Police Officer, Sheriff, or Law Enforcement
Officer, Peace Officer, please take notice of the below information:
The individual presenting this information to you is
doing so in an attempt to protect you from yourself. I have a
good deal of respect for the public service job you are doing and
understand how difficult it is to seek out and prosecute criminals.
However, this document is presented at a ‘traffic stop’.
Where an individual is detained, without a warrant and
without having committed a crime (traffic infractions are not crimes),
the detention is a false arrest and false imprisonment.
Damages awarded; TREAEVANT v. CITY OF TAMPA,
241F2D.336 (11TH CIR.1984) Motorist illegally held for 23 minutes in a
traffic charge was awarded $25,000 in damages. The above case sets the
foundation for $75,000 dollars per hour, or $1,800,000 dollars per day.
"The Fifth Amendment provides that no person shall be
compelled in any criminal case to be a witness against himself in a
criminal prosecution but also privileges him not to answer official
questions put to him in any other proceeding, civil or criminal, formal
or informal, where the answers might incriminate him in future criminal
proceedings." LEFKOWITZ v. TURLEY, 94 S. CT. 316, 414 U.S. 70 (1973)
"The privilege is not ordinarily dependent upon the
nature of the proceeding in which the testimony is sought or is to be
used. It applies alike to civil and criminal proceedings, wherever this
might tend to subject to criminal responsibility on him who gives it.
The privilege protects a mere witness as fully as it does one who is a
party defendant." MC CARTHY v. ARNDSTEIN, 266 U.S. 34, 40, 45 S.CT. 16,
17, 69 L.ED. 158 (1924)
"…where the Fifth Amendment privilege against
self-incrimination is involved…the court has always construed its
protection to ensure that an individual is not compelled to produce
evidence which later may be used against him as an accused in a
criminal action… The protection does not merely encompass evidence
which may lead to criminal conviction, but includes information which
would furnish a link in the chain of evidence that could lead to
prosecution, as well as evidence which an individual reasonably
believes could be used against him in a criminal prosecution." HOFFMAN
v. UNITED STATES, 341 U.S. 479, 486, 71 S.CT.814, 95L.Ed. 1, 18 (1951)
"in KASTIGAR v. UNITED STATES, 406 U.S. 441, 92 S. CT.
1653, 32 L. Ed. 212(1972), we recently reaffirmed the principle that
the privilege against self incrimination can be asserted in any
proceeding, civil or criminal, administrative or judicial,
investigatory or adjudicatory. Id., at 444, 92 S. Ct. AT 1656;
LEFKOWITZ v. TURLEY, 414 U.S. 70, 94 S. CT.316, 322, 38 L. Ed. 274
(1973).
"WE have recently noted that the privilege against
self-incrimination --- the essential mainstay of our adversary
system—is founded in a complex of values… To maintain a fair state
individual balance, to require the government to shoulder the entire
load… to protect the inviolability of the human personality, our
accusatory system of criminal justice demands that the government
seeking to punish an individual produce the evidence against him by its
own independent labors, rather than by the cruel, simple expedient of
compelling it form his own mouth… In sum, the privilege is fulfilled
only when the person is guaranteed the right to remain silent unless he
chooses to speak in the unfettered exercise of his own will."
"…there can be no doubt that the Fifth Amendment
privilege is available outside of criminal court proceedings and serves
to protect persons in all settings in which their freedom of action is
curtailed in any significant way from being compelled to incriminate
themselves." MIRANDA v. ARIZONA, 86 S. CT. 1602, 384 U.S. 436 (1966)
Please also NOTE: the above, as stated by the Supreme
Court, are rights and privileges as guaranteed by the Constitution, and
anyone (including judges) who knowingly violates those rights may be
civilly and criminally liable under several federal statutes. Please
see: United States Code, Title 18 Section 241 (Conspiracy against
Rights), and Section 242 (Deprivation of Rights under Color of Law);
Title 42 Section 1983, 1985, 1986 (Civil Rights)
Officer, I cannot and will not provide you with any
information that may later be used against me in a civil or criminal
proceeding. This includes producing documents that may or may not be in
my possession. If there is some important information that you wish to
impart upon me, please do so in a respectful manner. I do hope you will
have a good day.
Respectfully submitted,
___________________________________________________,
Sui Juris
