Re: The Great Questions not Answered... Lets answer it!!!
learnin2 Wrote:SansRecours, If you stop for an officer, are you not, by your own actions, acquiescing to their jurisdiction? Why as a sovereign, would you do this?
Seriously, though... Very nice points:
SansRecours Wrote:Let's have a lesson here.
You see the blue lights flashing and you pull over (after all you're going right for sirens and lights, and do not want to hinder a bona fide emergency). Officer Mo comes up to your door and says what he always says:
"May I see 'your' driver license and registration please?"
Let's say that you have a driver license and present it. Here are the facts:
In order to get a driver license, in every state one usually has to present 1 primary and 1 secondary form of "identification' (?) usually consisting of a birth certificate and a social security card.
Without looking at the rules of evidence (on Hearsay, its Relevancy, and its Exceptions). When you gave the birth certificate to the licensor did you look like or have any of the physical characteristics of the thing or being that the certificate identifies?? Unless you were a newborn with an extremely gifted mobility and communication skills the answer is NO. Did it "prove" to the licensor your "identity" again NO. It is merely a record that a hospital makes in the ordinary course of its business, and a governmental agency records as a course of its business. It is a business record. Need more: EvR 803 (6). Repeat after me HEARSAY
Okay, so on to the SS number, when you gave that to the licensor did those nine numbers somehow physically describe you enough for the licensor to rely upon a "proof" of identity? Again, NO and again, excludable under the rules of evidence as hearsay.
Let's do some "fuzzy" math: HEARSAY + HEARSAY = PROOF OF IDENTITY???? WRONG!! It equals hearsay.
So you hand Officer Mo the license (is it REALLY your license??) and he takes it back to the car (worst case scenario) where he, in the ordinary course of police business, of course, calls the license in or goes to a laptop to "verify."
Let's say he talks to a dispatcher, (hearsay once removed) that goes to a computer check (hearsay twice removed). Neither of these two have any idea who entered the data into the computer (hearsay thrice removed, also a business record, as well as the police radio braodcast is hearsay and a business record. If you study it out you will find the proof).
Let's say you had a conversation with him regarding your sweet 1965 Mustang, blue in color, License plate GOGETM, and your failure to see that red light- Anything you say is a statement, it is not testimony, and also falls into that hearsay realm.
Officer Mo writes a ticket and signs his name guaranteeing (if a perjury statement) or at least creating the presumption (bare signature) that he has read that ticket and it's true and correct to the best of his knowledge and belief. Officer Mo brings the ticket back for you to sign, and you sign it (yeah, it's a promise to appear, but it doesn't say HOW you are going to make an appearance; a motion to dismiss is a type of appearance, so is a special appearance to challenge jurisdiction and venue) and you drive away after the obligatory "have a nice day."