Notice To Arresting Officer

[weishaupt1776]

NOTICE TO ARRESTING OFFICER

WITH MIRANDA WARNING

NOTICE IS HEREBY GIVEN: The man or woman you have placed under arrest and have in your custody is working in the capacity of a Civil Rights Investigator. He demands all his rights at all times and does not waive any of his rights, including the right to personal time and property, at any time.


You are hereby Noticed and Warned that from the time you detained him or her your actions have been scrutinized. Every illegal and/or unlawful action you take will be documented for civil and criminal prosecution forthcoming under USC Title 18, Title 28 and Title 42 ß1983. This NOTICE is made in good faith.

AS TO CRIMINAL PROSECUTIONS: After you have given your name, badge number, rank and proof of agency, you will have the right to remain silent. Anything you say from that point forward can and will be used against you in the form of criminal affidavits and civil sanctions. You have the right to have counsel present during any interrogation or civil disclosure.


DEMANDS TO BE MET BY ARRESTING OFFICER

TO AVOID CIVIL AND CRIMINAL PENALTIES.

WARRANTLESS ARREST: You are not to arrest me unless you have seen me commit an arrestable act or omission or have exigent circumstances to cause the arrest. If you are arresting me without a warrant you must immediately take me before a judicial officer of competent jurisdiction, to determine whether the arrest was lawful, or if there was probable cause for the arrest, pursuant to clearly established law. This Demand must be met prior to booking. The Supreme Court has held that the courts are open twenty-four hours a day, seven days a week, three hundred sixty-five days a year. If you do not comply with this Demand you can and will be sued.

If you improperly arrest me without a warrant in your possession, or with a warrant that does not comply with the Fourth Amendment requirements, you can and will be sued, in your INDIVIDUAL capacity .

ARREST UPON WARRANT: The arrest warrant must be in your possession. It must be supported by an affidavit and probable cause statement attached to the warrant, as subscribed in the Fourth Amendment. The arrest shall not be based upon hearsay, unless supported by a warrant accompanied by a bona fide affidavit. Said warrant and affidavit must be based upon first hand knowledge of the affiant charging me with a felony or other infamous crime. I must be allowed the right to face my accuser. If you deny me that right it will be a Sixth Amendment violation, and if you act unreasonably in your investigation or use excessive force, it will be a Fourth Amendment violation, both of which violate clearly established law (stare decisis).

If it is later determined that the arrest was invalid you can and will be held liable for false arrest and sued, in your OFFICIAL capacity.

You may not take any of my property or wrongfully convert any of my property, such as my personal photograph or my fingerprints, without written authority and only after an adversary proceeding which complies completely with Fifth and Fourteenth Amendment due process rights, concluded with a signed order by a judicial officer of competent jurisdiction ordering the taking of said property

I must be given a phone call forthwith to contact my outside counselor friend.

I must be given pencil, paper and adequate access to a law library, to prepare my "habeas corpus."

IF YOU IGNORE THESE WARNINGS, it will show bad faith on your part and constitute prima facie evidence of your deliberate indifference to Constitutionally mandated rights. A copy of this instrument will be prima facie evidence of your bad faith. You are a Public Servant, and as such you are expected to treat me with due respect

This NOTICE has been submitted upon the demand of a driver license, a registration, proof of insurance, or any other State issued privilege permit or license and therefore is a mandatory part of the official record of any ensuing action and MUST be introduced as prima facie evidence in said action.

IT SHOULD BE NOTED that willful suppression of evidence is a felony. Any cause for action will result in a lawsuit under USC Title 18, Title 28 and Title 42 ß 1983.



Subscribed and affirmed on_____________, 200__ _____________________________________, sui juris



Traffic Stop Notice



Police Officer, Sheriff, or Law Enforcement Officer, Peace Officer, please take notice of the below information:
The individual presenting this information to you is doing so in an attempt to protect you from yourself. I have a good deal of respect for the public service job you are doing and understand how difficult it is to seek out and prosecute criminals. However, this document is presented at a ‘traffic stop’.

Where an individual is detained, without a warrant and without having committed a crime (traffic infractions are not crimes), the detention is a false arrest and false imprisonment.

Damages awarded; TREAEVANT v. CITY OF TAMPA, 241F2D.336 (11TH CIR.1984) Motorist illegally held for 23 minutes in a traffic charge was awarded $25,000 in damages. The above case sets the foundation for $75,000 dollars per hour, or $1,800,000 dollars per day.

"The Fifth Amendment provides that no person shall be compelled in any criminal case to be a witness against himself in a criminal prosecution but also privileges him not to answer official questions put to him in any other proceeding, civil or criminal, formal or informal, where the answers might incriminate him in future criminal proceedings." LEFKOWITZ v. TURLEY, 94 S. CT. 316, 414 U.S. 70 (1973)

"The privilege is not ordinarily dependent upon the nature of the proceeding in which the testimony is sought or is to be used. It applies alike to civil and criminal proceedings, wherever this might tend to subject to criminal responsibility on him who gives it. The privilege protects a mere witness as fully as it does one who is a party defendant." MC CARTHY v. ARNDSTEIN, 266 U.S. 34, 40, 45 S.CT. 16, 17, 69 L.ED. 158 (1924)

"…where the Fifth Amendment privilege against self-incrimination is involved…the court has always construed its protection to ensure that an individual is not compelled to produce evidence which later may be used against him as an accused in a criminal action… The protection does not merely encompass evidence which may lead to criminal conviction, but includes information which would furnish a link in the chain of evidence that could lead to prosecution, as well as evidence which an individual reasonably believes could be used against him in a criminal prosecution." HOFFMAN v. UNITED STATES, 341 U.S. 479, 486, 71 S.CT.814, 95L.Ed. 1, 18 (1951)

"in KASTIGAR v. UNITED STATES, 406 U.S. 441, 92 S. CT. 1653, 32 L. Ed. 212(1972), we recently reaffirmed the principle that the privilege against self incrimination can be asserted in any proceeding, civil or criminal, administrative or judicial, investigatory or adjudicatory. Id., at 444, 92 S. Ct. AT 1656; LEFKOWITZ v. TURLEY, 414 U.S. 70, 94 S. CT.316, 322, 38 L. Ed. 274 (1973).

"WE have recently noted that the privilege against self-incrimination --- the essential mainstay of our adversary system—is founded in a complex of values… To maintain a fair state individual balance, to require the government to shoulder the entire load… to protect the inviolability of the human personality, our accusatory system of criminal justice demands that the government seeking to punish an individual produce the evidence against him by its own independent labors, rather than by the cruel, simple expedient of compelling it form his own mouth… In sum, the privilege is fulfilled only when the person is guaranteed the right to remain silent unless he chooses to speak in the unfettered exercise of his own will."

"…there can be no doubt that the Fifth Amendment privilege is available outside of criminal court proceedings and serves to protect persons in all settings in which their freedom of action is curtailed in any significant way from being compelled to incriminate themselves." MIRANDA v. ARIZONA, 86 S. CT. 1602, 384 U.S. 436 (1966)

Please also NOTE: the above, as stated by the Supreme Court, are rights and privileges as guaranteed by the Constitution, and anyone (including judges) who knowingly violates those rights may be civilly and criminally liable under several federal statutes. Please see: United States Code, Title 18 Section 241 (Conspiracy against Rights), and Section 242 (Deprivation of Rights under Color of Law); Title 42 Section 1983, 1985, 1986 (Civil Rights)

Officer, I cannot and will not provide you with any information that may later be used against me in a civil or criminal proceeding. This includes producing documents that may or may not be in my possession. If there is some important information that you wish to impart upon me, please do so in a respectful manner. I do hope you will have a good day.

Respectfully submitted,

__________________________________________________
_, Sui Juris

[weishaupt1776]

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And another, Remember, I am posting for tips to my North Dakota officials, seeking to educate them to beat a few raps, Any advise ya can give them all would be appreciatted!
NOTICE TO ARRESTING OFFICER

WITH MIRANDA WARNING

NOTICE IS HEREBY GIVEN: The man or woman you have placed under arrest and have in your custody is working in the capacity of a Civil Rights Investigator. He demands all his rights at all times and does not waive any of his rights, including the right to personal time and property, at any time.


You are hereby Noticed and Warned that from the time you detained him or her your actions have been scrutinized. Every illegal and/or unlawful action you take will be documented for civil and criminal prosecution forthcoming under USC Title 18, Title 28 and Title 42 ß1983. This NOTICE is made in good faith.

AS TO CRIMINAL PROSECUTIONS: After you have given your name, badge number, rank and proof of agency, you will have the right to remain silent. Anything you say from that point forward can and will be used against you in the form of criminal affidavits and civil sanctions. You have the right to have counsel present during any interrogation or civil disclosure.


DEMANDS TO BE MET BY ARRESTING OFFICER

TO AVOID CIVIL AND CRIMINAL PENALTIES.

WARRANTLESS ARREST: You are not to arrest me unless you have seen me commit an arrestable act or omission or have exigent circumstances to cause the arrest. If you are arresting me without a warrant you must immediately take me before a judicial officer of competent jurisdiction, to determine whether the arrest was lawful, or if there was probable cause for the arrest, pursuant to clearly established law. This Demand must be met prior to booking. The Supreme Court has held that the courts are open twenty-four hours a day, seven days a week, three hundred sixty-five days a year. If you do not comply with this Demand you can and will be sued.

If you improperly arrest me without a warrant in your possession, or with a warrant that does not comply with the Fourth Amendment requirements, you can and will be sued, in your INDIVIDUAL capacity .

ARREST UPON WARRANT: The arrest warrant must be in your possession. It must be supported by an affidavit and probable cause statement attached to the warrant, as subscribed in the Fourth Amendment. The arrest shall not be based upon hearsay, unless supported by a warrant accompanied by a bona fide affidavit. Said warrant and affidavit must be based upon first hand knowledge of the affiant charging me with a felony or other infamous crime. I must be allowed the right to face my accuser. If you deny me that right it will be a Sixth Amendment violation, and if you act unreasonably in your investigation or use excessive force, it will be a Fourth Amendment violation, both of which violate clearly established law (stare decisis).

If it is later determined that the arrest was invalid you can and will be held liable for false arrest and sued, in your OFFICIAL capacity.

You may not take any of my property or wrongfully convert any of my property, such as my personal photograph or my fingerprints, without written authority and only after an adversary proceeding which complies completely with Fifth and Fourteenth Amendment due process rights, concluded with a signed order by a judicial officer of competent jurisdiction ordering the taking of said property

I must be given a phone call forthwith to contact my outside counselor friend.

I must be given pencil, paper and adequate access to a law library, to prepare my "habeas corpus."

IF YOU IGNORE THESE WARNINGS, it will show bad faith on your part and constitute prima facie evidence of your deliberate indifference to Constitutionally mandated rights. A copy of this instrument will be prima facie evidence of your bad faith. You are a Public Servant, and as such you are expected to treat me with due respect

This NOTICE has been submitted upon the demand of a driver license, a registration, proof of insurance, or any other State issued privilege permit or license and therefore is a mandatory part of the official record of any ensuing action and MUST be introduced as prima facie evidence in said action.

IT SHOULD BE NOTED that willful suppression of evidence is a felony. Any cause for action will result in a lawsuit under USC Title 18, Title 28 and Title 42 ß 1983.



Subscribed and affirmed on_____________, 200__ _____________________________________, sui juris

[Shoonra]

The only court case mentioning this ploy is State v. Booher (Tenn.Crim.App Aug. 22, 1997) 978 S.W.2d 953, where the conviction was upheld of the defendant who had used this "Notice to Arresting Officers with Miranda Warning" and some similar stunts suggested on other threads on this website.

[weasel]

where would i find a legal definition of "detain?" I see cops stopping folks and telling them they are 'detained' not 'under arrest'

[BOBT12]

Thanks for your wonderful post weishaupt1776.

Keep up the good work.

[squirrel]

Here it is from my newly aquired Blacks Revised 4th ed.

Page, 535.
Detain. To retain as the possession of personality. First Nat. Bank v. Yokom, 96 Or. 438, 189 P. 220, 221. To arrest, to check, to delay, to hinder, to hold, or keep in custody, to retard, to restrain from proceeding, to stay, to stop. People v. Smith, 17 CalApp.2d 468, 62 P.2d 436, 438.

[mrg]

Originally Posted by weasel

where would i find a legal definition of "detain?" I see cops stopping folks and telling them they are 'detained' not 'under arrest'

Detain. To retain as the possesion of personalty.

To arrest, to check, to delay, to hinder, to hold, to keep in custody, to retard, to restrain from proceeding, to stay, to stop, to withhold. State v. King, 303 S.W. 2d 930, 934.

See Confinement, Custody

Confinement. State of being confined; shut in; imprisoned; detention in penal institution.

Confinement may be by either a moral or a physical restraint, by threats of violence with a present force, or by physical restraint of the person.

See Commitment, Solitary confinement


Custody. The care and control of a thing or person.

The keeping, guarding, care, watch, inspection, preservation, or security of a thing, carrying with it the ideas of the thing being within the immediate personal care and control of the person to whose custody it is subjected.

Immediate charge and control, and not the final, absolute control of ownership, implying responsibility for the protection and preservation of the thing in custody.

Also the detainer of a man's person by virtue of lawful process or authority.


The term is very elastic and may mean actual imprisonment or physical detention or mere power, legal or physical, of imprisoning or of taking manual possession.

Within statute requiring the petitioner be "in custody" to be entitled to federal habeus corpus relief does nt neccessarily mean actual physical detention in jail or prison but rather is synonomous with restraint of of liberty. U.S.ex rel. Wirtz v. Sheehan, D.C. Wis., 319 F. Supp. 146, 147.

Accordingly, persons on probation or parole or released on bail or on own recognizance have been held to be "in custody" for purposes of habeus corpus proceedings.

Detainment. Act of detaining.

The term is used in policies of marine insurance, in the clause relating to "arrests, restraints, and detainmnets."

The last two words are construed as equivilents, each meaning the effect of superior force operating directly on the vessel.
Black's Law Dictionary 6th Edition


detain

1: to hold or keep in custody or possession
Example: property wrongfully detained
Example: a juvenile detained in a care facility

2: to restrain from proceeding
Example: detained the driver and asked to see his license
Merriam-Webster's Dictionary of Law ©1996.
Merriam-Webster, Incorporated.
Published under license with Merriam-Webster, Incorporated.

[joseph sugarman]

Originally Posted by weasel

where would i find a legal definition of "detain?" I see cops stopping folks and telling them they are 'detained' not 'under arrest'

a legal dictionary.

Joseph Sugarman, design@dream-home.com

[joseph sugarman]

Oop, I should have read all the previous before posting. But, hey you guys. If you do all the work yourselves, and give everbody the answers; when and where will they learn how to do the work. I offer the second sentence as a CYA for the first sentence as apparently I did not do all the work either.

Joseph Sugarman, design@dream-home.com

[idknow]

Originally Posted by weishaupt1776

NOTICE TO ARRESTING OFFICER

WITH MIRANDA WARNING

NOTICE IS HEREBY GIVEN: The man or woman you have placed under arrest and have in your custody is working in the capacity of a Civil Rights Investigator. He demands all his rights at all times and does not waive any of his rights, including the right to personal time and property, at any time.


You are hereby Noticed and Warned that from the time you detained him or her your actions have been scrutinized. Every illegal and/or unlawful action you take will be documented for civil and criminal prosecution forthcoming under USC Title 18, Title 28 and Title 42 ß1983. This NOTICE is made in good faith.

AS TO CRIMINAL PROSECUTIONS: After you have given your name, badge number, rank and proof of agency, you will have the right to remain silent. Anything you say from that point forward can and will be used against you in the form of criminal affidavits and civil sanctions. You have the right to have counsel present during any interrogation or civil disclosure.


DEMANDS TO BE MET BY ARRESTING OFFICER

TO AVOID CIVIL AND CRIMINAL PENALTIES.

WARRANTLESS ARREST: You are not to arrest me unless you have seen me commit an arrestable act or omission or have exigent circumstances to cause the arrest. If you are arresting me without a warrant you must immediately take me before a judicial officer of competent jurisdiction, to determine whether the arrest was lawful, or if there was probable cause for the arrest, pursuant to clearly established law. This Demand must be met prior to booking. The Supreme Court has held that the courts are open twenty-four hours a day, seven days a week, three hundred sixty-five days a year. If you do not comply with this Demand you can and will be sued.

If you improperly arrest me without a warrant in your possession, or with a warrant that does not comply with the Fourth Amendment requirements, you can and will be sued, in your INDIVIDUAL capacity .

ARREST UPON WARRANT: The arrest warrant must be in your possession. It must be supported by an affidavit and probable cause statement attached to the warrant, as subscribed in the Fourth Amendment. The arrest shall not be based upon hearsay, unless supported by a warrant accompanied by a bona fide affidavit. Said warrant and affidavit must be based upon first hand knowledge of the affiant charging me with a felony or other infamous crime. I must be allowed the right to face my accuser. If you deny me that right it will be a Sixth Amendment violation, and if you act unreasonably in your investigation or use excessive force, it will be a Fourth Amendment violation, both of which violate clearly established law (stare decisis).

If it is later determined that the arrest was invalid you can and will be held liable for false arrest and sued, in your OFFICIAL capacity.

You may not take any of my property or wrongfully convert any of my property, such as my personal photograph or my fingerprints, without written authority and only after an adversary proceeding which complies completely with Fifth and Fourteenth Amendment due process rights, concluded with a signed order by a judicial officer of competent jurisdiction ordering the taking of said property

I must be given a phone call forthwith to contact my outside counselor friend.

I must be given pencil, paper and adequate access to a law library, to prepare my "habeas corpus."

IF YOU IGNORE THESE WARNINGS, it will show bad faith on your part and constitute prima facie evidence of your deliberate indifference to Constitutionally mandated rights. A copy of this instrument will be prima facie evidence of your bad faith. You are a Public Servant, and as such you are expected to treat me with due respect

This NOTICE has been submitted upon the demand of a driver license, a registration, proof of insurance, or any other State issued privilege permit or license and therefore is a mandatory part of the official record of any ensuing action and MUST be introduced as prima facie evidence in said action.

IT SHOULD BE NOTED that willful suppression of evidence is a felony. Any cause for action will result in a lawsuit under USC Title 18, Title 28 and Title 42 ß 1983.



Subscribed and affirmed on_____________, 200__ _____________________________________, sui juris



Traffic Stop Notice



Police Officer, Sheriff, or Law Enforcement Officer, Peace Officer, please take notice of the below information:
The individual presenting this information to you is doing so in an attempt to protect you from yourself. I have a good deal of respect for the public service job you are doing and understand how difficult it is to seek out and prosecute criminals. However, this document is presented at a *traffic stop*.

Where an individual is detained, without a warrant and without having committed a crime (traffic infractions are not crimes), the detention is a false arrest and false imprisonment.

Damages awarded; TREAEVANT v. CITY OF TAMPA, 241F2D.336 (11TH CIR.1984) Motorist illegally held for 23 minutes in a traffic charge was awarded $25,000 in damages. The above case sets the foundation for $75,000 dollars per hour, or $1,800,000 dollars per day.

"The Fifth Amendment provides that no person shall be compelled in any criminal case to be a witness against himself in a criminal prosecution but also privileges him not to answer official questions put to him in any other proceeding, civil or criminal, formal or informal, where the answers might incriminate him in future criminal proceedings." LEFKOWITZ v. TURLEY, 94 S. CT. 316, 414 U.S. 70 (1973)

"The privilege is not ordinarily dependent upon the nature of the proceeding in which the testimony is sought or is to be used. It applies alike to civil and criminal proceedings, wherever this might tend to subject to criminal responsibility on him who gives it. The privilege protects a mere witness as fully as it does one who is a party defendant." MC CARTHY v. ARNDSTEIN, 266 U.S. 34, 40, 45 S.CT. 16, 17, 69 L.ED. 158 (1924)

"*where the Fifth Amendment privilege against self-incrimination is involved*the court has always construed its protection to ensure that an individual is not compelled to produce evidence which later may be used against him as an accused in a criminal action* The protection does not merely encompass evidence which may lead to criminal conviction, but includes information which would furnish a link in the chain of evidence that could lead to prosecution, as well as evidence which an individual reasonably believes could be used against him in a criminal prosecution." HOFFMAN v. UNITED STATES, 341 U.S. 479, 486, 71 S.CT.814, 95L.Ed. 1, 18 (1951)

"in KASTIGAR v. UNITED STATES, 406 U.S. 441, 92 S. CT. 1653, 32 L. Ed. 212(1972), we recently reaffirmed the principle that the privilege against self incrimination can be asserted in any proceeding, civil or criminal, administrative or judicial, investigatory or adjudicatory. Id., at 444, 92 S. Ct. AT 1656; LEFKOWITZ v. TURLEY, 414 U.S. 70, 94 S. CT.316, 322, 38 L. Ed. 274 (1973).

"WE have recently noted that the privilege against self-incrimination --- the essential mainstay of our adversary system*is founded in a complex of values* To maintain a fair state individual balance, to require the government to shoulder the entire load* to protect the inviolability of the human personality, our accusatory system of criminal justice demands that the government seeking to punish an individual produce the evidence against him by its own independent labors, rather than by the cruel, simple expedient of compelling it form his own mouth* In sum, the privilege is fulfilled only when the person is guaranteed the right to remain silent unless he chooses to speak in the unfettered exercise of his own will."

"*there can be no doubt that the Fifth Amendment privilege is available outside of criminal court proceedings and serves to protect persons in all settings in which their freedom of action is curtailed in any significant way from being compelled to incriminate themselves." MIRANDA v. ARIZONA, 86 S. CT. 1602, 384 U.S. 436 (1966)

Please also NOTE: the above, as stated by the Supreme Court, are rights and privileges as guaranteed by the Constitution, and anyone (including judges) who knowingly violates those rights may be civilly and criminally liable under several federal statutes. Please see: United States Code, Title 18 Section 241 (Conspiracy against Rights), and Section 242 (Deprivation of Rights under Color of Law); Title 42 Section 1983, 1985, 1986 (Civil Rights)

Officer, I cannot and will not provide you with any information that may later be used against me in a civil or criminal proceeding. This includes producing documents that may or may not be in my possession. If there is some important information that you wish to impart upon me, please do so in a respectful manner. I do hope you will have a good day.

Respectfully submitted,

__________________________________________________
_, Sui Juris

eggzellent and awesome post, worthy to be saved locally!

thank you.