"Sovereign Citizens" and the Freemen movement

[swaghauler]

Originally Posted by RN7

This actually is a very interesting topic and I can see this happening in T2K as 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.

All of our major laws are part of the Common Law, practically every other legal entity has been introduced by governments for commercial and revenue generating reasons and are acts and technicalities of fairly dubious legal authority. The entire judicial system in the Western English speaking world is I believe commercial law which is not legally binding under Common Law.

Police officers are officers of the peace, and legally have no right to question or arrest you if you have not broken the peace or broken a law. If you have not broken a law they have no right to ask for your name and address, and traffic and tax violations are not laws so the police have no real right to bother you over them. You also have no obligation to sign anything in a police station including a release document if you have broken no law.

There are also a lot of technicalities that you can legally challenge if you receive a summons or a fine by mail. Summonses have to be legally delivered to you in person, and all government mail is actually phrased incorrectly (deliberately) as it addresses you in your commercial strawman name in CAPS which is not your real name on your birth certificate. As you have never signed any document agreeing to the legality of a commercial summons or fine do not legally have to pay it or even attend court as you have broken no Common Law. That also applies to the draft or conscription into the armed forces.

Also a judge has no other name than a judge. Using your honour etc is court is optional. Also a judge is supposed to carry their oath with them at all times in court. Very few do and if you are in court for breaking an actual law and happen to ask the judge to see his oath and he or she cant produce it then the court is invalid and you are entitled to walk free and the judge knows it

Loads of potential T2k material for the legally unhappy to challenge authority.

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

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

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

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. 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.

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.

Once again, these are just the rules of court for PA. Other states might do things differently.