[RN7]

Originally Posted by swaghauler

US law is based on the Constitution which is based on a variety of legal concepts, not just English Common Law.

Well when I stated that " the rights of the Sovereign Citizen as termed under Common English Law which is the defacto law of the land in most of the former British Empire and the United States is legally the highest authority in the land" I included the United States in the English Common Law area which it is, but I failed to differentiate the subtle difference of the relevance of the authority of the US Constitution in regards to US Laws and was applying the English Common Law rule to the entire former British Empire.

Originally Posted by swaghauler

The terms Police Officer and Peace Officer have very different definitions depending on the state/agency you are referring to. I will refer to PA law in addressing this. In PA, a Peace Officer has only limited powers of arrest based on his office. Constables, Probation Officers, Dog Catchers, and Meter Maids are Peace Officers under PA law. They can only act with limited authority and make arrests within a limited set of circumstances.

But they are not really police officers are they?

Originally Posted by swaghauler

A Police Officer is vested by PA Act 120 with powers of Investigatory Arrest.

A Pennsylvania Police officer would be what the original idea an Officer of the Peace should be, and if he/she is investigating as suspect who is believed to have broken a law then the Police Officer would have the authority to question or arrest the suspect whom they believed committed an offence under the law.

Originally Posted by swaghauler

He can investigate a crime that a third person says happened and charge someone with a crime after the investigation. Because of this power, he has EVERY RIGHT to ask you any question he chooses to during the investigation into whether a crime was committed or not (and this power was heavily expanded in the ill conceived Patriot Act). Additionally, not answering or giving false information can also be crimes (obstruction, false reports to a law enforcement officer).

Although once again you are assuming I was referring only to the United States which I was wasn't. A Police Officer can ask you a question in regards to an investigation of a crime but I believe he would have to inform you why he is asking that question. Most people would be happy to answer that question but I believe you still do not have to answer that question in the United States unless I am reading the 5th Amendment of the Bill of Rights incorrectly.

"No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation "

Maybe the 6th Amendment too?

However if a Police Officer charges you with a crime or in regards to obstruction of an investigation then I think you need to get a lawyer!

But what I was referring to was that if you are walking down the street and acting in a lawful manner then a Police Officer has no right to bother you unless you are being charged with breaking a law. If you haven't broken a law and the Police Officer knows you haven't broken a law then the Police Officer shouldn't be bothering you.

Originally Posted by swaghauler

Traffic and tax violations ARE laws and I have arrested and jailed 100s of people for these very infractions.

Maybe they are called laws in the United States, but they are acts and amendments of acts elsewhere. Under English Common Law there is a difference between actual laws and acts.

Originally Posted by swaghauler

So are Conscription Laws. There are people in America who are in jail right now because they were either a "Stop Loss" or an Active Duty/Active Reserve who were deployed and did not go.

I presume these people were already enlisted personnel because I don't think there has been conscription (the draft) in the United States since 1973. If you went to someone's house who wasn't a member of the military and arrested them for not reporting for duty then you might get fired and end up in jail!

Originally Posted by swaghauler

Summons are routinely sent through the mail and the PA method follows the Title 18 Standard (Title 18 is the US code referring to the enforcement of domestic law) that every other state we ever dealt with used as well. A mailman will attempt to deliver a Summons (with you signing for it) three times. If you sign for it, you will have ten days to report to Court and enter a plea. If they cannot deliver it, they will return it to the Court. If you do not respond in 10 days or the post office cannot deliver it (usually due to a refusal to sign), A Warrant is issued for your arrest (for failure to respond). Someone like me then shows up at your house.

Again I wasn't referring only to the United States, but the system you described is similar to other countries. For motoring offences In the UK/Ireland if you fail to respond to a fine sent by mail over a time period a Police Officer will call to your house and issue you with a summons which "invites" you to attend court. Commercial laws (acts) can't demand that you attend court but have to aske nicely and invite you! If you don't attend court after receiving a summons then a warrant is issued for your arrest. However as regards to minor fines such as parking offences, road tolls and TV licences you can bamboozle the relevant authority with Common Law rhetoric if you know what you are doing, sometimes they give up pursuing you.

Originally Posted by swaghauler

Depending on the severity of the crime, I might even enter your house without permission (in the case of a felony). You will then see the Judge to enter a plea and (most likely) a bail will be set. There is NO OPTION in this. You MUST respond to any legal charges presented against you. It doesn't matter whether you choose to sign a document or not. If you do not respond to even a Summons, someone like me will find you and arrest you.

Would that not be violating someone's rights under the 4th Amendment?

Originally Posted by swaghauler

A Judge DOES NOT have to carry his oath. His oath is administered when he takes office. That is the start of his power. He has that power 24/7 in PA and never gives it up as long as he is in office. PA's check on Judicial Authority is that ALL Judges in the Commonwealth Of PA are ELECTED by the people of PA. Thus, his power is actually an extension of the people's power to judge.

They do outside the US. I know someone who walked from an assault charge in Ireland after he asked the judge to see his oath and the judge had to dismiss the case against him as he could not produce his oath.