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  • Traffic Stop Practice Script

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    HTMssm
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    Traffic stop practice script. MEMORIZE THIS SCRIPT to effectively exercise your fundamentally protected right of locomotion/right to travel freely and unencumbered. Supreme Court Cases and Sources for Right to Travel/Right of Locomotion: -Even the legislature has no power to deny to a citizen the right to travel upon the highway and transport his property in the ordinary course of his business or pleasure, though this right may be regulated in accordance with the public interest and convenience. Chicago Motor Coach v Chicago 169 NE 22 ("Regulated" here means traffic safety enforcement, stop lights, signs, etc. NOT a privilege that requires permission i.e.- licensing, mandatory insurance, vehicle registration, etc.) -The right of the citizen to travel upon the public highways and to transport his property thereon, either by carriage or by automobile, is not a mere privilege which a city may prohibit or permit at will, but a common right which he has under the right to life, liberty, and the pursuit of happiness. Thompson v Smith 154 SE 579 -The right to travel is a part of the liberty of which the citizen cannot be deprived without due process of law under the 5th Amendment. Kent v Dulles 357 U.S. 116 125 -Undoubtedly the right of locomotion, the right to remove from one place to another according to inclination, is an attribute of personal Iiberty, and the right, ordinarily, of free transit from or through the territory of any State is a right secured by the l4th Amendment and by other provisions of the Constitution. Schactman v Dulles, 96 App D.C. 287, 293 -No state shall convert secured liberties into privileges and issue a license and a fee for it. Murdock v. Pennsylvania, 319 U.S. 105 -If the state does convert your liberty in to a privilege you can engage in that right with impunity. Shuttlesworth v. City of Birmingham, 373 U.S. 262 -All laws which are repugnant to the constitution are null and void. Marbury v Madison 5 U.S. -The court is to protect against any encroachment of constitutionally securities. Boyd v United States 116 US 616 -Constitutional rights must be interpreted in favor of the citizen. Bryars v United States, 273 U. S. 28 -Where rights secured by the constitution are involved there can be no rule or law making legislation which would abrogate abolish them Miranda v. Arizona, 384 U.S. 436 -An unconstitutional act is not law. It confers no rights, it imposes no duties, it affords no protections, it creates no office, it is in legal contemplation as inoperative as though it had never been passed. Norton v Shelby County 118 US 425 -The general rule is that an unconstitutional statute though having the form and name of law in in reality no law, but is totally void. 16 Am Jur Vol. 2, sec 177, 256 -Officers of the court have no immunity from liability when violating constitutional rights. Owen v. City Of Independence , 445 U.S. 622, and Maine v Thiboutot, 448 U.S.1

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    Traffic stop practice script. MEMORIZE THIS SCRIPT to effectively exercise your fundamentally protected right of locomotion/right to travel freely and unencumbered. Supreme Court Cases and Sources for Right to Travel/Right of Locomotion: -Even the legislature has no power to deny to a citizen the right to travel upon the highway and transport his property in the ordinary course of his business or pleasure, though this right may be regulated in accordance with the public interest and convenience. Chicago Motor Coach v Chicago 169 NE 22 ("Regulated" here means traffic safety enforcement, stop lights, signs, etc. NOT a privilege that requires permission i.e.- licensing, mandatory insurance, vehicle registration, etc.) -The right of the citizen to travel upon the public highways and to transport his property thereon, either by carriage or by automobile, is not a mere privilege which a city may prohibit or permit at will, but a common right which he has under the right to life, liberty, and the pursuit of happiness. Thompson v Smith 154 SE 579 -The right to travel is a part of the liberty of which the citizen cannot be deprived without due process of law under the 5th Amendment. Kent v Dulles 357 U.S. 116 125 -Undoubtedly the right of locomotion, the right to remove from one place to another according to inclination, is an attribute of personal Iiberty, and the right, ordinarily, of free transit from or through the territory of any State is a right secured by the l4th Amendment and by other provisions of the Constitution. Schactman v Dulles, 96 App D.C. 287, 293 -No state shall convert secured liberties into privileges and issue a license and a fee for it. Murdock v. Pennsylvania, 319 U.S. 105 -If the state does convert your liberty in to a privilege you can engage in that right with impunity. Shuttlesworth v. City of Birmingham, 373 U.S. 262 -All laws which are repugnant to the constitution are null and void. Marbury v Madison 5 U.S. -The court is to protect against any encroachment of constitutionally securities. Boyd v United States 116 US 616 -Constitutional rights must be interpreted in favor of the citizen. Bryars v United States, 273 U. S. 28 -Where rights secured by the constitution are involved there can be no rule or law making legislation which would abrogate abolish them Miranda v. Arizona, 384 U.S. 436 -An unconstitutional act is not law. It confers no rights, it imposes no duties, it affords no protections, it creates no office, it is in legal contemplation as inoperative as though it had never been passed. Norton v Shelby County 118 US 425 -The general rule is that an unconstitutional statute though having the form and name of law in in reality no law, but is totally void. 16 Am Jur Vol. 2, sec 177, 256 -Officers of the court have no immunity from liability when violating constitutional rights. Owen v. City Of Independence , 445 U.S. 622, and Maine v Thiboutot, 448 U.S.1

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    © All Rights Reserved
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    4K views3 pages

    Traffic Stop Practice Script

    Uploaded by

    HTMssm
    Traffic stop practice script. MEMORIZE THIS SCRIPT to effectively exercise your fundamentally protected right of locomotion/right to travel freely and unencumbered. Supreme Court Cases and Sources for Right to Travel/Right of Locomotion: -Even the legislature has no power to deny to a citizen the right to travel upon the highway and transport his property in the ordinary course of his business or pleasure, though this right may be regulated in accordance with the public interest and convenience. Chicago Motor Coach v Chicago 169 NE 22 ("Regulated" here means traffic safety enforcement, stop lights, signs, etc. NOT a privilege that requires permission i.e.- licensing, mandatory insurance, vehicle registration, etc.) -The right of the citizen to travel upon the public highways and to transport his property thereon, either by carriage or by automobile, is not a mere privilege which a city may prohibit or permit at will, but a common right which he has under the right to life, liberty, and the pursuit of happiness. Thompson v Smith 154 SE 579 -The right to travel is a part of the liberty of which the citizen cannot be deprived without due process of law under the 5th Amendment. Kent v Dulles 357 U.S. 116 125 -Undoubtedly the right of locomotion, the right to remove from one place to another according to inclination, is an attribute of personal Iiberty, and the right, ordinarily, of free transit from or through the territory of any State is a right secured by the l4th Amendment and by other provisions of the Constitution. Schactman v Dulles, 96 App D.C. 287, 293 -No state shall convert secured liberties into privileges and issue a license and a fee for it. Murdock v. Pennsylvania, 319 U.S. 105 -If the state does convert your liberty in to a privilege you can engage in that right with impunity. Shuttlesworth v. City of Birmingham, 373 U.S. 262 -All laws which are repugnant to the constitution are null and void. Marbury v Madison 5 U.S. -The court is to protect against any encroachment of constitutionally securities. Boyd v United States 116 US 616 -Constitutional rights must be interpreted in favor of the citizen. Bryars v United States, 273 U. S. 28 -Where rights secured by the constitution are involved there can be no rule or law making legislation which would abrogate abolish them Miranda v. Arizona, 384 U.S. 436 -An unconstitutional act is not law. It confers no rights, it imposes no duties, it affords no protections, it creates no office, it is in legal contemplation as inoperative as though it had never been passed. Norton v Shelby County 118 US 425 -The general rule is that an unconstitutional statute though having the form and name of law in in reality no law, but is totally void. 16 Am Jur Vol. 2, sec 177, 256 -Officers of the court have no immunity from liability when violating constitutional rights. Owen v. City Of Independence , 445 U.S. 622, and Maine v Thiboutot, 448 U.S.1

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    Traffic Stop Practice Script

    THINGS TO REMEMBER:
    Roll up all windows, and lock all doors. When oicer co!es up "o "he window, roll one window down #$%&$ 'NO MORE().
    Make sure whoe*er is wi"h +ou s"a+s a,solu"el+ SI-ENT.
    Re!ain cal! and cool, do no" raise +our *oice or .N/ reason.
    0o no" !ake an+ sudden !o*e!en"s, keep +our hands on +our wheel, do no" reach or an+"hin1.
    0o no" answer an+ o "heir 2ues"ions, .S3 45ESTIONS ON-/.
    0o no" "r+ "o educa"e "he oicers o +our ri1h"s or an+"hin1 else.
    0o no" !ake e+e con"ac", look s"rai1h" orward and6or wear sun1lasses.
    3eep +our ace as ar ro! "he window openin1 as possi,le while si""in1 nor!all+. Ne*er e7hale or speak direc"l+ in"o "he
    openin1 or "oward "he oicer8s ace's).
    Ne*er open an+ door, and 0O NOT 1e" ou" or an+ reason.
    0o no" wai*e +our unda!en"all+ pro"ec"ed ri1h"s ou" o ear or 9OR .N/ OTHER RE.SON.
    0o no" ear or su,!i" an+ !an on "his ear"h, +our so*erei1n is "he :rea"or o "he 5ni*erse.
    #) 9or "he record, !a+ I 1e" +our na!e and ,ad1e nu!,er please;
    &) Oicer<<<<<<<<<<< Bad1e =<<<<<<<<<, is "here a recordin1 ,ein1 !ade o "his encoun"er;
    #. Is "ha" recordin1 co!prised o ,o"h audio and *ideo;
    &. .re +ou rela"i*el+ cer"ain "ha" +our recordin1 e2uip!en" is unc"ionin1 properl+ or "he
    purposes o !akin1 "his recordin1;
    >) Oicer<<<<<<<<<<< Bad1e =<<<<<<<<<, wha" is "he e!er1enc+ and how can I help;
    ?) Oicer<<<<<<<<<<< Bad1e =<<<<<<<<<, wha" a"s or inor!a"ion are +ou alle1in1 1a*e +ou
    propa,le cause "o s"op and accos" !e;
    @) Oicer<<<<<<<<<<< Bad1e =<<<<<<<<<, do +ou ha*e a properl+ si1ned and issued warran"
    au"horiAin1 +ou "o search !e or !+ proper"+;
    #. 'I9 /ES) Oicer<<<<<<<<<<< Bad1e =<<<<<<<<<, do +ou curren"l+ ha*e "ha" alle1ed
    warran" in +our possession, i so I would like "o see i" please;
    B) Oicer<<<<<<<<<<< Bad1e =<<<<<<<<<, do +ou ha*e a properl+ si1ne and issued warran" "ha"
    accura"el+ descri,es or na!es !e as "he person "o ,e arres"ed;
    #. 'I9 /ES) Oicer<<<<<<<<<<< Bad1e =<<<<<<<<<, do +ou curren"l+ ha*e "ha" alle1ed
    warran" in +our possession, i so I would like "o see i" please;
    C) 9or "he record, I a! no" Dopera"in1$ in a Dor hire$ capaci"+ ,+ en1a1in1 in an+ or! o
    D"ranspor"a"ion$ or o"her co!!ercial use o "he hi1hwa+s. Oicer<<<<<<<<<<< Bad1e
    =<<<<<<<<<, please acknowled1e "ha" +ou ha*e ,een so inor!ed.
    E) Oicer<<<<<<<<<<< Bad1e =<<<<<<<<<, a! I under cus"odial arres";
    F) I I a! no" under cus"odial arres" "hen a! I ree "o 1o;
    #G) Oicer<<<<<<<<<<< Bad1e =<<<<<<<<<, wha" is "he ar"icula,le pro,a,le cause "ha" leads +ou
    Traffic Stop Practice Script
    "o ,elie*e "ha" I ha*e co!!i""ed or a! a,ou" "o co!!i" a cri!e "ha" au"horiAes +ou "o s"op and
    de"ain or arres" !e;
    ##) 9or "he record Oicer<<<<<<<<<<< Bad1e =<<<<<<<<<, in order "o pro"ec" !+ ri1h"s and no"
    wai*e an+ ,+ error or acciden", I wish "o clari+ !+ le1al unders"andin1 o "he si"ua"ion:
    #. /ou said "ha" I a! no" ree "o 1o, so I !us" conclude "ha" I a! under cus"odial arres" and no"
    si!pl+ an in*es"i1a"i*e de"en"ion.
    &. Thereore, I a! in*okin1 all o !+ unda!en"all+ pro"ec"ed ri1h"s, includin1 !+ ri1h" "o
    re!ain silen" and !+ ri1h" "o assis"ance o counsel.
    >. 9ro! "his poin" orward I do no" consen" "o pro*idin1 +ou wi"h an+ inor!a"ion or
    docu!en"s "ha" could or will ,e used a1ains" !e in a cour" o law or "o possi,l+ incri!ina"e
    !e, so please do no" ask !e "o produce an+"hin1 and 1i*e i" "o +ou.
    ?. 9ro! "his poin" orward please do no" ask !e "o answer an+ 2ues"ions or peror! and or!
    o "es" rela"in1 "o an+ !a""er wha"soe*er wi"hou" !+ a""orne+ presen".
    @. Oicer<<<<<<<<<<< Bad1e =<<<<<<<<<, do +ou in"end "o har!, inHure or punish !e ,+ an+
    !e"hod o assaul", arres" and6or incarcera"ion ,ecause I ha*e in*oked "hese unda!en"all+
    pro"ec"ed ri1h"s;
    #&) 9or "he record Oicer<<<<<<<<<<< Bad1e =<<<<<<<<<, no law is *alid is i" re2uires !e in an+
    wa+ "o wai*e !+ unda!en"all+ pro"ec"ed ri1h" in order "o e7ercise an+ o"her ri1h" or alle1ed
    pri*ile1e. .nd no law can con*er" "he ree e7ercise o an+ ri1h" in"o a cri!e. I ha*e repea"edl+
    inor!ed +ou "ha" I choose no" "o wai*e !+ unda!en"all+ pro"ec"ed ri1h"s.
    #>) So, I ask +ou a1ain Oicer<<<<<<<<<<< Bad1e =<<<<<<<<<, do +ou in"end "o har!, inHure,
    s"eal !+ proper"+, or o"herwise punish !e or in*okin1 !+ unda!en"all+ pro"ec"ed ri1h"s;
    W.RNING, I9 THRE.TENE0 use su,%i"e! #:
    #. Oicer<<<<<<<<<<< Bad1e =<<<<<<<<<, due "o +our a""i"ude, de!eanor, and +our
    con"inuous "hrea"s "o alsi+ char1es and co!!i" ac"s o *iolence a1ains" !e and !+
    proper"+ while displa+in1 a deadl+ weapon, I eel ph+sicall+ "hrea"ened and in ear o !+
    lie. I de!and "ha" +ou cease and desis" and re2ues" "he i!!edia"e presence o a super*isor.
    I do no" consen" "o an+ o +our ac"ions, "he use o orce a1ains" !e or !+ proper"+, or "o
    ,ein1 orced "o e7i" !+ car or an+ purpose, especiall+ so "ha" +ou !a+ a""e!p" "o s"eal !+
    proper"+ and6or assaul", inHure, or kill !e.
    #?) Oicer<<<<<<<<<<< Bad1e =<<<<<<<<<, +ou are ull+ aware "ha" I ha*e alread+ in*oked !+
    unda!en"all+ pro"ec"ed ri1h" "o re!ain silen" and !+ ri1h" "o assis"ance o counsel. 0o +ou
    in"en" "o con"inue +our unlawul eor"s "o *iola"e !+ ri1h"s;
    #. I" is !+ ,elie "ha" "he inor!a"ion +ou are de!andin1 !a+ possi,l+ ,e used a1ains" !e in a
    cour" o law or in an a""e!p" "o incri!ina"e !e.
    Traffic Stop Practice Script
    &. .nd i "ha" is so, "hen, upon "he ad*ice o le1al counsel I !us" respec"ull+ decline "o
    pro*ide +ou wi"h an+ inor!a"ion or e*idence "ha" possi,l+ can or would ,e used a1ains" !e
    or "hose purposes.
    #@) Oicer<<<<<<<<<<< Bad1e =<<<<<<<<<, I a! askin1 +ou a1ain, do +ou in"end "o con"inue "o
    den+ !e in !+ ri1h"s and "o alsel+ i!prison !e or a! I ree "o 1o;
    I "he oicer !akes an+ s"a"e!en" !akin1 a direc" accusa"ion a1ains" +ou or direc"ed "oward escala"in1 "he s"op "o
    "he s"a"us o a 05I or dru1 ,us" si"ua"ion, +ou M5ST ,e prepared "o re,u" i" INST.NT-/.
    O99I:ER: Dsir6!a8a!, I s!ell alcohol6!ariHuana and I a! 1oin1 "o ha*e "o ask +ou "o s"ep ou" o "he
    *ehicle.$I
    OR
    Dsir6!a8a!, are +ou aware "ha" +ou 'alle1edl+ did so!e"hin1) and I a! 1oin1 "o ha*e "o ask +ou
    "o s"ep ou" o "he *ehicle.$'BE S5RE TH.T s6he IS l+in1 in "his case.)
    #B) /O5: Oicer<<<<<<<<<<< Bad1e =<<<<<<<<<, +our s"a"e!en" is pa"en"l+ alse and an
    ou"ri1h" lie, are +ou now "r+in1 "o a,rica"e pro,a,le cause ,+ !akin1 alse s"a"e!en"s in"o "he
    record and alse alle1a"ions a1ains" !e;
    #. I do no" consen" "o ,ein1 de"ained or an+ addi"ional "i!e or o"her purposes. .! I ree "o 1o
    or are +ou 1oin1 "o con"inue "o ille1all+ "erroriAe, "hrea"en, and alsel+ i!prison !e ,e+ond
    "he "i!e needed "o conclude "his alle1ed D"ranspor"a"ion s"op$
    &. Repea" s"eps #&%#Ba as re2uired or each new or con"inued de!and or "hrea" i!posed ,+ "he
    oicer's)

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