My project has been under way two years and involves a notice to city and county about limits on the state shipping/freight/transportation law which is the basis for every traffic stop. Tag light out. No indicator. Window tint. Speeding. Tire cross the line. Weaving. Failure to stop. These are all pretext stops of noncommercial people like you.
I say pretext because only commercial users can be stopped for noncriminal administrative infractions. They are a pretext because they are used to go around the constitution and get to people who are not subject to the statute, not subject to police power at all if they haven’t committed any crime in the officer’s presence.
Cops use Title 55 to “manage” the poor and blacks and to turn transportation encounters into DUI and drug arrests. Title 55 disallows it. The law is applicable ONLY to movers, 18-wheeler operators, cabbies, shippers, freight drivers, dumptruck operators, cement mixers, wrecker service operators, ambulance businesses and the like. If others fall under its sway, it is through a marvelous, amazing lawyerly invention: Rebuttable presumption.
My website covers in detail how the system works, and how to make them stop harassing us, especially young guys like Interstate Tax — aka Charles Toney, who was beaten by one of Sheriff Jim Hammond’s deputies in December 2018.
As I have suggested elsewhere, African-Americans and others who are frequent recipients of policing social management should take at least a slight interest in might efforts to stop Jim Crow in Tennessee, starting right here in Chattanooga.
I am trying to find a way to bring my remedy to ordinary people.
Could it be by a rap song? I couldn’t write it. But it would suggest these points, and point to a local solution, a Tennessee reform starting in Chattanooga.
“Hey, sir, I’m traveling under [transportation administrative] notice and I make no statement without my lawyer.” This is the short form of my remedy.
The person says no to everything, insists on all of his rights at all time and yields none of his rights at any time, and insists on due process as a BELLIGERENT CLAIMANT IN PERSON. No searches. No name without allegation of a real crime. No Title 55 against me — not involved in transportation, sir. Just using the roads for pleasure. Pleasure. Whimsey. Not f–ing trucking, just for pleasure. Just pursuing and exercising my constitutional rights, sir, and if you have no warrant for me and haven’t seen me commit a public offense, you can’t touch me.
Am I free to leave? What d’ya got by way of articulable probable cause, sir? Am I free to leave? If I’m not free to leave, you’re telling me you got an articulable probable cause I have committed a public offense? And I am making no statement because I am under the notice here in Chattanooga, and you know good and well that under notice you have no authority unless you get proof of commerce, sir, proof of privilege, and I don’t want and don’t need any privilege from you people to go about my private business, sir, none at all, as it’s my private business, sir and I am on the road and have hurt no one and this stop is illegal if you haven’t seen me commit a crime, have a warrant for my arrest or a warrant to search my car, sir, and I am putting you on personal notice, under the notice in Chatt, sir, that this stop is illegal and a violation of my constitutional rights, sir, and my rights are strong and good and free and I am one of the free people of this state, sir, have a nice day, sir.”
The song needs to be about being a belligerent claimant in person.
Say no to everything.
No plea bargains.
Hey, cop, hey DA, I’m part of the plea strike.
Take me to trial, pal. Let’s see what you got! Let’s get the people to decide. No dickering with the PD, not trading on my rights with the DA.
Let’s make the system fail, let’s make it follow its own rules — many of which its operators ignore. We can bring it to gridlock by just saying no. Every accused agrees to demand jury trial. No need to involve any politicians or reverends in this reform.
If enough people understand their true legal rights as I am describing them, we can force the system to change and reduce policing by 80 percent. It’s not going to be people like me to make that happen. But people like Interstate Tax and Joe Salant.
2 rap songs by Joe Salant