Arrested for possesion of illegal drugs?
Please before you use this, do your homework, and study procedure.
Allthough it is an argument court rules and procedure could be toxic for your health. Learn how to shield yourself for a contempt charge coming your way.
Courts love to shut people off specially when the defendant speaks the truth in front of the seeple.
Although I don't think abusing our temple (body) using drugs is a healthy choice, I think choice is the root of freedom as well as an un-alienable God given right. The People go to jail by the millions for possessing what the government calls "illegal drugs" and many of them loose their property to unjust forfeiture. Needless to say that my MAID is not entitled to inmunity for taking home my television just because my buddies and I make a mess she hates cleaning after Monday night football.
The SERVANT is making millions in the prison business and out of the property of the MASTER.
One thing we must take under consideration is that as a fact of law and under a law MAXIM basically the SERVANT CANNOT DEMAND FROM THE MASTER, and stealing is a crime.
Believe it or not codified law seems to be written to our advantage. The only problem we are faced with is OUR OWN IGNORANCE, of procedure, and to make sure the judge receives a judial notice along with your code pleadings at the pretrial hearing so he's got no space to run under the excuse of "I didn't know"
Another point to remember is that by just saying on the record that you are challenging the jurisdiction of the court is not a challenge whatsoever.
Standing pro per is right, appearing on special appearance is right, but to make a valid jurisdictional argument you must state on the record that "you are challenging the subject/personal jurisdiction of this court, and I'm ready to offer proof, witnesses, and evidence and my first witness is!"
The under subpoena duces tecum you put that state prosecutor on the stand under oath and let him commit contempt.
A little tip, there is NO difference between statutory law and common law; they are both COMMERCIAL IN NATURE.
Now for example a possession of controlled substance under the California Health and Safety Code.
Have you ever heard of "The California Health and Safety Department?"
It seems to me by common sense that this H&S Code was made for those who either are employed by this department or for those who are holding a license or a permit issued by this department. Then again I'm not an attorner so what do I know?
One thing I do know, is how to read, and when I read codified law, I keep in mind that it was written by attorners who want to bamboozle me out of my rights and freedom, the first thing I look for is the terms definition of a word within the code.
In statutory construction one thing you must remember is “Expressio unius est exclusio alterius (express mention of one thing implies exclusion of all others) and I don’t really care about comments on ambiguity, a fact is a fact.
After reviewing the California Health and Safety code I found a dead end.
THEY ARE ADMINISTRATIVE CHARGES
In Section 11024, some of these licensed and commercial individuals are defined: "The terms 'physicians', 'dentists', 'podiatrists', 'veterinarians' and 'optometrists'
These are persons who are licensed to practice their respective professions in this state.
And....
[Section 11377, Unauthorized Possession], [Section 11378, Possession for Sale] or [Section 11379.6, Manufacturing]. Refer to the BUSSINESS AND PROFFESIONS CODE, where in Section 23.8, a "person" must be authorized by a license, certificate, registration or other means to engage in a business or profession regulated by this Code.
But…..
The legal definition of a 'person' subject to the H & S Code is found in Section 11022 of Division 10 (the Uniform Controlled Substance Act) and states: 'Person' means "INDIVIDUAL", corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, limited liability company, or association, or any other "LEGAL ENTITY".
And.....
An "individual" definition is a "single person".......
But...
A 'Person' means individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, limited liability company, or association, or any other "legal entity".
And the only other definition left that can be close to be a "natural person" is a "legal entity"
But..........
A 'Legal entity' is defined in Black's law dictionary as: 'An entity, OTHER THAN A NATURAL PERSON?!' who has sufficient existence in legal contemplation that it can function legally, be sued or sue and make decisions through agents, as in the case of corporations.
And…….. Since we have established that…….
"Natural persons" are NOT "individuals"
And………
"Natural persons" who are not licensed under this code are NOT "legal entities"
My question is....
Where is the statutory authority to arrest "natural people" for [Health and Safety code Section 11378, Possession for Sale]?
Well, the truth is NOWHERE
This could be the evidence nessesary for a civil law suit for unlawful arrest
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