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Basic Law Handbook James Tuckerbey 1

Basic Law Handbook James Tuckerbey 1

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Published by: Asante Khamau Njiaa on May 05, 2012
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Why police only act after a crime occurs? 4. What is probable cause? 8. What is a warrant? 9. What are my rights? 2. What happened to justice? 2 . What is Oath or Affirmation? 3. What are standing orders? 5. What are the elements of a lawful arrest? 7. What is a sovereign? 10.CONTENT 1. What is a standing army? 6.

i. that among these are life. it is the right of the people to alter or abolish it. but man and womb-man has forgotten those Commandments and tries to please the wishes of MAN instead.What are my most basic rights as a living man/womb-man Man¶s most basic rights comes in the form of a Duty from the Creator. And when government becomes destructive to these ends. What Commandment? ³And [God] said. male and female created He them. Genesis 1:26-28 The Creator gave Man the Liberty to have dominion over the things of the Earth 3 . and the pursuit of happiness. that all men are created equal. Man has the Duty to love his neighbor as himself. because the people of America today is so brainwashed.´ Thomas Jefferson Remember. Respect is earned not demanded. let us make man in our image. That to secure these rights. so [God] created man in His own image. What does that say for the people of America today? Not too much. they are totally afraid of the government and the government agents/henchmen (police). liberty. after our likeness and let them have dominion over the fish of the sea and over the fowl of the air and over the cattle and over all the earth and over every creeping thing that creapeth upon the earth. In His image created Him. respect each as you would want them to respect you. ³We hold these truths to be self-evident.e. governments are created among men and derive their just powers from the consent of the governed. and were endowed by their Creator with certain unalienable rights. Man and Womb-Man was given the only Commandments that is supposed to be Law on this planet. Thomas Jefferson said that these rights are self-evident.

but Man has gotten so lazy and disobedient. What constitutes a Crime? For anything to be a crime there must be an Injury and/or damage to property with malice of forethought. The government makes the law 2. Why must it come from a civilian? Because there is a HUGE conflict of interest if 1. and must serve the alleged ³greater man´. and the enslavement of anyone not enlightened enough to avoid his pitfalls. Man created governments as a means to protect His rights and property among other men in a peaceful community. but men in positions of power have change the mission and scope of government for self enrichment. Below are the things that one Man abuse to enslave another Man into believing that he is less of a Man than was created by the Creator. not an accident. that Man would rather be a Slave to another Man rather than be the Child of the Creator. The government licensed attorney speaks for you in court (enslavement) 4 . What is Oath or Affirmation This is the sworn complaint of a civilian.and to sojourn with Him over the Earth. Man use words to trick and deceive other men into doing his biddings and give him nothing in return²slavery. The government makes accusations of violation of law 3. it is the accusation of wrong-doing.

they are somehow representing the interest of ³all the people. (Do you see the similarity to an occupying police force who have standing orders to arrest violators of the State¶s Statutes?) Today. the Colonists were being accused. It was common in those days that there was no civilian complaint.e. because of Standing Orders to do so. arrested.4. What is a pretend accusation? One could only guest. (sounds familiar?) The Founders of the Colonial united States made this requirement of the Sworn Complaint of a civilian as insurance against tyranny. JOE SMITH as if to imply that even though the courts are acting without the complaint of just ONE civilian.´ Why Police Only Act After a Crime Occurs 5 . most court summons or indictments are listed as THE PEOPLE vs. the people were often arrested for ³Violation of the Kings Law´ by the Kings Standing Army. The government keeps your money The design of the United States Government as described by the Constitution made it quite clear that the designers intended the people to be in control and the beneficiary of each step of the way. There being no originator of the complaint. most police and judicial actions are ³not´ initiated by the complaint of a civilian. i. ³Failure to pay the Tea Tax´ where the government is the plaintiff/complainant. To cover up for this fact. and transported ³beyond the seas to be tried for pretend offences by the British Government. and there is no victim. In the days before the Constitution was written. The government judges/courts find you guilty 5.

The role of the police as agents of the government is only ³CRIME PREVENTION. etc follow the orders of their commanders. A Standing Order is a ³general order´ to be followed if some condition comes into existence in the future. 6 . and is non-specific as to the name of the accused.This is exactly what we should expect! If the Government (police) act BEFORE there is a crime. even the police know this! Often times when called to a scene. Police Forces.´ or ³Restraint before Injury´. they will refuse to take a person into custody until that person commits a crime (causes injury). What Are ³Standing Orders´? All Military Troops. and these orders come in 2 varieties: Direct Orders (³You go do this now!´) and Standing Orders. which the Supreme Court has decided (in many decisions regarding free speech and free assembly) to be Unconstitutional. Note that a standing order is made at some time prior to the event. how can the police know that a crime will occur (in the future). Besides. Police are not clairvoyant and they don¶t have crystal balls to tell the future. perhaps a domestic dispute. this is known as ³prior Restraint. Yes.´ At least that¶s what the street patrols are designed to do.

Today the conditions are similar. A Police Lieutenant gives a piece of paper to two officers with the following explanation: ³ARREST MR. and it is reactive. BLOW. JOE R. the system of checks and balances. why. The complaint is initiated by a civilian. it comes after the event. it is general and non-specific (it does not name the accused) and is made before the event. and in anticipation of the event. SHE HAS SIGNED A SWORN COMPLAINT AGAINST HIM. Police Officers today generally have (or think they have) standing orders to detain. etc. ³ARREST ANYONE YOU SEE JAYWALKING!´ «is a standing order.i. however while it isn¶t a foreign army that occupies us. It is used by a Police commander to his troops. It names the accused and the crime. search and/or arrest those they feel violated a law. Do you know the 2 elements of the Fourth Amendment that is intended to prevent Standing Orders from being executed against the people? The first is the ³Oath 7 . HE IS ACCUSED OF ROBBING HIS NEIGHBOR MS JANE DECENT.´ This is a Direct Order. 123 MAIN STREET. The Colonists understood this form of tyranny (police state) because it was levied against them by the Armies of Great Britain. it is specific as to who is to be arrested. It is a specific Warrant. The organizers of the American Colonies were very much opposed to this kind of discretionary power being placed in hands of ANY one person (and is evident by the general design of the Federal Government. the distribution of power across 3 branches. the abuse against the people are the same.e.

However in modern America.and Affirmation. political pundits. If the complaint MUST ALWAYS come from a civilian (i. and ensures that the Police Force is ³reactive´. thus + Most Police actions in America are Unconstitutional. and rarely is there ³oath or affirmation´ of a complaining civilian. not the government. not the arresting authority) this eliminates the invocation of general and standing orders (and a big conflict of interest). this also removes the arbitrary discretion from the officer.´ a sworn civilian complaint. Both are intended to remove the discretion of arrest/search/seizure from the arresting officer. but the simple fact remains: + Most police actions in America lack a injured victim (except for perhaps the accused). (see the Communist Manifesto). What Is A ³Standing Army´? 8 . If ALL arrest/search/seizures are documented with the specific justifications of the action (warrant). and thus prohibits the police from executing ³Standing Orders´ against the people. when the police arrest someone. and not self-directed. there is rarely a specific warrant. The Fourth Amendment requires both specific Warrants and that the complaint be initiated by a civilian. and provides the needed checks and balances. The lawyers. corporate owned free press. + Most Police actions in America lack Probable Cause. thus + Most Police actions in America lack a valid Warrant. and even college textbooks will argue why this is necessary so. and the second is that warrants must be specific.e.

A Standing Army that lives among the citizenry is most likely to be used against the citizenry. Section 10 A Standing Army (or police) with Standing Orders define a Police State. ³No State shall. Maryland delegate to the Constitutional Convention ± An Army (an armed force) can be called up by volunteers from the community as needed when there is some threat.When a government wishes to deprive its citizens of freedom. Article 1. or military rule. The Organizers of the Colonies are on record for opposing the abuses of Standing Armies. city. Marshall Law. or Ships of War in time of Peace. without the Consent of Congress. it generally makes use of a standing army. But a Standing Army is a paid. our Municipal. county.´ United States Constitution. such as the threat of invasion. This condition was recognized by the Organizers of the Colonies as perhaps the greatest single threat to the blessings of liberty for ourselves and our posterity. armed military force that exists before there is any threat. What Are The Elements Of A Lawful Arrest? 9 . This is generally called the µMilitia¶. and reduce them to slavery. and State Police fit this description of a Standing Army. Because none of the Founding Documents mention the word ³police´. ± Luther Martin. Our present system demonstrates this. «keep Troops.

shall not be violated. that is. according the Fourth Amendment of the United States Constitution. houses.) This means. here is what usually happens: 10 . or who/what is to be seized/arrested. and no Warrants shall issue. against unreasonable searches and seizures. and effects. papers. supported by Oath or affirmation. 4: The actual arrest/search/seizure/detainment Yet today. the elements are as follows: 1: Oath or Affirmation made 2: Probable Cause determined 3: Specific Warrant issued 4: The actual arrest/search/seizure/detainment (NOTE: the ordering is important! 1 and 2 should happen before 3. and particularly describing the place to be searched. but upon probable cause. in common language: 1: A civilian makes a complaint 2: Evidence is found linking the accused with the victim's injury. it was not an accident. and 3 before 4. and why. and that the injury was probably caused by "criminal intent".For your reference: here is the Fourth Amendment of the United States Constitution: "The right of the people to be secure in their persons. and the persons or things to be seized. 3: A document issued describing what is to be searched." Perhaps you should memorize it! So.

as we will soon see. prostitution. etc. 3: There is no Warrant issued.." While this is close. DUI. then the most common usage wouldn't make sense! Make the replacement in the above phrase: "The officer had *a reasonable belief that a crime has been committed* to believe that the person had violated a law. running a red light/stop sign. If this *were* the definition. 2: There is no injury. smoking weed/crack cocaine. seen in newspapers. and in law dictionaries and college textbooks) Probable cause is NOT a simple synonym for "reason". yet this is how it is used most often." 11 .1: There is no complaint from a civilian. What Is Probable Cause? "The officer had *probable cause* to believe that the person had violated a law.. speeding. Can you name the crime in. pay taxes. 4: The Police Officer executes a standing order to detain/search/arrest someone for a victimless "pretended offence". it is not adequate. thus there can be no Probable Cause. Law dictionaries often define Probable Cause as "A reasonable belief that a crime has been committed." (A strange phrase commonly heard on television.

Many people think that a crime is a "violation of the law".) So. legislature. there is a common misunderstanding as to the definition of "crime".Huh? Something is wrong here. then it offers the people little protection against harassment. We must all *begin* with an agreement of what is a crime BEFORE we codify the Law.wdv. "not having proper paperwork". "having a bad opinion about the court" or "talking about doing something really nasty". (see any logic text. but this is a circular definition! Which came first. law or crime? If crime is "things which the law prohibits". Now. or else we end up with a meaningless law that refers to itself.com/Writings/Stories/TheRules/fallacy. begging the question.. or: http://www. a tautology. because they were *defining* the law! They obviously meant something different. Anyone who has studied logic will tell you that this has no meaning at all. a circular reference. given the number of obscure "laws" on the books that the people are subject to. we have self-reference. and people going to jail for absurd things like "possessing forbidden flowers". and law is "that which is crime".. Hmmm.html) The Founding Fathers wrote *probable cause* and not "reason to believe that a violation of the law occurred". if "probable cause" is simply "reason to believe a crime has occurred".. let's come up with a USEFUL definition of crime: The body of a crime (Corpus Delicti) must have 2 components [from Gifis]: 1: An injury 2: A criminal cause 12 . Such a definition would give the police wide powers to detain just about anybody for any reason at any time.. corruption of the courts.. (Wait! That IS what we have today. and the police. Also.

There is really more to it than this. there can be NO PROBABLE CAUSE. and a body of the people such as the Grand Jury. (It could alternately be interpreted as "Probable Cause of Action". and a claim requires a right. since a "cause" is a claim. but it is no different. or the "victim" has suffered NO INJURY. for example. certain human-caused injury may be simple accident. an injury. Most police detainments in the United States these days 13 . You can injure someone accidentally: not a crime. Someone causes an injury intentionally: *this* is true crime. and we have the following: PROBABLE CAUSE *IS*: "REASON TO BELIEVE THAT AN *INJURY HAD CRIMINAL CAUSE*" So if a civilian makes a complaint. Finally! Now that we know what *probable cause* really is. now we can define what is required to show or determine probable cause: PROBABLE CAUSE *REQUIRES*: "CERTAIN FACTS LINKING THE ACCUSED WITH THE VICTIM'S INJURY". and the origin of the phrase becomes clear.A crime is an injury caused by criminal agency (not an accident or act-of-god). and a petition for restitution). Now replace this in the dictionary definition. can reasonably assert: "The accused PROBABLY CAUSED the injury to the victim". Someone can get hurt from a falling meteorite: not a crime. But here is the *really* important thing to remember: If there is NO VICTIM. then we have met the Constitutional requirement. thus it should be shown that the injury was intentional and malicious.

etc. and are thus. no seat belt. you see! The courts have approved it" (which. by the way. If there is no Warrant for arrest. "It's OK. safety checks. We often hear today of the multitude of conditions under which a warrantless search or arrest can happen. nothing would prevent the Occupying Force from setting up blockades. Imagine a world where a Warrant is not needed! If there is no Warrant to arrest. having the Warrant issued by a judge is like putting the wolf in charge of protecting the sheep!) Look up the word in any dictionary. which exists *PRIOR to the arrest*. is the same court that makes a "fine" profit when you are found guilty of the charges). What Is A Warrant? A justification or reason to arrest/search/seize. these all lack Probable Cause. There is no just action.begin as traffic "offences" (there is no offended party): speeding. usually described in a document. In such a system. In the absence of any injury. reason". or who/what is to be seized (and why!). then there is no proof of a valid reason to arrest. Warrant means "justification. expired tags. All proper arrests. there is no "just reason" for arrest. un-Constitutional. seizures need this in order to be valid (except perhaps for some extremely rare circumstances). and searching 14 . Think: "He PROBABLY CAUSED the Injury to the Victim". searches. The Warrant describes exactly what is to be searched. (And under the present system. WHAT RUBBISH! A Warrant is more than a piece of paper.

" [Black's Law Dictionary. Also. to whom those powers are specially delegated. and have in general been as short in their lives as they have been violent in their deaths. stated: "Democracies have ever been spectacles of turbulence and contention. 695] 15 . but it is very much in violation of the spirit of it. have ever been found incompatible with personal security or the rights of property. Liberty is a well armed lamb contesting the vote. One in which the powers of sovereignty are vested* in the people and are exercised by the people. p. etc. Sixth ed. Many people feel coerced into consenting. and taking/impounding/stealing anything they please. or through representatives chosen by the people." Benjamin Franklin once quipped: "Democracy is two wolves and a lamb voting on what to have for lunch.every ship (or automobile!). "Do you mind if I search your car?" This may appear to waive the Constitutional requirement for a Warrant. etc." "Republican government. perform the search.. Note that the officer often obtains a "consent to search" by asking. This common event today is what the Founders were trying to prevent by the Fourth Amendment requirement of a specific warrant. Requiring "implied consent to search" in order to obtain a Driver's License. either directly. many people feel that not consenting to a search implies guilt. because of fear of the consequences. Further violations of the spirit of the Constitution: having a dog or x-ray instruments. the "the Father of the Constitution". What Is A Sovereign? James Madison.

16 . attorneys. not in "We the People" as individuals. Little by little from the time of the founding of our county people have been programmed to believe that politicians are the "leaders" and that sovereignty is vested in them. people can also choose to act through a representative by electing a civil servant (e. a king or other ruler in a monarchy. for the people". doesn't he? Today most people are afraid to stand up to their public/civil servants. but one can demonstrate the workability of this principle in real life. a chief ruler with supreme power. the people are the masters and the politicians are the servants. but to overthrow the men who pervert it!" Yes. not in their (civil) servants (i. For example. The people often allow corrupt politicians to usurp* constitutional Rights. as I and many others have done. The only reason a servant can usurp the authority of the master of the house is if the master lets him (i. This may sound all very simplistic and theoretical.. that is. sheriff) to make arrests for them. unalienable Rights and our sovereignty. acquiescence or consent to the usurpation). sometimes people exercise their powers of sovereignty directly when they make a citizen's arrest. What does the master of the house do when he has a disobedient servant? He fires him. The servants have taken over the house. judges. body.. politician. On the other hand. of being the masters of the house. not to overthrow the Constitution.e. sheriff). by the people. to turn the tide of corruption all one needs to do is to assume the viewpoint of a Sovereign and exercise the Rights of a Sovereign. individual citizens have the authority to choose whether to exercise their powers of sovereignty either 1) directly or 2) through representatives." "We the People" are the Sovereigns because sovereignty is vested in the citizens. Furthermore.Black's Law Dictionary defines a "Sovereign" as: "A person.g. Abraham Lincoln reminded people repeatedly of these basic founding principles--a country "of the people.e. Therefore. This phenomenon is the direct result of people no longer taking the viewpoint of being Sovereigns. Lincoln also stated: "The people are the masters of both Congress and courts. or state in which independent and supreme authority is vested.

or contingent interest in property founded on anticipated continuance of existing laws. I also will forget your children. The alleged Black People/Afro-American (Indigenous People of the Olmec Dynasty). absolute. no one else. etc. Indian [Olmec." [Black's Law Dictionary. only the things of the flesh. to be tread on by anyone in public office. 17 . What Happened To Justice? My people are destroyed for lack of knowledge. Hosea 4:6 The people of America seek everything except the true Law of Nature. complete. or are you the Slave. And since you have forgotten the law of your God. Rights are "vested" when right to enjoyment. powers. Sixth Edition] Are you the Master (Sovereign). there has been no justice in the Western Hemisphere. No Man/Womb-Man in public office have any authority over you for any reason. has not had anything close to justice since 1493. of another. present or prospective. has become property of some particular person or persons as present interest. applied to seizure of office. All original (Indigenous. settled. Only the Creator has authority over His creation. because you have rejected knowledge. Having the character or given the rights of absolute ownership.* vested: "Fixed. not contingent. [Black's Law Dictionary. Man is not interested in the Laws of Allah. not subject to be defeated by a condition precedent. mere expectancy of future benefits. rights. Since the landing of the Muurs and the Whiteman from the European Continent. and without right. does not constitute "vested right. place. accrued. functions. Sixth Edition] * usurp: To seize and hold any office by force. I reject you from being a priest to me. What happened to Justice in America? The people went to sleep and never woke up.

colored.e. 18 . african ±american. Panama. that has never been rescinded. Canada. Cuba. the Peoples of the Western Hemisphere has lost. or statement by the Vatican. and many others. 1493. removed. Venezuela. Aztec. black. Central America. order. Mexico. Jamaica. or superseded by any other bull. negro. Haiti and all other land mass] are called by µpet names¶ i. dynasty. or natural peoples on the Earth. Alaska. rule. false tales of valor.Mayans. etheopian. South America. and false standings in the Heritage of the original peoples of the Earth. All Peoples of the Western Hemisphere [United States. These terms don¶t in any way identify a culture. Hawaii. misplaced. latino. and have had stolen their true cultural identity that has been misplaced by lies. Costa Rica. and Inca]) peoples of the Western Hemisphere has been enslaved by the authority of the Catholic Church by the Bull-Inter-Catera by Pope Alexander VI of May 4. When given a chance to identify with other peoples of the World. hispanic. repealed. West Indies. afro-american.

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