A thick root nourishes poisonous tree of traffic stop abuse

This sketch shows how regular violation of the “arrest without warrant” law feeds the equally rich routine violation of the shipping statute in Tennessee, Title 55, the “motor and other vehicle” statute.” (Sketch David Tulis)

In the past two weeks I have cleared the brush at the trunk of a major tree and found a thick root that feeds it. This root is a throbbing source of warm bodies for the Hamilton County jail and for government cellblocks across Tennessee.

That is a supplier law that nourishes a state machinery operating upon much larger body of law that puts a tire-tread pattern upon the threat, coercion and violence upon the people in the state.

By DavidTulis / 92.7 NoogaRadio

The tree itself is the “motor and other vehicles” code, the Tennessee shipper and transportation law that applies to — get this point — people involved in shipping and transportation. The feeder root to the giant tree of Tenn. Code Ann. § Title 55 at 871 pages is a law that takes takes all of two pages.

A deliberate misreading of Title 55 operates against the people as a bill of attainder, criminalizing by definition the entire population of people who use cars, trucks and motorbikes on the road but granting mild treatment of those with driver licenses who admit themselves as shippers. 

The feeder law, at Tenn. Code Ann. § Title 40-7-103, gives “grounds for arrest by officer without warrant.” It gives 11 grounds. The state’s misreading gives many, many more than that, subject to no apparent limitation..

The misuse of “grounds for arrest” scoops into the judicial industrial complex thousands and thousands of people whose types of offenses are not subject to that law and who at law cannot be arrested without warrant

A poisonous tree, I suggest, needs be fed by poisonous roots. One misreading invites — requires — others.

The abuse of Title 55, the shipping law, by courts and police officers is massive and done in Chattanooga and Hamilton County with malice and bad faith. The feeder statue operates to supply consistency to that widely accepted system. As the state’s Title 55 violation imposes authoritarianism on Tennesseans, let’s not have a lesser law not do the same. Let not constitutional rights to liberty and freedom from arbitrary seizure exist in the lesser law if we don’t intend to recognize it in the bigger transportation law. 

Get your TAN now: Transportation Administrative Notice creates cause of action vs. cops, traffic court defense

My reading of cases regarding this law is incomplete. But I believe it is fair to say that the two laws operate in tandem, one feeding the other. The giant poisonous oak of Title 55 abuse is fed by the thick hefty root of warrantless arrest law violation.

I propose that Tennessee people who love the liberty God gives them fight to restore their freedom of communication by the free and untaxable use of cars and trucks. This fight to restore the freedom of communication and open society targets traffic arrests which have been routine for decades. My remedy is Transportation Administrative Notice Tennessee, by which I put my hometown jurisdictions on notice about the limits of the statute and begin reform lococentrically and incrementally. 

The law is limited in scope. It’s marked by disabilities. The law applies to shippers and transporting parties only, to people, corporations and their employees who are involved in interstate commerce as operators of commercial motor vehicles. 

The limited scope makes Tennessee compliant to the controlling law, U.S. code at Title 49, the federal interstate commerce regulation of transportation.

Who is liable to obey shipping law?

The parties subject to state regulation and police power at Title 55 are people who operate wreckers, ambulances, dump trucks, cement mixers, logging pole trucks, moving trucks, taxis, moving trucks, bus fleets, flatbed trailer rigs, 18-wheel tractor trailer combos. You get the idea. These people are either common carriers or private. As my unrebutted notice makes clear, Title 55 does not apply to private people except those who intend to have the state tax and regulate cars for commercial purposes by registering them as motor vehicles. 

Outside of these curcumstances, police officers and sheriff Jim Hammond’s deputies have no authority to stop a person apart from that person’s committing a felony or nuisance. 

The abuse of the statute began in earnest with a passage of the driver license law in 1938 by the General Assembly. The state’s judiciary and its prosecutorial machinery pretend that the right to travel is not infringed upon at all by the driver’s licensing, insurance and registration system. But since the supreme court refused to hear the appeal by Arthur J. Hirsch, it is indeed state policy that there is no right of free movement by car or truck or motorcycle on the people’s right of way or the public freeway. We may have roads in Tennessee, but no freeways, according to state enforcement and judicial policy.

A heresy in Christianity emphasizes one doctrine over others or imports a novel concept alien to the Word of God. Heresies tend to reshape the whole biblical order of systematic doctrine to suit their internal necessities.

In the same way, rejecting the rules of statutory construction of the shipping and transportation statute requires that other laws be misread, misapplied or misconstrued. Such action by public officials violate the Tennessee oppression statute at 39-16-403, official oppression, a sound law if there ever was one.

How could a law that limits the arrest power without warrant have only 11 grounds? Because the law, put there by the people’s representatives, respects their rights. The people on the public payroll who traffic in bodies of the accused, do not.

Roadside prerequisite: Car crash

The motor vehicle law at Title 55 applies to 20 percent of the people on the road. But the two laws, working in tandem, fill the courts with the poor and the weak, with members of the other 80 percent of travelers who are subject to ultra vires (illegal, outside the scope) activity of officers. 

Many, many crimes that could be laid to this 80 percent of roadway users are not public offenses and are excluded from enumeration in the law we look at today. These “crimes” would include all traffic offenses currently handled by citation or arrest. Only four roadway-related offenses are subject to arrest without warrant — and these require there first to be a wreck.

No wreck, no arrest.

A public offense is the type of offense that is in the nature of public danger, threat, intimidation, scandal, felony. The laws on riot and disorderly conduct suggest the sort of offense in view by the “grounds for arrest by officer without warrant” law.

Many offenses are not subject to arrest without a warrant, and yet the poisonous tree of the deep state in Tennessee (built by lawyers, judges and the insurance industry) must be fed by the tears, sweat, and blood of the people subject arrested outside the scope of the warrantless arrest law. 

What shall we do to wield an axe to the trunk, and the root?

The David Tulis show is 1 p.m. weekdays, live and lococentric.

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