Handling govt. info requests....FYI.....NOT LEGAL ADVICE
(Was: How to handle traffic stop and misdemeanor citations)
Handling govt. info requests....FYI.....NOT LEGAL ADVICE
You should read the "original message" in this string at the bottom first.
I believe that the reading of the statement (see "...best way to handle..."
at bottom) should logically be preceded by the information request contained
in the "Public Servant's Questionnaire" BEFORE giving any identifying
information (i.e. driver license, registration, etc.) That would seem to me
likely to prevent the problems reported by Bruce....in the second message.
HYPERLINK "http://www.radio887.com/image/checkmark.gif"checkmark.gif (392
bytes)An American does not have to speak with a government agent unless the
citizen has been arrested.
HYPERLINK "http://www.radio887.com/image/checkmark.gif"checkmark.gif (392
bytes)Americans have a right to privacy, to be left alone.
HYPERLINK "http://www.radio887.com/image/checkmark.gif"checkmark.gif (392
bytes)The PRIVACY ACT OF 1974 (Public Law 93-579), empowers citizens to
require full, written disclosure from a government official who seeks
information.
HYPERLINK "http://www.radio887.com/image/checkmark.gif"checkmark.gif (392
bytes)You may insist on complete disclosure as a precondition to speaking
with any government official. ( emphasis mine )
(be sure to see: HYPERLINK
"http://www.radio887.com/public.html"http://www.radio887.com/public.html
for the complete Public Servant's Questionnaire and additional important
information)
I know of two instances in which the "Public Servant's Questionnaire" was
used in traffic stops. While I was not there....the incidents were related
to me as follows:
In both cases.....the driver handed the printed, *three part, questionnaire
to the officer immediately when the officer approached the car. (* the
three parts are White Original ...your copy, Pink .... copy for officer's
supervisor.....to be mailed by you, Yellow.....officer's copy)
In both cases the officer asked, "What's this?" In both cases the driver
said firmly, "It's procedure.", "You are required, by law, to provide me
with all of the information requested on that form, fully and completely,
before I give you any information."
In both cases the officer went to his car and made a call on his radio.
In one case (the questionnaire was on a clipboard) the officer came back to
the car and without saying a word, threw the clipboard into the window with
the blank questionnaire still on it, stomped back to his car.....and
accelerated smartly away.
In the other case, (no clipboard) the officer was seen to angrily ball up
the questionnaire, throw it out his window, and peel out ..... leaving the
area.
While the above referenced web site seems to imply only federal
jurisdiction.....my personal, non-professional, non-legal suspicion is
that.....due to the federal funding of state and local governments, and the
information sharing between federal and state agencies......that in no case
could or would they attempt to deny that the Privacy Act applies to them.
It would seem to me that this is the logical prerequisite to even thinking
about using the "Declaration of Rights" statement (see bottom of this post).
Jake
ps I keep Public Servant's Questionnaires on clipboards ......in my
car......and next to my front door.....at all times. I will now add a copy
of the Rights Declaration to those clipboards.......just in case someone
actually does fill out the questionnaire
_____
From: beden [mailto:]
Sent: Wednesday, February 28, 2007 7:16 AM
Subject: Re: How to handle traffic stop and misdemeanor citations
How do you handle when they pull a gun on you when you ask them these
questions?
I had several fathers stopped on license plate checks who owed child
support. When they were told that they had a child support warrant, these
fathers politely asked to see the computer and when that occurred explained
to the cop that it is a civil warrant, and there can be no such thing. Cop
pulled a gun, told the guy he was under arrest and cuffed him.
We sued in Federal Court pro se/in propria persona. Lost on grounds that
municipal and county lawyers said it was a state child support matter; not a
Fourth Amendment matter. We deposed the cops involved, had them answer
interrogatories and answered requests for admissions. The cops involved
changed their answers so many times it was embarrassing. It was so bad,
that the attorneys for the cop begged the Federal Judge to dismiss our case
on the child support grounds. Federal Judge went through a bunch of mental
gymnastics to issue his order and opinion which we challenged easily. Had
to appeal to the 3rd Circuit which affirmed the lower Judge and said it was
based on a state child support matter, and the Federal Court wouldn't touch
it.
During discovery, we nailed the cops because didn't know what the Fourth
Amendment said (or the NJ Constitution's equivalent). They didn't know that
there was case law (Federal and in New Jersey) that said no one can be
arrested on civil warrants because there is no probable cause. They didn't
know the difference between a real Fourth Amendment Warrant was and an
unconstutional civil bench warrant was. We asked them if they were properly
trained at the police academy after they stumbled and bumbled their way
through the warrant questions and Fourth Amendment questions. They remained
silent. And, in New Jersey we found that all traffic stops (along with the
child support matters) are civil in nature.
Bruce Eden, Director
DADS (Dads Against Discrimination)--New Jersey & New York Chapters
-----Original Message-----
From: Brett Kraft [mailto]
Sent: Wednesday, February 28, 2007 12:34 AM
Subject: How to handle traffic stop and misdemeanor citations
Here is the best way to handle a traffic stop performed by the presnt day
Gestapo, read this statement off to the cop:
Officer, I mean no disrespect, but I understand my rights. I have to have an
attorney present during questioning. I have a
right to refuse to consent to any search of my body, and personal effects.I
wish to excersize all of my rights. If I am under arrest I wish to invoke
and excersize my Miranda rights and be allowed the opportunity to obtain the
advice of my attorney.If I am to be taken into custody I request a
reasonable opportunity to make arrangements to secure my own property. I do
not consent to any impoundment of my property. If I am not under arrest, I
want to leave. If I am free to leave, please tell me immediately so that I
may go about my business.
If the officer somehow decides to issue you a ticket despite all of this,
you should sign the ticket in this manner.
"UNDER DURESS by YOUR NAME", draw a box around the entire phrase, then
the ticket is not admissible as evidence in court.
It worked for me, the assistant Law director would not allow me in court
while they were dismissing my case.
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HOW TO HANDLE A TRAFIC STOP
Officer, I mean no disrespect, but I understand my rights. I have to have an attorney present during questioning. I have a right to refuse to consent to any search of my body, and personal effects. I wish to exercise all of my rights. If I am under arrest I wish to invoke and exercise my Miranda rights and be allowed the opportunity to obtain the advice of my attorney. If I am to be taken into custody I request a reasonable opportunity to make arrangements to secure my own property. I do not consent to any impoundment of my property. If I am not under arrest, I want to leave. If I am free to leave, please tell me immediately so that I may go about my business. If the officer somehow decides to issue you a ticket despite all of this, you should sign the ticket in this manner.
"UNDER DURESS by YOUR NAME", draw a box around the entire phrase, then the ticket is not admissible as evidence in court.