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Old 09-19-2006, 05:29 AM
Phoenix Phoenix is offline
Waking Up
 
Join Date: Jul 2006
Location: California
Posts: 4
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JUDICIAL NOTICE / DEMAND FOR RIGHTS


Know all men by these presents, that I,________________________, do
travel upon the highways and roads of these United States as a matter
of asserted Common Law rights. That I assert my full sovereignty as
a free and natural person under the Common Law of the Constitution of
the United States of America, to wit:

1. "The use of the highway for the purpose of travel and
transportation is not a mere privilege but a common and fundamental
right of which the public and individuals cannot rightfully be
deprived." Chicago Motor Coach v. Chicago, 337 Ill. 200, 169 NE 22,
66 ALR 834. Ligare v. Chicago, 139 Ill. 46, 28 NE 934. Boone v.
Clark, 214 SW 607; 25 AM JUR (1st) Highways, Sec. 163.

2. "The right of the citizen to travel upon the public highways and
to transport his property thereon, either by a carriage. or
automoblle, is not a mere privilege which a City may prohibit or
permit at will, but a common right which he has under the right to
Life, Liberty and the Pursuit of Happiness." Thompson v. Smith 154
SE 579.

3. "The right to travel is part of the Liberty of which the citizen
cannot be deprived without due process of law under the Fifth
Amendment." Kent v. Dulles 357 U.S. 116, 125.

4. "Where rights secured by the Constitution are involved, there can
be no rule-making or legislation which would abrogate them." Miranda
v. Arizona 384 U.S. 436, 491.

5. "The claim and exercise of a Constitutional right cannot be
converted into a crime." Miller v. U.S. 230 F 2d 486, 489.

6. "Our system of government, based upon the individuality and
intelligence of the citizen, the state does not claim to control him,
except as his conduct to others, leaving him the sole judge as to all
that only affects himself." Mugler v. Kansas 123 U.S. 623, 659-6O.

This statement has been submitted upon demand of a driver's license,
registration, proof of insurance, and, therefore, is part of the
official record of any ensuing action and must be introduced as
evidence in said action. It will be noted that willful suppression
of evidence is a felony. Any cause for action will result in action
under Title 42, Section 1983 U.S.C.


In Propria Persona
Signed by:_______________________________

STATE OF ________________________

COUNTY OF ________________________

The foregoing instrument was acknowledged before me this ___ day
of _________________, 19___, by ______________________________.

My commission expires: ______________________________

Notary Public: ___________________________________


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FOR THE RECORD

COMMON LAW RESPONSE
TO CRIMINAL ACCUSATION


Accuser: ________________________________

vs.

Accused: ________________________________

Charge: _________________________________

Ticket/Case No.:_________________________


COMES NOW THE ACCUSED -
INNOCENT OF ALL CHARGES:

1. I,______________________, the Accused, Invoke my full Sovereignty
under the Common Law of the Constitution for the United States of
America. I demand all of my rights at all times. I waive none of my
rights at any time, and this includes my time.

2. The Accused demands the Common Law right of 'Sua Sponte'. The
court will inform the Accused at every stage of the proceedings of
the Accused's rights, whether Federal, State, or Local, and in a
timely manner. If the Court fails to observe this free and natural
person's rights in every respect, the court becomes renegade to the
Constitution of the United States, and loses all jurisdiction over
the Accused.

3. The Accused understands that the courts usurp jurisdiction
primarily through deception. The Accused denies jurisdiction to the
court in all matters before the court. The Accused comes before the
court only because of the abuse of its power to arrest and
incarcerate.

4. The Accused understands that under the Common Law, one does not
commit a crime unless one willfully damages another real person by
depriving said person of Life, Liberty, or Property. The Accused will
require in the courtroom at trial, as provided for under the Sixth
Amendment, the body of a real person as a damaged party and not the
alleged representative of said party.

5. The court will receive this document in the stead of arraignment.
The court will notify the Accused by certified mail or personal
messenger as to hearings, held consistent with the demanded rights of
this document, allowing the Accused reasonable time to prepare a
defense. Any attempt to create a fiction of law or to usurp
jurisdiction over the Accused by Issuance of an arrest warrant in the
absence of demanded rights, will be dealt with before a Federal
Magistrate under the Common Law of the United States.

6. The Accused is aware that when the court denies a demanded right,
it loses all jurisdiction over the Accused. The Accused understands
that rights are bestowed by nature's God and secured by the
Constitution for the United States. The Accused has studied,
understands, and will enforce every point of this document through
the Justice Department and the Judicial Review Board.

7. The Accused recognizes the need for and greatly desires Counsel
but has no monies for that purpose. And since it is common knowledge
that court-appointed Counsel is either incompetent or beholden to the
Accused's adversary (see Burgett v. Texas 389 U.S. 1O9), the Accused
requests that the court makes monies available so that the Accused
may find competent representation on the Accused's own, in whom the
Accused may have confidence. In the event that these requested
monies are not made available, the Accused will stand before the
court in propria persona without Counsel, and under the foregoing
conditions, only the Accused can speak for the Accused (Chandler v.
Fretag, 348 U.S. 3; Faretta v. California, 422 U.S. 806). The Accused
understands that one cannot be incarcerated by the court unless one
has Counsel at trial. The Accused will not sign a waiver to Counsel.
The Accused will engage Counsel only under the aforesaid conditions
(see, Argersinger v. Hamlin et al).

8. The Accused demands the rights enumerated under the first precept
of the Fifth Amendment to the Constitution for the United States.
The Accused will require an indictment or presentment by a show cause
jury or Grand Jury. The Supreme Court of the United States has ruled
in Mackin v. U.S. et al that any crime for which a person may be
incarcerated is an 'infamous crime.' The Fifth Amendment provides for
indictment in all infamous crimes. The Accused understands that any
attempt at prosecution of this free and natural person in the absence
of said indictment constitutes a willful violation of United States
Constitutional rights by the court, and/or its officers.

9. The Accused demands trial by a twelve-person Common Law jury as
provided for under Article III, Section 2, Paragraph 3, and the Sixth
Amendment to to Constitution for the United States. The court will
take notice of Frank v. U.S. 395 U.S. 147 U.S. (1969) et al, in which
the Supreme Court of the United States has ruled that, "...all
sentence must be suspended when jury trial is denied the Accused."
The Accused is aware that an attempt to enforce a fine by threat of
illegal incarceration, constitutes extortion on the part of the court
and/or its officers.

10. The court will take notice that the Accused's time is personal
property and cannot be consumed by the court without the intention of
the court to comply with full due process of this free and natural
citizen's constitutional rights.

11. Any cause for action will result in action before Federal
Magistrate for willful violation of United States Constitutional
rights, this action pro se under the Common Law and Titles 18, 28 and
42 USC. The Accused is also aware that as little as a phone call to
the FBI will start an investigation against a public official for
violation of a citizen's civil rights and that this investigation
must be pursued until found without merit.

12. The Accused will require the return of any and all bail monies,
evidences, fingerprint records, photographs, and properties seized in
evidence at the conclusion of the proceedings. HAVE A NICE DAY.

"CONSTITUTIONALLY YOURS IN PROPRIA PERSONA"

___________________________________________
(Signature)

STATE OF:____________________, COUNTY OF:______________________

The foregoing instrument was acknowledged before me
this____ day of_____________ 19___, by:_________________________

My commission expires:____________________

Notary Public:_________________________________

Extra copies sent to:

Judicial Review Board -- State Supreme Court
U.S. Supreme Court -- Washington, D.C.

CERTIFIED MAIL - RETURN RECEIPT REQUESTED


END OF FILE.
__________________
IGNORANCE - It may be Bliss for those who have it, but it's Agony for those that don't!
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