View Single Post
  #1  
Old 04-14-2005, 03:56 AM
weishaupt1776's Avatar
weishaupt1776 weishaupt1776 is offline
The Outta Commissiona
 
Join Date: Oct 2004
Location: Florida Republic
Posts: 5,393
Traffic Stop Is an Arrest

Are you being detained from going about your normal course of action?
Or from what you want to do?
Are you free to move as you please?
Or have you been "taken into custody"(custodial arrest)?
But is your Life, Liberty, & Property(LLP) at stake in any way?
Have you been told that you are not free to move about?

Then YOU ARE UNDER ARREST, YOU CRIMINAL, YOU.

From Clyde:*
*
  • "A seizure of the person within the meaning of the Fourth and Fourteenth Amendments occurs when, "taking into account all of the circumstances surrounding the encounter, the police conduct would ‘have communicated to a reasonable person that he was not at liberty to ignore the police presence and go about his business.'"* Florida v. Bostick, 501 U.S. 429, 437 (1991) (quoting Michigan v. Chesternut, 486 U.S. 567, 569 (1988)).* This test is derived from Justice Stewart's opinion in United States v. Mendenhall, 446 U.S. 544 (1980), see California v. Hodari D., 499 U.S. 621, 627-628 (1991), which gave several "[e]xamples of circumstances that might indicate a seizure, even where the person did not attempt to leave," including
    the threatening presence of several officers, the display of a weapon by an officer, some physical touching of the person of the citizen, or the use of language or tone of voice indicating that compliance with the officer's request might be compelled.
    Mendenhall, supra, at 554."* Kaupp v Texas, No 02-5636 (2003).
    *
    *It must be acknowledged at the outset that a traffic stop significantly curtails the "freedom of action" of the driver and the passengers, if any, of the detained vehicle.* Under the law of most States, it is a crime either to ignore a policeman's signal to stop one's car or, once having stopped, to drive away without permission.* E.g., Ohio Rev.Code Ann. § 4511.02 (1982).* Certainly few motorists would feel free either to disobey a directive to pull over or to leave the scene of a traffic stop without being told they might do so. *Partly for these reasons, we have long acknowledged that
    stopping an automobile and detaining its occupants constitute a "seizure" within the meaning of [the Fourth] Amendmen[t], even though the purpose of the stop is limited and the resulting detention quite brief.
    Delaware v. Prouse, 440 U.S. 648, 653 (1979) (citations omitted).* Berkemer v McCarty, 468 U.S. 420,*436 (1984)

I want My Speedy Trial, then:
  • We hold here that the right to a speedy trial is as fundamental as any of the rights secured by the Sixth Amendment.* That right has its roots at the very foundation of our English law heritage.* Its first articulation in modern jurisprudence appears to have been made in Magna Carta (1215), wherein it was written, "We will sell to no man, we will not deny or defer to any man either justice or right"; but evidence of recognition of the right to speedy justice in even earlier times is found in the Assize of Clarendon (1166).* Klopfer v North Carolina, 386 U.S. 213 (1967).**
    *
    There is confusion in the time that the speedy trial starts to run, even among judges.* In the states you will have to flesh this out with the courts interpretation of the speedy trial rule for that state.*However, such is not the practice of the courts, so they by rule mislead defendants into thinking by court rule it starts at arraignment which is not the case.
    *
    Recently as well, they have relaxed the rules as far as time exclusions are concerned and added buffer time.* These variations should be objected to both at the federal and state level as a abusing the intent of the Constitutions specified right to speedy trial.* Also, you should demand your speedy trial immediately upon learning of any cause against you, and crying bloody murder for every delay.* You should show that you are irreparably injured in life, liberty and property by such and you should never waive speedy trial under any circumstances.* If after conviction other relevant evidence appears, then you can always move back to court to offer the new evidence.
    *
    It is best to sit in on a few short trials to see what happens and do a little study ahead of time.* When it happens to you, you want to be ready for it no matter when it happens.* Today it is not a matter of if it will, it is a matter of when it will.* It may only be a simple traffic matter or it might be a false accusation.* Many innocent men have sat in prison for many a* year because they didn't know how to defend themselves.* Even if you hire an attorney, you better know his job better than he does, because it is you that will suffer not him.* I think there should be a law that an attorney should serve the first tenth of the sentence for his client for losing the case.* If they spent some time behind bars (probably where they all belong) for losing cases, there would be far less cases compromised,*on ignorance of the defendant, on circumstantial evidence, false venue, lack of jurisdiction,*on hearsay evidence, on phony charges, on absolutely no evidence and any number of other udderly absurd trial deformations.

*
__________________
THE DOWNLOADS SECTION IS BROKEN & WILL NEVER BE FIXED, SO STOP BUGGING ME !

www.pacinlaw.org ~ www.pacgroups.us
Multi multa, non omnia novit = Many men know many things, no one knows everything.
The De jure Political Group: www.statenationals.net
Do you have concerns about America? www.redamendment.net
Is the government acting in your interest? www.notmygovernment.us
Have you been Deprogrammed? www.deprogram.us


DOWNLOAD THIS COURSE NOW !!

Reply With Quote