Guests Matthew Medina and John Bush discuss their arrests this past weekend for not following “orders” from the police. Hosts discuss legal strategies for defense of the bogus charges and how to go after the bad guys with a federal lawsuit.
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Medina arrested while photographing police. Police ‘ordered’ Medina to other side of road under Austin ordinance Art 4-9-4-51 ‘Compliance with order of officer req’d, obstruction of duty prohibited’. Police were posing for pics with drunk coeds.
Woody in Texas calls to recommend “Search for Just-us – Corruption in Williamson County, Texas” on YouTube.
Darryl in Oklahoma wants to know when exactly an officer must take you immediately before a magistrate. That is, where officers get the idea that a 48 hour delay is OK. Eddie explains that in Texas Trans Code 543.002(a) says person is to be taken immediately before magistrate under conditions given; refuse to sign notice to appear or if he demands such an appearance &c. Code of Criminal Procedure 1406 says ‘unnecessarily delay but no more than 48 hours’ and law enforcement believes this means they can wait 48 hours. Baloney. 1406 is a ‘general provision’. Applied to all arrests verbatim. Local provisions in Code that deal specifically with the matter controls over the general provision unless language to the contrary. Local provision in 543.002 says ‘immediately’ and takes precedence. Darryl wants to submit a 1983 federal suit. Eddie says tons of caselaw supports, and D should even file both fed and state.
Matthew Medina and John Bush, guests. YouTube, “John Bush and Matthew Medina Arrested for Not Complying With Unlawful Orders”.
Brought before the “Downtown Austin Community Court.” No one seems to know what that is. Eddie points out that if it is a judicial court then fine, but if it is a city court then it is an administrative court. Court must Notice 1 day in advance…but the undefined hearing is day after tomorrow! If Notice fails, then a Special Appearance MTD based on Failure to Provide Notice.
Eddie discovers that the ‘Community Court’ is a municipal court. Muni courts have no jurisdiction in criminal matter that require anything other than a fine. Cannot incarcerate, order community service &c. – which the ‘Community Court’ claims they can. Also, Eddie doubts it is a court of record, which cannot stand. Finally, check to see – by discovery if required – what statute the ordinance relies upon for its authority.
No criminal complaint seems to exist. Eddie advises to check court file tomorrow. Reese v State cited, which stated that Code of Criminal Procedure due process must be applied fully. When deprived of due process under CCP, case must be overturned. Parker v. State
Other issues. Declination of Plea preserves Special Appearance. Declination if Notice does not provide one day, because no knowledge of nature and cause. But successful defense is not enough.
Eddie explains all the parts of a Special Appearance and why it is so important.
No citation, no complaint. Why are we here? 1:36