I serve Constructive Notice rather than show a 'permit' to carry!
suijurisfreeman
August 19, 2003, 10:56 PM
The following is a copy of the CONSTRUCTIVE NOTICE that I serve any LEO's if stopped and questioned about carrying a weapon in the open.
Cover page: Definition of Constructive Notice, Black's Law Dictionary, 3rd Edition, page 1258, "Constructive Notice is information or knowledge of a fact imputed by law to a person; (although he may not actually have it) because he could have discovered the fact by proper diligence, and his situation was such as to cast upon him the duty of inquiring into it. Constructive Notice is a presumption of law, making it impossible for one to deny the matter concerning which notice is given."
I have been served this Constructive Notice by the Human Being known as Winston Ward Johnson, I have read it and understand the possible consequences of any further violations of his right to bear arms and/or security from any unlawful search or seizure. Dated Signed Witnessed
Page 2: CONSTRUCTIVE NOTICE, To any and all Law Enforcement Personnel, State Police, County Sheriff/Deputies, City Police, This is Constructive Notice that the Human Being known as Winston Ward Johnson in the exercise of his Natural, Absolute, Inherent and Inalienable Rights and of which he has the reasonable expectation are protected by both the Constitution for the united States of America and the various State Constitutions does lawfully carry on and/or about his being weapons expressly for the purpose of self-defense, to wit: BILL OF RIGHTS, KENTUCKY'S CONSTITUTION, 1891: Section 1: All men are, by nature, free and equal, and have certain and inalienable rights ...... FIRST: The right of enjoying and defending their lives and liberties. FIFTH: The right of acquiring and protecting property. SEVENTH: The right to bear arms in defense of themselves and the State ...... Section 2: Absolute and arbitrary power over the lives, liberty and property of freemen exists nowhere in a republic, not even in the largest majority.
Page 3: Section 10: The people shall be secure in their houses, papers and possessions, from unreasonable search and seizure; and no warrant shall issue to search any place, or seize any person or thing, without probable cause supported by oath or affirmation. Section 26: "To guard against transgression of the high powers which we have delegated, We Declare that every thing in this Bill of Rights is excepted out of the general powers of government, and shall forever remain inviolate; and all laws contrary thereto, or contrary to this Constitution, shall be void.
As public officials you have sworn an oath to support those Constitutions and you are presumed to be acting in 'good faith', however if you now violate any of my Natural, Absolute, Inherent and Inalienable Rights you will be acting in 'bad faith' and therefore will lose your 'good faith immunity'! You can and will be held personally liable for your unlawful actions! Dated July 15, 2002 Winston Ward Johnson, a Freeman, Sui Juris
This is the Constructive Notice that my youngest son, Winston served deputy Darrell Ford of the Monroe County Sheriff's Department on July 11, 2003 when he was confronted by deputy Ford about carrying a pistol in the open in the city of Tompkinsville, Kentucky. I will post my son's complaint that he filed with Jerry Gee, Sheriff of Monroe County, Kentucky for deputy Ford's unlawful actions shortly. This 'incident' happened on a Friday evening, I travelled 400 miles one way on Sunday to meet with Jerry Gee on Monday to deal with this problem, I'll post the rest of the story later.
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Chicken-Farmer
August 19, 2003, 11:11 PM
That was way to deep for me. Did anyone else have trouble concentrating while reading that? Too much "legal speak" for me
p35
August 19, 2003, 11:17 PM
No doubt they say, "Oh, sorry" and walk off, right?
Or is that just part of the fantasy?
number6
August 19, 2003, 11:22 PM
suijurisfreeman ... And what exactly are your thoughts as you are cuffed and sitting in the back seat on your way downtown?:neener:
suijurisfreeman
August 19, 2003, 11:23 PM
Nothing too deep here, just using Kentucky's Bill of Rights to protect our Natural, Absolute, Inherent and Inalienable right of self-defense! Jerry Gee, Sheriff of Monroe County, Kentucky admitted at our meeting on Monday, July 14th that deputy Darrell Ford had absolutely NO 'reasonable suspicion' to do a 'stop and frisk' let alone 'probable cause' to do an actual search! Jerry Gee spoke with deputy Ford, my son Winston met with Jerry Gee and Darrell Ford on Thursday, July 17th and deputy Ford apologized to my son for his unlawful actions! NO flight of fancy here, Constructive Notice actually works, but you've got to know how to use it!
Glack
August 19, 2003, 11:23 PM
I would imagine that after reading that he arrested your son and will let the DA sift through your letter.
suijurisfreeman
August 19, 2003, 11:28 PM
My son was not arrested, he was 'allowed' to leave, with his weapon, and he filed a complaint with Jerry Gee, Sheriff of Monroe County, Kentucky. Deputy Darrell Ford was told in no uncertain terms that what my son was doing (carrying a Glock 23 in the open) was protected by Kentucky's Bill of Rights and that my son was 'carrying lawfully'! Section 1, No. 7 of Kentucky's Bill of Rights ABSOLUTELY guarantees this RIGHT!
Preacherman
August 19, 2003, 11:53 PM
A couple of points.
1. Laws are interpreted and applied by the courts, not by your or my opinion of what they mean. Constitutions, whether Federal or State, are also subject to interpretation by the courts. Rights and freedoms recognized in these instruments are subject to regulation, whether we like it or not. So, to insist on a "purist" interpretation and application of the applicable clauses is a losing case from the start... just look at all the court rulings that confirm this.
2. I'm not happy AT ALL with posts which imply that we can flout the existing laws, regulations and binding legal precedents that control us day by day. We can certainly work to have these changed or overturned, in a legal, constitutional way: but this is far different from being a "scofflaw".
Please remember that we take The High Road in all things. This includes respect for the law: and if the law is not deserving of respect, our approach should be to work for its amendment or removal, not to advocate illegal flouting of laws that could get our members imprisoned for doing so.
Please keep this in mind in future posts. This is your moderator speaking! :p :D
Zak Smith
August 20, 2003, 12:03 AM
If open carry is legal, you don't need to give "constructive notice" to a LEO, and if it's not legal, it ain't going to help.
-z
suijurisfreeman
August 20, 2003, 12:07 AM
Preacherman,
Here's some 'court rulings' for you,
"Where rights recured by the Constitution are involved ther can be no rule making or legislation which would abrogate them." Miranda vs. Arizona, 384 US 436, page 491
"All laws repugnant to the Constitution are null and void." Marbury vs. Madison, 5 US (2 Cranch) 137, 174, 176 (1803)
"An unconstitutional act is not law, it affords no protection; it creates no office; it is legal contemplation, as inoperative as though it had never been passed." Norton ve. Shelby, 118 US 425, page 442
"The general rule is that an unconstitutional statute, though having the form and name of law, is in reality no law, but is wholly void, and ineffective for any purpose; since unconstitutionality dates from the time of its' enactment, and not merely from the date of the decision so branding it....no one is bound to obey unconstitutional law and no courts are bound to enforce it." 16 Am Jur 2nd, Sec. 177, late 2nd, Sec. 256
suijurisfreeman
August 20, 2003, 12:20 AM
Zak Smith,
The purpose of Constructive Notice is to overcome the LEO's presumption of 'acting in good faith', go back and reread Black's Law Dictionary definition of Constructive Notice, "Constructive Notice is a presumption of law, making it IMPOSSIBLE for one to deny the matter concerning which notice is given."
It's not a matter of being 'legal', IT'S A RIGHT, a right that's protected by Kentucky's Bill of Rights, Section 1, No. 7 and Section 26.
"All men are, by nature, FREE and equal, and have CERTAIN and INALIENABLE RIGHTS .....
Section 1, No. 7: "The right to bear arms in defense of themselves and the State ....
Section 26: "To guard against transgression of the high powers which we have delegated, We Declare that EVERY THING in this Bill of Rights is EXCEPTED OUT OF THE GENERAL POWERS OF GOVERNMENT, and shall FORVEVER remain INVIOLATE; and ALL laws contrary thereto, or contrary to this Constitution, shall BE VOID."
Once Constructive Notice has been served, there is absolutely NO excuse for the LEO's violating my right to carry in the open as protected by Kentucky's Bill of Rights! If he does, as a matter of law he loses his 'good faith immunity' and he can now be personally sued for his unlawful actions!
Zak Smith
August 20, 2003, 12:22 AM
I'm following you up to the part about "good faith immunity". What "excuse" would he have otherwise?
-z
suijurisfreeman
August 20, 2003, 12:33 AM
Zak Smith,
My son was 'detained' by deputy Ford for absolutley NO lawful reason, you tell me what was his 'excuse'? I'll tell you why, because he told my son, "I'm a Sheriff's deputy, you do what I tell you!" "You're being 'cocky', if you don't stop being 'cocky' you're going to jail!" All my son did was serve deputy Ford Constructive Notice that he was in fact exercising a right that he had the reasonable expectation was protected by Kentucky's Bill of Rights - the RIGHT to carry a weapon in the open! Sheriff, Jerry Gee admitted to us that deputy Ford had absolutely NO lawful reason to detain my son, that's why my son got an apology from deputy Ford! If Jerry Gee had not resolved this matter as he did, assault charges would have been filed against deputy Ford and a Title 42 lawsuit would have been filed against deputy Ford, Jerry Gee, Monroe County, and the Monroe County Fiscal Court for a violation of my son's right to carry in the open which is protected by Kentucky's Bill of Rights. I can and probably will post another case in which I served the Monroe County Fiscal Court Constructive Notice because they attempted to take a portion of my property for a road right-of-way through what they termed 'adverse possession', which by the way is a violation of both the Federal Constitution and Kentucky's Constitution which prohibits the taking of private property without just compensation.
Once Constructive Notice is served, there is NO longer any 'good faith immunity', because you have already informed them that what they are doing is in fact a violation of the Bill of Rights, Constitution or a 'law'. They therefore can not 'hide' behind their immunity! To legally sue one of these public servants you must first overcome their 'good faith immunity' - that's the purpose of Constructive Notice!
Devonai
August 20, 2003, 12:34 AM
I respect your position, but this seems as fruitful as refusing to pay income tax; if I tried this in Massachusetts I'd be hanged from the yardarm.
suijurisfreeman
August 20, 2003, 12:46 AM
Devonai,
What are you saying? That exercising an inherent and inalieanable right is 'fruitless'? That public officials haven't sworn an oath to support and obey the Constitution? That the Bill of Rights and Constitution aren't worth the paper they're written on? Who is the master and who is the servant here?
Let me quote you Alabama's Bill of Rights, Article I, Section 35: "The sole object and only legitimate end of government is to protect the citizen in the enjoyment of life, liberty, and property, and when the government assumes other functions it is usurpation and oppression."
The people of this country must come to understand the true relationship between themselves and their government. The people are the sovereigns, all political power in inherent in the people, the people only delegated a limited portion of their sovereign power to their government through their Constitution. Government is the 'agent' of the people, not their master!
Wildalaska
August 20, 2003, 12:59 AM
Im with Preacher...
and to suijurisfreeman, you are absolutely correct that an unconstituional law is no law at all..
Who decides...you? Sorry to tell you this its the Courts who decide...
and until then....
WildobeythelawtillyachangethelawAlaska
suijurisfreeman
August 20, 2003, 01:11 AM
Preacherman,
Here's some breif quotes from 'Our Government', The American Legion, Department of Michigan, 1963, 26th printing, page 9: "INTRODUCTION, The American System. The more complex a civilization becomes, the greater the need for government. Complexity and advancement should not be confused, however. The higher a civilization advances, in per capita intellignece and spiritual consciousness, the truer the statement, 'The least governed are the best governed.'
page 11: "Government in Michigan is typical of the American system. Michigan has been a state since 1836; while there have been many changes and developments in the detailed methods of applying our system o f government, the system itself remains fundamentally the same as originally conceived. The people are still sovereign; the Constitution still challenges any who wouyld trespass individual rights or exceed the bounds of authority."
page 12: "Nothing is more vital to you and me than our personal freedom. No part of the Constitution is more important than the Bill of Rights, which safeguards that freedom of worship, liberty of speech and of press, right of trial by jury, protection against unreasonable searches and seizures and the other recognized guarantees of individual freedom. As long as the Bill of Rights remains effective, our liberties are secure."
page 13: "Our laws are of three kinds, listed in the order of their superiorty. 1. Constitutional 2. Statutory 3. 'The Common Law'. As has already been shown, Constitutional Law is the fundamental law. It is contained in a single document comparatively brief in words but broad in aspect. It declares principles rather than practices. It is concerned with doctrine rather than details. It is the foundation upon which the whole structure of our government rests. While constitutional law is capable of change, changes come slowly and this is to be desired; it is a protection against whim and caprice."
to be continued
Devonai
August 20, 2003, 01:13 AM
I agree with you 100%! However, one must consider the political situation of their environment. I reiterate my initial conclusion; such an attempt in my area would have negative results, to say the least.
capt. Nemo
August 20, 2003, 01:17 AM
Courts of Law, i.e. State Supreme Courts, The Supreme Court of the United States, interpret laws, Bills of Rights, Constitutions and other matters open for interpretation. And there are very few, if any, documents that are not subject to interpretation.
If your "Constructive Notice" did anything, what it did was blind those poor backward country cops with the southbound product of a northbound bull. I can see them now, scratching their heads saying, "What the hell was that he just showed us?". "I don't know but it sure sounded sounded high-falutin'!" "I guess we'd better get Elmer over't courthouse to have a look at it."
If it worked more power to you. I wouldn't feel real good about trying it where I'm from. And, by the way, I mean no disrespect to you or your law enforcement agency. I'm as country as they come. Heck, when I was a kid we made one trip a year to Mayberry to buy school clothes and see the pictureshow. Done it right after we kilt the hogs.
Just my two cents worth...
Buck
Futo Inu
August 20, 2003, 01:18 AM
I like the spirit. But a piece of paper (a document) hand delivered is not constructive notice. It is notice de jure, or actual notice. Nice though - KUTGW!
suijurisfreeman
August 20, 2003, 01:18 AM
Wildalaska,
Kentucky's Bill of Rights, Constitution is the FUNDAMENTAL LAW of that Commonwealth, ALL 'laws' are required to conform to that FUNDAMENTAL LAW! Kentucky's Bill of Rights, Section 1, No. 7: "The right to bear arms in defense of themselves and the State, subject to the power of the General Assembly to enact laws to prevent persons from carrying concealed weapons." I DO NOT carry concealed, I carry in the OPEN, this right is protected by Section 1, No. 7 of Kentucky's Bill of Rights!
suijurisfreeman
August 20, 2003, 01:31 AM
Futo Inu,
Black's Law Dictionary, 3rd Edition, page 1258, Classification, Notice is actual or constructive. Actual notice has been defined as notice expressly and actually given, and brought home to the party directly ....... The term 'actual notice,' however, is generally given a wider meaning as embracing two classes, express and implied; the former includes all knowledge of a degree above that which depends upon collateral inference, or which imposes upon the party the further duty of inquiry; the latter imputes knowledge to the party because he is shown to be conscious of having the means of knowledge. In this sense actual notice is such notice as is positively proved to have been given to a party directly and personally, or such as he is presumed to have received personally because the evidence within his knowledge was sufficient to put him upon inquiry ......
I'll have to think about the heading of my 'Constructive Notice', at the time I printed it up I wondered if maybe 'Actual Notice' would be more appropriate, I'm not a 'lawyer', so I'm not versed in 'legalize'! But I do know that it does in fact work because I've used it numerous times and wayward public officials seem to run for cover when I do! :D
What's KUTGW?
Edward429451
August 20, 2003, 01:32 AM
A lil' accellerant perhaps?:evil:
Seriously though, the guy makes sense, did his homework, posted his documentation references, and prevailed in practical application...
Well done Sir.
Now you other guys make sense too, don't get me wrong (for all practical purposes, living in the shadow of an intimidating Government.) But ummm, for the sake of the listening audiance and the lesser well read ones, could someone post the documentation of your refutation to him that its the court that has first and final say? Pretty please?:D :D
I'm not familier with that section of law, you see. I've heard of juries being able to determine the legality of laws, but I'm a little grey on just where the courts become absolute over us, except in capital crimes and violations of the NAP.
Good debate, but lets not let fear enter into the debate. Remain factual and referenced...Anybody got that link that legally refutes him?:D
suijurisfreeman
August 20, 2003, 01:38 AM
Edward429451,
As a matter of fact according to Indiana's Bill of Rights, Article I, Section 19: "Right of jury to determine LAW AND FACTS in criminal cases." Indiana is one of the FEW States that includes this in their Bill of Rights! This certainly isn't what judges would have us believe now is it?! :D
Freedom is contagious! Knowledge is the source of infection, infect knowledge! :D
AZTOY
August 20, 2003, 01:42 AM
Open carry is legal in AZ and i don't need a 'Constructive Notice' letter.:D
:neener::neener:
But this pretty interesting.
suijurisfreeman
August 20, 2003, 01:47 AM
There are ONLY two State's Bill of Rights which state the following: "To guard against transgression of the high powers which he have delegated, We Declare that EVERY THING in this Bill of Rights is EXCEPTED OUT OF the general powers of government, and SHALL FOREVER remain INVIOLATE; and ALL laws contrary thereto, or contrary to this Constitution, shall be VOID." Kentucky is one of the two, which State is the other one?
What part of 'EVER THING' or 'FOREVER' or'INVIOLATE, or 'CONTRARY' or 'VOID' don't people understand?! When these words were written, THEY MEANT SOMETHING! What do they mean to those reading them today?! :confused:
suijurisfreeman
August 20, 2003, 01:55 AM
AZTOY,
Arizona's Bill of Rights, Article II, Section 26 states: "The right of the individual citizen to bear arms in defense of himself or the state shall not be impaired, but nothing in this section shall be construed as authorizing individuals or corporations to organize, maintain, or employ an armed body of men."
According to this you can carry in the open or concealed, but you or corporations are not allow to organize, maintain, or employ an armed body of men. When the people of Arizona formed their 'civil government' they placed absolutely NO RESTRICTIONS on their inherent and inalienable right to bear arms in their own defense in regards to open carry or concealed carry and they DID NOT authorize the Legislature to regulate concealed carry, they ONLY restricted individuals or corporations from organizing, maintaining or employing an armed body of men - GET IT?!
Thumper
August 20, 2003, 02:11 AM
Hahahaha,
Welcome to THR, Mr. Exuberant.
I assure you, AZTOY "get's it." This ain't his first rodeo.
Try to tone it down a little, though. You might surprise yourself and find out something new.
Again, welcome.
suijurisfreeman
August 20, 2003, 02:15 AM
capt.Nemo,
The Texas Bill of Rights, Article I, Section 26 states: "Every citizen shall have the right to keep and bear arms in the lawful defense of himself of the State, but the Legislature shall have the power by law to regulate the wearing of arms with a view to prevent crime."
When the people of Texas formed their 'civil government' they restricted their inherent and inalienable right to bear arms by placing the bit BUT in their Bill of Rights! Their Legislature was given the lawful authority to regulate the wearing of arms - GET IT?!
INTERPRETATION of Kentucky's Bill of Rights?! ABSOLUTELY NOT!! Not if the words, 'EVERY THING', 'EXCEPTED OUT', 'FOREVER', 'INVIOLATE', AND 'VOID' have any meaning whatsoever! Like I just posted, Kentucky is one of ONLY TWO States that include this in their Bill of Rights! If people would only do the research, research the documents that originally founded this country and the various States, they would see where we as a country have gone wrong, WAY WRONG! The people formed the 'civil governments' of their respective States by delegating a LIMITED portion of their sovereign power through their Constitutions, the States formed the 'Federal government' by delegating a LIMITED portion of their 'sovereign power' through the Constitution for the united States of America. Under the limited Constitutional Repbulic form of government that this country was founded on, ALL political power is inherent in the people, the sovereign power flows down from the people to their State governments, from the State governments down to the 'Federal Government'! Today it's ALL BACKWARDS, the 'Federal Government is all powerful, what little is left the States take, and virtually NOTHING is left for the people! THE PEOPLE ARE THE SOVEREIGNS, ALL POLITICAL POWER IS INHERENT IN THE PEOPLE - GET IT?!
AZTOY
August 20, 2003, 02:17 AM
According to this you can carry in the open or concealed, but you or corporations are not allow to organize, maintain, or employ an armed body of men.
BS:D
http://www.ranchrescue.com/arizona.htm
http://www.americanpatrol.com/
(http://www.americanpatrol.com/) http://www.civilhomelanddefense.us/index.htm
Do you get it:evil:
Preacherman
August 20, 2003, 02:20 AM
Suijurisfreeman, you have PM.
suijurisfreeman
August 20, 2003, 02:21 AM
AZTOY,
I don't 'need' Constructive Notice to carry in the open, it's my trap that I've baited to catch a wayward LEO that just might attempt to violate my right to carry in the open! The sole purpose of serving 'Constructive Notice' or should that be 'Actual Notice' (gotta think about that one!) is to remove ANY legal defence of any LEO who violates my right to carry in the open as protected by Kentucky's Bill of Rights! The way it has worked for me so far is that once they realize that they just might be held personally liable for their unlawful actions it makes them thing twice!
Thumper
August 20, 2003, 02:25 AM
When the people of Texas formed their 'civil government' they restricted their inherent and inalienable right to bear arms by placing the bit BUT in their Bill of Rights! Their Legislature was given the lawful authority to regulate the wearing of arms - GET IT?!
Um, yeah...like I explained before...We ALL here "get it."
If you don't mind me asking, when did all this come to your attention?
I only ask because Madison wrote the Federalist papers quite awhile before I was around. We here understand what "shall not be infringed" means. We understand what "powers reserved to the states" means.
suijurisfreeman
August 20, 2003, 02:30 AM
Preacherman,
OK I got your PM, since I don't see how to PM you I'll post it here. Who are you? Are you a moderator? The Webmaster? Why did you send me that PM? Exactly what I'm I to 'tone down'? The capital letters? What I'm posting, or what? All I've posted so far are facts, I'm not into making funny faces like some people on here, I thought this was a place to seriously discuss rights, like the right to bear arms. Clue me in, please!
Powderman
August 20, 2003, 02:31 AM
Uh, excuse me.........
But I think that the reason they backpedaled and apologized was NOT because of your notice, but because they could not articulate "reasonable suspicion" to detain you. (See Terry v. Ohio.)
If open carry is legal in your State, then what's the point?
I ran into a person once who served Notice that they were not required to possess or display a valid license plate on their vehicle. They also believed that they were not required by law to have an operator's permit.
I then served Notice to him that he was under arrest.
Two snaps of the handcuffs, a citation for NVOL, and it was on the way to jail.
At his hearing, when he served Notice to the Court, the Court served Notice that he had to pay a fine, serve a little bit of confinement, and get plates for his vehicle along with an operator's permit. Last time I saw his vehicle, he was sporting some fresh Washington State plates.
Thumper
August 20, 2003, 02:33 AM
Let me help...you're talking down to people who can quote the legislation you've posted off the tops of their heads...and have been able to for years. You aren't educating anyone here.
Again, we're on your side. Why are you talking to folks in such a contentious manner?
All caps on a webpage is considered yelling. Tone it down means exactly that. Tone it down...we're friends here.
suijurisfreeman
August 20, 2003, 02:42 AM
AZTOY,
I looked at those sites you posted, I guess I don't see what you're point was by posting them. What I posted in responce to you was your State's Bill of Rights. The Constitution for the united States of America is 'supposed' to be the supreme law of all 50 States, then comes (in your case if you're in Arizona) Arizona's Bill of Rights and/or Constitution, this is the fundamental law of your State. The Bill of Rights are the prior reservation of rights that the people made when they formed their 'civil government' through their Constitution. If we are indeed a nation under 'the rule of law' then the Bill of Rights and/or Constitution is the foundation of that 'rule of law', all 'laws' passed by the legislature must conform to that or they are unconstitutional. I'm attempting to point out that each of the 50 State's Bill of Rights make different reservations when it comes to the people's inherent and inalienable rights, that's all I'm attempting to do.
Preacherman
August 20, 2003, 02:48 AM
Suijurisfreeman, yes, I'm a moderator. Please read about PM's under the "F.A.Q." button at the top of the THR screen. To reply to a PM, simply scroll down to the "Reply" button beneath the message.
suijurisfreeman
August 20, 2003, 03:00 AM
Powderman,
That's interesting, I've been down that road, started in 1993 although my results were much different! Let me quote you a certified copy of a court case I just happened to be involved in back in 1994.
State of Michigan, In the District Court for the County of Hillsdale, The People of the State of Michigan, File No. 94-2225 FY, Winston Ward Johnson, SR., Defendant. Non-Jury Trial, before the Honorable Donald L. Sanderson, District Judge, Appearances: For the People: Mr. Michael R. Smith (P308665) Prosecuting Attorney, 61 McCollum Street, Hillsdale, Michigan 49242 (517) 439-1419 Recorded by: Kristina Shaneour - CER 3177: Hillsdale, Michigan, Tuesday, January 10, 1995 - at 9:44 am (PX1, PX2 and PX3 marked prior to commencement of non-jury trial) THE COURT: This matter involveing Winston Ward Johnson, Sr., file 2225. This matter's been scheduled for a trial this morning involving several charges relating to the operation of a motor vehicle. Mr. Smith, is the prosecution ready to proceed? MR. SMITH: We are, you Honor. THE COURT: The record should reflect that Mr. Johnson is not present. You've checked in the outer hall for Mr. Johnson? MR. SMITH: There is no sign of Mr. Johnson, Sr., -- Winston Ward Johnson, Sr. at all, your Honor. THE COURT: Any comments you wish to make for the record, Mr. Smith? MR. SMITH: Simply to indicate, your Honor, I believe that Mr. Johnson was quite aware of this trial. In fact, it's come to my attention that he appeared in the court building here in the last week to two weeks. He asked at that time whether he was going to still require his jury trial. It's my understanding that he indicated at that time that he had never demanded a jury trial and the he -- it was very possible that he was not going to appear for this morning's trial. Obviously, he has confirmed that representation by not appearing here in court this morning. We will be issuing a warrant for his arrest, your Honor, for absconding on a misdemeanor bond and I would leave it to the Court to take such action as it would deem appropriate on its own for failure to appear. THE COURT: I'm not sure if Mr. Johnson ever did sign a bond. I believe he was released without bond being posted. But, that would reflect the fact that Mr. Johnson was in custody for -- for twenty-seven days, refusing to post bond. Because of the fact he's been in jail for some twenty-seven days already on this, I'm not going to issue a bench warrant. But there'll be steps taken under statute to prohibit Mr. Johnson's operation of a motor vehicle in this state. If he has a license, that license would be suspended. If he does have -- does not have a license, his privileges would be suspended. The -- if Mr. Johnson does appear and wish to have a trial, there'll be further sanctions taken at that point. But we're not going to forcibly detain him on this. Court stands in recess. MR. SMITH: Thank you, your Honor. (Proceedings concluded at 9:46am)
I never posted bond, I never signed any court papers, I never hired or accepted an attorney (see Black's Law Dictionary, page 937 under IN PROPRIA PERSONA: " It is a rule in pleading that pleas to the jurisdiction of the court must be plead in propria persona, because if pleaded by attorney they admit the jurisdiction, as an attorney is an officer of the court. and he is presumed to plead after having obtained leave, which admits the jurisdiction."), I refused to acknowledge that I was a 'defendant'. By posting bond you've given the court jurisdiction, don't think so, read the entire bond form! I was only held for 27 days because I refused to post bond, this little episode would take pages and pages to post all of it. It's all about jurisdiction, without which they cannot lawfully proceed, the problem for most people is that they just don't understand how the courts get that jurisdiction! They must acquire both personum jurisdiction and subject matter jurisdiction to lawfully proceed, otherwise the court lacks lawfull jurisdiction to proceed!
AZTOY
August 20, 2003, 03:03 AM
According to this you can carry in the open or concealed, but you or corporations are not allow to organize, maintain, or employ an armed body of men. When the people of Arizona formed their 'civil government' they placed absolutely NO RESTRICTIONS on their inherent and inalienable right to bear arms in their own defense in regards to open carry or concealed carry and they DID NOT authorize the Legislature to regulate concealed carry, they ONLY restricted individuals or corporations from organizing, maintaining or employing an armed body of men - GET IT?!
Your first post you made to me /\
The 3 link are organizing, maintaining and employing armed group in AZ, TX ,CA and NM.
suijurisfreeman
August 20, 2003, 03:23 AM
AZTOY,
Again I'm only stating what the Arizona Bill of Rights states, what you're involved in is your business. I personally don't have much use for any of the 'militias' that I saw in Michigan, in fact Randy Gephardt, the head of the Hillsdale County chapter of the Michigan Militia had the nerve to threaten me one time when he came over to my property south of Hillsdale. He asked if I intended to 'join' the Michigan Militia, I told him that I had absolutley no intention of joining, he responded that being the case that when the %#@& hit the fan, they would 'take me out also', because if I wasn't with them I must be against them! And like I told him, you better get me on the first shot, 'cause I sure won't miss! Needless to say, he was no longer welcome on my property!
Looking at your picture there kinda reminds me of my 'gear', I guess I've got more than my share of it! Even know how to make use of it!
gunsmith
August 20, 2003, 03:32 AM
welcome to THR!
I am kinda new here despite the "senior member"
tag near my name :D
I wish some one would serve that notice to the SFPD!
or NYPD!
Kentucky sounds like a nice state,here or NY
the cops wouldn't even take the time to read it.
To the cops I know (including family sometimes)
rights are something courts decide,& they lock you up
if you don't have a permit:(
I pray for the day when the only permit I need
is the Constitution
Gray Peterson
August 20, 2003, 03:56 AM
What we're all forgetting here is that Kentucky is where this is occuring, and Kentucky is an OPEN CARRY state without a permit. There was a court case in the late 1950's which the Kentucky Supreme Court said that the Commonwealth of Kentucky, nor any subdivision, could NOT regulate firearms in a general manner that are carried openly in a holster.
This would be no different than a Phoenix police officer in Arizona detaining him in this fashion for openly carrying a handgun, or the Minneapolis Police running around drawing guns on open carriers who are Permits to Carry holders, when in reality, state law allows them to carry a firearm in the open (MN Pistol Permit statute is similar to Tennessee's.).
suijurisfreeman
August 20, 2003, 04:12 AM
Lonnie Wilson,
Precisely, the sign on the Monroe County courthouse reads: "Concealed weapons prohibited'. Whoever posted that sign knew that it couldn't lawfully read: "Weapons prohibited" because that would violate Kentucky's Bill of Rights, Section 1, No. 7! When my son went to the Sheriff's Department, it's located in the Monroe County courthouse, to get his apology from deputy Ford he was carrying his Glock 23 at his side, nobody said anything. However about a year ago when I was reading the minutes of the Monroe County Fiscal Court I saw where they had passed an ordinance that all weapons were prohibited in the courthouse, with the exception of LEO'S. I intend to serve them Constructive Notice that's a violation of Kentucky's Bill of Rights, Section 1, No. 7! They need to repeal it!
suijurisfreeman
August 20, 2003, 06:36 AM
AZTOY.
Kentucky has had 4 Constitutions, 1791, 1799, 1850 and the current 1891 Constitution. The 1791 and 1799 Constitutions, Bill of Rights both stated: "The right to bear arms in defense of themselves and of the State, shall not be questioned." Why did this change in the 1850 Bill of Rights? Or did it really change? I will again state that I am not a racist, so no one needs to go there, but what are the 'historical facts' concerning the apparent change in the right to bear arms in Kentucky's Bill of Rights? Based on my research, the 1850 Bill of Rights was changed to read: "The right to bear arms in defense of themselves and of the State, subject to the power of the General Assembly to enact laws to prevent persons from carrying concealed weapons." Why is the word 'persons' used instead of freeman or citizen? Why is the word weapons used instead of arms? Anyone care to hazard a guess? It is a historical fact that the persons that the Kentucky Legislature were trying to prevent from carrying concealed weapons were Negroes, Mulattoes, and Indians. This is not some racial statement, it is a historical fact! If you check Kentucky's Constitution these three were also barred from serving in Kentucky's militia. Since Negroes, Mulattoes, and Indians were already prevented from 'bearing arms' they resorted to carrying 'concealed weapons'- knives, etc. and Kentucky's Legislature changed Section 1, No. 7 to prevent 'persons' from carrying concealed weapons! This is a historical fact! I personally believe that all of us, White, Black, Yellow, Red, Male, Female, all are equally human, with equal natural, inherent and inalienable rights!
I claim absolutely no rights under any Bill of Rights and/or Constitution! That's right, absolutely none, zero, zip nada! None of my rights are derived nor dependant on any Constitution! My rights are natural, absolute, inherent and inalienable, as Kentucky's Bill of Rights states: "All men are, by nature, free and equal, and have certain and inalienable rights, among which may be reckoned ......" However I do have the reasonable expectation that public officials who have sworn an oath to support said constitutions will not violate any of my natural, absolute, inherent and inalienable rights! That being the case, none of my rights are dependant upon either a court's or judge's interpretation! They are my rights, I declare them, I exercise them, and I will defend them - period! By doing so over the past ten years I have harmed absoluttely no one!
The right of self-defense is probably one of the most fundamental that a Free Human Being can exercise! If you do not exercise this right, you will more than likely lose all other rights! It is a natural right, it is a absolute right, it is a inherent right, it is a inalienable right! And as James Otis stated, "only idiots or madmen would even consider surrendering or alienating that right." Just because you may have 'entered into society' does do mean that you have given up any essential natural rights! Certainly not the right of self-defense! Looking at your picture, you and your 'friends' exercise this right collectively, for your common defense! This is a natural right of Free Human Being to exercise!
hammer4nc
August 20, 2003, 08:13 AM
sjfreeman,
If I'm reading your post correctly, you have been driving without a license since 1994, and other than serving 27 days in lockup until they got tired of feeding you; you ultimately prevailed? So my question is: What kind of official notice (court judgement or whatever) did you obtain? Or, as in the case of many who choose to assert rights using a technical approach, district courts sometimes just do not pursue...but the person actually has some warrant hanging out there, which the authorities can enforce any time they choose to drop the hammer.
suijurisfreeman
August 20, 2003, 08:29 AM
hammer4nc,
I do not engage in the commercial activity of 'driving', haven't since June 3, 1993. My 'driver's license' expired in May of 1993, I never bothered to renew it, I have traveled in excess of 2,000,000 miles since 1965 and never had an accident that was my fault. I exercise my right of locomotion, the right to travel, and I've already posted the certified transcript of 'my two minute trial' with Donald and Michael. Donald said that if Mr. Johnson 'wished to have a trial further sanctions would be taken at that point.' I just never 'wished to have a trial'. Judge Donald L. Sanderson, of the 2nd District Court for the County of Hillsdale, Michigan changed his mind about that bench warrant in the spring of 1995, I along with about 25 others were demonstrating in front of the 2nd District Court building for about two weeks, but no one would come out and arrest me. One of the signs that I carried read, "Donald L. Sanderson, you think I need a license to drive, where's your license to practice law?"
You see Michigan's Constitution requires that all judges in court's of record be licensed to practice law, guess what?! I have a letter from the Michigan Supreme Court that there does not exist in the State of Michigan a 'license to practice law'! Their 'license' is their bar number, and the fact that they have been admitted to practice law in a Circuit Court of Michigan. I have a copy of a court case from Kalamazoo, Michigan in which the judge admits that lawyers and therefore judges in the State of Michigan only have a 'de facto' license to practice law. Black's Law Dictionary, 3rd Edition, page 513 defines 'de facto' as: "In fact, in deed, actually. this phrase is used to characterize an officer, a government, a past action, or a state of affairs which must be accepted for all practical purposes, but is illegal or illegitimate. In this sense it is the contrary of de jure, which means rightful, legitimate, just, or constitutional ......." Humm! We have Donald L. Sanderson, the 'de facto' judge telling me that I need a 'driver's license' when he is in violation of Michigan's Constitution!
Anyway, my oldest son was arrested for no operator's license about this time, I went into 2nd District Court to help him with his case, during the course of my son's hearing a Sheriff's deputy entered the courtroom and stood close to me, then another and another and another, finally there were 8 of them! After Donald finished with my son's hearing he spoke up and said , I have a warrant for the arrest of Winston Ward Johnson, he then directed the deputies to arrest me, the one was a SGT, he said, "and you thought that you were above the law!" I looked at him and said, "you've got the guns, what can I do? Do you think you've got enough men with you, or do you need to call for back-up?" I was hauled off to the 'Fillsjail' County jail again! That evening I hand wrote a writ of Habeas Corpus and instructed my wife to file it with the Circuit Court the following day, they tried to tell her that no judge was available to hear my writ and that she would have to file it in Lansing (about 100 miles away) and that it would cost her $250 in filing fees to do so. She insisted, as I had instructed her, that the Hillsdale Circuit Court receive my writ, they did and around 5:30 pm that afternoon two LEO's came to take me to my hearing. Of course, being that I was a dangerous criminal, I was hand-cuffed and shackled for my trip to see Harvey Moes, the Circuit Court Judge!
Judge Moes, read my writ, I also orally presented my case for release and Judge Moes ordered my release! That same Hillsdale County Sheriff's deputy, the SGT was one of the two that brought me to the courtroom that afternoon, he said that he would remove my handcuffs and shackles when they got me back to the jail, Judge Harvey Moes said NO, this man is a free man as of now, remove the shaclkles NOW! I just know that SGT. had to be thinking to himself, how does he do it? As I walked out a free man I said to the SGT., "see ya, have a nice day!" :D god I just love it when a plan comes together! :D
Thumper
August 20, 2003, 08:34 AM
Interesting,
Do you have insurance, or are you independently wealthy enough to cover all the damages a vehicle can inflict?
suijurisfreeman
August 20, 2003, 08:51 AM
Thumper,
There are other proofs of financial responsibility than just insurance, check it out! Back in 1994 when I did my research, bought and read the entire Michigan Motor Vehicle Code, which was no small accomplishment, one section in there states that if you've not had an accident in the past three years you are entitled to apply to I believe it was the Secretary of State for a waiver of the 'requirement' of insurance. I think people would really be shocked if they actually knew what's being done to them under 'color of law'!
Another thing that I found while reading Michigan's Motor Vehicle Code was that if you've had a valid driver's license within the past three years, that had not been revoked or suspended then a 'charge' of no operator's license would not be valid. I pointed this fact out to the assn't prosecutor, No Deal, Neal Brady, his responce was, obviously you've got more time to study the law than I do! Now that makes alot of sense, the assn't prosecutor doesn't even know what the 'law' states! If I remember correctly Neal's face turned slightly red!
Henry Bowman
August 20, 2003, 08:54 AM
If Jerry Gee had not resolved this matter as he did, assault charges would have been filed against deputy Ford and a Title 42 lawsuit would have been filed against deputy Ford, Jerry Gee, Monroe County, and the Monroe County Fiscal Court
Doesn't sound like "ignoring the State" to me.
suijurisfreeman
August 20, 2003, 09:23 AM
Henry Bowman,
This would have been my son's responsibility to file the assault charge and file the Title 42 lawsuit, I would have provided the necessary information for him to do so, he's 26 years old. I had a really good Title 42 lawsuit back in 1995, had most of it prepared and everything, went with Jean Ventura to Kalamazoo, Michigan to the Federal Courts to see how her lawsuit would go and after seeing the pompous @#%^% Federal Judges presiding, I decided not to proceed with my lawsuit. I had a pretty good case, I had even gone to the FBI in Lansing, you see the 2nd District Court Judge, Donald L. Sanderson had failed to file out the paperwork to return me to the custody of Gerald Hicks, Sheriffy of Hillsdale County over the course of 4 weeks. I was unlawfully held, all my paperwork was blank, the Sheriff had absolutely no lawful authority to hold me in his jail! Donald had a problem, I hadn't posted bond, hadn't signed any court papers, hadn't hired or accepted an attorney, hadn't done anything to grant the court jurisdiction! You see whether anyone out there wants to believe it or not, for a court to lawfully (and the key word here is lawfully) proceed, they must have personum and subject matter jurisdiction! They didn't have either on me, what was poor Donald to do? Lock me up and throw away the key?!
suijurisfreeman
August 20, 2003, 09:34 AM
hammer4nc,
So you see I had a warrant 'hanging over my head' for over two weeks, where was I, hiding from the long arm of the law? I don't think so, I was down in front of the 2nd District Court building protesting, but I couldn't get anyone to come out and arrest me! What really goes on in our 'just us' system today?! It's like a play, everyone has their part to play, as long as everyone plays their part the business of 'just us' works great! It's all fraud, but not too many are willing to go to the extent that I have to make a point!
Thumper
August 20, 2003, 09:42 AM
There are other proofs of financial responsibility than just insurance, check it out!
Oh...I'm not talking about getting around a dumb law...I'm talking about actually having the means to cover any liability you incur from driving.
You know...as in having money to cover some kid's rehab if your brakes fail...that sort of thing.
It's all fraud, but not too many are willing to go to the extent that I have to make a point!
Hey, do you have your own pom poms and a megaphone with your name on it? :D
ojibweindian
August 20, 2003, 09:58 AM
suijurisfreeman
I find this all rather interesting. It appears to me that what you are doing is forcing LEAs and the judiciary to play by the rules as written, regardless of how obscure these rules can be. Am I correct in saying that?
Henry Bowman
August 20, 2003, 10:04 AM
Good for you. My comment stands. Doesn't sound like "ignoring the State" to me.
2dogs
August 20, 2003, 10:07 AM
suijurisfreeman
freeman- you aren't.
'Nuff said?
:scrutiny: :( :)
suijurisfreeman
August 20, 2003, 10:07 AM
Thumper,
When I said that there are 'other' methods of showing financial responsibility than just 'insurance' that's exactly what I meant! Mandated insurance is not the only way to provide compensation for an accident that you might be liable for. I don't currently 'own' a motor vehicle, haven't since my divorce in 1998. When I'm at my property in Kentucky I for the most part ride my mountain bike. I'm currently building my own recumbent tricycle for my main transportation, I am doing this because I believe that motor powered vehicles are a major cause of pollution. I prefer the HPV's (human powered vehicles). At my place in Kentucky I am not hooked up to any public utlilities, I heat and cook with wood, grow alot of my own food and live a very simple life! I'm planning on building an 'Earthship' for my house, that's the one built out of used tires packed full of dirt and stacked like concrete blocks. I decided ten years ago to simplify my life and that's exactly what I've done!
Thumper
August 20, 2003, 10:16 AM
Doesn't sound like you're infringing on anyone else, then. Just try not to ruffle too many feathers...unfortunately, as we've seen, the Feds don't care so much about the letter of the law.
Remember, used tires burn terribly hot. ;)
suijurisfreeman
August 20, 2003, 10:28 AM
Henry Bowman,
Actually since 1997 my life has been very peaceful when it comes to 'the State'! If 'the State' attempts to screw with my rights, I deal with that specific issue and nothing more. What I ignore is the endless rules and regulations that the State attempts to force on most people and their lives!
2dogs,
How so 2dogs? 'Nuff said' doesn't say anything!
Let's define FREE: not subject to legal constraint of another. FREEDOM: The state of being free; liberty; self-determination; absence of restraint; the opposite of slavery. LIBERTY: exemption from extraneous control. The power of the will to follow the dictates of its unrestricted choice, and to direct the external acts of the individual without restraint, coercion, or control from other persons.
True freedom only comes with death, until that time I live about as free as is humanly possible!
ojibweindian,
Natural, absolute, inherent and inalienable rights protected by the Bill of Rights and/or Constitution are the first rules! When it comes to 'just us' in this country today, you're not going to get it in their courts, not if you play your assigned role, it's a business, they're making money at this business called 'just us'! Just open wide and say ahhh! Most of the prosecutors and judges that I've dealt with don't have a clue as to what 'laws' their trying to enforce, it's like we're playing 'Let's make a Deal'! I've merely taken the time to check out their 'laws', when I owned property in the State of Michigan and was doing all my legal combat I purchased a used two volume set of the Michigan Court Rules, Judge Sanderson wasn't too happy when he found that out! If you're going to play the game, you better check out the rules first!
Felonious Monk
August 20, 2003, 11:52 AM
suijurisfreeman--
Interesting thread topic!
I agree we should take measures NOT to let our freedoms be eroded by those calling the BoR or the Contsitution an "evolving document".
But I also think most of us with wives, kids, jobs, and so on are not going to take it to the extreme that you have, even willing to be jailed to prove your point (that doesn't seem to have changed anything).
You said: it's my trap that I've baited to catch a wayward LEO that just might attempt to violate my right to carry in the open! and I think THERE is the underlying issue: you're willing to die on a hill to prove your point.
If it means taking our guns, then yes, I would probably agree.
If it's just to "trap" some poor 22k/yr., 22yr. old LEO with a HS education in some aspect of constitutional law, then it's a scummy thing to do.
If it means working WITHIN the constraints of law to change the law, I think that's the desirable road for MOST of us.
You're holding all 3 tracks and waiting for the zap, IMO.
To hand a LEO a notice like you did is, in my mind, stirring up trouble unnecessarily. YMMV.
My motto is "under the radar". Give 'em NOTHING to be suspicious of.
tyme
August 20, 2003, 12:13 PM
If it's just to "trap" some poor 22k/yr., 22yr. old LEO with a HS education in some aspect of constitutional law, then it's a scummy thing to do.
With all due respect to LEOs, if a 22yo doesn't understand the rights specifically enumerated by the state and federal constitutions, that's fine, but he has no business enforcing the law.
suijurisfreeman
August 20, 2003, 12:13 PM
Felonious Monk,
I in no way suggested that you are anyone else should attempt to do what I've been doing now for over 10 years! There has been a price to pay for the road that I've choosen to travel down, not complaining, just stating a fact. Over the past 10 years my weapon has been my mind, even with all that I've done I don't really think that I've placed myself in that much danger! I've become rather adept at walking the freedom tight rope, no major falls yet! Not yet! Today it's not like it was when I started down this road back in 1993, back then I didn't know jack, now I've had 10 years of educating myself to fall back on. It's like playing chess, I'm thinking 10 - 15 moves ahead, I usually see them coming and I'm patiently waiting, waiting for them to attempt to gain lawful jurisdiction over the Human Being known as Winston Ward Johnson. Actually it's rather amusing, just like when I was unlawfully held for 27 days the first time in the Hillsdale County jail for refusing to post bond, my daughter drove 90 miles one way, brought a bail bondsman from Elkhart, Indiana to bail me out, but I refused because that would have granted them jurisdiction. Judge Donald L. Sanderson and his gang did just about everything that they could to get me to post that bond, but I never did. I haven't been arrested since September of 1995, so that sorta speaks volumes all by itself!
p35
August 20, 2003, 12:13 PM
Speaking as someone who spends most of his working life in courtrooms, I can tell you that when someone starts up with the "I'm a Freeman, you don't have jurisdiction, I'm sovereign, I don't like the yellow fringe on the courtroom flag" routine, eyes glaze over real fast. The reality is that the courts are going to enforce the same set of rules for everyone, and you can't write your own and expect the court to be bound by them.
What your transcript shows is that the judge didn't see a need to issue a warrant when you had already served 27 days in jail for driving without a license, not that he couldn't have had he wanted to. Most of us have lives that don't allow us the luxury of spending four weeks in jail on principle.
Cervantes, in Don Quixote said that "too much sanity may be madness, and the maddest of all, to see things as they are and not as they ought to be." Most of us have to deal with things as they are. In a way, I admire your willingness to try to live as you think things ought to be rather than as they really are. Just remember that when you tilt at windmills, the smart money is on the windmill.
DigitalWarrior
August 20, 2003, 12:14 PM
Preacherman: If the current situation continues unabated, then we may have to overthrow our unconstitutional government in a few decades.
I think this way is better. We might be able to avoid it if there is a good precedent put in place by this guy. It is far more likely he will wind up confined in a deep deep cell, and I think that he knows it. suijurisfreeman may be a little off kilter, but I respect his stand (not sure of the legality) because he is harming no-one.
He is fighting the nasty beuricratic beast with its own weapons (red-tape and obsfucation). It is an interesting contest for sure.
suijurisfreeman
August 20, 2003, 12:38 PM
p35,
It's not just that one instance, I was stopped at a Kentucky State Police roadblock on May 22, 2002. I went round and round with the two State Troopers, at first the one said that in this State, if you don't have a 'driver's license' you go to jail, eventually a 'ticket' was issued and I was 'allowed' to travel away with them knowing that I didn't have a 'license'. I filed my Judicial Notice with the court, went to their 'arraignment' proceedings on June 6, 2002, was there for over 3 hours, got up and walked out. There was no warrant issued for 'failure to appear', in fact like I posted before Judge Ropp actually removed my entire file from the clerk's office. 'My case' wasn't in the court report given to the newspaper as is normally the case, my paperwork that I filed, even my file just disappeared!
My handle, suijurisfreeman has absolutely nothing to do with my tactics, I don't believe the 'gold fringed flag' has anything to do with jurisdiction, but nevertheless once jurisdiction has been challenged, jurisdiction must be proven before the court can lawfully proceed. When I was released by Judge Harvey Moes on my writ of Habeas Corpus, it was because as Judge Moes said, Judge Donald L. Sanderson didn't have lawfully authority to issue the bench warrant, I was being unlawfully restrained of my liberty! Judge Sanderson was quoted in the Hillsdale Daily News as saying, that Mr. Johnson and his group may get more grease than they want if they don't quit making squeekie noises! I never did get that 'lube job' that Donald promised me!
Thumper
August 20, 2003, 12:54 PM
I never did get that 'lube job' that Donald promised me!
27 days in jail with no lube doesn't sound like a picnic to me.
It also kinda goes against what I'd claim as "freedom."
suijurisfreeman
August 20, 2003, 01:16 PM
Ahh Thumper,
The price of liberty is eternal viligance! All of us die someday, but the question really is, what did we live for?! For 10 years now I've lived for freedom and loved every minute of it! :banghead: :D
suijurisfreeman
August 20, 2003, 01:24 PM
If you run away, you'll live. But lying on your beds many days from now, what would you give for a chance, just one chance to come back and tell your enemies that you may take our lives, but never our freedom!
god I just love the movie, Braveheart! :banghead: I think if I just quit doing that the pain will go away!
TearsOfRage
August 20, 2003, 01:27 PM
:rolleyes: Magical thinking. Say the secret incantation and the world bends to your will. Riiiiight.
Edward429451
August 20, 2003, 01:33 PM
Magical thinking. Say the secret incantation and the world bends to your will. Riiiiight.
Defeatist attitude. Lack of initiative. Lack of will. Improper mindset. Fear.
:scrutiny:
Thumper
August 20, 2003, 01:36 PM
what did we live for
Well, let's see:
If you're willing to spend a month in jail, you can be a "free man" who lives in a house of used tires, whose only manner of conveyance is a bicycle, whom local officials have largely written off as a harmless crank...but you get to open carry, right?
Somehow I'm failing to see the upside of all this.
Let me ask you this, if you work, do you pay taxes?
agricola
August 20, 2003, 01:38 PM
http://imagesource.allposters.com/images/151/FT3.jpg ;) :D
Keith
August 20, 2003, 01:39 PM
The only way bad laws are changed is when brave men stand up and challenge them.
I'm sure Suijuris realizes he's "hanging out there", but he's apparently willing to accept the consequences and fight the good fight as far as he can take it.
I salute you, sir!
Keith
suijurisfreeman
August 20, 2003, 01:43 PM
Thumper,
No Donald really wanted to give me the 'full service' lube job! Not just the 27 point quickie lube job - the full service lube job! I had more fun with Donald and Michael R. Smith, the Hillsdale County Prosecutor, it really was quite a game that we all played for over 3 years! I used to set Donald up so he would say things on the record that I knew I could get him in trouble with the Michigan Judicial Review Board in Detroit. There were several times when Donald or one of his minion deleted parts of the proceedings just so he wouldn't get in trouble. I've got tape recordings and witnesses to prove that he in fact did or had someone else do his dirty work for him. Some people have wondered why I've done what I've done, if they only actually understood how their 'just us' system works! They're all like cattle going down the shoot to their own slaughter! :banghead: How many times can I do this before I pass out?!
Thumper
August 20, 2003, 01:48 PM
To be honest, I have to agree with Ag (somebody write that down) that you're about half nuts, but you certainly seem to be having a good time with it.
I wish you the best of luck. No kidding. :D
2dogs
August 20, 2003, 01:54 PM
How so 2dogs?
Really, I was being (trying to be?) facetious.
But now that you mention it another point comes to mind- and that is that your opinion and my opinion of what the Constitution (or BOR) says (although it may be 100% correct) doesn't matter a wit in the real world.
You know what the 2nd Amendment says, I know what it says and everyone on this board knows what it says. Judges, whom I presume have to be more than complete imbeciles to get into their position know what it means.
And yet they (and those who serve as enforcers) have the power to fine you, put you in prison or kill you for not submitting to their interpretation of it, or any law that they decide (or more correctly the legislature decides) to take from it.
Submit or pay with your fortune, freedom or life- that ain't no freeman.
:( :(
suijurisfreeman
August 20, 2003, 01:56 PM
agricola,
I bet you thought you saw me on there somewhere, come on now, didn't you?
Thumper,
My house of used tires would be a giant leap forward! Check out my 'cardboard yurt' on my website:
http://www.angelfire.com/rebellion2/suijurisfreeman
My youngest son and I pre-fabricated two of these things back in the fall of 1999, set them up on our 20 acres in Monroe County, Kentucky right before y2k. These are our temporary shelters until we get our 'Earthships' built, they only cost about $1,500 to build and they're just as serviceable as the day we set them up, so to be 4 years now!
My 'only manner of conveyance' is by choice! Automobiles are destroying this planet! I try to consume as little of this planets rescources as possible.
I spent 27 days in jail only because I refused to post bond, if I would have posted bond it would have granted the court jurisdiction, if you don't think so just read the entire bond form!
Thumper
August 20, 2003, 02:05 PM
OMG! You live in a cardboard house? You ARE a nut!!! :D
My favorite kind though...carry on!
My coworkers are wondering what the hell I'm laughing about. Nice.
:p
El Tejon
August 20, 2003, 02:08 PM
As a member of the Establishment, I find this . . . . hilarious!:D
I can just see the copper's reaction to this "notice" thingy. Mmmmkay.
suijurisfreeman
August 20, 2003, 02:35 PM
Thumper,
You can laugh all you want, but the actor Dennis Weaver owned a 10,000 square foot 'Earthship' in Taos, New Mexico several years back.
My "Earthship" will only cost me about $8-10,000 to build, so why should I have spent $4-5,000 to build a temporary shelter? Doesn't make any sense to me! Hey, my cardboard box is pretty cool!
Sounds like some people want me gone from this forum, too much controversy on my part, even my handle suijurisfreeman scares some. I see the word 'freeman' in Kentucky's Bill of Rights, sui juris is from the Latin meaning, "Of his own right; not under any legal disability, or the power of another. I guess that is pretty scarey in today's world! The group known as the 'Montana Freemen' were actually defrauding people out of money all over the country, when I was in Hillsdale, Michigan I refuse to get involved with these people - too radical for me!
Again I will quote from the book, Our Government, page 11: "The people are still the sovereign; the Constitution still challenges any who would trespass individual rights of exceed the bounds of authority." "Our laws are of three kinds, listed in the order of their superiority. 1. Constitutional 2. Statutory. 3. 'The Common Law'. As has already been shown, Constitutional Law is the fundamental law. It is the foundation upon which the whole structure of our government rests."
What a pity in deed, that people in this country today have strayed so far from the fundamental principles that were once the foundation blocks that this country was built upon! Truely a sorry state of affairs! Where did the American dream of liberty go astray? Sad, truely sad!
Thumper
August 20, 2003, 02:53 PM
Hey, I'm laughing with you, brother! If that's the lifestyle you've chosen for yourself, more power to you.
And I can't speak for others, but I doubt that anyone here wants you gone for the reasons you state.
You just come off a little contentious and "in your face." Some folks are put off by that.
DigitalWarrior
August 20, 2003, 03:02 PM
While I have enjoyed this, I wonder one thing. Earlier you said
[QUOTE]
At my place in Kentucky I am not hooked up to any public utlilities, I heat and cook with wood, grow alot of my own food and live a very simple life!
[QUOTE]
You seem to have been on the internet a while. What powers your 'puter, and what connection do you have to the WWW? I was thinking that a friend might be kind of annoyed at a stay-over lasting several days, and public libraries close. Note that I am not calling you a liar, I just want to know.
Thumper
August 20, 2003, 03:05 PM
Neither ISPs or electric companies are public utilities. They're private companies, right?
I am wondering how he makes enough money to cover his liabilities. Maybe he'll enlighten us?
Intune
August 20, 2003, 03:07 PM
Stay, please. A breath of fresh air is always welcome. Many, including me, talk the talk. You, sir, walk the walk! Anyone who cares a whit for future generations and the oppression by OUR government would do well to lend you their ear. I too salute you and your efforts to live free. Carry on Patriot!
suijurisfreeman
August 20, 2003, 03:17 PM
Digital Warrior,
The reason that I seem to be on the 'puter all the time is because for the past 16 months I've been up here in northern Indiana at my daughter's place, she's 33, but has been quite sick since February of 2002, her hospital/doctor bills are now over $350,000 and they still don't have a clue as to what's wrong with her. We've had her to Mayo Clinic in Rochester, Minnesota twice, IU Medical Center in Indianapolis too many times to count. My life has been put on hold for the most part since May of 2002, I only get back to my property in Kentucky once a month for 3-4 days. This sure sucks, but what's a father to do? My daughter comes first. That's why I had to make that 800 mile round trip when that 'incident' came up with my son back in July. Obviously I've got too much time on my hands, well not really, I've been doing remodeling for friends to get some of those 'Federal Reserve Notes' and working on my recumbernt tricycle project, it's just like my 'cardboard yurt', pretty cool! Oh how I long for my old Kentucky home! Life is much, much simplier there!
Don Gwinn
August 20, 2003, 03:23 PM
"Freeman" doesn't bother me. I just assumed you were related to El Tejon . . . . . :neener:
Seriously, I understand the concept of putting a law enforcement officer on notice so as to lessen his ability to fall back on an "acting in good faith" defense to a charge of malicious or unlawful arrest. I carry a copy of Illinois' transportation laws with me when I carry a gun for just that purpose. However, in my case, the actual laws on the books as passed by the legislature and approved by the courts agree with my position. The notice is really only there for the average Illinois police officer who assumes he knows the law--since "everybody knows" there's no legal way to carry a gun in Illinois--and doesn't even realize that what I'm doing is actually legal. In other words, it's only going to help me either:
a. When I encounter a decent, honest, but genuinely mistaken cop, or
b. AFTER the arrest and trial when it's time to sue the police department.
Whether it will really be any help at all in those situations, I don't know. But if handled politely and courteously, it probably can't hurt.
I admit I didn't read the whole thread, but has anyone pointed out whether Kentucky law (besides the constitution) allows for legal open carry? If it does, then this is not a bad idea. It would be an even better idea without all the attempts at legalese, especially the stuff about defining yourself as a human being. Plain, straightforward language would serve you better and lessen the "crazy" vibe some people are getting, I think.
suijurisfreeman
August 20, 2003, 03:29 PM
Thumper,
That's the beauty of my life, everything that I do have is paid for, my property taxes on the 20 acres are only $63.00 per year! I've still got supplies that I bought back before y2k setting around. Before I came up here to my daughter's place in May of 2002, I had 800 strawberry plants, 40 some plus Black and Red Raspberries, 10 blueberry bushes, 6 apple trees, 3 Tangerine trees, cranberry bushes and a pretty cool terraced garden area to grow vegetables in. I truely do choose to live the lifestyle I'm living, it's pure freedom compared to what most people live! I owned and operated my own businesss for 27 years so money is not a problem, I just decided two years ago to stop working, what's the point, I don't need the money. So why not enjoy doing what I want instead of slaving away like most people are forced to do? I'm only 55 and I'm having the time of my life, it's like being a kid again! But as I'm sure you've figured out, I'm dead seriously about this freedom thing and have been since 1993.
If I'm going to be able to remain on this forum I'll have to be more careful as to what I post, so if I don't respond to all questions it's because I've already been warned 4 times by Preacherman about my 'tone' and my 'radical' way of dealing with 'the system'. Guess I'll just have to try and set on my hands! :banghead:
bogie
August 20, 2003, 03:35 PM
What gets me is that 90% of the time when you deal with someone who isn't 100% sure of what the law actually is, it's time for "Well, I'm gonna take you in anyway, and let the judge figure it out."
suijurisfreeman
August 20, 2003, 03:52 PM
Don Gwinn,
But that's what I am, a Human Being! I'm not a person, under 'the law' even a corporation is considered a person! I'm not the same thing as a corporation, are you? The North American Indians referred to themselves as 'Human Beings', of course we all know where that got them! Instead of the term 'freeman', I could use the Latin phrase 'Homo Liber' which means 'freeman', but I think I'll stick with suijurisfreeman.
Wildalaska
August 20, 2003, 03:58 PM
my property taxes on the 20 acres are only $63.00 per year!
Pay Taxes???...I thought you were free???
I admire your self sufficiency...I think your knowledge of the law is solely lacking and your confrontational attitude towards government and LE is silly and childish. Ya catch more flies with honey than ya do with vinegar.
You wanna live in society, abide by the rules.
WilddownwithanarchyAlaska
suijurisfreeman
August 20, 2003, 04:16 PM
Wildalaska,
You're entitled to you opinion, just like I am. I can assure you that I know and know how to use 'the law' better than many of the judges and prosecutors that I've come in contact with! That's why Winston Ward Johnson never spent one single day in jail for any 'alledged crime', only for refusing to post bond. I've learned how to effectively use their writ of Habeas Corpus, Motions to Dismiss, etc and I've done it all pro se, in propria persona without the aid of any lawyers. I'm living proof that you can indeed 'fight cityhall' and win! I guess that scares people.
Yes I pay property taxes, I'm not a parasite, I use the county roads and the public library in Tompkinsville. My property taxes go towards paying these services, so of course I pay property taxes! I'm paying for services rendered, there's nothing 'unfree' about that. I've changed my lifestyle so that I don't have to 'jump through all the hoops' that most people do just to survive. Life's simplier that way!
El Tejon
August 20, 2003, 04:17 PM
Aw, come on, wild. Was your sense of humor mauled by a bear?:D
suijurisfreeman
August 20, 2003, 04:30 PM
Wildalaska,
You posted, "You wanna live in society, abide by the rules." I would have to ask, what rules established 'society' in this country? Wasn't it the Bill of Rights, the people's prior reservation of natural, inherent and inalienable rights, and the Constitution that established our 'civil society'? I really believe that it's the 'public officials' that need to abide by the rules set by the people in their Bill of Rights and/or Constitution!
AZ Jeff
August 20, 2003, 04:40 PM
Freeman, I have to ask one question about your independent lifestyle:
What do you do if you become truly ill, and need medical care beyond a visit to the local GP? Are you independently wealthy enough to fund your hospital stay, etc.? Or do you rely on alternative medicine approaches?
Wildalaska
August 20, 2003, 05:29 PM
Aw, come on, wild. Was your sense of humor mauled by a bear?
Naw I just find certain people more scary then funny....
WildpeaceandloveAlaska
KC
August 20, 2003, 06:45 PM
"Please remember that we take The High Road in all things. This includes respect for the law: and if the law is not deserving of respect, our approach should be to work for its amendment or removal, not to advocate illegal flouting of laws that could get our members imprisoned for doing so."
"WHEN in the Course of human Events, it becomes necessary for one People to dissolve the Political Bands which have connected them with another, and to assume among the Powers of the Earth, the separate and equal Station to which the Laws of Nature and of Nature's God entitle them, a decent Respect to the Opinions of Mankind requires that they should declare the causes which impel them to the Separation.
WE hold these Truths to be self-evident, that all Men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the Pursuit of Happiness -- That to secure these Rights, Governments are instituted among Men, deriving their just Powers from the Consent of the Governed, that whenever any Form of Government becomes destructive of these Ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its Foundation on such Principles, and organizing its Powers in such Form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient Causes; and accordingly all Experience hath shewn, that Mankind are more disposed to suffer, while Evils are sufferable, than to right themselves by abolishing the Forms to which they are accustomed. But when a long Train of Abuses and Usurpations, pursuing invariably the same Object, evinces a Design to reduce them under absolute Despotism, it is their Right, it is their Duty, to throw off such Government, and to provide new Guards for their future Security. Such has been the patient Sufferance of these Colonies; and such is now the Necessity which constrains them to alter their former Systems of Government. "
(Damm, I whish I could write like that...)
seeker_two
August 20, 2003, 06:49 PM
suijurisfreeman: More power to you. Carry on.... :cool:
Edward429451
August 20, 2003, 08:56 PM
One big problem is that the people have no voice in the courtroom. You can't get a jury of your peers anymore. Its a jury of their peers. The townfolk that know, work, live around and deal with the guy on trial are the ones supposed to be on the jury trial. That is what would keep the court in check. They wont let us have a jury of peers any more, they've gone all De facto on us and there is no justice or authoritive citizenry ruling.
And there aint nobody yelling about it. The police state is here and you guys are laughing at the man trying to say the redcoats are coming and I know a way to stop them....What a bunch of 80%'ers.:banghead:
I feel your headache freeman. Truth is not 80%.:)
suijurisfreeman
August 20, 2003, 09:28 PM
Edward429451,
It was an article in Backwoods Home magazine, Jan/Feb 1993 about 'Fully Informed Juries" that got me started down this road. Read that article got in touch with Zeno Budd of Ovid, Michigan who was holding a meeting in Hillsdale, Michigan about property rights on April 19, 1993. Went to that meeting, had my 'epiphany' and have never been the same since! You don't know how many times I've asked, why did the light bulb come on in my head, why me?! I took on the crusade of property rights, started passing out literature about 'land patents', probably something like 4,000 copies were passed out in Hillsdale County, Michigan over a six month period! I found out later that Michael R. Smith, the Hillsdale County Prosecutor had already started a 'file' on me, that 'land patent' booklet was the first piece of 'eveidence' in the file. At that time my wife and I owned 43 acres just south of Hillsdale, Michigan, we were in the process of building a 40' diameter 'geodesic dome home', I had taken out all the 'required' permits, but was told by the Hillsdale County building inspector, Galen Borten that I didn't need to worry about getting one for the 15'X20' portable barn that I had built to store my tools in while I built the geodesic dome. In August of 1992 upon returning from a wargaming convention in Pennsylvania I had received a nasty letter from Mr. Borten stating that I needed to get that $14 permit for my portable barn afterall. I went in, reminded Mr, Building Inspector that he had told me that I didn't need the $14 building permit and since that was the case I wasn't going to get it, well actually I said alot more than that, but I can't type here what I told him! I didn't hear any more about the $14 permit until January 10, 1994, while I was in Chicago on business my neighbor told me that two State Police vehicles and two Hillsdale County Sheriff's vehicles were at my place. I went down to the Sheriff's Department the next day to find out what was going on, at which time I was arrested for failing to get that $14 building permit. In the State of Michigan it's a criminal offence not to get a building permit, possible fine was $500 per day and possible jail time of 90 days for each day that you didn't have the permit, each day was a new and seperate offence! Since I had built the portable barn in May of 1991, something like 2 and one half years had gone by, if these people were serious, I technically was facing $450,000 in fines and a possible 230 year jail sentence! Pretty serious for not getting a $14 building permit! This time I made the mistake of posting 10% of a $250 bond, big mistake! I decided to do my own legal work and at my pretrial hearing on February 2, 1994 Judge Donald L. Sanderson informed me that I was not in a Constitution Court, so I was not to be bringing up the Constitution! I of course asked Judge Sanderson, then what the hell am I doing here? We had a trial in March of 1994, after picking the jury and opening statements, Judge Sanderson called for a recess, the assn't. Prosecutor, Neil Brady asked to speak with me, he told me that after hearing my opening statement that it sounded like I had a good case and just might win it, but that if I would just pay the $14 fee they would drop all the charges (yes they had loaded more charges on the original charge of no building permit, I guesss they thought that would make me comply!) against me. I told Mr. Brady that I was told by Galen Borten, the building inspector that I didn't need a building permit for that barn and therefore I had absolutely no intention of getting one now and that even if I lost the case I wouldn't compromise my principles. We finished the trial that day, I was found guilty, fined $200, given 6 months probation, and ordered to get in compliance with the building code. I told Judge Sanderson to his face, while he sat on the bench that I would not pay the $200 and that I would not get in compliance with the building code. I was 'asked' to sign a probation order, I told the clerk that I would have to read the order before I would sign it, one of the conditions of probation was that I would not leave the State of Michigan without getting permission from the court. Needless to say I told them that I would not asked permission and refused to sign the probation order. The clerk told me that they 'needed ' me to sign the probation order! You see a probation order is a contract, if you sign said contract, you can and will be held liable for any violation of the terms of that contract.
to be continued
number6
August 20, 2003, 10:06 PM
Freeman, I admire your effort and determination. Your thread, and the Alabama Judge who is fighting to keep his 10 Commandments Monument outside his court house has turned on a light inside my noggin.
The Alabama courts have ruled AGAINST what the founding fathers wrote and based this country on. And the judge in this case has made it clear he intends on upholding the oath he took when sworn in to his position. Which means he is not going down without a fight. What's next? The courts telling court houses and judges what style furniture to have and where to place their furniture?
Let's take our country back from the Left Wing Socialists!!!
Edward429451
August 20, 2003, 10:55 PM
I technically was facing $450,000 in fines and a possible 230 year jail sentence! Pretty serious for not getting a $14 building permit!
Yep. They can come down on you like that, and thats ok b/c its 'the law' but don't you dare break the de facto law by any independant thinking now or be jailed/killed by the eminent domain and be amusement for the lemmings who know no better. Lets all go to the Colosium and watch an execution for a man who dared to not pull a permit, oblivious to reality. There sure is a lot of deception going on.
These tactics do work somewhat but you got to be right on top of it and say the right thing at the right time or they treat you like a kook. Sometimes they back off if you follow procedure correctly and hold them to key issues at the right time. If everyone would always put these people on notice and not going around waiving rights, They would have to take notice and deal with the public responsibly and de jure.
But people are scared. They stopped standing up for themselves long ago and its to the point now, that you actually get ridiculed for standing up for yourself. Fear's hard to see through I guess. Probably one or two more generations and no one will remember how it is really supposed to be.
I stopped waiving any rights bout ten or so years ago, and while it always makes em mad in court to ask to take the long road, I seem to always fare better than if I'd sign-waive-pay. (Hey freeman, start another thread on land patents...;) I never got around to ordering that book even tho I kinda know the gist of it.)
Denko
August 21, 2003, 12:07 AM
You have my respect.I don't care what you live in or how you make your living.Instead of rolling over and taking it,you stood tall.Carry on!
suijurisfreeman
August 21, 2003, 08:36 AM
continued from the bottom of page 4 .......
As I said, I was asked to sign the probation order which is nothing more than a contract. For any contract to be valid it must be enter into voluntarily, I didn't agree with the terms of their 'contract' so I refused to sign it! Over the course of the next 6 months the court kept sending me notices to appear for 'probation meetings', I finally took my mailbox down so they couldn't be delivered any longer. Since that day in 1994 I've never had an 'address', I receive any correspondence at General Delivery, currently I receive correspondence at General Delivery, Dubre, Kentucky 42731. In September of 1994 I was stopped by a Hillsdale City Police officer, Todd Holtz for no plates on my truck. When stopped, officer Holtz asked to see my 'driver's license' and 'registration' and was told to step out of the vehicle. I asked officer Holtz if I was under arrest, he responded, no. I then told officer Holtz that since I was not under arrest that I didn't need to get out of my truck. Officer Holtz then called for back-up. I was then 'questioned' by a SGT with the Hillsdale City Police Department while still setting in my truck, I told him that before I answered any of his questions I needed to know if anything that I said would be used against me in a court of law. The SGT wouldn't answer my question, so there we were at a stalement, lots of questions, but no answers! Finally the SGT told me to get out of my truck, I again asked if I was under arrest, he finally said yes, I exited my truck and was placed under arrest. By the time we got to the Hillsdale County jail it was around 7 pm, they were still attempting to 'question' me, but I still had not been told whether anything that I answered would be used against me in a court of law. They asked me, You know that truck you were driving .... , I responded, I didn't say that I was driving any truck, I didn't say that was my truck. This went on and on until finally they decided to call Michael R. Smith, the Hillsdale County Prosecutor at home to figure out what else to charge me with. He finally came up with the felong charge of 'resisting and obstructing' a police officer, when the SGT made this additional charge he made it quite clear that this was a 'felony' charge, but I only replied, 'now that really scares the hell out of me!' So I was charged with 'no operator's license', 'no registration', 'no insurance', 'fingerprint refusal', and the really big one, 'resisting and obstructing'. I didn't actually refuse to have my fingerprints taken, I just demanded to see the 'law' that allowed them to take my fingerprints, which of course they refused to produce. They knew who I was from the building permit trial! From my 'law office' in the Hillsdale County jail I hand wrote a 27 legal brief, Motion to Dismiss the next day to get the felony charge of 'resisting and obstructing' a police officer dropped. You see even if I had committed a crime I had absolutely no obligation to answer any questions directed at me by the police, and I certainly would have been an idiot to answer any questions if I had not been told whether of not my answers would be used against me in a court of law! I cited many court cases to prove that I in fact had not 'resisted' or 'obstructed' the police, I merely refused to answer their questions, something that I had a perfect right to do! In fact, if I remember correctly I the party of the first part, could not 'obstruct' a police officer, party of the second part, it requires a party of the third part to do the 'obstructing'! I think that's the legal requirement, it's been 9 years since I've had to use this information so I'm not quite sure. Anyway Judge Donald L.Sanderson heard my 'Motion to Dismiss' a couple of days later and the charges of 'resisting and obstructing', and 'fingerprint refusal' were both dropped. This is just another example of how prosecutors and police 'pile on charges' to intimidate the accused! Fortunately for me I had all the information I needed to refute these false charges! When I was charged with the 'resisting and obstructing' count no bond was allowed because it was a felony, once that charge was dropped Judge Sanderson set my bond at 10% of $2,500 , but like I told him there was absolutely no way that I was going to make the mistake of posting bond again! He said that I would not be releasedd unless or until I did. When I was arraigned for the remaining three charges, 'no operator's license', 'no registration' and 'no insurance', Judge Sanderson said, 'Mr. Johnson I see that you do not have a lawyer', I answered 'that's correct', he said, 'will you be having a lawyer today', I answered, 'absolutely not1', he said, 'will you then be representing yourself?', I answered, 'I can't represent myself, I am myself!' Judge Sanderson had a brief moment of levity! I was returned to the custody of Gerald Hicks, Sheriff of Hillsdale County until I either posted bond or went to trial, but the required paperwork to do this was never filled out, it was left blank! I think that this was about the time that my daughter drove 90 miles one-way, bringing a bail bondsman from Elkhart, Indiana to get me bonded out of jail. I of course refused to be bonded out because I didn't want to give the court jurisdiction (if you don't believe this, read the entire bond form, front and back!). Anyway two weeks went by, and I was taken before Judge Sanderson again, he informed me that he had dropped 'my bond' to $0, that's right I said $0, all I needed to do was sign my name on the dotted line and I could go home! I said, no I told you that I will never post bond again (which even just my signature on a bond form means that I've agreed to the terms and conditions of that bond) and so I was again unlawfully returned to the custody of Gerald Hicks with absolutely no required paperwork filled out! Another 2 weeks goes by and one of the jailers comes into the 10 man cell that I was being held in and informs everyone that the cell was being 'cleared', when the cell was cleared I was informed that I was being released, I said but I've already told Judge Sanderson that I'm not going to sign a bond agreement, I was told that I needed to sign nothing, I was being released! The reason that they cleared the 10 man cell was because for the past 4 weeks that I was being unlawfully held I kept telling the other 'cellmates' that they eventually had to let me go, they couldn't hold me indefinitely. I was then told that I would have to sign to get my clothes and personal possession returned to me, I refused to sign and said that I would leave the jail naked if they still refused to give me my clothes and possessions, they gave me my stuff! That was on November 8, 1994, oh how well I remember that day! Oh I forgot to mention that after my arrest they (City Police, County Sheriff's Department and State Police) spent 3 hours trying to get three different tow truck companies to tow my truck, not one of the tow truck companies would touch it! Well they made one last effort to get them to tow it, they tried to call the owner of the business whose parking lot I had pulled into when officer Holtz pulled me over. They wanted the owner to say that he didn't want my truck parked there, thereby giving them authority to tow my truck, they were not able to reach the owner so no one would tow my truck, My wife finally got a friend to take my truck back to our property south of Hillsdale. The reason that none of the 3 tow truck companies would touch my truck is because they were already being sued by Jean Ventura for a similar incident 6 months prior to this and there was no way in hell that they were going down that road again! You see, when I was pulled over I made sure that I was on private property, that way the police couldn't just tow my truck automatically! Needless to say, the police were not too happy with this situation, that's when they came down to the jail and started questioning me about 'driving my truck'! Ah, the games people play now, every night and every day now - I think that was the words from some song in the '60's!
You see there's a reason why Winston has done things the way he has! The police and prosecutors use intimidation (like piling on charges!) and devious means to get what they want! I'm not anti-authority, I'm anti-unlawful authority! There is a difference! Prosecutor Smith knew that he couldn't make the 'resting and obstructing' charge stick, he had the police charge me with that to intimidate me, after all that felony charge was supposed to scare me, but it didn't, I lawfully filed my Motion to Dismiss because their charge was bogus! What's wrong with me defending myself from these unscrupulous people?! Someone who actually has the courage to do this should not be feared, this is the American way! This is seeking the substance of justice, not the illusion of justice!
to be continued
DigitalWarrior
August 21, 2003, 06:44 PM
Sir I would buy a book of court hearings like this. I do not believe that I will be joining you, but it would make an entertaining read.
suijurisfreeman
August 21, 2003, 08:54 PM
DigitalWarrior,
Oh, but it gets better! OK like I said Judge Sanderson ordered my release on November 8, 1994, without me signing any bond form. This was my whole point of remaining in jail for 27 days, I didn't want to give the court jurisdiction! On November 10, 1994 I had a number of motions scheduled to be heard by Judge Sanderson, the courtroom was packed, the bailiff enters the courtroom and says, "all rise" , I and five others refuse to stand, the bailiff looks at me and says, "ALL RISE" , I and 5 others still refuse to stand, Judge Sanderson wheels in mid-step on his way to the bench and storms out of the courtroom! The bailiff comes out a few minutes later and announces that court is canceled the rest of the day, it was only 9:30 am! The reason that I didn't stand was because after being unlawfully held in the Hillsdale County jail for 27 days by order of Judge Sanderson because I refused to first post bond, then just sign the bond, when he could have let me out on day one! After all, after 27 days he ordered my release without posting or signing any bond, he could have done so on day one! Of course all my motions were denied, but hey it really didn't matter, I had made my point! And by the way, there is no law that required me to stand when Judge Sanderson entered the courtroom, it's just a courtesy. The custom of rising began when the judge used to enter the courtroom carrying a Bible, the people were to stand out of respect for the Bible! I certainly didn't feel very courteous towards Judge Sanderson after being kept in jail for 27 days when I should have been let go on day one! Anyway a 'jury trial' date was set for January 10, 1995 at 9:30 am, I've already posted the certified transcript of those proceedings. Judge Sanderson stated: "The -- if Mr. Johnson does appear and wish to have a trial, there'll be further sanctions taken at that point. But we're not going to forcibly detain him on this." The court could not lawfully proceed any further because they had not yet established jurisdiction! It's all about jurisdiction, jurisdiction, jurisdiction!
Oh, I almost forgot, when I was arrested and charged with those 5 other counts, I was also charged with 'probation violation'! I was arraigned separately on that count. First Judge Sanderson stated that I was being arraigned for 'probation violation', I told him that I never signed any probation order! Nevertheless he insisted that I was in violation of 'my probation order', but I again reminded him that I couldn't be held liable for a 'contract' that I never agreed to or signed! Judge Sanderson then wanted me to raise my right hand, I asked him "what for", he said, "I want you to raise your right hand and swear to tell the truth, the whole truth and nothing but the truth." I said, "I'm afraid that I can't do that", Judge Sanderson asked "why not?", I said, "because I'm a mere fallible Human Being, I could only tell the truth to the best of my ability as such!" Judge Sanderson didn't say any more about me being sworn in! Judge Sanderson then began questioning me about whether or not I was in compliance with the building code as he had ordered me to be at my sentencing. He stated, "I heard that you tore that barn down," I said, "that's correct", he asked, "Are you saying that you're in compliance with the building code?", I said, "absolutely not!" Now the following is an exact quote from Judge Donald L. Sanderson, "For the purposes of what we're doing here today, we're going to say that you are in compliance, probation terminated." My mouth just about hit the floor! Say what?! Is this Orwellian double-speak, or what! And this came out of the mouth of the judge that wanted me to raise my right hand and swear to tell the truth, the whole truth and nothing but the truth! :confused: Like I've said before, the courts today are not about truth or justice, it's about control, power and money! None of these tactics worked on me, so Judge Sanderson just gave up, just like he did at 'my trial' on January 10, 1995!
Erik
August 22, 2003, 12:37 AM
At best the presentation of such a document will "serve" to do no more than draw the attention of folks I imagine most woould rather not draw any attention from.
suijurisfreeman
August 22, 2003, 01:06 AM
Erik,
The 'document' we're talking about here is Kentucky's Bill of Rights, Section 1, No. 7 - that guarantees my inherent and inalienable right to bear arms! If the people (LEO's) who I'd serve it to actually understood what the oath they took meant, it wouldn't be necessary to serve them in the first place.
suijurisfreeman
August 22, 2003, 09:08 AM
An interesting tidbit about the court 'requirement' of taking an oath follows. While doing some more of my research 7-8 years ago I came across this little goodie. The word testify and/or testimony come from the same root Greek word as testicles, why is this? In the ancient world the males geniality was considered sacred, therefore when swearing an oath they placed their hand on the private parts and took their oath. I'm quite serious, this is a 'historical fact'! Check out the Old Testament's account of Abraham sending his servant to find a wife for his son, Abraham had his servant place his hand 'on his inner thigh' as the King James Version puts it. But if you check out the original Hebrew, it was Abraham's gentials where the servant placed his hand. This is not in any way meant to be disrespectful towards the Bible, it's just a historical fact. If I were ever asked again by a judge to raise my right hand and swear I'd say, "You want me to do what?"
The information about testify and/or testimony can be found in any old very big dictionary, I think I got mine from Webster's 1895 Dictionary. Yes, I actually do sit down sometimes and read a dictionary just to see what's there!
suijurisfreeman
August 23, 2003, 11:14 PM
Like I posted, I was finally released on November 8, 1994 by order of Judge Sanderson without posting bond. The first, the very first thing I did once I got back home was to get into my unregistered, unlicensed truck and travel down to the 2nd District Courthouse where the Hillsdale County Prosecutor's Office was. I parked my truck in front of the courthouse, went up to the 2nd floor to the prosecutor's office asked to speak with Michael R. Smith, Hillsdale County Prosecutor, I then handed him the following large pink sign, "Natural Citizen exercising Right to Travel in a Private Property Conveyance! Conveyance NOT registered, NOT a Motor Vehicle, NOT subject to Motor Vehicle Laws. Expect prosecution under Title 42 USC 1983, and/or Title 18 USC 241, 242 for violation of a Constitutioinally protected right. (Disclaimer, this is not to encourage anyone else to do this, I'm merely posting what I did in this instance!) . Mr. Smith then asked me, "You don't have that truck registered yet?" I replied, "absolutely not!" and added, "As a matter of fact it's parked right down there (as I pointed out the window), I left his office went back downstairs, got into my truck and traveled away! No police followed me, no police attempted to arrest me, absolutely nothing happened!
I finally found my 'Motion to Dismiss' brief that I filed with the 2nd District Court on October 25, 1994 that resulted in the dismisal of the felony count of 'resisting and obstructing a police officer'. This document is perfectly legal, lawyers file this type of motion all the time on behalf of their clients so it's not illegal! Would it be OK to post this on this thread? Would anyone like to see this brief? This brief contains many court cases explaining exactly what the legal definition of 'resisting and obstructing' a police officer actually is!
A. Partisan
August 24, 2003, 12:26 AM
suijurisfreeman,
I'm digging deeper into your threads.Very,very interesting. You've got a big set to swear on. You are writing a book on your trials and tribulations, aren't you? It will be a shame if you don't. I don't have the brains to even attempt any of this stuff. Take care.
Intune
August 24, 2003, 04:10 AM
Man, you are becoming my new frickin' hero! They'd have to bring in a couple of baliffs to help you swear in that package!
Sergeant Bob
August 24, 2003, 07:32 AM
I wish I'd kept up with this thread from the start! I don't see any flouting of laws or talking down to anyone at all. All I see is a bit of "Judicial Judo". :D
We could use a few more people to stir the pot....so maybe the frogs won't come to a boil quite so soon.
When your book comes out I'd sure like an autographed copy!
Incidently, did you know Judge Michael R. Smith made The Political Graveyard (http://politicalgraveyard.com/bio/smith6.html)
A. Partisan
August 24, 2003, 08:27 AM
If only there were Judges that would dismiss charges against BS laws.
"Great spirits have always found violent opposition from mediocre minds. The latter cannot understand it when a man does not thoughtlessly submit to hereditary prejudices but honestly and courageously uses his intelligence."
Albert Einstein
"To be nobody but yourself in a world which is doing its best, night and day, to make you everybody else means to fight the hardest battle which any human being can fight; and never stop fighting." - E.E. Cummings
suijurisfreeman
August 24, 2003, 09:41 AM
Sergeant Bob,
I'm still trying to figure out if I know you, please enlighten me!
Back in 1994 my archnemesis, Michael R. Smith was just the lowly Hillsdale County Prosecutor, what a time he and I, and of course his sidekick 'No Deal', Neal Brady had! Ah, the games people play now, every night and every day now ...... :D It actually got so 'bad', with all my antics in court that they would take me in for 'surprise' arraignments, etc, they would sneak me in the back door to Judge Sanderson's courtroom so others wouldn't know I was in court! Judge Sanderson actually 'ordered' me to stay out of his court, but like I told him, I'm not bringing myself in here, the police are! It was pretty cool when we had 25 or so protestors marching round and round 2nd District Court in downtown Hillsdale! Were you aware of any of that while it was going on Bob? We actually started holding meetings at the Pittsford High School on Thursday evenings, at one point we had something like 60-80 people show up. I think we passed out something like 20,000 pieces of literature in Hillsdale County alone, but once Jean Ventura and I got arrested most of the people just ran away! I know several people said that they would never come to any of my court appearances again after I and 5 others refused to stand for Judge Sanderson on November 10, 1994, they said that I wasn't showing proper respect for 'the law'!
One of my best exercises of 'Judicial Judo' was when I filed my Motion to Dismiss on the 'resisting and obstructing' charge that Michael R. Smith filed against me! In part it reads, "Comes now the person of the respondent, Winston W. Johnson, Sui Juris, in this appearing specially and not generally or voluntarily herein, to move the Court to dismiss the charge of 'resist and obstruct an officer' (count 1) as an obvious act of frustration on the part of Michael R. Smith, Prosecuting Attorney, who lacking any real cause of action against the Assused, resorted in desperation to make this frivolous charge."
Like I said, if anyone is interested I can post my entire brief, Motion to Dismiss on the charge of 'resisting and obstructing an officer' . It's chalk full of 'court rulings' which explain exactly what the charge of 'resist and obstruct' actually means. I got most of the information from some woman in Idaho, sure came in handy when my butt was against the wall!
I think the 'powers that be' actually threw a party when suijurisfreeman left Hillsdale County, Michigan in July of 1998!
I brought so much 'heat' through the media, TV and newspapers on these people that Gerald Hicks, Sheriff of Hillsdale County actually said, "Get him out of my jail, he's taking up valueable bed space!" Channel 10 out of Lansing kept contacting him to get permission to interview me, I don't think that Sheriff Hicks liked the attention, he had some other questionable activities going on in his jail at that time! In Michigan they charged prisioners $25 per day in addition to any other court fees and fines, but since I didn't sign any papers, they couldn't even bill me for the my time in their 'hotel'! I was costing them money, that's bad for business!
suijurisfreeman
August 24, 2003, 12:13 PM
"Those were the days my friend, we thought they'd never end, we'd sing and dance forever and a day, we lived the life we choose, we'd fight and never lose, those were the days, oh yes those were the days!" Thinking of you Michael R. Smith and Donald L. Sanderson, oh yes those were the days my friends!
Name that artist and you'll receive a 'get out of jail free card'! :) :p :o :D :evil:
A. Partisan
August 24, 2003, 12:42 PM
Mary Hopkins
suijurisfreeman
August 24, 2003, 02:19 PM
A. Partisan,
You sir are absolutely correct! I just love all those 'oldies', they're in my head, even after all these years, they're in my head!
If I do this, :banghead: can I get them out of my head? Why won't the words just go away! :D
In case I didn't tell anyone, I've got a photographic memory - it's just not developed! :neener:
A. Partisan
August 24, 2003, 02:48 PM
I have found in my limited travels that :banghead:= A sore head
All my life I always wanted to be somebody. Now I'm finding out I should have been more specific.
suijurisfreeman
August 24, 2003, 02:53 PM
Something just occurred to me, I now know what my problem is! When it comes to freedom, Ive got the same problem that Chris Farley's (sp?) character 'Mr. Motivation' had on the older Saturday Night Live Show! What do you think, any similarties here? Does this suijurisfreeman have a problem or what? :evil:
A. Partisan
August 24, 2003, 03:11 PM
You live in a van down by the river? :D
suijurisfreeman
August 24, 2003, 03:15 PM
A. Partisan,
No, but out behind my cardboard yurt there's a small creek! That's kinda like livin' down by the river in a van! :banghead: man that hurts!
Or maybe, I'm kinda like Sam Kennison (sp?), I'd really have a problem if that's the case! :cuss: Sam's doing that cussing not me! :D
12-34hom
August 24, 2003, 03:55 PM
Interesting read.
Hammering court officers into the ground with there own sets of rules...
That's going to leave a mark...;)
In my travels i've run across two other individuals that held similiar views as the ones you hold.
Ones dead - the other lives in a flea bag hotel, growing his own rope.
But, if your happy - more power to ya.
Welcome to THR.
12-34hom.
Darrin
August 24, 2003, 07:55 PM
And by the way, there is no law that required me to stand when Judge Sanderson entered the courtroom, it's just a courtesy. The custom of rising began when the judge used to enter the courtroom carrying a Bible, the people were to stand out of respect for the Bible!
Romans 13:1-6
"All of you must obey the government rulers. No one rules unless God has given him the power to rule. And no one rules now without that power from God. So if anyone is against the government, he is really against what God has commanded. And so he brings punishment on himself. Those who do right do not have to fear the rulers. But people who do wrong must fear them. Do you want to be unafraid of the rulers? Then do what is right, and the ruler will praise you. He is God's servant to help you. But if you do wrong, then be afraid. The ruler has the power to punish; he is God's servant to punish those who do wrong. So you must obey the government. You must obey not only because you might be punished, but because you know it is the right thing to do. And this is also why you pay taxes. Rulers are working for God and give their time to their work. Pay everyone, then, what you owe him. If you owe any kind of tax, pay it. Show respect and honor to them all."
Since you brought the Bible into it, I thought you'd like to know.
suijurisfreeman
August 24, 2003, 09:27 PM
Darrin,
Believe me, Darrin I know quite well what Romans 13;1-6 states. I only mentioned this because it was relevant to what transpired that day in the courtroom. But this is not a discussion about the Bible or religioius beliefs, if we start down that road then this country would never have been founded, after all the 13 Colonies were under the 'lawful authority' of England. Not going to start down this road, ain't gonna do it ........ :banghead:
Before my freedom quest, I spent 4 years in the intensive study of 'religion', spent over $10,000 on reference books, started learning Hebrew at the Mennonite Seminary here in Elkhart, Indiana and was going to learn Greek also. I've got pictures of my vast library dealing with the Christian religion, I had something like 34 different translations of the Bible, reference books that ministers could only dream of having. This quest literally consumed my life for 4 years, if I'm considered to be 'radical' about freedom, you definitely don't want to get me started about 'religion'! I'm not, I repeat not going to start down that road! :banghead:
suijurisfreeman
August 24, 2003, 09:52 PM
12-34hom,
Well my shelter in Kentucky is a cardboard yurt until I can get my 'Earthship' built you can check it out at:
http://angelfire.com/rebellion2/suijurisfreeman
Nope, don't grow or smoke any 'rope', never did, and I grew up in the early-mid 60's! Don't need any drugs, as you can see I create my own 'high' by livin' the freeman lifestyle! :D
Judge Sanderson definitely wasn't too happy when he found out that I had a 2 volume set of the Michigan Court Rules, but I figured if you don't have or know the rules there ain't much sense playing the game now is there?!
I have yet to find anyone else that actually does what I do, but I just know there's got to be more of me out there? Somebody please tell me there is! I've had alot of people agree with what I'm saying, say they know it's the right thing to do, but haven't seen anyone else take that 'one giant step for freedom'! :banghead: :evil:
Darrin
August 24, 2003, 10:16 PM
All I'm trying to say: It doesn't matter if there is a human law or not. Judges are considered 'employees of God' and should be respected. Regardless of your personal circumstances.
suijurisfreeman
August 24, 2003, 10:47 PM
Darrin,
Again I'm not going discuss 'religion', your statement that judges are 'considered to be the employees of God' is based on what you think the Bible is saying in Romans 13:1-6, I will not engage you in a discussion of the Bible, nor the Christian religion! I can not, I will not start down that road with you! :banghead:
The irony of this is, back in 1987 one of my nephews was doing somewhat the same thing that I've now been doing since 1993, at that time I told him the exact same thing that you are now attempting to point out to me, I told him that he was in defiance of God's will, that all human authority was ordained by God, that we were required to obey human authority! So I really do know where you're coming from, but obviously I don't buy that line of thinking any longer! :banghead: and even alittle :cuss: , but like I said I'm not going to start down that road with you! :evil:
NukemJim
August 25, 2003, 06:49 AM
Judges are considered 'employees of God' and should be respected.
Just to be a little bit obnoxius:evil: what about the judges that convicted and sent to their deaths the Jews, gypsies, and others during WWII? What about the judges who ran the Salem witch trials or the Communist judges who punished people for having religuous beliefs during the cold war.
IMHO judging is a job.
NukemJim
suijurisfreeman
August 25, 2003, 09:33 PM
Oh I almost forgot about Mr. Pothead! After my 2 minute trial on January 10, 1995 things were fairly quiet, until one day in September my wife and I were eatin' at Taco Bell in Jonesville, Michigan! As we were looking out the window State Police, County Sheriff's and Jonesville City Police cars all of a sudden pull in the parking lot! Oh, :cuss: they've got me now! I guess Judge Sanderson had a change of heart, he decided to have me arrested again on those 3 charges that he said, "if Mr. Johnson does appear and wish to have a trial, there'll be further sanctions taken at that point. But we're not going to forcibly detain him on this." Actually the whole incident at Taco Bell was somewhat comical, I was finally wisked away to the Hillsdale County Jail and held again for 23 days because I refused to post bond. This time I was placed in a 4 man cell, one of my cell mates was an 18 year old who had sodomized a 18 month old baby boy, another cellmate was being held for raping his 15 year old stepdaughter and mind you, my charges amounted to 'no operator's license', 'no registration' and 'no insurance'!
This time 'they' tried just about everything to get me to post bond! After being brought back to the county jail from a court hearing, I was told in no uncertain terms that I would be stripsearched unless I posted my bond! I of course refused to post bond, and informed my 'captors' that if so much as one of them touched me I would file suit against each and everyone of them! I was not stripsearched, but was placed in solitary confinement for 3 days - big wup! Atleast I got away from the 'sodomizer' and 'rapist' for 3 days! Finally John Lathers, one of the jailers came into my cell and said, "I'm only going to say this once, so you better listen very carefully, you either post that bond or we're going to stripsearch you, no matter how many of us it takes or how much force we have to use! You don't have all day so make a decission now!" I figured that they were trying to get me on assault charges if I refused and put up any resistance so I decided to 'drop my drawers'. I was returned to my former cell. During my 23 day 'visit' I kept hearing from County Sheriff's Deptuies that Officer Todd Holtz of the Hillsdale City Police Department who had originally arrested me back in September of 1994 was a known pothead, it was widely known among these deputies that he stopped kids in Hillsdale and took their pot, but sometimes he would smoke it with them, especially the young girls! I'm 55 years of age, I grew up during the 60's, but I never smoked pot or used any form of drugs and that's the truth! Now don't misunderstand, I don't judge anyone that does, I just don't choose to, but in the case of Officer Holtz, it was the hypocrisy that pissed me off! I sat in my jail cell for 23 days thinking about how I would confront Mr. Pothead, but never really came up with anything good! Finally a trial date was set, I told Judge Sanderson that I would not be participating in their Legislative Tribunal proceedings! Officer Todd Holtz was eventually called as a witness, the Prosecutor, Michael R. Smith questioned him, Judge Sanderson asked me if I had any questions for the witness, I responded again that I would not be participating in their Legislative Tribunal proceedings! I then paused, made sure everyone in the court was listening (and the courtroom was packed!) raised my voice (imagine that!) and said, "However, I find it incredible that a known marijuana smoking pothead can be used to testify against me in this court!" All Mr. Pothead, Officer Todd Holtz could do was look down at the floor! Poor Mr. Pothead! Judge Sanderson very quickly stated, "Mr. Johnson you said that you were not going to participate, so were not going to let you! Strike those comments from the record!" Judge Sanderson then dismissed Mr. Pothead from the stand, he went to the back of the courtroom and sat there during the rest of 'the trial'. I kept turning around and smiling at Mr. Pothead, needless to say he was definitely not happy! But ya know what they say about paybacks, they're a :cuss: ! Well that's the last time I was arrested and brought before a judge (I can't imagine why!) :) :p :o :D :evil: Could it be that suijurisfreeman is actually Chris Farley's 'Mr. Motivation'?!
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