Documente Academic
Documente Profesional
Documente Cultură
COURTROOM
TECHNIQUES
FOR THE
NON.LAI'I|YER
USING THE CORRECT TERMS IN TRAFFIG COURT
3 (oR ANOTHER "COURT") CAN G|VE YOU
.THE ADVANTAGE
STOPPED BY COPS
FOR NO APPARENT
REASON?
lf you were walking down the street or traveling in your car and were stopped by a cop,
when vou drd nd'ns sav? Askins the risht
T:*H$,:::lirffi:i:,r#::11:y::
' .-i
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,3
The people who have put together this book are not lauyers nor legal
courselors Noffringherein is to be considered 'legal advice'. There are
absolutely no guarantees that the techniques in this book will ensure
courtroorn/legal decisions in yogr favor or wilt stop any furtlrer
harassment and questioning by cops Thorouglr study and lmowledge of
the law is necessary for that Still, there are no guarantees. Matty
3 people -including cops- qlho work within "the system" are totally
unfamiliar/ignorant of the laws.
The retailerlof this book is solely responsible for the success or failure
presented herein You are admonished to diligently further your
studies of the public record and supporting case law.
TABLE OF CONTENTS
INTRODUCTION Page t
COPSTOPSCENARIO Page 23
This book is a compilation of several brief couftroom strategies. Most of them are
regarding traffic violations Some of them are vely similar, however, tltey were
gatSered together finm several different sources. Should you find yourself in cout!
you might say
iou night find them useful Also included is a brief section on what
should you be stopped by a pubttc serrnurt{s) (cop) whlle walHng dorvn the street'
riding in the car, etc.
Regarding the coulhoom techniques in the following Pages, agairU be informed that
some of them are similar and/or repetitious The purpose, though, is to familiarize
yourself with the "language" that is used in coutt
There ts some law in the tcchniques and eramples that follow, however, should you
have to go to cour! YOU rvlll have to tind and apply the appropriate law(s) that
pertain to your particular situation Ifs not as hard as you may think
These "techniques" aren't written in stone. You can put them in your own words,
howwer, you must lsrow what you're talking about and
lansuase.
Do the necessaty studying to (or try to) ensure that everything works in your favor.
If you find younself in court io" *rr"tt iog other than a traffic violation, this booh will
provide a little information regarding the process/procedure(s) you should follow.
Seek-out, read, study and RETAIN ONLY WIIAT IS NECESSARY. Define and
fanritiarize yourself with terms you don't understand. Ask questions and check the
dictionary often -use more than one if you qaIL Find the correct books and don't
forget to use the gtossary and inder ln the back of them for addltional help. Go to the
UooU stores and brry what you need or visit the library and do your studying ttere -
make coples of what You need.
If applicablg find out how to and then put together the necessary paperwork Ask
more questions and get some help from those howledgeable. Being aler{ careful
prepared can be an asset..
-and
If you declde all of this is too much (it really isn't), enlist the help/advice from those
familiar with the process of legal proceedings - just be prepared to fairly compensate
them - this IS worlc
Wlth serloug dedlcated study, lt atl falls tnto lts proper place. Just keep lt up and be
diligent You CAIrI win
HERE'S A SMALL LIST OF BOOKS YOU MAY FIND USEFUL
a lawdic'tionary
Blacks Law Dietionary - 6th Edition
McKinnep Rules of CourUState & Federal
Penal Law - Criminal Procedure Law
Drafiing Legal tlocuments
Federal Rules of Civil Procedures
Unlform Commerclal Cotle
Citizens Justice Manual
The "HorY To" of Crlminal Law
A Gomprehensive Guide to Consumer Gomplaints & Small Claims Court Agtions
Municipal Tort Action - Who To Sue & What To Do
Preparing Legal Documents
There are a host of other books not llsted here that you'll find useful...checlc the book
stores and don't forget to make use of the public law library...make copies of the pages you
need.
)
( pges 3 - 8 are blcen firon the book fitled rRedalnlng your Sovertlgn Cttlzensblpn)
'3 Be prepared. Thds &e Boy Scouts' marthlng song If you are compelled to appear ln courl for a
faffic or parktng tckf, or fon a dvll or crlmlnal r'lohflon, or to challenge the constlhrflonallty of a
stafuh,tfstmportanttobedlprepar,edbeforefadngaJudgeoraJury. Onemustunderstandcourt
prredrne,ryllthwttctldsdfcdmfts courtac-hnlly ls operatlng (notrvtatfreytellyou),
lndemnhcaflon (protcdngyouself), maklng a pha Gu|lty or not gullty), pleading (affErmtive
dcfenso), and dtL"lrrhb. Once yor have ovtdenoe of yolr clffzenshlp, and underfind &e ntles of
ftelr gamg thert's ltHe ftc colrrt rrn do to wln fre case or harm you- Alrearly the cards are well
fid<ed h lhe couf s frc, bocaure only an ellte, setrrt ctub of attorneysrJudges and buneaucrats
I'lealredn tolLe people' the
rmderstandlhe ruhs of the ganc. But nowtratftls rrttal hformaton has
soverelgn Pmr stnrctuo wlll efiher have to *art phyhg falr (rehtch has been a long t'lme coming)
or blabnilU abrogate the Am.elcan law ln brmd dt$ghr
Yon must lcarn hcvr le propcrfy fle papers 'nltt tte Court derk (delhrerlng prwfs d
selvlce/dettvery! TYhencrer h doubt ask quesfions (ilttcy are stubbom or hesltanttell tfrem
nI
FILE ON DEMAND!i). Ilo not be lntlnldated by derks, the;r are your agents. Kecp an original and
nalre sw€ral ophs. One copy goes to cach opposlng party. In cfirll cases ttey can be malled and a
proof of cerde by t'sll ffiuded tn tre flIlng On crimlnal cases, a oop)r ls dropped ofr at tre ctty
ffirneyts offie) Also yu can takg a 'Notlce of Indemnfficatlon" with you beforc you pnesent your
case h count Indemnhcdon ls a bond that you demand tfie court post on your behaff at least frve
days beforc your urt eppearane. If &e admlnlstzttve trlbunal attompts to vlolde your cfull or
constlhrffoml rlgbts, wMcr a rwerelgn (stre) cttizm or U5. cttlzen, you'll have a rocourse fon
collcctlng damages and ompensafon
INDEMNIF"I - to bsurqr to cecru.e agalnst any loss or danage that may oocur in the frrture
You must have a cloar STATEMENT prcpared BEFORE you go to coru't Crcate your stat€ment
from your declaratlon of clfrzenshlp retalntng frIl power of at'tornqr, wltt tte general detalls of your
case. Send any otrer perfinent affidavtts that mtght help youi case. Keep a few aces ln your hat lf you
need ttem. Don"t hy dl your cards on the table outfront You wlll want to put in wltlng your
RESERVATION Of'RIGHTS under the COMMON LAW pursuantto UCC 1-207 and UCC l-103.6.
You mtght atso onslder brlngtng your m llcensed court recorder (there ls no rccorder ln a traffic
oour$, ffyou're conered (and you ougbt to be) that tte court records mtght be perJured altertd or
dlsmlssed by tre ourt If you're serlousf clallenging your haffic ttckst, then request inmediately of
tte court d€rklH lte epperanoe be aqheduled for a iloourt of recordrr instead of a baffic cour{-
You have frr more opffons and pmr h court as a swerelgp (stafr) cltlzen or " sulJurlsn frceperson
-to
redatn yolr rlgbfis lhan you do as a U.S. cltlzen qfuo has alrtbdy watved, elected away yorrr
constlhrdonal protccdons and nvoluteered'r lnto oontracts lhat bind you to the statutory law. Your
ablltty to defend yon rigb eraporates qulcttly ln a statutory jurlsdlstion You can only wln on a
proedural technlcaltty. Beontng a swerelgn (state) cltlzen is lmpor0nt befolt you hve your day ln
court to wercome lte prcsunptlons tbatyou are a US. clfizen and have lndeed entered lnto
cont:acts rvlfrr fte gwcrnment
STEP3: APPEARANCT
!9hen conpellcd to matrc an nappearancer before the court you arie submlttlng to theJurlsdiction
and authorltyof the ornt unlers you askfor a nJurlsdlcdonal hearlng" or make a "spedal
appearanca' f,lnd drtwHJurlsdtcflon the court has and how lt applles to you (e.g clt5r excluslve,
genera! ortglml, terrttorb[ federal, c'tvll or crtntnat). Peak lnto the courtroom prlor to your
appearance If you see an admiralty flag (gold frlnged American flag), you can assume ft's an
cqufty/aedralty JurltdLtron
COMPIII SORY APPEARAI{CE - requirc{ 3smlng ln ourt of a plalntffi or defendant etther by
hlns[f (pp se) or through an attomey; ar appearanoe lnvolves a nvohmta4rr submisslon to the
Jurlsdlcdon of tte courf; ompulsory rneans compelled by tte servloe of prrocess (you get a nodcg
surnmong subpcna' or a date noted on tte trafilc ttcket); &ls can be stopped by flllng for a 'spedal
appearance'
SPECIAL APPEARANCE - for lhe aole pu4rore of quecdoolng tteJurlcdlctlon end eutborify of lte
court over tte ddendan$ ttey cannot prmeed until jurisdicfion is established; the burden of prmf is
on the outt best done on paper and f,led wlth the court clerlc; done stmultaneously wlth ryvoklng
thelr npowr of attonrey'r; NBI/ER MOVE TIIE COURT or requestthe courtto do anythtng
['One you c]allengeJurtsdlcdon tn a crlnlnal case, the couts hrye the burden of prmL anrl they
are rcqulred to backthelrJurlsdlcdonal clalm by showlng you perdnent statutory charges.'l -5 USC
ss6(o
There are speciflc rules and court procedures ttat must be followed. You're better ofrto slt mute
l' rn e'flher to agroe unwttfrngtt or knowlngly vtolate court prucedures" Standlng ln court lmplles
your consutto be tded under slatutoty hw. Do not stand h court unfil &e ourt has ansrered your
rcquest regardlng tts Jurtsdlcdon Jurlsdlcdon must be squarely ciallenged. Fallure to deny ls an
admlsslon of gufit (28 USC 8(O. Hlrlng or retainlng an attorney lmplles onsent to be tded under tte
statutory law of that courf, and waMngyour consfthrtlonat rlghts to representyourseff. You'lr
agroohg to become a rward of lte oourtrtr subJect to tte nrlos and proedur.es knm onty to tte State
BarAssodaflon, and subJecttolheJurlsdtctlon of the courL Remember an attorney's flrst duty ls to
&e courts and to tre npubllc,rr notto lhe climt
COURT: When asked by a government official what you meant when you wrote
"without prejudicer by your "namer'' you say:
yOU: your honog, hy use of "without prejudicen UCC 1-207 with my signature on this
document indj-cates that I have exercised the rernedy provided for in the UCC in Book 1,
at section 2o7, whereby I may resexve my cornmon 1aw right not to be cornpelled to
perform under any contract or agreement that I have not entered into knowingly,
voluntarily and intentionally, and that reservation serves as notice upon al}
adninistrative agencies of government, fdderal, state and locaI' that I do not and
will not accept the liability associated with the compelled benefit of any unrevealed
corunercial agreement.
Once you make a plea, yourre under their jurisiliction. Entering a "guilty" or .not
guilty" plea in a civil matter is adsritting to the existence of the unpaid biIl.
you are not refusing to enter a plea, but merely wishing to understand the basis of
the charge (itebt) befoie pleading, which is why you are insisting on a Presentment
under UCC 3-505 "without dishonor". Tell the judge, on the record, that you reguire
such presentment to dletsmine your p1ea.
COSRT: The judge will read you the charges anil penalties involved. Theyrll ask if
you unilerstariil. You say:
yOU: I understand what you have said and the penalty involved. I understand the
words you have used andl the meaning of those words. But I ilo not understand how
the subject matter or the penalty can possibly apply to me-
3 COIJRT: The juclge will ask you to plea (guilty/not guilty). Do not pJ-ea. Once you
p}ea, or the court pleas for you, then jurisdiction is assumed. this is where
you--dhallenge the courtrs jurisdiction. vou say!-
YOU: Your honor, I cannot enter a plea as I desire to challenge the jurisdiction
of this court and am now asking this court to set a jurisctictional hearing. Until
jurisdiction is proven, once challenged. no plea can be accepted.
CoURT: If the juclge enters a plea you must object...
yOU: I object to the court entering a plea because I desire to challenge the
jurisdiction of the court and untiL jurisdiction is proven, once chall-enged, no pleas
c-an be accepted. The court is not permitted to accept a plea until jurisdiction is
settled.
COIIRT: If the judge denies motion to disrniss
yOU: I object. the court has done nothing on the record to prove an.a an. court
has jurisdiction.
COIIRT: Judge may say' the statute says...blah, blah, yadda, yadda,...you object again
yOU: I object. I have not filed any arguments no! made any legal arguments. I have
merely made a motion and that is why I want the hearing so we can settle this issue
of jurisdiction. Then I can file my formal rnotion. AlI I have done is challenge the
jurisdiction. Now that I know the charges, I arn asking the court to set a hearing,
plain & simple, set a date and we will have the jurisdictional hearing. If juris-
aicfiOn is proven, then I will go on and plea.
COIIRT: As a last resort, if the judge persists and assigns a plea then say:
'.'4,t YoU: t object. If this court proceeds with entering a plea on ny behalf without
first establishing jurisdiction for the record, then this court is doing so und.er
a hidden, statutory jurisdiction with an unrevealed contract known only to the
secret society of the state bar association...
rF THIS DOESNIT GET TEE CASE DISMISSED, TEEN DEMAND A WRIT OF ''MANDAI!IAS'', VUHICII
IS A REQI'EST TO HAVE TFE CASE REVIEWED BY A SUPERIOR COT'RT.
STEP 5: TruSDICTIONAL HEARING
tr'lle your statement wtth tre court prlor to tre hearing Then prepare for an interestlng exchange
betrreenyourrelf and &e magistrate orjudge-
YOU: Your honor, I hrvesome quesfons oncernlng the nafure of the actlon that I don't understand.
(6th Amendmen$ Is lhe acflon agalnst me dvtl or crlnlnal?
YOU: Your honor, tte Cmstltrfron authorLed two crlnlnalJurlsdlctlons for the court One of these
ls commm !rry. But rmder lhe oommon kw, lbere must be a Coraus Delecfl or damaged party before
fre ourt "rn r€gnb enyJurkdtcdon Thls cannot be a qlmDon lawac{lon because ftere ls no
sworn complalntfrom a danaged party. Therefore, thls court does not bave a rrlnlnatJurlsdiction
rmder common law. $fteJudge replles futfrls ls a common law court then denand a "Blll of
Patdcularn. The ong other crlnlnalJurlsdlcdon authorlzed for the court ls tre brecch of an
lnbrnadonal nartsme bontract undcr tts crlmtnd aspects of an admlraltyJurlsdlcflon I'm not
ayaneofhavlngwercntemedanymarlfmecontradsrsoldenylhatanyedsl Canyoutellmec/hat
Jutsdtdlon the court ls ererdslng ln the ac{lon against me?
COIIRT:
,TheJudgp
Bay reply Ifs a statrtoryJurlsdlc-tlon (rcmember sfatutor5166iory1.
YOU: Your honor, Irve m;ver heard of tMJurtsdlction and the Constltutlon doesn't mention any
suetrJurlsdlcdon lVhere can I obtah &e publlshed ruIes for the crlmlnal procedure for slatulory
Jurlsdtction? (there arurteny, of couree)
COURT: TheJudge might be mad or upsct and rcfuse to practce lawfrcm the bench or give advlce
YOU: Lettte record showttattte courts have authorltr to conduc{ a criminal actlon under a secret
jurisdiction tfif is knwn onlytothe ourts and licensed at-torneys thereby di-nying the defendant the
rtght to ddend ln hls own person I am appeallng the legal determtnatlon made by thls court that ft
can conducf crlmlnal actlon under a statrtoryJurtsdlcflon, and ln my app€al, I am namlng yoq your
honor, as wltness ln my favor, and I'll lssue a ndp oena brcq teaun, in wtich you wlll be requircd to
brlng a copy of tre rules of crlmlnal proceedlngs ln a statutoryJurlsdlctlon when you enter the
appeals courl And I anr subpenaing tte prosecuting attorney as my wlhess to the fact that the
Judge sald--blab, blah
STEP6:ATTiKIvTA-TNTEDETENSE
If you fdl fnto aJutsdtcdonal tap, tten you must prepare an ilafiirrnatlvG defense" on your behalf.
Prcpare yourseff More the court by RESERVING YOUR RIGIIIS under the COIIIMON LAW
pursuantto UCC l-207 and UCC 1-103.6. Develop a strategr utllidng tte REMEDIES and
RECOURSE avallable lntteUCC (Unform Commerclal Code bmk). You havette rightto
rrdls@vet1,n to find orrt from fte prosccutor vhlch stature you're being tried under, and to see
wldence of the presentm€[t, wlhout dlshonor pursuant to
ucc3505.
DISCOVERY - modenl prttrlal proedure for getting infor-mation held by the adverse party; you
hve the rtght to dlsoveiy
If lhe state ls brlngfng forth the c.harges tben demand that te stafc tafie tte wttness stand and
produe fte vlcdm. Asndlng to the Common law wrft of habeas corpus, lf trere ls no vlcdr4 therc
ls no crlmc- A legat fi.ftor cannot bo lqfurod or vlc'llmlzed. You can atways plcad ttc 6th
Amendment ftat you do mt understand the nature of ffrc charges and must be aware of what law you
are allegedly breaklng They cannot proceed ila defendant admtttedty does not undersland tte
charges You can also demand a 'lury of 5rour peersrfl for any ofiense over $20 (?ft Amendmen! US.
Conslltudon) You must ovemlde fte governnenfs presumpflons tbatyou ane rraeeptngn and bave
roatved aty benctltg prMleges or securttles ftom the government
JURISDICTION TREE
PART I
Constitutionali/Statutory Juri sdi ction
The supreme court is created by Constitution
A11 other (ninor) courts are created by Statute.
All judges take an oath to uphold BOTE United States & al1 other Constitutions
Subject Matter Juriscliction
Criminal matters cannot be prosecuted in civil courts
Civil suits cannot proceed in a crirninal court
IN REM
Jurisdiction over a TEING. Contract jurisdiction
In PersonErm
$lhen you appear GENERAILY, you are agreeing to appear in the court
I{hen you appear SPECIALLY, you are NOT agreeing to appear in the court
PART II
Colunon Law Jurisdliction'
There must be a conplaint by an injured party (Corpus Delecti)
Civil Law Jurisdiction - I'NDER CONERACT - WITH CONSENT
Eguity -- Must have CLEAN EANDS. Court of Specific Performance. Must be able to effec
a remedy.
REITIEDY:a rnethod/strategy of voiding 1aw
RBCOIIRSE: provides for danages as a result of injury
Law Merchant, Natural Law (Comsron Lard) & U.C.C. all have remedy & recourse
Aduriralty Maritime Code - Keelhauling is a CRIMINAL penalty for sailors who refused to
obey an order that uright cause the ship to sink
Fanily Court is an Equity Court - a Civil T,aw Court - A Court of Specific Performance.
A11 Civil La$r Courts are ADMINISTRATIVE; they are NOT Article III Courts. They do NOT
operate under Constitution. Article I, Section l0 - IJNLII'{ITED RIGHT TO CONTRACT.
- The Terms of the Contract-- so long as they are lawful - supersedes ttre Constitution
AS IONG AS THE CONTRACT WAS NOT FRAUD.
PART TII
Crininal complaints must be by Indictment by a Grand Jury.
Informations are written statements rnade by Public Prosecutors in lieu of Indictment.
Must have the consent of the accused.
Prosecuting Attorney - a,ludicial officer - with allegiance to the Court-
Public Prosecutor - an Executive Officer - Appointed by the Executive Branch of
Governrnent
COLIR_TROOM T E CHN r QrrB
Before tre end of the day, lterc arc some lssues you want to get on the record:
1. Wbat gave fte court auhorlty{urlsdlction over you:
- a) Obltgc - eomoone obllgated under conbact @lacke Law Dtct)
- b) I demand presmtuentof thefoundafoml lnstmnen{ wtth my authorfued signaturs, giv€n
wlllfrrlly, voluntarlly and htenfionally, fhatetrecftvety connects meto the forum.
-knowlngb',
-u.cc!505.
2, \tere you aware of the fast ftat the State was a party to your marriage onhad? What ras the
conslderaflon? TVlthout conslderadon, the contract ls NOT enforceable ln a Court of Law.
-$tate's
l/)
ASSRTIOf, OF RTGMS
all judges must take an Oath to uphold the united States Constitution as the
Supreme Law. I accept your offer and will holdl you PERSONAILY to the contract.
THIS COURT MUST TAKE JUDTCIAI NOTICE OF TEE CONSTITUTIONS OF THE UNITED STATES
AND OF YOT'R PRIVATE AND PERSONAI CONTRACT WITH ME.
2. I am not an attorney, and DEI{AND the Court conduct its business in English,
according to Websterrs Dictionary. Any attempt to deceive me by using a foreign
language, such as Blacks or Bouviers l,aw Dictionary, must be stopped - the
reason for attenrpting fraud, deception, subterfuge and evasj.on explained, and
the English definition supplied. The Court may have to supply me with an
interpreter - not for lega1 advise but only for the purpose of translation to
uncover the fraud, deception, subterfuge and evasion.
3. Since I am not a lawyer, inexperiencedl with the law, I DEMAND wide latitude.
I SIIALL NoT be held to the same rhigh standard' as a professional attorney.
4. f assert all of ury rights under the Lord, as codified in the ltagna Carta,
charta DeForesta, Declaration of Indlependence, constitutions of
Conrnon Law and the bnited Nations Declaration of Human Rights, adopted by the
united States in 1948. More inportantly, I further remind this Court of all of
the liuritations imposed upon lJovernment run anrok through the Constitution and
the Amenilments - especially the 9th and 10th. -, any and all
5. I reserve and preserve all of my rights under Maritime Law. I deny
presunptibns or infringements to my detriment, incl-uding the acceptance of the
Compelled Benefit leading to the Implied Contract, that would tend to hinder ny
position under lard. I further DEMAND the Court inform me of any/all instances of
SfLENT JUDICIAL NOTICET so that f can respond if I find that it is to my detriment,
6. To sunmarize, ALL rights dernanded , all infringements denied.
7. As the Supreme Law-giver in this Court, the judge, through the above contract,
must supply me with any and all law (or case law) which supports my position,
should it be required.
8: As the Suprene l,aw-giver j-n this Court, tlie judge, through the above contract,
must stop any attempts to deceive me, and supply any and all law (or case law)
which opposes the attempted deception.
9. I deny all use of Judicial Discretion, until and unl-ess the Court has exhausted
Finding of Fact and Ruling of Law.
10. Decisions made by this court must be accompanied by Finding of Fact and Rul-ing
of taw upon which they were made.
Il. I have already stated[y lack of knowledge in Law, but I will have the transcri-pts
of this court reviewed to make sure that all of my rights and protections were
preserved
-Three additional traffrc-
,3 couRTRooM TECTTMQUES
For the puraoses of taffic dckets, rvherc no one pas ldured, you would slp your neme AF'TER you
reserved your rtghts by etfter*rftrng rr\illthout PrcJudle U.CC. t-207n or using lhe stamp under
your slgnature (thls ls fte besf,way of dolng tf, howerer, an5rwtere on tre same dcrrmentthat
contalns your slgnatue wltl do). One of two thlngs wtlt happen rvhen you put thls on your xtickctrr .
1) tte officer wllt recognlze ftat you are a Common Law Cttlzen and the Vehide Codes do not apply to
you, or 2) he won't underrtand wtat you are dolng and wlll glve you the ticket anywey (probably a
rookle). DO NoT ARGITE TIIE AMOLNT 04 OR Tm TICKET, USE TIIE REMEDY
PROVIDED IN U.C.C. 1-207. Wb.t you are dolng ls rcservlng your rlght not to be compelled to
perform tmder auy contrectftatyou dld not en&r lnlo knowlngp, voluntarlly and lntendonalty.
Furthermom, you do not aept lho lLbltlty of tte empellod beuerfit of any unrwealed contract or
agreement (See U.CC l-207.4 at end)
The Code does not appS to you. You know tha6 he may not AII he ls dolng ls hls Job, as was taught
to hhn After you bave.us€d the remedy and stgne4 tryou gef fte 'rfckrfil anyway, donrt panlc,
stmply watt unflI you get home and then wrtte on the tlckef Thls presentment ls hercby dlshonored
under the Unffom Commenlal Code (or see sec !505). Under your slgatury put Vtthout
PreJudice U.CC 1-207', photocopy ft and send ln the origlnal You should recelve a letter from the
court statlng thatyour case ls rdlsmlssedn. If not and your ourt date anives, ltwould be a good
ldeab commltthefollowlngb memory as bestasyou car.
MaIc surc you request a court rtcorder. You need a ourt tanscript to appea[ and statements are
notaopealable. questlons are. The foltowtng should help ln court The entlre ourtroom rnay be told
ffttey wtsh to see a Judge to reschedule wlth the clerk and may be rescheduled wtttout gotng b the
courtroom ttsetr Make sure there ls a court rccorder. The 'Judgerr ln traffic court ls a magishats,
not a'rJudge[, and fftrere is not a court recorder, ft's not a legal court of law. DO NOT, under any
circr'rmstances, plead gullty, not gullty, innocen( etc., as you will have given themJurisdiction over
you and you wlll lose.
So, nowyou have a real Judgg a court rtcorder, you're neady. The tirst thlng that happens is the
clerk rcads fte charges, tren the frrn starts. DO NOT GO IN ACTING LIKE A KNOW-IT-ALL!!!
JIIDGE: Do you understand the charges? (tlinckley rcver stmd trlal for shmtlng the prestdent
because he dldnt undersbnd the charges).
YOU: Nq your Honor, I do not @e as plesant as posslble)
JIIDGE: Whrt doyou noen, you donit underctend tto chlrger? Vehicle Code such and rucb reyr
yru dld so and ro.
YOU: Oh, ffs nottte lefter of the clarge, ft's theNATURE OF TItrS ACTION ftat I cannot
understand. Noq your Honor, lhe 6th Amendment to lhe Constitutlon-gives me the right to ask this
courttte natrre of ttls acfion against me and upon my reques( ft becomes the duty of the crourtto tell
me &e nature of &ls actlon
JUDGE: We[, qrhat doyou mntto knorr'?
YOU: Well, is this a dnll or criminal adion?
JUDGE: If s a crimlnal action - (won't say cMl because tt would then automatlcally go to Fed Court)
YOU: Thank you Let tte record show tbat this court has declared that ttls ac,tlon agalnst (your
nane) ls a criminal action Noq I have another quesfion ln regard to the nature of this actioru
JIIDGE: Yes, rrtaf s ftls quesfion?
YOU: Your Honor' fte Constltutlon authorizes two crlmlnalJurlsdlctions for ttir court One ls under
common hr, but thls can't be a common law crlnlnal astlon because under the ommon lar tthene
has to be a corpus delectr 6 damaged party before thts @urt c'rn recogntze anyJurlsdtction Slnce no
one has been damagod and wtthout a sworrr complalntfrom a damaged party, thls courl does not have
a crimindJurtsdlcdon undor common Lq'. Butwhat puzzlcs me ls the only other crlminal
Jurlsdlcllon authorlzed for ttts court ls tte breact dan Intemztlonal Marttlme Contract under the
crlmlnal aspects of an Admlralty Jurtsdtctlon. I'm not aware of havlng ever entered any Marltlme
contads, so I dery that any edst, so you see dy I am puzzled about the nature of this acdon agalnst
re? Cen you te[ nor or expldn to ne whetJurlcdLllotr lhlr oourt ls exerchlng.ln thb oc{lon egalnrd
me'yourHmod
JIIDGE: (May ups{ but stay ool) He may say, "I wlll not pracdce law ftom lhe bencb If you
be
orewlll be prwlded'r, erh.
need an afiorae5r,
YOU:YourHonm,I don't&hkaryonemuldaccuseyouof pracfdng lawfromthebenc.h f you
per{ormyour duty rmdertho.6&AmendmcutandJusttell newhatJurlsdlcdonlhls crtnlnal acdon
agalnstmelstobetlGd. I don'tlnowhowto defendtrI don'tknowwtatJurlsdtcdonl'm ddending
under.
JIJDGE: (l\tey or mey nd ray anyttlng atttle polnQ We\ tt's a Statutory Jurlsdlcdon
YOU: Thank you, yom Eonm. Let the reord show lbat lbls court has made a legal determtnadon
that tt has authorlty b. on&rct a Ctlmtnal Acdon under Statulort Jurlsdlction Now, f 've nerer
heard of thctJurlsdtcfronrandtte Constltrflon doesn'tmedonany suchJurlsdlcdon, so fiyou.an
tell rervhereI can obtalnltepubltshcd rules forfte Crlmlnal Procedure for S6utoryJurtsdlcdon?
JIIDGE: (May be nadder) I am not ansntllng quesflons or pracddng hw hon the bench. If you
d an afiomgl, oewlll be pruvlded. (or he may say lbatyou o get a copy ln fte lrw llbrary, e{c.)
YOU: Thank yoq ym Umm Id fu rwd shary ltat lhh ourt has made a legat defiermlnaflon
lhatttbs nuttorttybcon&rcf a CtlmhslAcdonrrrkaSE(RETJurtrdlcdonlhgtls loown onlyto
thls court and llcmred erneys ttelreUy Affyhg fu ddendaut lhe rlght !o ddend !n hls own person
TO IgE JIIDGE: I an appcalhg lhe lcget ril*rnMon mde f,y ' tn courttLat lt can condud
slmlnal acdon undcr e $ffiory|ubdlfu, and h ry appeal, f s6 nrmlng you, your llonor, as a
wllness lnmyfavonenilll lrrueaSubpmDucesTccrm, lnrrtlchyouwltt be requlredto brlng a
copy of the rules of crlnlnal proceedlngs rrten you euten &e Appeals ourt
TO TIIE PROSECUIING ATTOnNgt: I am subpoenalng the prosecuflng attomey as my wlhess to
the frcf ttst theJudge sal4 'a opy of lhese nrles wrre ln lhe court llbrary upstalrr' (or wtaterver he
saldl ,
NOTE: Normlf you won't get ttls far, but ffyou dq tf s OJC because rrhen you subpoena tte Judge
f
and lte prosccrdng domey as rrthecse*, lhey have to do tbe whole r"g all over agaln, and you may
not even get ihb frr on lLe reond tlmc around. It wlll bo dlemtesed hopefutry. If nog oame ftlng all
over.
COURTROOM TECIINIQUE
crurs Issr.rcgr:TTDIFFERENT FROM TIm PREVIOUS ONE)
rrbo? lnx the Judge?
QUESTION: How did you
Thls ls easy to do lf you don't knsw too much I didn't know too muc[ but I boxed them In You
mustplayalltde dumb.
If you arc arrested and you go to courl Just nemember that in a <riminal action, you have to
understand the law or ft ls a rwerslble eror for tre court to try you If vou don't undersbnd tte law.
ftwcanttvvou
IN AI{Y TRATAC CASE OR TAX CASE YOU ARE CALLED INTO COURT
DEFB{DAI{T: Well, your honor, ls thls a civll or a crlmlnal acflon?
JIIDGE: If s erlmlnal (ff lt were a c|rl|l acfm ftere could be no fine, so lt has to be crlmlnaD
DEFTX\DANT: Thnh you for tclllng me ltrt, your Honon Then fte neord wlll show ttat thls astlon
agalnst (your name) ls a crlmlml acdon, k &at rlght?
JIIDGE:Yec
DEF'EhIDANT: I would lllre to ask anolLer quesdon about ftls crlnlnat ac{on There are two
rrlnlmlJurtsdlc'tlons iaendoned ln the Constfrnfion: one ls under tte common law and tte othcr
deals wtth Internadonal Marttlme Contracfs, under an Admlratty Jurtsdtcllon Equtty ts CMI and
yorr sald thls ls a crlmlnal actlon, so lt seems ft would have to be under elther lte common law or
Marttlme law. But what puzzles me, your Ilonor, ls that there ls no oot?us delectl herc that glves this
courtaJurlsdlcdon nyer my person and property rmder fte comnon law. Therefore, ft doesnt
appear to me lhat frls ourt ls movlng under fte ommon law.
JIJDGE: Nq I can assure you &is court ls not movlng under the common law.
DEI'B{DANT: }Vell your llonor, you now make the charge agalnst me even more dfficutt to
understand. The only oilher crimlnatJurlsdldlon would apply only fittene was an Internatlonal
Marttlme Contract lnvolved. I was a party to tt, tt had been brcache4 and the court was operaflng ln
an Admlralfy Jurls dlcdon
YOU JIIST PUT TIIE WORDS IN TIIE JUDGF'S MOUTH
JUDGE: Nq I can assure yorg we're not-opemdng under an Admlralty Jurlsdlctlon We're not out ln
tte ocean somcmterc - we'rc rlght here In the mlddle of the State of- No, lhls ls not an
Admlratty Jurlsdlctlon
DEFEIDAIIT: Thank yoq your Honor, but now I 8m morr prrzzled than erver. If thls charge is not
under tte common law or under Admiralty and those are tte only two crimtnal jurisdictions
menfloned ln the Constltutlon, rvtat klnd of Jurlsdlctlon could thls court be operatlng under?
JIIDGE: If s Statrtory Juisdlctlon
DEI'B{DA}IT: Oh, rhenft y611 I'm glad you told me ftat br$ I have never heard of tbatJurlsdlctlon,
cq tf I havoti dcfend undcr thaf I muld nccd to have tte Rulcs of Crlminal Procedune for Statutory
Jurlsdlcdon Can you tell me vter€ I mlght nnd those rules?
TmRE ARENO RULES FOR STATUTORY JURISDICTION, SO TIIE JUDGE WILL GET
VERY ANGRY AT THIS POINT AND SAY
JIJDGE: Ifyouwantansversto questions ltkelhat, you getyoursefia llcensed attonry- I'm not
allowed to practlce law ftom the benelr"
DEFENDAT{T: Your Honor, I don't think anyone would accrrse you of practtcing law from the bench
ffyouJust answer a fe;w questions to explaln to me the nature of lhls-actlon so tfiat I rnay defend
myseH,
JIIIIGE: I told you beforc, I am not going to answer zrny mone questions. Do you understand that? If
you ask any more questlons ln regards to thls, I'm golng to find you ln contempt of court! Now, tf you
-n't afford a llcensed attorney, lhe court will prwide you wlth one. But lf you want those questions
answcrcd you nurt gct)roursclf a lloensod attorncy.
DEEENDAIIT: Thankyou, your llonor, but let meJust see ffI got thls stratght IIas the court made a
legal determtnaton lhat tt bas autrortty to conduct a crimlml action against me, the accused, under a
recrefJurlsdlctron, lhe nrles of wtlch are known only to ttls court and li,censed attorneys tlrereby
denylng me the rlCht to defend ln my own person?
He hs no ansrw for ftd, TheJudge wlll probably postpone the case and eventrullyJust let tt go In
trls wry, you can be ar wbe as a rapent and as harmless as a dovg butyou mush't go lnto court
wtthae.hlponyourshouldengndasawffh nrheop count4rt. Rememberfrewords, rrl scndyou
'3 out as shetp h wolf udy-be wtre as a rerpmt and harmless as a dove'. Just be an lnnocent llttte
lanb who Just cant undeniland fte cbarge and rcmember - they can't try you crlmlnally I you don't
understand &e chergds! Thatmuld be autonafica$ a rwerslble ernor or appcal
MORE COTIRTROOM TE CHNIQI-iB
MAGISTnATE: Doclct#
YOU: Readyyourhonor. I am . I am standlngas my orgr counsel I have
appolnted mysets my own atlorney. And I am ready to proceed rvltt my admlnlstratlve and
prudurat mafierr. And at ttls fme, yorr honor, If lt mzy please fte cour{ I motlon for dlsmlssal
wlfr preJudtce for fallure to slate a cause ofacfron upon whlch rellef can be granted.
MAGISTRATE: (May start to ask Dlsovery Quesfions).
YOU: Ercuse ng your honor, ane you theJudge.-the dlslnErested thlrd party-? Are you the fyer of
fu u are you gohg to prosecrfie ttls case?
MAGUnnAnE: Blab, bta\ bhh, eC.
YOU: lttf aro you asklng dlscoveiy Ercrdons? Im't lhat rvhat fre procecrrtor ls suppose to dq yorn
hom? If you'rc golng b start operathg as Judge and prcsecrrtor, tren I'm golng to obJect on the
rrorderamlsflal andalsqonfte rcord as an appeahblelssue!
MAGIIITRATE: (More dlscovery quesdonr)-Wty dldntyou have a llcense?
YOU:WoI your honor, I hcvo avoly good ranmforlhet (Romeh rlhnt)
MAGI$TRATE: WelL Mr. Wrlgg horr about tl?
YOU: We[ your honor, I an an menfranchlscd mmon law X'ree man I am not a parfttpant ln any
Toffic scteme of llmlted llablltty on a Jold ventre for profft wllh an lnsurable lntcrest requlrlng
ne to parddp'ate h these corporete Pond rc.hemer. ImJurt a negular men wto works and havels et
trecommonlm. IhaveartghtbworkfrtoSandunencmbercdpursuanttoBalleyvs.Alabama
and ttat rtght ls ro baslc &at tt dcsn't wm need to be rentroned. The stab ofNew York (c ?)
arbtbar[y and enoneous[r converted ry rtgbtlnb a prMlegeand lssued a llce,nse and a fe for lt
Murdoc.k vs Penn - rt{o stale Dry convert e sccured ltberty lnto a prMlege and lssue a llcense and a
fec for lF. And tf they dq Shudeswor:lt vs Blrmlngham - "I may lpore fre llcense and engage ln
thectlerdscof6ztrtghtwtfrtmpmtty'. SlncelhaverclledonprerlousdedslonsoftheUntied
Sffies Supreme Courtand upon Constltrtlonal def€nre.-I have a perfed defenseforWlhdness. I
am IMMIINE to tre prosecudon * Thercforg tfu prorecrrdon cormdl des not have a cause of actlon
upon wtld relld can be grafrd. I modon fon dlsmlseal wtth preJudlce for fallure to s@ a clalm
upon rvhlch rcllef can be granted. And I would llke to coll€ct my fecs for havlng to defend thts
spurlous and frfvolous cast
T
ANOTHER TRAFFIC COURT EXAIIPIE
1. Amlrlnd€rarrlst?
4. Doyoubave asarenl?
rrstrff
5. Do you have a search wan:ant?
- ftafs trthey wantto lookthrough your
6. By u&at order of authodfy ereyou unfu ttatwould allowyou to glve me orders and dlretftves?
lYhen asklng a op ttat hst questton, nemenbcr, you're asklng lhem lhls because they\e Just ualked
uP to yoq (nout of norrvheret) and askcd to ree tridentfrcafionrr and otren questions to thrt €ffect
They're not suppose to do trd. If that was the case, &m ANYBODY coutd walk up to you and start
asklng lnvadlng quesfionr. The publtc mrrant(cop) MUST hre probable cause. You have a RIGIIT
TO TRA\IEL, sfreh€r onfmtor by car, unhpeded, rvthoutbarassment
nsltuafonn
-Jf the goes fru.lter, you can tell lhem.-
trI'm not out here causlng any trouble, I'm mlndlng my own buslness.
As long as I'm not hurtlng
anyone or damaglng any property, I bave a RIGET to havel (go) rvhere and wten I want to wltrout
belng harassed or quesffoned. If you dont have a reasonable probable cause for stopplng me, I,m
going to condnue on Et Et
sclong". orwords to that erffect-you get the pic{ure.
Fftcy don't have a legttlmate reason for stopplng yotl they shouldnL A worant for your
Bastcally'
trdt or being obsttd fuing tltc connission of a oime (thlngs to that effect) ls a legltimate
rason/probabb cau{:. Your obJecftve lsbtalktothem wlthout your belng harasss4 unnsssar.lly
amested and defabed or-hvc aly oilher prcble,m. Sq don't be a nsneraassn and don't get "snotty.'
You probab$ won't hve to rck aay quesflon llsted here. Whether you'll be left to go on your way
wiII depend onyoursefi, your demcanor, and tre cop ttat stopped you. It can't be sal4 for sury the
oubome of ary pardcular dnratbq but f weryone lnvolved ls ctvll, l' tngs should work out flne.
Just remembcr, trere are m guananteer.
tlt
busherr. I\e oommtt&d no crlme and I'm mt carrylng auy oontraband" Unless you can state
I'II be on my yrayn. If lhe cop(s)
prcbable cause to lhe ontrar:r for fte ben€fft of ftts tape neborder,
,,,? ges beyond hls Mil
au&orfty and vlolates your rlgbtt, you cpn fle a complalnt Put &o oop otr
notre and ary act to fu contrary wlll bewilhll
WHATIS PROBABLECAUSE?
1. $omeone has nadoa omplaffiaboutyou (dalmed you dtd.*rvtatwer)
a Cop(s) iryyou do Mlng lllegal or unlarvfol- specdlng, causlng a dtstubane, d.
3. A radto bulledn/prcchcf Scr, ete- fits yolIr descrlptm (askto hear descrlptlon)
{. If lhcy have lcgttlmde probable causc, then eopor$. Aly mlsunderstandlngs wlll have !o be
hmdledlatcr.
1. You can tell ften you wut !o see frelr captaln on duty tmnedlately (you'll watf). Ithcn (or fF) he
arrtvos, tell hhn tt appoars you were stopped megary - for no apparcnt reason, wthout pnobable
cause and wre told ym wren't rmdcr arest You'd llke !o know f wtat frey're dolng fs bgel (tfr
udawfuI) beurc you'wmnt dolng anytting ltet would hrve aroused susptdon end vas Just
mlndlng your own buslness.
2. If ftey'rc golng to be dffiorlt, ftere my not be much you can do at t' -t polrt Remaln as calm as
posslblc Don't get'physlcal' because someone ould end up hurf or dead. Don't gef crazed or
exclted el&er. Remember, they have ready-avallable srapons GuD, sdcls, taser, hard shocs, ete)r.
If ttey perslst ln hemsslng you, and &en lnslst on taklng you In, falsely arrestlng an{ lmprlsonlng
yoq thls inonvenlence ls grounds to flle a bwsrilt pursuant to Tlfre 42, U.S. CMI Code, sec'ltons 1983
and 1985. Ifyo carl explaln tte clrcumstances of lhearr,erttotbe captaln oNl duty attre prertnct It
may not do auy gmd at trat moment buq h fte long nn1 the op(s).ls tre one who'll pay the
oonsequ€nces. Gff fte arrestlng op(s) namg badge nunber and bond number and make a
omplalnt to the CMthn Complalnt Rwlem Bord (CCRBI The telephone number ts 800 341-
CCKB[?:272. After at l€ast lhlrty (30) days, you should make a requesg ttrough tte Freedom of
Idomatlon Law, for the wrtttin rcsults of lhe complalnt - to sce tr somethlng has been done a6off ft -
and you can use frdto sue trem.
You should keep a smll tape rrccorder and blark tapes on yourse[ wten out - especlally ff you'rc
prone to behg stopped and quesdoned - ft may oome ln handt
lft hposslDle!o anss€r wert quesrdonlAat erlses. Eact hdvldual stfiadon ls dfferenL Use your
head and leam as much as Jrou can about ltis nsystem' and tts laws. Evely lltde blt of lnformatlon
helps ardyou can bulld on lt
A'COP STOPN SCENARIO
Elder ls repor.&d to hrve told hls toops rr&en you push ln rrltt your bayonef.-ffyou feel musb,
prers on, but ilyou feel steel, pull bac&'
Ihe exctdng ttlng ls that you can change You may beJust an ordlmry sh-paclc" out ttere wltt
'Ja
8 nslaven nmUty. Or, you my hve e gbnt on the lnslde lhafs beglnnlng to arralren and the glant
bat n$eol'r
trtore'r ery stcol h ttore? Easy. Start demandlng your rlghts Don't
IIow can you f,nd ort lef one
clancesltpbyhryhlchyolnafuerteutywalveyourrlghts l*tmeshowyouhwtostart
Cop: (wlks up to your verblde) I muld llke to ree your drlyer's llcensg registration and prmf of
tnsurance.
Cop: Lmk Dudg I don't knowrvtatyou'rc @ng to pull but I'm gonna glve you one more chance to
glve me your llcense or you and me are goln' downtmn Do you understand?
You: Let me seeil I tmderstand your poslflon You have trus far made an unneasonable 4th
Amendment relan e of ry perrm and rr:frrce to lnfom me d auy probable cause for the stop. Plus,
rnI rwtoundor:rhndltrtl rn underlhrcotof,enertfor dnply demrndtng&rtn;z Conrtthrafond
ilgtrts not be ylol|led? Is ttetyour posmon, sm By the wat, |s n posslDle that ary answers I glve
you may be used agalnst me ln a crlmlnal prosecution?
You: Iilhat I mcan ls, shouldn't you adnlse me to remaln sllent and ttat I have a rlght to have any
attonrey preeent-?
Cop: Look, Mack! I've had about a[ fu- I'm gonna take from you! Now give me that license
or gef out of trls car!
You: Irt mo re ff I undcr:trnd your poettlon I am under ltreat and duress and fear of arrest
rmlers I compty rvtlt your uueasonable demand and uwtlllngness to rratt undl my at&omgl can
arrtve to glve me legl aftloo dlch I fcel frd I may nced. I am merely demandlng that my
Constthrflonal Rlgbts mt be vblated. Are you &Illng me you frr[y understand my posltlon and yef
are sdll lntent on fonlng me agetnst my wlll and over my obJecdon to capttulate to your demands?
@: *????
l'
,r7 My unrlemtandhg ls ftat f yur have a tape reorder or reliable wlhesres on ltand and frlt 'of,her"
rhouldarmstyanrmderlhepr€ddt Mbod semriqyou my havean excelleutl'ederal lawsuit
pursuant to lldo 4?,, US CMI Code. One nlgbt lnJall ottld be worft 310,000.00.
Iamlnnorvayrtemmendlngftatyounpush'trenofrcerrtntoanythlngJustfon'rklck$n Butyut
rre toe$ dftfn youn rlgbtr to hsve knowledge of *y you ene bolng ttoppod. After dl' lftr le rlltr
Amerlca, notlhe $ovlet Unt'on - although pollce tacfcs ar,e raptdly taklng on a Swlet color hera
Whlleyouanefndhgouthowmuch trsteclr youhavehyou, dor',emembertratfre'offietr" ls
probab! as dwdrl of nknmtedge' as you are at thls pol$. So don't take unfalr admntage of
htn/her. Itwouldr€atltbeb€frertnfrelong-nmtrwcoulderlucatetometpollceoftcersnoutthere
rafterltandempttomake somebucks rulngftcm.Andtruly, myexperlcnels showlngme ttd
treie are a lot d notEers' ftd do rce the hypmlsy of the syste,m and dont llke tt ary better than we
do.
Butataryr*,ttls [ldeexpedsncenaywll glveyouan ldeaof wtatyou have golngforyou- mush
or $eeL
If youwlltatfteprcsence of an'officern andfindyoursetrhoplng ttat he/she dasn'tpull outlhelr
gmanrl klllyou ontre spotfor stmp$ havlng atr[ llgbtout, then, lefs face tt-yott are more nush
ften rteeL
NOTICE TO ARRESTING OFFICER
AND MIRANDA WARNING
: Wi*l explicit reservation of all rights, and waiver of none, vested and
retained, I remain,
'9
p
TRAVEL A}ID TI{E POLICE
The right to tnavel is constitutionally protected. Zobel vs. Williams- 457 US 55 (1981)
1. The ttlnvestigative Stop" Dctcntim must bc bascd on specifig articulablc facs and radmat
infe.rrncc TTnna{6nfu1i2s{ suqpidoo" asd "iltrticulato bunchcs" alons sot good cnoug!. A \nlid
nimicstigatiw
--r-.
stop' mrrst bc basd m 'rcasonablc articulablc srspicio'n" (RAS) U.S. vs. BrigsmarL 931
8n705 (1991). U.S. vs ShicHand. W2FZ9B7 (1990). U.S. vs Strenhan.948 F2 r55 (1993)"
kcffital Eatrc stopE arc a violalion of thc 4& Amcndnenf U.S. vs. Eldridge, gU n, 943
(1ee3)
2. The Initiat Questioning: Officcds qu€stions mrst relae to purposc of stop, or dglcrilim of &ivcr
is wcasmabla US vs JaESlEs 990 F2d (1993).
I may r€fuse to prwidc.the policc ID or informarion- U.S. vs Brown. 731 F2d f+gf ifg8+). Mo],a vs
U.S.. 761 Yn3n (D8t. Brcwn rrc. Texas. 443 U.S. 47 en .
]}c tidtt to-pdvary inchrdcs an 'individual intdcst in avoiding disclosurc of pcrsonal mattcrs.'
$ralen vs Roe. 429 U.S. 589 Qym.
Imzy not be ar€st€d solcl5l to asccrbh my idcnt'ty.
Anington vs" McDonald. 808 F2.1456 (1980.
Ivfy ncfirsing coos€nt of a scarch is not basis for RA*S, no PC to scarch or iqpormd nryrrchicla
"g,S-:sjenset 9nF2dZT2(t993). U.S. rn. Atexander, 835 FZd 1406 (fgSB)
Ilnlcss my answcrs prcruidc PC, Im frce to go. Oncc my documentation is rcurrnd Im free to go. parker
rni Sftong; 717 F. Sqp. 767 (1989). U.S. rn. Soto. 988 FZd 1548 (1993).
A tcrry fiisk nay ody pat for wcapms, not*acrh in pockcb. officers mrxt first bcfievp a theat is pcned-
u.s. t: santillsns. 848 Fzd 1r€G988). u.s. vs" wantss. F?l 1459 (1989).
Govmcnt mrst prorc all€ed coosc'lrt to scarch, ard trat cons€lrt was gi.rcn ftcly aod vohmtarity. LT.S.
r . Vilfareal 963 F2d nO G9y2). U.S. vrs" Dickerson. 975F?;dLZ4S (L9..fIz). U.S. vs Tifiman. t]63 F?l
t37 (r9v2\
4 Iilrho or What I l["y B" Wth: Arrcsting nc givcs no PC to arrcst othtrs wih mc. U.S. vr Prieto
Dtlla 91O fz.l60l (1990).
Mcre prcscarcdassociation wih possessor of contaband is insufEcicnt to establish posssssion on my parl
U.S. vs. Garicia- 983 Fzd 1f60 (1993).
It is not a crime simpty to tavel wittg wcn knowingty, someone who is carrying druS. U.S- vs- Teffera-
e8s F2d 1082 (1993).
S. If Arrested: Arrcst may not bc uscd as a p,retext ior a searcb- Laing vs. U.S. 891 F2d 683 (f 989).
Ascst m5t be both custodial ad laqrfrl to $ryport a 'scarch incidsrt to arresl' U.S. vs. Mota 982p,d
1384 (1993)
A 'seaxch incid€nt to arrcst' is limitcd to area within my irunediarc control (ic. not cntirc car if cuftbd at
rcar). U.S. vrs Vasey. 834 Fzd 782 (1987). U.S. vs. Ilernandea 901 F2d 1217 (1990).
I nray Ircrbitly clallcnge the ofrccds actiondask for his ID Gainor vrs. Roverts. 973FZd 1379 (f992)-
If the poticc falsety arrcst me without P.C., thsy have no "qualiEed immrmity." I\{alley vs. Brinss. 475
us 335 (1980. !
Policc sgpcnrisors are liable if ttrey authorize or approvc unconstiunional conduct of offcnding officcrs.
White vs F'arier.__849 Fzd 322 (1983). Ghandi vs. Detroit P.D.. 747 nd 338 (1984). Stoks rn.
Deleambre. 7l0F2d 1120 (1983).
AFedcrat ofrccr who uscs sr(ccssi\/s forcc acts in bad faith and may bc rcsisted. U.S. vs. Span. 970FZd
573 (1ee2).
6.Property Seizures: Having a large amount of cash is not pcr se wideircc of drug rclated illegal activity
forfsrftinroprrposcs. U"S. vs. $ii11.990 in U.S. Currencv. 982E2d E51 (1993).