Arrest the judge!

[leatherlips]

IN THE JUSTICE COURT, LAS VEGAS TOWNSHIP
IN AND FOR CLARK COUNTY, STATE OF NEVADA


Christopher Hansen

c/o 2657 Windmill Pky #107

Henderson, Nevada

Defendant, in propria persona

STATE OF NEVADA,


Plaintiff,

v.

Christopher Hansen,


Private Person
Case No. 04M29549X

Dept. No. V

Notice of Arrest

Authority for the Arrest of a Justice of the Peace by a Private Person Seen by the Private Person to be Committing a Crime

I Do Not Desire to Disturb the Court

I WILL NOT ATTEMPT TO USE FORCE OR TO RESIST

Notice of Arrest and Points and Authority for the Arrest of a Justice of the Peace by a Private Person Seen by the Private Person to be Committing a Crime.

Dear Judge Bixler,
With great respect for your position and with deep fear and humility and concern for my personal safety I am sorry to inform you that I have probable cause to believe I have seen you commit violations of several laws. Therefore in order to protect my rights so that I am not left "powerless to deter misconduct or to punish such crimes" by a justice of the peace as per Imbler v. Pachtman, 424 U.S. 409, 429, (1976) which states, "We emphasize that the immunity of [judges] from liability in suits under s 1983 does not leave the public powerless to deter misconduct or to punish that which occurs."

I am hereby placing you under arrest under the authority listed herein and for the alleged violations listed herein and am immediately turning you over to the Bailiff as he is a peace officer.

Under Nevada law there is no limitation upon a private person from arresting a justice of the peace "[w]hen the offense is committed in the presence of a private person and he makes an arrest immediately after the offense is committed." (see NRS 171.136)

Authority for such an arrest in found in Title 14. Procedure in Criminal Cases, Chapter 171 of the Nevada Revised Statutes and includes but is not limited to:

NRS 171.126. Arrest by private person

A private person may arrest another:

1. For a public offense committed or attempted in his presence.

The statute does not place justices of the peace in a restricted category but places every person as being subject to arrest.


NRS 171.010. Jurisdiction of offense committed in state

Every person, whether an inhabitant of this state, or any other state, or of a territory or district of the United States, is liable to punishment by the laws of this state for a public offense committed by him therein, except where it is by law cognizable exclusively in the courts of the United States. (Emphasis added)


The United States Supreme Court in Imbler v. Pachtman, 424 U.S. 409, 429, (1976). has ruled that:


"Even judges.could be punished criminally for willful deprivations of constitutional rights on the strength of 18 U.S.C. sec. 242, the criminal analog of sec. 1983." O'Shea v. Littleton, 414 U.S. 488, 503, 94 S.Ct. 669, 679, 38 L.Ed.2d 674 (1974); cf. Gravel v. United States, 408 U.S. 606, 627, 92 S.Ct. 2614, 2628, 33 L.Ed.2d 583 (1972). (Emphasis added)

The Nevada Supreme Court twice confirmed that a private person could arrest criminal suspects in certain situations. State v. Weddell, 117 Nev. 651, 657, (2001).


"NRS 171.126, which authorizes private persons to arrest criminal suspects in certain situations."

And again in State v. Weddell, 118 Nev. 206, 210/211(2002).


"NRS 171.126 provides that a private person may arrest another person in three situations: (1) when an offense was committed or attempted in the arrestor's presence," (Emphasis added)


NRS 171.126 Arrest by private person

A private person may arrest another:

1. For a public offense committed or attempted in his presence.

2. When the person arrested has committed a felony, although not in his presence.

3. When a felony has been in fact committed, and he has reasonable cause for believing the person arrested to have committed it. (Emphasis added)


NRS 171.104 Arrest defined; by whom made. An arrest is the taking of a person into custody, in a case and in the manner authorized by law. An arrest may be made by a peace officer or by a private person.

NRS 171.136. When arrest may be made

1. If the offense charged is a felony or gross misdemeanor, the arrest may be made on any day, and at any time of day or night.

2. If it is a misdemeanor, the arrest cannot be made between the hours of 7 p.m. and 7 a.m., except:

(a) Upon the direction of a magistrate, endorsed upon the warrant;

(b) When the offense is committed in the presence of the arresting officer;

(c) When the person is found and the arrest is made in a public place or a place that is open to the public and:

(1) There is a warrant of arrest against the person; and

(2) The misdemeanor is discovered because there was probable cause for the arresting officer to stop, detain or arrest the person for another alleged violation or offense;

(d) When the offense is committed in the presence of a private person and he makes an arrest immediately after the offense is committed;

(e) When the offense charged is battery that constitutes domestic violence pursuant to NRS 33.018 and the arrest is made in the manner provided in NRS 171.137;

(f) When the offense charged is a violation of a temporary or extended order for protection against domestic violence issued pursuant to NRS 33.017 to 33.100, inclusive;

(g) When the person is already in custody as a result of another lawful arrest; or

(h) When the person voluntarily surrenders himself in response to an outstanding warrant of arrest. (Emphasis added)


LIST OF ALLEGED CRIMES

The following is a list of crimes that I have probable cause to believe you have committed by acting without a lawfully required bond made payable to the State of Nevada and filed and recorded at the office of the county clerk as per Nevada law concerning this issue.


18 U.S.C.A. § 242

Title 18. Crimes and Criminal Procedure

Part I. Crimes

Chapter 13. Civil Rights

§ 242. Deprivation of rights under color of law

Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.


NRS 207.230 Acting without lawful authority. Every person who shall, in any case not otherwise specially provided for, do any act for the doing of which a license or other authority is required by law, without having such license or other authority as required by law, shall be guilty of a misdemeanor.


NRS 197.180 Wrongful exercise of official power. Any person who willfully takes upon himself to exercise or officiate in any office or place of another, without being lawfully authorized thereto, is guilty of a gross misdemeanor.

NRS 197.200 Oppression under color of office.

1. An officer, or a person pretending to be an officer, who unlawfully and maliciously, under pretense or color of official authority:

(a) Arrests another or detains him against his will;

(b) Seizes or levies upon another's property;

(c) Dispossesses another of any lands or tenements; or

(d) Does any act whereby another person is injured in his person, property rights, commits oppression.

2. An officer or person committing oppression shall be punished:

(a) Where physical force or the immediate threat of physical force is used, for a category D felony as provided in NRS 193.130.

(b) Where no physical force or immediate threat of physical force is used, for a gross misdemeanor.


NRS 197.220 Other violations by officers. Every public officer or other person who shall willfully disobey any provision of law regulating his official conduct in cases for which no other punishment is provided shall be guilty of a misdemeanor.


NRS 193.170 Prohibited act is misdemeanor when no penalty imposed. Whenever the performance of any act is prohibited by any statute, and no penalty for the violation of such statute is imposed, the committing of such act shall be a misdemeanor.

[leatherlips]

I WILL NOT RESIST

If you threaten me with arrest or bodily harm for following these laws and attempting to protect my rights then I will have no choice but to leave or surrender as I am certainly not going to attempt to use force in a courtroom where there are men and women under your command that have guns and I am completely defenseless. I do hope it does not come to this. I have remedies at the law if you refuse to be arrested. They are listed in the Motion for reconsideration.

There are witnesses in the courtroom to observe what occurs. Everything that occurs will be reported to the press and I have many press contacts and many friends in the legislature that have asked me to keep them informed on this issue.

I do hope I have not offend you in any way and have, under the circumstance, tried to be as respectful as I can.

Thank you for your consideration as a fellow American.

Not even judges are above the law

An agency of the government must scrupulously observe rules, regulations, or procedures which it has established. When it fails to do so, its action cannot stand and the courts will strike it down. See Ex rel. Accardi v. Shaughnessy 347 U.S. 260 [1964] and In Board of Educ. of A.A. Co. v. Barbano 45 Md App 27 [1980].

"No man in this country," this court has said, "is so high that he is above the law. No officer of the law may set that law at defiance with impunity. All the officers of the Government, from the highest to the lowest, are creatures of the law, and are bound to obey it." United States v. Lee 106 U.S. 196, 220.'. Burton v. United States 202 U.S. 344 [1906].

As stated by the highest court in Maryland in Mayor of Baltimore v. Porter 18 Md. 284: "Where a limited tribunal goes beyond its jurisdiction, its decision amounts to nothing and does not create the necessity for an appeal."

Miranda v. Arizona 384 U.S. 436 [1966] `As Mr. Justice Brandeis once observed: "Decency, security and liberty alike demand that government officials shall be subjected to the same rules of conduct that are commands to the citizen. In a government of laws, existence of the government will be imperiled if it fails to observe the law scrupulously. Our Government is the potent, the omnipotent teacher. For good or for ill, it teaches the whole people by its example. Crime is contagious, If the Government becomes a lawbreaker, it breeds contempt for law; it invites every man to become a law unto himself; it invites anarchy. To declare that in the administration of the criminal law the end justifies the means ... would bring terrible retribution. Against that pernicious doctrine, this Court should resolutely set its face." Olmstead v. United States, 277 U.S. 438, 485 (1928)(dissenting opinion).' (page 479)

No man in this country is so high that he is above the law. No officer of the law may set that law at defiance with impunity. All the officers of the government, from the highest to the lowest, are creatures of the law and are bound to obey it. It is the only supreme power in our system of government, and every man who by accepting office participates in its functions is only the more strongly bound to submit to that supremacy, and to observe the limitations which it imposes upon the exercise of the authority which it gives. United States v. Lee 106 U.S. 196, 220 (All Emphasis added)


Dated: May 6th, in the year of our Lord, 2005 and in the year since our Independence of the United States of America 229.

Respectfully submitted and signed by,



______________________________

Christopher Hansen

I think I'll take out the I will not resist, but WOW. this has some good stuff in it!

I definitely believe that begging is only for the bedroom, and not the courtroom.

Bob

see, thats what im talking about. great post. until we start doing these type of things in mass, they will ignore. the civil rights movement was done this way. we have to do this. good post.

one more thing while we on this subject. its my understanding that a county coronar has the authority to arrest the sheriff. where does the bailiff fit into all this?

[weaponx71]

I love it...
I will read it very carefully and definately use it if it comes to this.. which I figure it will.
My Pre trial is in September...
lots of time to gain ammo....

I think of balls when I read things like this.

Best wishes,

[Freedomless]

This is great! This is good ammo for all. With several court cases outstanding in our community, this could be good. Thanks for posting this.