Posted by DAvid on June 27, 1999 at 09:10:24:
In Reply to: Zoning Gestapo posted by Paul on June 27, 1999 at 05:51:51:
Paul
Get yer butt down the either the library or law
library and read the applicable codes yourself.
Lawyers are a bad investment as, working hourly,
there is no incentive for them to win your case for
you, ist there. You will most likely find that your
are being broqwbeaten and intimidated by a flippin'
Nazi who is working ouside of the written laws.
Under the first and fourth amendments, as additionall protected through the
ninth, tenth and fourteenth amendments, you have a
right to privacy which is inviolate by Gov't. In
order to come on your porperty they need either
"exigent circumstances" (life threatening, immediate
response needed) or a search or inspection warrant
signed by a judge stating the location, date, time
and what is to be inspected. These are tough to
get. Typically, the Nazi's just show up at your
property, tresspass, threaten and browbeat you
into submission then claim a "consentual search".
You will probably also find the N.I.Q. (Nazi in Question)
lacks the requisite jurisdiction to annoy you since
you are in the county rather than the city, as you
wrote, and he/she/it is pursuing a personal agenda.
Make he/she/it provide you a complete set of statute
authorities under which it is working aas well as an inspection
warrant on your next contact with it. Additionally,
you, as a citizen, have the power to arrest and detain
this creature for tresspass when it is on your property
without your consent or a warrant. There is federal case
law on this and it has been done numerous times in
the past. State law cannot violate federal Constitutional
law through the protection of the the 9th and 10th Amendments.
State laws which do are "void on their face" and subject the
N.I.Q. to civil and criminal Prosecution through the applications
of Title 18, U.S. Codes sections 242 (deprivation of rights under
color of authority) and 241 (felony conspiracy against rights)
and Title 42 U.S. Codes section 1983-1985 (civil damages for deprivation of rights).
It is incumbemt that we, as caretakers of history in our own way, learn these things.
Or rights are being nibbled away and most of the time it is our
own ignorance and laziness which is the culprit. I have battled and won against the
local Nazi's by simply standing in the laws and the Constitution on two occasions.
They have contacted me one time since, threatened me and, when I demanded that they
produce a warrant next time they showed up or face arrest, they just wrote the case off.
The conversation went as follows:
NAZI: "...we need to come inspect your vehicles and you need to show us that they run."
ME: "Fine. As a courtesy, I'll do so, but as a courtesy, you'll have to bring me and inspection warrant
signed by a judge with all the necessary information about me and my vehicles."
NAZI: "We can't do that! You know how hard it is to get one of those?"
ME: "That's not my problem. If you show up without one, you are trespassing and subject to arrest and prosencution under
state and federal laws." (gave code sections)
NAZI: "You say they run?"
ME: "I say they run"
NAZI: "That's good enough for me"
End of problem.
Hope that helps.
DAvid