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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: 2575
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 # 4.

#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  

#5. To: Jethro Tull (#4)

Perhaps it's a TX thing?

I've never heard of this, but I've never been arrested, yet.

Lod  posted on  2009-05-24 14:55:45 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  

Can someone please show me the law cited by Randy that states all arrested persons must be brought before a magistrate immediately upon arrest?

In my state (DE) persons have the right to be taken forthwith to the nearest magistrate even if we dispute a traffic citation. (And, for all other arrests they are arraigned before a magistrate, either in person or by video conference where bail is set.)

If the magistrate agrees with the cop (if it's a state trooper (DeStaPo agent) they always agree out of bare fear of not being re-confirmed if they piss off the staties) then the magistrate will offer the arrestee the choice of signing the citation or going to jail.

But, one can also allow the magistrate to decide the case then and there, schedule for a later hearing or move the case into the DE Court OF Common Pleas and have a jury or certified law judge decide the case.

DE has responded to all attempts to defeat the traffic revenue scam by passing more and more cop-friendly laws such, cops don't have to automatically show for the preliminary hearing (in Common Pleas Court), they don't have to provide the serial number or calibration certificate for any electronic speed detection devices, etc.,.

I gigged with a weekend country musician years ago who was a magistrate. (This is an indication of the political nature of the appointments. Another magistrate, a woman was a school bus driver and a well known bluegrass musician. She looked like Madalyn Murray O'Hair and dressed like Pat-the androgynous SNL character)

Years later I called my pal to express my condolences (his first wife, the singer in his old band had died in a one car accident late at night-alcohol involved) and to my surprise I learned that he was worried he wouldn't be re-confirmed because he was a Republican, our Senior Senator Tom Carper was then governor and the senate was DEM controlled. Even though I assured him that the political patronage system was dead and he was a damn fine judge (I sat in his court at times when I was working downtown) he was genuinely concerned that PUB Mike Castle was gone and DEM Carper was governor.

It just so happened that the venerable and most feared Senate Majority Leader who was holding the hit list of soon-to-be-former-magistrates (those who had failed to dutifully uphold every state police arrest as if G_D himself had decreed it) was my state senator, so I called him and asked if my fellow kuntree kruhner was on the hit list.

The senator said "No, Jim. Tell your friend that if I don't know his name then he's safe!"

I called my pal back and told him the good news, but he still sweated it until he heard it from the horsie's mouth and was re-confirmed for another 6 years. (I also told the Director of Fish & Wildlife that the Joint Finance Committee was not going to allow the governor to swipe their general funds and I could guarantee it. On the night of the hearing he thanked the senior rep who I had "delivered" and said "Jim told me that this was going our way months ago but I haven't slept well for a while!" (For some reason state officers found it hard to believe that a lowly, under-the-RADAR no body like mee could deliver anything.)

Under English Common Law the magistrate only issued warrants upon sworn oath or affirmation (a wonderful bar to frivolous arrests and prosecutions) and in so doing protected the people from zealots with badges, vindictive neighbors and relatives and the King's tax collectors. These days much of the protection is routinely thwarted by perjured depositions, but it's still preferable to a cop, bureauRat or politician throwing their enemies in jail on a whim while answering to no one.

The system in DE really blows now (our protection has been removed because the magistrates are not independent of the Masonic State Cop-dominated legislature) and no magistrate would dare tell a Delaware State Trooper ((DeStaPo agent) that he/she was wrong to make an arrest or that the magistrate doesn't believe the cop's story. (But, if some small town cop, county officer or bridge and tunnel authority patrolman arrests for one mile over the limit the magistrates will still dismiss those cases)

The Delaware State Police (DeStaPo) have so much influence in the legislature that the system has been turned on its head and the magistrates jump through the hoops to keep their seats.

A friend of mine was arrested a few years back when he brandished his .45 in the presence of a pack of young nig....I mean, African Americans who menaced him outside his home.

To make a long story short he was wrong to leave the safety of his home then claim he was protecting himself from a group of "black yewts" who had stolen two aluminum bats from his pickup truck, and I gave him Hell for not calling me first. (His 10% bail to the bondsmen was non refundable and was more than the two baseball bats were worth, not to mention he was facing felony charges)

He was arrested by a woman county cop who then dropped him off at the jail and proceeded to go on a manhunt for some bandito, and my friend was in pain because he had run his thumb through a table saw two days before and he didn't have his pain meds with him.

I called the magistrate and explained that the man and I have an agreement to act in each other's stead if for any reason the other cannot do so, and I demanded that the man be brought before the magistrate immediately.

The clerk made a phone call and then phoned me to say that the coppess was on a manhunt, and I said "That's not (my friend's) problem. He has the right to be admitted to bail, he's in great pain and this amounts to torture of a man who is being held incommunicado" and I asked if it would serve any purpose for me to scribble a writ of habeas corpus out and bring it to the night magistrate on duty.

The clerk apparently spoke with the magistrate then called the county police and the coppess was forced to abandon the exciting made for TV police search for El Guapo (or whoever the bandito was) and bring my friend to court so he could make bail, get out and take his pain meds.

Just before he was released the cop jailer said, "I just want you to know that your friend Jim has been working to get you out of here!"

The cop didn't actually admit that I had succeeded in forcing the woman officer into forfeiting her big chance to make a name for herself, to possibly catch a malo hombre and to carve a notch on her pistola by shooting someone. And fortunately for my friend the county police doesn't scare the magistrates the way the state police do, and I was able to expedite the man's release with a "verbal writ of habeas corpus".

If someone is arrested in any state (not just being held for 48 hrs for questioning or to dry out from a bender) then they can use their phone call to contact a local magistrate and claim they're being held incommunicado, denied the right to bail and in general being punished by a vindictive police officer, and ask the magistrate (or the clerk) if the magistrate will entertain a verbal writ of habeas corpus from an unlawfully detained prisoner, and then the prisoner may get satisfaction. The magistrate has the power to compel the officer to immediately produce the prisoner and that is one of the functions of the magistrate-to protect justice, not just to rubber stamp every arrest.

YOU CAN BEAT THE CHARGE BUT YOU CAN'T BEAT THE RIDE! Don't argue on the side of the road (*unless you're taping it heh heh) but move it into a forum that the cop doesn't control ASAP! That can usually be done with a phone call.

HOUNDDAWG  posted on  2009-05-24 16:49:05 ET  Reply   Untrace   Trace   Private Reply  

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