False Reporting and Interfering with an Arvada, CO Police Officer
The content below was shared by Charlie via CopBlock.org/Submit. After giving a text recount of his experiences with Mr. Valdez, employed at Valdez Police Department, Charlie seeks your input on how he could best proceed.
Date of Incident: August 27th
Individual Response: Officer Valdez
Outfit: Arvada (CO) Police Department
Phone: (720) 898-6900
After being given a ticket for a Noise Violation on May 4th, I took my case to trial because I was absolutely not guilty. I represented myself in a court of law, and proved to the judge that I was not the host of the party in question, nor was I responsible for the volume of noise. I won my case and was acquitted of the initial charge.
Lets back up. On the night of May 4th I was at a small party when the police arrived for a noise complaint. The party was the size of a large BarBQue, but the noise was understandably loud. Being confident with the law I chose to answer the door for the homeowner and speak with the police.
Editors Note: Those active with Copwatch of East Atlanta recommend that you never answer the front door of another person’s property if/when police employees arrive.
Upon opening the door Officer Valdez demanded entrance into the property. Calmly, I asked the officer if he had a warrant or any probable cause for me to allow him entrance into the property. He explained that he was there for a noise complaint, and I asked him if that was a sufficient reason to demand entrance into a private residence? At this point he said that everyone who was in the back yard needs to come back into the home. To which I said “We have already brought the guests back into the property” Then he demanded that I turn down the music, to which I replied “The music has been turned down.”
My short responses, which yielded nothing for the Officer, provoked and challenged the Officers authority. To which he explained to his partner, “Look at this Youtube sensation, thinking he knows more than the police. Give me your ID.”
I immediately gave the officer my ID and he issued me a citation. The problem for the Officer was that this was not my home, nor was I responsible for the noise violation. Given no other option than court, I represented myself successfully and was acquitted. I must also add, throughout the entire trial Officer Valdez lied under oath on numerous occasions in an attempt to find me guilty of my charges.
Unfortunately, because I won my case against the officer, this created even greater animosity. Officer Valdez then held me after court to issue me two new citations for False Reporting and Interfering with a Police officer.
It is my opinion that this is an absolute display of police harassment and intimidation. I am interested in opinions on how to proceed? The officer will certainly make the claim that I presented myself as the homeowner and because it has been proven that I am not the homeowner, that I misled the police aka. False Reported. He will also make the claim that because I demanded a warrant/probable cause to enter into the property, while it wasn’t my home, also demonstrates that I interfered with a police officer.
For these reasons the officer may have a case. Does anyone know of any precedent where someone was allowed to represent the rights of others? Does anyone have any opinions for what I should do? I am particularly interested in legal precedent.
I have not filed a complaint against the officer yet because I believe that the complaint will impact my ability to plea for a deferred judgment on the charges, but I absolutely plan on doing so if I have to go to trial/after I have been sentenced. Additionally, I am entertaining the idea of contacting the ASPCA for the harassment factor from this police officer.
It appears completely unreasonable to have two additional charges given to me out of spite for winning my first charge.
Any help or opinions would be greatly appreciated.
Charlie
[email protected]
Known Colorado-Based Police Accountability Groups
- Colorado Springs Cop Block – Twitter
- CopBlock Colorado – Facebook
- Denver Cop Block – Facebook
- Rangely Cop Block – website / Facebook / Twitter / YouTube / [email protected]
- West Colorado Cop Block – website / Twitter
- West Denver Cop Watch – website / (720) 369-2741 / [email protected]
False Reporting and Interfering with an Arvada, CO Police Officer is a post from Cop Block – Badges Don’t Grant Extra Rights
Source: http://www.copblock.org/72140/false-reporting-and-interfering-with-an-arvada-colorado-police-officer/
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A few simple questions will put this to rest.
Judge, I am not an attorney and do not speak the foreign language of law nor do I understand it. So to clarify a few things I have ask some questions so that I can ascertain the true nature and cause of this action.
The judge will at a certain point “once he figures out where you are going with your questions” tell you to get a lawyer.. but keep on point! remind him that all you need are a few factually truthful answers to proceed OR EVEN ENTER A PLEA! Remind him that you are NOT refusing to enter a plea, but you need these questions answered first! HE WILL RESIST ANSWERING IF HE CAN, he will bully you, he will threaten you, he will do anything but admit that THEY DON’T HAVE JURISDICTION!!!
We ask the following questions to put the judge in a box and get his answers on the record! ie TRAP HIM!
1) judge, am I a party to the “state or federal” CONstitution? “if he isn’t a moron” he has to answer, NO!
Padelford, Fay & Co., vs. Mayor and Aldermen of the City of Savannah 14 Ga. 438, 520
“But, indeed, no private person has a right to complain, by suit in court, on the ground of a breach of the Constitution. The Constitution it is true, is a compact, but he is not a party to it.”
2) judge, am I presumed innocent of all elements of the charges? he has to answer, YES!
3) judge, Since jurisdiction is an integral element of the charges, am I not also presumed innocent of jurisdiction? he has to answer, YES! he won’t like this question!!
If he hasn’t figured out where you are going by now, ask the following! If he is resisting at this point, go to question 10.
4) judge, will you be abandoning justice here today? he has to answer, NO!
5) judge, will i be receiving a fair trial here today? he has to answer, YES!
6) judge, will you be withholding evidence of any kind from me here today? he has to answer, NO!
7) judge, will this court adhere “be bound by” to appeals court and supreme court decisions?? he has to answer, YES!
8) judge, is it your position that because I am physically within “name of state” that the constitution and laws/codes/statutes apply to me? the judge will always answer, YES!
9) judge, do you presume jurisdiction over everyone that appears before you?? He will always answer, YES! HOWEVER According to their own rules, his presumption of jurisdiction is a due process violation!
Supreme court; Vlandis v. Kline, 412 US 441 – irreversible and irrebuttable statutory presumption is a due process violation.
10) judge, has the prosecutor entered factual evidence that irrefutably proves that just because I am physically within “name of state” that the constitution and law/statutes/code apply to me?? yes or no? This is where the judge will become noticeably uncomfortable and at times become completely unglued and rage at you!!
The judge will often refer to the tickets/citations as proof of jurisdiction and will probably wave the ticket at you! HOWEVER;
A complaint is not evidence.
U.S. v. BAILEY 696 F.3d 794 (2012) United States Court of Appeals, Ninth Circuit. Argued and Submitted April 12, 2012.
a complaint is merely an accusation of conduct and not, of course, proof that the conduct alleged occurred.
All a complaint establishes is knowledge of what a plaintiff claims. It does not establish the truth of either the facts asserted in the complaint, or of the law asserted in the complaint.
ALWAYS get in questions, 1, 2, 3, 7, 8 and 10 IF YOU CAN.. but question 1, and 10 will suffice if the judge is insane and most are! INSIST ON QUESTION 1 and 10!! Then DEMAND TO BE SHOWN THE EVIDENCE THAT THE LAW APPLIES TO YOU!!
They cannot prove that their constitution and laws/statutes/codes apply to you, simply because you are physically within the exterior boundaries ascribed to the private for profit corporate fiction commonly referred to as a state!
Factually, a state is a PRIVATE FOR PROFIT CORPORATE FICTION! <this applies to all states!
This is where we demand that the PROSECUTOR produce the FACTUAL evidence that PROVES that the CONstitution and laws apply to you because you are physically in the state!
Remember; You are not a party to the CONstitution and someone who is not a party to something cannot be bound to obey it or obligated to it or it's laws!
DEMAND THE FACTUAL EVIDENCE BE SHOWN TO YOU !! fyi they can't show it to you because IT DOES NOT EXIST!
WHEN THEY CANNOT AND WILL NOT SHOW IT TO YOU, THE FOLLOWING CASE APPLIES!
The Clara, 102 U.S. 200 (1880)
the maxim applies, quod non apparet non est. The fact not appearing is presumed not to exist.”
United States v. Dial, the deliberate concealment of material information in a setting of fiduciary obligation.
A public official is a fiduciary toward the public, including, in the case of a judge, and if he deliberately conceals material information from them, he is guilty of fraud.
Where there is no jurisdiction over the subject matter, there is, as well, no discretion to ignore that lack of jurisdiction. [John J. Joyce v. United States of America, 474 F.2d 215, 219
"The law requires proof of jurisdiction to appear on the record of the administrative agency and all administrative proceedings."
Hagans v. Lavine, 415 U. S. 533
Oh, I almost forgot, they will try to LIE TO YOU!
They’ll tell you that the law applies because the law says so, but that is only circular reasoning and DOES NOT PROVE THAT IT APPLIES TO YOU!
If the judge tells you that it’s settled law, that is a LIE! it is not settled law, JURISDICTION MUST BE PROVEN BY THE PROSECUTION ON THE RECORD!!
The judge may also use this time tested LIE.. he’ll try to challenge you to prove that the constitution/law DOESN’T apply to you.. but you must remember the one bringing the charge is the one that must prove that the law applies!! the onus is on the prosecution!! the judge will bend over backwards to defend the prosecution “THINK BIAS AT THIS POINT” and yes ALL JUDGES WILL BE BIASED IN FAVOR OF THE PROSECUTION!!
KEEP ON POINT!! SHOW ME THE MONEY!! WHERE IS THE PHYSICAL FACTUAL EVIDENCE THAT IRREFUTABLY PROVES THAT THE LAWS APPLY TO ME!!
The judge and or prosecutor will probably try and say that your drivers license constitutes and grants the court jurisdiction!
They’ll also claim that because you are a resident that, that grants them jurisdiction!
We only have a license under threat, duress and coercion and fear of assault and battery at the hands of the boys in blue, who don’t know anything but VIOLENCE!
As to residence, please tell me precisely how a flesh and blood being can exist within the pages of a private for profit corporate fiction! do you live in a book?? I didn’t think so!