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!!! UPDATES !!!
This is the Docs for that case for the same guy who got the big WIN in court recently over near Wilmington, NC dealing with several traffic tickets.
Enjoy,
Silver Dollar
---------- Forwarded message ----------
Date: Thu, May 15, 2008 at 4:02 PM
Subject: Right to Travel
The paste below is an update on most recent adventures. The attachments include 3 of 4 filings/pleadings in the right to travel case pursuant to my six citations for no plate, registration, inspection or insurance in the trial held last April 17th; a summary of that trial; and a summary of the hearing on summary judgment in one of my three prongs in the attack on property tax. You might find them interesting, or not. It is a target-rich environment, and I am trying to get them all done before the IRS plops down on me. Comments appreciated and invited.
AuSable
May 13, 2008
Today was an interesting day. I traveled to the County Seat to file some papers with the court, visit the bank, apply for some permits (not for myself, but for one who is ignorant), and visit the postal service. After I filed the papers with the court, I stopped by the court bookkeeper's office to request a copy of the CAFR for the courthouse so that I could respond to the judge's comments from my property tax case last week regarding the State needing my property tax dollars to support the court. It is my opinion that the court is more than self-sustaining, with its surplus going to public education, by law.
While I was sitting in the office with the bookkeeper and the clerk of court, a bailiff came in to ascertain whether or not I was armed (Other bailiffs have noticed my weapon and done nothing, to the extent that one sauntered over to me in the courtroom one day to check for the weapon. He noted having seen me come into the courthouse on other occasions with my sidearm, and was concerned I might have inadvertently worn it into the courtroom.). This particular bailiff has shown his discontent with my arguments previously, but only passively. I showed him my weapon, and he left suddenly. I told the ladies he would be back to arrest me for carrying a weapon in the court house. It was very ironic that I had just been discussing that very point with them in response to their question about my carrying. I had shown them the weapon as an example of the constitutionally protected exercise of my right, and had just told them about my conversation with the sheriff the previous year in which he had agreed with my argument about the signs in the courthouse being unconstitutional (NC constitution) regarding open carry of weapons in the court house. The signs on the courthouse doors now specifically exclude only concealed weapons from the building. I could not have scheduled any visual aids more effectively than to have the bailiff come in and get huffy.
The bailiff returned shortly with the chief of Detectives who ordered me to unload my weapon and give it to him, with which I complied. He then handcuffed my hands behind my back, led me out to his car, loaded me up, and took me to the magistrate. I offered to walk, as sitting in a police car with handcuffs behind my back has never been comfortable to me. The distance to the magistrate and jail was only one block. The magistrate found probable cause, without benefit of hearing from me, and put me on $500.00 secured bond. I protested his not having given me a meaningful hearing, and he explained what he had done and asked if I had any questions. I then explained that my actions were protected by the Constitutions and the signage in the courthouse indicated that only concealed weapons were prohibited, which is in accordance with the NC Constitution. He didn't care, so I told him I was not a threat or a flight risk and could not be legally, therefore, jailed. I told him I looked forward to my court appearance, to which he laughed and had to agree; since I am a regular in the local courthouse. I told him that if he persisted in violating my rights, I would file suit against him after I had my day in court and got the charges dismissed. He then said my bond would be unsecured. I argued for release O.R., but, discretion being the better part of valor, I opted to accept the unsecured bond and left without my weapon. It was being held for evidence. I told the Captain deputy that he was depriving me of my only means of defense, but he didn't budge.
I then paid a visit to the Sheriff to let him know about my win last month on the traveling charges. After that discussion, he asked me about the "gun thing" at the courthouse. I went through the whole story with him, and he was not real sure whether I was right or wrong. He "did not recall" that our last conversation had resulted in his agreement to my being able to wear a weapon into the courthouse, but did agree that we might have discussed it. It was a good meeting and lasted over an hour. I told him he would be called as a witness at the trial next month.
As I pulled out of the parking lot for the Sheriff's Department, I was shadowed by a city policeman. He followed me for about a block and pulled me over. He was concerned about my lack of a state license plate on my car. When he asked for my registration and license, I gave him my license and explained to him I did not have a registration, title, inspection, or insurance. He asked me how I could drive without all that paper, and I showed him my orders from the trial of April 17th when Judge Carroll had found me "Not Guilty" for the same offenses. I then explained that, at least in my case, these orders constituted a precedent ruling that was applicable to my right to travel. I also warned the officer that I would file a civil lawsuit against him personally if he violated my right to travel and my liberty any further than he already had. Then, I gave him the short class on defense of rights and liberties, for the children. He went back to his car, called for back-up, had a discussion with the arriving officer, called the office on his car radio, hesitated for a few minutes, and came back up to me. I was standing outside my car, wearing my Ron Paul hat, with an empty holster when he came up and handed my license back. As he turned to walk away, he said, "Have a nice day." That was it.
END
D. Sullivan
[[ attached documents ]]
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