Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: ArmstedFragg
Sorry, to cryptic sometimes. Yes, if you refuse to sign a ticket chances are you will be "arrested". What I was trying to express (and did so poorly) was that in the event you are "arrested" demand to be taken to a magistrate. Do not agree to booking or incarceration until you have a PC hearing. Object to your treatment the entire time but do not "resist arrest"(Belligerent Claimant,McAlister vs. Henkel, 201 U.S. 90, 26 S.Ct. 385, 50 L. Ed. 671;). Inform everyone you interact with that you are belligerent claiment. All of this is provided you conduct your self properly during the original stop. When the cop asked you "Do you know why I stopped you?" Always say "No", Yes is an admission that you knew you did something wrong. I always asked the cop if they are in need of assistance when stopped. When the ask "what?" I say "Well why else would you stop me?" The USSC ruling about ID means you now must identify your self - but you should also ask the cop if this is a Miranda or a Terry stop. Do it with respect and calmness. IF they say it is a Miranda stop and still demand you "papers" tell them to please read you your rights and then ask "If I give you my papers am I incriminating myself?" If it is a Terry stop NEVER let them search your car, make them get a warrant(It is the best policy to never allow a search even if you think you have nothing to hide.) Your lawyer will be happy with you if you did not consent to a search.

Now I have followed these guidelines and have been taken to a magistrate twice and had the charges dismissed; both times without cuffs etc. I know of 18 other cases where people have followed this policy and had the magistrate dismiss the charges - none where they were "held over". The third school is the one where you write on the ticket "Offer of contract refused." I would not recommend this unless you are very good talker and know your rights.

Take the time to defend your rights. The system depends on you just writing a ticket and sending it in - if everyone took their case to trial the system would deadlock and thousands of cases would be dropped for time.

654 posted on 11/23/2007 3:50:10 PM PST by mad_as_he$$ (Illegal Immigration, a Clear and Present Danger.)
[ Post Reply | Private Reply | To 482 | View Replies ]


To: mad_as_he$$

What is a Miranda and Terry stop?


656 posted on 11/23/2007 5:24:49 PM PST by School of Rational Thought (Truthism Watch)
[ Post Reply | Private Reply | To 654 | View Replies ]

To: mad_as_he$$

There is no such thing as a “Miranda stop”. “Miranda” was the name of a fellow arrested in the early sixties. Following the normal practice of the times, he was questioned without being advised that he could remain silent, have an attorney, etc. SCOTUS made a new rule that required police to advise folks of several of their Constitutional rights under certain circumstances.

You can “demand” to be taken to a magistrate all day long. After booking, if you aren’t PR’d you will see the magistrate when the arraignment hearings are scheduled. It may be different in your state.


677 posted on 11/26/2007 6:01:02 AM PST by Scotsman will be Free (11C - Indirect fire, infantry - High angle hell - We will bring you, FIRE)
[ Post Reply | Private Reply | To 654 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson