Lesson 2 THE ARREST

Don't try to get tickets to test this process; drive the best you can. The
rules are good cause for orderly traffic flow, but are not law in the
respect which are meant to be broken for good cause. In other words,
you drive on the wrong side of the road to pass, or it is acceptable to
speed to pass, so you can clear the lane. This is the reason they are
called “Rules of the Road”, even in the code.

Please do not use this process for inherently evil crimes or drunk
driving cases because it will be abuse of the process and will surely
cause its demise in the long run as well as yours. Use it responsibly as
it is a powerful, plain, speedy and effective remedy at law. I have had
one fellow that abused it and ended up much worse off than if he had
never used it. Remember the sword of justice cuts both ways, which
means it can be a powerful tool for you and against you, so bottom line
is be responsible.

I use Washington code herein because I am most familiar with it,

because I must use some code and because to list all the state codes
would take untold volumes of paper and time. Please be familiar with
your own state codes, court rules, and cases so that you can properly
help yourself and others. For your own occasional use, it may be
impractical to make a detailed study of your state codes but you
should be at least familiar with the court rules and a few code
provisions to adequately defend, even though the papers are largely
generic to the extent you can use most of the material without much
reference to your codes or court cases. The more you know, the better
you will be able to put together some good motions to dismiss and the
more the merrier is my motto.

Traffic Stop Is An Arrest

The Court reasoned that, although the stop was unquestionably a

seizure within the meaning of the Fourth Amendment, such
traffic stops typically are brief, unlike a prolonged station house
interrogation. Second, the Court emphasized that traffic stops
commonly occur in the "public view," in an atmosphere far "less
`police dominated' than that surrounding the kinds of
interrogation at issue in Miranda itself." Berkemer v. McCarty,
468 U.S. 420438-439.

While playing word games the court distinguishes the traffic stop like
the Terry stop which assumes probable cause to detain you for
questioning and to issue process against you. The Terry being a

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walking stop and the traffic stop usually a moving stop. So, how many
times do you find “arrest” in the following Washingtoon code?

RCW 46.64.015
Citation and notice to appear in court -- Issuance --
Contents --
Written promise -- Arrest -- Detention.
Whenever any person is arrested for any violation of the
traffic laws or regulations which is punishable as a misdemeanor
or by imposition of a fine, the arresting officer may serve upon
him or her a traffic citation and notice to appear in court. Such
citation
and notice shall conform to the requirements of RCW 46.64.010,
and in addition, shall include spaces for the name and address of
the person arrested, the license number of the vehicle involved,
the driver's license number of such person, if any, the offense or
violation charged, the time and place where such person shall
appear in court, and a place where the person arrested may
sign. Such spaces shall be filled with the appropriate information
by the
arresting officer. The arrested person, in order to secure
release,
and when permitted by the arresting officer, must give his or
her
written promise to appear in court as required by the citation and
notice by signing in the appropriate place the written or
electronic
citation and notice served by the arresting officer, and if the
arrested person is a nonresident of the state, shall also post a
bond, cash security, or bail as required under RCW 46.64.035. An
officer may not serve or issue any traffic citation or notice for
any offense or violation except either when the offense or
violation
is committed in his or her presence or when a person may be
arrested pursuant to RCW 10.31.100, as now or hereafter
amended. The detention arising from an arrest under this
section may not be for a period of time longer than is reasonably
necessary to issue and serve a citation and notice, except that
the time limitation does not apply under any of the following
circumstances:

(1) Where the arrested person refuses to sign a

written promise to appear in court as required by the citation and
notice provisions of this section;

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 (2) Where the arresting officer has probable cause to
believe that the arrested person has committed any of the
offenses
enumerated in RCW 10.31.100(3), as now or hereafter amended;

(3) When the arrested person is a nonresident and is

being detained for a hearing under RCW 46.64.035.

[2004 c 43 § 5; 1987 c 345 § 2; 1985 c 303 § 11; 1979

ex.s. c 28 § 2; 1975-'76 2nd ex.s. c 95 § 2; 1975 c 56 § 1; 1967 c
32 § 70; 1961 c 12 §46.64.015 . Prior: 1951 c 175 § 1.]
NOTES:
Effective date -- 2004 c 43: See note following RCW
7.80.150.

If you said arrest or some form of the word appears 16 times, you are
probably right and as such there should be no doubt that the law
defines the traffic stop as an arrest and subsequently a seizure in all
respects. The real test if you ask if you are free to go and the officer
will say, “No”. If you ask him if you are under arrest he will say, “No”
as well. Don’t do this however unless you want the stop to drag out
and the officer to become suspicious that you might be savvy to the
law.
To him and the court it is not an arrest, they think real arrest is
custodial arrest which is a constructive flaw in law. But is not a
restriction of your liberty an arrest no matter where or when it occurs?
This is one constrictive flaw in law which you can exploit as you will
see, later when we talk about trial.

Notice also it calls the ticket a “Citation and Notice”, but the actual
name on the paper ticket in this case is “Washington Uniform Court
Docket” which explicit term is found nowhere in a digital search of the
code.

State v. Stortroen, 53 Wn.App. at 659 n.5. It noted that RCW

10.31.100(3) provides that an officer "shall have the authority to
arrest" a person for offenses such as driving with a revoked license. It
contrasted this language with that in the preceding subsection, RCW
10.31.100(2), which states that a police officer "shall arrest and take
into custody" an individual who has committed some act of domestic
violence. The court felt that such a difference in language could not be
inadvertent. Therefore it concluded that RCW 10.31.100(3) did not
authorize custodial arrests. ...Although RCW 10.31.100 may use the
word "arrest" in a generic fashion, RCW 46.64.015 ANSWERS THE
SEPARATE QUESTION OF WHAT FORM A TRAFFIC ARREST MUST TAKE.
It provides that the detention arising from such an arrest must

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generally be no longer than "reasonably necessary to issue and serve a
citation and notice". RCW 46.64.015.

Requirements, License and Registration.

Here is the part of the code which defines who must have a driver’s
license. Notice all you have to do is declare you are a “resident” to get
a license. They make it really easy for you. Now, just what does
welfare have to do with the license? You might want to ask yourself if
you intend to live or be located on (in) state property.

RCW 46.20.021
New residents.
(3) For the purposes of obtaining a valid driver's license, a
resident is a person who manifests an intent to live or be located
in this state on more than a temporary or transient basis.
Evidence of residency includes but is not limited to:

(a) Becoming a registered voter in this state; or

(b) Receiving benefits under one of the Washington public

assistance programs; or

(c) Declaring residency for the purpose of obtaining a state

license or tuition fees at resident rates.

(4)(a) "Washington public assistance programs" means public

assistance programs that receive more than fifty percent of the
combined costs of benefits and administration from state
funds.

(b) "Washington public assistance programs" does not include:

(i) The Food Stamp program under the federal Food Stamp
Act of 1964;

(ii) Programs under the Child Nutrition Act of 1966, 42 U.S.C.

Secs. 1771 through 1788;

(iii) Temporary Assistance for Needy Families; and

(iv) Any other program that does not meet the criteria of (a)
of this subsection.

Now, don’t you only want to be transient to state property? Notice you
can participate in Federal Programs run by the State with impunity as

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far as liability for license. However and unfortunately, most of the
state has fallen for this ambiguous code and lulled into thinking they
are required to obtain a license because they are residents.

Who is a resident? When I was a dependent of an Air Force Major

Officer, I was instructed to answer the phone with: “Clyde Hyde’s
Residence, Clyde Jr. speaking”. This was not our permanent home, it
did not belong to us, it was military housing on Federal Soil. It was a
temporary home and we were residents, just like the Governor is
resident, when he lives in the Governor’s mansion during his term of
office.

The term is used to describe everyone today no matter why or where

they live or who they are. This is a misleading and abused term to
bring you under domination of that government who claims everything
within the outer limits of the state. You are absolutely not a resident
unless you live on state owned property. While this is a point of fact
and law, it is difficult to establish that fact and law in arguments,
because the term is used both as a term of art and term of law in the
same breath.

Terms of art and terms of law are very confusing till you understand
the concept and usage. Often it helps to diagram a legal sentence to
discover the true meaning so if you were sleeping in English lessons,
you are definitely at a handicap when working with law. Some terms
are used as descriptive terms and some as nouns and you need to
know the difference. Terms of art are usually common terms, thus
abroad an American Citizen may be called a national as a descriptive
term but can not be a lawful “National” as a noun. US Nationals come
only from unincorporated territories of the US (Samoa) and states have
Citizens.

Legislative finding and purpose -- 1990 c 232: "The legislature

recognizes the extraordinary value of the vehicle title and
registration records for law enforcement and commerce
within the state.

There are only two Constitutional justifications for registration which

are law enforcement and commerce. You are engaged in commerce if
you drive a vehicle with goods belonging to someone else for profit.
Any other application is a scam revenue enhancement scheme. It is no
different in the interstate commerce Federal jurisdiction realm and
similarly abused as shown in the famous Lopez and Jones cases.

As we know to transport your self and your goods upon the dedicated
Rights of Way is inherently a basic right and not a privilege which can

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be licensed. Commercial use of the highways, are licensable activities
because that is a secondary purpose and a privilege. The highways
are called RIGHTS of Way because they are used by right or upon
license for privilege use, however our law has been covertly perverted.

RCW 46.04.405
Person.
"Person" includes every natural person, firm,
copartnership, corporation, association, or organization.

RCW 9A.04.110
Definitions.
(17) "Person", "he", and "actor" include any natural person and,
where relevant, a corporation, joint stock association, or an
unincorporated association;

Compare the definition of “Person” in the criminal code (9A) and the
traffic code (46), then ask, why is it different? Remember there are
inherently evil crimes, “mala in se” and those which are prohibited,
Malum Prohibitum and herein lies the reason for the difference as “he”
is applied to Men. It is to misguide the unwary to think “natural
person” is different from the artificial entities listed. Why couldn’t they
say, here “Man, Woman, Child, he, or actor? The last two terms appear
in the definition of person in the criminal code, actor of course being
the artificial entity or the people behind the mask of incorporation.

RCW 46.63.010
Legislative intent.
It is the legislative intent in the adoption of this chapter in
decriminalizing certain traffic offenses to promote the public
safety and welfare on public highways and to facilitate the
implementation of a uniform and expeditious system for the
disposition of traffic infractions.
[1979 ex.s. c 136 § 1.]

In some states the traffic offenses are criminal and in others it is civil
so it is up to Man or Woman to know the intent of their state as to
whether it is civil or criminal. Most states have decriminalized the
traffic tickets and offenses.

Severability -- 1983 c 200: "If any provision of this act or

its application to any person or circumstance is held invalid, the
remainder of the act or the application of the provision to other
persons or circumstances is not affected."

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The severability clause is the most obnoxious of all code because it
makes the code bullet proof, as every person and circumstances
makes an attack on it, virtually impossible. It would take a suit by all
People and under all circumstances to defeat it which is a practical
impossibility.

Terms and Their Meanings

If you don’t know what a term means, look it up in a law dictionary or

even in a normal home dictionary which often defines words where the
meaning differs in law and medicine as well as other disciplines.

It would be wise to invest in a good Law Dictionary but in a pinch, you

will find online dictionaries on the net. To find them, just do a search
for “Law Dictionary Online”, then if you like the page, mark it as a
favorite, so you don’t have search again. The web can be a good
reference source but you have to be really careful quoting sources
from the net as some cases are condensed, usually by design omit and
misquote parts.

The best Dictionaries are those which cite relatively recent cases and
landmark Supreme court cases for reference. Barron,s Law
Dictionary by Steven M. Grifis, a second source is a must and this one
is compact sized and priced right. Don’t pass up used book stores for
old editions of Law Dictionaries at a fraction of the price of the new
volumes.

Although there is a story about Black’s Law Dictionary starting out

as a poking joke at the legal system, today it is used by the Supreme
court, comes in paper back editions and is reasonable in price. Older
volumes are premium because of the changes in the definitions over
time which often give expanded meaning to the words and show the
evolution of the definition with changes in society. A used Second
Edition is a prize worth finding and having.

In the law library often you will find a series called “Words and
Phrases” which will give you many case cites for special words and
phrases and is valuable for collecting cases on certain terms and
further research. Having a small law library of your own is desirable,
especially if you want to do more than just your own cases.

Administrative Trial At Your Car

RCW 46.63.060
Notice of traffic infraction -- Determination final unless contested
-- Form.

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 (1) A notice of traffic infraction represents a determination that
an infraction has been committed. The determination will be
final unless contested as provided in this chapter.

If you had any doubts about where the actual trial is held, this should
dispel those doubts. This is where the scam revenue scheme starts
and falls on its face. To Contest is to Appeal the determination of the
officer. To pay it admits a default.

What you say at the stop to the officer will be noted by him, so it is
imperative that you be really careful what you say. My wife was
shocked that I talked my way out of two speeding tickets in the same
day, one on the way into Olympia and one on the way home because I
understood this concept. Never admit to anything and deny any
infraction since we know we are not subject to that strict liability
statute code.

There are two extremes which are fatal mistakes that some People
make at the scene of the arrest (stop). The first is to make statements
about your guilt and the second is to argue with the officer or use
abusive language or gestures. You should find some middle ground
and be really careful what you say and how you say it. First, you don’t
want to tip him off about how much you know and second you want to
maintain some control over the situation. If there is any doubt it is
better to keep your mouth shut and only answer his questions without
admitting guilt and proclaiming your innocence.

There are also several approaches each with its drawbacks and each
with its positive attributes. Which you choose, should be determined
by your knowledge of the law and you willingness to take a chance on
offending the cop. You may just allow the stop to be casual and non
threatening, but you may want to challenge the stop with some
questions of your own. If it is a bad day for the officer and he is itching
for a fight, it might be well to back off if you denote any antagonism.

You could for instance, start with:

A clear concise statement such as:

As a Superior Sovereign Man (Woman) I refuse to join in

this cause because I exercise my immunity not to be sued
in my own courts. Let this be your only statement if you are
timid or unsure of yourself for it is sufficient with TDC following a
signature such as sloppy written “U R Fraud”. Never use your
real signature.

Lesson 2 The Arrest Page 8 of 14

 (I have used this signature for delivery of certified and
registered mail for instance) I would use it in any
adversarial instrument.

And/or

Why did you arrest me? His reply will likely be, “I didn’t arrest
you”.
“Am I free to go?” Reply: “No”
“Then I am indeed under arrest, right?” Reply: “No, but you can
go as soon as we finish this business”.

Right here, you have made the record that this officer doesn’t know
what he is doing because arrest is mentioned 16 times in the code
definition of the stop or arrest. This makes him look really bad.

“What was your probable cause for the arrest?” His reply will
probably tell you why he stopped you.

It is important to establish this reason for the stop quickly so he can’t

later claim he stopped you for something he didn’t see, like no license,
registration, insurance, etc. If he should leave out the primary offense,
then it appears he had no justifiable reason to stop you.

In any event you will likely get the citation. At this point you might
ask:

Exactly where in the code do you get your authority to issue a

“Washington Uniform Court Docket” or whatever the form is
labeled, usually in the margin. Be prepared to write down his
answer but he will not know the code and will likely tell you it is
just the code.

Remember, I told you to always carry pen and paper to make notes on.
This is the time to be recording and/or making notes of everything that
is said and done.

Make extensive notes, where, when, weather, witnesses, observations,

land marks, traffic, names, badge numbers, license plate of the police
car, gun on cop, demeanor, talk and other details as if you were
preparing for hearing which could happen.

This is the time to start writing down questions that come to mind or
questions you should ask the cop if the case goes to trial. Even if it
seems insignificant write it down and decide later on the significance
of the question.

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When the cop comes back with the ticket and asks you to sign it you
have several options, again each with consequences. You can sign the
ticket with your name followed by TDC for threat, duress and coercion,
like it was part of the name. You can ask:

Do you have a crystal ball that you can consult to let me know
that I will be alive and well such that I could make a promise that
I don’t know I can keep? He is going to tell you to just sign the
ticket or he may threaten you with custodial arrest if you don’t.

It is good when you make them threaten you because you have
lawfully established the fraud, threat, duress and coercion. Then you
can either sign it under TDC or not sign it. You might want to ask the
cop what he will do if you don’t sign it.

Signature is defined in law as meant to ratify the created instrument so

it is important to sign it in such a way that it is obvious that you don’t
ratify it. Signing “U R Fraud TDC” is more than ample to make that
point. You call the officer to the stand and ask him to read the
signature, can you imagine his shock when he reads “U R Fraud”?
Then you ask him, “Does that signature match the name on the
ticket”? “Let the record show that this ticket was issued to U R Fraud
whoever that is and there is a personal jurisdiction issue on the ticket
as well as other issues.” When he sees you sign it as you would your
own signature, he likely won’t look close at the signature as not one
has yet questioned mine.

If you don’t sign the ticket, you better know the law for sure. In
Washingtoon the case is Port Orchard v. Tilton, 77 Wash. App. 178
(1995) that you have no duty to sign a “Washington Uniform Court
Docket” because the code says literally "Acknowledgment of
Receipt of Notice of Infraction" which is not the promise to appear
or notice of infraction.

RCW 46.61.021
Duty to obey law enforcement officer -- Authority of officer.
(3) Any person requested to identify himself or herself to a
law enforcement officer pursuant to an investigation of a traffic
infraction has a duty to identify himself or herself, give his or
her current address, and sign an acknowledgement of receipt
of the notice of infraction.

RCW 9A.60.030
Obtaining a signature by deception or duress.
(1) A person is guilty of obtaining a signature by deception or

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 duress if by deception or duress and with intent to defraud or
deprive he causes another person to sign or execute a written
instrument.

(2) Obtaining a signature by deception or duress is a class C

felony.

If you do not sign the ticket, be prepared for a free ride as the cops
don’t know the meaning of, “acknowledgement of receipt” and they
could care less. However, if you want a wrongful arrest and
imprisonment suit, this is a good way to get it. You will likely find out
what “custodial arrest” is but it will be false unless the Tilton case has
been overturned which it can’t be without modification of the code.

Now, you should be getting a real feel for the fraud built into the code
by the deceit of the legislature. What the code says and what happens
in practice are like night and day. It is important to know at least some
of the code before the traffic stop and after you will want to look up the
specific elements of the complaint against you.

For instance, I was stopped for a defective tail light at night in the city.
Because I was involved in fighting traffic tickets, I looked up the code
for tail light requirements before the stop to see if the car complied
with the code. The code says you need two lights which can be seen
for 1000 feet at night. I had four tail lights and only one was defective
so it complied with the code.

At the stop, I asked the officer to show me the law because I knew
upfront what it said and she said she would. What she showed me was
her cheat sheet that said merely, Tail lights $35. I told her to show me
the law book law and asked her if she carried it with her and she said
no. I warned her that I had read it and that what she was enforcing
was not the code or law. I told her to go back to the office and read
what the code said. She warned me that if she ever caught me with
that defect, that I would be ticketed. It was no use to argue with her,
she had her mind made up that the car had to be to factory specs.

I continued to drive with the lens off the tail light and the bulb removed
and she stopped me in daylight conditions and ticketed me for it. Of
course tail lights aren’t required during the day. There was also at the
time an old warrant for my arrest for animals at large so she took me
to the jail. I am not going to continue with the story because it is long,
but the point I am making is that the cops don’t read and know the
code they enforce.

Criminal Traffic States

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If your state is one of those Criminal traffic states you either need to
reduce the traffic offense to elements of the crime or get a copy of the
“Patent Jury Instructions” for foundation of case “elements of the
crime”.

If the state has a modified form of defense this may not be necessary,
and generally is not. However this has no bearing on anything other
than the motions to dismiss, unless you go to trial and the court rules
specify introduction of jury instructions.

Be Prepared

Time the traffic stop and voice record it when able without being
obvious (wire your car and have a switch to start the recorder). Be
creative in how you do it ahead of time. Obviously it isn’t practical if
you are only stopped on the average of once every five years.

You might want to have on hand at least in Washington the Tilton

case and a copy of your declaration of status in case you want to
challenge the authority for custodial arrest for not signing a traffic
ticket. In any event think ahead before it happens just what you
intend to do and how you are going to handle the stop so you are
prepared when it happens.

There are limits to jurisdiction, for instance private property search

needs a warrant for lawful entry except by normal route (on unposted
ground) to the door of a dwelling or in plain sight of the party if
outside. A car is not much different, they can’t go through the car
without permission to search and you would be surprised how many
fools who shouldn’t, will allow permission to search. Technically, you
can’t be ticketed for rules of the road on private property even open to
the public. You need to be aware of your rights ahead of the
confrontation.

Code and court rules define the filing of the ticket in the court after
being issued to you. This filing of the ticket is timely probable cause
determination, without which they can't demand a payment, generally.
The civil infraction being decriminalized is found within the never-
never no Man’s land of civil and criminal but is declared civil for law
purposes, however still contains some criminal procedure and so in the
Washingtoon courts, they have to be filed within two court days or
specifically 48 hours of issuance. You would be surprised how many
don’t do it.

No Driver’s License Cases

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If you are one of those rare cases that haven’t run right down to DMV,
proclaimed your residency and procured a driver’s license, then you
have another choice after getting a ticket. No matter if it is criminal or
infraction, you can choose not to appear as you have no duty and
nothing to loose. Make them come and get you, which they might or
might not do. They will usually hope to pick you up at a traffic stop. If
you are a careful driver, you might go well past the statute of
limitations before they catch you which is another motion to dismiss. It
is usually one year for infractions and misdemeanors.

In one criminal case, I waited them out on a warrant then got the
warrant quashed on a letter to the judge (see stilz.txt in L.zip). Later
another warrant was issued by another stupid judge and I let it ride
because I was hoping they would come and get me as the law was
clearly not criminal. I waited till well past the statute of limitations
(one year for misdemeanor) and was thereafter arrested and
imprisoned for 6 hours.

I am not going into the disposition of that case except to say I easily
won it without even getting to the plea part and it was dismissed for
failure to prosecute and failure to charge a crime. The main point is
just because you are summonsed doesn’t mean you necessary should
run down and put yourself on the chopping block. It is their duty to
come and give you a taxi ride to the court and they will likely not make
it easy for you.

It is much easier to just do the paperwork and make an appearance, if

you want a controlled contest. My waiting made it impossible for them
to try me without coming up with a gross misdemeanor because of the
statute of limitation and the fact they couldn’t toll it because I wasn’t
hiding out, but going to work everyday as I always did. You need to
know you do have this option and don’t have to make it easy for them.

What they have been doing to try to overcome this limitation of their
law, is to issue you a license file and then suspend the license to make
the infraction a crime. This however is blatantly unconstitutional
because it is like an obvious fraud to impress something upon you
against your will. This cheap trick you need to be aware of if you
deface and send your license back to them.

Next Lesson is: Administrative Review of Acts of the Officer

This lesson will cover your “contesting” the ticket and how you should
prepare your paperwork. It will teach you how to file the paper and
serve the prosecuting attorney.

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It will also cover special situations and some logical solutions for them.

The lesson will cover the first paper which you can send with the ticket,
the “Refusal for Fraud”.

A good homework assignment here is to cross reference your code to

the ones demonstrated in this lesson 2, to see how yours compare.
This can be done by word search in your code.

Note: If the use of “Washingtoon” on this paper bothered you, it is

intentional that I used that word, as its administration is literally
“Loony”.

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