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  #1  
Old 06-30-2005, 03:10 AM
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fulltitle fulltitle is offline
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When "Pulled Over"

WITHOUT PREJUDICE
Please read all of this esp the quote from Frog Farm.

Your choice but, here is one way to handle getting "pulled over"**:

1. Turn on the interior lights.
2. Hold your license out the window before they even ask.
3. "sign" the ticket with "All Rights Reserved" or "Without Prejudice" and if they ask what that is say that "My legal counsel instructed me to do that. You'll have to talk to him/her".
4. Put into the case file a notice of reservation of rights.

Things to consider...

When they ask you "Do you know why I pulled you over?" Its a trap to say that you were 'subjected'. You can say: "I granted you special jurisidiction."

Sometimes they will ask: "Is this you?" And point to the drivers license. They may be asking if you are the DOE JOHN HENRY (strawman).

Remember you can be on the highway, the easement, the common ways. It just depends on how you look at it. If you admit to it being a highway you are admitting its the open seas..admiralty. I wouldnt get into deep discussions with cops on the roadside.

State plates I am convinced are by tacit adminstrative agreement like flags that invoke the law of the flag for that state. I've gathered that cops cant write certain tickets to people with out of state licenses or out of state tags. Also, take note of a cop's name tag: PICO-TRAINE.

**This is taken from Frog Farm #7:

"You ask, 'if (you) get PULLED OVER...' How are they going to
'pull you over', with a rope lasso? Don't you mean 'If I see a red
light behind me, and decide to grant jurisdiction by pulling over to
the side of the road voluntarily...'? See, they rarely, except in the
case of a 'felony stop", ram another vehicle. Ramming a motorcycle to
make it stop would be use of unnecessary force, and attempted
manslaughter. If I were you, I'd continue going down the road at a
safe speed until I could pull onto suitable PRIVATE PROPERTY. They
can't remove a vehicle from private property without your permission. "

***

Something to think about. Dont be stupid. Dont incite trouble. Be peaceful. Cos the presumption is that you are a belligerent and not a neutral. Side of the road isnt the place to make a stink.

Giving them a written notice of some sort (affidavit or some sort) on the roadside might be a good idea.

Last edited by fulltitle : 06-30-2005 at 03:20 AM.
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  #2  
Old 06-30-2005, 07:52 AM
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seeker seeker is offline
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Can't remove a vehicle from private property?

They do it all the time.

Years ago, my son (a young driver at the time), saw flashing lights in his rearview mirror -- since he was talking a friend home, he proceeded to the friend's home, pulled into the drive. The cop pulled in behind him an told him that they 'suspected' he had been drinking, and that they were going to tow the car. My son asked how they could do that since he was legally parked in the driveway of his friend's house. Funny, I don't remember that they gave him any answer, just hauled him physically out of the car, cuffed him and called the tow truck. They like to do that sort of thing around here, especially to young kids which they make EVERY attempt to keep from adult influence out side of themselves. Some serious abuse, threats, corecion, intimidation, etc. They just like 'the power of the badge'. Most of the LE around here are juvenile offenders themselves -- path of righteousness, I guess.

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Old 06-30-2005, 02:42 PM
leatherlips leatherlips is offline
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If you are being pulled over, don't speed, but don't stop until you get to private property like a gas station. By law they can't tow from private property without the property owner's permission. That is not the guy at the cash regester in most cases. Once they contact the owner they are suposed to wait 48 hours before they can tow. Have a spear key somewhere outside the car in one of those magnetic boxes. When you get out of the car lock the door "by accadent," and leave your keys and wallet in the car. You were all shook up and did it by accedent. Have a card, like a credit card, in your pocket, and when asked for ID hand that to him. If he uses it, then that's what he has to say in court. Never let them search your car without a signed warrant. I like one of my friend's story about his uncle who got out of his car at a lake and was getting his fishing gear out of the trunk. A game warden came up and asked him for his fishing license. He said do you see me fishing? He then hiked 3 miles up into the mountains to fish in one of the lakes up there. As soon as he droped a line in the water, the same warden steped out of the woods and asked to see his license again. He smiled, and handed it to him. Make them work for everything they get from you. After they get the warrant and search your car only to find nothing, you can at least have a little satisfaction from that.
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Old 06-30-2005, 04:08 PM
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They have been known to plant evidence. Beware!
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  #5  
Old 06-30-2005, 05:42 PM
HenryBowman
 
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Why not just hand them your DBA?

Henry Franklin
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  #6  
Old 08-15-2005, 05:27 PM
lavender
 
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Red face

Even if you are on private property and make that known to Mr. Officer man, what they did to me was take my friends plate off, and put it on "plate hold", could not get new plates until case had been "adjudicated". I was driving someone elses's car with no DL. Cop refused to identify himself, so i refused to identify myself as well. Of course I ended up in jail. I would not give prints but someone came up and bonded me out behind my back. I was there for almost 3 days, here in michigan, they keep you as long as they want, the limit I guess, then threaten you with county jail, don't know if they would have followed through tho, i had only 2 more hours to go for it to be 72 hours, I guess they forgot about 48 hour rule here. I guess I screwed up and accepted the bond, then they proceeded to finger print me, get me processed.
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Old 08-15-2005, 06:34 PM
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Livefire Livefire is offline
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lavender,

That would be grounds for a habeas corpus petition! They have to charge you or let you go.
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  #8  
Old 08-16-2005, 09:23 PM
lavender
 
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Red face

Yes, that would have been dandy, if I had someone hanging around at that time that would do that. The whole time I was tortured by sleep deprivation (Chief of Police yelling at me to cooperate and give fingerprints, I said Zerox me over a copy of that law, passed recent was it?) and laying on a 27 degree concrete floor. I didn't know what to think by then, and they were all so happy there to see me buckle under because they figured they had finally got a hit!!!!!
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Old 08-17-2005, 07:20 AM
HenryBowman
 
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Just remember this, If they are frustrated with you, you are doing something right. Don't change anything unless you are absolutely broken into doing it, and then no man can judge you, for our breaking points are all at different places.

Henry Franklin
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  #10  
Old 08-22-2005, 06:05 PM
KITCHIE KITCHIE is offline
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Hi all...

I have a little story to tell you about a traffic stop in Reno Nevada. As several of you know I do not have license plates and registration for my auto. I still have the plate I made that says Nevada Registered No. 2003126894-1 and PRIVATE NOT FOR HIRE. Here is my story and I had a witness this time.

RENO TRAFFIC STOP 05

The date was August 15, 2005, the weather was calm, the temperature about 92 degrees and the skies were blue. The place, Sierra Street Reno Nevada downtown where the casinos are. The time was 1305. The police in that area are real hard asses and they will write you up for anything they can. The following is the story of the person involved in the stop.

I was traveling south on Sierra Street with my friend Greg and I noticed a motorcycle officer in the center lane slowly driving by checking for registration. When he came to my car we were at a red light and when the light changed to proceed he got behind me and turned his lights on. So I drove to get off the main street and as I did he sounded his little horn. I pulled around the corner stopped and turned off the motor.

The officer came up to the car and said he stopped me because of license plate and registration on my car. He said “Was that issued to you by Department of Motor Vehicles?” I said “Oh no they only issue license plates for people in commerce!” He looked at me kind of funny and asked me for my Driver License. I said “Gee I don’t have it with me because I am not doing any commercial driving today and this is the automobile I do my personal business in.” So he says do you have any ID? And I said “Yes, here is a copy of my birth certificate.” He says do you have any ID with your picture on it?” I said “Gee I thought I had my Costco Card with me but its at home too.” (And I really did say “gee.”) So he goes back to his motorcycle and in the mean time I remember that I have a pix ID I made so I gave him that. He took the card and after he called the info in he came back and said “I don’t need this.”

So when he was asking me about an ID he was standing at my windshield. In the middle of my windshield it says “In my opinion Judge Fidel Salcido is an *******! And he keeps glancing at it. Me, I didn’t even notice him looking at it.

So he comes back after checking out my “papers” and says “So you don’t believe you need a Driver’s License is that right?” I said “ Well not today because I am not doing any commercial business.” Oh so then you have a Driver’s License” I said “Yes, but I signed it under duress and it says so in front of my signature.” He says “So why do you have a Driver’s License if you don’t think you need one?” Well I do have one but I left it at home it’s on the kitchen sink and he says Look I am not arguing with you and I haven’t said you’re getting a ticket. And I say “Well I am not arguing either.” And he askes me again if I believe in a Driver License and I said, “Well if I have to do any commercial driving then it good for me to have one, But so far I don’t do commercial driving.” He says “You’re a constitutionalist aren’t you.” I said “Oh well aren’t you? It was written for you ya know.” He says “And what about insurance you don’t believe in insurance either?” I said “Well in this case I agree with insurance, because there is a lien on it and the lien holder requires that I have insurance to protect his investment.” Then the officer says “Well don’t the think the lien holder would want you to register the car too?” I said “Gee, I can’t think of any benefit to the lien holder whether the car is registered or not so, (pause) no, the lien hold has no interest in that.”

Then he says “Well I could arrest you… And I could write you a citation but you probably wouldn’t sign it and then I would have to arrest you, and I don’t feel like taking you to jail so just get out of here.” I said “Thank You.” And when I drove off (laughing really really hard with my “guest”) I flashed on the fact that the cop was reading my bumper sticker about Judge Salcido being an ******* we laughed even harder!!!!!!

My friend Greg said after he discovered he had no jurisdiction to stop me, he was trying to get me to argue right to travel and constitutional rights. I just kept the whole conversation in commerce and was very friendly and smiling and absolutely NOT intimidated. The end result…no ticket no arrest and no hassle.

Kitchie
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