Evidence Repository

The Libel of Review has quite an interesting history behind it, and as I have indicated elsewhere in the lesson plan area here, is remedy from the inherent One Form of Action (1938) manifesting itself in a general district admiralty style of process in America. For this segment of the lesson plan I am going to focus on the example Clerk Instruction found within the LoR.

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Presentments will be treated as described by the following example of clerk instruction:

Petitioner
street address
Colorado Springs, Colorado.
[zip]

United States District Court Registered mail # RA XXX XXX XXX US
for the District of Colorado
901 19th Street - A105
Denver, Colorado.
[80294]

Dear clerk;

Please file this refusal for cause in the case jacket of Article III case 03-XXXX. This is evidence if this presenter claims I have obligations to perform or makes false claims against me in the future. A copy of this instruction has been sent with the original refusal for cause back to the presenter in a timely fashion.

Certificate of Mailing

My signature below expresses that I have mailed a copy of the presentment, refused for cause with the original clerk instruction to the district court and the original presentment, refused for cause in red ink and a copy of this clerk instruction has been mailed registered mail as indicated back to the presenter within a few days of presentment.

_______example________________________

Petitioner

Presenter's name Registered mail # RA XXX XXX XXX US
Address
Anywhere, State.
[presenter's code]

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The scenario I like to use is that after properly identifying yourself to a police officer; Officer, I am not showing you this driver license for identification purposes, I am only showing it to you to show you I am competent to operate a motor vehicle and I have a valid insurance policy to cover me. [There is more to learn about this in my thread about identity.] Most of the time, this will stop the officer from even writing the ticket. Especially if you understand to add; I need to get your name so that I can have you recall what I just said about my identity and driver license at trial. I want you to remember that I did not give you this driver license card for identification purposes. Now at the very least the police officer knows that in a few weeks he will be spending half a day in the courthouse hallway killing time waiting to be called in to testify; and if you have not harmed anybody he will likely give you a verbal warning and depart.

That aside though, let's pretend you get a speeding ticket. You should already know better than to write Refusal for Cause across it in great big letters and hand the clipboard back to the officer (an executive officer Goes Postal?). [However, when a suitor did one time the R4C was immediately in force, the officer returned ten minutes later with an identical presentment where he filled in "Refused" on the signature line and walked up to a few feet of the minivan driver window, sprinted forward and stuffed the Defendant's Copy of the Citation in, then ran back to his car.]

So now you have three days to Refuse for Cause the presentment. The procedure is to make it clear by writing Refusal for Cause with a red marker across the presentment and returning it to the officer's principal - the chief of police. In an honest world that's the end of it - no consent - no acquiescence. Check out the Court of Record thread.

It is unsafe to count on the chief of police to be honest. Who instructs clerks? Judges - courts of competent jurisdiction. So instruct the clerk. Instruct the clerk to file a copy of your R4C into your LoR and provide the chief of police with a copy of the Clerk Instruction. Now the chief of police knows all you need to do is run up to Denver (or wherever) and you can prove you exercised your right of refusal in a timely manner. The chief of police will be waiting at least three days to send the cause over to the courthouse, because he has to respect your right to R4C. Even if he sent it already though, if he fails to provide the court with your R4C he is obviously defrauding the court. If you can produce a copy for the chief of police, you can for the judge and court! [Who is keeping the record now? If the chief of police or clerk of court are fudging up the record but you have the US clerk of court keeping yours for you - then who has the authority of a court of record?]


Regards,

David Merrill.

Great explanation of R4C and record forming, thank you David!

Quote:

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Originally Posted by David Merrill

The Libel of Review has quite an interesting history behind it, and as I have indicated elsewhere in the lesson plan area here, is remedy from the inherent One Form of Action (1938) manifesting itself in a general district admiralty style of process in America. For this segment of the lesson plan I am going to focus on the example Clerk Instruction found within the LoR.



The scenario I like to use is that after properly identifying yourself to a police officer; Officer, I am not showing you this driver license for identification purposes, I am only showing it to you to show you I am competent to operate a motor vehicle and I have a valid insurance policy to cover me. [There is more to learn about this in my thread about identity.] Most of the time, this will stop the officer from even writing the ticket. Especially if you understand to add; I need to get your name so that I can have you recall what I just said about my identity and driver license at trial. I want you to remember that I did not give you this driver license card for identification purposes. Now at the very least the police officer knows that in a few weeks he will be spending half a day in the courthouse hallway killing time waiting to be called in to testify; and if you have not harmed anybody he will likely give you a verbal warning and depart.

That aside though, let's pretend you get a speeding ticket. You should already know better than to write Refusal for Cause across it in great big letters and hand the clipboard back to the officer (an executive officer Goes Postal?). [However, when a suitor did one time the R4C was immediately in force, the officer returned ten minutes later with an identical presentment where he filled in "Refused" on the signature line and walked up to a few feet of the minivan driver window, sprinted forward and stuffed the Defendant's Copy of the Citation in, then ran back to his car.]

So now you have three days to Refuse for Cause the presentment. The procedure is to make it clear by writing Refusal for Cause with a red marker across the presentment and returning it to the officer's principal - the chief of police. In an honest world that's the end of it - no consent - no acquiescence. Check out the Court of Record thread.

It is unsafe to count on the chief of police to be honest. Who instructs clerks? Judges - courts of competent jurisdiction. So instruct the clerk. Instruct the clerk to file a copy of your R4C into your LoR and provide the chief of police with a copy of the Clerk Instruction. Now the chief of police knows all you need to do is run up to Denver (or wherever) and you can prove you exercised your right of refusal in a timely manner. The chief of police will be waiting at least three days to send the cause over to the courthouse, because he has to respect your right to R4C. Even if he sent it already though, if he fails to provide the court with your R4C he is obviously defrauding the court. If you can produce a copy for the chief of police, you can for the judge and court! [Who is keeping the record now? If the chief of police or clerk of court are fudging up the record but you have the US clerk of court keeping yours for you - then who has the authority of a court of record?]


Regards,

David Merrill.

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I like the the simplicity of stating that the DL card is for competency purposes only and NOT as or for ID. This implies that it is the STATE that recognizes "competency" in the form of a DL and not you. You are just utilizing a tool of the modern era, out of necessity only, in order to keep the peace and avoid unnecessary roadside conflicts with ignorant and conditioned LEOs who expect to see a DL to stay in their "comfort zone". After all, they are armed with deadly weapons and trained to understand that everyone they encounter on the "roadways" is subject to their claimed jurisdiction. The inherent right and power to R4C any presentment from the LEO is how we exercise our authority, in our own right, to refuse contract novations (ticket, summons).

Another good trick is to get the LEO to write on the presentment itself that the DL was NOT presented as ID in the notes area. My wife actually had an LEO write that on a warning which was written after she told him that the DL card was NOT for ID but for competency purposes only. The claim was that she did not fully stop at a STOP sign. She also refused the request to give a phone number.

Attachment 64

There it is right there as testimony from the LEO himself; DL WAS NOT USED FOR ID. If the officer refuses to write it, then you can right it in prior to signing the instrument. Either way, the instrument itself testifies to the truth.

Thank you AJ!

excellent explanations.

sometimes asking the detaining officer, "So have you ever actually read the Motor Vehicle Act? (none have), can humble them a bit and create a more balanced interaction.

If i get a ticket in Ohio, one in Carolina and one in Colorado; how many evidence repositories do i need?

It was mentioned in passing that "all you need to do is run up to Denver (or wherever) and you can prove you exercised your right of refusal in a timely manner."
If i set up an evidence repository in Denver, will that work for a refused for cause presentment, issued out of state?
Do folks set up evidence repositories wherever they get presented with something by a cop?

And by "run up to Denver (or wherever)," what is meant by this? i wonder if David's talking about the District Court in Denver?
And in what sort of setting does one prove the timely R4C?
As an attempt to show that i've tried to answer my own question with what i've read;
i remember EZRythm @ SJC talking about the importance of checking up on the status of the case after R4C; and David's story about sending the suitor in, to his arraignment, to prevent a fraud on the court. But, in what capacity that suitor appeared, was lost on me.

Thanks,
doug

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Originally Posted by doug-again

If i get a ticket in Ohio, one in Carolina and one in Colorado; how many evidence repositories do i need?

It was mentioned in passing that "all you need to do is run up to Denver (or wherever) and you can prove you exercised your right of refusal in a timely manner."
If i set up an evidence repository in Denver, will that work for a refused for cause presentment, issued out of state?
Do folks set up evidence repositories wherever they get presented with something by a cop?

And by "run up to Denver (or wherever)," what is meant by this? i wonder if David's talking about the District Court in Denver?
And in what sort of setting does one prove the timely R4C?
As an attempt to show that i've tried to answer my own question with what i've read;
i remember EZRythm @ SJC talking about the importance of checking up on the status of the case after R4C; and David's story about sending the suitor in, to his arraignment, to prevent a fraud on the court. But, in what capacity that suitor appeared, was lost on me.

Thanks,
doug

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I think the position would best be described statesman or friend of the court. The rules allow amicus curiae only from the state, US or a territory without leave of the court and consent of all parties.

The district is all one municipal jurisdiction. This is formed in the same Act - the Judiciary Act of 1789 - where the districts are formed fictional overlay upon the land. In 1790, the districts were included in the obligations of the US. [Like money.]

So by Denver - I meant to your nearest evidence repository - US District Court. For multiple R4Cs from different States I would advise you to keep your one evidence repository in the State District where you have most of your stuff - where you abide. Sometimes a small municipality in Colorado (Cripple Creek) will contract out to a billing agency in California for parking tickets. The R4C works quite effectively by sending the Presentment R4C to the California address; the Agent of the Principal. But service to the agent is service to the principal and vice versa.



Regards,

David Merrill.

The libel of Review link in the first post on this thread is broken, just thought you should know.

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Originally Posted by froze25

The libel of Review link in the first post on this thread is broken, just thought you should know.

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I can confirm this and add that it is both links. can you re-upload them?

thanks

David Merrill wrote...

"That aside though, let's pretend you get a speeding ticket. You should already know better than to write Refusal for Cause across it in great big letters and hand the clipboard back to the officer (an executive officer Goes Postal?). [However, when a suitor did one time the R4C was immediately in force, the officer returned ten minutes later with an identical presentment where he filled in "Refused" on the signature line and walked up to a few feet of the minivan driver window, sprinted forward and stuffed the Defendant's Copy of the Citation in, then ran back to his car.]"

David, I am confused regarding the bolded quote. Is the preferred procedure to wait until AFTER 'returning home' to write the R4C on the ticket; or should this be done DURING the traffic stop when the LEO hands you the clipboard for your signature? Or does it not matter as long as it is sent to the chief of police later (within 3 days).

Refusing for Cause to the police officer, especially if you have a witness is very effective. But it can be frightening to the police officer. It is not wise to frighten men with guns.

In the above instance the officer insisted that the suitor return his copy of the R4C! He was about to take it by force so the suitor gave it back and forfeited his written evidence. The officer wrote up a second ticket, afresh, and wrote Refused in the signature line! Then he darted up to the partially open window and stuffed it in, then ran back to his squad car. The suitor became confused and instead of R4C to the chief of police, reacted. He was so surprised the way the officer stuffed and ran that he pushed it back out of the window and then drove off.

A few minutes later several officers from both counties captured the suitor at gunpoint and made sure he got the ticket! But they put him in jail first.

Where I live a young native just out of school working as a mechanic was taking a car he was working on for a test ride when a cop stopped him and gave him a ticket. (can't remember for what)

The kid was choked so when the cop gave him the ticket to sign he saw a broken red pen beside him.
He rubbed the red ink on his thumb and placed his print on the signature line on the cops copy of course.
The cop looked at him puzzled and then went to his cop car for a few minutes.

The cop came back and gave the young man the ticket without saying a word and jumped back into his car and left.
The young man didn't know it at the time but when he looked at the ticket the cop gave him the whole ticket with all copy's including the front page of it which is the original filling charge.

I was a young man I couldn't resist
Started thinking it over just what I'd missed
Got me a check and non-endorsed it there & then

felt so good yeah well I did it again
Now I got 7 tax-free years of my own
Got another on the way that makes eleven
Say what you will I'm in constant Heaven

Quote:

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Originally Posted by David Merrill

Refusing for Cause to the police officer, especially if you have a witness is very effective. But it can be frightening to the police officer. It is not wise to frighten men with guns.

In the above instance the officer insisted that the suitor return his copy of the R4C! He was about to take it by force so the suitor gave it back and forfeited his written evidence. The officer wrote up a second ticket, afresh, and wrote Refused in the signature line! Then he darted up to the partially open window and stuffed it in, then ran back to his squad car. The suitor became confused and instead of R4C to the chief of police, reacted. He was so surprised the way the officer stuffed and ran that he pushed it back out of the window and then drove off.

A few minutes later several officers from both counties captured the suitor at gunpoint and made sure he got the ticket! But they put him in jail first.

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Revenue collection racketeering?