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View Full Version : The Constitution kept me out of jail on June 27 2009




newbitech
08-03-2009, 11:06 AM
If it were not for the Constitution of the United States of America, I would have went to jail and been forced to pay 1000's of dollars in fines and fees.

If it were not for the Constitution of the United States of America, I would have had my freedom revoked and locked up in a cage.

A similar situation happened to Steve Bierfeldt http://www.campaignforliberty.com/blog.php?view=14907 (http://www.campaignforliberty.com/blog.php?view=14907) earlier this year.

I followed the model of using the Constitution namely the 4th amendment to assert my natural right to be secure in my person house and papers.

Because I understand what the Constitution is and how it properly applies to my life, I was able to turn two armed men who were acting under the authority of the local government away from my house PEACEFULLY and without ARGUMENT, DEBATE, or further CONFRONTATION.

The jack boots arrived at my house with the intention of handcuffing me and taking me to jail. They arrived forcefully and with the threat of violence if I did not cooperate. Unfortunately for them, they were wasting there time. The warrant and probable cause they thought they had was invalid. It was issued weeks before hand, and because they failed to affirm the warrant which would have led them to verifying that the warrant was served in court by my lawyer 3 weeks prior, they were in violation of the 4th amendment.

I recited to the armed men who were also trespassing on my property the entire contents of the 4th amendment.

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

This prompted the cops to check on the legitimacy of the warrant. It took the officers all of 1 minute to check with dispatch and indeed they discovered that the warrant they were acting under was invalid.

Of course, I argued before hand because I knew the warrant was invalid. There was no yelling on my side. They made lots of threats, they even put me in handcuffs once I stepped outside. THE ONLY THING THAT STOPPED THEM FROM CONTINUING TO VIOLATE MY NATURAL RIGHTS WAS MY CITATION OF THE 4th AMENDMENT OF THE UNITED STATES CONSTITUTION.

That piece of paper and more importantly, WHAT IS WRITTEN ON IT, protected me on that day. Just like it protected Steve Bierfeldt.

It protected me because I understand and at the time understood that when then Constitution was ratified way back on December 15th 1791, the people who signed that piece of paper KNEW that there would be a day just like June 27 2009 when someone would come to my house to search and seize me, and the only NON VIOLENT way I would have to protect myself would be an appeal to the law of the land in which these cops are sworn to abide by.

I held the cops accountable to that law, and they walked away from my house leaving me free to go about the rest of my day,.

Reason
08-03-2009, 11:11 AM
awesome

I don't think I would have stepped outside tho lol

acptulsa
08-03-2009, 11:11 AM
I, too, have successfully defended myself using the Fourth. Though, amusingly, once I even had to insist my lawyer try it (against his 'better judgement', lol). He was stunned and amazed, and I imagine he still remembers what he probably considers in his lawyerly mind a 'trick'...

Reason
08-03-2009, 11:12 AM
also, can you explain in greater detail why exactly the warrant was invalid?

/curious

JoshLowry
08-03-2009, 11:17 AM
Nice!

newbitech
08-03-2009, 11:17 AM
also, can you explain in greater detail why exactly the warrant was invalid?

/curious


it was invalid because I knew the warrant was going to be issued and the day the judge signed the paper, I showed up in his courtroom with a lawyer to refute the accusations contained in the warrant. The warrant was returned served.

Of course, the policy of the local sheriff does not require them to affirm the warrant. In other words the Sheriff has a policy of arrest and jail first and ask questions later which is a direct violation of the 4th amendment by the sheriff office.

I have been told that the policy is under review by the second in command. Only a lawsuit would confirm that, but since there is no money involved, I have to bring the suit myself. The ACLU won't pick it up, and all the lawyers I have contacted are looking to get paid, even tho they all agree my case is legal sound and one which the Sheriff Office would likely attempt to settle without verdict.

I can't bring criminal charges because the officers did not act criminally. There was a mistake and Cops are allowed to make mistakes. However, a civil case could punish the department for having unconstitutional policies. I would have to bring suit my self.

DAaaMan64
08-03-2009, 11:39 AM
So wait, curious part 2. What did you do that makes them want to get a warrant on you?

kahless
08-03-2009, 11:43 AM
awesome

I don't think I would have stepped outside tho lol

Another good example to the thread I started last week about "police ask you to step outside?" Never a good move.

I wonder what the charge was?

newbitech
08-03-2009, 11:50 AM
So wait, curious part 2. What did you do that makes them want to get a warrant on you?

I was originally arrest on my front porch for Class 2 felony battery on a law enforcement officer. I plead down to a charge of disorderly conduct. My sentence was 6 month probation, 25 hours community service, pay fines and cost of supervision.

I was given a technical violation of probation because I told my PO that I wasn't going to pay the fines and cost of supervision. I did go ahead and do the 25 hours of trash pickup.

I knew I was going to get a warrant and contacted my lawyer. I watched the court docket and waited for the warrant to issue. As soon as it did, I was before the judge and told him why I refused to pay. The judge gave me a suspended jail sentence of time served, terminated my probation, and let me out of the system.

newbitech
08-03-2009, 11:52 AM
Another good example to the thread I started last week about "police ask you to step outside?" Never a good move.

I wonder what the charge was?


I stepped out of the door in full cooperation of the law because the COPS told me they had a legitimate warrant, even tho I knew they didn't.

Rather than taking action that would perpetuate violence, I decided to appeal to the Constitution and my 4th amendment rights.

I would have been justified in defending myself, violently if necessary, but as there were women and children in the house, and I didn't want to get into a shootout that I would lose, I decided to take the peaceful way out.

It worked.

Brooklyn Red Leg
08-03-2009, 12:06 PM
Of course, the policy of the local sheriff does not require them to affirm the warrant. In other words the Sheriff has a policy of arrest and jail first and ask questions later which is a direct violation of the 4th amendment by the sheriff office.

Thank God you're in Hillsborough and not Pinellas county (Pasco where I am isn't much better than Pinellas). Pinellas Sheriff's Deputies probably would have simply tasered you after doing a dynamic entry with the SWAT Team so they could get to go out and play TactiCool against civilians whilst in their wannabe Ninja getup.

kahless
08-03-2009, 08:36 PM
I stepped out of the door in full cooperation of the law because the COPS told me they had a legitimate warrant, even tho I knew they didn't.

Rather than taking action that would perpetuate violence, I decided to appeal to the Constitution and my 4th amendment rights.

I would have been justified in defending myself, violently if necessary, but as there were women and children in the house, and I didn't want to get into a shootout that I would lose, I decided to take the peaceful way out.

It worked.

You made the right decision. Even without the women and children you would NOT have been justified in taking violent action over something like this.

My point was when they come a knockin and you do not what to expect the option of just not being home or pretending not to be and not answering the door. Then calling a lawyer to work it out. However Brooklyn Red brings up a good point that maybe not such a good idea if you want to avoid a forced entry which would be far more dangerous to you and women and kids at home.

Omphfullas Zamboni
08-03-2009, 09:11 PM
Great story!

speciallyblend
08-03-2009, 10:02 PM
this thread tells me that i should tell y'all to, move to the colorado mtns!!!!! Gasp!
Run to the Hills:) RUN FOR YOUR LIFE!!! anywho! I love the Colorado Mtns...