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| Famed academic Cornel West is arrested in Ferguson, MO |
Alabama law that is more than 100 years old says a warrant should be properly signed and executed. In my case, courtroom evidence shows there was no warrant at all.
My encounter with a rogue cop happened inside my own home. I don't think I even had a speeding ticket on my record when an Alabama deputy named Chris Blevins entered my home without showing a warrant, stating he had a warrant, or that he intended to arrest me--and then proceeded to knock me down three times and spray me in the face with Mace.
What crime had I allegedly committed. None. An Alabama judge claimed I was in contempt of court, even though I had filed court papers showing I had not been lawfully served with papers in a lawsuit. That meant the court had no jurisdiction over me, and Officer Blevins had no grounds to be in my garage.
What about that case that dates back more than 100 years? It's from 1903 and is styled Oates v. Bullock, 136 Ala. 537, 33 So. 835. Oates is so old that we can't find the full case on the Web. But the gist of Oates can be found in a case styled Kelley v. State, 316 So. 2d 233 (1975), which is more or less from the modern era.
Kelley was about a search warrant, but the text makes it clear that the finding applies to arrest warrants--in fact, the Kelley opinion was based largely on a finding in Oates regarding an arrest warrant. Here is the key section from Kelley:
Often rules relating to arrest warrants parallel those applying to searches and vice versa. Significantly unsigned arrest warrants have been held void. Oates v. Bullock, 136 Ala. 537, 33 So. 835 (warrant utterly void).
Returning to matters at hand, the Kelley court then stated the following about the search warrant before it:
Since the search warrant was not signed by the municipal judge, it is our opinion that it was void on its face and any search and seizure made thereunder was unauthorized and illegal.
If an arrest in 1903 was illegal because of an unsigned arrest warrant, it seems clear that a 2013 arrest would be illegal when courtroom evidence shows there was no warrant at all.
What can we learn from all of this? I would submit that all Americans should pay attention to events in Ferguson, Missouri. You never know when you might be victimized by a thuggish cop--and it could happen inside your own home.
11 comments:
I can't even imagine a cop barging into my house and doing what this guy did to you. I hope you find a good civil-rights lawyer somewhere.
During a period of time my (allegedly) dead son's body lay in storage in Cobb County, Georgia, I was in the midst of a very nasty divorce from a Norfolk Southern railroad executive. Incredible as it may seem, records show the Georgia funeral had been held while the body was still being stored somewhere around Baldwin County, Alabama - the scene of the alleged "suicide."
That one week that I could have identified my son's body in Cobb County, I was falsely accused, arrested, placed in two Georgia jails and then when I was able to make CASH BAIL - because bondsmen weren't answering the phones, I was swiftly court ordered to a state hospital for 72 hours observation and detained nearly a week. The day I was released my son's body was (supposedly) shipped from Georgia to Virginia for burial.
The police officers and jailers were rude, the one who had shackled and handcuffed me had a grin on his face. I wondered how much he had been paid. The nurses at Central State Hospital threatened me with injection when I refused to take their pills. After contacting the state advocacy office in Georgia I was swiftly released. The trick to being in those places–– and getting out–– is taking enough cash money with you for phone calls and/or bail.
Two lawyers told me there was too much money against me to ever get the truth about my son or to find any form of justice.
In Georgia, in a period of less than two years I had more than 40 brushes with "the law" including courts, arrests, jails, etc., and the trouble followed me where I was stalked in Kentucky by police. Before my divorce I had one speeding ticket, 10 miles over, late for my son's dentist appointment. I have never been afraid of terrorists. American corruption scares me to death.
I have posted documents proving the true story, sound proof that these incredible events did, in fact happen in the U.S.A.–– the self-proclaimed champion of the world for Civil Rights.
Everything I ever believed in regarding America and the American Dream and America's dedication to Civil Rights and "Justice for All" no longer exists.
Fifteen years later, I am still shocked that these things could ever have occurred, and that not one authority nor politician with the power to investigate was even interested.
Hats off to you, Roger Shuler. I wish I could say you won't be living in shock 15 years from now, but I suspect what has been done to you is something you will never be able to forget.
For one reason or another, they silenced you and they silenced me with intimidation and coercion tactics. They use the jails and legal tactics to get what they want. They have good lawyers, I suppose - far better than the ones I could afford–– Better than that, they have high-level connections that make the strings easier to pull.
I will take to my grave the sorrow for the loss of my very musically gifted and talented son, who was known in Buckhead for his musical abilities, and looking forward to his personal musical future; of my personal losses of credibility, of happy moments I should have had with my children instead of reminding them of the nighmarish situation we were all forced to live.
More disturbing than anything is the fear I have knowing children and grandchildren are living in a country unwilling to investigate and correct its internal corruption, where as two lawyers have advised, money is the ruling factor in the justice system in this case.
Even if I were mentally ill, shouldn't I have had the same rights as any "normal" person? What happens to the truly mentally ill? If I were mentally ill, was my signature on any divorce or legal document even legal?
I'll never get over what they got away with, but hopefully I've made enough noise that the same dirty tricks won't as easily be pulled on anyone else.
We do what we can do, and it's all we can do.
comment on other posted:
Little by little, God is revealing everything that is hidden. He will reveal all of the dark places fully. I will continue to watch Him work and unfold all of this wickedness
Yes, there is only so much of the imbalance which is manufactured for eons, and then the consciousnesses of all decide!
INFINITE FATHER I thank Thee that Thou hearest my prayer, I thank Thee that Thou hearest me always, I thank Thee that Thou hast already given me all that my heart can wish for - all that my life may need, for the time that is and the eternity that is to be, and now with supreme joy and unspeakable thanksgiving I come to Thee to receive Thy gifts and receive from Thy loving hands the divine blessings that Thou hast from all eternity treasured for me,
"The Hidden Secret", Christian (Last Name)? How to GROW FAITH
GOD bless this blog and all those that come to the blog, we must especially demand the lost souls find their forgiveness within!
"thuggishess" in America is alive and well in Jacksonville, Florida also.
Marissa Alexander, the Mom who fired a warning shot into the air, and sentenced to 20 years in jail, is once again being put through a trial. When her previous conviction was over turned on appeal, the Republican prosecutor, offered her a deal. Plead, guilt, take a 3 yr sentence. If you don't we will re-try you and we will go for a 60 yr sentence. Nice going there Republicans. Ever so "thuggish".
Its o.k. for cops to kill black children. Its O.K. for a white man to kill a young black child and claim, stand your ground; but if a black woman, fires a warning shot into the air to defend herself against a man who threatened her bodily harm, well that's a 20 yrs sentence. Have the audacity to win an appeal, they go for a 60 yr sentence.
More women have been killed in domestic violence since 911 than those killed in 911 and the Iraq, Afghan wars. Over 10K.
For more details check the Daily Kos. So yes, "thuggishness" prevails in American police forces and in the prosecutors's offices across the land of the home, the free, and the brave.
At the rate things are going, the U.S.A. will have as many women killed by men as any middle eastern country, such as Afghanistan. American politicians purport to want to "free" and provide democracy for women in these countries. American women at home, not so much.
"thuggishness" is such an appropriate word. Police officers have a difficult job to do. It is made even more difficult by those who engage in "thuggish" behaviour and then receive the support of their supervisors, politicians, and prosecutors.
Michelle, I don't know you in our 'flesh', however we all have connected now - all that know the truth -- inevitable because we are after all the same species.
Republicans take back America and not one of these politicians are talking about how to serve the American people.
Democrats have been absolutely silent in the time of knowing that they, too, raped America with the 9-1-1 Agenda, and of course the Agendas of Globalism lots: Green, 21, XI Pipeline, NAFTA, NATO, and name a BIG Transnational Corporation not allowed to cause Constitutional Crises.
What are we to do?
I'm not divulging my name here, for reasons Michelle really understands - I was invited to be part of the Zionists beginning the real heist, 1980s. Savings and Loan criminal hostile land grabs and of course the changing of the digital without a clue, very early - 1980s set a stage.
1990s, Dot Com, and here we are the New World Order from Rockefeller who has actually been one of the Captains of the Corporate Power Structure.
Counterfeit money has been running America and with 300 million awakening to the SUICIDE (that is what this is actually called, a Civilization Suicide), the terror is on alright.
The "World Zionists" have lots of different names. Human beings have gotten very ill and the sickness was the experimentation.
Bush family opened the gate wide, however, the American experimentation began with Genocide of the Indians.
That is our foundation of why the owners' of counterfeiting decide to do whatever is decided.
What to do. I've lost more than I can begin to talk about because the truth for me is so unreal, I am in the prayer without ceasing because the talk inside my mind and soul is at the end of my courage prayer rope.
Faith Prayer, Infinite Father I thank thee,
the best mind-spirit/soul balm for the agony of what all I've seen and certainly NOW, indeed I can't say other than I am a lost walking in earth's hard time. America is to me a ghetto of Zombies that are paid to be jailing and/or worse to their own species because they have been intentionally chemically lobotomized. There isn't an experiment not done on humans and earth is waking to what is this?!
Thank you Michelle for your telling how the reality is, here in the USA.
I am very afraid of what and where this darkness is going.
I go to pray without ceasing: INFINITEFATHER
ithanktheethatthouhearestmyprayer
ithanktheethatthouhearestmealways
ithanktheethatthouhastalreadygivenme
allthatmyheartcanwishfor
allthatmylifemayneed
forthetimethatis
andtheeternitythatistobe
andnowwithsupremejoy
andunspeakablethanksgiving
icometothee
toreceivethygifts
andreceivefromthylovinghands
thedivineblessings
thatthouhastfromalleternity
treasuredforme
The first week after being jailed again, I began the prayer non-stop. The Consciousness of our humanity? Looking at the country and the horror of what we are sold as reality, when the reality is the true horror of horrors is very real.
Our children are not safe, no amount of "money" in America protects the children in reality.
Consumers and Consumerism. The owners' of the counterfeit money figured out how to make drug addicts in essence, using consumption as the drug of choice. Wherever we are there we consume the machine's drugs.
The Matrix movie wake-up call.
Hell is real here for the majority and the minority are cannibals eating their victims that "Congress" keeps in each little fascist state of communistic US America.
I've been a "whistleblower" and the killing fields in Cambodia? How sad so many came to America as immigrants cause this factory of flesh trading (blacks, et al), is exactly that. Africans were taken from their continent and placed in the USA and to this day the blacks are not considered other than black slaves, too.
America is land of slave trading.
Thanks again Schnauzer AND YOUR BLOG IS BEING MADE HARD TO GET TO!
Be very-very careful.
Charlie Chaplin's classy classic wife when they left to be safe in Europe, from fascist America, came back over to get their money.
She had a very fine mink coat tailored and wearing the coat into America, got to the bank where their money was - before "sanctions" applied, and
she sewed into the coat their millions in thousand dollar bills, returning to Europe.
Yes, money has been the power tool that the controllers of the western economies use to "herd" their "stock".
That is what the society of America is to the power brokers, and the Government USA is an archaic model that has been blackmailed and worse - drugged beyond any real capability to think much anymore.
DCommodity of economics for a global control that has to now share with China, Russia, and that is causing the western power brokers to be more criminally insane than what was done to the Chaplin family. Too sad we're not as rich as the Chaplin family, all Americans deserve to be compensated.
The Clinton Foundation’s problems of accounting for its money are legion. Although it has been taking in about a quarter of a billion dollars per annum, it overspent its income in 2007 by $11.1 million; in 2008 the overspend was $13.8 million. In 2013 BBB, the American philanthropy watchdog, warned public donors that the Clinton operation failed to meet the required standard for public accountability and independent supervision; make that avoidance of conflict of interest, since most of the foundation’s staff have also been involved in the presidential campaigning of Mrs Clinton.
The foundation claims to operate a New York City headquarters at 1271 Avenue of the Americas, according to the website; 55 West 125th Street, according to the telephone answering machine. Its press department is headed by Valerie Alexander, who ran the press operation for Mrs Clinton’s abortive presidential campaign in 2007; the organization identifies her deputy as Betsy Feuerstein. Neither answers the telephone; both refuse to answer email requests for clarification of the $13 million in receipts from Pinchuk. On February 12, a New York newspaper claimed the total was “roughly $13.1 million”, but failed to cite a source. The reporter, who did not check Pinchuk’s financial reports and court claim records, refused to answer questions. The newspaper reported a statement in support of Pinchuk by Aslund and the Peterson Institute without identification of more than a million dollars Pinchuk has paid the two of them.
http://johnhelmer.net/?p=10248
Thank you e.a.f., Anon and everyone for your kindness. I will always believe my son was abducted and his Baldwin County, Alabama "suicide" was fraudulent and a poorly investigated crime and identification. The body autopsied did not match my son's body.
His disappearance and reported death was very similar to the death of Amy Frink of Brunswick, NC and also much like George Erick James who disappeared in Evergreen, Alabama two weeks before my son in 1998. George has never been found.
Amy Frink was a part of our story in that my son had been her summer friend while we vacationed there. He had been with her two weeks before she was announced dead. A year after her reported death another of my son's girlfriends tragically died–– Anna Kennedy of Charlotte Latin School. I'm sure he confided to her about Amy because his heart was broken.
I had tried to help solve Amy Frink's murder months before my son disappeared in 1998. Our lives have been an ongoing nightmare with death after death after death since I tried to "do the right thing" and help law enforcement solve the Frink murder.
I tried to contact former Sheriff Ronald Hewett (Brunswick, NC) to discuss this whole situation with him last July, 2014, because he had been literally destroyed and sent to prison as sheriff in 2008. His imprisonment appeared staged and was suspicious. I had tipped his office off about the Frink murder in 1998. He never returned my call last July and two weeks later he was dead - tased to death in the New Hanover Co., NC jail.
Mine isn't just a nasty divorce case. My lawyer said "they" have my son somewhere and have told him if he tries to contact me or his siblings we will be killed. My lawyer also said in the presence of a P.I. that they together believed my husband murdered our son. Then, instead of going to police, he advised me NOT to go to police and to pay him and the P.I. $2500.00 to get more information from Alabama. It's in writing and a copy of his letter is at my blog.
I pinch myself every day to be sure I'm not dreaming. Had my Dad and uncles (all military) been alive when all these things were done they would have formed an army.
As it was the THUGS and BULLIES and TERRORISTS I was up against knew there were no men left alive who could help me. And they also made sure I was virtually alone.
I have written to numerous politicians, Troy King, David Whetstone; my information was sent to Eric Holder's office. In Georgia the Attorney General and Governor were aware, the district attorney Pat Head in Cobb County. In Kentucky where I live the AG was made aware and many others.
The only politician who tried to help was Senator Paul Coverdell of Georgia who wrote to local Cobb County authorities about my false arrests. A year later he was dead of a brain hemorrhage.
The horror continues 15 years later.
http://sniffenfiles.blogspot.com/2013/10/the-disappearance.html
Feel free to visit and see all the files, Baldwin County Alabama police records, Cobb & Coweta County police records, and everything else there.
I am trying to find the truth about my missing son and I want to protect the children I have left. We have lived with this fear long enough.
THANK YOU ROGER SHULER FOR ALLOWING THE TRUTH TO BE TOLD AT YOUR BLOG! THANK YOU ROGER SHULER FOR ALL YOU HAVE ENDURED FOR THE SAKE OF TRUTH and the FIRST AMENDMENT!
“Bought journalists”, who are they?
“We’re talking about puppets on a string, journalists who write or say whatever their masters tell them to say or write. If you see how the mainstream media is reporting about the Ukraine conflict and if you know what’s really going on, you get the picture. The masters in the background are pushing for war with Russia and western journalists are putting on their helmets.”
http://www.globalresearch.ca/how-the-cia-infiltrated-germanys-mainstream-media/5408833
The author argues that the loss of trust between the power elite and the majority of the American people is one of the leading factors influencing US foreign policy. Together with the totally discredited US Congress, only 9 per cent have a positive view of the Congress, and the public’s rejection of President Obama’s militarist approach are important factors that hindered the US empire’s determination for new wars. Despite this war-weariness, the war-mongering US Congress in close cooperation with the Zionist lobby pushes for a military confrontation with Iran, even though the negotiations between Iran and the five UN Security Council members plus Germany are heading in the right direction.
Although the geopolitical analysis of James Petras’ newest book is convincing in many aspects, his focus on the Zionist Power Configuration and a subservient US Congress does not show the whole picture of US imperial interests. The domestic power configurations are more complex. For the political class of the United States, it would be a damning indictment, if Israel or its stakeholders would be the sole power brokers in terms of US foreign policy.
Whether the 21st century will be an American one, has to be seen, although, according to Petras, “there is no alternative imperial or modern anti-imperial tendency on the immediate horizon”. Right now, the US makes more enemies than friends. Its new adventurism in Syria and Iraq may turn out to be even more disastrous for the US than the war in Afghanistan and Iraq. Petras’ book gives the readers an insight in the making of US foreign policy, which appears multifarious and determined by a power struggle between different elites.
http://www.globalresearch.ca/the-politics-of-empire-the-us-israel-and-the-middle-east/5408836
Michelle contact Karen Hudes, she has an ARMY and yes, the military of yesterday isn't the mercenaries that have taken hold of USA. Brain-dead, brain-zombies, Big Pharma and the pouring of chemicals into every force-element that is a necessity to breathe-live.
Contact the Karen Hudes LAW FIRM, and you are diligent so due process law at the highest level.
Best, a soul sister
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