Court (Arrest Warrents - Due Process Requires Article III Warrent)

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The key takeaways from the text are that an Article III arrest warrant must meet certain requirements to be valid, such as naming the accused and containing an affidavit stating first-hand facts of a capital crime. An unlawful arrest without a valid warrant can result in charges like assault, battery, and trespass. Lastly, the text argues that there are no true judicial courts in America and that executive administrators enforce statutes and codes instead of judges.

The text states that a valid arrest warrant must be signed by a sitting judge, name the accused, contain an affidavit under oath stating first-hand facts of a capital crime, offer the warrant and affidavit for inspection, and not involve handcuffs except under certain conditions.

The text mentions that unlawful arrest can be charged as assault, battery, and trespass under the law of piracy. It also states there is no immunity in a false arrest case and good faith is not a valid defense for a defective warrant.

Court (Arrest Warrants – Due

Process Requires Article III Warrant)


23 Friday DEC 2011
POSTED BY EOWYNDBH IN UNCATEGORIZED

Tags
Article III warrants, Executive Administrators, judicial courts in America, Notice and Caveat, sovereign documents,
sovereignty

(For Austin)

*NOTICE

AND CAVEAT*

For an Article III warrant to issue: the warrant must be signed with a wet blue
ink signature by a sitting judge who must have currently taken a constitutional
oath of office which is on file and produce certified proof of a valid bond to
indemnify the party to be taken into custody. (Forms of administrative procedural
warrants will not be accepted.)

1. WHEREAS, a warrant must specifically name the party in his or her proper
given birth name and the capital crime alleged to have been committed;
2. Must contain an affidavit executed (under oath) by the accuser, stating FIRST
HAND facts which constitute a capital crime causing loss or damage to a named
party;

3. Must name the party to be arrested, or describe him or her sufficiently to


establish identity;

4. Must offer the warrant and the affidavit for inspection upon request;

5. No handcuffs;

“. . . a constable cannot justify handcuffing a prisoner unless he has attempted to


escape, or unless it be necessary in order to prevent his doing so.” 51 L.R.A. 216;
“The handcuffing was utterly unlawful.” Osborn v. Veitch1 Foster & Fin Eng. Rep
317.

6. Must immediately take the arrested party before a magistrate when demanded,
and hold the party for no other purpose (no photographs, no fingerprinting);

You are responsible for everything that occurs to the arrested party, even if you
should relinquish custody to an assign;

Unlawful arrest is assault, battery & trespass and may be charged under the law of
Piracy;

There is no immunity in a false arrest case;

Good faith is not a defense to sustain false arrest under a defective and wanting
warrant.

Lastly . . . Should the warrant state as cause to issue, a mere civil/statutory


infraction or “offense” which fails to rise to the level of a capital crime, then the
arrest is in violation of Article III “Due Process”. . . Be apprised, I do not by
accommodation, accept any offer of arrest for any for profit private copyright
statutory omission. The statute must define a capital crime and thereby probable
cause must exist to issue a warrant based upon said probable cause as noted by
the damaged party or his agent acting in his personal capacity.

WITH RESERVATION OF ALL RIGHTS WITHOUT PREJUDICE


UCC 1 -308

(Blog Master’s Note: And you must ‘insist’ on an Article III Court. From Austin in an e-mail from
the past):
There are no Judicial courts in America and there has not been since 1789. Judges
do not enforce Statutes and Codes. Executive Administrators enforce Statutes and
Codes and thereby, there have not been any Judges in America since 1789. There
FRC V. General Electric Co.,
have just been Administrators. (
Keller V. Potomac Elec. Power Co. 1Stat. 138-178)

RELATED
ARREST (Is Presumed to be False) In "arrest"
Birth Certificates and Remedies In "affidavit of abatement"
Allocution (Declaration of Absolute Rights and Refusal to Except Sentence) In
"allocution"

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