The" Appearance" Trap
ubik_heisenberg at freedom.net
ubik_heisenberg at freedom.net
Fri Mar 9 17:06:54 PST 2001
It is useless to bitch at me, the text is not from me...
Get it at http://www.peoples-rights.com/freedom.htm
The" Appearance" Trap
No "Policy Enforcement" / "Revenue Collection" officer ("Police") has the power to "Arrest"
you. They can only "apprehend" and "detain" you for up to two (2) hours, -during which
time they must take you before a "Court Officer" for "probable Cause" Hearing. it is the
Commissioner/ Judge/ magistrate's job to determine whether the government has sufficient
evidence to "charge" or prosecute you. it is at the "Court Officer's Office", that the detainment
is converted to an actual "Arrest".
In order to become a "Party" to a Law suit or "Case",- government must "trick" you (within the
first 48 hours after "Arrest" at the "court commissioner's"/ Justice of Peace's/ Judge's
Office) [See Riverside vs. McLaughlin ], into making "Appearance". By making "Appearance", -
you become "a party" to the case as "Defendant".
The several "tricks" are:
(1). You must give them your Name. Until YOU voluntarily state your Name, - they must write
the fictitious name "John Doe" on their papers. Even if they already know you. Even if
they have found a "Driver License" with the ALL CAPITAL LETTER fictitious name duplicate to
yours, - they can not make the tie-in. They have to trick YOU into stating your name
to them, or They must trick you, where:
(2.)You must agree to post a "Bail-Bond", or,
(3.)You "sign" something (Signature = "Consent to be regulated") or
(4.)You must agree to accept an "Attorney" to "Represent" you, or
(5.)You must enter a Plea of "Not Guilty" or "Guilty", or
(6.)You discuss, address or mention any facts about the case, or
(7.)You must say or write something (anything) favorable to your position or un-Favorable to the
Plaintiff's position, (traverse).
(8). You say or write anything admitting that there is a "case".
[The presumption being - if it is not Your "case", Why would you even acknowledge it ?] By
acknowledging that there even is a "case", - you must be a "Party" to that case - you
just made an "Appearance". According to C.J.S.(California Jural Society) the only way to
defeat being tricked into making "Appearance", is to challenge "In Personam" jurisdiction,
and NOTHING ELSE. The (geographical) physical location "Venue" jurisdiction, and "subject
matter" "In Rem" (contract in commerce) jurisdiction of the Court,
arise by "Operation of Law". (Case entry)
Returning All Papers with the "SAMPLE" "Neutral Response #1" letter, removes the "In
Personam", which accomplishes - they don't get "Appearance" on You.
So, You are Not a "Party" or "Defendant" - if you send All papers back with it. This is for
"Defense" Mode only.
If they "Arrest" you and "Take you in" - DON'T EVER give your name. To do so, is to
voluntarily enter into a "Contract " with the court - and You have made an "Appearance" in the
"Case". Exercise your "Miranda" "Right to remain silent" and DON'T SIGN ANYTHING (No
Bond papers, No "Finger Print Card", No."Photograph Card", No "Personal effects"
voucher, etc.), where they only have 48 Hours to hold you, and trick you into "Appearance", or
Release you (See Riverside vs. McLaughlin- Calif.).
Also, - If they "Arrest" you, - have a Friend (after the 49th Hour) serve the "Riverside vs.
McLaughlin Law Suit" on the Plaintiff "STATE OF of I and District Prosecuting Attorney, and
the "Keepers" at the jail (or wherever they are holding you). They will contact their "Lawyer" to
ask about it. He will advise them to let you out, immediately, rather than face additional
damages from the "Law Suit".
When in the Court, - When they ask you a question, ANY question - Don't say Anything. Don't
give, write, or say your Name. When they say, - "What's your name?" Say "I am not
'authorized' to sign anything." When they ask you a question, (such as "What's Your Name?"),
say "I don't have enough information or knowledge to form a responsive answer" or "I
Object" or "I don't Understand."
(To "understand"- is to "stand" "under"; be subordinate; be "subject" to.)
Note. If the "Judge" enters a Plea (for you) of "Not Guilty". You must ask "Is that a
"Administrative" decision or a "Judicial" Decision" ? When he says "Judicial". - (or "both") -
You
say "On the Record" , "Thank you Your Honor, for the "Acquittal that I am "Not Guilty" I and
WALK OUT OF THE COURT. DO NOT SAY ANYTHING ELSE TO ANYONE.
SIMPLY WALK OUT.
"'If he orders the Bailiff or other "Court Officer" to apprehend you or You will be in "Contempt Of
Court", - say "If you are Not going to honor your own 'Decision', - I hereby serve
NOTICE of Appeal" (State vs. Adams, K- Mart Corp vs. Salmon, "Malicious Prosecution", and
"Abuse of Process".
For copy of "Brad's Kansas Law Suit/Riverside vs. McLaughlin" send $5.00, or for further
information and/or a Seminar for your "Rights Study" Group, contact:
PEOPLES RIGHTS ASSOCIATION address used without prejudice to rights c/o, -
1624 Savannah Road, Lewes, Delaware (Spell fully out, small letters) no voluntary-military zip
zone Venue number used
JOHN DOE
John Doe- A fictitious name frequently used to indicate a person for the purpose of argument or
illustration. or in the course of enforcing a fiction in the law. The name which was
usually given to the fictitious lessee of the plaintiff in the mixed action of ejectment. He was
sometimes called "Goodtitle." So the Romans had their fictitious personages In law
proceedings. as Titus, Seius.
The name "John Doe" Is, and for some centuries has been. used In legal proceedings as a
fictitious name to designate a party until his real name can be ascertained. State v.
Rossignol. 22 Wash.2d 19. 153 P.2d 882. 885.
When they demand "payment" of a"debt" in Court. We say "Will you accept a non-redeemable
Note drawn on a Private Bank?". They say "No". We show a $ Federal Reserve
"Note" to the Judge, and We say "Your Honor, they just refused "Payment"- per U.C.C. 3- 603
1 (b) Debt is discharged'. He says 'You're right- Case Dismissed"
Statement to make before a "fiction court"
"Under"- 1.) in or to a position below or beneath something.
3.) in or into a condition of subjection, subordination, or unconsciousness.
"Standing" - n. lb: a position from which one may assert or enforce legal rights and duties.
"Understanding" - n. 3c: a mutual agreement not formally entered into but in some degree
binding on each side. "Understanding" - adj. 1: fully apprehended.
"Apprehend" - 1a: to take hold of. 1b: arrest, seize.
3: to grasp with the understanding; be fully aware of
vi i understand, grasp.
"Fiction" - 1a: something invented by the imagination or feigned.
"Feign"-la: to represent by a false appearance of. Pretense, dissemble.
"Dissemble" 1: to hide under false appearance. 2: to put under the appearance of: simulate - vi:
to put on a false appearance, conceal facts, intentions, of feelings under some
pretense.
"Statement - before a fictitious court", "I Do Not understand as to feign or dissemble, or to be so
understood as to be fully apprehended, for to do so would be under false pretense,
therefore, I Do Not have understanding"
SECOND STATEMENT (follow-up) if necessary. "I Do NOT understand, for I may be beneath a
position from which YOU may assert your legal rights, and may create an agreement
not formally entered into, but in some degree binding, and this may cause me to be falsely
understood, fully apprehended, and dissembled, therefore, I Do NOT have understanding"
FICTION OF LAW
Fiction of law. An assumption or supposition of law that something which Is or may be false Is
true, or that a state of facts exists which has never really taken place. An assumption.
for purposes of justice, of a fact that does not or may not exist. A rule of law which assumes as
true. and will not allow to be disproved something which is false, but not impossible.
Ryan v. Motor Credit Co.. 30 N.I.Eq. 531. 23 A 2d 607, 621 In their "Fiction" Court Their
"discretion" is YOU LOSE - regardless how much "Proof" or evidence of how "Right" you
are.
End
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