Constitutional scholar Judge Andrew Napolitano tackles one of the most pressing issues of our time – should an individual be able to watch and record law enforcement policing actions on public property, as well as on his or her own property?
Cameras now appear on just about every major intersection in the country, at sporting events, malls, train stations and airports, and just about any other public place a person would visit. Local, state and Federal governments have unprecedented access to peek into the lives of every single American. It makes one wonder, then, why a Constitutionally protected American is regularly coming under fire from police and prosecutors for doing the exact same thing the government says is necessary to protect our safety and our freedom. All of these cameras are purported to be here to keep us safe.
We argue that the very same holds true for the citizenry’s ability to self-protect against harm or harmful intent from individuals public and private.
There are over 300 million cell phone subscriptions in the United States, and a majority of those mobile devices have digital cameras built in. The power is in our hands, and its obvious by the protests coming from the government sector that this is the single most important weapon and tool that the public has to ensure individual and domestic tranquility through prevention of criminal activity, be it initiated by a private individual or someone who is performing their duties under the banner of of the law.
If a reporter were to write a story about a particular incident describing how law enforcement brutally beat a suspect and ran it on the front page of a major newspaper, there may be protests from government officials, but there would more than likely be no criminal prosecution. A written record, it seems, is a perfectly acceptable medium. If the same incident is recorded via a digital device like a camera or microphone, especially by an average person on the street and published on Youtube, many states and localalities would be prepared to prosecute. In fact, many already have, and there are numerous accounts of individuals facing excessive jail time for just this “crime” – one person as much as 75 years.
There is absolutely no logical argument that can be put forth for why a private individual cannot make a record – written, digital video and audio, or otherwise – of a public official acting in an official capacity on public land. Judge Napolitano makes a strong case for why this is a natural right – one we’re born with – that cannot be outlawed, except by a police state who views their electorate as slaves or animals rather than human beings:
The issue is not if the police have the right to shoot – a jury will decide that. The issue is, do we have the right to watch and record the police when they shoot?
The answer is, of course we do.
Demanding accountability and defending your rights against the police specifically, and the government generally, are difficult and dangerous tasks…it would be very risky to stand up to the government when it is wrong, especially so with the police.
…It’s dangerous to be right when the government is wrong… nowhere is this more obvious then when the police are caught breaking the law. From Maryland to Illinois the government cracks down, not on police who violate your Constitutional rights, but on those who film the police who violate your Constitutional rights.
That’s wrong. No matter what the state or local law may say, your Constitutional rights to film the police in the course of their duties or when they are present on private property where the owner permits you to film trumps any law to the contrary.
That’s so because your right to watch the government and record what you see is a natural right that is protected by the Constitution, and it cannot be taken away by the government.
A note pad, microphone or camera is a tool to catalog, archive and record events. Humans have done it throughout history. By allowing government the ability to take away this most basic of rights is to take away our very nature as humans.
It’s as simple as that.
Watch the Judge Lay It Out In Terms Even a Government Myrmidon Can Understand:
Lets use what they always say…
“If you police officers are not doing anything wrong and you do not have anything to hide, then you have nothing to be worried about when we capture you on video”.
How dare any public servant or police officer say we can not video them doing their job, while they are being paid by us.
We pay them, they work for us, we are the ultimate bosses of them. Not to mention, with all the red light cameras, dashboard cameras and public area cameras videoing everything we do…. how dare they say we should not video them? That is redonkulous
See something….. say something….
Thank God. We are not under “Totalitarianism”:
SEE NO EVIL, HEAR NO EVIL OR SPEAK NO EVIL.
If you do, kiss your liberty good-bye.
At the moment:
All police patrol vehicles have on board cameras operational while the police car is on duty.
While they are on duty, the police can record voice conversation.
How’s about sending recording videos to the news media, they are not required to disclose their sources.
WTH??? The last thing they want to world to see is you marching to DC with all kinds of signs.
In order to survive we have to get sneakier every day, so we can outwit these so called “Dream Team Lawyers”.
I sure lost my innocent over this.
Thanks a lot Lawyers.
Thankfully, videotaping police operations as they happen have become *very* commonplace, at least around here. Same with LA, if I remember right.
I have seen instances where local police (elsewhere) have tried to intimidate someone into turning off the camera, but if it’s in public, you can tape it to your hearts’ content. As long as you’re not in their physical way while recording, they literally cannot stop you from recording it, for any reason.
With most cell phones having better and better camera abilities, this should be easy for anyone to do should they witness something going on.
Personally, I’m all for keeping them honest. The good cops among them are okay with it as well.
Wow, how is this for a timely addition to this story?
Posted on KC Star on Sun, Jun. 12, 2011 11:08 PM
“ear-mounted cameras serve as witnesses for JoCo deputies”
The KC Star sometimes deletes stories, so in case that happens, for future readers, here is the gist of it….. credit to the KC Star for all of this info.
This is Taser International’s new device, the same people who brought you police zappers in the 1990s. The camera units cost about $1,700 each and about $1,300 more a year to store the digital video, he said. Johnson County Kansas deputies are using them so far for domestic violence calls, on SWAT teams, for warrant searches and to document sobriety tests.
“”It’s all hard-wired. The ear camera plugs into a chest unit that connects to a police radio and to a belt computer with a video monitor — all like something out of Batman. It can be mounted on the helmet of a traffic officer, who could show a driver his violation.
If an officer is following a driver in a car who throws something out the window, the officer can also use it to get a GPS location.
At the end of shift, an officer plugs the gear into a docking station that encrypts the video and stores it on a Taser website. The officer can also use the video to help quickly fill out paperwork reports.””
picture of the device-
So now, we just need to disribute these fun little toys to all observing citizens, and we can live happily ever after.
wonder what the cop would think as you have one on your ear too as he pulls you over and comes to your window pistol pulled and ready to shoot…
honestly Mr. officer, for doing 5 over? please!
I say what ever is good for the goose is good for the gander..if they dont like it, tuff shit welcome to the information age coppers..step outof line they can take you away too, mr blue shirt..Union or no union..the camera tells it all.
im sure there will be a lot of cops that will just say..”Oh how convieniently the camera fell off..or is still on the seat of my cruiser..
no problem officer..I have my own tape of what went down
what needs to happen is personal accountability..we need to be able to sue the police on a personal level if they step out of line..they are protected by their unions, and the courts. and too many paid days off after they violate someones rights..this needs to change.
the tax payers are paying for these thugs when they step out of line, that is giving them a safety net to infringe upon us and not feel the pain of violating our rights..
we need a law for us…to combat this.
once a few cops are sued and out of work, it will cement the fact that they are to be public servants, not government goons with no fiancial risk at violating the public trust
Got one even better (and it includes a happy ending… err, no, not the massage parlor kind, I meant the storybook kind) :
Amen & awesome…thanks for sharing 🙂
A. Weiner wants one.
Is there no limit to the oppression a formerly free people will tolerate? Apparently not. Just keep broadcasting “Dancing with the Celebrity Apprentice Survivor Idol Stars” and plenty of sports and we’ll gladly keep our disinterested lazy ass on the couch where it belongs. *Hey, as long as it aint me getting my skull cracked by Barney Fife, then I don’t want to know about it. Besides, the people getting roughed up are all black, mexican or dope fiends so they probably deserve it. The cops would never use the same tactics on me, would they?
Where are the MEN in this country? Have we been totally emasculated? If we all wait til it’s us or our neighborhood getting the shaft then the tyrants will take us all out, one by one by one….
We need a plan and some leadership on combating these outrageous abuses of power. Is there an articulate badass somewhere in america that will volunteer? (and don’t ask me to, I’m only 14% articulate and 11% badass. The rest of me is on the couch watching tv)
*Note for readers in Berkley: portions of this comment contain sarcasm, sodium nitrate and red dye #2
I, like many others, would gladly volunteer. However, one broke redneck with an IQ of 150 and a face made for radio will not gain a large following.
What is needed is for everyone to do their own civil disobedience in a way that benefits them as individuals, as that is what the law protects (in theory).
When enough individuals have told the corp to go screw itself, it will strike a deadly blow against the People that WILL be enough to wake the remainder so the transition can be completed.
Imagine if one out of three people a revenue generating traffic officer stopped refused to show him corp property (drivers license), evidence of limited liability (insurance), and proof the car was corp property (registration).
In no time at all, they would have to stop asking because the courts would not be able to take it all. And what if all of those wrongfully cited would DEMAND a jury trial through the application of the Constitution.
It’s your RIGHTS at stake. Nobody is going to come along and help you take them back, and nobody is going to fight someone else over giving them to you. Especially a corp that has none to give and can put them in a cage for a long time.
The battle will begin only when enough People have taken back their Liberty that it poses a threat to the corp. That will happen ONE MAN AT A TIME.
You are one sanctimonious and self-rightious bastard.
I think I am going to cry.
Ask yourself “why is this guy gets under my skin”?
I wish I was an Oscar Mayer Weiner then everybody would be in love with me. What is your definition of a wide load & what is the shelf life of a twinkie/snowball?
If it don’t need an escort car it aint wide enough. Recent archeological digs have uncovered 4000 yr old twinkies, and they still tasted great!
And a white snowball? They have that rubber thing over the top of them and cardboard on the bottom for staying fresh even longer.
They will be recorded on a hard drive if they come to my house, and soon they will be on camera if they poke their head in my trucks window..or at least on my cell phone.
I have a permit to carry..I have never been stopped by the police since i got it over 10 years ago..Im wondering how that will all go down when that time comes.
It will definetly be filmed or at least recorded in sound with my cell phone.
Belive it or not, they still dont have protocall for stopping a person with a CPL..do you hand the cop your loaded weapon? do you muzzle sweep everyone in your car as you hand it over?..do you unload it as they sit and watch?..mine is locked coked and ready to rock..
would the other cop with him know that you are legal and that his partner asked to have it, seeing you pull the pistol will you get shot?
or will the cop just ask you to exit the vehicle (everyone) so as not to be within arms length of the weapon?
they dont have protocall from what an officer told me from up here in my state..
all I have to say is if they confront me, they will be held to their behavior if not professional and curtious..
remember cops, an armed society is a polite society..it works for you in blue too.
Im the ass hole that signs your check, remember?
Instead of handing the officer a license, hand him a release for the recording of the encounter and tell him you will not proceed until he signs it. Roll up your window and wait. The NOTICE you give him should state that should he attempt further business with you it will be taken as consent for recording.
He either signs it, or refuses to sign and gives his consent by being an asshole.
Remember, when being attacked by an officer of the corp, you have the rights of the corp because you are a part of it. The corp is commerce, as are it’s courts. If an officer is acting as a revenue agent, that is to say it initiated the contact, treat it as a matter of contract. You are the contracting party, so you have control over the terms the court will see.
If you are forced to sign anything, preserve your rights at the time. Don’t put UCC 1 – 207 if you do not know EXACTLY what that means and why. Just append the abbreviation for representative (rep) behind the signature. The main benefit of being corporate is limited liability. That means you can’t get in any trouble for what you do as a representative for a corporate entity.
do you have to notify him that you are recording?
is there a law that says you have to notify?
would you be better off if you dint tell them you were recording to see how they act with out the knowledge of the recording?
you know some people that wouldnt act right, might go out of charicter knowing they are being recorded..I think busting them in their normal actions for the time would be better for any possible bad actions by the police, and aid in your case to have your case dismissed, and or the officer fired.
just thinking out loud..if we are going to bust em..you cant tip your hand..
No where have they asked me to sign to be video taped and its happining everyday..and by the police too with out me signing anything..so they arnt asking for consent..
thanks GC for that info..and yes i do know what UCC 1-207 is..I’ll find it and post it
VRF, tell everybody in your own words what the UCC 1-207 stands for, what it does, and how to use it to protect yourself AFTER it’s use. Its easy to find, a bit harder to understand what it does in matters of commerce.
Going out of character is exactly what you want a bad cop to do. A good cop will have no problem with it.
He might tell you the most common police lie “It’s illegal to lie to a police officer”. Like hell it is, liars. A cop can not tell the truth because his entire existence is a fiction. You should never tell them the truth either, lest you become a fiction yourself.
Instead, say nothing AT ALL. When asked for your name, just say people know me as “Joe” or whatever. If he asks for a last name, tell him you don’t use one, people just call you Joe.
If he persists, he is only proving that he is not acting as a “law enforcement officer” investigating a crime, but as a revenue generator seeking your contract through coercion.
They are best avoided in the first place, but if you can’t even the military is restricted to telling the enemy the minimum information NO MATTER WHAT.
The cops are your enemy. Name, Rank, Serial Number First name, private Man, no serial number. Avoid using common “patriot” terms like sovereign, etc. They are schooled to be on the lookout for us nut cases that might desire to be free of their fraud and method of support.
Learn about what you are doing before you do it, but you can ALWAYS stay quiet.
I did an internet search for it adn after reading it (UCC 1-207) I am as confused as ever???
The best procedure for YOU is to hand over your permit along with your I.D. After that, the officers’ response is all that counts, you did your part to avoid a “situation”.
in a town south of me there are a shit load of cameras everywhere..
the traffic cameras have been vandalized..most to the point where they gave up fixing them..
some are shut off, some still work.
maybe they put them up for us to target practice? you know for proficiancy …
I bet a bunch of these cameras get shot out each year, and i bet the number is large..they just aint publishing the numbers ,because they dont want to give out any ideas.
you know for proficiency… I like that. I have three sitting mannequins (female) sitting in the back of my vehicle, that way I have witnesses if I get stopped. Sometimes they wear masks, that really upsets them.
VFR..I may have posted this before….in Arizona the situation got so bad with non-paying ‘customers’ and ignored warrants, the cameras were removed…it worked for Arizona; it’ll work in other states..
By the way…there’s talk of a global strike in July…for one week, don’t buy sh**!!!!
And coincidentally, I just told dh last night, if we stopped buying for one week, the nation would get the point. Wussies won’t do it.
I now check manufacturer,,,bought rice at Sam’s grown in Arkansas!!!! Really!!
Happy christian day.
I heard about that..it needs to happen more.
all those cameras are from a 3rd party..they get a cut of the funds..
maybe there needs to be a one week of target practice ?
If i find out the dates for the strike..im in.
hey are gonna hate this..
I typed faster then the page loaded..
for 299.00 seems like a small price to pay for them to act civil to us..im sure the first law suit will more then pay for it.
also it will show proof if you were speeding..and where you were when stopped..all submittable in court..
so it will no longer be his word against yours..No judge..i wasnt going 60 in a 45 at smith road and junction at 9 am on saturday…see. case dismissed..
or Mr. Judge..is this offensive behavior of your police force the norm?..maybe retraining is in order for Mr. officer?
people , remember the news reports of more then half the boston or NY police department being on Stroids? do you really want to run into Mr roid rage cop with out some type of back up?
I think its time to use the technology to even the score, and rid the law enforcement arena of the criminals in Blue
here is a more covert model..although not as much in capability..but video and audio in a very small compact device..
and cheaper too
Rant For America Fight the New World Order!! A Real Patriot
Some of the greatest changes in society will come of recording mistakes by people…..cops are people too.
If you are confronted with explaining what the “UCC 1-207″ does here is
When you are going to sign a contract ( drivers license, lease, buying a
automobile, snowmobile, a building permit, marriage license, devoice decree,
or any other document).
BEFORE you sign!!! you have the right to draw a fine line through any
thing that is not to your liking. It can be a number, a letter, a word or a
group of words. At this time you can add any thing you want in the contract.
Any changes you have made sign your name close to it and date it. A contract
is to have all of the contract in full disclosure at the time of signing. If
not the UCC 1-207 will stop you from giving up your rights on the contract
you are about to sign and void out any part of the contract that you have
not had the opportunity to view.
Now how the UCC 1-207 works.
After you put UCC 1-207 where your signature is going to be. ” your
signature” is the last you thing you put on the document. When you pick up
your pen from the signed contract it is consummated, you have given up your
right to change the contract.
thats the same thing I found adn read…..cna you or GC or anyone for that matter put it in your own words? Or use and example ??
I have heard that UCC 1-207 has been moved to hide it..
it is now UCC 1 308…any truth to this GC?
True but irrelevant.
Sign as a representative,
John Doe, rep
The key to limited liability is that you are not really doing anything yourself, but as the representative of the corporations entity.
UCC does not protect anything but the “rights” of the entity you represent. Your undesignated signature makes you a surety for the entity without protection.
The best you can do is represent a fiction. Use the signature to get limited liability for yourself. The fiction belongs to the corp.
If you got the balls
Court room strategy
They are usually shocked when you motion to dismiss because of your reservation of rights UCC 1-308. They are immediately defeated.It’s not guaranteed to work because half of the courts have judges that will try to trick you into contracting with them. If they can trick you into contract, then they have jurisdiction. If they deny your motion, appeal it immediately. Find out how before the time comes.Make sure that you do no let them contract with you. This is an old trick.
When your name is called, stand outside the BAR and respectfully say, “I reserve all of my rights UCC 1-308, on what authority are you ordering me into the well of the court?”. Make sure he answers. He may try to motion you in or say come in and sit or some other phrase to trick you into the well of the court. This is a trick. Ask again, “I do not understand, are you ordering me into the well of the court or is it voluntary?” If he threatens you with contempt or orders you in, …then go in. You don’t want to sit in the cooler for a few days. At this point, he screwed himself and you can sue him in federal maritime torts.NEVER plea because that gives the court jurisdiction. NEVER remain silent for that is acquiescence. (Agreement by silence.) ALWAYS ANSWER. Simply say “I reserve all of your rights UCC 1-308 and do not understand the charges”. They cannot try you unless you understand the charges. No matter what the judge says to you, say, “I do not understand because I have reserved all of my rights UCC 1-308”. The judge will always say that the UCC has nothing to do with the charges, but it certainly does.If the judge tells you to sit over here, or stand over there and you do it, then you have contracted with the court because you have done what he has told you to do. So you would say, “OK, but I still reserve all of my rights UCC 1-308”, and then go sit or stand where he told you.If he says that he will assume that the court has jurisdiction, say “I deny the court has jurisdiction and I reserve all of my rights UCC 1-308”. If the judge leaves the court room or call a recess, then when you come back, again say that you reserve all of your rights UCC 1-308. The judge is trying to start a new session in order to contract with you.If he says for instance, let the court record show that the defendant has waived one right or another, right to counsel or etc…, then say, “Let the record show that I do not waive any of my rights UCC 1-308”.Do not let the judge make assumptions. If he says something like, “we will assume that the court has jurisdiction.” Immediately deny the assumption or he does have jurisdiction. Say, “I deny that the court has jurisdiction”. ” I deny all assumptions of the court”.Ask him to rule on your motion to dismiss because of your reservation of rights UCC 1-308. READ IT OUT LOUD so that it is on the record. wait for him to answer. Do not let them move on to something else.If they try to move on without answering, then say, “as a matter of procedure, the court has not ruled on the motion”. DO NOT ASK THE COURT FOR ANYTHING, like a jury trial or counselor or anything else. If ya do, then you are giving the court jurisdiction.( I saw a few folks go to jail when they asked for a jury trial. If he sets a new or next court date, ask him if it is mandatory that you have to be there. Make him answer by continuing to ask. If ya show up voluntarily, then you are contracting with the court. He may say something like, “you will be here on this date”. Then ask if that is an order. If he will not answer, then say, “let the record show that I have not been ordered to appear in this court on any date.”.The judge will try and drag out as much time as possible to get you to plea or bargain with the prosecutor. After 10 to 12 months they can no longer try you in most states.Always answer a question with a question. Do not tell the judge what to do or what authority he has. That can be construed as contempt. This will get ya into hot water. If you do not know how to answer, then just say “I don’t understand and don’t know how to answer”. Prosecutors do not plea bargain with defendants that have not hired one of their BAR licensed buddies. So if they try to offer you a plea, it is because you have them beat and they know it. You have not lost unless you give up.
we can use their system against them, if we know how and have the guts
If five guys are beating you with a baseball bat, you can not expect to control the bats.
You don;t want to piss of the judge. The goal is to prove there is no dispute he can resolve so he has to dismiss. To even consider living under the pressure of having that fight for months on end is crazy.
It can all be avoided by the simple demand that the contract being charged against be entered into evidence by a competent witness or party to it.
No contract = no dispute = no case for the court to hear.
Nobody gets confrontational and everyone is left with but one option. The prosecution must withdraw the complaint, the judge must dismiss the case, and you are unable to answer the complaint.
Name of court here as per example THE CIRCUIT COURT OF JACKASS COUNTY
Reference dismissal of charges
Name of plaintiff here PLAINTIFF
Vs Case #____________________
Name of defendant here Defendant
The defendant entreats the court to dismiss charges for the following reason.
THE RESERVATION OF MY RIGHTS UCC 1-308.
I explicitly reserve all of my rights. UCC 1-308 which was formally UCC 1-207. “§ 1-308. Performance or Acceptance Under Reservation of Rights.(a) A party that with explicit reservation of rights performs or promises performance or assents to performance in a manner demanded or offered by the other party does not thereby prejudice the rights reserved. Such words as “without prejudice,” “under protest,” or the like are sufficient.”
I reserve all of my rights at all times and in all places. I reserve my right not to be compelled to perform under any contract or commercial agreement that I did not enter knowingly, voluntarily and intentionally. And furthermore, I do not accept the liability of the compelled benefit of any unrevealed contract or commercial agreement.WHEREFORE, the required remedy has been perfected and the defendant entreats the court to dismiss the charges accordingly. Respectfully submitted, Without prejudice UCC 1-308 / 1-207
Your address, city, state [zip]
I certify that I have mailed a copy of this motion to Name of prosecutor or opposing attorney, address, City, State zip
Without prejudice UCC 1-308 / 1-207
NOTARY Make sure to have this notarized and mail a copy to the prosecutor or the opposing attorney. The court gets the original.
found this story..take it for what its worth, but I feel it rings true..and its time to dismantle this bullshit system
AMERICA IS BANKRUPT
Later, when I went to visit the judge, I told him of my problem with the Supreme Court cases dealing with Public Policy rather than the Public Law. He said, “In 1938, all the higher judges, the top attorneys and the U.S. attorneys were called into a secret meeting and this is what we were told:
America is a bankrupt nation – it is owned completely by its creditors. The creditors own the Congress, they own the Executive, they own the Judiciary and they own all the state governments.
Take silent judicial notice of this fact, but never reveal it openly. Your court is operating in an Admiralty Jurisdiction – call it anything you want, but do not call it Admiralty.
GC..im finding a lot of what you talk about to be factual..corp. America..reclaming state citizenship. First class citizenship..etc..
The government recognizes two distinct classes of citizens: a state Citizen and a federal citizen
Most people are born state Citizens and become federal citizens without their knowledge sometime after birth
If you remain a federal citizen, you will pay lots of taxes and have no rights. If you reclaim your state Citizenship status, you will have to learn about our legal system and you will have to change the way you bank, and save, and invest, and other aspects of modern living that probably taken for granted. But a state Citizen that knows the legal system has more control over his/her life if you screw up.
theres more, and way more, too much to get into on here
I have 5 years to go..than im out i will seperate myself from the Corp at that point or start sooner
I would really like to be able to talk with you, are you open to it?
Let me know ,Gods Creation and i will give you a way to contact me, I could use your knowledge of already “been there done that”
VRF, the corp knows only one citizen. A corp citizen. Any claim of citizenship will be taken as a claim of corp citizenship.
You are FOREIGN to the court, a stranger who deals only at arms length.
See my reply below as well for contact info.
GC: The 9th District Court has ruled that under the 4th Amendment EVERYONE must give their full legal name. They must identify themselves. No other information is required.
Whether you believe that is legal or not, Constitutional or not, is irrelevant. Givng false information to a police officer is also a crime, by making a false statement. Please do not advise people incorrectly. Its only going to get them more grief than they need or want.
It is best to say nothing at all.
Cops will and do lie every instance when its to their advantage, whether to stay out of trouble, help out a fellow pig, or get a conviction to meet their quotas. Its the nature of the sociopaths who want to become cops. Before all the squealing occurs in protest, let me point out that not all cops are sociopaths, just most. I’ve done fitness for duty assessments of private and government (federal, state and municipal) “LEOs” for many years and no question, the average cop is at best a power hungry, holier than thou, bureaucrat, and at worst a sociopath pure and simple. Just look at the news reports; all the evidence I need is there. And we pay this scum. The least we can do is get video of them doing their dirty deeds.
any cop that doesnt want to be recorded, should be investigated..Period
Tuff shit guys , welcome to the real world that your leaders put into play..
makes me laugh when it back fires on them, and they wine..
SPECIAL REPORT: Blocking Police Brutality with CopBlock.org
thanks for this
maybe being very open about recording, now needs to go covert..?
that way we get the “the real” deal, and how they really act when they dont know about any recording devices.
DK, of course the corporate courts will make it a requirement that all it’s officers give their full legal name, ie. corporate name. Otherwise, there is no way it can contract with you or claim ownership.
You have a natural right to use ANY name you so choose to contract under, so long as the contract is not fraud, or an attempt at fraud.
If you believe it a crime to lie to a representative of a fiction, show me the specific public, uncopyrighted law that makes that non-commercial crime. The law of necessity protects you because of the threat posed by the officer exceeding his authority.
Using the UCC and other tricks in court indicates to the judge that you are confused and they will just railroad you through the system. the mistake is not in using the UCC, but in showing up in his court. An appearance in the court gives jurisdiction to the court. Furthermore, as an unlicensed “representative” of the charged party, you have no say and no legal authority to speak on behalf of the charged entity. It is illegal for you to be there if you are not an officer of the corp. You are not even authorized to use the copyrighted statutes in your pleadings without being in violation of the corp law.
Get past all of that and understand that ALL CRIMES ARE COMMERCIAL. The UCC will not protect you from the implied contract being enforced by the court. Any other contract is made under the implied contract and the court will not admit to its existence or discuss the source of its jurisdiction over it.
The solution is more simple than most would realize. Since all crimes are commercial, they involve a contract as a matter of lawful necessity.
If you must defend yourself in one of those Kangaroo establishments, all that is required is to ask the judge if there is a Man or Woman who has made an injury claim against you.
He will have to respond NO.
Your response is that since no one has made a claim against you, the only other reasons you could be called into the court would involve a contract default and demand the contract be entered into evidence by a competent witness so you can answer the charge. If you have no contract, you can’t answer the charge. If you answer the charge, you confirm the contract “exists”.
Of course, there is no contract, and no competent witness to enter it into evidence. Thus, there is no dispute and the case would have to be dismissed UPON YOUR MOTION TO DO SO.
Which brings me to the most important thing to remember if you ever have to go to court to defend yourself.
The court looks at one thing. The EVIDENCE entered by a competent witness. Contrary to popular belief, your pleadings and filings and oral statements in the court are NOT evidence. If you want your story told, you have to ask the judge to swear you in to enter evidence in the matter in the form of an affidavit that MUST be rebutted line line by line.
99% OF ALL COURT CASES ARE LOST NOT BECAUSE THEY HAVE NO MERIT, BUT BECAUSE NOBODY WAS SWORN IN AND ENTERED ANYTHING INTO EVIDENCE AT THE HEARING.
Don’t appear in court as a party to the action, but as a witness. You are not a party until the contract is produced that proves you are. Write your affidavit, get sworn in and enter it into evidence as a competent witness. This must all be done in a court of record, not like a traffic court.
In a nutshell, deny the obligation and contract exist in your affidavit, enter into EVIDENCE, and then make them show you the contract that creates the obligation.
Another useful tool is to provide everyone involved, from the judge to the opposing parties, an IRS form W-9 and tell them you can not proceed until you have their signed copy on file for tax purposes.
The best way to avoid the problems of a corrupted court system is to STAY OUT OF IT. If a private company sues your Social Security Number, if you have bad credit or don’t care about your corp credit rating, there is no reason to answer it.
If you have caused an injury to a Man, you must compensate fairly for that injury.
If you are being harassed by the corp, only answer to charges made on a CONTRACT ENTERED INTO EVIDENCE BY A COMPETENT WITNESS. Don’t file anything with the court, especially an answer. If you are forced to appear, bring only your affidavit and the summons.
I would also suggest that you respond to any summons by making a discovery request to the originator of the summons asking for a copy of the contract upon which his claim is based. Send it certified with a green card and attach it to your Affidavit.
Be advised that I am not giving legal advice. Just friendly suggestions for those who are preparing to challenge the system on its home court. There is a lot of misinformation that has been put out by people trying to beat the system by using the system against itself.
Either there is a Man or a Contract. The corp is a fiction. If the claim against you has not been made by a Man, there are no other Men in the court. Only fictions engaged in commerce for the benefit of the corp.
Face the Man, or See the Contract. You have nothing else to answer to.
As an aside, there is no secret Oath or anything else of the sort. The corrupt judges result for being trained and working within a corrupted system for their entire lives. Many mean well, but they mistakenly think it is THEIR court instead of YOURS.
VRF if you want to send me an email you can go to
will send you something ASAP
Since the officer is likely recording his/her interaction with you via dash cam or voice recorder, have they not given their implied consent to being recorded?
Very good point.
That right there is one heck of a creative legal argument and seemingly a very powerful one!
Mac, it has been used for recorded phone conversations from “debt collectors”. If they record calls from you, they consent to be recorded by you. Don’t ask me for case because I can’t remember.
The point is they consent to have done to them anything they do to you. We will make the most headway once a few Citizen Swat teams bust down the doors of Police Chiefs and Sheriffs that order their own people to do it.
There is a sign at the entrance of a nearby building. It says that packages and briefcases will be searched on entering the building, and that entry implies consent.
Why not do the same thing? “Entry to this premesis by means other than appointment or invitation by the owner/resident implies consent allowing the owner/resident to privately recover damages caused by the entering parties.”
An “entry team” gives their consent for you to enter their own home and take their stuff.
Put it in very small print by door…..
No. Put it on a big poster board on the front door so they can’t say they missed it.
And yes, you can establish a binding consent and contract that way if they do come through the door without a warrant or have the wrong address.
Put it also in Braille on the inside door frame one foot up from floor so they can feel it going out….