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Stop Arrest Utah

Stop Arrest Utah

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Published by: solution4theinnocent on May 23, 2012
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03/06/2013

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I DEMAND MY RIGHT’S UNDER UTAH LAW AT 41-6-167 & 77-7-18 TOSIGN THE CITATION AND BE RELEASED “IN LIEU” OF BEING TAKENINTO CUSTODY OR I DEMAND THAT YOU BRING ME BEFORE THEMAGISTRATE WITHOUT UNNECESSARY DELAYAS REQUIRED BY UTAH LAW 41-6-166 & 77-9-2
Utah Law at 41-6-167 & 77-7-18 clearly provides that you are required to release me if I promise to comply and sign the ticket “in lieu” of taking me into custody.
41-6-167.
 
Notice to appear in court -- Contents -- Promise to comply -- Signing -- Release fromcustody -- Official misconduct.(1) Upon any violation of this act punishable as a misdemeanor, whenever a person isimmediately taken before a magistrate
as hereinbefore provided, the peace officer shall prepare,in triplicate or more copies, a written notice to appear in court containing:
. . . (4) (a) In order to secure release as provided in this section, the arrested person shallpromise to appear in court by signing at least one copy of the written notice prepared by thearresting officer.(b) The arresting officer shall immediately:(i) deliver a copy of the notice to the person promising to appear; and(ii) release the person arrested from custody.
(5) Any officer violating any of the provisions of this section shall be:(a) guilty of misconduct in office; and(b) subject to removal from office.
Subsection (4)(a) of 41-6-167 clearly states that: “In order to secure release as provided inthis section, the arrested person shall promise to appear in court by signing at least one copy of thewritten notice prepared by the arresting officer.” Subsection (4)(b)(i)(ii) clearly reads that: “(b)The arresting officer shall immediately; (i) deliver a copy of the notice to the person promising toappear; and
(ii) release the person arrested from custody
.”
Subsection (5)(a)(b) of 41-6-167 clearly provides that: (5) Any officer violating any of the provisions of this section shall be: (a) guilty of misconduct in office; and (b) subject toremoval from office.” I WILL FILE THESE CHARGES AGAINST YOU IF YOU DO NOTLET ME SIGN THE TICKET & LET ME GO AS REQUIRED BY LAW. (Emphasisadded). DO YOU REALLY WANT TO BE SUBJECT TO REMOVAL FROM OFFICE?
Utah Law at 77-7-18 also clearly provides that all law enforcement officers may deliver acitation requiring any person subject to arrest or prosecution on a misdemeanor or infractioncharge to appear at the court of the magistrate before whom the person should be taken pursuant tolaw if the person had been arrested “in lieu of taking a person into custody.
77-7-18.
 
Citation on misdemeanor or infraction charge.A peace officer, in lieu of taking aperson into custody
, any public official of any county or municipality charged with the
 
enforcement of the law, a port-of-entry agent as defined in Section
72-1-102
, and a volunteer authorized to issue a citation under Section
41-6-19.5
 
may issue and deliver a citation requiringany person subject to arrest or prosecution on a misdemeanor or infraction charge to appearat the court of the magistrate before whom the person should be taken pursuant to law if theperson had been arrested.
If you don’t release me after arrest, then I “demand” my right under Utah law at 41-6-166and 77-9-2 to be taken before the magistrate without any unnecessary delay for the purpose of setting bond and posting bail. See Utah law at 41-6-166 to wit:
41-6-166.
 
Appearance upon arrest for misdemeanor -- Setting bond.Whenever any person is arrested
for any violation of this act punishable as a misdemeanor,
thearrested person
, for the purpose of setting bond,
shall
in the following cases,
be taken withoutunnecessary delay before a magistrate
within the county in which the offense charged is allegedto have been committed and who has jurisdiction of such offense and is nearest or most accessiblewith reference to the place where said arrest is made,
in any of the following cases:(1) When a person arrested demands an immediate appearance before a magistrate.
(2) When the person is arrested upon a charge of driving or being in actual physical control of avehicle while under the influence of alcohol or any drug or combination thereof as prescribed inSection
41-6-44
.(3) When the person is arrested upon a charge of failure to stop in the event of an accident causingdeath, personal injuries, or damage to property.(4) In any other event when the person arrested refuses to give his written promise to appear incourt as hereinafter provided, or when in the discretion of the arresting officer, a written promiseto appear is insufficient.
See also Utah law at 77-9-2 to wit:
77-9-2.
 
Procedure after arrest.An officer who has made an arrest pursuant to Section 77-9-1 shall without unnecessary delaytake the person arrested before a magistrate
of the county in which the arrest was made. Themagistrate shall conduct a hearing to determine the lawfulness of the arrest. If he finds the arrestwas lawful, the magistrate may commit the person arrested for a reasonable time or may admit the person to bail pending extradition proceedings.
I demand that you bring me before a magistrate or judge immediately on the authority of Runnels v. United States, 138 F.2d 346 (9
th
Cir. 1943) and Meintz v. Huntington, 276 F. 245, 248.
Officer, I want to inform you that Tribal Court Lawyer Luis Anthony Ewing will behelping me beat all of your Tickets that exceeded the scope of your authority in a CIVILTRAFFIC STOP and
at (360) 353-4846 or <rcwcodebuster@gmail.com> or <>or <>.Please send only CASH DONATIONS to: Luis Ewing, c/o GeneralDelivery, (City of) Copalis Crossing, The State of Washington

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