[00:00.000 --> 00:05.760]  The Bill of Rights contains the first ten amendments of our Constitution.
[00:05.760 --> 00:09.440]  They guarantee the specific freedoms Americans should know and protect.
[00:09.440 --> 00:10.940]  Our liberty depends on it.
[00:10.940 --> 00:14.840]  I'm Dr. Catherine Albrecht and I'll be right back with an unforgettable way to remember
[00:14.840 --> 00:16.960]  your First Amendment rights.
[00:16.960 --> 00:18.560]  Privacy is under attack.
[00:18.560 --> 00:22.160]  When you give up data about yourself, you'll never get it back again.
[00:22.160 --> 00:26.920]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[00:26.920 --> 00:32.040]  So protect your rights, say no to surveillance and keep your information to yourself.
[00:32.040 --> 00:34.680]  Privacy, it's worth hanging on to.
[00:34.680 --> 00:39.000]  This public service announcement is brought to you by StartPage.com, the private search
[00:39.000 --> 00:42.520]  engine alternative to Google, Yahoo, and Bing.
[00:42.520 --> 00:44.640]  Start over with StartPage.
[00:44.640 --> 00:47.800]  SPAR, it's what fighters do.
[00:47.800 --> 00:51.280]  It's also how I remember the five guarantees of the First Amendment.
[00:51.280 --> 00:54.480]  If you plan to take away my rights, I'm going to SPAR with you.
[00:54.480 --> 01:01.560]  SPAR with an extra P, S for speech, P for press, another P for petition, A for assembly,
[01:01.560 --> 01:03.080]  and R for religion.
[01:03.080 --> 01:06.960]  Most Americans are familiar with the First Amendment guarantees of free speech, press,
[01:06.960 --> 01:08.520]  assembly, and religion.
[01:08.520 --> 01:10.880]  But petition for redress is another matter.
[01:10.880 --> 01:14.600]  We have the right to petition the government for a redress of grievances.
[01:14.600 --> 01:17.960]  It means that if we're unhappy with what's going on in our government, we can spell
[01:17.960 --> 01:20.840]  out the reasons without fear of being thrown into jail.
[01:20.840 --> 01:31.120]  I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com.
[01:31.120 --> 01:34.800]  The Bill of Rights contains the first ten amendments of our Constitution.
[01:34.800 --> 01:38.240]  They guarantee the specific freedoms Americans should know and protect.
[01:38.240 --> 01:39.680]  Our liberty depends on it.
[01:39.680 --> 01:43.640]  I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way to remember
[01:43.640 --> 01:46.760]  one of your constitutional rights.
[01:46.760 --> 01:48.360]  Privacy is under attack.
[01:48.360 --> 01:51.960]  When you give up data about yourself, you'll never get it back again.
[01:51.960 --> 01:56.760]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:56.760 --> 02:01.840]  So protect your rights, say no to surveillance, and keep your information to yourself.
[02:01.840 --> 02:04.520]  Privacy, it's worth hanging on to.
[02:04.520 --> 02:08.840]  This public service announcement is brought to you by StartPage.com, the private search
[02:08.840 --> 02:12.320]  engine alternative to Google, Yahoo, and Bing.
[02:12.320 --> 02:15.920]  Start over with StartPage.
[02:15.920 --> 02:20.240]  When I think of the Second Amendment, I visualize myself wrapping my two arms around the Bill
[02:20.240 --> 02:22.320]  of Rights in a big old bear hug.
[02:22.320 --> 02:26.800]  It's how I remember that the Second Amendment guarantees us the right to bear arms.
[02:26.800 --> 02:30.680]  Arms that embrace our freedoms and won't let anyone take them away without a fight.
[02:30.680 --> 02:31.680]  Get it?
[02:31.680 --> 02:32.680]  Two arms?
[02:32.680 --> 02:33.680]  Bear hug?
[02:33.680 --> 02:34.680]  Bear arms?
[02:34.680 --> 02:37.680]  The late Senator Hubert Humphrey captured the spirit of the Second Amendment so well
[02:37.680 --> 02:42.360]  when he said, the right of the citizens to bear arms is just one guarantee against
[02:42.360 --> 02:43.760]  arbitrary government.
[02:43.760 --> 02:48.840]  A more safeguard against the tyranny, which now appears remote in America, but which historically
[02:48.840 --> 02:51.120]  has proved to always be possible.
[02:51.120 --> 02:52.480]  I'm Dr. Catherine Albrecht.
[02:52.480 --> 03:21.480]  For more news and information, at CatherineAlbrecht.com.
[03:21.480 --> 03:48.920]  Okay, we are back.
[03:48.920 --> 03:54.480]  Thank you, Kelton, Brett Fountain, Rule of Law Radio, and we're talking to Tina in California.
[03:54.480 --> 04:00.840]  Okay, Tina, where were we when we were so rudely interrupted?
[04:00.840 --> 04:06.480]  We were talking about the corruption of the California State Bar, and I think with this
[04:06.480 --> 04:12.840]  what's just come to light and publicized that anyone in California who's listening,
[04:12.840 --> 04:17.640]  whose state bar complaints were basically thrown in the trash and not addressed, we should
[04:17.640 --> 04:23.120]  all resubmit them, I know I'm going to, and say in light of this corruption, I'm resubmitting
[04:23.120 --> 04:27.640]  these complaints and I expect them to be addressed.
[04:27.640 --> 04:28.640]  Perfect.
[04:28.640 --> 04:29.640]  Yeah.
[04:29.640 --> 04:41.920]  It'll just come because it'll put more marks on their chart for the insurance companies.
[04:41.920 --> 04:47.360]  Yeah, which is a good thing.
[04:47.360 --> 04:52.200]  So that's what my plan is, and hopefully others might do the same because if they've
[04:52.200 --> 04:59.160]  shown that they are corrupt and will take bribes, so we need to address that.
[04:59.160 --> 05:06.040]  And then one of the things that I recently found in my long file, and I was just going
[05:06.040 --> 05:10.560]  through it today, that I got from one West Bank, well, actually, I didn't get it directly
[05:10.560 --> 05:13.760]  from them, but I got it through an attorney.
[05:13.760 --> 05:22.520]  I found documents that belong to other parties, if they're bankruptcy filing, it is a property
[05:22.520 --> 05:31.440]  deed and trust and the lunges, it also includes the social security numbers.
[05:31.440 --> 05:35.600]  That's in my file, yeah, oh my.
[05:35.600 --> 05:42.760]  There are circumstances where revealing social security numbers are a really big deal.
[05:42.760 --> 05:50.440]  You might check with social security and tell them that you're getting documents that have
[05:50.440 --> 05:53.760]  people's social security numbers on them.
[05:53.760 --> 05:54.760]  Unredacted.
[05:54.760 --> 05:55.760]  Yeah.
[05:55.760 --> 06:01.640]  And ask them, you know, what are the remedies for that?
[06:01.640 --> 06:09.400]  So if somebody gives out my social security number and I get my identity stolen, what
[06:09.400 --> 06:12.960]  is my remedy?
[06:12.960 --> 06:15.680]  Yeah, okay.
[06:15.680 --> 06:23.640]  I know that if you, if you're an entity, you can ask for someone's social security number,
[06:23.640 --> 06:25.800]  but they don't have to give it to you.
[06:25.800 --> 06:30.280]  If you require their social security number, like you're a bank or an insurance company
[06:30.280 --> 06:37.360]  or something, that's a felony in the Fed.
[06:37.360 --> 06:43.160]  So this why I'm asking the question this way, if we have somebody revealing it, if it's
[06:43.160 --> 06:52.440]  a felony to require it, there's got to be something on revealing someone's social security
[06:52.440 --> 06:55.280]  number.
[06:55.280 --> 06:56.280]  There should be.
[06:56.280 --> 07:03.160]  And to that point, if their documents, their information is in my loan file, what has one
[07:03.160 --> 07:07.760]  was done with my information and it is, is it in other people?
[07:07.760 --> 07:08.760]  Yeah.
[07:08.760 --> 07:11.120]  And they might as well have published it in the newspaper.
[07:11.120 --> 07:13.040]  They put it in a public record.
[07:13.040 --> 07:18.040]  In 2008, I, you know, I tell about getting the court of criminal appeals put in front
[07:18.040 --> 07:20.200]  of a grand jury.
[07:20.200 --> 07:26.000]  What started that is I went to Conroe, Texas and filed a habeas to get this kid out of
[07:26.000 --> 07:30.200]  jail for the Republic of Texas group.
[07:30.200 --> 07:34.560]  And I go in the court and these people are running around like crazy, it's pandemonium
[07:34.560 --> 07:35.560]  in here.
[07:35.560 --> 07:38.760]  And I said, what in the heck is going on?
[07:38.760 --> 07:42.840]  And the clerk said, oh, well, the federal government come in and said, we had to go
[07:42.840 --> 07:49.960]  through all of our records for like 10 years back and redact the social security number
[07:49.960 --> 07:52.880]  from everything.
[07:52.880 --> 07:58.400]  It was absolute pandemonium, I mean, these people were concerned.
[07:58.400 --> 08:02.600]  So that social security number is a pretty big deal.
[08:02.600 --> 08:05.200]  It is.
[08:05.200 --> 08:09.000]  I don't even give it to doctors or dentists, anybody who asks me, I just don't even fill
[08:09.000 --> 08:10.000]  it in.
[08:10.000 --> 08:11.000]  I don't give it to them.
[08:11.000 --> 08:12.800]  I just say it's not entitled to it.
[08:12.800 --> 08:13.800]  Yeah.
[08:13.800 --> 08:15.840]  That raises a question.
[08:15.840 --> 08:21.800]  This was 2008 that the feds, you know, cracked down on this.
[08:21.800 --> 08:26.080]  So what are those numbers doing in those documents anyway?
[08:26.080 --> 08:31.080]  That's exactly right.
[08:31.080 --> 08:32.920]  And what are they doing in my loan file?
[08:32.920 --> 08:38.800]  And I'm wondering, I'm trying to think on how I can utilize it at the, in my appeal
[08:38.800 --> 08:43.720]  because it's newly found evidence, but I might be able to just mention it saying, you know,
[08:43.720 --> 08:50.520]  in my, well, Tina, where is your social security number?
[08:50.520 --> 08:54.320]  Who all has yours?
[08:54.320 --> 09:00.320]  Is this woman that you're suing that's really P.O.'ed at you, did they give her your social
[09:00.320 --> 09:02.320]  security number?
[09:02.320 --> 09:04.320]  Well, no, they didn't.
[09:04.320 --> 09:06.800]  No, no, no, wait, I'm making a point here.
[09:06.800 --> 09:07.800]  You're not sure about that.
[09:07.800 --> 09:12.400]  How did you say, he's saying it, it looks like that's their standard M.O., maybe they
[09:12.400 --> 09:13.400]  did.
[09:13.400 --> 09:14.400]  Yeah.
[09:14.400 --> 09:20.280]  How do you know the local hacker doesn't have it?
[09:20.280 --> 09:24.720]  There's a vision in the public record and I wanted to hack people's accounts with their
[09:24.720 --> 09:25.720]  social security number.
[09:25.720 --> 09:27.080]  I know where to go find it.
[09:27.080 --> 09:33.600]  Well, I wonder how these people whose social security numbers I now have would feel about
[09:33.600 --> 09:38.880]  that if they know that I have access to their numbers.
[09:38.880 --> 09:47.080]  How do you feel about the fact that you have access to other people's social security numbers
[09:47.080 --> 09:50.600]  when your social security number is out there?
[09:50.600 --> 09:51.600]  Yeah.
[09:51.600 --> 09:59.880]  I would be more concerned about me than I am about them.
[09:59.880 --> 10:06.120]  And I'd be railing in righteous indignation about it and letting them know if I get my
[10:06.120 --> 10:10.920]  identity hacked, you did it.
[10:10.920 --> 10:11.920]  Yeah.
[10:11.920 --> 10:17.120]  Well, I am trying to point it more as well towards the fraud that I'm suing that attorney
[10:17.120 --> 10:20.720]  and his law firm for, for lying to me.
[10:20.720 --> 10:25.240]  This might just add another little part of it, you know, because I already found that
[10:25.240 --> 10:32.480]  they added 15,000 in legal fees for a small claims case I did against Mnuchin, which is
[10:32.480 --> 10:34.600]  totally illegal for them to do that.
[10:34.600 --> 10:36.680]  They added it to my loan balance.
[10:36.680 --> 10:37.840]  That's another fraud.
[10:37.840 --> 10:44.920]  So this might just be another layer of fraud and I'm still going through some of the documents.
[10:44.920 --> 10:48.920]  This reminds me of something a lawyer told me once.
[10:48.920 --> 10:54.600]  He said, if you sue a lawyer, then they will go to their insurance carry and tell them,
[10:54.600 --> 10:59.720]  pay this guy, pay him whatever it is, just pay him, get this off, you know, off my plate
[10:59.720 --> 11:02.240]  so I don't have to deal with it.
[11:02.240 --> 11:11.320]  And with the stowers doctrine, you sue the lawyer and, you know, these lawyers for the
[11:11.320 --> 11:13.600]  insurance companies are just like you with your car.
[11:13.600 --> 11:20.160]  Let's say you're driving along and somebody swerves in front of you and slams on the brakes
[11:20.160 --> 11:23.680]  and you hit them in the rear end before you can get stopped.
[11:23.680 --> 11:26.520]  You hit them in the back, you're going to get blamed, the insurance company is going
[11:26.520 --> 11:29.920]  to pay it and you're going to have this accident on your record and you're going to be upset
[11:29.920 --> 11:31.920]  about it.
[11:31.920 --> 11:37.640]  And the insurance company is going to tell you to go scratch.
[11:37.640 --> 11:42.240]  They can adjudicate the case and they can pay these guys off if they want to and you
[11:42.240 --> 11:45.840]  don't have anything to say about it.
[11:45.840 --> 11:50.920]  So the lawyers know this.
[11:50.920 --> 11:55.800]  So you sue the lawyer and the insurance carry doesn't care if it's valid or invalid, they
[11:55.800 --> 12:01.720]  don't care, they're just gonna pay it off and the suit goes on their record.
[12:01.720 --> 12:06.680]  Stings them and you get paid for stinging them.
[12:06.680 --> 12:10.680]  So you use the stowers doctrine and go after the insurance company and once they know you
[12:10.680 --> 12:14.840]  know, they're likely just right to check.
[12:14.840 --> 12:20.720]  Well, this is why I've been looking for this discovery because they keep hiding everything.
[12:20.720 --> 12:24.640]  They don't want me to discover this, but I got that loan file and I'm going through every
[12:24.640 --> 12:26.960]  single document.
[12:26.960 --> 12:36.120]  Good, look for ways you can file suit against them and get their insurance carry to pay
[12:36.120 --> 12:37.120]  you off.
[12:37.120 --> 12:42.800]  Yeah, I have to get them to give me their insurance carry, which they won't want to
[12:42.800 --> 12:45.480]  do because they'll know what I'm going after.
[12:45.480 --> 12:52.040]  Oh, you can, once you sue them, then you get that in discovery.
[12:52.040 --> 12:57.600]  Well, remember this last case, they stopped me getting discovery because they filed that
[12:57.600 --> 13:03.160]  anti-slap motion because they say everything's barred by res judicata, because it's the same property
[13:03.160 --> 13:04.160]  and everything else.
[13:04.160 --> 13:09.840]  They'll do the same thing again and they'll file another anti-slap, which stops discovery.
[13:09.840 --> 13:11.160]  That's why they did it.
[13:11.160 --> 13:18.680]  They knew it was the only thing that would stop them, you stop me getting discovered.
[13:18.680 --> 13:19.840]  Did you fight the slaps?
[13:19.840 --> 13:22.040]  Did you lose the slap suit issue?
[13:22.040 --> 13:23.440]  I think you did, didn't you?
[13:23.440 --> 13:28.720]  Yeah, well, the judge just said everything's barred by res judicata, and everything
[13:28.720 --> 13:33.160]  else is me and the anti-slap and everything else, but she wouldn't even allow me limited
[13:33.160 --> 13:34.160]  discovery.
[13:34.160 --> 13:38.120]  Okay, are you in the process of appealing that?
[13:38.120 --> 13:47.520]  I wrote my appeal brief, I sent it in, and their response is due at the end of this month.
[13:47.520 --> 13:54.480]  Okay, never expect to win in the trial court, appellate court's where you expect to win.
[13:54.480 --> 13:58.000]  Well, I've lost it every appellate court so far because they're very biased.
[13:58.000 --> 14:04.600]  This is a huge law firm in LA, and they don't like processes in our appellate court, but they've
[14:04.600 --> 14:05.600]  got...
[14:05.600 --> 14:12.000]  Do you remember this is the appellate court where Brett saw them just rolling his eyes, twiddling
[14:12.000 --> 14:16.760]  his pen, one of them, and then they said, if you keep litigating, we're going to sanction
[14:16.760 --> 14:17.760]  you.
[14:17.760 --> 14:22.760]  All right, okay, I'll keep litigating because you can't sanction a right.
[14:22.760 --> 14:27.720]  Oh, well, I'm really scared for about one second.
[14:27.720 --> 14:33.880]  Well, have you got any to the Supreme?
[14:33.880 --> 14:36.560]  I've taken two, and they just denied to hear them.
[14:36.560 --> 14:40.560]  Okay, did you then go to the Fed?
[14:40.560 --> 14:45.040]  Yeah, I may have to do that in the next...
[14:45.040 --> 14:47.760]  That's where you're likely to beat them.
[14:47.760 --> 14:48.760]  Yeah.
[14:48.760 --> 14:54.560]  Because the Fed doesn't necessarily have a dog in their hunt.
[14:54.560 --> 15:01.440]  Well, now I've got more information.
[15:01.440 --> 15:03.560]  It's going, it's getting there.
[15:03.560 --> 15:09.360]  So, anyway, that's my information and my news for the day, and everybody in California
[15:09.360 --> 15:13.520]  go back to the state bar and refile everything again.
[15:13.520 --> 15:15.240]  Good advice.
[15:15.240 --> 15:16.240]  Yeah.
[15:16.240 --> 15:20.800]  Okay, I'll let somebody else get on the call and get some great advice, too.
[15:20.800 --> 15:22.800]  Okay, thank you, Tina.
[15:22.800 --> 15:24.120]  Okay, bye.
[15:24.120 --> 15:29.800]  Okay, now we're going to a first-time caller, appears to be a first-time caller, if you
[15:29.800 --> 15:36.640]  are in the 567 area code, give us a first name and a state.
[15:36.640 --> 15:37.640]  Okay.
[15:37.640 --> 15:40.640]  Can you hear me?
[15:40.640 --> 15:42.760]  Yes, I can hear you.
[15:42.760 --> 15:43.760]  Oh, hi.
[15:43.760 --> 15:46.760]  It's Diane from Ohio.
[15:46.760 --> 15:47.760]  Diane?
[15:47.760 --> 15:48.760]  Oh, the...
[15:48.760 --> 15:50.760]  Wait, you're not a first-time caller?
[15:50.760 --> 15:52.760]  Yeah, I am, actually.
[15:52.760 --> 15:53.760]  No, I'm...
[15:53.760 --> 15:56.160]  Oh, you're a different Diane from Ohio.
[15:56.160 --> 16:02.360]  We have a Diane from Ohio that's beating them up over open records.
[16:02.360 --> 16:03.360]  No.
[16:03.360 --> 16:04.360]  Oh, good.
[16:04.360 --> 16:05.360]  That's Daisy.
[16:05.360 --> 16:06.360]  Oh, okay.
[16:06.360 --> 16:07.360]  You might be right.
[16:07.360 --> 16:08.360]  Daisy.
[16:08.360 --> 16:09.360]  Okay.
[16:09.360 --> 16:14.360]  What do you have for us today?
[16:14.360 --> 16:15.360]  Okay.
[16:15.360 --> 16:21.360]  This is the first time I've called, and I am a new listener also and new on all the groups.
[16:21.360 --> 16:27.360]  So, I've been learning a lot, but there's a lot still to take care of.
[16:27.360 --> 16:35.360]  But, so, right now, I'm a lady, I don't know if you'd know, but I'm trying to get my mom
[16:35.360 --> 16:36.360]  out of a nursing home.
[16:36.360 --> 16:41.360]  I have a sibling's put her in there and want to know what to file to get her out.
[16:41.360 --> 16:42.360]  Okay.
[16:42.360 --> 16:43.360]  Hang on a second.
[16:43.360 --> 16:44.360]  We're about to go to our sponsors.
[16:44.360 --> 16:45.360]  Okay.
[16:45.360 --> 16:46.360]  This is Randy Kelton.
[16:46.360 --> 16:47.360]  Brett Fountain.
[16:47.360 --> 16:49.360]  Rule of Law Radio.
[16:49.360 --> 16:52.360]  We got some empty slots on the board.
[16:52.360 --> 16:55.360]  Call in number 512-646-1984.
[16:55.360 --> 17:21.360]  We'll be right back.
[21:24.360 --> 21:29.360]  Do you know why they didn't want that to happen?
[21:29.360 --> 21:30.360]  No.
[21:30.360 --> 21:32.360]  I mean, they just don't like me.
[21:32.360 --> 21:34.360]  I don't know exactly why.
[21:34.360 --> 21:44.360]  Anyway, we broke ties probably about two years ago or something, maybe three.
[21:44.360 --> 21:45.360]  Mainly different reasons.
[21:45.360 --> 21:56.360]  Nothing specific other than my sister's husband died and then my brother's wife is kind of difficult.
[21:56.360 --> 21:57.360]  I don't know.
[21:57.360 --> 21:59.360]  I don't really want to talk about all that.
[21:59.360 --> 22:06.360]  But the thing that they did is, her doctor is the medical director.
[22:06.360 --> 22:17.360]  And then that's like a conflict of interest and they took stuff out of her safe and they used the eye doctor diagnosis.
[22:17.360 --> 22:19.360]  It just looks like she doesn't need to be there.
[22:19.360 --> 22:24.360]  She's healthy and fine and they're trying to make up things to have her be there.
[22:24.360 --> 22:30.360]  And my sister lives right by there and my brother lives far away and they came up with this plan.
[22:30.360 --> 22:33.360]  And a lot of things have happened.
[22:33.360 --> 22:36.360]  I have a timeline about it.
[22:36.360 --> 22:38.360]  It's sophisticated.
[22:38.360 --> 22:41.360]  Is your mom competent?
[22:41.360 --> 22:44.360]  No, I say, yeah, totally fine.
[22:44.360 --> 22:48.360]  I've done a lot with her over the last three years.
[22:48.360 --> 22:49.360]  They're playing the game.
[22:49.360 --> 22:51.360]  Oh, at first, she's very competent.
[22:51.360 --> 22:54.360]  His free will can do whatever she wants.
[22:54.360 --> 23:02.360]  I tried to sign her out for lunch and they blocked the doors, threatened the sheriff and called my sister the gatekeeper and said,
[23:02.360 --> 23:04.360]  she'll never step out of there again.
[23:04.360 --> 23:07.360]  So it's like lies upon lies.
[23:07.360 --> 23:10.360]  I can't even, like it's fraud.
[23:10.360 --> 23:15.360]  Does your mom have a guardian ad litem?
[23:15.360 --> 23:18.360]  No, as far as I know.
[23:18.360 --> 23:25.360]  They say stuff, but they don't give me any paperwork.
[23:25.360 --> 23:26.360]  You know what I mean?
[23:26.360 --> 23:31.360]  It's so bad the situation.
[23:31.360 --> 23:38.360]  I think I called down to the court and I was asked just to try to get some information.
[23:38.360 --> 23:46.360]  If I should file my health POA and they knew who I was and said,
[23:46.360 --> 23:54.360]  they already filed for guardianship and they already got the medical evaluation and whatever else they needed.
[23:54.360 --> 23:56.360]  I said, oh, why isn't anyone telling me?
[23:56.360 --> 24:01.360]  And they said, well, you'll get some paperwork in the mail about a hearing and we recommend you come.
[24:01.360 --> 24:02.360]  And I never got anything.
[24:02.360 --> 24:04.360]  And that was weeks ago.
[24:04.360 --> 24:08.360]  I just don't, it's a county home and county.
[24:08.360 --> 24:10.360]  I don't know.
[24:10.360 --> 24:20.360]  I mean, I've, we've had the sheriff called twice once walking out.
[24:20.360 --> 24:21.360]  We just did nothing.
[24:21.360 --> 24:27.360]  They blocked the doors and the one went back to her room, hung out there, I went and brought her dinner later.
[24:27.360 --> 24:28.360]  And we just retreated.
[24:28.360 --> 24:30.360]  We should have left right then and there.
[24:30.360 --> 24:33.360]  That was our only time we maybe could have.
[24:33.360 --> 24:38.360]  Then the second time I tried, I brought in the correct paperwork I didn't have.
[24:38.360 --> 24:43.360]  It was in my mom's safe and they took her whole house, her safe, everything.
[24:43.360 --> 24:48.360]  And then I was able to track down the attorneys and get the paperwork submitted it and said,
[24:48.360 --> 24:51.360]  we'd like to get out of here, AMA.
[24:51.360 --> 24:57.360]  And then they did an ambush in my mom's room called the sheriff and escalating the situation.
[24:57.360 --> 24:59.360]  So it was like so bad.
[24:59.360 --> 25:07.360]  Just calling in my brother, calling in my sister and the social worker, other people in the hallway, kicking me out of the room.
[25:07.360 --> 25:09.360]  This is crazy.
[25:09.360 --> 25:19.360]  And then another time I tried to bring two notaries and a friend as a witness and was talking to my mom about
[25:19.360 --> 25:22.360]  an affidavit to get out and have it notarized and witnessed.
[25:22.360 --> 25:27.360]  And then they supervised visits now and they stand behind my mom.
[25:27.360 --> 25:29.360]  She doesn't know what's going on, the social worker.
[25:29.360 --> 25:32.360]  And wait a minute.
[25:32.360 --> 25:33.360]  I'm sorry.
[25:33.360 --> 25:34.360]  This is so long.
[25:34.360 --> 25:35.360]  I'm saying this.
[25:35.360 --> 25:37.360]  You're jumping over a lot of stuff.
[25:37.360 --> 25:39.360]  Supervised visits.
[25:39.360 --> 25:43.360]  How did they get supervised visits?
[25:43.360 --> 25:45.360]  Who ordered supervised visits?
[25:45.360 --> 25:47.360]  Yeah, no one.
[25:47.360 --> 25:50.360]  They're just put this power out there.
[25:50.360 --> 25:52.360]  I don't know who gives them authorization for this.
[25:52.360 --> 25:53.360]  It's them.
[25:53.360 --> 25:54.360]  They say it.
[25:54.360 --> 25:58.360]  It's mainly the head and administrator and the social worker.
[25:58.360 --> 26:03.360]  Have you considered suing the head administrator and the social worker?
[26:03.360 --> 26:05.360]  I would love to.
[26:05.360 --> 26:06.360]  Yeah.
[26:06.360 --> 26:07.360]  I haven't yet.
[26:07.360 --> 26:16.360]  That's why I'm calling because my mom's in there and I wrote a letter to write to her doctor.
[26:16.360 --> 26:22.360]  I could fax over and maybe, you know, just, I don't know.
[26:22.360 --> 26:24.360]  I just don't know how to.
[26:24.360 --> 26:25.360]  Okay.
[26:25.360 --> 26:26.360]  Question.
[26:26.360 --> 26:29.360]  Does your mom have an opinion in this?
[26:29.360 --> 26:30.360]  Yeah.
[26:30.360 --> 26:33.360]  My mom is the longer she's in here now.
[26:33.360 --> 26:36.360]  This all happened from December 13th.
[26:36.360 --> 26:39.360]  I found out on the 15th what they had done.
[26:39.360 --> 26:44.360]  I called up there and talked to the supervisor and I just said, this is a fraudulent admission.
[26:44.360 --> 26:46.360]  Wait, wait, wait.
[26:46.360 --> 26:48.360]  You didn't answer my question.
[26:48.360 --> 26:49.360]  I'm sorry.
[26:49.360 --> 26:51.360]  How does your mom feel?
[26:51.360 --> 26:58.360]  Well, my mom has stated when the 22nd that she wanted me to get her out of there.
[26:58.360 --> 26:59.360]  I have that on video.
[26:59.360 --> 27:05.360]  She wrote that they had no right to take all her things out of her house and get rid of
[27:05.360 --> 27:06.360]  it.
[27:06.360 --> 27:10.360]  And she has no ID, no mail, no phone.
[27:10.360 --> 27:17.360]  Also on New Year's Eve, that's when we walked out and signed out for lunch.
[27:17.360 --> 27:20.360]  But I missed the guy planning to leave.
[27:20.360 --> 27:21.360]  Okay.
[27:21.360 --> 27:23.360]  Has your mother been declared incompetent by any court?
[27:23.360 --> 27:32.360]  Well, the last time I was there on February 3rd of Friday, and I brought the notaries
[27:32.360 --> 27:37.360]  and stuff, it was so difficult with her supervising and overbearing and nonstop talking.
[27:37.360 --> 27:39.360]  You couldn't even have a visit with her.
[27:39.360 --> 27:40.360]  Hold on.
[27:40.360 --> 27:41.360]  Hold on.
[27:41.360 --> 27:42.360]  You're using pronouns.
[27:42.360 --> 27:43.360]  Her.
[27:43.360 --> 27:44.360]  I'm sorry.
[27:44.360 --> 27:45.360]  Supervising.
[27:45.360 --> 27:46.360]  Who does that refer to?
[27:46.360 --> 27:47.360]  That's the social worker.
[27:47.360 --> 27:53.360]  When I left on the day... Okay, hold on.
[27:53.360 --> 27:58.360]  How did the social worker get standing to interfere with your relationship with your mom?
[27:58.360 --> 28:01.360]  Well, they gave it to themselves.
[28:01.360 --> 28:02.360]  So what's...
[28:02.360 --> 28:03.360]  Okay.
[28:03.360 --> 28:07.360]  Under what authority do they give it to themselves?
[28:07.360 --> 28:08.360]  Well, exactly.
[28:08.360 --> 28:09.360]  I don't know.
[28:09.360 --> 28:12.360]  They are acting like they are the rulers of the world.
[28:12.360 --> 28:13.360]  Okay.
[28:13.360 --> 28:14.360]  I don't know.
[28:14.360 --> 28:15.360]  Okay.
[28:15.360 --> 28:16.360]  Stop.
[28:16.360 --> 28:19.360]  I'm trying to get focused here.
[28:19.360 --> 28:20.360]  Okay.
[28:20.360 --> 28:24.360]  Have you filed any action with any court?
[28:24.360 --> 28:25.360]  No.
[28:25.360 --> 28:34.680]  If your mom has expressed an opinion that this is not what she wants, and she has not been
[28:34.680 --> 28:37.360]  declared incompetent, this is kidnapping.
[28:37.360 --> 28:38.360]  Exactly.
[28:38.360 --> 28:39.360]  It is.
[28:39.360 --> 28:40.360]  Violet.
[28:40.360 --> 28:43.360]  Don't complain.
[28:43.360 --> 28:44.360]  Violet.
[28:44.360 --> 28:45.360]  Okay.
[28:45.360 --> 28:47.360]  It isn't in the court.
[28:47.360 --> 28:48.360]  Okay.
[28:48.360 --> 28:49.360]  So...
[28:49.360 --> 28:50.360]  Okay.
[28:50.360 --> 28:57.360]  You get a third party, a third uninterested party.
[28:57.360 --> 29:00.360]  You don't have a dog in this hunt.
[29:00.360 --> 29:07.360]  Preferably, you'll get an older judge who sees end of life coming at him like a freight train.
[29:07.360 --> 29:14.360]  And hopefully, he'll think there, but for the grace of God, go I.
[29:14.360 --> 29:19.360]  If your mom is not declared incompetent, she gets to make her own decisions.
[29:19.360 --> 29:21.360]  Well, I agree.
[29:21.360 --> 29:25.360]  And my mom doesn't even need to be there, in my opinion, but...
[29:25.360 --> 29:26.360]  No.
[29:26.360 --> 29:27.360]  This isn't...
[29:27.360 --> 29:29.360]  Something's not making sense here.
[29:29.360 --> 29:30.360]  I know.
[29:30.360 --> 29:32.360]  I'm 73.
[29:32.360 --> 29:37.360]  My kids cannot come and take me out of my house.
[29:37.360 --> 29:38.360]  I'm competent.
[29:38.360 --> 29:41.360]  They said something to her to get her to go.
[29:41.360 --> 29:43.360]  Somehow she's, you know...
[29:43.360 --> 29:45.360]  So, she agreed to it?
[29:45.360 --> 29:46.360]  Yeah, somehow.
[29:46.360 --> 29:50.360]  But she also changed her mind and wanted me to get her out.
[29:50.360 --> 29:55.360]  Okay, in that case, we'll pick this up on the other side, and we'll be right back.
[29:55.360 --> 30:00.360]  Okay, thank you.
[30:00.360 --> 30:05.360]  Everyone knows that walking is great exercise, but you might not know that the way you walk
[30:05.360 --> 30:08.360]  could predict how long you're going to live.
[30:08.360 --> 30:13.360]  I'm Dr. Katherine Albrecht, and I'll be back to tell you more about walking prognostication
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[33:32.360 --> 33:52.360]  Okay, we are back.
[33:52.360 --> 33:55.360]  Brett Fountain, Randy Kelton, Rule of Law Radio.
[33:55.360 --> 34:04.360]  And Diane, you mentioned they filed for guardianship.
[34:04.360 --> 34:16.360]  What is required in Ohio law before someone can be appointed a guardian?
[34:16.360 --> 34:22.360]  I don't really know.
[34:22.360 --> 34:25.360]  Have you talked to an attorney?
[34:25.360 --> 34:28.360]  I did, yeah, one day.
[34:28.360 --> 34:33.360]  What did the attorneys say?
[34:33.360 --> 34:39.360]  It was a lady, she said, that we would call a care meeting
[34:39.360 --> 34:45.360]  and get this straightened out and get your mom out that same day.
[34:45.360 --> 34:49.360]  So what happened as a result of that?
[34:49.360 --> 34:54.360]  No, my phone died and I lost her number and I have to track her down, believe it or not.
[34:54.360 --> 34:57.360]  And she also said she would send me paperwork in the mail.
[34:57.360 --> 34:59.360]  I never got anything.
[34:59.360 --> 35:00.360]  No, no, no.
[35:00.360 --> 35:03.360]  How long ago was this?
[35:03.360 --> 35:05.360]  Probably like two weeks.
[35:05.360 --> 35:07.360]  Two weeks.
[35:07.360 --> 35:10.360]  How long has your phone been dead?
[35:10.360 --> 35:13.360]  Oh, it was only dead one day, but I got it fixed.
[35:13.360 --> 35:18.360]  I mean, I got a new one.
[35:18.360 --> 35:24.360]  Excuse me if I feel uncomfortable.
[35:24.360 --> 35:25.360]  It's complicated.
[35:25.360 --> 35:29.360]  I'm feeling like you're not telling me everything.
[35:29.360 --> 35:37.360]  I mean, if you can stop me, I'll tell you what I think, but it's complicated.
[35:37.360 --> 35:42.360]  I think that they tricked my mom into agreeing to something
[35:42.360 --> 35:45.360]  and she didn't realize what it was possibly.
[35:45.360 --> 35:52.360]  Maybe they said it was a system when she lived independent and never had any kind of home care.
[35:52.360 --> 35:56.360]  She just, like, I would call her, like it was someone I would talk to on the way to work
[35:56.360 --> 36:00.360]  and on the way home every day and then do things what they're usually on the weekends.
[36:00.360 --> 36:04.360]  We would not a lot, but like go visit her, take her groceries, you know,
[36:04.360 --> 36:09.360]  and, you know, take her out to lunch and drive her around, do different things.
[36:09.360 --> 36:10.360]  Anyhow.
[36:10.360 --> 36:18.360]  Has the family made arrangements for the disposition of her property?
[36:18.360 --> 36:20.360]  Of her property?
[36:20.360 --> 36:21.360]  Yes.
[36:21.360 --> 36:23.360]  What are you saying?
[36:23.360 --> 36:29.360]  So she was living in like a rental, independent living rental place
[36:29.360 --> 36:36.360]  and they took everything out of there and I don't know where they put everything.
[36:36.360 --> 36:42.360]  And the problem was they took her face key prior and changed her mail
[36:42.360 --> 36:47.360]  and her and I kept calling and saying bring it back, what's going on, you know,
[36:47.360 --> 36:49.360]  and she would say lies and change things.
[36:49.360 --> 36:52.360]  It was like a series of events changing.
[36:52.360 --> 36:53.360]  Wait a minute.
[36:53.360 --> 36:54.360]  Something's missing here.
[36:54.360 --> 36:57.360]  If they filed for guardianship.
[36:57.360 --> 36:58.360]  Right.
[36:58.360 --> 37:05.360]  You can't just file for guardianship for someone unless they have some kind of diagnosis of incompetence.
[37:05.360 --> 37:07.360]  Well, right.
[37:07.360 --> 37:09.360]  So she's been there.
[37:09.360 --> 37:17.360]  So yeah, it's like two months or something and they are playing that game
[37:17.360 --> 37:19.360]  and now saying she's incompetent.
[37:19.360 --> 37:22.360]  So what they did is.
[37:22.360 --> 37:24.360]  Who says.
[37:24.360 --> 37:26.360]  Well, to me.
[37:26.360 --> 37:28.360]  Too many pronouns.
[37:28.360 --> 37:32.360]  Try to avoid pronouns because we don't know who these pronouns refer to.
[37:32.360 --> 37:36.360]  Was it a court that said that she's incompetent?
[37:36.360 --> 37:38.360]  Yeah, I don't believe anything.
[37:38.360 --> 37:41.360]  Any of them say they play a lot of games and lie.
[37:41.360 --> 37:45.360]  So she did say that and she said that.
[37:45.360 --> 37:50.360]  But I mean, very well, they could have another someone.
[37:50.360 --> 37:54.360]  Has she had a psyche?
[37:54.360 --> 37:57.360]  Like I said, they won't tell me anything.
[37:57.360 --> 37:59.360]  So I had that visit.
[37:59.360 --> 38:00.360]  She alluded to that.
[38:00.360 --> 38:05.360]  So I'm get and then when I called the court, they said they did have another medical evaluation.
[38:05.360 --> 38:06.360]  So I'm assuming that.
[38:06.360 --> 38:10.360]  Yeah.
[38:10.360 --> 38:11.360]  The court.
[38:11.360 --> 38:13.360]  How is the court involved?
[38:13.360 --> 38:17.360]  Well, they applied through the court for this emergency guardianship.
[38:17.360 --> 38:21.360]  I called down there just on a whim and then they told me that information.
[38:21.360 --> 38:29.360]  I was asking since there's a conflict, should I be, you know, filing my paperwork in the court
[38:29.360 --> 38:35.360]  and they just said that the guardianship is being applied for.
[38:35.360 --> 38:38.360]  And then I'll get paperwork in the mail to come to their hearing.
[38:38.360 --> 38:40.360]  Never got anything.
[38:40.360 --> 38:41.360]  So.
[38:41.360 --> 38:43.360]  Okay.
[38:43.360 --> 38:47.360]  You can't wait for them to spoon feed you.
[38:47.360 --> 38:49.360]  You need to go down to that court.
[38:49.360 --> 38:54.360]  If you have an opposition to the guardianship, you need to file it.
[38:54.360 --> 38:56.360]  File for guardianship?
[38:56.360 --> 38:57.360]  Or what?
[38:57.360 --> 39:00.360]  No, file to oppose this guardianship.
[39:00.360 --> 39:01.360]  You need to.
[39:01.360 --> 39:02.360]  You have an interest.
[39:02.360 --> 39:03.360]  You're a daughter.
[39:03.360 --> 39:04.360]  Yeah.
[39:04.360 --> 39:09.360]  You, you want to see the met the psych eval and right.
[39:09.360 --> 39:13.360]  You might want to consider getting your own psych eval.
[39:13.360 --> 39:14.360]  Exactly.
[39:14.360 --> 39:15.360]  Right.
[39:15.360 --> 39:21.360]  And a second opinion or fire her back is my idea.
[39:21.360 --> 39:23.360]  Well, you have to do something.
[39:23.360 --> 39:26.360]  If there is a court issue.
[39:26.360 --> 39:29.360]  If the court's engaged, then you have standing.
[39:29.360 --> 39:35.360]  And if they've done anything without notifying you, you can move the court to, to strike
[39:35.360 --> 39:39.360]  everything because the court lacks subject matter jurisdiction because they failed to
[39:39.360 --> 39:43.360]  include a necessary party.
[39:43.360 --> 39:48.360]  Very true.
[39:48.360 --> 39:49.360]  Absolutely.
[39:49.360 --> 39:53.360]  You really need, you really, really need to talk to this lawyer.
[39:53.360 --> 39:55.360]  You're right.
[39:55.360 --> 40:00.360]  So re-contact this lawyer.
[40:00.360 --> 40:05.360]  I know how.
[40:05.360 --> 40:12.360]  Yeah, that's the most I can tell you because you're in Ohio and this will go to strictly
[40:12.360 --> 40:13.360]  to Ohio law.
[40:13.360 --> 40:19.360]  Every state has its own laws concerning these issues.
[40:19.360 --> 40:26.360]  But there are always a lot of procedures in there to protect the, the rights of the individual.
[40:26.360 --> 40:28.360]  This is a very difficult thing.
[40:28.360 --> 40:33.360]  When someone gets older and you take the whole life away from them.
[40:33.360 --> 40:38.360]  They often have extra protections for the older people.
[40:38.360 --> 40:43.360]  They'll say that it's a crime to defraud somebody or it's a crime to do this or that.
[40:43.360 --> 40:50.360]  But then if the, the one who is the victim of that crime is a certain age, 60 year older,
[40:50.360 --> 40:58.360]  65 year older, they'll put that in the statute as being more severe of a crime.
[40:58.360 --> 41:04.360]  Well, so I take it, I take it this is not a matter of the mother's estate.
[41:04.360 --> 41:07.360]  So this is not about money.
[41:07.360 --> 41:13.360]  This is about disagreements among siblings.
[41:13.360 --> 41:15.360]  That makes it a little bit easier.
[41:15.360 --> 41:20.360]  Have you sat down with your siblings and tried to sort this out?
[41:20.360 --> 41:27.360]  No, when I, when they found out I knew I was, I received a text from my sister and it said,
[41:27.360 --> 41:32.360]  the reason why you can't know anything is because you're too unstable.
[41:32.360 --> 41:37.360]  So they use that as a, you know, a reason to do whatever they want.
[41:37.360 --> 41:43.360]  And it's been a smear campaign on me and they've even added in the home and that's been horrible.
[41:43.360 --> 41:51.360]  So they've escalated my mom and discriminated against me and created this.
[41:51.360 --> 41:54.360]  Okay, tell me what do you want to do?
[41:54.360 --> 41:56.360]  What do you want to have happen?
[41:56.360 --> 42:02.360]  I would like to get her out of there immediately and get a different doctor.
[42:02.360 --> 42:08.360]  Get, you know, just live peacefully and that's all.
[42:08.360 --> 42:12.360]  I don't really want to move over someone and get all these court ordered everything.
[42:12.360 --> 42:19.360]  I'd rather just keep what we have, you know, and I'd actually like my sister is attached to her bank account.
[42:19.360 --> 42:21.360]  I would like that to be stopped.
[42:21.360 --> 42:28.360]  And I'm just trying to fulfill my mom's bucket list to be honest and have her live healthy and socially.
[42:28.360 --> 42:34.360]  And, you know, not where she's at and doing absolutely nothing.
[42:34.360 --> 42:39.360]  Has your mom indicated that she wants you to do this?
[42:39.360 --> 42:45.360]  Yeah, I have her on video multiple times and in writing.
[42:45.360 --> 42:47.360]  Okay.
[42:47.360 --> 42:52.360]  I don't know.
[42:52.360 --> 42:58.360]  The court where the application for guardianship is being considered.
[42:58.360 --> 43:03.360]  Have you filed in opposition with that court?
[43:03.360 --> 43:06.360]  No, I need to.
[43:06.360 --> 43:09.360]  Yes, you need to.
[43:09.360 --> 43:12.360]  That's the only way you're going to change anything.
[43:12.360 --> 43:20.360]  You won't change anything, apparently talking to your siblings because there's apparently animosity there.
[43:20.360 --> 43:23.360]  So go to the court, bring your issue to the court.
[43:23.360 --> 43:31.360]  Yeah, I just tried to reach out to the doctor's office and they, I had a really nice nurse who knew my mom and she was,
[43:31.360 --> 43:39.360]  who didn't like what I was saying and called and I just turned over, please discharge, but nothing's got nowhere.
[43:39.360 --> 43:43.360]  Talk to this lawyer, see if you can get the lawyer to do it.
[43:43.360 --> 43:45.360]  Yeah, that's a good idea.
[43:45.360 --> 43:49.360]  Okay, do you have anything else for us?
[43:49.360 --> 43:52.360]  No, that's great. Thank you. Have a good night.
[43:52.360 --> 43:54.360]  Okay, thank you Diane.
[43:54.360 --> 44:10.360]  Randy Kelton, Brett Fountain, Rule of Law radio. We'll be right back.
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[46:22.360 --> 46:40.360]  OK, we are back.
[46:40.360 --> 46:47.360]  Randy Kelton, Brett Fountain, Rule of Law Radio and we're going to Nicholas in Virginia.
[46:47.360 --> 46:48.360]  Hello Nicholas.
[46:48.360 --> 46:54.360]  What do you have for us today?
[46:54.360 --> 46:56.360]  Hello speaker.
[46:56.360 --> 46:59.360]  Hey guys.
[46:59.360 --> 47:04.360]  So I called, I don't know if you remember me, but I called like maybe a week or two ago.
[47:04.360 --> 47:06.360]  Wait, wait, wait, wait, wait, wait, wait.
[47:06.360 --> 47:10.360]  You're talking way faster than I can listen.
[47:10.360 --> 47:11.360]  Sorry.
[47:11.360 --> 47:16.360]  This is radio and radio, you can't see the other person you're talking to.
[47:16.360 --> 47:22.360]  So I have to hear what you're saying formulated in my head in a sign reference to us.
[47:22.360 --> 47:26.360]  It takes just a little bit longer when you don't have visual cues.
[47:26.360 --> 47:32.360]  So when you're on radio, try to speak just slow your cadence down just a little bit.
[47:32.360 --> 47:36.360]  Alrighty, sorry about that.
[47:36.360 --> 47:43.360]  But anyway, so yeah, I called maybe two weeks ago about my Caribbean toad.
[47:43.360 --> 47:47.360]  Maybe remember, but I remember.
[47:47.360 --> 47:48.360]  Okay.
[47:48.360 --> 47:52.360]  Did you get your, did you get your car out of the pound?
[47:52.360 --> 47:57.360]  They jumped the car before I could get to it.
[47:57.360 --> 48:01.360]  How long had it been there?
[48:01.360 --> 48:04.360]  A little over a month.
[48:04.360 --> 48:12.360]  That's probably why they probably had a towing bill against it that was higher than the
[48:12.360 --> 48:14.360]  value of the vehicle.
[48:14.360 --> 48:17.360]  Who authorized the tow?
[48:17.360 --> 48:19.360]  Was this the police?
[48:19.360 --> 48:21.360]  Did the police have a toad?
[48:21.360 --> 48:26.360]  Yes, the sheriff called the tow company.
[48:26.360 --> 48:28.360]  Yeah.
[48:28.360 --> 48:33.360]  Why do you have a toad?
[48:33.360 --> 48:38.360]  Their reason was because the insurance was expired.
[48:38.360 --> 48:42.360]  And the reason I caught gave me.
[48:42.360 --> 48:44.360]  That's it?
[48:44.360 --> 48:46.360]  Yes.
[48:46.360 --> 48:48.360]  Generally, they don't tow just for insurance.
[48:48.360 --> 48:51.360]  They're just rights you ticket.
[48:51.360 --> 48:54.360]  Well.
[48:54.360 --> 48:58.360]  There was something else going on.
[48:58.360 --> 49:01.360]  Did you piss him off?
[49:01.360 --> 49:04.360]  No, well, he saw it.
[49:04.360 --> 49:07.360]  I do that all the time.
[49:07.360 --> 49:09.360]  You look for any reason they can to hammer me.
[49:09.360 --> 49:14.360]  Did you do something to get on the wrong side of this guy?
[49:14.360 --> 49:15.360]  Well, he saw.
[49:15.360 --> 49:17.360]  Now you got to understand the show you're on.
[49:17.360 --> 49:21.360]  That's not a criticism.
[49:21.360 --> 49:24.360]  Yeah, I had a bumper sticker.
[49:24.360 --> 49:31.360]  I got the body cam footage back and I heard him saying comments about my bumper stickers.
[49:31.360 --> 49:36.360]  I had a bumper sticker that said, you know, I prefer dangerous freedom.
[49:36.360 --> 49:39.360]  Dangerous freedom over peaceful slavery.
[49:39.360 --> 49:42.360]  And there was another bumper sticker that said not for hire.
[49:42.360 --> 49:47.360]  And he said, as soon as I saw these bumper stickers, I knew this guy was a.
[49:47.360 --> 49:52.360]  Oh, so you rubbed it in his face.
[49:52.360 --> 49:58.360]  So instead of him having probable cause to suspect you of a crime.
[49:58.360 --> 50:03.360]  He just picked you out and targeted you for harassment.
[50:03.360 --> 50:04.360]  How about that?
[50:04.360 --> 50:09.360]  Well, yeah, he originally saw me.
[50:09.360 --> 50:13.360]  Pull into a parking lot across the street from him.
[50:13.360 --> 50:19.360]  And he ran my tags and that's when he found out my registration was expired.
[50:19.360 --> 50:25.360]  And then once we left the mechanic shop, he followed us and pulled me over.
[50:25.360 --> 50:26.360]  So.
[50:26.360 --> 50:27.360]  Okay.
[50:27.360 --> 50:30.360]  Once he got it out of his car and approached my car.
[50:30.360 --> 50:32.360]  That's when he saw the bumper stickers.
[50:32.360 --> 50:38.360]  Well, now in Virginia is an expired registration.
[50:38.360 --> 50:46.360]  Something that every peace officer can go and arrest you for or detain you.
[50:46.360 --> 50:47.360]  I believe in Texas.
[50:47.360 --> 50:49.360]  It's not in Texas.
[50:49.360 --> 50:57.360]  Neither registration or insurance is a good enough reason to get pulled over.
[50:57.360 --> 51:05.360]  You can only pull you over for sections 541 through 600 and insurance is 601 and.
[51:05.360 --> 51:11.360]  And what they can pull you over for are almost exclusively moving violations.
[51:11.360 --> 51:14.360]  Right.
[51:14.360 --> 51:16.360]  Well, is it that way?
[51:16.360 --> 51:21.360]  Have you read the transportation code in Virginia?
[51:21.360 --> 51:26.360]  Yeah, I've looked at it and traffic and fraction are not deemed.
[51:26.360 --> 51:32.360]  Offenses, but then it says that.
[51:32.360 --> 51:35.360]  Traffic and fractions may be.
[51:35.360 --> 51:37.360]  Treated as.
[51:37.360 --> 51:42.360]  Offenses for arrest purposes.
[51:42.360 --> 51:44.360]  Wait, may be treated.
[51:44.360 --> 51:48.360]  What is the rest purpose for arrest purposes?
[51:48.360 --> 52:00.360]  It says that traffic and fractions may be treated as misdemeanors for purposes of an arrest or for arrest purposes.
[52:00.360 --> 52:03.360]  Okay, what does traffic violations mean?
[52:03.360 --> 52:05.360]  So it's in Texas.
[52:05.360 --> 52:13.360]  You can be cited for a traffic violation, but you can't be pulled over for a.
[52:13.360 --> 52:16.360]  Issue that's not a move violation.
[52:16.360 --> 52:30.360]  I'm saying that generally there may be some exceptions, but generally things like that are more administrative like safety sticker and registration and insurance.
[52:30.360 --> 52:32.360]  They can't pull you over for that reason.
[52:32.360 --> 52:41.360]  If they pull you over for a move violation and they check and they find these others, then they can cite you for it, but they can't initiate to stop for that.
[52:41.360 --> 52:44.360]  What does Virginia law say about it?
[52:44.360 --> 52:46.360]  I'm going to have to look more into that.
[52:46.360 --> 52:51.360]  I don't know if the top of my head.
[52:51.360 --> 52:53.360]  Do homework.
[52:53.360 --> 53:03.360]  Yes, that's worth looking into because then that would undermine his, his very beginning reason for even talking to you in the first place.
[53:03.360 --> 53:12.360]  You know, and then you're looking at something that's unlawful search and seizure, compelling somebody to give incriminating evidence.
[53:12.360 --> 53:15.360]  To give evidence against themselves.
[53:15.360 --> 53:19.360]  He's dealing with fruit of the poison tree.
[53:19.360 --> 53:22.360]  I guess we should ask the question.
[53:22.360 --> 53:26.360]  What do you want to do?
[53:26.360 --> 53:34.360]  Well, the first side quest I've set out to do is to try to get these citations dismissed.
[53:34.360 --> 53:45.360]  And I actually, I, I know you gave me the advice to just, you know, not file a motion to dismiss and to just go in front of the judge and say I've been damaged enough.
[53:45.360 --> 53:51.360]  You know, please throw these out because I already lost my car and you know, I've suffered enough already.
[53:51.360 --> 54:00.360]  But I really, you know, I feel like compelled to, to do I think is the right thing that, you know, I feel.
[54:00.360 --> 54:03.360]  Oh yeah, you're definitely not compelled.
[54:03.360 --> 54:05.360]  That's why I'm asking, what do you want?
[54:05.360 --> 54:07.360]  What do you want at the end of the day?
[54:07.360 --> 54:10.360]  What is your intended outcome?
[54:10.360 --> 54:16.360]  You know, I take these guys on because what I want is I want them to follow law.
[54:16.360 --> 54:18.360]  Oh yeah, I agree with that.
[54:18.360 --> 54:22.360]  But don't care what they charge me, don't care about any of that stuff.
[54:22.360 --> 54:24.360]  I want them to follow law in the letter.
[54:24.360 --> 54:25.360]  That's it.
[54:25.360 --> 54:26.360]  They follow the law in the letter.
[54:26.360 --> 54:28.360]  I'm happy.
[54:28.360 --> 54:30.360]  What do you want at the end of the day?
[54:30.360 --> 54:32.360]  Do you want to have this fight?
[54:32.360 --> 54:35.360]  Oh yeah.
[54:35.360 --> 54:41.360]  Then you need to read the transportation code at least twice.
[54:41.360 --> 54:44.360]  Read the whole thing through.
[54:44.360 --> 54:46.360]  Don't try to understand all of it.
[54:46.360 --> 54:48.360]  It's too complex and too convoluted.
[54:48.360 --> 54:50.360]  Just read the whole thing through.
[54:50.360 --> 54:59.360]  And while you're reading it through, you will be laying down what in neuro-linguistic programming we call referential index.
[54:59.360 --> 55:14.360]  The second time you read it, you'll read a section and your brain will start making connections to the front of the code, the back of the code, the middle of the code, and you'll start stitching all these pieces together.
[55:14.360 --> 55:25.360]  Once you've done that twice, now you'll have a basic, a good basic knowledge in the code or in the transportation code.
[55:25.360 --> 55:35.360]  Then you might want to read the criminal procedure code for Virginia and the penal code.
[55:35.360 --> 55:37.360]  Read them both twice.
[55:37.360 --> 55:41.360]  They're not as big as they appear because they're kind of in an outline form.
[55:41.360 --> 55:44.360]  So there's a lot of white space in there.
[55:44.360 --> 55:52.360]  And if you don't try to understand everything you read the first time, it speeds it up dramatically.
[55:52.360 --> 55:56.360]  So you just read it through the first time knowing you're going to come back and read it again.
[55:56.360 --> 56:01.360]  And the second time, you'll start putting all these pieces together.
[56:01.360 --> 56:05.360]  And they'll come together very quickly.
[56:05.360 --> 56:11.360]  Now, you won't necessarily have all of them in front of your mind.
[56:11.360 --> 56:17.360]  But if a policeman does something or says something, your brain will say, wait a minute, wait a minute.
[56:17.360 --> 56:22.360]  I read something about that, and it'll take you back to that place, and you'll start pulling out codes.
[56:22.360 --> 56:28.360]  You're listening to me on this show, and Brett, and we just pulled out these codes.
[56:28.360 --> 56:34.360]  Well, that's why we've read the codes, and then we start dealing with them and use them.
[56:34.360 --> 56:38.360]  There aren't that many that we use.
[56:38.360 --> 56:44.360]  But Brett, maybe 15, 20 codes total.
[56:44.360 --> 56:48.360]  And bodies, are you talking about individual references?
[56:48.360 --> 56:55.360]  In individual statutes that we address, we got some obscure things we come across on occasion.
[56:55.360 --> 57:02.360]  But if you listen to our show quite a bit, you'll hear us addressing the same ones over and over.
[57:02.360 --> 57:19.360]  39.03, 36.05, 36.06, 39.03 official oppression, 36.05 witness tampering, 36.06 obstruction retaliation, 20.04 kidnapping.
[57:19.360 --> 57:21.360]  There aren't that many.
[57:21.360 --> 57:28.360]  There's a whole lot of codes, but we don't get to 90% of them.
[57:28.360 --> 57:34.360]  But we need to understand how they fit together, and that's why you read it twice.
[57:34.360 --> 57:43.360]  And then you read the criminal procedure code, and it'll give you a real good idea of how things are supposed to go.
[57:43.360 --> 57:47.360]  And they'll be doing things, and you'll think, wait a minute, wait a minute.
[57:47.360 --> 57:50.360]  There's something that goes in between here.
[57:50.360 --> 58:03.360]  Once you've done that, then you come to us, I suggest that you get jurisdictionary, and go through jurisdictionary.
[58:03.360 --> 58:10.360]  Then you come to us, and we will have a whole other conversation.
[58:10.360 --> 58:18.360]  Building on those two, Brett and I have developed some methodologies for going after these guys.
[58:18.360 --> 58:23.360]  For setting them up and walking them down the garden path.
[58:23.360 --> 58:35.360]  But we can't really get to those until you have enough grounding in what the law is and how it works to understand how to manipulate the law elegantly.
[58:35.360 --> 58:46.360]  You can learn to ride a bicycle, but that doesn't mean you can do tricks on a bicycle without skating your face until you have some underlying skill.
[58:46.360 --> 58:48.360]  Hang on, Randy Kelton, Brett Fountain.
[58:48.360 --> 59:17.360]  We'll be right back.
[59:18.360 --> 59:27.360]  The Chapter by Chapter, Basic Elements of the Christian Life, clearly presents God's plan of salvation, growing in Christ, and how to build up the church.
[59:27.360 --> 59:40.360]  To order your free New Testament recovery version and Basic Elements of the Christian Life, call Bibles for America toll free at 888-551-0102.
[59:40.360 --> 59:49.360]  That's 888-551-0102, or visit us online at bfa.org.
[59:49.360 --> 01:00:16.360]  You're listening to the Logos Radio Network at LogosRadioNetwork.com.
[01:00:16.360 --> 01:00:22.360]  Privacy is under attack. When you give up data about yourself, you'll never get it back again.
[01:00:22.360 --> 01:00:27.360]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:00:27.360 --> 01:00:32.360]  So protect your rights, say no to surveillance, and keep your information to yourself.
[01:00:32.360 --> 01:00:35.360]  Privacy, it's worth hanging on to.
[01:00:35.360 --> 01:00:42.360]  This public service announcement is brought to you by StartPage.com, the private search engine alternative to Google, Yahoo, and Bing.
[01:00:42.360 --> 01:00:45.360]  Start over with StartPage.
[01:00:45.360 --> 01:00:48.360]  Imagine your mom and dad are getting ready for bed.
[01:00:48.360 --> 01:00:51.360]  They pull back the covers and find a third party there.
[01:00:51.360 --> 01:00:54.360]  He announces, I'm with the military and I'm sleeping here tonight.
[01:00:54.360 --> 01:01:00.360]  That shocking image of a third party in my parents' bed reminds me what the Third Amendment was designed to prevent.
[01:01:00.360 --> 01:01:06.360]  It protects us from being forced to share our homes with soldiers, a common demand in the days of our founding fathers.
[01:01:06.360 --> 01:01:09.360]  Third party? Third amendment? Get it?
[01:01:09.360 --> 01:01:17.360]  So if you answer a knock at your door and guys and fatigues demand lodging, tell them to dust off their copy of the Bill of Rights and reread the Third Amendment.
[01:01:17.360 --> 01:01:21.360]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:01:31.360 --> 01:01:35.360]  The Bill of Rights contains the first ten amendments of our Constitution.
[01:01:35.360 --> 01:01:40.360]  They guarantee the specific freedoms Americans should know and protect. Our liberty depends on it.
[01:01:40.360 --> 01:02:06.360]  I'm Dr. Catherine Albrecht and I'll be right back with an unforgettable way to remember one of your constitutional rights.
[01:02:10.360 --> 01:02:15.360]  I'm Dr. Catherine Albrecht.
[01:02:40.360 --> 01:02:47.360]  If government employees demand a peep at your privates without probable cause, I say it's time to sound the constitutional alarm bells.
[01:02:47.360 --> 01:02:54.360]  Join me in asking our representatives to dust off the Bill of Rights and use their googly eyes to take a gander at the fourth.
[01:02:54.360 --> 01:03:11.360]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:03:24.360 --> 01:03:29.360]  I'm Dr. Catherine Albrecht.
[01:04:48.360 --> 01:04:54.360]  Randy Kelton. I'm Brad Fountain and this is the 10th of March 2023.
[01:04:54.360 --> 01:05:01.360]  Of course Randy tried to tell me that this is January 20. I don't know why he would do such a thing.
[01:05:01.360 --> 01:05:10.360]  But we're talking here with Nicholas in Virginia. Alright there you go you're unmuted Nicholas.
[01:05:10.360 --> 01:05:20.360]  And right before the sponsors we were talking about your issue there was having your car towed and junked
[01:05:20.360 --> 01:05:29.360]  and we were trying to get to the bottom of what Virginia says about whether or not a cop can use his suspicion
[01:05:29.360 --> 01:05:38.360]  that your registration is out as a reason to pull you over in the first place.
[01:05:38.360 --> 01:05:40.360]  Yep yep.
[01:05:40.360 --> 01:05:48.360]  In Virginia can a policeman run your plate without cause?
[01:05:48.360 --> 01:05:57.360]  I asked someone who asked their father who used to be a cop and they said that the cops are trained to do that.
[01:05:57.360 --> 01:06:07.360]  Of course that wasn't confirmed in the code but they said the cops are trained to be allowed to do that.
[01:06:07.360 --> 01:06:13.360]  Well if you ask a cop whether he's allowed to do it they do it all the time so their answer is going to be yes.
[01:06:13.360 --> 01:06:17.360]  Oh yes we're allowed to. Oh okay well in that case.
[01:06:17.360 --> 01:06:27.360]  No go take a look what does your constitution say is allowed. Do you the people have a right to be secure in your person,
[01:06:27.360 --> 01:06:30.360]  your papers and your effects yes or no?
[01:06:30.360 --> 01:06:48.360]  And is running the plate is that go to your security I mean I'm sorry it used to be that a policeman could not run a background criminal history
[01:06:48.360 --> 01:06:52.360]  without showing probable cause.
[01:06:52.360 --> 01:06:59.360]  Does running your plates go to criminal history?
[01:06:59.360 --> 01:07:08.360]  Well as contrasted with simply looking up an ID in a database of a registration that belongs to them
[01:07:08.360 --> 01:07:15.360]  and they have an agreement in place for doing that for the licensed businesses that are operators.
[01:07:15.360 --> 01:07:24.360]  Like the NCIC criminal history you can't get in there unless you have probable cause even if you are a policeman.
[01:07:24.360 --> 01:07:32.360]  So where does that stop?
[01:07:32.360 --> 01:07:41.360]  There's been a lot of in the patriot area there's been a lot of complaining about that saying if you don't have any probable cause
[01:07:41.360 --> 01:07:53.360]  you have no standing to run a check on me and that somehow doesn't seem right.
[01:07:53.360 --> 01:08:00.360]  I've got to look it up Nicholas to find out what it is in Virginia what's the answer to that question one way or the other
[01:08:00.360 --> 01:08:10.360]  it's got to be answered in Virginia code you got to go look it up and see what does Virginia code say about that.
[01:08:10.360 --> 01:08:16.360]  Where would that be criminal procedure?
[01:08:16.360 --> 01:08:24.360]  Yeah we're trying to ask questions that you at this point don't know how to answer.
[01:08:24.360 --> 01:08:32.360]  So we're probably a little too far ahead you really need to read these codes first.
[01:08:32.360 --> 01:08:40.360]  Once you've read these codes these this is not something that's going to be in the codes directly.
[01:08:40.360 --> 01:08:48.360]  Searching for what Brett suggested a while ago and it was hard to find something specific that just came out and said that you know
[01:08:48.360 --> 01:08:55.360]  officer allowed to run your information at all times or anything like that.
[01:08:55.360 --> 01:09:07.360]  Okay you mean like was it did we talk about the you're looking for a parallel to the Texas Transportation Code 543.001?
[01:09:07.360 --> 01:09:10.360]  Is that what you were looking for?
[01:09:10.360 --> 01:09:22.360]  Okay yeah that's the one where it says that any peace officer that finds that sees somebody doing a violation of quote this subtitle
[01:09:22.360 --> 01:09:28.360]  and so then that's where they get that that's the moving violations thing we were talking about earlier.
[01:09:28.360 --> 01:09:39.360]  So yeah if you can find something like that in whatever the code is called in Virginia I don't know let me see.
[01:09:39.360 --> 01:09:45.360]  Hold on Brett you need to give a little more background on what you're talking to.
[01:09:45.360 --> 01:09:51.360]  We have section A we have section B and we have section C.
[01:09:51.360 --> 01:10:02.360]  And the statute that authorizes a peace officer to make a stop under the transportation code is in section C and it only
[01:10:02.360 --> 01:10:11.360]  authorizes him to make a traffic stop for issues under section C.
[01:10:11.360 --> 01:10:21.360]  So where is a officer in Virginia authorized to make a stop based on the transportation code?
[01:10:21.360 --> 01:10:23.360]  Can he stop you for anything?
[01:10:23.360 --> 01:10:28.360]  Or like Texas can he only stop you for a moving violation?
[01:10:28.360 --> 01:10:32.360]  Does that make sense?
[01:10:32.360 --> 01:10:49.360]  I know that Virginia code says that for traffic infractions I know it's I think 19.2-81 arrests without warrant authorized in certain cases.
[01:10:49.360 --> 01:10:52.360]  No no no that's not where we're going.
[01:10:52.360 --> 01:11:05.360]  We're going to initial contact to a Terry stop or here we're actually not even getting to a Terry stop.
[01:11:05.360 --> 01:11:10.360]  He's running a check essentially on your criminal history.
[01:11:10.360 --> 01:11:14.360]  No Brett that's not really criminal history.
[01:11:14.360 --> 01:11:19.360]  That's actually goes into all kinds of records when he pulls that up.
[01:11:19.360 --> 01:11:31.360]  Finding out if you have current registration or insurance that sounds more like public information.
[01:11:31.360 --> 01:11:45.360]  If he were to stop right there, if he were to only run the plate itself and get an ID back that says hey this was last registered on such and
[01:11:45.360 --> 01:11:49.360]  such a date or it expired on such and such.
[01:11:49.360 --> 01:11:56.360]  If that's all he got then I would say that that could be considered public.
[01:11:56.360 --> 01:11:59.360]  He doesn't get only that information.
[01:11:59.360 --> 01:12:02.360]  He gets pages and pages of deep dive.
[01:12:02.360 --> 01:12:14.360]  I'm a policeman and I'm about to pull this vehicle over and something about the state of the vehicle gives me pause for concern.
[01:12:14.360 --> 01:12:27.360]  And I run the plate and I find this plate is not in my database as current and I don't show that the automobile registered to this plate has insurance on it.
[01:12:27.360 --> 01:12:30.360]  I'm going to pull this guy over.
[01:12:30.360 --> 01:12:32.360]  What else do I need to know?
[01:12:32.360 --> 01:12:43.360]  I was watching some YouTube videos the other day about police stops and this this woman sees a car parked in an empty parking in an empty lot.
[01:12:43.360 --> 01:12:49.360]  That wasn't there was a private lot and apparently there had been problems with people parking in before.
[01:12:49.360 --> 01:12:58.360]  So she went up and talked to this guy and they yaked back and forth and it was real pleasant and she's standing back by the doorpost.
[01:12:58.360 --> 01:13:06.360]  And in all of these they were trained not to step in front of that to stay back just slightly behind the person.
[01:13:06.360 --> 01:13:17.360]  And they're talking back and forth and she asked him if he had license and proof of insurance and he turned to them reached in the passenger seat and spun around with a shotgun right in her face.
[01:13:17.360 --> 01:13:22.360]  She barely dove out of the way in time before he fired at her.
[01:13:22.360 --> 01:13:26.360]  Just out of the clear blue.
[01:13:26.360 --> 01:13:41.360]  So I'm a policeman. Should I be able to to run some kind of check before I walk up to that potential issue to have some kind of idea who I'm dealing with.
[01:13:41.360 --> 01:13:49.360]  Or am I invading if he does it to me and I'm a good guy and I'm not going to do anything to him is invading my privacy.
[01:13:49.360 --> 01:13:57.360]  Where do we Draw the line there?
[01:13:57.360 --> 01:14:04.360]  You know in watching you should watch some of those sometimes and see what police have to deal with.
[01:14:04.360 --> 01:14:11.360]  Now granted those kinds of occurrences are extremely rare.
[01:14:11.360 --> 01:14:22.360]  I had a friend who was a policeman for 20 years and he said he never once had to pull his weapon on anyone in 20 years as a policeman.
[01:14:22.360 --> 01:14:26.360]  But he was a policeman 40 years ago.
[01:14:26.360 --> 01:14:32.360]  Now they pull their pistol on someone every day.
[01:14:32.360 --> 01:14:39.360]  And they have the police absolutely terrified.
[01:14:39.360 --> 01:14:49.360]  They think every one of us out there is a heinous murderer and every traffic stop they make their likely to die.
[01:14:49.360 --> 01:14:55.360]  This is a mess. How do we fix it? How much do we allow the officer to get.
[01:14:55.360 --> 01:14:58.360]  For his own protection.
[01:14:58.360 --> 01:15:03.360]  Is that even a valid concern?
[01:15:03.360 --> 01:15:09.360]  Yeah I don't think you can take rights away just because of what might happen.
[01:15:09.360 --> 01:15:17.360]  I agree. Do we give them leeway or do we leave them on their own.
[01:15:17.360 --> 01:15:21.360]  There's a cop that did the pulling over.
[01:15:21.360 --> 01:15:29.360]  If you're the cop that did this pulling over you better have a good reason to start with instead of stopping somebody and then kind of going looking for a reason.
[01:15:29.360 --> 01:15:37.360]  Yeah and then you know in a in a country of 320 million people.
[01:15:37.360 --> 01:15:44.360]  If a policeman somewhere in wind blown Alaska gets shot.
[01:15:44.360 --> 01:15:50.360]  Should policemen be allowed all over the country to pull their pistols on ordinary citizens?
[01:15:50.360 --> 01:15:54.360]  Is that reasonable?
[01:15:54.360 --> 01:15:59.360]  And how many I'm looking at these videos.
[01:15:59.360 --> 01:16:05.360]  And just like the videos I get of cops doing really stupid stuff.
[01:16:05.360 --> 01:16:07.360]  The.
[01:16:07.360 --> 01:16:13.360]  Every time they do something really stupid to tend to wind up on YouTube.
[01:16:13.360 --> 01:16:22.360]  And every year this we get this in front of us all the time and we get the idea this is a common occurrence.
[01:16:22.360 --> 01:16:27.360]  And I guess it kind of is isn't it Brett?
[01:16:27.360 --> 01:16:29.360]  Unfortunately.
[01:16:29.360 --> 01:16:31.360]  Yeah it's because I've had.
[01:16:31.360 --> 01:16:33.360]  Glocks put to my head.
[01:16:33.360 --> 01:16:38.360]  Yeah I've had more guns pointed at me.
[01:16:38.360 --> 01:16:43.360]  In this country by my police but I had pointed at me in combat.
[01:16:43.360 --> 01:16:45.360]  That's a shame.
[01:16:45.360 --> 01:16:47.360]  That's a shame.
[01:16:47.360 --> 01:16:53.360]  And point in the pistol at me is a really really big deal.
[01:16:53.360 --> 01:16:57.360]  Because I have been on the sharp end and I've seen what they do.
[01:16:57.360 --> 01:16:59.360]  Hang on when to kill me.
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[01:18:48.360 --> 01:18:49.360]  Can I use my Amazon pride?
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[01:18:50.360 --> 01:18:51.360]  Then yes.
[01:18:51.360 --> 01:18:52.360]  Wow.
[01:18:52.360 --> 01:18:54.360]  Giving without doing anything or spending any money.
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[01:18:55.360 --> 01:18:56.360]  Thank you so much.
[01:18:56.360 --> 01:18:57.360]  You're welcome.
[01:18:57.360 --> 01:18:58.360]  Happy Holidays Logos.
[01:19:48.920 --> 01:20:17.880]  Okay, we are back.
[01:20:17.880 --> 01:20:22.560]  Hi, I'm Randy Kelton, Brett Fountain, Rule of Law Radio, and Brett on the break, you were
[01:20:22.560 --> 01:20:26.960]  talking about one of the Virginia Codes and how it applied.
[01:20:26.960 --> 01:20:28.520]  Will you go back to that?
[01:20:28.520 --> 01:20:34.400]  Yeah, I'm not really sure yet how it applies, but I just went and looked at, it looks like
[01:20:34.400 --> 01:20:42.560]  in Virginia, they call this the Code of Virginia, and Nicholas, you were talking about a section
[01:20:42.560 --> 01:20:52.000]  19.2-81, and that looks like it's a good place to start looking.
[01:20:52.000 --> 01:20:57.400]  You mentioned, hang on a second, let me make sure you're unmuted.
[01:20:57.400 --> 01:21:10.080]  Okay, so I'm looking at 19, section 19.2-81, and it says here in, let's see, subsection
[01:21:10.080 --> 01:21:19.680]  19, looks like, see, at the very top it says, the following officers shall have the powers
[01:21:19.680 --> 01:21:25.920]  of arrest as provided in this section, so that's section 19, and then it goes down
[01:21:25.920 --> 01:21:32.520]  through and starts mentioning some different ones, and we've got-
[01:21:32.520 --> 01:21:40.600]  It's like receives a call, or is responding to a call.
[01:21:40.600 --> 01:21:45.800]  No, well it says if he has probable cause to suspect, and the only thing I see in here
[01:21:45.800 --> 01:21:54.080]  about vehicles, there's an A-8 that speaks to full-time sworn members of the Enforcement
[01:21:54.080 --> 01:22:03.560]  Division of the Department of Motor Vehicles appointed pursuant to section 46.2-217.
[01:22:03.560 --> 01:22:11.280]  So that looks to me like state trooper level people, and it looks like their issues that
[01:22:11.280 --> 01:22:17.080]  they deal with have to do with dyed diesel fuel and violations of tax requirements and
[01:22:17.080 --> 01:22:21.920]  vehicle size limits and weighing stations and so forth.
[01:22:21.920 --> 01:22:28.840]  So then let's go back over here to section 19.2-81 and continue down and look for anything
[01:22:28.840 --> 01:22:36.040]  else that has to do with vehicles, and the only things I'm finding are scene of an accident
[01:22:36.040 --> 01:22:43.200]  involving motor vehicle or watercraft or motorboat at a hospital or medical facility.
[01:22:43.200 --> 01:22:47.520]  This is very limited arrest authority here.
[01:22:47.520 --> 01:22:54.720]  Yeah, and it's like if he's being drunk and- Who is this arrest authority for?
[01:22:54.720 --> 01:22:59.520]  Yeah, it says- Is this general peace officers?
[01:22:59.520 --> 01:23:06.160]  No, it just says the following officers shall have the powers of arrest.
[01:23:06.160 --> 01:23:12.000]  So we've got members of the State Police Force of the Commonwealth.
[01:23:12.000 --> 01:23:17.200]  We've got sheriffs of the various counties and cities and their deputies.
[01:23:17.200 --> 01:23:23.720]  Members of any county police force or duly constituted police force of any city or town
[01:23:23.720 --> 01:23:25.480]  of the Commonwealth.
[01:23:25.480 --> 01:23:30.760]  So that's pretty much covering all the normal ones right there.
[01:23:30.760 --> 01:23:38.280]  But their powers of arrest are, as it says at the top, they are as provided in this section,
[01:23:38.280 --> 01:23:47.040]  which when you look at powers and duties in 19.2-18, it says they shall have every conservator
[01:23:47.040 --> 01:23:53.160]  of the peace, shall have authority to arrest without a warrant in such instances as are
[01:23:53.160 --> 01:23:59.440]  set out in 19.2-19 and 19.2-81.
[01:23:59.440 --> 01:24:01.160]  So we were just looking at 81.
[01:24:01.160 --> 01:24:05.680]  It has nothing that had even similar to this.
[01:24:05.680 --> 01:24:13.240]  So check this out though, and 18.2-19, check that out real quickly.
[01:24:13.240 --> 01:24:14.240]  Other way around.
[01:24:14.240 --> 01:24:20.960]  It says that for the purposes of arrest, they can treat traffic infractions as misdemeanors
[01:24:20.960 --> 01:24:22.680]  for the purposes of arrest.
[01:24:22.680 --> 01:24:30.040]  Oh wait, hold on, they, because I thought I heard earlier, Brett, you mentioned that
[01:24:30.040 --> 01:24:38.720]  there were certain things only the Highway Patrol could do.
[01:24:38.720 --> 01:24:44.040]  I got the impression there was the separation in Virginia, like there is in Texas, where
[01:24:44.040 --> 01:24:51.400]  the Highway Patrol were the traffic cops, and all of the rest of them were peace officers.
[01:24:51.400 --> 01:24:53.200]  Did I get that right?
[01:24:53.200 --> 01:24:55.680]  I didn't see that separation yet.
[01:24:55.680 --> 01:25:02.600]  It looks to me like they're saying that all of these people have powers of arrest as provided
[01:25:02.600 --> 01:25:09.120]  in this section, which in this section, the only thing that they have powers of arrest
[01:25:09.120 --> 01:25:21.600]  to do is these in -81, which we were just reading, and the -19, which is, if any
[01:25:21.600 --> 01:25:26.240]  person threatens to kill or injure another, or to commit violence or injury against his
[01:25:26.240 --> 01:25:34.240]  person or property, or to unlawfully trespass upon his property, that's pretty strong.
[01:25:34.240 --> 01:25:39.760]  It's kind of like in Texas, where it says anybody can do an arrest, and it's felony
[01:25:39.760 --> 01:25:42.960]  stuff that even a citizen can arrest.
[01:25:42.960 --> 01:25:46.680]  You have the right to protect your person and your property.
[01:25:46.680 --> 01:25:48.240]  You have the right to use force.
[01:25:48.240 --> 01:25:50.680]  You have the right to use deadly force.
[01:25:50.680 --> 01:25:56.960]  And you have the right to protect the person or property of another, as if it were your
[01:25:56.960 --> 01:25:59.960]  own.
[01:25:59.960 --> 01:26:04.600]  That's Texas Good Spirit Law.
[01:26:04.600 --> 01:26:11.200]  But this was talking to peace officers, and I thought I heard a reading in there where
[01:26:11.200 --> 01:26:18.400]  it referenced the state police.
[01:26:18.400 --> 01:26:24.800]  It seemed to reference them in terms of transportation code.
[01:26:24.800 --> 01:26:29.360]  It didn't tie them to transportation code, but it looked like that's what's going to
[01:26:29.360 --> 01:26:36.080]  be because it says that the full-time sworn members of the Enforcement Division of the
[01:26:36.080 --> 01:26:44.720]  Department of Motor Vehicles appointed pursuant to section 46.2-217.
[01:26:44.720 --> 01:26:52.920]  And that's the one that was just all about, you know, waystations and tax requirements
[01:26:52.920 --> 01:26:56.080]  and size limits and dyed diesel fuel and all of that.
[01:26:56.080 --> 01:26:59.320]  That's what we would say is probably 644.
[01:26:59.320 --> 01:27:05.160]  And in Texas that would be, yeah, 644 DOT inspections and such.
[01:27:05.160 --> 01:27:06.160]  Not traffic.
[01:27:06.160 --> 01:27:07.160]  Exactly.
[01:27:07.160 --> 01:27:10.680]  It says nothing about traffic.
[01:27:10.680 --> 01:27:17.200]  So Nicholas, you mentioned over in section 18.
[01:27:17.200 --> 01:27:20.200]  So that would be crimes, actual crimes, right?
[01:27:20.200 --> 01:27:22.560]  So let's see.
[01:27:22.560 --> 01:27:27.240]  It's 46.2-937.
[01:27:27.240 --> 01:27:30.560]  Traffic infractions treated as misdemeanors for arrest purposes.
[01:27:30.560 --> 01:27:39.440]  That still means they're supposed to follow, since the misdemeanor is like a criminal offense,
[01:27:39.440 --> 01:27:40.440]  right?
[01:27:40.440 --> 01:27:47.920]  They're still supposed to be following like proper criminal procedure, you know, beforehand,
[01:27:47.920 --> 01:27:48.920]  right?
[01:27:48.920 --> 01:27:49.920]  Of course.
[01:27:49.920 --> 01:27:50.920]  They would have to.
[01:27:50.920 --> 01:27:55.920]  If you treat it like a crime, then that means you would be able to go over to section 19
[01:27:55.920 --> 01:28:01.040]  and everything that's in the, because section 18, just for everybody that is not looking
[01:28:01.040 --> 01:28:06.920]  at this in front of you, like we are right now, section 18 defines crimes and section
[01:28:06.920 --> 01:28:10.240]  19 defines criminal procedure.
[01:28:10.240 --> 01:28:16.200]  Those are kind of common numbers to see for these things if you look in different states.
[01:28:16.200 --> 01:28:18.840]  It's kind of common to find 18 and 19 like that.
[01:28:18.840 --> 01:28:26.200]  But anyway, what he's referencing there is that they would have to follow all the rules
[01:28:26.200 --> 01:28:29.760]  that go to criminal procedure, and that's absolutely true.
[01:28:29.760 --> 01:28:36.200]  Now, what's this one that you just mentioned, Nicholas, that was 46.2?
[01:28:36.200 --> 01:28:37.200]  What?
[01:28:37.200 --> 01:28:38.200]  -937.
[01:28:38.200 --> 01:28:39.200]  937.
[01:28:39.200 --> 01:28:40.200]  Okay.
[01:28:40.200 --> 01:28:50.360]  Traffic infractions treated as misdemeanors for arrest purposes.
[01:28:50.360 --> 01:28:54.520]  For purposes of arrest, traffic infractions shall be treated as misdemeanors.
[01:28:54.520 --> 01:28:59.280]  Well, that's kind of interesting because nobody can just, none of those people were
[01:28:59.280 --> 01:29:02.960]  given any authority to arrest for misdemeanors.
[01:29:02.960 --> 01:29:12.000]  It was only for they caught you in a motorboat or a motor vehicle driving while intoxicated
[01:29:12.000 --> 01:29:18.600]  or you have threatened to injure or kill somebody or they're damaged their property.
[01:29:18.600 --> 01:29:26.720]  We're likely to have in their penal code section an authorization for peace officers
[01:29:26.720 --> 01:29:30.040]  to arrest for a misdemeanor or a felony.
[01:29:30.040 --> 01:29:31.680]  Yeah, that is likely.
[01:29:31.680 --> 01:29:39.200]  So that would cover, in this case, that would mean any police officer can enforce the transportation
[01:29:39.200 --> 01:29:40.400]  code.
[01:29:40.400 --> 01:29:46.520]  We're not finding a separation.
[01:29:46.520 --> 01:29:50.560]  Not yet anyway.
[01:29:50.560 --> 01:29:53.760]  Okay, that was interesting.
[01:29:53.760 --> 01:29:58.240]  Hang on, go into our sponsors, we'll be right back.
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[01:33:51.120 --> 01:33:56.200]  Okay We are back, Randy Kelton, Brett Fountain Rule of Law Radio and over the break, Brett
[01:33:56.200 --> 01:33:59.000]  and I were talking about click and clack the Tappet brothers.
[01:33:59.000 --> 01:34:02.760]  If anybody remembers those, they'll recognize this term.
[01:34:02.760 --> 01:34:06.380]  We're about to dump the chump, Nicolas?
[01:34:06.380 --> 01:34:07.400]  Yeah.
[01:34:07.400 --> 01:34:13.580]  Do some reading and call us back.
[01:34:13.580 --> 01:34:17.720]  We've got two segments and Hannah's been waiting a long time.
[01:34:17.720 --> 01:34:19.340]  She's been patient.
[01:34:19.340 --> 01:34:20.340]  All right.
[01:34:20.340 --> 01:34:30.980]  going to dump the chump. Okay. Thank you, Nicholas. Okay, now we're going to Hannah in Washington.
[01:34:30.980 --> 01:34:39.460]  Hello, Hannah. What do you have for us today? Hello. Can you hear me? Okay.
[01:34:41.780 --> 01:34:48.340]  Wait, say that again? Can you hear me? Okay. No, no, I can't hear you.
[01:34:48.340 --> 01:34:55.780]  Yeah. Brett does that to me just to confuse me. Are you on a Bluetooth or earbuds?
[01:34:57.460 --> 01:35:02.980]  One step ahead of you. I already turned it off. Good, good, good, good. Okay. Still a little
[01:35:02.980 --> 01:35:07.060]  muffled, but it may just be the phone. Okay. What do you have for us?
[01:35:07.060 --> 01:35:12.740]  Or you might still have those things, the hearing aids in wife mode. Oh, that's right.
[01:35:12.740 --> 01:35:19.620]  You shouldn't say that loud. My wife gets really excited. Did you hear me?
[01:35:20.500 --> 01:35:24.820]  No, dear. I'm sorry. I had these on wife mode. I'll give you wife mode.
[01:35:28.420 --> 01:35:36.660]  On mute mode. Women, they just don't get a guy humor. You know, my wife, we've been married 50
[01:35:36.660 --> 01:35:43.460]  years now. She got mad at me on our wedding night because I read the Bible to her. Can you believe
[01:35:43.460 --> 01:35:53.860]  that? Well, I did read that part that said women's desire shall be unto her husband and
[01:35:54.660 --> 01:36:01.540]  he shall have dominion over thee. Well, that didn't go too good. And then the part about a woman's
[01:36:01.540 --> 01:36:10.260]  to keep her head covered and her mouth shut. That really didn't go over well. I wonder why I don't
[01:36:10.260 --> 01:36:17.300]  understand. Women just don't understand us poor, misunderstood guys. Okay. What do you have for
[01:36:17.300 --> 01:36:30.180]  us, Hannah? So I was involved in a unlawful detainer eviction and how long ago?
[01:36:30.180 --> 01:36:35.060]  October of last year.
[01:36:38.420 --> 01:36:43.700]  Okay. Was it based on a foreclosure or rental or something else?
[01:36:45.620 --> 01:36:56.180]  Something else. It's actually a very unorthodox, complicated eviction that was not followed to
[01:36:56.180 --> 01:37:05.220]  the letter of the law at all. It was based off no color of title.
[01:37:07.460 --> 01:37:14.340]  I couldn't understand that. Say that again? She said no color of title.
[01:37:14.340 --> 01:37:26.660]  That's a little too general color of title in whose behalf. Who didn't have color of title?
[01:37:28.340 --> 01:37:38.580]  The allegation is that I didn't and I was residing without permission of the owner.
[01:37:38.580 --> 01:37:56.020]  Okay. Yeah, which is not true at all. But was this property you had rented or leased or taken
[01:37:56.020 --> 01:38:05.780]  by adverse possession? It falls under adverse possession in a way or remaining occupants.
[01:38:05.780 --> 01:38:15.620]  My fiance and I were unpaid in-home caregivers. The lady we care-gived for,
[01:38:16.500 --> 01:38:27.140]  she was the tenant of 10 plus years and she passed. We were for seven months before she passed
[01:38:27.940 --> 01:38:29.780]  living in the home with her.
[01:38:29.780 --> 01:38:39.460]  When she passed and her lease or rental agreement terminated,
[01:38:40.420 --> 01:38:46.820]  you had zero standing and you can't claim adverse possession. The only time you can
[01:38:46.820 --> 01:38:54.580]  claim adverse possession is when you occupy the property without the permission of the owner.
[01:38:54.580 --> 01:39:03.380]  In this case, since you were caregivers for his renter, you were allowed to occupy the apartment
[01:39:04.180 --> 01:39:10.500]  with his permission. From that perspective, you can never take by adverse possession.
[01:39:12.340 --> 01:39:20.740]  You were not the renter. You were just occupying the place and you would have no standing under
[01:39:20.740 --> 01:39:32.980]  law, as far as I know. Okay. Now, even when I had permission from the owner and was actually
[01:39:32.980 --> 01:39:45.300]  doing upkeep on the house and with interest of taking over the lease or starting a new
[01:39:45.300 --> 01:39:54.500]  rental agreement. Did you have a contract with the owner
[01:39:56.820 --> 01:40:03.780]  wherein if you performed a certain way, then he agreed to rent the property to you?
[01:40:03.780 --> 01:40:18.420]  No. I was just in the beginning of essentially writing a contract, but it was an oral. I have
[01:40:18.420 --> 01:40:31.860]  documented evidence of us having permission to be there and to do work improvements on the house
[01:40:31.860 --> 01:40:42.100]  and that we wanted to remain there and enter a rental agreement with him. We actually filled
[01:40:42.100 --> 01:40:56.100]  out rental applications to stay there. Well, how was he bound to engage in the contract? Was
[01:40:56.100 --> 01:41:11.140]  there some stipulation? No. Again, it wasn't ever written. The fact that it wasn't written is not
[01:41:11.140 --> 01:41:21.220]  necessarily controlling. If you could show that you had a meeting of minds wherein he agreed
[01:41:21.220 --> 01:41:29.300]  to rent the property to you if you met certain conditions, then you performed on those conditions.
[01:41:30.180 --> 01:41:36.900]  You might have a claim against him for breach of contract, but without a written agreement.
[01:41:38.660 --> 01:41:44.900]  And that would also depend on the property laws in Washington state.
[01:41:44.900 --> 01:41:50.500]  But it doesn't sound like you have standing.
[01:41:56.740 --> 01:41:57.060]  Okay.
[01:41:59.540 --> 01:42:05.380]  Yeah, I'm looking for a way to get you standing and so far I haven't heard anything that would
[01:42:05.380 --> 01:42:14.980]  get me there. So after filling the rental applications out, because again, there was an oral
[01:42:14.980 --> 01:42:25.300]  meeting of the mind form, what you just stated. There wasn't a condition that put us above the
[01:42:25.300 --> 01:42:41.940]  average person, but he didn't follow protocol for sending in that application.
[01:42:43.700 --> 01:42:49.140]  Well, is there anything in Washington law that requires him to?
[01:42:49.140 --> 01:43:00.980]  Yeah. Washington is a very blue state. So there's likely to be more controls than there are in red
[01:43:00.980 --> 01:43:11.940]  states. So in Washington, does a landowner have discretion as to who he rents to so long as he
[01:43:11.940 --> 01:43:23.780]  doesn't make a decision based on race, creed or religion or other issues that are specifically
[01:43:23.780 --> 01:43:32.820]  constitutionally forbidden? Sorry, yeah. So all that and finance or credit reports,
[01:43:32.820 --> 01:43:45.460]  they are not allowed to deny based off your income or based off your credit report.
[01:43:46.500 --> 01:43:53.860]  Okay, we need to talk about that. That doesn't sound right somehow. Hang on. I'll address this on
[01:43:53.860 --> 01:43:59.060]  the other side. Randy Kelton, Brett Fountain, rule of law radio. We'll be right back.
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[01:46:57.780 --> 01:47:16.580]  Okay, we are back. Randy Kelton, Brett Fountain,
[01:47:16.580 --> 01:47:23.860]  rule of law radio and we're talking to Hannah in Washington. Hannah, we talked about this over
[01:47:23.860 --> 01:47:33.140]  the break. The only thing that might give you a tiny little toenail hold was an agreement that
[01:47:33.140 --> 01:47:41.540]  you could live there if you repaired the apartment, but just a general agreement that you could live
[01:47:41.540 --> 01:47:50.660]  there with no specific timeframe and that you repair the apartment without any specifics of
[01:47:50.660 --> 01:47:58.500]  the repairs that were to be done is going to be far too general to construe as a contractual agreement.
[01:48:00.020 --> 01:48:08.260]  What else have you got? So then there was a contractual agreement to be compensated
[01:48:08.260 --> 01:48:20.180]  for repainting the entire inside of the house. Did you set a specific price and who was to buy the
[01:48:20.180 --> 01:48:28.820]  paint and supplies and was that all specified? You would supply the paint and supplies, which he
[01:48:28.820 --> 01:48:43.860]  did and after partial painting, he gave us a little bit of cash and we still finished the job,
[01:48:44.980 --> 01:48:53.700]  but he never paid us. Yeah, but how much would the rent have been on the property
[01:48:53.700 --> 01:49:03.780]  that you were occupying? How much rent would have? Yeah, relative to the amount he owed.
[01:49:04.420 --> 01:49:16.580]  Would any of that been offset by the occupation of the property? Yes, the work we did would have
[01:49:16.580 --> 01:49:31.700]  bought at least two months, three months in rent, which we discussed doing that.
[01:49:33.220 --> 01:49:37.780]  Okay. Did he file a legal action for unlawful detainer?
[01:49:37.780 --> 01:49:53.220]  Yes, but he named us as Jane Doe and John Doe and in his complaint for unlawful detainer,
[01:49:53.220 --> 01:50:07.460]  everything is a lie that I can back and he's not asking for any rent due.
[01:50:09.460 --> 01:50:12.740]  Okay. How did he get to the point of unlawful detainer?
[01:50:12.740 --> 01:50:23.540]  By serving us a three-day notice to quit for no color of title,
[01:50:25.380 --> 01:50:29.940]  which is without permission of the owner and without permission.
[01:50:29.940 --> 01:50:35.060]  Okay. Did he subsequently, did you vacate in three days?
[01:50:35.060 --> 01:50:46.260]  No, and that was in July that he had notices left on the door.
[01:50:46.260 --> 01:50:49.940]  Okay. Hold on. Hold on. Next question.
[01:50:51.300 --> 01:50:57.300]  Did he file a unlawful detainer action in the justice court?
[01:50:57.300 --> 01:51:05.940]  In the proper superior court of the county, yes, but not October.
[01:51:05.940 --> 01:51:10.660]  Okay. Whichever court is appropriate for that in Washington.
[01:51:12.180 --> 01:51:13.780]  Okay. Were you summoned to the hearing?
[01:51:15.540 --> 01:51:18.100]  We were not given notice of the hearing.
[01:51:18.100 --> 01:51:30.660]  Did you file a, okay, after the hearing I take it, he got a order to vacate?
[01:51:33.220 --> 01:51:38.580]  On he got a default judgment and then a writ of restitution.
[01:51:38.580 --> 01:51:48.580]  Did you file a motion for rehearing for lack of proper notice with the court?
[01:51:49.380 --> 01:51:56.020]  Yeah. Default judgment is only good if the person had an opportunity to answer and didn't answer.
[01:51:57.460 --> 01:52:06.500]  Correct. And the default judgment was for no monies, the amount.
[01:52:06.500 --> 01:52:12.580]  Yeah. So Randy's asking, did you go back to the court with a motion to rehear?
[01:52:13.540 --> 01:52:18.020]  So then you would have a chance to adjudicate that properly?
[01:52:19.300 --> 01:52:28.180]  Yeah. I had a motion for revision based off all those points and it was denied.
[01:52:31.060 --> 01:52:33.060]  Did you appeal, give notice of appeal?
[01:52:33.060 --> 01:52:50.100]  No. The next appeal for that would be out of, that's exhausting that court.
[01:52:50.100 --> 01:53:07.860]  Wait, do I say that again? To then appeal the, my appeal, that step takes it out of that court.
[01:53:07.860 --> 01:53:16.900]  I exhausted all my allotted appeals for that court that makes.
[01:53:16.900 --> 01:53:26.660]  Okay. And I think the proper legal term for this is you're screwed. You're out of legal issues.
[01:53:26.660 --> 01:53:50.740]  Okay. There were countless actions that were done by the landlord after he was commencing this
[01:53:50.740 --> 01:54:01.940]  or before he filed for a detainer that he could be charged criminally. Is there
[01:54:03.780 --> 01:54:12.980]  remedy with or an option for going after that part of it?
[01:54:13.700 --> 01:54:17.620]  You can always file criminally, but that won't help you get back into property.
[01:54:17.620 --> 01:54:34.020]  Okay. So what if the notice that was sent for us to vacate did not meet any of the requirements?
[01:54:34.020 --> 01:54:42.180]  It was actually blank. Well, all it has to say is you just noticed a vacate must vacate within
[01:54:42.180 --> 01:54:48.980]  three days. Generally, that's what it is. Whatever it may be. Doesn't there have to be a proof of
[01:54:48.980 --> 01:55:01.140]  service by the declarant or? Not on the document itself. He would need to file a proof of service
[01:55:01.140 --> 01:55:15.300]  with the court. Okay. But you wouldn't have to give it to you. Okay. Then is it also to my
[01:55:15.300 --> 01:55:24.500]  understanding, if there's a three-day notice to vacate after three days, that is when
[01:55:24.500 --> 01:55:35.300]  the next step must be taken. Otherwise, that notice time. After the three-day notice,
[01:55:35.300 --> 01:55:44.260]  he can come in and evict you at will. That was the last step that had to be taken.
[01:55:44.260 --> 01:55:52.740]  Okay. Even though there was in place all these
[01:55:55.060 --> 01:56:01.780]  eviction moratoriums and to where the court, they weren't
[01:56:03.700 --> 01:56:08.900]  granted that. That's something that would have had to have been addressed on the appeal
[01:56:08.900 --> 01:56:17.780]  or in the trial court. Okay. So after the notice,
[01:56:21.220 --> 01:56:30.180]  you can then three months later start detainer action? Yeah. Yeah. He can do it anytime he wants to.
[01:56:32.580 --> 01:56:34.420]  He could wait six months if he wanted to.
[01:56:34.420 --> 01:56:48.260]  Okay. And in the complaint that was filed along with the eviction
[01:56:49.060 --> 01:56:56.980]  summons, every point on the complaint is not true.
[01:56:56.980 --> 01:57:04.020]  Well, if it was adjudicated in the court to be true, it may as well be true because
[01:57:05.380 --> 01:57:11.700]  the constable or whoever would do an eviction would have to depend on
[01:57:12.500 --> 01:57:16.180]  what was adjudicated as true. They couldn't question it.
[01:57:16.180 --> 01:57:26.740]  But that I wasn't given notice of the hearing to be able to go in.
[01:57:28.580 --> 01:57:37.460]  Well, that would have required a motion for re-hearing for lack of proper service.
[01:57:37.460 --> 01:57:48.340]  Did you file something like that? Yeah. And his lawyer in his response to my revision,
[01:57:49.220 --> 01:57:55.220]  he said in fact, there was no hearing because the defendants had defaulted
[01:57:55.860 --> 01:58:03.060]  and failed to answer the complaint and defendants were not entitled to a hearing as such.
[01:58:03.060 --> 01:58:07.060]  And if you didn't respond to the complaint, he was right.
[01:58:08.340 --> 01:58:14.980]  But it was an unfiled complaint when it was served on the premise. It wasn't filed in court.
[01:58:18.580 --> 01:58:23.540]  Okay. There is something I'm definitely missing, but I am aware out of time.
[01:58:24.580 --> 01:58:31.620]  This is Randy Kelton, Brett Fountain, Rule of Law Radio. We will be back next week at our regular time,
[01:58:31.620 --> 01:58:38.740]  eight o'clock Thursday and eight o'clock Friday at two hours show Thursday, four hour show Friday.
[01:58:39.620 --> 01:58:46.500]  Thank you all for listening and we will see you all next week. Good night. No, no, no. We'll hear
[01:58:46.500 --> 01:58:55.140]  you all next week. Good night. Bibles for America is offering absolutely free, a unique study Bible
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