Category Archives: Abolish The Police

Traffic Ticket Trial Tomorrow

I have court for a speeding ticket tomorrow. I’m going to make them earn their money at least. Everyone ought to take their tickets to trial. If they did, the courts would get clogged up, and they wouldn’t be able to handle the cases. Even if they could, they would no longer be profitable.

My wife just told me that she thinks I should just pay the ticket. However we have to keep in mind that it is important to our system that we are innocent until proven guilty. We have a right to a fair trial, and men have shed their blood for these rights. These rights are based on the Christian worldview, and it is important that we exercise our rights, which don’t come from men, but from God. I didn’t start this…a man with the power to blow my brains out, pulled me over. He started it.

Here’s a few things I’ve learned from this ticket, in addition to what I’ve learned previously. I’m also going to provide the questions and notes I’ve compiled in hopes that it might save you time.

  1. They tell you that if you pay the ticket within a couple weeks (or whatever), you get a deal. The deal they offer as a plea bargain to everyone if you show up to plead guilty or not guilty is better than their initial offer.
  2. When you show up to plead guilty or not guilty, I’d guess that is their break even point. They have to get you to pay the ticket or take the deal there to break even. If you plead not guilty, they will lose money.
  3. Read the state laws on traffic tickets. I went to that first hearing, and asked the clerk if she’s a referee. She said she wasn’t, so I filed a motion to dismiss. The judge said that she agreed and rescheduled my first hearing to be in front of her. They called me and left a message, and they mailed me a notice. I showed up, but I think if I hadn’t shown up, they would have either had to drop the case or properly serve me. So I think I screwed up by showing up to that hearing voluntarily without proper service.
  4. So my November 30th ticket is scheduled for trial on May 24. I think that postponing as long as possible also increases the chance that the cop retires/dies/moves, which would mean you are not guilty.

Here are my notes I’m taking tomorrow. I’m hoping to rake this guy over the coals as much as possible. The first portion is taken from a trial I saw where a lawyer did this to a state patrolman, and the judge dismissed the case. The second portion is based on Marc Stevens thoughts. The third part is taken from this article. 

  1. Has the state rested its case?
  2. He never identified me as the driver. I ask that the case be dismissed.

——————————————

  1. This law that I’m charged under, is it your belief that it applies to everyone in the state of Colorado?
  2. What is your logical, legal reason for that belief?
  3. So the law says that the law applies? Do you see that that is circular reasoning, and isn’t a valid answer?

———————————————

  1. Can you describe your training in using this radar/lidar?
  2. How is the device calibrated?
  3. If radar:

When did you use the tuning forks?

How did you use the tuning forks?

Was this done with the operator’s manual for the device?

How are the tuning forks calibrated? State of Florida v. Allweiss

(1980) says that using the radar manufacturer’s tuning forks is tantamount to having the device test itself.

Did you have the heat on? Was the car running?

  1. If lidar:

Did the operator have adequate training and experience?

Is the training documented?

Has the lidar been tested according to the procedures recommended by the manufacturer?

Was the unit tested against a known speed?

Does the unit include a technician certification?

What is the date of that certification (must be within 3 years according to State of Hawaii v Abiye Assay and NHTSA standards)?

Do you have the operator’s manual with you?

Was the heat on? Was the car running?

  1. Have you had any disciplinary actions taken against you?

 

 

 

State of Connecticut v. Tomanelli (1966)

In the case, which is the same year as the Honeycutt case, the Supreme Court of Connecticut ruled that “outside influences may affect the accuracy of the recording by a police radar set sufficient to raise a doubt as to the reliability of the speed recorded.”

The court also stated that tuning forks must be proved to be accurate to be accepted as valid tests of a radar unit. In order to establish the accuracy of the radar unit the operator must testify to the following:

  1. That he made tuning fork tests before and after the defendant’s speed was recorded.
  2. That the tests were made by activating 40, 60 and 80 mph tuning forks and by observing that the unit responded correctly in each case.

State of Minnesota v. Gerdes (1971)

The Supreme Court of Minnesota ruled that where the only means of testing the accuracy of a radar unit is an internal mechanism within the unit, and there is no other evidence of the motorist’s speed other than the radar reading, the conviction cannot be sustained.

The court also established the following conditions for proving the accuracy of the radar unit:

  1. The officer must have adequate training and experience in the operation of the radar unit.
  2. The officer must testify as to how the unit was set up and the conditions the unit was operated under.
  3. it must be proven that the unit was operated with a minimum possibility of distortion from external interference.
  4. The unit has to be tested with an external source, such as a tuning fork or an actual test run with another vehicle with an accurately calibrated speedometer.

People of New York v. Perlman (1977)

The Suffolk County District Court ruled that the radar device was not proved to be accurate since no external test had been performed before or after the arrest. This case is significant since it established the criteria of testing before and after a citation is issued.

Possible Speech

It’s clear to me that my simple question of jurisdiction won’t be answered, because it can’t be answered. It’s clear to me that your only basis for jurisdiction is the fact that I’m within range of your gun, and you and your comrades having proven your willingness to use it. We have a system devoid of any rational or logical basis for proving jurisdiction. It is based on the blind faith antichrist religion of statism and threats of violence. It is a system of might makes right. I consider this process to be unjust. I will write a check today if I’m found guilty, not because I feel it is the right thing to do, but under protest and due to the continued threats against me if I don’t. I wasn’t hurting anyone that day. No victim of my alleged crime has come forward. I’m innocent of the charges against me and I have an excellent driving record. There is no reason why we should have men with a gun on their hip harassing non-criminal Americans for supposedly violating arbitrary speed guidelines. The only valid basis for morality and justice is found in the fact that Jesus Christ is Lord, but that has long since been found to be unconstitutional, and what we’re left with is the arbitrary definition of justice provided by legislators gathering in Denver, a good percentage of which I wouldn’t trust to babysit my kids. I think you should be ashamed of yourself and you should repent of operating under this antichrist religious system.

 

Is Government Preferrable to Anarchy

I’ve noticed many instances of people of all walks discussing some political issue have said something like, “Obviously we don’t want anarchy; that doesn’t work; it’s crazy.” I’ve yet to hear any of those people actually defend that position. It’s something everyone seems to just accept as true. But, I’m not so sure.

First of all, the Bible says there is a purpose for government, and I’m not an anarchist. Romans 13:4 says that the purpose of government is to carry out God’s wrath on the wrongdoer. And Romans 13:6 says that for that purpose, we can be required to pay taxes, because the government is a minister of God. Notice they are to carry out God’s wrath–not their own wrath. Criminal justice being the only purpose of government places biblical government much closer to anarchy than to the U.S. form of government, which meddles in every aspect of life.

The problem in America is that government in any way acknowledging Christ is unconstitutional. Therefore, they are doing a terrible job, and they’re not carrying out their God-given purpose in any way, except maybe accidentally in some rare cases. My list of grievances would be ten times longer than the list of grievances given to King George III on July 4, 1776. Only a fraction of what we pay in taxes is used for the only biblical purpose given in Scripture.

The bottom line is that our government, at every level, is unbiblical if not antichrist. So, for people to say that our government is preferrable to anarchy is to claim that unbiblical system A is better than unbiblical system B. Maybe they’re right, and maybe they’re wrong, but I don’t think it’s a foregone conclusion.

The problem is that man is inherently sinful, with a wicked heart (which includes those currently operating our government). But, thankfully, God does limit the amount of evil that takes place. All humans have God’s law written on our hearts, but I think most Americans, even those that are unsaved, still have at least a partially Christian worldview. I think anarchy would be much different if we were predominantly Hindu, Muslim or atheist, so I’m only going to consider what anarchy might be like in America.

Americans seem to generally obey whatever the government tells them to do, even if it creates injustice. Most people seem to do what they’re told. Less than 50 law enforcement officers in this fairly large county keep more than 40,000 people under control. Of course, bad things happen, and bad people are around, but it is generally peaceful and law-abiding. Is that because our government is so great, or because it’s in our nature, or because we’re predominantly Christian or because we’re all brainwashed to respect government in the schools they operate? I don’t really know, but I don’t think the vast majority of people would go around murdering people or driving recklessly if there were no more government tomorrow. There are some who would, just as there are some who do now.

There are some great things that would happen if government ceased to exist tomorrow. Public school would be gone. Taxation, welfare, Social Security, government interference in business would all be gone. Individual theft might go up without government, but the government is by far the biggest thief. Government theft via unjust taxation and currency manipulation dwarf private theft. Even civil asset forfeiture, which is blatant, legalized theft is greater than private theft. So I’d guess that government being gone would cause a huge reduction in overall theft.

Image result for private theft vs civil asset forfeiture

I suppose the worst fear of anarchy is that roving gangs of thugs would crop up causing all kinds of mayhem. I suppose it’s possible, but Americans are a gun-owning people. We’re not exactly defenseless, and who wouldn’t team up with their neighbors to help protect each other? And isn’t that exactly what we have now? Don’t we have roving gangs of thugs making sure everyone has the correct stickers on their license plate at gunpoint? If you’re scared of roving gangs of thugs under anarchy, just do what they tell you to do, and they might even treat you better than the roving gangs of thugs you mindlessly obey now. Maybe you could offer to buy stickers from them annually at exorbitant rates.

And, just because there wouldn’t be anymore forced payouts for substandard, government-provided security services, doesn’t mean there aren’t free market solutions for security. Why couldn’t my neighbors and I voluntarily pay a security guard to drive around the neighborhood at night? And I’m sure security businesses would pop up to compete for people’s business–providing better service at better prices.

Of course, public school being gone might be the greatest benefit of anarchy. Millions of kids are steeped in antichrist religion seven hours per day. Public school has done so much damage to this country. And the whole thing is paid for by property tax, which is collected via threat of confiscation (robbers stealing from you at gunpoint). The whole system is based on socialism, and has done an excellent job of training most of us to be good, little socialists.

Welfare, food stamps, Social Security, etc. being gone would also be a benefit. Christians are commanded to take care of orphans and widows, but government has usurped that job. We would all be better off if charity and churches took care of people on a case-by-case basis. How much greater would the influence of Christianity be if churches had greater involvement in taking care of people’s day-to-day needs rather than people getting a government check?

On the issue of abortion, anarchy would be bad for the preborn, but obviously, our government isn’t helping so it’s a wash. This is definitely one area that government should be involved in as God’s servants to carry out His wrath on murderers.

There are many other issues to be discussed, but I think anarchy would be preferrable to the government we have. How much worse can that unbiblical option be over the unbiblical option of government we have now?

This is an interesting quote from Alexis de Tocqueville, whose observations come from his time in early America, taken from this worthwhile article.

“At the time of Tocqueville’s observations (in the 1830s), “the means available to the authorities for the discovery of crimes and arrest of criminals [were] few,” yet Tocqueville doubted “whether in any other country crime so seldom escapes punishment.” Citizens handled most crimes informally, forming committees to catch criminals and hand them over to the courts. Private mobs in early America dealt with larger threats to public safety and welfare, such as houses of ill fame. Nothing struck a European traveler in America, wrote Tocqueville, more than the absence of government in the streets.”

Of course, mobs are good if they are righteous mobs. Unrighteous mobs are bad. I think the bottom line is that there is no good form of government for wicked people.

Interesting Comment

I came across a comment on Facebook that got me thinking. It’s from an anarchocapitalist:

The idea is not to dismantle the U.S. government. The idea is to teach people a system of morality that is universal; that “don’t steal” and “don’t kill” applies to everybody. Once people everywhere, all over the world, understand this basic concept and would cringe at the idea of ruling, taxation and war then all governments will dissolve on their own. Spreading anarchism is a bottom up approach not a top down one.

The part where he says, “The idea is to teach people a system of morality that is universal; that “don’t Steal” and “don’t kill” applies to everybody.” caught me. That is a very good summation of the Great Commission.

And Jesus came and said to them, “All authority in heaven and on earth has been given to me.  Go therefore and make disciples of all nations, baptizing them in the name of the Father and of the Son and of the Holy Spirit, teaching them to observe all that I have commanded you. And behold, I am with you always, to the end of the age.” (Matthew 28:18-20).

Jesus said to teach the nations to observe all that He has commanded. The anarchist says we need to teach people universal morality, and even mentions two of the Ten Commandments. I don’t know if he’s a Christian or not, but universal morality can only come from the God of the Bible.

The job of Christians is to teach the nations all the He’s commanded, but we have done such a terrible job of that. Our problem seems to be four fold:

  1. Christians seem to root for the Republican regardless of how far from the Bible  he is.
  2. The commands of Christ are equally applicable to individuals as to the government, but rather than apply biblical morality to government, we twist Romans 13 to teach that we should obey whatever evil command government comes up with. Government becomes the law giver, and we end up with no king but Caesar.
  3. Pastors warp Romans 13 to teach that we should obey government almost no matter what, when in reality, Romans 13 is dynamite laid at the foundation of tyrannical government.
  4. The antinomian bias of American Christianity means many of us don’t even know what right and wrong is. How can the world know what universal morality Christ has commanded if Christians don’t even know? It’s our job to teach it, but we have to know it before we can teach it.

This reminds me of what Bojidar Marinov said. He’s speaking specifically of police, but it applies to all areas of tyrannical government:

“Every single positive change in history starts with change in our hearts, and change in the pulpit. Which means, concerning the standing occupying army of police, we need to first change our hearts and trust God that maintaining a social order is not the same as having a standing army for terrorizing the population. Then we need to purge the pulpits of any preacher who supports the existence of police, or the existence of any other tyranny. At the very least, do not support with your money pulpits which support tyranny.”

I’m ashamed to say it, but I believe Christians are to blame for the tyranny we are suffering under, because we are no longer preaching biblical morality. We need to do better.

Not Everyone Is Fully Human, Right?

How many jokes have you heard about dropping the soap in the jailhouse shower? I’ve heard many, and often they’re told by people who are making the point that if someone breaks a law, they deserve whatever they get. If you don’t want to suffer homosexual rape in jail/prison, don’t commit the crime. However, being sodomized is not a just punishment for any crime.

This is so important that I don’t see how Christians are not all over it. Justice is an absolute. Absolutes come only from God. It’s impossible to speak of justice apart from the absolute standard of justice provided in God’s law. Anytime someone utters something about justice, they’re demonstrating that they’re created in God’s image.

Christians can know what justice is. How is this not a huge selling point for Christianity? How are we not proclaiming justice from the rooftops? But not only are most Christians not giving the life-giving solutions found in God’s laws to our dying society, we join in with non-Christians in misunderstanding and mocking Old Testament laws.

I don’t know Fremont County Sheriff Jim Beicker personally, though I believe he is a regular church-goer. He is accused of covering up the abuse and death of an inmate in his jail. Those who say that criminals get whatever they deserve, probably love Beicker all the more.

However, the punishment for whatever crime this inmate received was not the death penalty, or medical malpractice, or whatever. It is the job of the sheriff to keep inmates alive and safe while depriving them of their freedom.

Of course, it is possible that the just sentence for whatever crime this guy committed was the death penalty. The Bible gives the death penalty to murderers, adulterers, kidnappers, rapists, blasphemers, and those who revile their parents. If he wasn’t convicted of any of those crimes the proper course of action for the civil magistrate is to make him perform restitution.

Whatever crime he committed, he was treated as if he was subhuman, and a Christian like Beicker is supposed to treat everyone, even convicted criminals like they’re created in God’s image.

We all have God’s law written on our hearts, and this terrible situation is an opportunity for Christians to pluck those strings on their hearts to convict the local civil magistrates, and show them what they ought to be doing, and what God expects of them.