
01-13-2005, 02:06 AM
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Taken into Custody, Timeframe?
Does anyone know if there is a standard time, or is it different by each state, about how long you can be held in custody without giving fingerprints. I was held for 69 hours, repeatedly harassed by the head sargent, chief of police to give fingerprints, then 3 hours before 72 hours was up, these two came back to me and said I would be taken down to the big county and by a court order "forced to give prints". What happened then is a friend came up and posted $500.00 bond, unbeknown to me,(I was going to wait this out to call their bluff) I kept asking the both of those guys, "What law are you referring to in regards to my being compelled to give you prints?" They looked at me disgusted, walked away, very pissed. Since my friend was there, I relented and gave prints, then signed "under duress" next to my name. I am in Michigan. Court is 1-21, soon. I then, before I was allowed to leave, was placed in front of the "TV" judge, who entered a plea for me, without my consent!!! I stated I couldn't enter a plea without talking to someone first. So what I determined is that I couldn't even be charged until they verified who I was. Since i signed under duress, they can't use that in court to identify me for sure,, I believe. Any feedback? Should I go file a complaint with this city about violation of 4th Amendment rights, threats, coercion? before this case goes into the next stage?
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01-13-2005, 02:14 AM
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The Outta Commissiona
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Join Date: Oct 2004
Location: Florida Republic
Posts: 5,417
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Is this civil as opposed to criminal?
have you looked up what code they are using?
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01-13-2005, 03:35 AM
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Mental Jujitsu
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Join Date: Oct 2004
Posts: 823
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How?????
The jest of it is they are trying to get relief when they have failed to state a claim on which relief can be granted. Did you injure someone? Did you damage someone property? Did you kill someone? If the answer to all the questions asked is no, then how can they get relief? The number one question they need to answer for you is who has a claim against you? If no one has a claim against you, how can relief be granted? Ask them!!!!!!
__________________
And speaking of successes - congrats to gregtu: you just made the 10,000th post on suijuris.
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01-13-2005, 05:45 AM
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Weishaupt, I believe the Mich code is 257.9041C, which doesn't state up front whether this is civil, there was no citation issued. It looks like it is a criminal matter in their eyes. The person who is going to suffer is the one who let me use his car, because if they cancel his plate, they might as well steal his car as well. I believe he didn't know I didn't have a DL at the time. I would like to know at this point, will it do any good to file a formal complaint with the city against the officer, and the chief of police for intimidation, threat of force, and violation of 4th and 5th Amendment rights? Will this halt my case until this is investigated? I know it could prevent them from getting any promotions.
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01-13-2005, 07:09 AM
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RE: Taken Into Custody
Greetings Lavender,
For a quick answer to your initial question, I believe it is customarily 48 hours. And I think this can be found in your state rules of criminal procedure on arraignment, possibly rule 5? But, let me just say that I was held in solitary confinement for 15 days. Because I would not voluntarily partake in their festivities, (declined to give a name, or any other information, including prints, photos) they didn't know what else to do with me. And I was way too high profile and right to let go. A very close and like-minded friend of mine was held in solitary for 47 days, but they still got no prints, photos, etc. IT IS ALL VOLUNTARY AND THEY KNOW IT. In my ordeal, I even proved that they can't bring you to court, if you decline to go. Right from the initial contact, MAKE THEM PHYSICALLY DRAG YOU!!! If everyone did this, you'd see alot less traitors volunteering for the job.
For a more in depth look as to how to deal with such situations, you can go to http://www.ecclesia.org. When you get there, click on Christ's Lawful Assembly down the center column. Scroll down to "When they bring you unto the magistrates". At this point, you will see "Invoking God's Truth in Court". That's the one that will explain one way to deal with a scenario similar to what you went through.
By the way, the 48 hour rule pertains to arraignment, as I said; not specifically to taking fingerprints. They have to get you before a "judge" within that timeframe. Think about something for a minute, why would they need your signature, photo and prints, if you haven't even been arraigned yet? And this nonsense of drivethrough arraignments(video) is voluntary, as well. You had the right to demand to be brought directly before a magistrate. And then you had the right to demand that your accuser ( the injured party with first hand knowledge) be brought before you, for starters.
Sincerely,
truth
Last edited by truth : 01-13-2005 at 07:13 AM.
Reason: Dah ... I forgot the word "be".
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01-13-2005, 01:08 PM
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Truth, I applaud your post!! Awesome! I am going to try to look up that rule for my state, to see if they that arrested me, kept me too long before I went forcibly before a judge, who, without my consent, entered a plea for me. I did not know that the limit was 48 hours. I was kept 3 hours short of 72 hours. I went to that website under the topic you said to look through. They are saying on this site not to even go to court, to let them get you!! I live in a small town where the police station is just a block and a half away from here. I think they suspect the car I have, belongs to a friend, as I entered the city hall (attached to the police station), parked in the front, they must have had cameras there to check this out. They stole keys from my pocket to burglarize my friend's car where my purse was contained, unfortunately, with all my ID, everything, including SS card. If they take me into custody, with my friends car, registered plates in his name, he loses that car too. I am really scared to live here now. I have never caused anyone a problem, but I seem to get the lion's share now. My phone is also being tapped, I am 100% sure of this too. The one thing I could do is have my nephew who was with me sign an affidavit saying, the truth that I did not run a stop sign! AHHHHHH!!!!!
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