52 votes

Pulled over today with no license, license plate, or registration

A CHP officer came up behind me today on 680N and turned his lights on, because I dont have a plate, I knew he didnt have a warrant, I know I didnt commit any Crime, so if I pulled over, it would be considered an "Arrest by Consent". I continued to my exit, about 3/4 of a mile. On the exit the officer said "Pull over right here" through his loud speaker, I ignored him and continued to the light, turned my blinker, and turned. He repeated "pull over right now", I continued on, and took a right and pulled into a church parking lot.

The officer came to my passenger window, I immediately asked "Am I under arrest?", he said "No", I said, "So Im free to go?", he said "no", I said "So Im under arrest", this time he said "yes". I told him that I did not consent to this arrest, and asked him if he had a warrant. He said no, and asked for my drivers license.

I handed him my notarized secured party declaration, a copy of the title to the truck, and my proof of insurance.

He went back to his car for about 5 minutes. A sergeant showed up and took over. I asked him if I was arrested and he said "no". I again said "So I can leave?" he said "no, you're detained". He started talking about arresting me and towing the truck and I asked under what authority. I told him I was on private property and I have not committed a crime. He agreed, but was playing tough guy.

He started asking me what was going on with my license, asked if I was ever licensed in California, and why the truck wasnt registered. I explained all of my info, we read through the case law and cvc together, and both officers admitted that they were fascinated by this. Turns out they were anti-obama, anti-health care, and 'tea partiers' (who knows what type) but either way we made a connection.

I repeated that I have conviction and respect for the Constitution, and that I understand the codes and definitions. I reminded the officers that ALL ROADS in the United States have been deemed "channels of Interstate commerce" by the Supreme Court, and because of that, local and State laws are trumped by Federal Laws, and that in the Federal Laws a "Motor Vehicle" was a "Commercial Vehicle"...we were waiting for almost 30 minutes while they waited for word from their supervisors.

Eventually, they hand me a citation with "none" marked in the DL location, and "none" in the License Plate location. I asked him if I was required to sign it, and he said "yes, otherwise we have to take you to jail." This now made the signature "under duress". I wrote "under duress" and signed my name next to the ticket.

This is where I was surprised, the Officer said "hey, we never read you your Miranda rights, so anything we use against you in court is not admissible."
Im not sure if this is true, but I was intrigued.

I have written "refused for fraud" across the original ticket, and sent it to the Court and the CHP with the letter below attached. I have done this in the past, and never heard another word, I had wondered if there were any warrants, apparently not!
*************************************

NOTICE and DEMAND

ATTN: Certified Mail 7009 2820 0003 2274 8185
California Highway Patrol Golden Gate Division
Officer B. Knudsen
DUBLIN (390)
4999 Gleason Road
Dublin, CA 94568-3310

CC: Certified Mail 7009 2820 0003 2274 8192
JUDICIAL COUNCIL OF CALIFORNIA, THE
Also Traded as ALAMEDA COUNTY SUPERIOR COURT
5672 Stoneridge Drive
Pleasanton, CA 94588-8559

RE: CALIFORNIA HIGHWAY PATROL
Violation Number: 60435 LJ

This notice to appear was signed UNDER DURESS as evidenced by the original citation in possession of, or submitted by Officer B. Knudsen.

Because this notice to appear was signed UNDER DURESS;
1) Statements made therein shall not be considered admissible evidence,
2) As a party to this action, I hereby void this contract and notice to appear, and
3) Any perceived consent or promise to appear is hereby withdrawn.

If you, or any Officer of the court or Officer of the CALIFORNIA HIGHWAY PATROL disagrees with the facts or statements stated above, you must refute those items point by point within 10 days of receipt of this Notice, via sworn affidavit, under your full commercial liability, signing under penalty of perjury that the facts contained therein are true, correct, complete and not misleading. Mere declarations are an insufficient response, as declarations permit lying by omission and hearsay, which no honorable draft may contain. If an extension of time is needed to properly answer, please request it in writing. Failure to respond will be deemed agreement with the facts stated above and an inability to prove your claim.

_____________________________________
Name, non resident, non licensed and non registered pursuant to CVC 4, 17459, 17460
See: Edwards v. California, 314 US 160 (1941), Thompson v. Smith, 154 SE 579., Hertado v. California, 110 US 516

(Enclosed) Copy of Notice to Appear

Comment viewing options

Select your preferred way to display the comments and click "Save settings" to activate your changes.

What're you, a REAL chicken

full of chicken chit?

Maybe a public pretender, that explains the spineless chicken moniker!

"It is difficult to free fools from the chains they revere".
--Voltaire

It's hard not to be a menace to society when half the population is happy on their knees. - unknown

Prove that you've actually fought for liberty.

What have you done that mattered? A hotshot lawyer like yourself should be able to whip out success story after success story....

"It is difficult to free fools from the chains they revere".
--Voltaire

It's hard not to be a menace to society when half the population is happy on their knees. - unknown

you know what you got me

I am secret gobmint infiltrator here to spy on yer ass

"Two things are infinite: the universe and human stupidity; and I'm not sure about the the universe."-- Albert Einstein

I knew that already!

Bored yet?

"It is difficult to free fools from the chains they revere".
--Voltaire

It's hard not to be a menace to society when half the population is happy on their knees. - unknown

you know what?

I don't brag on forums on the internet. It does nothing for my business or my clients. So I won't do it.

If you need some pointers next time, message me.

here's a freebie though: lay off the mumbo jumbo, that stuff doesn't work. You get my drift?

"Two things are infinite: the universe and human stupidity; and I'm not sure about the the universe."-- Albert Einstein

So you got nothing!

'nother keyboard patriot!!!

Thanks for the freebie, reminds me that you truly get what you pay for!

"It is difficult to free fools from the chains they revere".
--Voltaire

It's hard not to be a menace to society when half the population is happy on their knees. - unknown

I see you've got another one coming up

on May 22nd. Thankfully, this time you have representation and it looks like a good case as well. I wish you the best of luck! Stay away from the admiralty court mumbo jumbo this time!

"Two things are infinite: the universe and human stupidity; and I'm not sure about the the universe."-- Albert Einstein

WTF?

You must have me confused with another one of your subjects.

"It is difficult to free fools from the chains they revere".
--Voltaire

It's hard not to be a menace to society when half the population is happy on their knees. - unknown

so how'd it go?

Did your strawman turn out to be lunch for a cow? Did you vanquish the oppressors of the bench and bar? We;re waiting for an update....

"Two things are infinite: the universe and human stupidity; and I'm not sure about the the universe."-- Albert Einstein

How did what go?

???
And cows don't eat straw ding dong!

"It is difficult to free fools from the chains they revere".
--Voltaire

It's hard not to be a menace to society when half the population is happy on their knees. - unknown

Erm

So you're in jail, right now? Filling it up? Because that's what you've advocated for.

I didn't ask if you were fighting for your rights, I asked if you were going to go to be a plug by entering prison.

Eric Hoffer

It isn't what you said,

It isn't what you said, coward!

"It is difficult to free fools from the chains they revere".
--Voltaire

It's hard not to be a menace to society when half the population is happy on their knees. - unknown

Uhhh...

Yes it is? Directly quoting myself... in the post above:

"Yeah, also most Americans don't like being "plugs." As being a plug involves jail time for the most part. You going to be the first to be a plug or are you too lazy?"

Did you just not read it or what?

Eric Hoffer

A county jail is vastly

A county jail is vastly different than a prison douche!

What are you afraid of? Why can't you drum up the courage to resist the man? Worried about your pretty bunghole?

"It is difficult to free fools from the chains they revere".
--Voltaire

It's hard not to be a menace to society when half the population is happy on their knees. - unknown

spoken like a man with experience

but still, I personally would never say bunghole in the same sentence with "pretty"

"Two things are infinite: the universe and human stupidity; and I'm not sure about the the universe."-- Albert Einstein

LOL

You can have Eric, I'm into the babes!

"It is difficult to free fools from the chains they revere".
--Voltaire

It's hard not to be a menace to society when half the population is happy on their knees. - unknown

ok, just realized this post

ok, just realized this post is from 3 years ago?

Video or it didn't happen - I call bovine excrement.

This same story has been posted many times, maybe with a slight edit here or there.

I'm not sure if someone keeps posting these things around the net because they hope to get others to follow suit and maybe people will learn the truth, or if they are plants trying to get people in trouble.

What part dont you believe?

What part dont you believe? This happened several times. On I-80 in fairfield, on I 680N and alcosta, Mountain View California, I 680 South near San Jose. Message me for more info.

There is an ongoing lawsuit. For the Mountain View case. The city has spent THOUSANDS fighting this. I know the attorney representing the city, his daughter was married recently and he refers to the wedding as the Mountain View wedding because this suit paid for it.

So far he has done a great job at getting everything dismissed or thrown out but I keep refiling objections.

I also recently beat a ticket for running a toll for my dad. The appeal court had to admit that running a toll is NOT a crime nor infraction, and an officer can NOT pull you over for it (in California) CVC 23302.5 is the section. You'll see that CVC 40300.5 and penal code 836 are the sections that authorize a traffic stop. In California (and all other states) a traffic stop is an "Arrest" and requires consent or a warrant. Without a warrant the arrest can be challenged. HOWEVER California was clever to add cvc 17459 and cvc 17460, which provides consent to be stopped by applying for registration or license...I never did, so the court is presuming I did. Since Im not an attorney, I have a hard time getting the exact documents allowed.

http://www.section520.org/detention.html
http://section520.org/pc.html
http://section520.org/MOV04839_1.swf

a stop is not an arrest

a stop is a stop. Reasonable suspicion of illegality is the standard. That can be reasonable suspicion of a mere infraction.

Even if there were an arrest, probable cause could suffice, even if no warrant or consent. And, who consents to an arrest anyway?

"Two things are infinite: the universe and human stupidity; and I'm not sure about the the universe."-- Albert Einstein

You should set up a website

You should set up a website documenting all this and have the various linked citations for the law and what not in it.

I dont know how they do tolls in Ca, but in Va, they typically block the way with one of those rising gate bar things that wont move until its been paid. So there isnt much of a way past unless you possibly want to damage the gate and/or your vehicle. In some cases, you cant even try to go around because its usually blocked.

To climb the mountain, you must believe you can.

I googled various sentences,

I googled various sentences, and the only match was this thread. Can you point us to the duplicate stories?

I didn't mean here on DP. I mean I've seen this type of story

posted many times. Same scenario - no proof.

Try the Wayback machine.

I've been seeing this sort of stuff since the mid 90's on Usenet.

I've done tons of research on it. CA's code might be friendly (oddly enough) to "traveling" but other states are not. Some explicitly state that those laws apply to private use as well as commercial.

So is this truck you have

So is this truck you have titled through your state? If so, that is just a document showing who is a tenant of the state property (the truck). It's not your vehicle and it's why you need a license, registration, and to be insured. Unless you buy a vehicle brand new from the dealer with cash and somehow convince them to give you the MCO/MSO, it will be titled and the vehicle is not your property. A title to a car is the same level of ownership as a deed on land.

Please come join my forum if you're not a trendy and agree with my points of view.

Of course not...or I should

Of course not...or I should say it was not. The State forced me to get it registered in order to get the car back from Impound the last time (this is what the suit is about). The State is NOT allowed to impound a car for a vehicle violation, ONLY if it is BLOCKING traffic, or somehow impeding traffic. See Miranda v. City of Cornelius.
http://scholar.google.com/scholar_case?case=9826482856421465...

Export it!

To get the MCO you will need to tell the dealer you intend to export the car. Then they will give you the MCO.
Now comes the tricky part. You will need to set up a foreign EIN 98 series trust to put the real title in. Then it's all legit out of U.S. registry. If it is registered by mistake (stuck in port) do the retirement of a motor vehicle form and the export forms from DMV you will need to send a bill of exchange to the county recorder to get the U.S. debt against it lifted and the MCO sent to you.

By the way I know some people who haven't had any license plates for thirty years! George Gordon and his wife.
See George Gordon's Law school.

Julius, why don't you accept my offer to move everything into a non resident alien trust and get rid of these pirates once and for all?

The Oracle

he's an obvious wackjob

Just a minute or two on his site will tell you that. He starts out by saying he is not copyrighting his material because it would be a "contract with the government" to do that. This displays a complete lack of understanding of contract law and copyright law. And he claims to run a law school. He goes on to say that such a "contract" (which isn't a contract)) would then violate the religious principles of the Book of Exodus in the old testament. Say what? He doesn't explain this int he least. Given that our Constitution is religion-neutral I fail to see how he could be on to anything here. But despite all of this, he does a 180 and blathers on for most of th erest of hte front page about how one shouldn't use his material, or even his teachings, as that would be bad and nefarious. So, either you believe in copyright law or you don't!

This is a person who demonstrates on page one that he has a philosophy that is not shared by our statutory laws (e.g., copyright), common law (e.g., contractual law which is an aspect of that) or Constitutional law, but in fact is in his own universe of legal reasoning, that is binding nowhere else but in his living room. Wow. Great stuff.

Knock yourself out following that guy!

"Two things are infinite: the universe and human stupidity; and I'm not sure about the the universe."-- Albert Einstein

So did you buy this car brand

So did you buy this car brand new from a dealer with cash and get the MSO/MCO? If not, it was already registered, which means it is then state property and any future owners are still just tenants. Registrations is only to allow a titled car on public roads. The state can do whatever it wants with their property (your car) and they don't need some silly reason like blocking or impeding traffic. It also does not matter if it's on "your" land, as that is their property, too, unless you have the highest proof of ownership: a land patent.

Please come join my forum if you're not a trendy and agree with my points of view.

Cash is no Good to get the MCO

The ways to get the MCO is with a non-resident alien bank account (export it) or give a bill of exchange to be offset against the U.S. debt which is owed to each of us or get it on credit then 1099A the note a month later for offset once again.
U.S. currency is no good to get the MCO, all you can do with it is transfer the vehicle from one U.S. corporation to another U..S. corporation, it remains public property and the cops will fight to reassign it to an income producing U.S. division.

Get the non taxable non U.S. foreign grantor trust set up to receive the MCO and watch how the cops run from that. Then the U.S. has no claim anymore.

The Oracle

I don't understand a word you

I don't understand a word you said.

Please come join my forum if you're not a trendy and agree with my points of view.