Submitted by M. R. Hamilton on
My wife told me about a news article she read about the means that some younger Americans have been asserting their rights. According to the news article, there has been a ration of people in their late 20' and early 30's who have been challenging police officers during traffic stops even though they have their families with them. According to the news article, they have been "egging on" the officers. They tell the officers that they do not have to do anything the officers tell them. This is not how to challenge jurisdiction!
There is a right way and a wrong way to assert your rights and egging on a cop who is just doing his job is the absolute wrong way. Most cops are simply doing what they have been taught to do. Their bosses and the state corporation for whom they work keeps a database of names and rules by which they are to adhere. Your challenge will fall on deaf ears and your disrespect could get your roughed up pretty bad when he calls on his cop buddies who come to his aid to help him do a Rodney King on you or worse, zap you 15 times until you are dead.
Let him know that you will cooperate and clarify that just because you are handing over your documents, you are not consenting to his jurisdiction and leave it at that. If he has any questions regarding what you have just said he will ask. Otherwise, keep quiet and let him do his job.
He is not going to believe you. He is going to believe his computer. So after you have gotten your citation or have been arrested because you were pulled over for driving under the influence, the correct next action is to file a counterclaim in a court of record challenging the inferior court's jurisdiction of the corporation for whom the cop works.
This is the civil means by which we are to challenge the government and the cops authority. It makes no difference whether or not you are right if one of your family members is killed by shot fired from cops toward your or you are killed. You can't prove you were right when you are dead.
When you file your counterclaim you are also going to include damages that you have suffered. The counterclaim should include the cop and anyone else involved with your detainment. Now if you were simply cited, you really don't have much for damages, but you will be issuing an order to have the state release you from its jurisdiction and update its records. If you have been imprisoned, that is worth about $65,000 per day in my book. Government agents do not have statutory protections under common law. Why do you think that governments prefer statutory law? They can't be held accountable if you think the statutes are law. Now when your case is completed and the cop, who you fairly warned was exceeding his jurisdiction is required to pay you along with the jailers, the judge and anyone else who aided in the imprisonment your damages of $65,000 per day, they might start listening a bit closer and tell their friends to listen a bit closer. Once you have your judgment, you can then garnish his pay. If you are feeling like being nice to the cop because he was just doing what he was told to do, that would be very generous, but still your decision, not the judge's.
Then the next time you are pulled over for whatever reason, the cop will look up your information in his computer and send you on your way.
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Will go to arraignment for the third time April 26th (no charges filed first two time)... Can I file counter claim in a Circuit court of a 3 lbs pot possession case? And if so, where can I learn how to do that?
You can file a counterclaim for anything. There are numerous real world examples in the member forum.
M. R. Hamilton
Couldn't Dragonslayer224 challenge the court's jurisdiction? Thank you, by the way, for sharing such thorough case law support in regards to challenging jurisdiction - it provides priceless understanding!
I would take orders from man who sometimes acts as cop, just how the waitress takes my order at Denny's. That man who acts as a cop will get one heck of a tab for me carrying out his orders.
"It is easier to fool people than it is to convince people they've been fooled." ~ Mark Twain
Unlimited obedience to government is an oxymoron!
Check this out... www.lessermagistrate.com
Adding some spice to your redress Affidavits...
You could say something like this...
This redress is also to suggest your agency/Department should consider resigning from your elected position/job, as a concerned common law adherent, I can't emphasis enough that you Are Fired!"