Nov 4, 2017 Posted by AGA Editor

Do you know the law and is there evidence that the laws apply to you?

Legal is NOT whatever the government says it is. LAWFUL has evolved over centuries based on common sense and case law. To break a law is to commit a crime, which requires an injured party of some description. A breach of policy, statute or act is NOT a crime.

In fact, I challenge you to find evidence that the states codes, statues or the Constitution applies to you or anyone else.

In almost all non-injured party cases (traffic tickets, drug possession, etc.) the the prosecution lacks evidence to support their claims of jurisdiction and a valid cause of action.

When you are STOPPED and DETAINED by an officer for a civil infraction the legal facts are that the officer has perpetrated an illegal and unlawful seizure and false arrest/imprisonment the moment he perpetrated the stop. He both COULD have known and SHOULD have known that his actions violated your rights and the law. Therefore, EVERYTHING he did or discovered during that detainment/seizure of your person and property was ILLEGAL and should be challenged and declared as inadmissible facts, testimony, and evidence under the fruit of the poison tree doctrine.

You will need to file a motion to dismiss for lack of evidence and jurisdiction as they CANNOT obtain evidence OR jurisdiction using ILLEGAL means can they?

Here are 7 question you can ask in your motion to dismiss. I a lot of cases we never get past question 3 before the plaintiff is asking to dismiss the case.

1) “Is the allegation being made considered to be a CIVIL INFRACTION under [Your State] law?”

2) “Can a warrantless arrest or detention be lawfully perpetrated in relation to a CIVIL matter under [Your State] law?”

3) “May a warrant of arrest be obtained WITHOUT a valid statement of probable cause under [Your State] law?”

4) “Under [Your State] law, is a statement of probable cause sufficient to obtain a warrant of arrest if it does NOT allege that an actual crime was perpetrated by the person named or described therein to be arrested?”

5) “Under [Your State] law, did Officer Shitforbrains witness ANY actual CRIME that would have provided him/her with the required reasonable suspicion or articulable probable cause authorizing a warrantless detention or arrest of an individual?”

6) “Under [Your State] law, did Officer Shitforbrains witness ANY actual CRIME that would have provided him/her with the required probable cause necessary to state sufficient grounds of criminal activity in order for a duly authorized magistrate to issue a warrant of arrest for an individual?”

7) “Was Officer Shitforbrains in possession of a valid warrant of arrest for a male/female suspect using the name “[Your Name Here]” or that contained an adequate physical description that allowed the officer to identify and apprehend the individual accused in this CIVIL INFRACTION?”

The point of the interrogatories is to show that the warrantless detention/arrest of the individual by the officer was both completely unlawful AND illegal BECAUSE there could NEVER have been any reasonable suspicion or probable cause associated with the warrantless seizure of the Accused for a CIVIL INFRACTION. Making ANYTHING that was obtained or discovered by the officer during the detention/arrest for ANY purpose INADMISSIBLE under the “fruit of the poison tree” doctrine. Therefore, there is NO EVIDENCE or TESTIMONY that can be made, no proof that can be offered, thus, NO CASE of controversy before the court. No case or controversy, no jurisdiction of ANY KIND.

If anyone sees any error to the logic or argument, please feel free to point them out.

Remember my challenge? “Can you find evidence that the states codes, statues or the Constitution applies to you or anyone else that does not swear an oath to them.”

Put your comments below. The only rule… you must provide EVIDENCE, not your opinion.

Are you awake yet?