Today was my first traffic experiment with Clickit or bend over

I pulled up on a Clickit or ticket campaign.



Ohhhh boy. Let's see what the deal is with "not consenting."



Me: "I do NOT concent to this conversation."

Officer Tyrant: "Do you have a license?"

Me: "I do NOT concent to this conversation."

Him: "Do you have a license? It you refuse to show me a license, I can take you to jail."

Me: You are telling me that if I do not show you a license, you are going to take me to jail?

Him: Yes

At this point, I ask him what law requires it. He said 20-29.



I show him the license.



He thanks me and tells me to have a nice day.



What did I learn?



If you are going to go, go all out.



I went into this half knowledgable and half (if that) prepared.



When I change my status, I will know better how to respond.



I am working on it, but today, I got bolder.



Bastards. I'm getting myself in order. There will be a day when Officer friendly will wish he didn't know my name...

[Ice]

Would you believe me if I told you that they cannot take you to jail for "traffic violations"? He was actually going to attempt to charge you with something other than a traffic violation.



Read the law he quoted to you... and you'll probably find out that he couldn't have taken you to jail under that law either. It was probably something about interferring with an officer in the performance of his duties. His duties do not include harassing citizens at a "gestapo stop".



It may be time for some folks to start challenging these type of traffic stop/roadblocks their putting up to check for seatbelts and such. Isn't there something about "probable cause"??... and isn't there something about not being unlawfully detained??... and can't you be compensated for it when you are???



Think on it friends.

[Jerseee]

HB,



It looks like you did a good job. have you ever thought about the right to travel? You were not driving.

I'm working on it jerseee.



My first proiroty is the Equity Line CPN, and the Mortgage.



Then the Right to travel will follow.



Thanks !!!

[KingC]

Yeah i am learning how to file petitions, motions, writs and stuff.. like that.. so when i am in traffic court i can defend myself.. but i am excited to learn how to apply it to different situations..

i have the cornforth books and it is different than traffic but the same techniques could be used because i don't have mortgage to worry about now. just getting my license reinstated so i can work and get my life on..

[weishaupt1776]

HB, how would you handle it now?

[test]

Henry Franklin, were you using the seatbealt when you were stopped or not?

[ezrhythm]

No probable cause, no investigation, no talkee to copee.
Nothing says they can't lie. If you find something that does, let me know.

Detention must be based on specific, articulable facts and rational
inference. "Unparticularized suspicion" and "inarticulate hunches"
alone are not good enough. A valid "investigative stop" must be based
on "reasonable articulable suspicion"(RAS)
US vs. Briggman, 931 F2d 705 (1991)
US vs. Strickland, 902 F2d 937 (1990)
US vs. Stranhan, 984 F2d 155 (1993)

Pretextual traffic stops are a violation of the 4th Amendment.
US vs. Eldridge, 984 F2d 943 (1993)
2. The Initial Questioning

I may refuse to provide the police with ID or information.
US vs. Brown, 731 F2d 1491 (1984)
Moya vs. US, 761 F2d 322 (1985)
Brown vs. Texas, 443 F2d 47 (1993)

I may not be arrested solely to ascertain my identity.
Arrington vs. McDonald, 808 F2d 466 (1986)

http://justiceprose.8m.com/carl/carl14.html

[Big Al]

In Admiralty court they do not have to listen to any Law. Using all these sites means nothing in these Kangaroo courts, They play the hearsay rule and don't allow it in. However under the Federal rules of criminal procedures (rule 8) you can beat them by recording all these sites with the county recorder. Not only you can use it but anyone else that has the need. Maybe the shotgun effect would really work well. Hit them with everything in the record at the recorders office. In fact that list will be huge. Just a thought!

[Shoonra]

From the North Carolina General Statutes:

§ 20‑29. Surrender of license.

Any person operating or in charge of a motor vehicle, when requested by an officer in uniform , or, in the event of accident in which the vehicle which he is operating or in charge of shall be involved, when requested by any other person, who shall refuse to write his name for the purpose of identification or to give his name and address and the name and address of the owner of such vehicle, or who shall give a false name or address, or who shall refuse, on demand of such officer or such other person, to produce his license and exhibit same to such officer or such other person for the purpose of examination, or who shall refuse to surrender his license on demand of the Division, or fail to produce same when requested by a court of this State, shall be guilty of a Class 2 misdemeanor. Pickup notices for drivers' licenses or revocation or suspension of license notices and orders or demands issued by the Division for the surrender of such licenses may be served and executed by patrolmen or other peace officers or may be served in accordance with G.S. 20‑48. Patrolmen and peace officers, while serving and executing such notices, orders and demands, shall have all the power and authority possessed by peace officers when serving the executing warrants charging violations of the criminal laws of the State. (1935, c. 52, s. 23; 1949, c. 583, s. 7; 1975, c. 716, s. 5; 1979, c. 667, s. 25; 1981, c. 938, s. 1; 1993, c. 539, s. 323; 1994, Ex. Sess., c. 24, s. 14(c).)

In other words, sinice you were operating a vehicle, the policeman did have a right to require you to show him your DL, and if you didn't then you were at least committing a violation of this law .... or possibly driving without being licensed. In either case, he could arrest you and prevent you from driving away until it could be established that you were licensed to drive.