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Title: Austin cop calls into RuleofLawRadio (audio)--Very interesting
Source: [None]
URL Source: [None]
Published: May 24, 2009
Author: Randy Kelton & Deborah Stevens
Post Date: 2009-05-24 12:46:21 by christine
Keywords: None
Views: 3555
Comments: 32

http://mp3.ruleoflawradio.com/ROL/64k/ROL_2009-05-22_64k_Hr3&4.mp3---the call begins at 1 hr 40 mins

http://mp3.ruleoflawradio.com/ROL/64k/ROL_2009-05-23_64k_After_Midnight.mp3---continuation

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Begin Trace Mode for Comment # 24.

#1. To: PSUSA, Artisan, Jethro Tull, IndieTx, Critter, HOUNDDAWG (#0)

ping

christine  posted on  2009-05-24   12:47:55 ET  Reply   Untrace   Trace   Private Reply  

The system is rigged. TEXAS LAW IS WHAT THE POWER SAYS IT IS. THE SYSTEM WANTS YOUR FREAKING MONEY AND PROPERTY. Going directly to a magistrate isn’t going to fix this TAX GRAB because the FREAKING MAGISTRATE IS PART OF THE SYSTEM that wants your money and property. Comprendo folks? Want to fix the system? Guns will fix the system. Over and out.

Jethro Tull  posted on  2009-05-24   13:04:48 ET  Reply   Untrace   Trace   Private Reply  

1:55 into the first segment: call in officer says that we're free because we can sit at home and watch any TV we want, or buy any kind of food we wish late at night? But we can't use lawful procedures to make civic points. Are we free or not? The law sets us free, because it assures us protection of our lives and property, and our other rights. Without the law, we would have anarchy. Choices of entertainment and food do not make us free.

Deasy  posted on  2009-05-24   14:45:51 ET  Reply   Untrace   Trace   Private Reply  

magistrate

Can someone please show me the law cited by Randy that states all arrested persons must be brought before a magistrate immediately upon arrest? He might be right, but there is no time in American law enforcement history, to my knowledge, that this was ever the practice. In NYC I'd guess there are many thousands of arrests during a typical weekend. I can only imagine the number of magistrates that would have to be made available 24x7x367 to satisfy this law, which again, I've never heard of. Perhaps it's a TX thing?

Jethro Tull  posted on  2009-05-24   14:52:32 ET  Reply   Untrace   Trace   Private Reply  

Art. 14.06. [217] [264] [252] MUST TAKE OFFENDER BEFORE MAGISTRATE. (a) Except as provided by Subsection (b), in each case enumerated in this Code, the person making the arrest or the person having custody of the person arrested shall take the person arrested or have him taken without unnecessary delay, but not later than 48 hours after the person is arrested, before the magistrate who may have ordered the arrest, before some magistrate of the county where the arrest was made without an order, or, to provide more expeditiously to the person arrested the warnings described by Article 15.17 of this Code, before a magistrate in any other county of this state. The magistrate shall immediately perform the duties described in Article 15.17 of this Code.

law.onecle.com/texas/criminal-procedure/14.06.00.html

Art. 15.17. DUTIES OF ARRESTING OFFICER AND MAGISTRATE. (a) In each case enumerated in this Code, the person making the arrest or the person having custody of the person arrested shall without unnecessary delay, but not later than 48 hours after the person is arrested, take the person arrested or have him taken before some magistrate of the county where the accused was arrested or, to provide more expeditiously to the person arrested the warnings described by this article, before a magistrate in any other county of this state.

law.onecle.com/texas/criminal-procedure/15.17.00.html

I would suggest that a Magistrate would have been involved even in New York City. At some point or another, very soon after the arrest, a magistrate will have reviewed the case. This is in the Magna Carta, as the hostess Deborah Stevens suggests. See 17 to 22.

XXIX. Imprisonment, &c. contrary to Law. Administration of Justice. NO Freeman shall be taken or imprisoned, or be disseised of his Freehold, or Liberties, or free Customs, or be outlawed, or exiled, or any other wise destroyed; nor will We not pass upon him, nor condemn him, but by lawful judgment of his Peers, or by the Law of the Land. We will sell to no man, we will not deny or defer to any man either Justice or Right.

By the way, that's a very interesting Magna Carta online site, and well worth exploring.

Deasy  posted on  2009-05-24   15:21:59 ET  Reply   Untrace   Trace   Private Reply  

or have him taken without unnecessary delay, but not later than 48 hours after the person is arrested

Thank you Deasy. There is the material I wanted. In NYC, and I use example because that's all I know, the person arrested is processed thru central booking, where by an officer acting in your behalf, and on your complaint, brings the perp (and many others) before a judge.

The key words in the above are "or have them taken" and "not later than 48 hours".

The argument I heard made the assumption that the arresting officer is required to bring the person arrested before a judge ASAP.

Jethro Tull  posted on  2009-05-24   16:57:47 ET  Reply   Untrace   Trace   Private Reply  

The argument I heard made the assumption that the arresting officer is required to bring the person arrested before a judge ASAP.

I believe that's the law in Texas, where meaning that "as soon as possible" is 48 hours or much earlier preferably. It's reasonable to ask that this be immediate but I recognize that there is room for debate.

My main concern here is that the military commissions act technically requires no such visit. If the military decides that a citizen, say you, has become an enemy combatant and a known terrorist, you can be held indefinitely without even local authorities discovering the fact.

Locally, if Texans are concerned about the letter of this law not being followed, I'm sympathetic to them. Like (I think) Randy says, officials should be worried that citizens are watching their every move.

Deasy  posted on  2009-05-24   17:05:18 ET  Reply   Untrace   Trace   Private Reply  

#25. To: Deasy (#24)

Like (I think) Randy says, officials should be worried that citizens are watching their every move.

We all have to be as concerned as Randy and Deb. My one and only point is that we go to "war" armed with material that is accurate. From any reasonable reading of the statute you posted, there is a 48 hour window of time before a prisoner is required to see a magistrate. Furthermore, an appointee of the officer can bring him, or him and others, before the magistrate within that time frame *without* the officer being present. That's what we did, and that's what I take from the TX statute.

Jethro Tull  posted on  2009-05-24 17:18:58 ET  Reply   Untrace   Trace   Private Reply  

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