The Tender For Law

Volume 3

Aug 22, 2013 8:59 PM

Derek Moran

This video is the EPITOME of ON/OFF, and a textbook-example of ON/OFF...notice- no arguing, no escalation, no controversy

"...are you public servants?...are you public employees?...are you public employees?...are you public servants?...what's your names?...oh i dont have any weapons on me, but ill back-away from you if you feel unsafe, am i making YOU feel unsafe at all, the law is ALL about intent and that is not my INTENT, what is YOUR intent with me by the way?...i live here, this is my home i live here...are you a public servant?...are you a public employee?...are you a public employee?...are you a public servant?...are you going to IDENTIFY yourself to me?...do you have 4 forms of identification?...i need to see your Badge, your photo-identification-card, your Warrant card, and i need you to give me one of your business-cards, if you wish to contract with me- are you trying to contract with me, i do not BELIEVE i have a contract with you, and that i am under any obligation to answer ANY of your questions...if you would like to contract with me, we can do so, if you provide for me 4 forms of I.D.?...are you trying to contract with me, what ARE you trying to do with me?...are you operating as a public official right now, are you a public servant, are you a public employee...i am asking you a direct question- yes or no...the Master asks the question, and the servant answers them...no-no, the Master asks questions, the servant answers them- isnt that correct...i dont WORK for YOU, i dont answer YOUR questions, YOU answer MINE- so im asking you a question - are you a public servant?...you are- you ARE a public servant, arent you?...arent you, you're a public servant arent you?...and unless you have 4 forms of I.D. right now, i dont even believe that you're in your uniform...and im REALLY feeling threatened right now, cuz i see 4 armed-people armed-with-DEADLY WEAPONS and I FEEL threatened, so please back-away from me...no?...well i feel threatened right now, and you're actually armed-with-deadly weapons, so, this is all AGGRAVATED everything you're doing right now, cuz this is actually Intimidation, you're attempting to INTIMIDATE me, from me exercising my Constitutionally-protected rights...which would be a violation of WHAT? (need to think of a good one, here)...anyone know what 'Color of Law' is, Color of Authority?...you're in an OFFICIAL uniform right now, you're acting as a public servant, with the authority of the state, and when you BREACH your DUTY as a public official, NOW, your BONDS are up-for-grabs for people like me, and go file claims against you for them, i get your Badge-numbers, then i go write a claim against the (county), and i say- "HEY, this public employee, came to my house with a GUN, and they INTIMIDATED me, and i dont care if you're wearing a Badge-and-a-uniform, anybody can go get a costume with the same stuff and walk around with a gun, having a shiny-medallion-and-a-gun dont mean anything, you are out of uniform until you provide for me 4 forms of I.D..."

Camera Shy Cops Vol I - Title 18: Owned!!!

youtube.com

title 18 owned em, calm and cool for a change... drama at the house... private dont ask. PROGRESS FOR PERFECT PEACE Minister/ Consul: Christopher A. Fleming-...

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Read Comments

Anibal Jose Baez

My mom taught me NOT to talk to strangers. :)

I have observed that one of the most important parts of the programming we, the non-nobles, get is to feel obligated to ANSWER to ANY QUESTIONS asked by others, even by COMPLETE STRANGERS (like cops, and figures of "authority").

We were trained to feel GUILT if we don't answer questions. Trained to "believe" something "bad" will happen if we don't "cooperate." Just like a disobedient child is trained to feel, when not answering to his father's questions, and/or obey his demands/commands.

We are trained to either comply, and/or start "yapping-away," somehow acknowledging/giving presumption of authority.

What is the the "best" way to respond to such encounter with police...? What the heck do I know? That would be a GREAT thread, Scott. I'm just sayin'.

I have heard of the "Am I being detained? Am I free to go?" mantra. But if everything is about surety, and accounting (which involves contracts), there has to be a key to all this. I have learned that questions negate understanding, and that seems to be part of it, but I see SILENCE as an underestimated component. But again, what the heck do I know?

Stuart Stone

When the uneducated psychopath with the gun, nightstick & bad attitude comes a knocking on my door, I will probably say whatever is required to get the scary man away from me...

These people are like the bank tellers not understanding bills of exchange, because they're not being paid to know, just to 'follow orders'...

Get rid of them & correct any shitstains/mistakes using administrative process and/or notice of mistake and/or the VOID stamp to negate any contracts that I may have entered into without full disclosure.

Even if I am right and honourable and correct in my physical interactions with the scary person/people, I (or the people I love & care about) can still come away from the interaction physically harmed and or killed. The risk/reward is too in favour of risk.

Do what it takes to get rid of them, fix up any false contracts later...and live peacefully.

Dino Disenfranchised

This guy is an ex-k9/narc-cop who advocates FOR pot. Interesting seeing it from the other side but although he has "woken up" it seems he is still very drowsy. Just for kicks. http://www.youtube.com/watch?v=MdOKUb0jQko

Roger Dennis Fleury Jr.

silence implies consent. questions seek comprehension. "Am I being detained? Can you identify yourself? Why are you detaining me? How can I help you."

handcuffs...

"I have cause to believe I am being kidnapped and assaulted and wish to settle this matter honorably so noone gets hurt."

"Is it ok with you if I sit down? Is that going to help settle the matter? I would like to help."

Roger Dennis Fleury Jr.

Come the PLAINTIFFS in good faith, by PLAINTIFF and JOINED PLAINTIFF, with just claim, and for their complaint state as follows: 1. ROGER DENNIS FLEURY JR, herein referred to as PLAINTIFF, was approached, detained, and subsequently arrested and imprisoned at approximately 12:30 a.m. on or about June 19, 2013 near 1st Ave in Nashville, TN upon threat of violence by two armed men operating under color of law who refused to identify themselves upon repeated requests. No cause or warrant was presented to him upon request at any time. At no time did PLAINTIFF grant consent to the action. As such, PLAINTIFF has cause to believe the arrest and subsequent imprisonment is unlawful in nature and thereby false. Copies of the documents evidencing said arrest are attached hereto as �Exhibit A.�

2. PLAINTIFFS' right to be secure in their persons under Amendment IV of the Constitution of the United States was violated without cause or warrant. 3. PLAINTIFF'S right to due process under Amendment V of the Consitution of the United States was violated without cause or warrant. 4. CURTIS M. FISHER, herein referred to as DEFENDANT, refused to identify himself upon request, and instead pointed to a name tag on his right breast that read �C. FISHER.� DEFENDANT refused to state his name and badge number to PLAINTIFF upon request. 5. DEFENDANT refused to show cause for detainment to PLAINTIFF upon request. 6. An unidentified white male, approximately 5'6� in height with dark hair and a visible tattooed image on his right forearm approached PLAINTIFF from behind and without warning, cause, nor consent, proceeded to handcuff him. Upon request, said unidentified male refused to identify himself to PLAINTIFF. 7. PLAINTIFF advised DEFENDANT that no consent was granted, and offered assistance to settle the matter peacefully. 8. Upon request, DEFENDANT refused to show cause for arrest. 9. Upon request, DEFENDANT refused to list any charges brought against PLAINTIFF. 10. PLAINTIFF advised DEFENDANT he had cause to believe he was the target of a kidnapping and assualt, and offered assistance to settle the matter peacefully. 11. PLAINTIFF was taken against his will to an undisclosed location unknown to him without having granted consent and without cause or warrant. 12. PLAINTIFF was never, Pursuant to Federal Rule of Criminal Procedure 5(a)(1)(A), taken without unnecessary delay before a magistrate judge. 13. Pursuant to Federal Rule of Criminal Procedure 5(a)(2)(A)(ii), an attorney for the government failed to move promptly to dismiss the complaint.

14. PLAINTIFF was unlawfully imprisoned without his consent from approximately 12:30 a.m. Until approximately 9:40 a.m. on or about June 19, 2013, during which time: A. PLAINTIFF repeatedly requested agents of the METROPOLITAN NASHVILLE POLICE DEPARTMENT and DAVIDSON COUNTY SHERRIFF'S OFFICE to identify themselves. All requests were refused. B. PLAINTIFF repeatedly requested cause be shown for detainment. All requests were refused. C. PLAINTIFF continuously offered to assist in settling the matter peacefully. D. PLAINTIFF was fingerprinted and photographed against his will without conviction nor having granted consent. E. Agents of the DAVIDSON COUNTY SHERRIFF'S OFFICE were advised that no consent was given by PLAINTIFF. Said Agents failed to immediately provide remedy. 15. BRITTANY NICOLE RAGER, herein referred to as JOINED PLAINTIFF, was left alone in an unfamiliar place near 1st Ave in Nashville, TN as a result of the false arrest. 16. JOINED PLAINTIFF had cause to fear for her safety as a result of the false arrest, being alone in an unfamiliar place, and was approached by an unidentified male for reasons unknown to her. 17.JOINED PLAINTIFF was prevented from returning to her place of residence for approximately 10 hours as a result of the false arrest. 18. JOINED PLAINTIFF, being prevented from returning to her place of residence as a result of the false arrest, sought shelter at a public establishment offering lodging services in the amount of approximately $45 (dollars) per night. 19. PLAINTIFF made no attempt to resist or escape at any time. Notice of Release and Dismissal of the action was presented to PLAINTIFF for acceptance at approximately 9:40 a.m. on or about June 19, 2013. 20. Plaintiffs are joining in this action pursuant to Federal Rule of Civil Procedure 20(a)(1), seeking judgement jointly according to their respective rights to relief. 21. Defendants are joined in this action pursuant to Federal Rule of Civil Procedure 20(a)(2), wherein PLAINTIFFS seek relief jointly with respect to the same series of transactions.

Roger Dennis Fleury Jr.

22. NOTICE TO DEFENDANT(S): Pursuant to U.S.C. Title 42 Chapter 21 � 1981 and � 1983. take notice of the following: a. The amount sought for relief is set forth in the last paragraph of the Complaint. b. The names of the PLAINTIFFS seeking relief are set forth at the top of the Complaint and described as �PLAINTIFFS.� c. If a person making an arrest never identifies themselves, a detainee has cause to believe s/he is the target of kidnapping and assault.

d. An arrest is presumed to be false. The Officer (Agent) has the burden of proof.

1. �The only thing the plaintiff needs to plead and to prove if alleging false arrest, is either (1) that the defendant made an arrest or imprisonment, or (2) that the defendant affirmatively instigated, encouraged, incited, or caused the arrest or imprisonment.� Burlington v. Josephson, 153 Fed.2d 372,276 (1946).

2. �When the plaintiff has shown that he was arrested, imprisoned or restrained of his liberty by the defendant, "the law presumes it to be unlawful.� People v. McGrew, 20 Pac. 92 (1888); Knight v. Baker, 133 P. 544(1926).

3. �The burden is upon the defendant to show that the arrest was by authority of law." McAleer v. Good, 65 Atl. 934, 935 (1907); Mackie v. Ambassador, 11 P.2d 6 (1932).

4. �As in the case of illegal arrests, the officer ... must keep within the law at his peril.� Thiede v. Scandia, 217 Minn. 231, 14 N.W.2d 400 (1944).

e. An arresting agent must show warrant upon request.

1. �He must show it to the accused, if requested to do so.� Smith v. State, 208 S.2d 747 (Miss., 1968).

2. �If demanded, he must produce the warrant and read it to the accused, that he may know by what authority and for what cause he is deprived of his liberty.� State v. Shaw, 89 S.E. 322 (1916).

3. �An accused person, if he demands it, is entitled to have the warrant for his arrest shown to him at the time of arrest.� 42 L.R.A. 682, 51 L.R.A. 211, Crosswhite v. Barnes, 124 S.E. 242, 245 (1924). 4. �A special deputy is bound to show his warrant if requested to do so, and if he omit, the party against whom the warrant issues may resist an arrest, and the warrant under such circumstances is no protection against an action for an assault, battery and false imprisonment.� Frost v. Thomas, 24 Wendell's Rep. (N.Y.) 418, 419 (1840).

5. �It is doubtless the duty of an officer who executes a warrant of arrest to state the nature and substance of the process which gives him the authority he professes to exercise, and, if it is demanded, to exhibit his warrant, that the party arrested may have no excuse for resistance.� Shovlon v. Com., 106 Pa. 369, 5 Am. Crim. Rep. 41 (1884)

6. �It was the duty of an officer who attempts to make an arrest to exhibit the warrant if he has one.� Jones v. State, 114 Ga. 79, 39 S.E. 861 (1901)

f. False arrest is assault and battery.

1. �An illegal arrest is an assault and battery. The person so attempted to be restrained of his liberty has the same right, and only the same right, to use force in defending himself as he would have in repelling any other assault and battery.� State v. Robinson, 72 Atl.2d 262 (1950).

2. �An arrest without warrant is a trespass, an unlawful assault upon the person ... where one is about to be unlawfully deprived of his liberty he may resist the aggressions of the offender, whether of a private citizen or a public officer, to the extent of taking the life of the assailant, if that be necessary to preserve his own life, or prevent infliction upon him of some great bodily harm.� State v. Gum, 69 S.E. 464 (1910).

3. �Every person has the right to resist an unlawful arrest ... and, in preventing such illegal restraint of his liberty, he may use such force as may be necessary.� Columbus v. Holmes, 152 N.E.2d 306 (1958).

g. Placing a person in handcuffs without consent is unlawful.

1. �But a constable cannot justify handcuffing a prisoner unless he has attempted to escape, or unless it be necessary in order to prevent his doing so.� 51 L.R.A. 216.

2. �The handcuffing was utterly unlawful.� Osborn v. Veitch 1 Foster & Fin Eng Rep 317.

h. Fingering and photographing a suspect without consent prior to conviction is unlawful.

1. "To detain the person arrested in custody for any purpose other than that of taking him before a magistrate is illegal.� Kominsky v. Durand, 12 Atl.2d. 654 (1940).

2. �Compulsory fingerprinting before conviction is an unlawful encroachment...[and] involves prohibited compulsory self-incrimination.� People v. Helvern, 215 N.Y. Supp. 417 (1926)

3. 'The taking of the plaintiff�s picture before conviction was an illegal act.� Hawkins v. Kuhne, 137 NY Supp 1090, 153 App Div 216 (1912). 4. Any undue delay is unlawful and wrongful, and renders the officer himself and all persons aiding and abetting therein wrongdoers from the beginning.� Ulvestad v. Dolphin, 278 Pac. 684 (1929).

NOTICE TO AGENT IS NOTICE TO PRINCIPLE. NOTICE TO PRINCIPLE IS NOTICE TO AGENT.

WHEREFORE, judgment is demanded against DEFENDANTS in the amount of $ 347,180.00 for relief of damages including, to the exclusion of no other: false arrest and imprisonment, malicious prosecution, abuse of process, kidnapping, assault, pain and discomfort, fear of harm, loss of liberty, sleep deprivation, mental stress, duress, defamation, embarrassment, lodging, plus all costs herein expended, and other relief to which the PLAINTIFFS may appear entitled jointly or severally. FURTHERMORE, the PLAINTIFFS respectfully request all records of the false arrest and charge related to Case No. GS636478 filed in the Davidson County Clerk's Office be expunged from the public record forthwith.

Roger Dennis Fleury Jr.

CAUSE OF ACTION

CURTIS M. FISHER, AGENT METROPOLITAN NASHVILLE POLICE DEPARTMENT, ET AL...

DEFENDANTS

Comes PLAINTIFF, in good faith, stating as follows in rebuttal of probable cause affidavit and arrest warrant filed in the Davidson County Clerk's Office Case No. GS636478 made publcly available upon Notice of Release and Dismissal:

PLAINTIFF was walking on the grass near 1st Ave in search of a restroom he had reason to believe was outside and around the corner of the gas station where the confrontation occurred at approximately 12:30 a.m. on or about June 19, 2013. When approached by an unidentified male who appeared to be a law enforcement officer, PLAINTIFF requested he identify himself. DEFENDANT could not answer the PLAINTIFF as to why he stopped the PLAINTIFF, who he was, and why he was detaining PLAINTIFF. PLAINTIFF was not free to answer any questions, and therefore chose to not answer any questions offered by the DEFENDANT, particularly those regarding personal matters such as name, address, and purpose of presence in exercise of his 4th and 5th amendment rights to be secure in his person and not be compelled to bear witness against himself, as he had cause to believe a criminal investigation was being conducted. No victims are named on the affidavit of probable cause, and no evidence of damaged property or loss is presented. PLAINTIFF believes no evidence of any level of intoxication exists. No cause was shown upon request, nor was consent granted by PLAINTIFF at any time.