A city police officer has flashes blue lights and has pulled you over in your car. Standing somewhat to your left behind you, he leans forward and loudly demands you lower the window.
You refuse to cooperate, knowing he has promiscuous contact with members of the public and is possibly contagious. But he bullies you — and you have forgtten about your defense under administrative notice. Silly — you have forgotten to say, “Sir, I am traveling under transportation administrative notice —and I make no statement without my lawyer present.” So, lacking any “traffic stop” defense, you find ourself outside your car, and under arrest because you refuse to sign a citation.
An arrest puts you in personal risk. Jails are being partly emptied to reduce the chance of flu 19 spread risk. But you are heading to the county jail known for crowded conditions, bad food, careless guards, hopelessness and gang influence. And there is the high, high possibility of your getting infected with the Flu 19 microbe.
Are you right to stand your ground? Do you have a right to maintain your business? Do you have a right to be on the street doing your private business today? Is the law on your side ultimately? Do you have reason for confidence?
The short answer is yes.
Make sure you demand, loudly and noisily, your right to have your arrest approved by a magistrate. That is your right, essentially akin to your right to be arrested only under warrant.
We appear to be entering into a time of anarchy by mayors, governors and state or municipal employees who will not hesitate to use other employees armed with guns and flak vests to impose police power against you.
But the law is very clear that process against you cannot go forward. The law itself forbids the outcome threatened by high officials shutting down commerce in travel in violation of the statute.
You have in your favor the rules on due process, the fact that no crime has occurred, that no victim exists, that standing to prosecute is lacking, that the corentin statute has been mis directed, and that the procedural rights outlined in the state tuberculosis statute are being ignored.
The state emergency statute to Tennessee code annotated XYZ grants amorphous powers to the government and even claims to allow the governor’s words to be law.
That is not a sustainable claim, and you can act confidently that in resisting such a claim you will at some point be vindicated.
This essay outlines the main grounds of your defense, whether you are a person insisting on doing her business, whether you are traveling in a “restricted” area, or whether you are to proximate or to close to someone, in violation of the federal suggested personal-distance guidelines that are said to be in effect through the end of April.
The governor’s major executive order is “An order directing Tennesseans to stay home unless engaging in essential activities to limit their exposure to and spread of COVID-19.” Gov. Bill Lee is a Christian and believes in personal freedom. “[B]ecause protecting personal liberty is deeply important, this order is not a shelter-in-place mandate and instead strongly urges Tennesseans to stay at home when at all possible for the protection of themselves and their community.”
But sheriff’s deputies, police officers and state troopers are certain to violate constitutional rights on a mass scale, with particular attention to you and your innocent, harmless, necessary and goodwill private and pleasurable activities.
Seeing that chances of a negative encounter with officers are today almost certain, and that you face criminal accusations in the near future, I propose a quick review of your defense. I am not an attorney and don’t get legal advice, don’t run a law practice or law business. For legal advice, go downtown to an office downtown and consult a lawyer, or find true legal counsel on another planet where the law may actually matter.
10 points of defense — no, 11
Your defense before magistrate and judge may have the following:
➤ No crime
➤ No injury or corpus delecti
➤ No victim
➤ No authority to prosecute under the elemental rules of standing
➤ No statutory description of the offense, and thus lack of proper notice to defendant
➤ Insufficient charging instrument or failure to state each essential element of the crime
➤ Abuse of process, outlined in the tuberculosis statute in the Tennessee code annotated, which process was not followed
➤ Misuse of state code provisions by mayor and municipal corporation
➤ Unconstitutional claims of power in the state’s emergency law that says the governor’s words are law
➤ The defense of necessity
➤ Violation of the law that gives “grounds for arrest by officer without a warrant” — and commits false arrest under law to seize you outside the strictures of this protective statute. Tennessee police have long abused this law and operate under a system of general warrants forbidden by the Tennessee constitution.
Some of these matters are developed in detail at TNttrafficticket.us. Others, in God’s providence, I intend to outline.