The extraordinary violent traffic stop in Virginia posted on YouTube following the filing of a lawsuit by Army 2nd Lt. Caron Nazario, a black Latino man who was in uniform, shows increasingly the need for reform of traffic stops across the U.S., or abolition of police.
By David Tulis / NoogaRadio 92.7 FM
Tennessee police and sheriff department enforcement of the trucking statute is largely illegal, according to Tennessee transportation administrative notice. But the judiciary maintains it by a legal fiction. The convenient presumption shoved upon every accused person without evidence by people such as district attorney Neal Pinkston is that there is no right to travel and that all travel by car or truck on the public road is by definition commercial.
It is impossible to attack this obstruction to liberty directly via the right to travel, as Arthur J Hirsch learned in a case before the criminal court of appeals in 2017. His petition for a hearing the supreme court was denied.
In the video released by Mr. Nazario’s attorney, slightly more than 5 minutes in length, armed Windsor officers drag Mr. Nazario from his car, guns drawn against him, bellow at him, and throw him to the ground without warrant and without probable cause. They allege a traffic infraction, and repeatedly gas him in the face, threatening him with death and electrocution.
In Chattanooga, Mayor Andy Berke refused to make reforms following notice to city government about the ultra vires activity (acts outside scope of law). Chief David Roddy and Glenn Scruggs (the latter who has read the document carefully) have been under it nearly 1,200 days, without rebuttal from the city attorney’s office.
It serves as a pivot in future criminal court cases and civil lawsuits, depriving officers and the city of their main defense, that of not knowing and not intending to violate black-letter law and so violate a person’s rights.
The notice is a workaround, implying bottom-up reform one jurisdiction at a time. In law, a notice requires a recipient to be on “awares” and to respond; without respond, it is a matter of law that the notice and its conditions or analysis is accepted by the recipient.
With the notice, people can use it in defense against traffic arrest abuse, and to sue afterward if they are private users injured by imposition of claims arising from the trucking law (also known as the motor vehicle code at Tenn. Code Ann. § Title 55, motor and other vehicles).
The courts in Tennessee are in many areas unjust and rogue, refusing to recognize the rights of communication, freedom of movement, freedom of travel, the property right of mobility.
The right of movement, enables other rights such as for religion, personal necessities, participation in politics and free speech, to operate.
Among the poor and blacks, police abuse is most profound and most harmful, as they lack resources and knowledge with which to fight back, and cannot afford legal counsel.
It is my hope that people who represent the interests of minorities and the poor will turn their attention to this real remedy since it is already operational. Administrative notice simply needs to be used, as it already has been.
Hardcore solution, not big talk
I propose that people on the road have copies of transportation administrative notice to give to the officer. If I am stopped while using my car or truck privately, I will say, “Sir, I am traveling under administrative notice and I make no statement apart from my attorney. And I don’t answer questions. Am I free to leave?”
It is my intent that people rely on the notice, even if they haven’t read it and don’t really understand the distinction it makes between travel (private, exercising rights) and transportation (for hire, in commerce).
Eventually, if enough people use notice and enough cases are dismissed because of it, and lawsuits win damages on cops and their employers, the evils will stop.
A final fix is in view in my “cockroach” project to end commercial government’s false claims upon free movement of the people. It will take legal action and expose a government fraud running into the hundreds of millions of dollars.
Administrative notice is a public document and has not been rebutted by either Chattanooga city council and city government or by the county commission after I gave sheriff Jim Hammond personally served a copy of the notice on March 5, 2018. I’ve also put the city of Red Bank in the city of East Ridge under notice; also the Tennessee highway patrol by certified letter and copy sent to the governor, Bill Haslam. I also also a copy sent to his safety commissioner at the time, David Purkey.
The notice is intended to be used by people to sue individual police officers in their employers who are knowingly and intentionally violating the state law and its limits.
We can sue individual officers in their personal capacity for imposing the shipping and trucking statute upon us on the road. We can also use it as a defense in court as have Charlie Bell, Keelah Harris and others.
The arrest in Virginia is typical of what police do around the country and is unjust and wicked. Cops empowered to enforce the shipping laws upon nonshippers such as Lt. Nazario are from the party of barking dogs.
In Chattanooga and beyond, we can work to file down the fangs and get cops again to enforce ordinances and keep the peace. Law enforcement activity largely is poaching on other governments’ jurisdictions, and a way of supporting racism, violence and fee- and fine-generation.