Deborah touches on two of the most important privacy stories of the month. First, the Ninth Circuit Court of Appeals appalling ruling. Police in Oregon, in the dead of night, entered the driveway (i.e., private property) of a person they suspected of marijuana cultivation and attached a GPS transmitter to the underside of his car parked and tracked him afterwards. The Ninth said this was permissible since children could also walk on to the driveway. [NOTE: In how many ways is this asinine? (1) Two wrongs do not make a right. (2) Children are not adults with a full understanding of property rights. (3) Children are not being paid huge salaries to OBEY the law. (4) Children are not placing GPS devices on someone’s vehicle, tracking them, and using this information to lock that person into a cage. (5) And so on.] Randy notes that GPS needs to be attached to the underside of judges’ cars. Eddie suggests that judges need attach to the underside of cars.
Deborah then mentions the story about backscatter (porno) machines being driven down city streets to scan people’s vehicles (and probably homes). She raises the point that these machines have a frequency that places fully under the auspices of the FCC. The backscatter-porno machines may not be used outdoors or near open window. She urges airline travelers to send her pictures of TSA porno machines in airports close to windows, as that is illegal too. The FCC can use their own regulations to bring criminal charges against these perverts. Later in the show [at 1hr06m] Deborah tells of late-breaking news from an e-mail she received: the FCC has just issued new regulations about backscatter-porno machines at 47 CFR Part 15 Section 510 (i.e., 47 CFR § 15.510). These new regulations state that only state and local law enforcement, emergency, and fire official may use the machines indoors. Federal employees are disallowed.
Randy and Eddie get into one of their classic debates, this time concerning the Texas laws using the phrase “breach of the peace”. Too good to miss.
Anthony, of warrantless-police-busting-into-his-garage-fame, calls in to update us that the court records are empty for his “case”. Randy and Anthony clarify that there was no examination hearing. (Listen to ROL shows dated 20100809 [at 1hr46m] and 20100806 [at 3hr23m20m] for a more complete account of Anthony’s situation.) A dismissal seems to be in the works for Anthony at his September 10th examination hearing-free “arraignment”. Randy suggests the filing of many criminal complaints against the judge and prosecutor, some being felonies.
Eddie discusses a bizarre year-old traffic case in which a client in Texas was summoned under false pretenses to meet with the judge and prosecutor. The judge walked out. The prosecutor admitted that there was no complaint in the court record. Unfortunately the client failed to move for dismal for lack of a complaint. Needless to say, an “information” did not exist either.
The show ends with a long conversation about surreptitious vaccinations by hospital employees upon young children, and even new born babies, out of their parents’ sight and against their parents’ explicit wishes. Our ROL hosts agree that criminal charges need to be filed against criminals.
Deborah discusses case in 9th Circuit Court of Appeals about warrant-less monitoring of location via GPS affixed to a car to track the car. Says there is no reasonable expectation of privacy when car is parked in your driveway. Deborah quotes Time Magazine article about DEA placing tracking device on alleged marijuana grower’s vehicle. Dissenting opinion mentioned “cultural elitism” because rich people have garages and privacy fences.
Court of Appeals for District of Columbia found tracking devices do require a warrant. Issue will likely go to Supreme Court.
Randy suggests we track judge’s cars. Says this goes to an expectation of privacy and no barrier, so people can put stakes in ground and tie string 6″ off ground to make a barrier. Stretch a rubber band across driveway to make a barrier. Install a “no trespassing” sign.
Deborah says 9th Circuit Court has reduced definition of barrier.
Eddie says courts are just removing all hindrances to government trespass of privacy.
Randy says a backlash is building and everyone is awakening.
Deborah discusses TSA naked body scans and roving xray vans. Suggests this is an FCC violation to use those frequencies outdoors. There also can not be a window near the machines (TSA airports). Deborah wants listeners to photograph naked body scan machines with visible windows, to prepare to file a FCC complaint. Says Title 47 allows FCC to regulate and license intrastate point-to-point transmissions. Intrastate broadcasting to general public intrastate can not be regulated by FCC.
Deborah says Austin 90.1 transmission has improved due to better location. Deborah is not associated with 90.1 micro-broadcasting. There is a trust renting tower space to protect 90.1 and the tower owner. Deborah is doing para legal work for radio station 90.1. Locals listening to 90.1 can submit a letter and be part of the trust. Trust beneficiaries will have standing as co-plaintiffs if a lawsuit is needed. Says court has a way out because of procedural violations, but it could go to trial. If trial is needed, funds will be needed to fight. FCC has not granted licenses in seven years, and low power licenses are only granted to non-profit educational organizations. Buying existing radio station would cost at least $50 million. Appellate court filing fees are $450, state filing fee is $250. There are also costs for certified mail and service.
32:37
Eddie provides update on listener who has case. 28.01 Criminal Procedure, does not allow summons for meeting with a prosecutor. Listener entered memorandum of law about procedural violations. Criminal complaint also missing, and prosecutor agreed.
When summoned to court to enter plea and there was no complaint in the folder, the person should have demanded immediate dismissal to prosecute and lack of subject matter jurisdiction (no complaint, no controversy). There was also no “information” in the folder.
In Texas, a traffic citation is not a valid complaint.
Be aware of them not following procedure.
Eddie says prosecutor and judge should have criminal complaints. There are causes of action. After filing criminal complaints, there will be conflict of interest and bias.
Eddie asks if, when they went beyond boundaries of job and therefore vacated their office, are they still acting as a public servant?
Randy says if you could invalidate prosecutor with a criminal accusation, then every prosecutor would have these filed.
Eddie suggests because they moved for prosecution without valid complaint it merits: bar grievance, judicial complaint against judge, criminal charges for impersonating public servant, abuse of official capacity, official oppression, official misconduct, aggravated perjury for police office. Randy agrees and wonders how to get to prosecuting attorney since it has not yet been prosecuted and is currently just an accusation.
46:30
Eddie discusses Texas public intoxication. Texas penal code 49.02, subsection A. “Intoxicated to degree person may endanger self or others”. Not just intoxication, but so intoxicated to be endangering. Definition in code of “public place”. They need to prove:
a) intoxication
b) in “public place”
c) immediate danger to self or others
Police usually arrests when charging with public intoxication. Typically don’t offer proof of endangering.
There is a specific definition for “breach of the peace” as defined in statute.
Deborah, Randy, and Eddie debate if “against peace and dignity of state” is arrest-able and if it is breaching the peace. Randy says since statute has not been ruled unconstitutional, it still has force and effect.
65:15
Deborah says listener Karl of “KBX radio” email alerts her to FCC requirement on August 24 for TSA x-ray machines. Says it must be operated by law enforcement or emergency medical and rescue organizations under authority of state or local government. Therefore federal TSA (not police) is violating FCC requirement.
FCC 15.510. Deborah sees no exemptions for “windows rule”. Can not be in view of window nor outdoors.
68:05
Eddie brought up issue and quotes Black’s Law definition of “against the peace”.
70:43
Anthony in Texas.
Upcoming court date concerning minors in garage. There was no case file in court record.
Caller tried to get court file again from “court attorney” “executive legal secretary” who said investigator still has file.
Randy goes through due process: if arrested and brought before judicial officer and released on bail there must have been an examining trial (else 17.05 would not have allowed bail to be set). Since there was bail, presume there was examining trial. Who held examining trial and why was caller not there in open court to have opportunity to raise objections? All papers should be certified and sealed in envelope and forwarded to clerk.
Since clerk doesn’t have it, the proceedings were likely not certified. This implies tampering with government document committed by judge (a felony in Texas). They committed official oppression.
Deborah asks if they rescheduled by mail. Caller says “executive legal secretary” has him calling in to check if they have file. Deborah says next time just go to court and if they don’t have file/prosecutor then move to dismiss.
Eddie says if court orders you to show up, then you must show up. When they invoke that authority they must be ready to prosecute. If they can’t prosecute, then move for dismissal.
Randy says there are other motions for improper procedure. Criminal charges against magistrate/jailers/police.
83:32
Pat from West Texas.
Says DHS and Border Patrol has mobile backscatter xray vans. Seems to violate FCC 15.510 rules.
Deborah says she can provide assistance with FCC code if caller wants to investigate.
Caller tells Randy that previous caller without file could consider 1871 KKK Act about violation of rights.
88:10
Brian from Minnesota.
Has listened to archives. Discovering his sovereign abilities. Police pulled him over for speeding. Caller provided ID and papers. Caller says he did not respond to any questions for officer. They searched his car and accused him of having narcotics. Went to court for speeding ticket and lost.
Deborah tells caller to write chronological narrative of everything that happened and to look at due process laws of Minnesota.
Randy suggests reading code of criminal procedure to find everything they did wrong.
Eddie suggests looking in penal code for “tampering with government document”.
Caller says next time he will file criminal complaints. He has copies of police report and police video. Is going to “conciliation court” against police and prosecutor on “punitive damages” charge.
Eddie says possible criminal conspiracy because police report does not match police video.
Put video on youtube to protect it and to get their attention. Do not wait until end of court appearances, do it now.
Eddie says there is no requirement to answer at a traffic stop. Can not be made to give evidence that may incriminate you. If question is not relevant, say “objection relevance”.
Eddie says criminal charges against police for falsifying criminal charges, conspiracy, etc. Randy says it is citizen’s duty to report crimes and to do it now. Deborah says to Submit criminal complaint with statement of probably cause to District Attorney.
105:32
Shawn in Texas.
Doctors are vaccinating children in another room after parent has said no vaccinations. Deborah says parent should not allow child to be out of their control.
Caller asks about approach to pro-actively sue to damage doctor’s reputation.
Deborah and Eddie suggest criminal assault complaint along with administrative complaint with state medical board. Take photographs of puncture mark.
Randy suggests Constitutional approach of “corruption of blood”.
Deborah would have called 911 and police report. Ask for doctor to be arrested.
Deborah says if you are under 35 years old, your blood was taken upon birth at hospital and submitted to a government database.
116:31
Allen in Horseshoe Bay, Texas.
Arrested at house. Asked to see magistrate. Taken to jail and there was no magistrate. During booking process was punched in eye by officer and forcefully undressed. Jail staff took pictures of physical injury. Photographer gave a picture to defendant which was later found on him.
Deborah touches on two of the most important privacy stories of the month. First, the Ninth Circuit Court of Appeals appalling ruling. Police in Oregon, in the dead of night, entered the driveway (i.e., private property) of a person they suspected of marijuana cultivation and attached a GPS transmitter to the underside of his car parked and tracked him afterwards. The Ninth said this was permissible since children could also walk on to the driveway. [NOTE: In how many ways is this asinine? (1) Two wrongs do not make a right. (2) Children are not adults with a full understanding of property rights. (3) Children are not being paid huge salaries to OBEY the law. (4) Children are not placing GPS devices on someone’s vehicle, tracking them, and using this information to lock that person into a cage. (5) And so on.] Randy notes that GPS needs to be attached to the underside of judges’ cars. Eddie suggests that judges need attach to the underside of cars.
Deborah then mentions the story about backscatter (porno) machines being driven down city streets to scan people’s vehicles (and probably homes). She raises the point that these machines have a frequency that places fully under the auspices of the FCC. The backscatter-porno machines may not be used outdoors or near open window. She urges airline travelers to send her pictures of TSA porno machines in airports close to windows, as that is illegal too. The FCC can use their own regulations to bring criminal charges against these perverts. Later in the show [at 1hr06m] Deborah tells of late-breaking news from an e-mail she received: the FCC has just issued new regulations about backscatter-porno machines at 47 CFR Part 15 Section 510 (i.e., 47 CFR § 15.510). These new regulations state that only state and local law enforcement, emergency, and fire official may use the machines indoors. Federal employees are disallowed.
Randy and Eddie get into one of their classic debates, this time concerning the Texas laws using the phrase “breach of the peace”. Too good to miss.
Anthony, of warrantless-police-busting-into-his-garage-fame, calls in to update us that the court records are empty for his “case”. Randy and Anthony clarify that there was no examination hearing. (Listen to ROL shows dated 20100809 [at 1hr46m] and 20100806 [at 3hr23m20m] for a more complete account of Anthony’s situation.) A dismissal seems to be in the works for Anthony at his September 10th examination hearing-free “arraignment”. Randy suggests the filing of many criminal complaints against the judge and prosecutor, some being felonies.
Eddie discusses a bizarre year-old traffic case in which a client in Texas was summoned under false pretenses to meet with the judge and prosecutor. The judge walked out. The prosecutor admitted that there was no complaint in the court record. Unfortunately the client failed to move for dismal for lack of a complaint. Needless to say, an “information” did not exist either.
The show ends with a long conversation about surreptitious vaccinations by hospital employees upon young children, and even new born babies, out of their parents’ sight and against their parents’ explicit wishes. Our ROL hosts agree that criminal charges need to be filed against criminals.
HOUR 1 & 2
Deborah discusses case in 9th Circuit Court of Appeals about warrant-less monitoring of location via GPS affixed to a car to track the car. Says there is no reasonable expectation of privacy when car is parked in your driveway. Deborah quotes Time Magazine article about DEA placing tracking device on alleged marijuana grower’s vehicle. Dissenting opinion mentioned “cultural elitism” because rich people have garages and privacy fences.
Court of Appeals for District of Columbia found tracking devices do require a warrant. Issue will likely go to Supreme Court.
Randy suggests we track judge’s cars. Says this goes to an expectation of privacy and no barrier, so people can put stakes in ground and tie string 6″ off ground to make a barrier. Stretch a rubber band across driveway to make a barrier. Install a “no trespassing” sign.
Deborah says 9th Circuit Court has reduced definition of barrier.
Eddie says courts are just removing all hindrances to government trespass of privacy.
Randy says a backlash is building and everyone is awakening.
Deborah discusses TSA naked body scans and roving xray vans. Suggests this is an FCC violation to use those frequencies outdoors. There also can not be a window near the machines (TSA airports). Deborah wants listeners to photograph naked body scan machines with visible windows, to prepare to file a FCC complaint. Says Title 47 allows FCC to regulate and license intrastate point-to-point transmissions. Intrastate broadcasting to general public intrastate can not be regulated by FCC.
Deborah says Austin 90.1 transmission has improved due to better location. Deborah is not associated with 90.1 micro-broadcasting. There is a trust renting tower space to protect 90.1 and the tower owner. Deborah is doing para legal work for radio station 90.1. Locals listening to 90.1 can submit a letter and be part of the trust. Trust beneficiaries will have standing as co-plaintiffs if a lawsuit is needed. Says court has a way out because of procedural violations, but it could go to trial. If trial is needed, funds will be needed to fight. FCC has not granted licenses in seven years, and low power licenses are only granted to non-profit educational organizations. Buying existing radio station would cost at least $50 million. Appellate court filing fees are $450, state filing fee is $250. There are also costs for certified mail and service.
32:37
Eddie provides update on listener who has case. 28.01 Criminal Procedure, does not allow summons for meeting with a prosecutor. Listener entered memorandum of law about procedural violations. Criminal complaint also missing, and prosecutor agreed.
When summoned to court to enter plea and there was no complaint in the folder, the person should have demanded immediate dismissal to prosecute and lack of subject matter jurisdiction (no complaint, no controversy). There was also no “information” in the folder.
In Texas, a traffic citation is not a valid complaint.
Be aware of them not following procedure.
Eddie says prosecutor and judge should have criminal complaints. There are causes of action. After filing criminal complaints, there will be conflict of interest and bias.
Eddie asks if, when they went beyond boundaries of job and therefore vacated their office, are they still acting as a public servant?
Randy says if you could invalidate prosecutor with a criminal accusation, then every prosecutor would have these filed.
Eddie suggests because they moved for prosecution without valid complaint it merits: bar grievance, judicial complaint against judge, criminal charges for impersonating public servant, abuse of official capacity, official oppression, official misconduct, aggravated perjury for police office. Randy agrees and wonders how to get to prosecuting attorney since it has not yet been prosecuted and is currently just an accusation.
46:30
Eddie discusses Texas public intoxication. Texas penal code 49.02, subsection A. “Intoxicated to degree person may endanger self or others”. Not just intoxication, but so intoxicated to be endangering. Definition in code of “public place”. They need to prove:
a) intoxication
b) in “public place”
c) immediate danger to self or others
Police usually arrests when charging with public intoxication. Typically don’t offer proof of endangering.
There is a specific definition for “breach of the peace” as defined in statute.
Deborah, Randy, and Eddie debate if “against peace and dignity of state” is arrest-able and if it is breaching the peace. Randy says since statute has not been ruled unconstitutional, it still has force and effect.
65:15
Deborah says listener Karl of “KBX radio” email alerts her to FCC requirement on August 24 for TSA x-ray machines. Says it must be operated by law enforcement or emergency medical and rescue organizations under authority of state or local government. Therefore federal TSA (not police) is violating FCC requirement.
FCC 15.510. Deborah sees no exemptions for “windows rule”. Can not be in view of window nor outdoors.
68:05
Eddie brought up issue and quotes Black’s Law definition of “against the peace”.
70:43
Anthony in Texas.
Upcoming court date concerning minors in garage. There was no case file in court record.
Caller tried to get court file again from “court attorney” “executive legal secretary” who said investigator still has file.
Randy goes through due process: if arrested and brought before judicial officer and released on bail there must have been an examining trial (else 17.05 would not have allowed bail to be set). Since there was bail, presume there was examining trial. Who held examining trial and why was caller not there in open court to have opportunity to raise objections? All papers should be certified and sealed in envelope and forwarded to clerk.
Since clerk doesn’t have it, the proceedings were likely not certified. This implies tampering with government document committed by judge (a felony in Texas). They committed official oppression.
Deborah asks if they rescheduled by mail. Caller says “executive legal secretary” has him calling in to check if they have file. Deborah says next time just go to court and if they don’t have file/prosecutor then move to dismiss.
Eddie says if court orders you to show up, then you must show up. When they invoke that authority they must be ready to prosecute. If they can’t prosecute, then move for dismissal.
Randy says there are other motions for improper procedure. Criminal charges against magistrate/jailers/police.
83:32
Pat from West Texas.
Says DHS and Border Patrol has mobile backscatter xray vans. Seems to violate FCC 15.510 rules.
Deborah says she can provide assistance with FCC code if caller wants to investigate.
Caller tells Randy that previous caller without file could consider 1871 KKK Act about violation of rights.
88:10
Brian from Minnesota.
Has listened to archives. Discovering his sovereign abilities. Police pulled him over for speeding. Caller provided ID and papers. Caller says he did not respond to any questions for officer. They searched his car and accused him of having narcotics. Went to court for speeding ticket and lost.
Deborah tells caller to write chronological narrative of everything that happened and to look at due process laws of Minnesota.
Randy suggests reading code of criminal procedure to find everything they did wrong.
Eddie suggests looking in penal code for “tampering with government document”.
Caller says next time he will file criminal complaints. He has copies of police report and police video. Is going to “conciliation court” against police and prosecutor on “punitive damages” charge.
Eddie says possible criminal conspiracy because police report does not match police video.
Put video on youtube to protect it and to get their attention. Do not wait until end of court appearances, do it now.
Eddie says there is no requirement to answer at a traffic stop. Can not be made to give evidence that may incriminate you. If question is not relevant, say “objection relevance”.
Eddie says criminal charges against police for falsifying criminal charges, conspiracy, etc. Randy says it is citizen’s duty to report crimes and to do it now. Deborah says to Submit criminal complaint with statement of probably cause to District Attorney.
105:32
Shawn in Texas.
Doctors are vaccinating children in another room after parent has said no vaccinations. Deborah says parent should not allow child to be out of their control.
Caller asks about approach to pro-actively sue to damage doctor’s reputation.
Deborah and Eddie suggest criminal assault complaint along with administrative complaint with state medical board. Take photographs of puncture mark.
Randy suggests Constitutional approach of “corruption of blood”.
Deborah would have called 911 and police report. Ask for doctor to be arrested.
Deborah says if you are under 35 years old, your blood was taken upon birth at hospital and submitted to a government database.
116:31
Allen in Horseshoe Bay, Texas.
Arrested at house. Asked to see magistrate. Taken to jail and there was no magistrate. During booking process was punched in eye by officer and forcefully undressed. Jail staff took pictures of physical injury. Photographer gave a picture to defendant which was later found on him.