Holding police liable for false arrest, a journey begins
67The Journey Begins - Falsely Arrested Without Cause
If you tire of more and more simple things being criminalized and used to extract money from you at every turn, you might consider taking some time to learn law and put it into practical application.
I was recently arrested at home for what started as having a tail light out.
As I do not take such things lightly, I will be pursuing the matter and detailing my thoughts and actions here. Real change begins with you and I standing up for our rights and holding those who would violate them accountable for their actions.
Close Encounters of the Police Kind
I was out and about, returning from dropping my daughters off with my wife and almost home when bright red and blue lights appeared behind me.
Being dark, and not knowing who was seemingly trying to get my attention, I decided to continue the last block and a half to my home before stopping. I did not speed up or do anything to indicate that I was attempting to lose my pursuer, but I also did not stop immediately.
By doing so, I was standing on my right to be safe ( the one behind me could have been someone impersonating an officer...and there was no one about and it was dark ) while not opening myself to any claims of fleeing an officer ( hence the reason for not speeding up or making sudden evasive moves ).
As I stepped out of my car and greeted the man running towards me, I was rudely ignored as he proceeded to fire off questions, demanding that I explain why I did not stop immediately.
As calmly as I could, I simply noted that yes I saw his lights, no I did not know who he was or why there were lights, and that I felt safer continuing home for any pending encounter.
Making my Life Hard
Of course, the officer ignored my clear, concise answers and demanded that I provide a "license and proof of insurance". Knowing full well that we have no duty to speak with a police officer, especially when not being charged with a crime, I declined to provide any information and asked him if I was under arrest for some crime.
Ignoring me again, he simply noted that he needed me to provide a drivers license and proof of insurance. I again declined, asking if I was obligated to do so and what would happen should I fail to do either or both.
Falsely Imprisoned (Arrested)
At that point I guess he decided that I was under arrest as he asked me to turn around and put my hands behind my back.
Rather than complying ( which is construed as your agreeing to be arrested ), I asked him if I was under arrest. He immediately answered yes and so I let him go about his silliness. Clearly he did not know that one can only be arrested for certain things...and having a tail light out and/or asking questions are not among them.
Unlawfully Searched
He then proceeded to try and search me, which I stopped momentarily by noting that I did not consent to being searched.
I can only guess the officer believed I was lawfully under arrest as he sneered and noted that I didn't have a choice in the matter and then proceeded to search me, taking my change, wallet, keys, etc.
An Offer and a Refusal
After spending some time in a holding cell down at the station, the door was opened, I was offered my things, and the officer tried to hand me two offers, one he called something like a "Notice of Infraction for Having a Taillight out" and the other he called something like a "Notice of Infraction for failing to cooperate with a police officer".
I politely said thanks, but no thanks, gathered up my things, and asked about getting a ride back to where I was abducted from, it being dark and cold out.
The officers rude response, "You best start walking" (or something along those lines) was uncalled for...especially when I later saw him pass me, headed back to where I was headed.
He did note that I needed to take his offered papers, placing a piece of plastic with my likeness on it (which he had taken from my wallet) on top of the papers and sliding them towards me.
Knowing what a slider is when I see it, I snapped up my missing possession, left the papers there for him to deal with, and left.
A second meeting and missing keys
Not long after I realized that he had not given me my (only set of) keys back, so I turned about and started heading back to the station.
The same officer drove up (on the bridge), turned on his lights again, and started shouting that I had to take the papers he had offered me.
I backed away, politely declining once more, but he jumped out of his truck, ran up, grabbed my shirt, and stuffed the papers into my outer pocket before getting back into his truck and speeding off...noting that I already had my keys.
Calling 911 to get my keys back
Being after hours on the weekend, I used the phone out front (as noted on the door) to call 911 and ask that the officer be directed to return and provide me with my keys.
After a short bit, he showed up, opened the door, and snapped that my keys were in my pocket (as if I would do the extra walking in the cold night air just to harass him...). So, I emptied my pockets and noted that no keys were, in fact in my pocket, and he was the last one in possession of them.
He went back in and returned after a bit holding them out without a word.
Throwing the papers away...almost
I almost threw the papers he forced upon me away...but realized that if he was willing to falsely arrest me, unlawfully search me, and assault me, he would probably lie about the matter as well...so I gathered them back up and will be returning them first thing monday.
This will create a record in the police department that they were refused for cause...and he will have to testify against department records if things come to such.
The Journey Begins
At this juncture, I will make the police station, the municipal corporation, and the officer an offer to make restitution for the officers actions.
While I hope that they will do so, if they fail to then this will be the start of my journey down the path of holding them accountable for their transgressions.
As things progress, I will update this hub accordingly.
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Comments
Thank you!
There are definitely a lot of holes...but most are easily avoided as we cure our ignorance.
Simply taking the time to learn law and consider it goes a very long way...but it certainly takes time to reach a mindset that holds both lack of fear and conviction in ones own knowledge.
I wasn't asking for this journey, but I am not about to bow down and cough up either...so it should be an interesting experience at the very least.
Who knows, perhaps I can use law to get them to change their methods a little. We are the people. They are our public servants. Somehow that seems to be missing knowledge these days.
Dude there is a reason the statement that a lawyer although your not one this still applys to you that represents himself has a fool for client. You have to be one of the stupidest people I've ever heard of in my life.
Most officer would have tossed you in jail for failing to take the ticket the first time it was offered. By taking you are not agreing with but filing to acept it in any state is an arrest. First you fail to stop they you refuse to produce your license as required by law, dumb. You know you can try that Freeman crap and it will eventully land exactly where it did all your heroes in Montana. It's called prison. But hey it's free world right you don't want to follow the laws as they have been passed down then by all means go for it. but don't be offended as read this as you go from a minor infraction and turn it to serious jail time. You may think you have the law on your side but brother it's about to rain on your parade!
Funny stuff. You can believe what you will, but any lawyer that will not defend himself in court is not worth hiring...just as any plumber that will not fix his own plumbing is not worth hiring.
That being said, law is very particular. Arrest is something that must be done for just cause, not something that wearing a badge magically gives one a right to do.
Of course, I'm not going to argue such points with you. If you think that other men have the right to magically create "the law" out of thin air and do whatever they want to you, so long as it is within their created laws...and that all of "the law" applies to everyone, regardless of status, then you are free to live that way.
Just don't complain when you find yourself in a police state that regularly disappears people who do things which have been made illegal by your corrupt leaders. Myself, I'll stick with learning law and applying it where necessary.
Enjoy your government masters. I'll keep doing my best to remind those that would rule me that they are public servants.












Universal Laws says:
3 months ago
Great Hub. Looking forward to following this one as a Freewoman in training. We need more of this information so that we dont fall into the holes they dig for us.