I posted 00:41:21 of time from a State Trooper's dash cam regarding an "unlawful" and certainly "non constitutional" traffic stop.The real action begins at about 00:09:43 of the video. I won the case in the lower court defeating their alleged charges of "Resisting and Obstructing" and "Driving Without Privileges." I did NOT concern myself with these false charges because they were NOT true. I was concerned that there was NO "probable cause" for the stop in the first place. There was NO "crime" being committed or about to be committed. That is a "fact and the truth."
I challenge the traffic stop because it is for the most part "pretextual" which does NOT constitute "regular process" or "lawful authority." Their "stops" are almost always a number four (4), pretextual. (see below) That would be under the pretense or color of any process or other legal authority as stated in the Statutes. See the difference? "Color (mere appearance) of process" or "legal authority" is NOT "regular process" or "lawful authority!" That which is lawful is ALWAYS legal; however, that which is legal is NOT always lawful!!!!
There are four (4) reasons that an officer may stop you.
(1) Warrant. (Regular process; 4th Amendment and I.C. 19-603);
(2) Committed or about to commit a "crime" (a public offense or felony) - (Lawful authority, I.C. 19-603. Also, a private person may arrest under I.C. 19-604.);
(3) To assist Peace Officer to prevent breach of peace. (Lawful authority; I.C. 18-707; Also, officer has immunity when requesting emergency assistance, I.C. 18-711.)
(4) Pretext. (Without a warrant or first hand personal knowledge or probable cause; for an "infraction" which is NOT a crime; or by presumption of "de facto" STATE membership and consent to operation of State Statutes OR fabricated "offenses" or "civil public offenses," which bring about "civil actions" with a "criminal sanctions attached.")
Okay...back to the subject of this blog.....I won the case by challenging the "lawfulness" of the stop. That is where you begin with any so called traffic stop. I then filed a "Notice of Tort" claim which was blatantly ignored by four local law enforcement agencies that were involved. To date 19 officers have been served in a federal lawsuit. Some are claiming that they were not on duty. That is a blatant lie...as I have their names from the radio dispatch records. Some are stating that they did not touch me...well, that is also, too bad because there is something called "failure or neglect to prevent."
So there you have it my actions are NOT just about me...It is all about the assault on our liberty. Much Love and God bless.
Respectfully,
Lee Arthur Rice II
208.570.2521208.570.2521
[email protected]
hyper-legal, next friend, layman
jusTus - "Providing information of a general nature about the law and legal procedures to members of the public."
Citizens of Idaho (U1777)
Member in Good Standing, 06012013
leericeforidaho