Quote:
Originally Posted by
Moxie
It might have been wise of me to get out of the car when police told me to,
so why should I budge when this cop is supposed to be protecting my rights in the first place?
Hindsight #1: After much asking around, and more study, I think when they (four cops present) asked to see a drivers license, presenting my freedom ID would have satisfied them.
Hindsight #2: If I got out of the car to satisfy the cops' request,
Hindsight #3: The cop inside the jail told me this as I was shackled in chains passing through the dark, hellish bowels of the jail -- "why didn't you just sign the ticket?"
We the People all have the protected Right of self-protection/self-defence. This protected Right can be traced back to the US Constitution.
Quote:
Amendment IV
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
The right of the people to be
Quote:
TITLE 17.**CRIMINAL PROCEDURE *
CHAPTER 6.**BONDS AND RECOGNIZANCES *
ARTICLE 1.**GENERAL PROVISIONS
O.C.G.A. § 17-6-11 *(2013)
§ 17-6-11.**Display of driver's license for violation of certain traffic related laws
(a)....any person who is apprehended by an officer for the violation of the laws of this state....upon being served with the official summons issued by such apprehending officer....in lieu of being immediately brought before the proper magistrate....in lieu of a recognizance ordering incarceration, may display his or her driver's license to the apprehending officer in lieu of bail, in lieu of entering into a recognizance for his or her appearance for trial as set in the aforesaid summons, or in lieu of being incarcerated by the apprehending officer and held for further action by the appropriate judicial officer.
Georgia Statutes provide a means for one to waive his protected Right to be secure in their effects (Driver's license). This waiver of a protected Right is by consent. It is a trade-off (
Quote:
TITLE 17.**CRIMINAL PROCEDURE *
CHAPTER 6.**BONDS AND RECOGNIZANCES *
ARTICLE 1.**GENERAL PROVISIONS
O.C.G.A. § 17-6-16 *
§ 17-6-16.**Entry of memorandum on warrant after waiver of commitment hearing and tender of bail
If the accused person waives a commitment hearing [Display of driver's license] and tenders bail [Display of driver's license], a memorandum of these facts shall be entered on the warrant by the person authorized to accept bail; and this waiver may be done by the person charged before arrest and, when done, shall operate as a supersedeas.
This means that when one waives his protected Right to be secure in his effects (Driver's license), one is simultaneously waiving his protected Right to a probable-cause hearing before a magistrate due to the trade-off (