if it walked up and gave them a freaking introductory business card.
[27:06.000 --> 27:25.000]  They will convolute the law to get what they want from it and deprive those of us that aren't quote unquote learned in the law under their control with what they believe to be the wool pulled over our eyes.
[27:25.000 --> 27:34.000]  Well, folks, I want to tell you right now, there is no wool over my eyes when it comes to what the statutes say versus what these courts say.
[27:34.000 --> 27:43.000]  There isn't. I can point to their decisions and the statutes and say, what in the hell were you smoking and drinking?
[27:43.000 --> 27:47.000]  Obviously, there was an open bar at the court that day.
[27:47.000 --> 27:51.000]  And you were heavily indulgent.
[27:51.000 --> 28:00.000]  Because to make this decision based upon that language, something was seriously off kilter.
[28:00.000 --> 28:10.000]  What's the explanation? It would not do to get all the judges in Texas in one room for me to ask these questions of it really, really wouldn't.
[28:10.000 --> 28:24.000]  Okay, it would be like a Don Rickles roast because I got no problem telling these people just how stupid a decision that was right to their face.
[28:24.000 --> 28:33.000]  I mean, Deborah can tell you, Deborah, when I testified before the legislative members, I did everything but rub their nose in what they were doing wrong.
[28:33.000 --> 28:44.000]  In fact, I got so out of, yeah, I got so far outside of where they wanted me to go, the chairman actually says stick to addressing only the bill at hand.
[28:44.000 --> 28:46.000]  Don't address anything else.
[28:46.000 --> 28:55.000]  And I kind of looked at him as like, wait a minute, I have to address this other stuff because it clearly shows why the bill had to be done in the first place.
[28:55.000 --> 29:01.000]  Because the people standing in the back of the room won't do their job.
[29:01.000 --> 29:06.000]  And yet you won't create a law that forces them to do their job.
[29:06.000 --> 29:12.000]  Because if you did, they would have to come after you people.
[29:12.000 --> 29:16.000]  And you don't want that.
[29:16.000 --> 29:21.000]  That folks is exactly why we cannot have honesty in government.
[29:21.000 --> 29:30.000]  Because if honesty existed in government, then the government employees would have to be punished whenever they're dishonest.
[29:30.000 --> 29:38.000]  Which means there wouldn't be anybody working in government that I'll be in jail.
[29:38.000 --> 29:43.000]  We would walk up to ask for paperwork and we'd be talking to an anti-counter.
[29:43.000 --> 29:46.000]  We'd have to do it ourselves.
[29:46.000 --> 29:52.000]  Alright folks, this is Rural Law Radio, still no callers, 512-646-1984.
[29:52.000 --> 30:00.000]  This is Eddie Craig, Deborah Steven, Randy Kelton, we'll be right back after the break.
[30:00.000 --> 30:07.000]  A noble lie, Oklahoma City, 1995 will change forever the way you look at the true nature of terrorism.
[30:07.000 --> 30:11.000]  Based on the damage pattern to the building, but the government seems impossible.
[30:11.000 --> 30:15.000]  The grand jury did not want to hear anything I had to say.
[30:15.000 --> 30:18.000]  The decision was made not to pursue any more of those individuals.
[30:18.000 --> 30:23.000]  Some of these columns were ripped up, shredded, tossed around.
[30:23.000 --> 30:27.000]  The people that did the things they did knew doggone well what they were doing.
[30:27.000 --> 30:31.000]  Expose the cover up now at anoblelie.com.
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[30:54.000 --> 31:01.000]  Visit us at HempUSA.org or call 908-6912608 today.
[31:25.000 --> 31:28.000]  There's no way a place like that exists.
[31:28.000 --> 31:33.000]  Go check it out for yourself. It's downtown at 1904 Guadalupe Street just south of UT.
[31:33.000 --> 31:37.000]  Oh, by UT? There's never anywhere to park down there.
[31:37.000 --> 31:44.000]  Actually, they now offer a free hour of parking for paying customers at the 500 MLK parking facility just behind the bookstore.
[31:44.000 --> 31:48.000]  It does exist, but when are they open?
[31:48.000 --> 31:57.000]  Monday through Saturday, 11 a.m. to 9 p.m. and 1 to 6 p.m. on Sundays, so get them a call at 512-480-2503
[31:57.000 --> 32:22.000]  or check out their events page at bravenewbookstore.com.
[32:27.000 --> 32:37.000]  All right, folks. We are back.
[32:37.000 --> 33:01.000]  This is Rural Ball Radio. We finally got to call her up on the board.
[33:01.000 --> 33:09.000]  We have Dan, the con man. Dan, I do say that as con is the two ends there from Connecticut. What's up?
[33:09.000 --> 33:17.000]  Oh, boy, I got a traffic issue coming up. I got a story to tell you and I'm going to tell the story and I want your feedback.
[33:17.000 --> 33:18.000]  All right.
[33:18.000 --> 33:24.000]  Okay, here's the story. My wife and I were privileged to be part of a wedding party yesterday.
[33:24.000 --> 33:33.000]  Unfortunately, during the morning of yesterday, my wife was followed by one of Connecticut's finest state troopers, apparently.
[33:33.000 --> 33:42.000]  About four miles the trooper followed the car. The trooper actually turned on the lights, pulled her over.
[33:42.000 --> 33:45.000]  The passenger was another bridesmaid.
[33:45.000 --> 33:46.000]  The who?
[33:46.000 --> 33:48.000]  Another bridesmaid in the wedding party.
[33:48.000 --> 33:52.000]  No, the who was a bridesmaid?
[33:52.000 --> 33:54.000]  The wife and the passenger.
[33:54.000 --> 33:59.000]  Again, I'm going to say it again. The who?
[33:59.000 --> 34:03.000]  My wife was the maid of honor. The passenger was a bridesmaid.
[34:03.000 --> 34:05.000]  He's not getting it, Eddie.
[34:05.000 --> 34:08.000]  No, he's not. What is a passenger, Dan?
[34:08.000 --> 34:11.000]  Ah, well, person in the personal convention.
[34:11.000 --> 34:15.000]  The guest in the car was another bridesmaid.
[34:15.000 --> 34:18.000]  Yes, the guest in the property was another bridesmaid.
[34:18.000 --> 34:24.000]  Cop follows for about four miles, three and a half, give or take, half a mile.
[34:24.000 --> 34:27.000]  Lights go on, cars stopped.
[34:27.000 --> 34:36.000]  Cop approaches, does not say anything, does not indicate what the purpose of the stop is, just demands license, registration, insurance, all that fun stuff.
[34:36.000 --> 34:40.000]  Cop sits in the cruiser for about five minutes.
[34:40.000 --> 34:45.000]  Cop comes back, basically says your registration has expired. I'm towing your vehicle.
[34:45.000 --> 34:52.000]  So, basically, the odd thing about this is my wife didn't get a ticket.
[34:52.000 --> 34:58.000]  She wasn't accused of a crime or anything. They basically just towed the vehicle. There was no probable cause for the stop.
[34:58.000 --> 35:01.000]  That is not a vehicle, either.
[35:01.000 --> 35:04.000]  Ah, the personal property.
[35:04.000 --> 35:10.000]  So, the personal property was unlawfully confiscated.
[35:10.000 --> 35:12.000]  Okay.
[35:12.000 --> 35:33.000]  So, what I did that night being yesterday night is, first, I filed a, I actually wrote up and mailed that night a FOIA request for the dash cam footage for the radio transmissions related to the stop and for the training and personnel records of the officer.
[35:33.000 --> 35:47.000]  What I did today is I actually created a federal complaint and a notice of tort to the officer personally, which is being served via Marshall, and it's going to be filed in federal court.
[35:47.000 --> 35:53.000]  I'm actually suing the officer under 42 U.S.C. 1983.
[35:53.000 --> 35:59.000]  Basically, the officer caused the vehicle to property, I should say, to be stolen.
[35:59.000 --> 36:03.000]  I'm not that wrong, but now I'm getting it.
[36:03.000 --> 36:04.000]  Yeah.
[36:04.000 --> 36:11.000]  Well, you can call it a car, you can call it a conveyance, but do not refer to it as a motor vehicle or vehicle.
[36:11.000 --> 36:23.000]  Well, in any case, the odd part here is there was no reason to stop the property in how should I say motion.
[36:23.000 --> 36:24.000]  That was traveling.
[36:24.000 --> 36:25.000]  Yeah, traveling.
[36:25.000 --> 36:32.000]  No reason whatsoever for the stop of any kind. My wife wasn't speeding, she wasn't swerving, she wasn't intoxicated.
[36:32.000 --> 36:34.000]  It was 7.56 in the morning.
[36:34.000 --> 36:45.000]  Well, Dan, probably what happened is that they scanned the license plate and looked it up and discovered that the registration was expired.
[36:45.000 --> 36:51.000]  And that's probably why they pulled her over, even though they didn't say, because that's what happens now.
[36:51.000 --> 37:00.000]  In fact, everything is so integrated, they can scan your license plate and find out if you're late on your insurance payment.
[37:00.000 --> 37:06.000]  And if your insurance company has suspended your insurance for late payment or non-payment or whatever,
[37:06.000 --> 37:12.000]  and then they'll pull you over for that and give you a ticket for no insurance.
[37:12.000 --> 37:15.000]  So that's most likely what was going on.
[37:15.000 --> 37:17.000]  Yeah, here's the weird thing, though.
[37:17.000 --> 37:24.000]  It was a total of five minutes the officer just sat in the cruiser.
[37:24.000 --> 37:31.000]  Well, yes, because he was probably doing a full NCIC background check on your wife and everything.
[37:31.000 --> 37:34.000]  Running an FBI check the whole nine yards, that's what they do.
[37:34.000 --> 37:37.000]  In fact, I'm surprised it was only five minutes.
[37:37.000 --> 37:39.000]  When did the registration expire?
[37:39.000 --> 37:44.000]  Well, they're saying it was November.
[37:44.000 --> 37:46.000]  What does your record say?
[37:46.000 --> 37:53.000]  Well, I mean, basically we have a whole complicated issue with that going back to a DMV dispute.
[37:53.000 --> 38:00.000]  But the bottom line is the thing that kind of stuck out in my mind, the car was being followed for an inordinate amount of time.
[38:00.000 --> 38:05.000]  I could understand a few miles on the highway, but this was on a back road.
[38:05.000 --> 38:07.000]  He was doing that.
[38:07.000 --> 38:14.000]  He was waiting to pull your wife over to see if she might commit some traffic violation.
[38:14.000 --> 38:22.000]  Or if she would swerve or something so that he would have reason to give her a breathalyzer and try to nail her for DUI,
[38:22.000 --> 38:26.000]  or try to give her another ticket for speeding or something else.
[38:26.000 --> 38:27.000]  That's very common.
[38:27.000 --> 38:28.000]  It's very typical.
[38:28.000 --> 38:32.000]  They'll find one thing wrong that you've done or may have done,
[38:32.000 --> 38:36.000]  and then they'll follow you for a while to see if they can get you on something else.
[38:36.000 --> 38:39.000]  Well, here's something you need to check.
[38:39.000 --> 38:46.000]  In Texas, they can't pull you over legally for expired registration.
[38:46.000 --> 38:47.000]  Why?
[38:47.000 --> 38:57.000]  Because it is not under subtitle C, which is the only place the officer is given authority by statute to make a warrantless arrest.
[38:57.000 --> 38:58.000]  Yeah.
[38:58.000 --> 39:02.000]  Yeah, here's the other thing that I did find.
[39:02.000 --> 39:04.000]  It wasn't an actual citation.
[39:04.000 --> 39:12.000]  Kind of like a warning notice, but the statute was 14-12A.
[39:12.000 --> 39:16.000]  14-12A does prescribe for an infraction.
[39:16.000 --> 39:26.000]  As a matter of fact, they also cited the catchall section for that, which is 14-165.
[39:26.000 --> 39:34.000]  Basically, it's $100 fine. It's not even anything they could tow the car for anyway.
[39:34.000 --> 39:41.000]  Well, technically speaking, they're not authorized to tow the car unless the car presents a public hazard,
[39:41.000 --> 39:47.000]  or the car is on private property for an inordinate amount of time,
[39:47.000 --> 39:51.000]  or is obstructing the use of that property by the rightful owner.
[39:51.000 --> 39:54.000]  Yeah, that's basically the issue.
[39:54.000 --> 40:02.000]  When you guys fight this, you can find out in discovery, they allow limited discovery in traffic ticket cases,
[40:02.000 --> 40:11.000]  and if not in discovery, you could ask the cop on the witness stand why he pulled your wife over to begin with,
[40:11.000 --> 40:17.000]  and if it's not a valid reason that would authorize him to stop her, like Eddie said,
[40:17.000 --> 40:26.000]  they can't pull you over and Texas were expired. Registration, that's not something that does not give authority to the police officer
[40:26.000 --> 40:32.000]  to stop you or detain you or arrest you, then the custodial arrest of a traffic stop.
[40:32.000 --> 40:36.000]  And if that's the case, then the whole thing may be able to get thrown out,
[40:36.000 --> 40:41.000]  but if there's nothing in statute that allows them to confiscate the car,
[40:41.000 --> 40:44.000]  well, then now you've got a lawsuit on your hands.
[40:44.000 --> 40:51.000]  Exactly, and that's what I'm describing what I did, because remember, she was not actually charged with anything.
[40:51.000 --> 40:57.000]  The only references on a warning ticket which is effectively, there's no punishment.
[40:57.000 --> 41:00.000]  There's no official accusation.
[41:00.000 --> 41:05.000]  So what I'm doing is I'm actually filing a federal lawsuit because they took the car.
[41:05.000 --> 41:07.000]  Well, that's what you'd need to do anyway.
[41:07.000 --> 41:15.000]  Even if the state statute allowed them to take the car, that's not something they can do.
[41:15.000 --> 41:24.000]  See, again, we run into this issue of the cops think they can seize property without a warrant and without due process,
[41:24.000 --> 41:26.000]  and they can't do it.
[41:26.000 --> 41:34.000]  The constitutional mandates and thus the statutes that implement those constitutional mandates make it very clear that
[41:34.000 --> 41:40.000]  no property may be seized without a warrant.
[41:40.000 --> 41:41.000]  Yeah, and I did include...
[41:41.000 --> 41:51.000]  So even if he could arrest you without the warrant, unless the car actually constituted a public hazard,
[41:51.000 --> 41:59.000]  he had no authority to seize the car unless it was for the purposes of evidence, which it wasn't.
[41:59.000 --> 42:05.000]  Yeah, probably what's going on is that he's getting a kickback from the tow yard,
[42:05.000 --> 42:09.000]  and so he followed your wife for a while.
[42:09.000 --> 42:17.000]  He found out the registration was expired and said, oh, I'll tow the car for this so I can get my little payout from the tow yard.
[42:17.000 --> 42:22.000]  And he probably knew, see, well, you'll have to check in the state of Connecticut.
[42:22.000 --> 42:24.000]  It's probably the same as Texas.
[42:24.000 --> 42:28.000]  Expired registration is not a valid reason for a traffic stop.
[42:28.000 --> 42:32.000]  And so he followed your wife around to see if he could pull her over for another reason,
[42:32.000 --> 42:38.000]  but she never did anything wrong, so he just had to pull her over anyway because his greed got the best of him,
[42:38.000 --> 42:42.000]  and that's why he didn't give your wife a reason of why he pulled her over.
[42:42.000 --> 42:48.000]  And it's funny you mention that because I smelled a rat when I checked to, you know,
[42:48.000 --> 42:55.000]  because I called the record company and I said, listen, you got some stolen property on your lot,
[42:55.000 --> 43:00.000]  and I want it returned. Either you can return or I'll come down and get it.
[43:00.000 --> 43:04.000]  And I basically then asked, what are you claiming I owe?
[43:04.000 --> 43:07.000]  And his first response was to get really defensive.
[43:07.000 --> 43:09.000]  He was like, what are you trying to say?
[43:09.000 --> 43:11.000]  And I'm like, well, what are you claiming I owe?
[43:11.000 --> 43:14.000]  What are you claiming I have to pay you to get my property back?
[43:14.000 --> 43:20.000]  He said $111 plus $24 per day storage fee.
[43:20.000 --> 43:27.000]  One problem with that, I actually looked up the fees established by the commissioner of motor vehicles for non-consensual tow.
[43:27.000 --> 43:33.000]  The base fee is supposed to be $88, not $111, and there's supposed to be two miles free with that.
[43:33.000 --> 43:34.000]  Did you tell him that?
[43:34.000 --> 43:38.000]  No, I looked that up after he committed diarrhea in the mouth.
[43:38.000 --> 43:42.000]  So are you going to include him in the federal lawsuit?
[43:42.000 --> 43:46.000]  No, actually I think I'm going to sue him separately.
[43:46.000 --> 43:50.000]  I'm going to wait to see when I get back for my FOIA request though first.
[43:50.000 --> 43:53.000]  Alright, well you probably should include him in the same lawsuit.
[43:53.000 --> 43:58.000]  The courts may put him two lawsuits together anyway if they're over the same incident.
[43:58.000 --> 44:27.000]  We'll be right back.
[44:28.000 --> 44:34.000]  Jurisdictionary 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 --> 45:02.000]  Please visit ruleoflawradio.com and click on the banner or call toll free 866-LAW-EZ.
[45:02.000 --> 45:10.000]  The Oklahoma City bombing, top 10 reasons to question the official story, reason number one, John Doe number two, and other accomplices.
[45:10.000 --> 45:18.000]  On the day of the bombing, nearly all of the witnesses that saw Tim McVeigh and the writer truck report that he was accompanied by other perpetrators.
[45:18.000 --> 45:25.000]  FBI and federal prosecutors insist that Tim McVeigh alone delivered the writer truck bomb to the Murra building and detonated it.
[45:25.000 --> 45:33.000]  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,
[45:33.000 --> 45:39.000]  testified that she saw McVeigh with another man, the fable John Doe number two, exiting the writer truck.
[45:39.000 --> 45:51.000]  While at least 15 other witnesses claim to have seen McVeigh with other perpetrators the day of the bombing, no less than 226 witnesses placed him with other men in the days before the bombing,
[45:51.000 --> 45:57.000]  including when he rented the writer truck, and in some cases have positively identified the other perpetrators.
[45:57.000 --> 46:15.000]  For more information, please visit okcbombingtruth.com.
[46:27.000 --> 46:53.000]  Okay folks, we are back, watching the sparks fly.
[46:53.000 --> 47:01.000]  We're talking with Dan in Connecticut folks, if you'd like to call in and ask questions, 512-646-1984.
[47:01.000 --> 47:08.000]  And yeah, Dan, it would be a good idea to include the tow truck company into the lawsuit, the federal lawsuit,
[47:08.000 --> 47:21.000]  because it's all about the same event and that way you can hit up the tow truck company with discovery at the same time as you are hitting up the city with discovery.
[47:21.000 --> 47:28.000]  And also, what's going to end up happening is that if you file it as two separate lawsuits in the same court system,
[47:28.000 --> 47:33.000]  like if you file one federal lawsuit against the tow truck company and another federal lawsuit against the city,
[47:33.000 --> 47:42.000]  the court is going to join the two cases together anyway because it's over the same incident and they were participating together in the incident.
[47:42.000 --> 47:45.000]  So you may as well just sue them both at the same time.
[47:45.000 --> 47:54.000]  Yeah, and it does get a little better because I've seen statutes before on certain offenses that do specifically say a vehicle may towed like,
[47:54.000 --> 47:59.000]  for example, if you're intoxicated and you're driving your property around, they can tow it.
[47:59.000 --> 48:06.000]  For example, if you're using a car to patronize prostitutes, they can actually tow your car.
[48:06.000 --> 48:15.000]  So there are plenty of examples. What struck me about 14-12A is that it's only a fine.
[48:15.000 --> 48:21.000]  I mean, there's nothing about taking it off the road anywhere.
[48:21.000 --> 48:28.000]  But yeah, I thought that was weird. And the other thing I did notice is I went ahead based on the way I was handled by the record company
[48:28.000 --> 48:37.000]  and it turns out they're apparently not even registered as a licensed record. As a matter of fact, the card that was given to my wife was for a motorcycle place.
[48:37.000 --> 48:40.000]  Well then you should turn them into the state.
[48:40.000 --> 48:44.000]  Oh yeah, that's actually step number two.
[48:44.000 --> 48:51.000]  You should turn them into the state for operating an unlicensed business when a business license is required.
[48:51.000 --> 48:57.000]  Yeah, actually, the statute is 14-66 and that governs record companies.
[48:57.000 --> 49:07.000]  Get the state comptroller on them because they're probably supposed to be paying sales taxes and all kinds of things which they're likely not doing.
[49:07.000 --> 49:13.000]  But yeah, I was just generally wondering what your take on is on it. I mean, it pretty much seems the same.
[49:13.000 --> 49:21.000]  But again, I was going to kind of see what I got back to see how I handled the record company going forward.
[49:21.000 --> 49:29.000]  Because obviously, you know, I want to determine what their role is before I include them in anything.
[49:29.000 --> 49:33.000]  I mean, the thing is it was the officer that called them to the scene.
[49:33.000 --> 49:36.000]  Well, you can find out a lot of this stuff in Discovery too.
[49:36.000 --> 49:42.000]  Oh yeah, interrogatories and admissions are also much fun and I do plan on filing many of them.
[49:42.000 --> 49:53.000]  But basically, that's the long and short of it, you know, because I was tempted to actually bring the record company into a state suit.
[49:53.000 --> 50:02.000]  Well, in a federal suit it would be appropriate. You may be able to sue them both in both courts because there's nothing that prohibits you from
[50:02.000 --> 50:07.000]  suing an entity in both state and federal court over the same issue.
[50:07.000 --> 50:17.000]  And so, and with the request for productions of documents, you can ask for copies of all the contracts between the record company and the city.
[50:17.000 --> 50:20.000]  Well, it was actually a state trooper that did it.
[50:20.000 --> 50:28.000]  Oh okay, so then you asked for all the copies of all the contracts between the state and this record company.
[50:28.000 --> 50:37.000]  Yeah, and the other thing I was kind of concerned about is obviously you can't sue like two different people for the same amount of money.
[50:37.000 --> 50:43.000]  I mean, it had to have been at the end of the day one of them that really did it.
[50:43.000 --> 50:59.000]  Well, what you end up, what you do is you sue for a total amount of damages and you name them both as co-defendants and when you win the case, they're both responsible for coming up with a total amount.
[50:59.000 --> 51:10.000]  But the way that it usually works in the court systems, especially in federal court in the civil case, the way that it works is whoever has the deepest pockets is responsible
[51:10.000 --> 51:14.000]  for paying out all the damages.
[51:14.000 --> 51:30.000]  And then that deep pocket person, it's their responsibility to collect from the other co-defendants, or the other co-lit against, if they were the plaintiffs who are on their side, if they lost the case,
[51:30.000 --> 51:49.000]  it's their responsibility to collect from the other parties that got sued to become reimbursed and many times in situations of civil cases, the entity that ended up having to pay out has to end up suing the other litigants
[51:49.000 --> 51:54.000]  that were sued alongside with him or her in order to get reimbursed.
[51:54.000 --> 52:10.000]  And so in your situation, what would end up happening, of course, is the state, if you win the case, the state would be responsible for paying out the total amount of damages and then the state would have to go back after the tow truck company to get reimbursed.
[52:10.000 --> 52:24.000]  Well, there are two things I would say to that. First, I'm suing the officer in her individual capacity, basically because she's the one who did something way outside of her job description of authority.
[52:24.000 --> 52:35.000]  Second of all, the situation here I think is more analogous to like, let's just say somebody hit your mailbox with a baseball bat. There was only one baseball bat and one person doing the hitting.
[52:35.000 --> 52:46.000]  Clearly, we can establish that the officer was the one doing the hitting. But what I don't want to run into is the situation where, you know, only one person could have possibly hit the mailbox.
[52:46.000 --> 52:56.000]  Well, what's going to happen, Dan, is the state's going to get involved anyway, and you need to sue the state. You can sue the officer in her individual capacity, but you also are going to need to sue the state.
[52:56.000 --> 53:17.000]  Because she was acting in her official capacity as an officer, even though what she did was outside of her authority, it's not like she was, you know, traveling home from the bar on a Saturday night and gotten an accident with you in a DUI accident.
[53:17.000 --> 53:37.000]  In that situation, there's no way you could bring the state into it, nor would the state be responsible. But what's going to happen is that if you just sue her in her individual capacity, the state's going to get involved anyway and represent her and say that, no, she's got sovereign immunity and this, that and the other thing.
[53:37.000 --> 53:42.000]  So you really, you're going to have to get the state involved. There's not really going to be an option on that.
[53:42.000 --> 53:57.000]  Yeah, I did send them a notice of tort as well, just to, you know, obviously kind of keep them in the loop. But since this was a state trooper, and we've had problems with state troopers before, I'm not sure how familiar you are with Connecticut and the way they work.
[53:57.000 --> 54:08.000]  But a lot of times, I mean, state troopers can basically take their car when they're not on duty. I mean, effectively, it's almost like they own and maintain the cruiser they use for work.
[54:08.000 --> 54:18.000]  My concern is that maybe it was some state trooper who was on the way to duty considering the time it was, because that was about shift change.
[54:18.000 --> 54:26.000]  The other concern I would have is what if it was, you know, one of those who happened to be like outside her district.
[54:26.000 --> 54:43.000]  I mean, because we run into problems like that. We'd call the local barracks and we'd be like, hey, you know, we saw a state trooper doing, you know, such and such, and then we get a call back, oh, well, that person or there was no such person on duty at that place.
[54:43.000 --> 54:49.000]  So I mean, that's the other concern we have.
[54:49.000 --> 54:51.000]  Eddie?
[54:51.000 --> 54:56.000]  Just beat him with a stick.
[54:56.000 --> 55:03.000]  Well, the thing is, you would have to have a documentation, the officer's time cards and things of that nature to deal with anything regarding the shift change.
[55:03.000 --> 55:09.000]  Was she on duty or not? Are they considered to be on duty 24 hours a day in Connecticut and so on and so forth?
[55:09.000 --> 55:14.000]  There's a lot of issues going on with taking that particular tack.
[55:14.000 --> 55:21.000]  You're much better off in figuring out exactly what authority she was acting under and for what purpose.
[55:21.000 --> 55:29.000]  And like here, the statute, if they tow your car here, the statute they're using is what? Transportation.
[55:29.000 --> 55:34.000]  I wasn't in transportation. The statute doesn't apply. So you stole my car.
[55:34.000 --> 55:39.000]  You didn't tow a motor vehicle. You stole my car.
[55:39.000 --> 55:47.000]  So there's a problem in the federal level. There's nothing they could do to get that because the federal level is going to say exactly that.
[55:47.000 --> 55:53.000]  The man's right. You stole his car. He told you he wasn't in transportation. You have no evidence he was in transportation.
[55:53.000 --> 55:58.000]  So the only rules you can operate under are on the transportation. You stole the car.
[55:58.000 --> 56:07.000]  The problem is, using that approach in Dan's case, is that his wife probably did not tell the police officer that she was not in transportation.
[56:07.000 --> 56:14.000]  So if she just handed over her license and registration, that is prima facie evidence that she was in transportation.
[56:14.000 --> 56:21.000]  That's why you always have to make it very clear, folks, when you get pulled over, you have to tell the first thing.
[56:21.000 --> 56:26.000]  Eddie's got his little rap officer. What is the emergency and how can I help?
[56:26.000 --> 56:30.000]  Okay, I'm sure Dan's wife didn't do that either. It doesn't sound like.
[56:30.000 --> 56:40.000]  And so once you get past that and they start demanding your license and this sort of thing, you have to say, well, and what Randy does is he's got a state ID card
[56:40.000 --> 56:44.000]  and he'll give them the state ID card and then they'll say, well, I need your license.
[56:44.000 --> 56:50.000]  And then Randy says, well, I'm not using it right now. I'm not in transportation right now. I'm not in commerce right now.
[56:50.000 --> 56:58.000]  You have to make it very clear. You're not in transportation. You're not in commerce and say, I don't need to give you my license because I'm not using it right now
[56:58.000 --> 57:11.000]  and you make it very clear. And then if it gets to the point that you are under threat, duress of being kidnapped and brought to jail for not turning over your license,
[57:11.000 --> 57:24.000]  then you make that clear too. You say, officer, let me get this straight. Are you going to arrest me and take me to jail if I don't turn over my license to you?
[57:24.000 --> 57:38.000]  And then when they say yes, then you say, okay, I just want it on the record that I am being forced to hand over my license to you under duress, under threat of being arrested and brought to jail,
[57:38.000 --> 57:46.000]  but I'm making it clear again. I am not in commerce. I'm not in transportation and I'm being forced to hand this license to you.
[57:46.000 --> 57:54.000]  And that way it's all on tape. It's all on record. You have to record all of these events and that way when you go to fight the case, they can't use...
[57:54.000 --> 57:59.000]  There is no prima facie evidence that you are in transportation just because you handed over your license.
[57:59.000 --> 58:03.000]  All right, so there's all these other issues that need to be considered here.
[58:03.000 --> 58:07.000]  All right, Dan. Well, listen, you keep up the good fight. You got anything else?
[58:07.000 --> 58:11.000]  Uh, nope. That'll be it. I'll let you know how it goes. It's going to be a whole lot of fun.
[58:11.000 --> 58:16.000]  All right, sounds good, Dan. Okay, folks, we are coming in the top of the hour.
[58:16.000 --> 58:22.000]  I'm so sorry again that you will not be able to enjoy I&N World Report news at the top of the hour break.
[58:22.000 --> 58:31.000]  I certainly wish you could. I wish I could. Again, you can go to I&NWorldReport.net, contact them, see if there's any way.
[58:31.000 --> 58:37.000]  You can give them a donation to get them back up and running again. We certainly do miss them.
[58:37.000 --> 58:42.000]  It's a lot of work to put these news clips together. It's a lot of research, a lot of time,
[58:42.000 --> 58:47.000]  and people need to get paid for the time that they have to rent a studio space now, the whole nine yards.
[58:47.000 --> 58:56.000]  Go to I&NWorldReport.net and also LogosRadio.com, LogosRadioNetwork.com, and ruleoflawradio.com to donate to Eddie's legal fund.
[58:56.000 --> 59:08.000]  We'll be right back.
[59:26.000 --> 59:28.000]  10,000 explanatory footnotes.
[59:28.000 --> 59:38.000]  Difficult and profound passages are opened up in a marvelous way, providing an entrance into the riches of the word beyond which you've ever experienced before.
[59:38.000 --> 59:58.000]  Bibles for America would like to give you a free recovery version simply for the asking. This comprehensive yet compact study Bible is yours just by calling us toll free at 1-888-551-0102 or by ordering online at freestudybible.com.
[59:58.000 --> 01:00:02.000]  That's freestudybible.com.
[01:00:02.000 --> 01:00:10.000]  Could printed books soon be a thing of the past? Apparently a lot of kids these days are exchanging book pages for web pages.
[01:00:10.000 --> 01:00:14.000]  I'm Dr. Catherine Albrecht and I'll be back to tell you what's happening to literacy.
[01:00:14.000 --> 01:00:24.000]  Privacy is under attack. When you give up data about yourself, you'll never get it back again. And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:00:24.000 --> 01:00:32.000]  So protect your rights, say no to surveillance and keep your information to yourself. Privacy, it's worth hanging on to.
[01:00:32.000 --> 01:00:40.000]  This public service announcement is brought to you by StartPage.com, the private search engine alternative to Google, Yahoo, and Bing.
[01:00:40.000 --> 01:01:04.000]  Start over with StartPage.
[01:01:04.000 --> 01:01:13.000]  Of course, text messages are not known for their literary quality or for their outstanding spelling and grammar. In fact, there's some of the worst writing around.
[01:01:13.000 --> 01:01:21.000]  So if you want your kids to develop basic English skills, tell them to unplug from Facebook and turn off Twitter, then hand them an old-fashioned book.
[01:01:21.000 --> 01:01:32.000]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:01:32.000 --> 01:01:41.000]  Childhood obesity is a hefty problem, but we don't need bureaucrats to solve it. Parents can help kids maintain a healthy weight by simply sitting down to meals with them.
[01:01:41.000 --> 01:01:46.000]  I'm Dr. Catherine Albrecht and I'll be back with the benefits of breaking bread with your children.
[01:01:46.000 --> 01:01:56.000]  Privacy is under attack. When you give up data about yourself, you'll never get it back again. And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:01:56.000 --> 01:02:04.000]  So protect your rights. Say no to surveillance and keep your information to yourself. Privacy, it's worth hanging on to.
[01:02:04.000 --> 01:02:12.000]  This public service announcement is brought to you by StartPage.com, the private search engine alternative to Google, Yahoo, and Bing.
[01:02:12.000 --> 01:02:15.000]  Start over with StartPage.
[01:02:15.000 --> 01:02:27.000]  The family that prays together stays together. We've all heard that and studies show it's true. But there's another family activity that can help kids avoid obesity and eating disorders, sitting down to family meals.
[01:02:27.000 --> 01:02:36.000]  Research shows that when families eat meals together, kids are less likely to be overweight or pick out on junk food, plus they have 34% fewer eating disorders.
[01:02:36.000 --> 01:02:39.000]  They also consume healthier foods like fruits and vegetables.
[01:02:39.000 --> 01:02:47.000]  Amazingly, it takes just three sit-down meals a week to see the benefits. So take the time to prepare a nutritious family meal and serve lots of veggies.
[01:02:47.000 --> 01:02:51.000]  You'll set a good example for the kids and your own health may improve as well.
[01:02:51.000 --> 01:03:01.000]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:03:01.000 --> 01:03:11.000]  Looking for some truth? You found it. LogosRadioNetwork.com.
[01:03:31.000 --> 01:03:53.000]  Hi folks, we are back. This is Rule of Law Radio. We've got about an hour left in the show. We've got one caller on the board. The calling number is 512-646-1984.
[01:03:53.000 --> 01:03:57.000]  Now we're going to go to Doug in Wisconsin. Doug, what can we do for you?
[01:03:57.000 --> 01:04:07.000]  I had a little traffic issue a week ago to the day here and I wanted to run it by you and see what you thought what happened.
[01:04:07.000 --> 01:04:09.000]  I think it sucks. Anything else?
[01:04:09.000 --> 01:04:24.000]  Well, that makes both of us. I got pulled over in a rural area for a muffler violation and I ran two of the three questions by the officer of yours.
[01:04:24.000 --> 01:04:30.000]  That's funny. I didn't know that Groundhogs had cell phones out there, but okay.
[01:04:30.000 --> 01:04:38.000]  I didn't get the answer to ask the third question because he said I was not under arrest, but I'm not free to go.
[01:04:38.000 --> 01:04:44.000]  Basically, after I asked the three questions, I didn't say anything.
[01:04:44.000 --> 01:04:55.000]  He thought that was kind of odd and he kept badgering me about my name and my license and he called for backup for a non-responsive or something like that.
[01:04:55.000 --> 01:05:04.000]  Eventually, both officers were asking me my name and why I'm playing this game and that kind of thing.
[01:05:04.000 --> 01:05:17.000]  Basically, they ended up reaching inside the car or the truck and taking me out and putting me in handcuffs and put me under arrest and put me in the back of the squad.
[01:05:17.000 --> 01:05:25.000]  They went back and I had taped all that on the little reporter.
[01:05:25.000 --> 01:05:33.000]  They went back while I was in the squad car and they went back in the truck and searched it and my wallet was in there.
[01:05:33.000 --> 01:05:43.000]  They found my license and came back and basically spent quite a bit of time writing me a couple of tickets and letting me go.
[01:05:43.000 --> 01:05:50.000]  First of all, I wanted to know what you thought about just that in general, how things were conducted.
[01:05:50.000 --> 01:06:03.000]  Second of all, I have your program but I haven't had a chance to really do anything with it and I need a little guidance if you think I should or how I should proceed with this, I guess.
[01:06:03.000 --> 01:06:09.000]  Well, that's really dependent upon your mindset and ability to fight the fight that's coming.
[01:06:09.000 --> 01:06:13.000]  What did they charge you with?
[01:06:13.000 --> 01:06:19.000]  I got a muffler violation and I got obstructing an officer.
[01:06:19.000 --> 01:06:24.000]  Have you read the statute for both of those?
[01:06:24.000 --> 01:06:29.000]  No, because I have a lot of trouble fine and there's so many, so voluminous.
[01:06:29.000 --> 01:06:39.000]  I've played around in the past with that kind of thing but I have a lot of trouble finding things on the Internet so I can't say I have, no.
[01:06:39.000 --> 01:06:44.000]  www.wsi.gov
[01:06:44.000 --> 01:06:50.000]  I understand that but there's folder upon folder or chapter upon chapter.
[01:06:50.000 --> 01:06:56.000]  Well, did they put the statute number on the citation?
[01:06:56.000 --> 01:07:02.000]  I mean, if they put the number there then you can just scroll right down to the number in the chapter if they put it on the ticket.
[01:07:02.000 --> 01:07:04.000]  That's true.
[01:07:04.000 --> 01:07:11.000]  It's a uniform municipal court citation and it's a fine only.
[01:07:11.000 --> 01:07:15.000]  Wait a minute, what, you said you ran a rural area.
[01:07:15.000 --> 01:07:27.000]  Were you outside of the municipal court or outside of the municipal boundaries?
[01:07:27.000 --> 01:07:31.000]  I'm not quite sure, uh, municipal boundaries of what?
[01:07:31.000 --> 01:07:35.000]  Outside of the annexed municipality.
[01:07:35.000 --> 01:07:38.000]  I mean, there's, cities have boundaries.
[01:07:38.000 --> 01:07:45.000]  Yeah, every municipality has a city limit sign on the roads that says the city limit stops here.
[01:07:45.000 --> 01:07:48.000]  Were you inside of that or outside of that?
[01:07:48.000 --> 01:07:53.000]  Well, I don't recall any sign. I've been through there in the past.
[01:07:53.000 --> 01:07:56.000]  Okay, look at a map.
[01:07:56.000 --> 01:08:02.000]  See where you were on the map and see where the city limits are on the map.
[01:08:02.000 --> 01:08:07.000]  Are you in it or are you out of it?
[01:08:07.000 --> 01:08:13.000]  And then when you've done that, go look up the statute that's written on the ticket.
[01:08:13.000 --> 01:08:20.000]  If it's written on the ticket, if it's not, that does not relieve you with the responsibility of trying to find it.
[01:08:20.000 --> 01:08:27.000]  Do a word search in the statutes if you have to. Every state statute is searchable.
[01:08:27.000 --> 01:08:33.000]  Use the words that are written for the violation until you find something that matches.
[01:08:33.000 --> 01:08:36.000]  Okay.
[01:08:36.000 --> 01:08:39.000]  That's what reading the seminar material will do.
[01:08:39.000 --> 01:08:42.000]  It will teach you how to read a statute.
[01:08:42.000 --> 01:08:54.000]  It will teach you how to find keywords in, in statutes and then everything else that you can use to find the information you need.
[01:08:54.000 --> 01:08:59.000]  Searching to find this stuff is mostly common sense type maneuvering.
[01:08:59.000 --> 01:09:01.000]  You don't have to be an internet guru.
[01:09:01.000 --> 01:09:05.000]  You just have to know how to plug in a search term.
[01:09:05.000 --> 01:09:07.000]  Okay. I can do that.
[01:09:07.000 --> 01:09:14.000]  But just off the cuff, do you think that search was legal?
[01:09:14.000 --> 01:09:15.000]  That they did.
[01:09:15.000 --> 01:09:29.000]  Well, what are the rules in Wisconsin's statutes and Constitution on searches and salary to arrest if they did not actually arrest you, the search is patently illegal?
[01:09:29.000 --> 01:09:35.000]  I'm pretty sure they, they, they did that. They had to re, re listen to the tape, I guess, but I'm, I'm sure they did.
[01:09:35.000 --> 01:09:39.000]  Well, you have the cop telling you you're not under arrest, right?
[01:09:39.000 --> 01:09:41.000]  In the very beginning, yes.
[01:09:41.000 --> 01:09:44.000]  Did they tell you later you're under arrest?
[01:09:44.000 --> 01:09:47.000]  When they took me out to the car, yeah.
[01:09:47.000 --> 01:09:48.000]  Okay.
[01:09:48.000 --> 01:09:51.000]  Why didn't you just tell him your name?
[01:09:51.000 --> 01:09:54.000]  I said run the plates if you want to know who I am.
[01:09:54.000 --> 01:09:59.000]  Okay. There is such a thing as informing them that you're invoking your rights.
[01:09:59.000 --> 01:10:02.000]  You can do that.
[01:10:02.000 --> 01:10:06.000]  I'm being silent because I have the right to remain silent.
[01:10:06.000 --> 01:10:10.000]  Do you intend to punish me for invoking my right?
[01:10:10.000 --> 01:10:16.000]  I guess I will the next time, but I used the three questions.
[01:10:16.000 --> 01:10:24.000]  I know, but the three questions and the three actions, there's still a common sense element that has to apply here.
[01:10:24.000 --> 01:10:34.000]  And this is what I was talking about before we went to break about having an ID card and a license.
[01:10:34.000 --> 01:10:41.000]  And also, I mean, in a sense that he's right that you're not required to give your name unless you're under arrest.
[01:10:41.000 --> 01:10:53.000]  Depending on the state statute, in most states, I know for sure here in Texas, you do not have to identify yourself unless you're already under arrest for something else.
[01:10:53.000 --> 01:10:57.000]  You can't be arrested for failure to ID.
[01:10:57.000 --> 01:11:05.000]  Failure to ID is something that would be a charge after the fact, after you're already under arrest for something else.
[01:11:05.000 --> 01:11:12.000]  Okay, and so if that's the way it is in Wisconsin and you don't want to tell me who you are, you invoke your rights, like Eddie says.
[01:11:12.000 --> 01:11:19.000]  And then what I would do personally, what I would do is I would say I would like to invoke my right to remain silent.
[01:11:19.000 --> 01:11:21.000]  I know the law.
[01:11:21.000 --> 01:11:23.000]  I know that I cannot be arrested for failure to ID.
[01:11:23.000 --> 01:11:29.000]  Do you have any probable cause to arrest me for something else?
[01:11:29.000 --> 01:11:34.000]  They would obviously, the answer would be no because they would have already told me I'm not under arrest.
[01:11:34.000 --> 01:11:49.000]  And I'd say, well then, I want to, I wish to remain silent then and I would ask them at that point, do you intend to arrest me if I do not tell you who I am or show you some kind of ID card?
[01:11:49.000 --> 01:12:02.000]  And if they said yes, then I would say all right, then I want it on the record that under arrest, under threat of kidnapping and being arrested and taken to jail,
[01:12:02.000 --> 01:12:10.000]  I am being forced to tell you who I am and to show you or show you an ID card and then at that point I would present my ID card.
[01:12:10.000 --> 01:12:14.000]  And then I would do the same thing all over again when they demanded to see the license.
[01:12:14.000 --> 01:12:29.000]  And that way I'd keep myself out of the clink while at the same time having it on the record that I was under, that I was coerced under duress to provide both my identification and a license.
[01:12:29.000 --> 01:12:43.000]  And that way there would be no prima facie evidence that I was in transportation and that there would be no prima facie evidence that I consented to tell them who I am either.
[01:12:43.000 --> 01:12:57.000]  And so it's little things like that that folks need to know so that you can keep yourself out of jail while at the same time invoking your rights and at the same time maintaining standing and cause of action for a lawsuit later on down the line.
[01:12:57.000 --> 01:13:02.000]  Doug, is there a statute number on the citation?
[01:13:02.000 --> 01:13:03.000]  Yeah.
[01:13:03.000 --> 01:13:04.000]  What is it?
[01:13:04.000 --> 01:13:08.000]  Well, actually it's an ordinance number.
[01:13:08.000 --> 01:13:09.000]  Ordinance?
[01:13:09.000 --> 01:13:13.000]  I'm not looking at ordinance, I'm looking at state statutes.
[01:13:13.000 --> 01:13:17.000]  It looks like 946.41.
[01:13:17.000 --> 01:13:20.000]  946.41?
[01:13:20.000 --> 01:13:23.000]  That's the state statute number or the ordinance number.
[01:13:23.000 --> 01:13:25.000]  It says adopting state statutes.
[01:13:25.000 --> 01:13:28.000]  Okay, there you go.
[01:13:28.000 --> 01:13:31.000]  946.41?
[01:13:31.000 --> 01:13:36.000]  Correct.
[01:13:36.000 --> 01:13:40.000]  Okay.
[01:13:40.000 --> 01:13:44.000]  That's resisting or obstructing an officer.
[01:13:44.000 --> 01:13:46.000]  Okay, I've got the statute right here.
[01:13:46.000 --> 01:13:48.000]  It's all on right where you could hope to find it.
[01:13:48.000 --> 01:13:54.000]  What's the one on the other?
[01:13:54.000 --> 01:14:02.000]  If they're charging you under a city ordinance on the other, the first thing you need to find out is where you within the jurisdiction of the city.
[01:14:02.000 --> 01:14:23.000]  And then, does the city ordinance take into account that you're in a motor vehicle which would be under state transportation, which by the way is chapter 94, or I'm sorry, 194 of the Wisconsin statutes?
[01:14:23.000 --> 01:14:31.000]  Okay, the ordinance number was 10.04.010.
[01:14:31.000 --> 01:14:37.000]  I don't need the ordinance number, I need to know if it tells you that it's mirroring a state statute like the other one did.
[01:14:37.000 --> 01:14:47.000]  Yeah, it's 347.39 and with a 1 in parentheses, whatever that means.
[01:14:47.000 --> 01:14:50.000]  347.39?
[01:14:50.000 --> 01:14:55.000]  Correct.
[01:14:55.000 --> 01:15:00.000]  Okay, again, that one's right here on there as well.
[01:15:00.000 --> 01:15:05.000]  And the language comes straight out of the state statute, motor vehicles for transportation.
[01:15:05.000 --> 01:15:09.000]  Again, you're not in transportation, are you?
[01:15:09.000 --> 01:15:21.000]  No, so now I want to apply your information here to, I would imagine, send things to them and say, hey, exactly what you just told me.
[01:15:21.000 --> 01:15:30.000]  Yeah, if you adapt the arguments that are made with Texas law to Wisconsin law, yes, that's exactly what you want to do.
[01:15:30.000 --> 01:15:44.000]  Because the language in this statute is no person shall operate on a highway any motor vehicle. Well, motor vehicles defined back under 194, motor vehicles for transportation.
[01:15:44.000 --> 01:15:48.000]  Okay, that's commerce. That's all transportation is.
[01:15:48.000 --> 01:16:03.000]  It's movement of passengers, property or goods upon the highway from one place to another by carrier for the purpose of compensation or hire or for compensation or hire.
[01:16:03.000 --> 01:16:11.000]  Your program is a lot of stuff and I'm, you know, one of the things is a little bit lost and I thought that's what.
[01:16:11.000 --> 01:16:23.000]  The book tells you how to read statute. The rest of the stuff is just reference and research material except for the documents that say going to court or remedies.
[01:16:23.000 --> 01:16:29.000]  Remedies is the old folder that contains the original set of court documents going to court.
[01:16:29.000 --> 01:16:38.000]  If you have the updated version of it has the documents that are being converted into the new stuff.
[01:16:38.000 --> 01:16:43.000]  Okay, whatever we have gotten converted so far and I'm still working on those.
[01:16:43.000 --> 01:16:50.000]  We're trying against still coming up with new arguments to put in there because they're still changing stuff behind their backs.
[01:16:50.000 --> 01:17:00.000]  But hang on Doug, we'll finish this up on the other side. This is rule of law radio. Call in number 512-646-1984. We'll be right back after the break.
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[01:19:22.000 --> 01:19:46.000]  Hi folks, we are back. This is Rule of Law Radio. Right now we are talking to Doug in Wisconsin.
[01:19:46.000 --> 01:19:54.000]  Okay Doug, the statutes are online, they're written on your ticket. You got some reading to do, dude.
[01:19:54.000 --> 01:20:03.000]  And whether or not my material is going to help you is completely dependent on exactly how much of an attitude you develop to fight this.
[01:20:03.000 --> 01:20:09.000]  If you don't have the want to to do it, then don't start.
[01:20:09.000 --> 01:20:12.000]  Have you downloaded the materials yet, Doug?
[01:20:12.000 --> 01:20:13.000]  Yeah.
[01:20:13.000 --> 01:20:16.000]  Okay, good.
[01:20:16.000 --> 01:20:26.000]  I guarantee you this is not going to be, it's a very fun thing to do if you approach it with that mindset that this is a grand experiment.
[01:20:26.000 --> 01:20:30.000]  I can't do anything more than pay a little bit of money out of the deal.
[01:20:30.000 --> 01:20:40.000]  And so I'll get to learn about how court works, what due process I'm being deprived of the whole nine yards and not have to worry about going to jail.
[01:20:40.000 --> 01:20:52.000]  This is good experience if you decide to fight it, but you still need to fight smart and apply yourself to learning what you have to do.
[01:20:52.000 --> 01:21:02.000]  I think I got the, there was a dumb move on my part with the statutes that are printed right there, but I think I was thinking of the administrative procedures and all that other stuff in the state.
[01:21:02.000 --> 01:21:09.000]  Well, from what I just saw, the administrative code as well as all the statutes are right there on the Wisconsin government website.
[01:21:09.000 --> 01:21:19.000]  When you go to the, the wi.gov in the top left hand corner, there's some bars, click the one that says government.
[01:21:19.000 --> 01:21:27.000]  Okay, then look in the section on the middle of the page where it says legislature and click on the link that says statutes.
[01:21:27.000 --> 01:21:37.000]  And then when you get there in the top right hand corner, there's a little set of horizontal menus, one of them says view tree, click on that.
[01:21:37.000 --> 01:21:50.000]  Down the left side of your screen, it will display a Windows Explorer type folder structure that gives you every chapter of the statutes.
[01:21:50.000 --> 01:21:57.000]  The number that is preceding the dot on your ticket is the chapter.
[01:21:57.000 --> 01:22:03.000]  The number after the dot is the specific section within the chapter.
[01:22:03.000 --> 01:22:07.000]  Now is the, is the procedure for how to proceed with this?
[01:22:07.000 --> 01:22:09.000]  Do you think also in there or if not?
[01:22:09.000 --> 01:22:16.000]  No, the procedure is going to be in whatever constitutes the code of criminal procedure section of your statutes.
[01:22:16.000 --> 01:22:20.000]  And that is something individual to every state.
[01:22:20.000 --> 01:22:23.000]  You're going to have to do some reading.
[01:22:23.000 --> 01:22:26.000]  You're going to have to do some analysis.
[01:22:26.000 --> 01:22:37.000]  You're going to have to do some cross referencing and then you're going to have to make some legal determinations in your mind about how these things fit together.
[01:22:37.000 --> 01:22:48.000]  You're on your journey to figuring out how a legal jigsaw puzzle looks when it's reassembled because you're going to look at it in pieces.
[01:22:48.000 --> 01:22:52.000]  And then you've got to put it back together to see the whole picture.
[01:22:52.000 --> 01:22:59.000]  And you only do that by studying one piece at a time to see where it fits.
[01:22:59.000 --> 01:23:09.000]  So I wouldn't even be able to ask and you wouldn't even be able to answer them because you don't know the Wisconsin statutes.
[01:23:09.000 --> 01:23:16.000]  I can tell you the general principles of due process are universal in every state.
[01:23:16.000 --> 01:23:26.000]  The specific details about how each state addresses each element of due process is where the differences exist.
[01:23:26.000 --> 01:23:30.000]  In one state you may have a judicial review option.
[01:23:30.000 --> 01:23:33.000]  In another one you may not.
[01:23:33.000 --> 01:23:40.000]  You may have an immediate appeal option for certain types of violations while in another you may not.
[01:23:40.000 --> 01:23:52.000]  Those are rules specific to each every individual state and if you don't know them then nobody outside of theirs will be able to help you because they don't know them either.
[01:23:52.000 --> 01:24:02.000]  Real quickly then in general as far as the stop, after it all happened and I think we talked a little bit about it here,
[01:24:02.000 --> 01:24:14.000]  I think it'd be maybe a little better after the questions and if they pressure you to say who you are that you're not involved in commerce
[01:24:14.000 --> 01:24:24.000]  and that make it very clear that you know a little about what you're talking about and if they want to continue then you're doing under duress and take it from there.
[01:24:24.000 --> 01:24:32.000]  Okay, what I tell you to do when I tell you action four, five and six, shut up, keep shutting up and shut up some more,
[01:24:32.000 --> 01:24:37.000]  does not necessarily mean don't speak at all for any reason.
[01:24:37.000 --> 01:24:46.000]  What it does mean is do not engage the cop in conversation.
[01:24:46.000 --> 01:25:01.000]  Don't put yourself in an imminent harm's way by not saying anything when it's required but what they're wanting is not things you're required to give them.
[01:25:01.000 --> 01:25:09.000]  So if you can actually fight this and win you've got a good federal lawsuit on your hands for false imprisonment.
[01:25:09.000 --> 01:25:15.000]  You've got a good lawsuit on your hands for kidnapping.
[01:25:15.000 --> 01:25:21.000]  Okay, the point here is is that use common sense folks.
[01:25:21.000 --> 01:25:26.000]  There's nothing wrong with opening your mouth to say look, I have rights.
[01:25:26.000 --> 01:25:28.000]  I'm invoking those rights.
[01:25:28.000 --> 01:25:36.000]  Do you gentlemen intend to punish me for invoking a protected right?
[01:25:36.000 --> 01:25:39.000]  You're not engaging them in conversation.
[01:25:39.000 --> 01:25:43.000]  You're telling them why I don't want to answer your questions.
[01:25:43.000 --> 01:25:52.000]  And you're doing it in a way that sets the bar very high for them to have to jump over.
[01:25:52.000 --> 01:25:54.000]  Yeah, that's a perfect question.
[01:25:54.000 --> 01:25:58.000]  Do you intend to punish me for invoking my right to remain silent?
[01:25:58.000 --> 01:26:03.000]  And they'll probably say, oh no, no, of course not, but you need to tell us who you are.
[01:26:03.000 --> 01:26:14.000]  And then the next question you ask them is, do you intend to arrest me if I don't tell you who I am or show you some form of ID?
[01:26:14.000 --> 01:26:18.000]  And then they'll have to say yes, and that's when you make it clear.
[01:26:18.000 --> 01:26:29.000]  Then I want it clear on the record that because you have now told me that you intend to arrest me if I don't show you my ID or tell you who I am, I will do that.
[01:26:29.000 --> 01:26:40.000]  But I am only doing that under duress. I am not waving my right here to remain silent and to not tell you who I am.
[01:26:40.000 --> 01:26:43.000]  And that's when you give them the ID card or you tell them where you are.
[01:26:43.000 --> 01:26:48.000]  I'm being forced to surrender my ID card. I'm being forced under duress to tell you who I am.
[01:26:48.000 --> 01:26:53.000]  You give them the ID card and then you go through the same thing all over again with the driver's license.
[01:26:53.000 --> 01:27:00.000]  And they say, well, we want to see your license. And then you say, well, I've already told you who I am. I've already shown you my ID card.
[01:27:00.000 --> 01:27:05.000]  I'm not in transportation, so you don't need to see my license.
[01:27:05.000 --> 01:27:13.000]  And then they'll give you some other statement or comment about how they need to see it anyway.
[01:27:13.000 --> 01:27:28.000]  And then you say, again, I'm telling you, I'm not in commerce. I'm not in transportation. Are you going to arrest me if I don't hand over my driver's license to you right now?
[01:27:28.000 --> 01:27:36.000]  And then they'll say yes. And then you say, again, for the record, I am making it clear that I am not in transportation.
[01:27:36.000 --> 01:27:43.000]  I am not in commerce and under duress, under threat and coercion of being arrested and brought to jail.
[01:27:43.000 --> 01:27:47.000]  I am now giving you my driver's license, but only under duress.
[01:27:47.000 --> 01:27:52.000]  This is no indication that I am in transportation or in commerce whatsoever.
[01:27:52.000 --> 01:27:55.000]  And that way you keep yourself out of that.
[01:27:55.000 --> 01:27:58.000]  I have one, but I am not using it at this time.
[01:27:58.000 --> 01:28:06.000]  But I am not using it at this time. That way you keep yourself out of jail and you invoke your rights.
[01:28:06.000 --> 01:28:11.000]  You keep your rights maintained and you maintain standing and cause of action for a lawsuit.
[01:28:11.000 --> 01:28:21.000]  And folks, listen, it is very important these days to stay out of jail for several reasons.
[01:28:21.000 --> 01:28:27.000]  One of the main reasons now is that in most jails in these big, larger cities,
[01:28:27.000 --> 01:28:30.000]  they've got the naked body scanners in the jail now.
[01:28:30.000 --> 01:28:34.000]  You get arrested, you get put through the naked body scanner.
[01:28:34.000 --> 01:28:38.000]  Not an option to say no, like at the airport.
[01:28:38.000 --> 01:28:44.000]  They also, most big cities, you get arrested, mandatory blood draw, period, even if it has nothing to do with DUI.
[01:28:44.000 --> 01:28:54.000]  So folks, if you don't want your DNA in an eternal government database to be shared amongst all the states and the feds
[01:28:54.000 --> 01:28:58.000]  and other international governments for that matter and the UN,
[01:28:58.000 --> 01:29:07.000]  and if you don't want your naked picture being shared throughout all the governments and the law enforcement entities
[01:29:07.000 --> 01:29:13.000]  and get fried with radiation, and folks, let me tell you something about the resolution of those naked body scanners.
[01:29:13.000 --> 01:29:18.000]  It's thousands of times more resolution than what you can see with the naked eye.
[01:29:18.000 --> 01:29:22.000]  It's the most intense biometric form of data that there is.
[01:29:22.000 --> 01:29:28.000]  If you don't want that, and they do that to you, upon arrest has nothing to do with conviction,
[01:29:28.000 --> 01:29:31.000]  you need to keep yourself out of jail.
[01:29:31.000 --> 01:29:34.000]  Very, very important.
[01:29:34.000 --> 01:29:38.000]  And it's coming to a town near you if it's not already there.
[01:29:38.000 --> 01:29:45.000]  So you've got to learn how to handle these traffic stops and hold on to your rights, invoking your rights,
[01:29:45.000 --> 01:29:47.000]  while at the same time keeping yourself out of the claim.
[01:29:47.000 --> 01:29:52.000]  Folks, don't let yourself go to jail just because you don't want to tell them who you are, all right?
[01:29:52.000 --> 01:29:56.000]  You can fight that fight later. We'll be right back.
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[01:30:13.000 --> 01:30:18.000]  Over 6,000 of my fellow service members have given their lives.
[01:30:18.000 --> 01:30:20.000]  I'm not a conspiracy theorist.
[01:30:20.000 --> 01:30:21.000]  I'm a structural engineer.
[01:30:21.000 --> 01:30:22.000]  I'm a New York City correctional.
[01:30:22.000 --> 01:30:23.000]  I'm an Air Force pilot.
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[01:32:23.000 --> 01:32:49.000]  Thank you.
[01:32:49.000 --> 01:33:16.000]  All right, folks, we are back.
[01:33:16.000 --> 01:33:19.000]  This is Rule of Law Radio.
[01:33:19.000 --> 01:33:24.000]  Okay, let's cover just one more thing here before we take Mark in Wisconsin.
[01:33:24.000 --> 01:33:32.000]  Folks, when I tell you to do three things up front, ask three questions, and then shut up, keep shutting up, and shut up some more.
[01:33:32.000 --> 01:33:36.000]  There is a time when common sense must kick in, okay?
[01:33:36.000 --> 01:33:54.000]  You can talk if talking is necessary to prevent yourself from being harmed or arrested, but limit what you say or do specifically to what you are being asked.
[01:33:54.000 --> 01:34:08.000]  The stop talking is all about engaging the cop in idle conversation, answering questions not relevant to why you were stopped, such as, where have you been?
[01:34:08.000 --> 01:34:10.000]  None of your freaking business.
[01:34:10.000 --> 01:34:12.000]  Where are you going?
[01:34:12.000 --> 01:34:14.000]  Same answer.
[01:34:14.000 --> 01:34:16.000]  Well, why do you have an attitude?
[01:34:16.000 --> 01:34:18.000]  You stopped me, didn't you?
[01:34:18.000 --> 01:34:26.000]  Okay, those are all valid responses to stupid questions he has no authority to be asking to begin with.
[01:34:26.000 --> 01:34:38.000]  Or instead of saying none of your business, you could also say something like, I choose to not answer that question at this time, and maybe starts asking you, why aren't you answering my questions?
[01:34:38.000 --> 01:34:54.000]  Then what I would do is I would say, officer, it seems like you're asking me a lot of questions that are not related to this traffic stop, and so I am choosing to remain silent at this time, and I'm not going to answer any more questions until I speak with my attorney.
[01:34:54.000 --> 01:35:02.000]  The instant you mention the word attorney, they have to stop asking you questions.
[01:35:02.000 --> 01:35:12.000]  And if they don't, they're going to have a real problem, but generally that will stop them dead in their tracks from asking you any more questions.
[01:35:12.000 --> 01:35:22.000]  As you say, officer, you're asking a lot of questions that are not related to this traffic stop, and it's concerning to me, so I'm not going to answer any more questions until I speak with my attorney.
[01:35:22.000 --> 01:35:24.000]  And then that's it.
[01:35:24.000 --> 01:35:32.000]  But that doesn't mean that you have to, like Eddie said, you have to be completely silent if they're wanting to know who you are, they want your license.
[01:35:32.000 --> 01:35:40.000]  You still have to go through the same routine that I just described in the previous segment so that you can maintain your standing and your cause of action,
[01:35:40.000 --> 01:35:50.000]  maintain that you are not in transportation, maintain that you are not waiving your right to keep your anonymity, all these different things,
[01:35:50.000 --> 01:35:59.000]  but at the same time, you keep yourself out of the clink and out of the naked body scanners and out of the blood draws and the databases and possibly getting raped and beat up in jail and everything else.
[01:35:59.000 --> 01:36:02.000]  I mean, you have to use a little bit of common sense here.
[01:36:02.000 --> 01:36:10.000]  And folks also, you know, we do everything we can to help people as much as possible, but remember, we're not attorneys.
[01:36:10.000 --> 01:36:12.000]  We're not giving legal advice.
[01:36:12.000 --> 01:36:14.000]  We're saying this is what I would do.
[01:36:14.000 --> 01:36:20.000]  We can help with some paperwork off the air in a paralegal fashion. That's what Eddie does.
[01:36:20.000 --> 01:36:24.000]  But folks, we cannot handle your case for you from top to bottom completely.
[01:36:24.000 --> 01:36:35.000]  If y'all need somebody, you know, to completely handle your case for you, then you need to hire an attorney because going this route, you're going to have to work.
[01:36:35.000 --> 01:36:37.000]  All right, you're going to have to do some research.
[01:36:37.000 --> 01:36:43.000]  You're going to have to learn how to use the internet, learn how to use email, learn how to use Microsoft Word, learn how to use a printer,
[01:36:43.000 --> 01:36:47.000]  learn how to research, learn how to put things together, these sorts of things.
[01:36:47.000 --> 01:36:53.000]  If you can't do that or don't want to do it or don't have the time to do it, then you need to hire an attorney or just pay the ticket.
[01:36:53.000 --> 01:36:58.000]  You know, but we cannot completely handle your cases for you. That's all I wanted to say on that.
[01:36:58.000 --> 01:37:00.000]  So, all right, Eddie, anything else?
[01:37:00.000 --> 01:37:03.000]  No, that about sums it up.
[01:37:03.000 --> 01:37:07.000]  Okay, we're going to go ahead and talk to Mark in Wisconsin also.
[01:37:07.000 --> 01:37:09.000]  Mark, what can we do for you?
[01:37:09.000 --> 01:37:14.000]  Hey, I tuned in late so I didn't get the whole story on that guy from Wisconsin.
[01:37:14.000 --> 01:37:23.000]  But it is illegal for the police to ask for ID if there's no cause, if there's no crime that they're attempting.
[01:37:23.000 --> 01:37:24.000]  Investigating?
[01:37:24.000 --> 01:37:26.000]  Investigate, right.
[01:37:26.000 --> 01:37:37.000]  Well, the thing is, is can they arrest you for not providing it or do they have to have already arrested you for some other alleged crime like they do in Texas?
[01:37:37.000 --> 01:37:41.000]  Seeing Texas, the cop's favorite thing is to demand you tell him who you are.
[01:37:41.000 --> 01:37:45.000]  When you don't, he'll go, I'm arresting you for failure to ID.
[01:37:45.000 --> 01:37:59.000]  When the statute very clearly says that statute can only be invoked if the individual has already been lawfully arrested and then refuses to give identification.
[01:37:59.000 --> 01:38:06.000]  And even then, the identification is limited to three pieces of information, name, address, and date of birth.
[01:38:06.000 --> 01:38:07.000]  Right, right.
[01:38:07.000 --> 01:38:15.000]  I'm pretty sure it's absolutely illegal to arrest someone for failure to ID unless there's another charge before it.
[01:38:15.000 --> 01:38:19.000]  In other words, they have to be arrested first for something.
[01:38:19.000 --> 01:38:23.000]  Right, that's exactly the way it is here.
[01:38:23.000 --> 01:38:24.000]  Yeah.
[01:38:24.000 --> 01:38:33.000]  So that's good to know for Wisconsin listeners, if you're out there and the cops tell you they're arresting you for failure to ID,
[01:38:33.000 --> 01:38:37.000]  then the arrest in and of itself is patently illegal to begin with.
[01:38:37.000 --> 01:38:39.000]  Have a happy lawsuit.
[01:38:39.000 --> 01:38:50.000]  And that's why I say you find out first, you say, officer, if they are demanding your ID, you find out, well, am I already under arrest for something?
[01:38:50.000 --> 01:38:52.000]  Am I under arrest right now?
[01:38:52.000 --> 01:38:56.000]  No, but you're going to be if you don't hand over the ID.
[01:38:56.000 --> 01:38:58.000]  That's when you go through the routine.
[01:38:58.000 --> 01:39:00.000]  You go through the spiel.
[01:39:00.000 --> 01:39:01.000]  All right.
[01:39:01.000 --> 01:39:03.000]  I know the law, officer.
[01:39:03.000 --> 01:39:08.000]  I know that I do not have to identify myself to you unless I'm already under arrest for something else.
[01:39:08.000 --> 01:39:10.000]  You've just told me that I'm not.
[01:39:10.000 --> 01:39:15.000]  And so therefore, I am only going to identify myself to you under due arrest.
[01:39:15.000 --> 01:39:17.000]  I want it on the record.
[01:39:17.000 --> 01:39:24.000]  I am identifying myself to you under due arrest, under coercion, under threat that you will take me to jail if I do not identify myself.
[01:39:24.000 --> 01:39:28.000]  But I'm absolutely not waiving my right to anonymity right now.
[01:39:28.000 --> 01:39:32.000]  Then you've got it on the record and then you get your lawsuit and you stay out of jail.
[01:39:32.000 --> 01:39:34.000]  I would state it slightly differently.
[01:39:34.000 --> 01:39:40.000]  I would do it slightly differently just to put the question up in the air of invoking your rights.
[01:39:40.000 --> 01:39:48.000]  When they're asking you for this information and you address the fact that you just told me I'm not under arrest for anything,
[01:39:48.000 --> 01:39:57.000]  then I intend to invoke my right to remain silent and not answer any more questions since you obviously have no reason to be questioning me.
[01:39:57.000 --> 01:40:01.000]  Do you intend to punish me for invoking that right?
[01:40:01.000 --> 01:40:02.000]  Oh yeah, that's right.
[01:40:02.000 --> 01:40:10.000]  Is the threat of arrest how you intend to punish me for the invocation of my right?
[01:40:10.000 --> 01:40:16.000]  Make him answer that because he's going to have a hard time reneging on it later.
[01:40:16.000 --> 01:40:20.000]  Well, he's going to have to show that in court too.
[01:40:20.000 --> 01:40:32.000]  I mean, if this gentleman brings it up in court, he's going to have to show that he was under arrest before he hit him with that other charge failure to ID.
[01:40:32.000 --> 01:40:37.000]  Yeah, but if Doug doesn't decide to get the video and the audio,
[01:40:37.000 --> 01:40:46.000]  so his argument will stand that, no, you never told me I was under arrest for anything else and you never arrested me for anything else,
[01:40:46.000 --> 01:40:55.000]  then the officers can make up any story they want and say, yeah, we were arresting him because of the muffler.
[01:40:55.000 --> 01:41:08.000]  That's why, folks, you've got to carry around your own recording device at all times and I recommend a smart phone or smart device such as, you know, like an iPad Touch,
[01:41:08.000 --> 01:41:16.000]  you know, these sorts of things or iPhone or Android, whatever your preference is and you get the quick app QIK.com.
[01:41:16.000 --> 01:41:29.000]  It's a free app and it live video and audio streams to the Internet real time and records it and that way and records it on the website.
[01:41:29.000 --> 01:41:37.000]  And that way, if the cop grabs your phone and destroys it, it's okay because it's already been uploaded.
[01:41:37.000 --> 01:41:44.000]  It's uploaded real time and so they can never destroy the evidence and then you get to sue them to replace your phone.
[01:41:44.000 --> 01:41:46.000]  And destroying evidence.
[01:41:46.000 --> 01:41:49.000]  That too.
[01:41:49.000 --> 01:41:58.000]  I was going to say, this guy's in a good position because I've beat four tickets and I'll tell you, I've had cops right on my bumper before running my place and everything
[01:41:58.000 --> 01:42:01.000]  and they just don't even mess around with me anymore.
[01:42:01.000 --> 01:42:09.000]  I did get pulled over out of town here in Wisconsin by a state trooper and I didn't even have my license on me.
[01:42:09.000 --> 01:42:10.000]  I just told him my name.
[01:42:10.000 --> 01:42:16.000]  He went back to his car and he came back and he said, I'm just going to give you a warning. Have a nice day.
[01:42:16.000 --> 01:42:21.000]  So the sooner you kick him in the teeth in Wisconsin, the sooner they stop messing with you.
[01:42:21.000 --> 01:42:24.000]  It's probably going to be the same across the board.
[01:42:24.000 --> 01:42:25.000]  Yeah.
[01:42:25.000 --> 01:42:30.000]  Now, speaking of which, go ahead, Mark.
[01:42:30.000 --> 01:42:42.000]  I was going to say, that guy can call me at 608-798-0745 if he wants and I'll do what I can, but he's going to have to do most of the legwork.
[01:42:42.000 --> 01:42:51.000]  Yeah, Doug, if you need that number again, download the archive after Debra posted. Mark, thanks for the offer to him and thank you for the calls or anything else.
[01:42:51.000 --> 01:42:53.000]  No, that's it. Thanks a lot. Bye bye.
[01:42:53.000 --> 01:42:54.000]  Thanks Mark.
[01:42:54.000 --> 01:42:56.000]  No problem. Thank you.
[01:42:56.000 --> 01:43:09.000]  Now, I would like to say that one of my students got pulled over today. He tried to call me while the stop was in progress, but I didn't get the phone in time before he hung it up.
[01:43:09.000 --> 01:43:14.000]  But he got someone else on the phone to record the stop for him and to send it to.
[01:43:14.000 --> 01:43:20.000]  But he managed to get all the way through the traffic stop without having to produce the license at all.
[01:43:20.000 --> 01:43:21.000]  Wow.
[01:43:21.000 --> 01:43:22.000]  Congrats.
[01:43:22.000 --> 01:43:32.000]  Congrats very much on standing up for yourself and making the officer do what he did without the production of the license and for not getting thrown in jail through the process.
[01:43:32.000 --> 01:43:44.000]  It can be done, folks. I've only had them, I've actually never had them take me to jail for not producing the license, except in Rockville, but we'll get back to that later.
[01:43:44.000 --> 01:43:55.000]  When we get back, Sonia will take your car. This is Rule of Law Radio. The call-in number is 512-646-1984. This is our last segment coming up.
[01:43:55.000 --> 01:43:57.000]  Sonia Steve will be right back.
[01:44:01.000 --> 01:44:04.000]  Hey, did you hear? Ron Paul has announced he's running for president in 2012.
[01:44:04.000 --> 01:44:05.000]  It is Ron Paul.
[01:44:05.000 --> 01:44:11.000]  Really? Okay, put down the cell phone for one minute. Your friends really don't care about your Twitter updates on what you had for breakfast.
[01:44:11.000 --> 01:44:14.000]  Oh, but I'd love to make those little smiley faces with punctuation marks.
[01:44:14.000 --> 01:44:21.000]  Of course you do. Now, listen closely. You need to go down to Brave New Books and learn as much as you can about Ron Paul and his message before it's too late.
[01:44:21.000 --> 01:44:29.000]  They have all of his books and many of the books he talks about. They also have t-shirts, bumper stickers, and yard signs so that you can show your support for him during the campaign.
[01:44:29.000 --> 01:44:31.000]  Brave New Books? Do they have Harry Potter and Twilight?
[01:44:31.000 --> 01:44:37.000]  No, but they do carry a large selection of survival and preparedness books to protect your family in time of emergency.
[01:44:37.000 --> 01:44:40.000]  Ugh, that sounds like that show in the Discovery Channel.
[01:44:40.000 --> 01:44:47.000]  Yeah, there's even a wilderness survival expert that teaches classes called Earth Skills School that you can sign up for on the website bravenewbookstore.com.
[01:44:47.000 --> 01:44:48.000]  What are you doing?
[01:44:48.000 --> 01:44:54.000]  I'm tweeting all my friends that they should go to bravenewbookstore.com or down to the bookstore in person. Where's it located?
[01:44:54.000 --> 01:44:56.000]  1904, Guadalupe Street.
[01:44:56.000 --> 01:44:58.000]  There, it's sent. I even made a smiley face.
[01:44:58.000 --> 01:44:59.000]  Great.
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[01:46:03.000 --> 01:46:10.000]  Hi, folks. We are back on an accelerated return since we now have more callers than we got minutes left to deal with them.
[01:46:10.000 --> 01:46:14.000]  If their questions are very long, let's go to Sonya in Connecticut.
[01:46:14.000 --> 01:46:17.000]  Steve, I see you there. Hang on, and we'll be right with you.
[01:46:17.000 --> 01:46:19.000]  Go ahead, Sonya. What can we do for you?
[01:46:19.000 --> 01:46:22.000]  Hi. Hi, you guys. Yeah, I have a question.
[01:46:22.000 --> 01:46:24.000]  Last I talked with you, it was...
[01:46:24.000 --> 01:46:26.000]  I don't know.
[01:46:26.000 --> 01:46:34.000]  Regarding TCPA, similar to the action that we were talking about before,
[01:46:34.000 --> 01:46:40.240]  we've talked about the
[01:46:40.240 --> 01:46:54.700]  I don't know if you recall, it was regarding TCPA, similar to the action that we were talking
[01:46:54.700 --> 01:47:06.540]  about before, the council called me and threatened me by phone, in a phone call, and, and Eddie
[01:47:06.540 --> 01:47:10.560]  said, wait, wait, the other side's council called and threatened you?
[01:47:10.560 --> 01:47:15.880]  Yeah, on the day that I, I don't know if you recall, on the day that I was on my way
[01:47:15.880 --> 01:47:20.760]  to court to dismiss one of the co-defendants, this was after another council within the
[01:47:20.760 --> 01:47:24.160]  law firm had, on behalf of their client.
[01:47:24.160 --> 01:47:29.120]  Yeah, I remember you talking about that, and did you ever move for sanctions and file a
[01:47:29.120 --> 01:47:30.120]  bar grievance?
[01:47:30.120 --> 01:47:36.880]  Well, I attempted to, to go on the website to bargreavance.net, but I couldn't get to
[01:47:36.880 --> 01:47:39.560]  any links, and I'm still trying to, to...
[01:47:39.560 --> 01:47:42.680]  Yeah, Randy's having trouble with that website right now.
[01:47:42.680 --> 01:47:48.760]  Just, just fill out a, just go to the website of the state bar in, in Connecticut, and they
[01:47:48.760 --> 01:47:52.320]  may have a form for bar grievance, and just fill it out and send it in.
[01:47:52.320 --> 01:47:55.840]  Yeah, right now the website, like Randy, is leakless.
[01:47:55.840 --> 01:48:00.280]  Okay, so I'll, I'll go to the, the state of Massachusetts.
[01:48:00.280 --> 01:48:03.200]  But you definitely need to move for sanctions against that attorney.
[01:48:03.200 --> 01:48:04.200]  Oh yeah.
[01:48:04.200 --> 01:48:07.000]  How would I do, how, I'd do that through the bar then?
[01:48:07.000 --> 01:48:09.160]  No, no, in the case, in the lawsuit.
[01:48:09.160 --> 01:48:14.720]  Yeah, in the case, you'll make the motion in court, you will show the judge a copy provided
[01:48:14.720 --> 01:48:20.720]  it's not secret in your state like it is ours once it's filed.
[01:48:20.720 --> 01:48:24.960]  But you can tell the judge, hey, I filed a bar grievance against this gentleman, and
[01:48:24.960 --> 01:48:30.480]  I'm moving the court for sanctions for professional misconduct.
[01:48:30.480 --> 01:48:38.640]  He actually threatened me, which is both tampering with a witness and threatening a defendant.
[01:48:38.640 --> 01:48:41.720]  Both of which are illegal in any state of the union.
[01:48:41.720 --> 01:48:50.480]  Yeah, okay, so, because I did send the judge a copy of my affidavit because it's...
[01:48:50.480 --> 01:48:52.960]  Please tell me your phone records conversations.
[01:48:52.960 --> 01:48:55.200]  Oh, unfortunately it didn't.
[01:48:55.200 --> 01:49:01.480]  Okay, well, Sonia, if you have an affidavit that you filed in, did you file the affidavit
[01:49:01.480 --> 01:49:02.480]  in the case?
[01:49:02.480 --> 01:49:03.960]  Is this an affidavit about what happened?
[01:49:03.960 --> 01:49:09.280]  No, I didn't file it yet because I, um, it's filled with the bad language that the, you
[01:49:09.280 --> 01:49:12.800]  know, it's a transcript of the, of the phone call that I made that night.
[01:49:12.800 --> 01:49:13.800]  Wait, wait, wait, wait.
[01:49:13.800 --> 01:49:14.800]  That's fine.
[01:49:14.800 --> 01:49:20.080]  You put everything in there and attach the transcript as to it, not your original copy.
[01:49:20.080 --> 01:49:21.880]  Attach a copy to it, of course.
[01:49:21.880 --> 01:49:26.720]  How can you have a transcript of the conversation if you didn't record the call?
[01:49:26.720 --> 01:49:29.800]  Well, I made the transcript of it, um...
[01:49:29.800 --> 01:49:30.800]  From your memory?
[01:49:30.800 --> 01:49:31.800]  A few hours later.
[01:49:31.800 --> 01:49:32.800]  Yeah.
[01:49:32.800 --> 01:49:40.000]  Okay, well, listen, you need to file that affidavit as an attachment to your motion for sanctions.
[01:49:40.000 --> 01:49:45.160]  Now, you're saying you sent the judge a copy of it, you're not...
[01:49:45.160 --> 01:49:50.440]  In most states, it's actually against the rules of court and could even be a crime to
[01:49:50.440 --> 01:49:53.400]  try to have ex-carte communication with the judge.
[01:49:53.400 --> 01:49:54.840]  You're not supposed to do that.
[01:49:54.840 --> 01:49:59.200]  Anything that you need the judge to look at, you need to file it in the case and you have
[01:49:59.200 --> 01:50:03.720]  to serve a copy of it to the other party, to the opposing party.
[01:50:03.720 --> 01:50:08.320]  So, and just an affidavit in and of itself, even if you file it, is not enough.
[01:50:08.320 --> 01:50:15.040]  You have that affidavit filed as an exhibit or as an attachment to your motion for sanctions
[01:50:15.040 --> 01:50:16.040]  against that attorney.
[01:50:16.040 --> 01:50:21.320]  Now, would I file the bar grievance first or concurrently or could I file both at the
[01:50:21.320 --> 01:50:22.320]  same time?
[01:50:22.320 --> 01:50:24.720]  You can file the bar grievance any time.
[01:50:24.720 --> 01:50:25.720]  Okay.
[01:50:25.720 --> 01:50:30.800]  But I should get on the motion...
[01:50:30.800 --> 01:50:31.800]  Motion for sanctions.
[01:50:31.800 --> 01:50:38.920]  Motion for sanctions and an affidavit in support by...that contains the transcripted barbage
[01:50:38.920 --> 01:50:40.520]  from the phone call.
[01:50:40.520 --> 01:50:41.520]  Okay.
[01:50:41.520 --> 01:50:51.080]  It's got to be either notarized, the affidavit, or you use the 28 U.S.C. 1746 verification.
[01:50:51.080 --> 01:50:52.080]  It was notarized.
[01:50:52.080 --> 01:50:53.080]  It was...
[01:50:53.080 --> 01:50:54.080]  Okay.
[01:50:54.080 --> 01:50:55.080]  Very good.
[01:50:55.080 --> 01:50:56.080]  Very good.
[01:50:56.080 --> 01:50:57.080]  Back in December.
[01:50:57.080 --> 01:50:58.080]  Yeah.
[01:50:58.080 --> 01:51:01.840]  The reason I sent it to the judge is because the judge's clerk, I had asked her, it's filled
[01:51:01.840 --> 01:51:02.840]  with bad language.
[01:51:02.840 --> 01:51:03.840]  Should I file it?
[01:51:03.840 --> 01:51:04.840]  And the federal board...
[01:51:04.840 --> 01:51:07.240]  She can't give you legal advice.
[01:51:07.240 --> 01:51:08.240]  Yes, that's right.
[01:51:08.240 --> 01:51:10.880]  You can't ask the clerk those kinds of questions.
[01:51:10.880 --> 01:51:13.240]  You have to figure out what to do with it.
[01:51:13.240 --> 01:51:20.040]  No matter what the language is, the other person used it against you, you need to do
[01:51:20.040 --> 01:51:28.120]  a verbatim as accurately as possible, regurgitation of that information to the judge as factual
[01:51:28.120 --> 01:51:30.160]  statements in your affidavit.
[01:51:30.160 --> 01:51:32.840]  So don't worry about the language.
[01:51:32.840 --> 01:51:34.400]  You didn't utter it.
[01:51:34.400 --> 01:51:35.400]  Okay.
[01:51:35.400 --> 01:51:36.720]  Well, that's what she totally did.
[01:51:36.720 --> 01:51:40.160]  She said if I were to attach it in a letter to the judge, though I didn't...
[01:51:40.160 --> 01:51:41.160]  Okay.
[01:51:41.160 --> 01:51:46.440]  She's not authorized to give legal advice, and that was very bad legal advice I might
[01:51:46.440 --> 01:51:52.800]  add because you're not supposed to have ex parte communication with the judge.
[01:51:52.800 --> 01:51:54.760]  You're not even allowed to write them a letter.
[01:51:54.760 --> 01:51:55.760]  Okay.
[01:51:55.760 --> 01:51:59.960]  Anything that's related to the case or has anything to do with the situation that you
[01:51:59.960 --> 01:52:06.440]  want the judge to see, you have to file it in the case with the header and the cause number
[01:52:06.440 --> 01:52:14.160]  and the whole bit, and you have to have your certificate of service at the end, and you
[01:52:14.160 --> 01:52:16.440]  have to serve it upon the other party.
[01:52:16.440 --> 01:52:18.160]  That's the only way it will be legitimate.
[01:52:18.160 --> 01:52:19.160]  Okay.
[01:52:19.160 --> 01:52:20.160]  All right.
[01:52:20.160 --> 01:52:21.160]  You should do this right away.
[01:52:21.160 --> 01:52:22.160]  You should do it right away.
[01:52:22.160 --> 01:52:25.480]  You should have done it the day after it happened.
[01:52:25.480 --> 01:52:28.800]  Well, I didn't, I just, you know...
[01:52:28.800 --> 01:52:29.800]  Okay.
[01:52:29.800 --> 01:52:33.400]  Well, just do it as soon as possible and the bar grievance also.
[01:52:33.400 --> 01:52:34.400]  Okay.
[01:52:34.400 --> 01:52:35.720]  That's what I'll do right away.
[01:52:35.720 --> 01:52:41.960]  Yeah, because then they, I did the motion to disqualify counsel, and they just came
[01:52:41.960 --> 01:52:49.120]  back with here just 21 days later, and they came back with their memorandum of opposing
[01:52:49.120 --> 01:52:50.120]  it, of course.
[01:52:50.120 --> 01:52:51.120]  Right.
[01:52:51.120 --> 01:52:52.120]  Well, motion for sanctions is in order.
[01:52:52.120 --> 01:52:54.240]  Sonia, listen, can you call back in on Thursday?
[01:52:54.240 --> 01:52:55.240]  We've got a full call board.
[01:52:55.240 --> 01:52:57.080]  There's like three, four other callers.
[01:52:57.080 --> 01:52:58.080]  You've got six minutes left.
[01:52:58.080 --> 01:52:59.080]  I appreciate your help.
[01:52:59.080 --> 01:53:03.080]  I'll get right on the motion for the sanctions, but thank you, hon.
[01:53:03.080 --> 01:53:04.080]  Thank you, Sonia.
[01:53:04.080 --> 01:53:05.080]  Okay.
[01:53:05.080 --> 01:53:10.400]  We've got Stephen in Texas, and then James, actually, let me go to James real quick.
[01:53:10.400 --> 01:53:11.400]  He's the first son caller.
[01:53:11.400 --> 01:53:15.280]  I think he just has a quick comment, James, did you just have a quick comment about filming
[01:53:15.280 --> 01:53:16.280]  the police?
[01:53:16.280 --> 01:53:17.280]  Yes, ma'am.
[01:53:17.280 --> 01:53:18.800]  Go ahead, please, quickly.
[01:53:18.800 --> 01:53:24.440]  Yeah, I just wanted to say that I was watching the news a couple weeks ago, I guess.
[01:53:24.440 --> 01:53:27.720]  I'm not sure if it was Maryland or Virginia.
[01:53:27.720 --> 01:53:33.800]  Somewhere on the East Coast is actually trying to make it illegal to record law enforcement
[01:53:33.800 --> 01:53:38.440]  doing their job without, I think they said without their permission, but I wasn't sure
[01:53:38.440 --> 01:53:42.040]  as far as anybody was able to.
[01:53:42.040 --> 01:53:47.160]  Yeah, that'll never fly over the Supreme Court doctrine of public place recording.
[01:53:47.160 --> 01:53:48.160]  That'll never fly.
[01:53:48.160 --> 01:53:51.840]  The state can't get away without if Supreme Court's already said a public place is open
[01:53:51.840 --> 01:53:52.840]  to recording.
[01:53:52.840 --> 01:53:53.840]  Yes.
[01:53:53.840 --> 01:53:54.840]  Whether they're a cop or not.
[01:53:54.840 --> 01:53:55.840]  That's correct.
[01:53:55.840 --> 01:53:58.400]  The Supreme Court has already struck down state statutes like that, so if they're trying
[01:53:58.400 --> 01:54:02.160]  to pass something like that, it will not stand with the Supreme Court, but folks need
[01:54:02.160 --> 01:54:03.960]  to fight it anyway.
[01:54:03.960 --> 01:54:04.960]  Yeah, yeah.
[01:54:04.960 --> 01:54:06.600]  Okay, that was all I had.
[01:54:06.600 --> 01:54:07.600]  All right, thank you.
[01:54:07.600 --> 01:54:08.600]  Thank you, James.
[01:54:08.600 --> 01:54:11.120]  Okay, we're going to Steve now.
[01:54:11.120 --> 01:54:12.800]  We're starting to run out of time.
[01:54:12.800 --> 01:54:16.800]  Stephen, what is your question or comment?
[01:54:16.800 --> 01:54:18.800]  Turn your radio down, Stephen.
[01:54:18.800 --> 01:54:23.160]  Stephen, are you on a speaker phone?
[01:54:23.160 --> 01:54:25.360]  I'm on the iPhone with earphones in.
[01:54:25.360 --> 01:54:26.520]  I've got it right here by my side.
[01:54:26.520 --> 01:54:31.640]  Can you turn down the volume that you're listening, because we're feeding back.
[01:54:31.640 --> 01:54:32.640]  Is that better?
[01:54:32.640 --> 01:54:33.640]  Check one, too?
[01:54:33.640 --> 01:54:34.640]  No, that's not better.
[01:54:34.640 --> 01:54:39.400]  Oh, something's coming back to us when we talk.
[01:54:39.400 --> 01:54:44.200]  Either you've got a speaker on where you are or something, because we can hear what we're
[01:54:44.200 --> 01:54:46.200]  saying coming back.
[01:54:46.200 --> 01:54:48.360]  All about now.
[01:54:48.360 --> 01:54:49.360]  Okay, quickly.
[01:54:49.360 --> 01:54:50.360]  What is your question?
[01:54:50.360 --> 01:54:51.360]  Yes, that's much better.
[01:54:51.360 --> 01:54:52.360]  Thank you.
[01:54:52.360 --> 01:54:55.360]  Eddie was last Thursday Friday about a dog catcher issue in Lewisville.
[01:54:55.360 --> 01:54:56.360]  Yes, sir.
[01:54:56.360 --> 01:55:02.880]  And the question was, by what right or authority do they can even tell me to register my private
[01:55:02.880 --> 01:55:03.880]  property?
[01:55:03.880 --> 01:55:08.560]  One, we had a pretrial on Monday the 4th or the 2nd.
[01:55:08.560 --> 01:55:13.800]  I'd like to gear up for a series of questions to ask them out, and I would like to, you
[01:55:13.800 --> 01:55:19.440]  know, I've already put my bond of money down since they went ahead and sent a failure to
[01:55:19.440 --> 01:55:25.240]  appear and allegedly put warrants out for my arrest, had two policemen on the front door
[01:55:25.240 --> 01:55:32.400]  for a dog catcher ticket, and I would like to position them to where they're in a mess
[01:55:32.400 --> 01:55:34.000]  when it's all said and done.
[01:55:34.000 --> 01:55:35.640]  When is your pretrial?
[01:55:35.640 --> 01:55:37.440]  April 2nd.
[01:55:37.440 --> 01:55:45.040]  Okay, have you filed written information demanding to know what they're doing and why?
[01:55:45.040 --> 01:55:51.480]  So far, all I've filed is an affidavit of non-corporate existence.
[01:55:51.480 --> 01:55:57.560]  Okay, anything you do or want to know, you do it in writing.
[01:55:57.560 --> 01:56:02.640]  Everything is filed as some sort of affidavit or pleading, everything.
[01:56:02.640 --> 01:56:07.080]  You don't go into court with a question falling off your lips that hasn't already been filed
[01:56:07.080 --> 01:56:09.400]  written on a piece of paper.
[01:56:09.400 --> 01:56:11.400]  Okay.
[01:56:11.400 --> 01:56:14.600]  That's the only way it will be in the record from beginning to end.
[01:56:14.600 --> 01:56:18.080]  If this is a court of no record, whatever comes out of your mouth that isn't written
[01:56:18.080 --> 01:56:21.360]  down will evaporate into the ether the moment it's over.
[01:56:21.360 --> 01:56:22.360]  Exactly.
[01:56:22.360 --> 01:56:25.400]  I think there's supposed to be a court of record, but I was going to demand that anyway.
[01:56:25.400 --> 01:56:31.560]  Well, you still want it in written form in case the record suddenly has a hiccup.
[01:56:31.560 --> 01:56:32.560]  It disappears.
[01:56:32.560 --> 01:56:35.280]  Oh, this didn't happen.
[01:56:35.280 --> 01:56:36.280]  Okay.
[01:56:36.280 --> 01:56:37.280]  Okay.
[01:56:37.280 --> 01:56:45.720]  So you want to file information and questions and pleadings and arguments in written form
[01:56:45.720 --> 01:56:48.480]  only, not oral or verbal.
[01:56:48.480 --> 01:56:49.480]  Okay.
[01:56:49.480 --> 01:56:57.120]  Okay, Steve, that is, we got one more caller.
[01:56:57.120 --> 01:56:58.120]  Okay.
[01:56:58.120 --> 01:56:59.120]  I'll call back 30.
[01:56:59.120 --> 01:57:00.120]  Okay.
[01:57:00.120 --> 01:57:01.120]  Thank you.
[01:57:01.120 --> 01:57:02.120]  Okay.
[01:57:02.120 --> 01:57:03.120]  We've got Julie from Texas.
[01:57:03.120 --> 01:57:04.120]  Last caller.
[01:57:04.120 --> 01:57:05.120]  Julie, thank you for calling in.
[01:57:05.120 --> 01:57:06.120]  I'm glad we were able to get to you.
[01:57:06.120 --> 01:57:07.120]  What is on your mind tonight?
[01:57:07.120 --> 01:57:08.120]  Which question?
[01:57:08.120 --> 01:57:09.120]  Hi, Deborah.
[01:57:09.120 --> 01:57:10.120]  I just wanted to pass on to your listeners.
[01:57:10.120 --> 01:57:15.240]  So I got a speeding ticket was like last month and I did cross out the words coming
[01:57:15.240 --> 01:57:20.120]  to correct to make a plea of guilty, not guilty, et cetera.
[01:57:20.120 --> 01:57:23.760]  And I signed, I do not waive any rights on the duress.
[01:57:23.760 --> 01:57:25.760]  It was a speeding ticket.
[01:57:25.760 --> 01:57:31.560]  And I wanted to just highlight something here when they talk about, when the officer stops
[01:57:31.560 --> 01:57:37.520]  you, they always say the same thing, this is not a plea of guilty.
[01:57:37.520 --> 01:57:40.520]  It's only a promise to appear.
[01:57:40.520 --> 01:57:47.480]  Now this time, I made sure, because I crossed out that address that says, you promise to
[01:57:47.480 --> 01:57:53.640]  appear at the court for the purposes of entering a plea, and I told the cops I am specifically
[01:57:53.640 --> 01:57:55.720]  not going to enter a plea.
[01:57:55.720 --> 01:57:56.720]  That's not what I'm signing here.
[01:57:56.720 --> 01:58:01.520]  I did the whole thing on the duress because they threatened to throw me in jail.
[01:58:01.520 --> 01:58:03.520]  Well, it's okay to promise to appear.
[01:58:03.520 --> 01:58:04.520]  All right.
[01:58:04.520 --> 01:58:10.480]  There's nothing wrong with that, but you just don't want to promise to appear for
[01:58:10.480 --> 01:58:12.840]  the purpose of entering a plea.
[01:58:12.840 --> 01:58:13.840]  Right.
[01:58:13.840 --> 01:58:15.640]  But that's what's written on the Austin side.
[01:58:15.640 --> 01:58:16.640]  Yes.
[01:58:16.640 --> 01:58:17.640]  So you just called.
[01:58:17.640 --> 01:58:18.640]  That was the last portion.
[01:58:18.640 --> 01:58:19.640]  Perfect.
[01:58:19.640 --> 01:58:20.640]  Perfect.
[01:58:20.640 --> 01:58:21.640]  Cross out our address.
[01:58:21.640 --> 01:58:22.640]  I'm just telling you, listen to this.
[01:58:22.640 --> 01:58:23.640]  Start doing that.
[01:58:23.640 --> 01:58:24.640]  Yes, absolutely.
[01:58:24.640 --> 01:58:25.640]  Yeah.
[01:58:25.640 --> 01:58:26.640]  Yep.
[01:58:26.640 --> 01:58:27.640]  All right.
[01:58:27.640 --> 01:58:28.640]  Thanks, Julia.
[01:58:28.640 --> 01:58:29.640]  Thanks for calling in.
[01:58:29.640 --> 01:58:30.640]  We're out of time, dude.
[01:58:30.640 --> 01:58:31.640]  Thank you.
[01:58:31.640 --> 01:58:32.640]  I'm back to class.
[01:58:32.640 --> 01:58:33.640]  All right, folks.
[01:58:33.640 --> 01:58:34.640]  This has been Rule of Law Radio.
[01:58:34.640 --> 01:58:36.240]  Thank you so much for listening.
[01:58:36.240 --> 01:58:38.440]  This is your host, Eddie Craig with Debra Stevens.
[01:58:38.440 --> 01:58:40.680]  Randy Kelton, of course, never shows up on Mondays.
[01:58:40.680 --> 01:58:44.280]  He's too busy trying to count what's donated to Randy's beer fund, which takes him all
[01:58:44.280 --> 01:58:45.280]  of three seconds.
[01:58:45.280 --> 01:58:50.200]  But still, thanks to everybody out there for listening to the show and for all you callers.
[01:58:50.200 --> 01:58:52.640]  Thank you so much for your information.
[01:58:52.640 --> 01:58:54.920]  This is Rule of Law Radio signing off.
[01:58:54.920 --> 01:58:57.320]  God bless and good night.
[01:58:57.320 --> 01:59:05.200]  Would you like to make more definite progress in your walk with God?
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