Is a name, an appellation property?
Is a name property ??
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Originally posted by shikamaru View PostIs a name, an appellation property?
Where did you put those two words together?
Appellation definition.
Last edited by David Merrill; 05-15-12, 12:24 AM.
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That is interesting all right.
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Originally posted by David Merrill View PostThat is interesting all right.
I wonder if the demand is for the record and not the name so much?
The name is merely the keyword.
The policy enforcement officer is demanding your assistance in managing his principal's records.
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Originally posted by shikamaru View PostI want to get down to the theory of why a person detained on the street "must" identify themselves to law enforcement.
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Originally posted by David Merrill View PostI believe the basis of being detained on the street is probable cause.
Their SCOTUS has pronounced that all one is required to give an officer who has probable cause is "a name". Notice it is singular "a" name. The officer will then press for "full name" or "last name" or "date of birth" but there is no legal requirement for anything but "a" name.
Without probable cause, there is no requirement for anyone to even utter a word nor provide any information to a cop during a "field interview". Nor is there any requirement for anyone to have a legal name or last name.
Several times when I was an officer, I attempted to talk to persons in the street and the smart ones simply walked away from me, which was fine, since if I had PC, I usually just placed them under arrest without trying to bait them into a conversation to get it.
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Originally posted by David Merrill View PostI believe the basis of being detained on the street is probable cause.
Probable cause is the criteria for an arrest.
The provision of a name upon inquiry by a policy enforcement officer is something different.
Detention is civil arrest.
An apprehension is criminal arrest.Last edited by shikamaru; 05-17-12, 10:34 PM.
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Originally posted by shikamaru View PostReasonable suspicion is the reason for detention.
Probable cause is the criteria for an arrest.
The provision of a name upon inquiry by a policy enforcement officer is something different.
Detention is civil arrest.
An apprehension is criminal arrest.
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Originally posted by David Merrill View PostThank you for clarifying that!
In the vast majority of cases, if an officer can articulate a reason for whatever he/she does or has done, it is supported by the department, that is how I was trained and I know it is the same today.
My point is, standing face to face with an armed and usually ignorant policy officer is NOT the time nor place to be discussing the finer points of legal terms. Give them a name if requested. You have done everything required of you, proceed then according to your own knowledge and skill from there.
As for the main question of this thread, it is pretty clear to me, they consider a legal name (all CAPS) their property.
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Originally posted by martin earl View PostI can assure you, there is no difference in the terms at street level. If an officer uses any force or threatens force to stop you, it is an arrest, try resisting a 'civil detention' and you will be charged with 'resisting arrest' or 'aggravated assault on a police officer', the officer on the scene has nearly total discretion in such matters.
In the vast majority of cases, if an officer can articulate a reason for whatever he/she does or has done, it is supported by the department, that is how I was trained and I know it is the same today.
My point is, standing face to face with an armed and usually ignorant policy officer is NOT the time nor place to be discussing the finer points of legal terms. Give them a name if requested. You have done everything required of you, proceed then according to your own knowledge and skill from there.
As for the main question of this thread, it is pretty clear to me, they consider a legal name (all CAPS) their property.
Provide the True Name, in my case it is Anthony Joseph, and no other information whatsoever.
"I do not understand the legal nature of your questions or requests."
"I am absent your claimed jurisdiction."
"I am absent your claimed controversy."
If they present you with a "Commercial Instrument", do not argue; you have 72 hours to timely and honorably exercise your inherent right of refusal to contract. Form and keep the proper and lawful record of your refusal. Be sure to send copies of your lawful clerical process to the clerk of court where the "Commercial Instrument" will be entered as a "case".
Page 4 and page 9 of the attached file shows the result of my latest encounter. I was impeded on the right of ways by a county deputy sheriff. I was presented a commercial instrument claiming "DRIVER NOT BELTED". I refused for cause timely, also furnishing the attached MEMORANDUM (page 4), and sent this evidence to my evidence repository (LoR case jacket) in the US District Court near my area. Page 9 shows the result - NO ACTION WILL BE TAKEN AT THIS TIME.Attached Files
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Originally posted by Anthony Joseph View PostThey may consider a legal name (all CAPS) their property until they are properly informed that the FIRST MIDDLE LAST has been redeemed and claimed by the proper heir (True Name) as a landed estate of inheritance.
Provide the True Name, in my case it is Anthony Joseph, and no other information whatsoever.
"I do not understand the legal nature of your questions or requests."
"I am absent your claimed jurisdiction."
"I am absent your claimed controversy."
If they present you with a "Commercial Instrument", do not argue; you have 72 hours to timely and honorably exercise your inherent right of refusal to contract. Form and keep the proper and lawful record of your refusal. Be sure to send copies of your lawful clerical process to the clerk of court where the "Commercial Instrument" will be entered as a "case".
[ATTACH=CONFIG]836[/ATTACH]
Page 4 and page 9 of the attached file shows the result of my latest encounter. I was impeded on the right of ways by a county deputy sheriff. I was presented a commercial instrument claiming "DRIVER NOT BELTED". I refused for cause timely, also furnishing the attached MEMORANDUM (page 4), and sent this evidence to my evidence repository (LoR case jacket) in the US District Court near my area. Page 9 shows the result - NO ACTION WILL BE TAKEN AT THIS TIME.
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