
06-21-2004, 06:17 PM
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Check this Sh.. er CRAP out
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06-21-2004, 06:37 PM
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Banned User
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Join Date: Oct 2004
Location: Indiana
Posts: 1,866
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Check this Sh.. er CRAP out
I sure would like to see the arguments that were presented to the court.
Bastards! We need new Justices.
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06-21-2004, 07:02 PM
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Come and Get Some!
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Join Date: Oct 2004
Location: South Carolina
Posts: 1,511
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Check this Sh.. er CRAP out
People, vote for Badnarik, and make sure everyone you know gets an earful to that tune... maybe he can appoint a justice that can actually read the constitution and uphold it!
I would also like to see what was argued by defense counsel. Methinks a bar member could gain much by doing a sorry job at defending his client, if the outcome was the creation of some sorry case law that for BB to use in their War of Terror. Talk about a conspiracy of treasonous proportions!
__________________
When a statute, code, or court holding changes tomorrow, does reality change? Does truth change? Does right and wrong change?
If so, there are no absolutes, and the only logical conclusion is that reality, truth, and right and wrong are determined arbitrarily on a daily basis by those with the most power, guns, and money, and the rest of us can choose to run, fight, or be their slaves.
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06-21-2004, 07:58 PM
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Check this Sh.. er CRAP out
I think it would be a good idea to go ahead and pre-emptively put the gestapo agencies in a 50 mile radius on notice that they can use your name, but doing so will cost them $500,000 per incident.
Man this pisses me off.
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06-21-2004, 09:44 PM
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Unplugged
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Join Date: Oct 2004
Posts: 57
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Check this Sh.. er CRAP out
Notice This Ruling Apllies to U.S. citizens. Are you a U.S. citizen? i.e. A citizen of the DISTRICT OF COLUMBIA, PEURTO RICO, or any other Federally held territory.
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06-21-2004, 10:04 PM
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Check this Sh.. er CRAP out
rodman,
Good eye, but this stuff still ain't good. It means you are going to jail if you refuse. Of course, you can sue the officer, the department, etc, but it means you will have to bend over first, and get vindicated LATER.
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06-22-2004, 01:30 AM
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Come and Get Some!
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Join Date: Oct 2004
Location: Texas
Posts: 2,837
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Well,
I guess its time to get a few new identities. Hell if Madonna can change her name to Esther--I can change Jerseee to Tex. Now which one are they looking for?
This really is getting me upset. I need to leave this country and live on an island.
__________________
"FOR AS HE THINKETH IN HIS HEART, SO IS HE."
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06-22-2004, 02:57 PM
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Sui Juris Moderator
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Join Date: Oct 2004
Location: Maine state
Posts: 873
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Check this Sh.. er CRAP out
Hi All,
This article is real Interesting stuff... But I ask you to re-read the article with your critical glasses on.
Keep in mind, the officer is looking for the strawman.
Now, in my case, my proper God given name is generally represented as:
Alpha Beta; of the house of Charles -or-
Alpha Beta; Charles.
Charles is a corporate name ! I'm a member of the house of Charles !
Therefore... My unique, proper, God given name is Alpha Beta.... and that is all !!!
The officer is looking for the fictional strawman, represented by the ALL CAPS corporate name ALPHA BETA CHARLES or ALPHA B. CHARLES or some other configuration thereof. NONE OF THOSE ARE ME ! The officer seeks a different creature altogether !
Now look at the article...
"One's identity is, by definition, unique; yet it is, in another sense, a universal characteristic," writes Justice Anthony Kennedy for the majority. "Answering a request to disclose <u>a name</u> ("a name" not "your name") is likely to be so insignificant in the scheme of things as to be incriminating only in unusual circumstances."
In upholding his conviction and the mandatory identity-disclosure law, the majority justices also said the law only requires that a suspect disclose his or her name, <u>rather than requiring production of a driver's license or other document.</u>
So... the 4th and 5th Amendments still apply !
The Supreme Court, previous to this decision, said:
Kolender v. Lawson, 461 U.S. 352 (1983):
you can not be charged with failure to identify, until you have been <u>charged</u> with a crime. (emphasis mine)
The supreme court swapped "charged with " for "suspected of".
Wright v. Georgia 373 US 284 (1964):
"Failure to obey the command of a police officer constitutes a traditional form of breach of the peace. Obviously, however, <u>one cannot be punished for failing to obey the command of an officer if the command itself is violative of the constitution.</u>"
Again, if the officer wants more than your God given proper name, then it is an unconstitutional act !
So... GIVE HIM YOUR PROPER GOD GIVEN NAME !
Alpha Beta !
For your consideration,
and HIS Glory,
Akira
(aka: Alpha Beta, hehe)
__________________
Akira = Akira-
Counselor in Law (student) - I live it, I don't 'practice'
No post is ever intended as 'legal' advice. Lawful perspectives discussed openly.
"Pro and Con are opposites, this is plainly seen.
If progress means 'to move forward', what does congress mean?" - Nipsy Russel
"It's not the will to win, it's the will to prepare to win." - Bobby Knight
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06-22-2004, 05:11 PM
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Unplugged
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Join Date: Oct 2004
Location: California state
Posts: 61
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Check this Sh.. er CRAP out
Akira
In re to your post "Kolender v. Lawson, 461 U.S. 352 (1983): you can not be charged with failure to identify, until you have been charged with a crime. (emphasis mine)"
Is it your understanding that a traffic ticket is a infraction and not a crime?
nralien
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06-22-2004, 06:10 PM
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Sui Juris Moderator
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Join Date: Oct 2004
Location: Maine state
Posts: 873
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Check this Sh.. er CRAP out
Quote:
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Originally Posted by nralien
Is it your understanding that a traffic ticket is a infraction and not a crime?
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hahaha I see where you're going with this... lol
You are correct ! lol
A traffic ticket is a CIVIL INFRACTION ! (besides being a Bill of Attainer, or more correctly, a Bill of Pains and Penalties, both of which are Constitutional no-no's)
As you already know, you have a Drivers license contract with the STATE, and upon an infraction, the case can / should only be heard in a Civil / Equity forum, not a court of law !
So... when the officer pulls you over, and says
"You've just commited a traffic violation, license and registration please?"
Do you have to identify yourself? Not according to the Supreme Court ! You are not a suspect in a crime investigation are you? lol
But you may have to go to the Supreme Court to get your justice ! lol
My recommendation? Pick your battles !
The basic cop on the street is a moron !
You already have a clue how to beat any traffic ticket in court, so unless you've gone looking for a fight, and are prepared for the inconvenience, I would make the wiser choice...
Still, you have made a great observation and are absolutely correct !
Good Job !
I need to work on my follow through... lol
For HIS Glory,
Akira
__________________
Akira = Akira-
Counselor in Law (student) - I live it, I don't 'practice'
No post is ever intended as 'legal' advice. Lawful perspectives discussed openly.
"Pro and Con are opposites, this is plainly seen.
If progress means 'to move forward', what does congress mean?" - Nipsy Russel
"It's not the will to win, it's the will to prepare to win." - Bobby Knight
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