Cody's Right To Travel

[Codee]

I stood out side the Grass Valley Police Department with picket signs saying "GVPD discriminates against youth" and "F**K GVPD" Signs on the main strip of GV for over 72 hours in the snow. I had every kid from the street and parks involved and had a continuous 6 person+ presence for over 3 days. It was great. It was in the paper and the Police Chief called me into negotiate (terms of surrender?) The streets were once again the kids'.

I may just do that someday Al.

[Codee]

Originally Posted by ezrhythm

Aaaah, the sweet smell of victory! Praise to the Father for true justice!
Thank You for all your posts Codee.

I got it down to one page! That has been a major goal of mine for almost a year. I am very excited!

[Codee]

And here is his story...

Originally Posted by Cole

So the day started with moving out of my house in sacramento, and while taking a lunch break, i am driving down La Riviera (35mph speed zone), but because i am an anxious kinda guy, i am clocked doing 50 mph by a Motorcycle Cop. And this is a problem for me. This ticket would add a thrid point on my record, which would cause me to loose my license and cause my insurance to go up. THEN, A BRIGHT SPOT IN THE SHADOWS! From past conversations, i recalled having a close neighbor and friend who is brilliant in law and government. His name is Cody, and with his essays, i submitted a one page motion to dismiss. I must admit i was unsure how well this move would work, but when my i attended my trial after pleading not guilty, an interesting thing happend. The a$$hole who wanted to cite me for my driving, decided not to show up! And even more amazing, was that i was the only person at court that day who's arresting officer did not show up. Call it goodluck or fear of getting punked, but thanks to Cody i was prepared for my trial and my citation was dismissed.
-C

[Codee]

So hopefully back on track...

CAl. Penal Code

830.2. The following persons are peace officers whose authority extends to any place in the state:
(a) Any member of the Department of the California Highway Patrol including those members designated under subdivision (a) of Section 2250.1 of the Vehicle Code, provided that the primary duty of the peace officer is the enforcement of any law relating to the use or operation of vehicles upon the highways, or laws pertaining to the provision of police services for the protection of state officers, state properties, and the occupants of state properties, or both, as set forth in the Vehicle Code and Government Code.

Originally Posted by Bouvier's Law Dictionary

USE, civil law. A right of receiving so much of the natural profits of a thing as is necessary to daily sustenance; it differs from usufruct, which is a right not only to use but to enjoy. 1 Browne's Civ. Law, 184; Lecons Elem. du Dr. Civ. Rom. §414, 416.

Originally Posted by Bouvier's Law Dictionary

USUFRUCT, civil law. The right of enjoying a thing, the property of which is vested in another, and to draw from the same all the profit, utility and advantage which it may produce, provided it be without altering the substance of the thing.

2. The obligation of not altering the substance of the thing, however, takes place only in the case of a complete usufruct.

3. Usufructs are of two kinds; perfect and imperfect. Perfect usufruct, which is of things which the usufructuary can enjoy without altering their substance, though their substance may be diminished or deteriorated naturally by time or by the use to which they are applied; as a house, a piece of land, animals, furniture and other movable effects. Imperfect or quasi usufruct, which is of things which would be useless to the usufructuary if be did not consume and expend them, or change the substance of them, as money, grain, liquors. Civ. Code of Louis. art. 525, et seq.; 1 Browne's Civ. Law, 184; Poth. Tr. du Douaire, n. 194; Ayl. Pand. 319; Poth. Pand. tom. 6, p. 91; Lecons El. du Dr. Civ. Rom. 414 Inst. lib. 2, t. 4; Dig. lib. 7, t. 1, 1. 1 Code, lib. 3, t. 33; 1 Bouv. Inst. Theolo. ps. 1, c. 1, art. 2, p. 76.

Originally Posted by Bouvier's Law Dictionary

ENJOYMENT. The right which a man possesses of receiving all the product of a thing for his necessity, his use, or his pleasure.

So if I am using my car that does not mean I am enjoying it. If I am enjoying my car then I may not be using it. So now I am enjoying my car… and I am not operating my car. Thus there is no power of peace officer granted that I see.

When it is my own property it is enjoyment. When it is anothers it is use and USUFRUCT. The peace officer's jurisdiction is for crimes and public offenses AND power over state property and employees (If there is a difference in the latter.)

[Codee]

Originally Posted by California Vehicle Code

2409. All members of the California Highway Patrol have the powers of a peace officer as provided in Section 830.2 of the Penal Code.

Originally Posted by California Penal Code

830.2. The following persons are peace officers whose authority extends to any place in the state:
(a) Any member of the Department of the California Highway Patrol including those members designated under subdivision (a) of Section 2250.1 of the Vehicle Code, provided that the primary duty of the peace officer is the enforcement of any law relating to the use or operation of vehicles upon the highways, or laws pertaining to the provision of police services for the protection of state officers, state properties, and the occupants of state properties, or both, as set forth in the Vehicle Code and Government Code.

Still waiting for the authority to enforce enjoyment of the vehicle.

OK so now for the whopper. We alreday went over "driving" correct and that is the term for what I do with my car. I do not "Use" my car. I drive it. Simple and done. Where is the authority to enforce as a peace officer the "driving" of a car?

[Codee]

And here is the authority for the DCHP to make arrests for law involving personal injury IE crimes. (personal injury means internaional jurisdiction. That is the cops jurisdiction. You injured another sovereign and now there is going to be some LAW.)

Originally Posted by California Vehicle Code

2412. All members of the California Highway Patrol may investigate accidents resulting in personal injuries or death and gather evidence for the purpose of prosecuting the person or persons guilty of any violation of the law contributing to the happening of such accident.

Now you have to keep in mind that there is statutes giving DCHP all the powers of the former CHP.

[Codee]

OK T. P...

Here we go. I got PM from someone curious about this stuff but he lived in Georgia! I also love to play blackjack and like Atlanta rap alot (I may just go there someday)... So today at lunch I perused through the Georgia Code. Now this is just my take on it. I only spent 45 minutes so please excuse the lack of authority behind this section of research... I just want people to know that they need to read their codes closely,,, VERY closely. If you are reading them closely,,, read them closer. Looking closely at the statutes is your first line of remedy which could lead to SMJ. Refusal is the second. The supreme court is your LAST. That’s my order,,, love it or leave it. But here I present my Georgia research fresh off the plate.

GEORGIA CODES WORTH KNOWING

Georgia Annotated Codes

1-2-1.
(a) There are two classes of persons: natural and artificial.
(b) Corporations are artificial persons. They are creatures of the law and, except insofar as the law forbids it, they are subject to be changed, modified, or destroyed at the will of their creator.

1-3-1.
(a) In all interpretations of statutes, the courts shall look diligently for the intention of the General Assembly, keeping in view at all times the old law, the evil, and the remedy. Grammatical errors shall not vitiate a law. A transposition of words and clauses may be resorted to when a sentence or clause is without meaning as it stands.

(b) In all interpretations of statutes, the ordinary signification shall be applied to all words, except words of art or words connected with a particular trade or subject matter, which shall have the signification attached to them by experts in such trade or with reference to such subject matter.
…
(d) In addition to the rules for construction prescribed in subsections (a) through (c) of this Code section, the rules provided in this subsection shall govern the construction of all statutes with respect to the subjects enumerated.

40-13-2.
The Board of Public Safety, by rule and regulation, shall establish a system of accountability for all traffic citations and complaints, and it shall also provide the procedures governing the use and issuance of such citations and complaints.

40-13-2.1.
(a) A person who is issued a citation as provided in this chapter or Code Section 17-6-11, relating to display of driver´s license in lieu of bail, shall sign the citation to acknowledge receipt of the citation and of his or her obligation to appear for trial. The officer shall advise the person that signing the citation is not an admission of guilt and that failure to sign will result in the person having to post a cash bond. If the person refuses to sign the citation, it shall constitute reasonable cause to believe that the person will not appear at trial and the officer may bring the person before a judicial officer or traffic violations bureau to post a bond as is otherwise provided by law.

40-13-21.
(a) The probate courts and municipal courts of the incorporated towns and cities of this state, acting by and through the judges or presiding officers thereof, shall have the right and power to conduct trials, receive pleas of guilty, and impose sentence, in the manner required by law, upon defendants violating any and all criminal laws of this state relating to traffic upon the public roads, streets, and highways of this state where the penalty for the offense does not exceed that of the grade of misdemeanor.

So now we got to find out what is criminal...

[Codee]

More Georgia

Originally Posted by http://www.ifes.ge/files/laws/criminal_code.html

CHAPTER 3
Ground For Criminal Liability; Categories Of Offenses
Art. 7. Ground for criminal liability
1) Offense, i.e. an illegal action committed guiltily under this Code, is a ground for criminal liability.

2) The action, which formally contains the elements of any action provided by this Code, but due to its insignificance has not caused any damage, or has not created a risk of any damage, which would necessitate criminal prosecution of a perpetrator, shall not be considered an offense.

There is pattern here to the codes... who sees it?

1) the codes may or may not apply to natural persons.

2) If the code does apply to natural persons I look to see if there is a smaller subset that the code is restricted to.

3) If the code is applicable to all persons including people like me, then I look to the violation. I look at how the violation is categorized.

4) Then I look for the authority to prosecute that class of violation. I usually do not find it.

95% of statutes I have found making it in someway illeagal to do that which harms no one, are not applicable to me.

This all just my opinion however and all should think for themselves.

[Codee]

So lets take a look now at the AUTHORITY of the state of Georgia... I just saw in my opinion that non-injury violations are not "offenses." Did any one else reach that conclusion?

CHAPTER 2
The Scope Of Validity Of The Criminal Law

Art. 4. The validity of criminal law with respect to offenses committed within the territory of Georgia

1. Those, who commit an offense within the territory of Georgia will be criminally prosecuted under this Code.

2. An offense will be considered as committed within the territory of Georgia, if it has started, continued, finished or stopped within the territory of Georgia. This Code is valid with respect to the offenses that have been committed within the continental shelf or special economic zone of Georgia.

3. Those, who commit an offense on or against the vessel, which is located on the high seas or in the air and which flies the Georgian flag or carries Georgian identification, will be criminally prosecuted under this Code, if not otherwise provided by an international treaty to which Georgia is a party.

4. Those, who commit an offense on or against a military warship or military aircraft of Georgia, shall be criminally prosecuted under this Code, irrespective of their location.

5. If a diplomatic representative of a foreign country or a person, who enjoys diplomatic immunity, commits an offense within the territory of Georgia, the issue of their criminal prosecution shall be settled in accordance with international norms.

I wonder if running a red light is an offense if I injure nobody???

[rentiap]

Originally Posted by Codee

So lets take a look now at the AUTHORITY of the state of Georgia... I just saw in my opinion that non-injury violations are not "offenses." Did any one else reach that conclusion?



I wonder if running a red light is an offense if I injure nobody???

Only when a government exists in nature.
And when a baby girl is born at the boyscout jamboree automatically makes it a boyscout.
And when a living, breathing, flesh and blood spirit being can be born in a fictitional entity such as the United States.
And when a two legged dog ...........