Search This Blog

Saturday, July 11, 2020

Early Morning Shenanigans

A family was awakened at 2:30 in the morning on 7/11/2020, to a phone call from the local police telling them that there are officers at the front door. The woman of the house had to have them repeat this information three times before it registered in her sleep fogged brain.

When 'woman of the house' made the mistake of opening the front door and stepping out to talk to them she was informed by the officer; they were coming in the house to see that everyone is OK, and they don't need a search warrant.

Then the officer wanted to know who is in the house, and what they are doing. The resident cooperated far more than they should have. But like most people they grew up respecting the police and reluctantly answered their questions.

The officer threatened to use force when the woman told him no he can't enter the house, he took hold of her wrist and was trying to force her to his partner when the husband appeared in the kitchen door. The officer quickly let go of the womans wrist!

The problems with this encounter are:
  1. When officers roll up on a house at 2:30 in the morning and the house is dark, the yard gates are locked, nobody is in the yard, and they have to have dispatch call the house to get someone to the door the chances of the 'report' being false are highly likely!
  2. Being questioned about a knife fight on the front porch, given the above observations, the officers should have reasonable suspicion the report was false and probable cause to believe the person coming to the door is not going to lie!
  3. While answering questions about the reason for the early morning visit, the resident was treated as though they were lying, then 'warned' that they (the officers) ARE coming in the house and they don't need a warrant.
  4. Given the facts from statement #1 above, the officers who climbed the fence to enter the property were trespassing, breaking and entering, disrupting the residents peaceful enjoyment, intrusion, and burglary for entering private property without just cause.
  5. ANY time a person's reasonable expectation of privacy could be invaded a search warrant IS required! Since there were no obvious signs of a crime being committed there was no reason to continue onto the property, dispatch or who ever called could have had someone in the house meet the officers at the fence! If there was any type of disturbance, or even lights on in the house, or a fight of any kind were in progress a search warrant would not be required!

Most people understand that police officers are a necessary evil. In this incident the police were used as pawns by an unscrupulous person(s) to harass, intimidate, and threaten innocent citizens! This certainly can not be an isolated incident. In cases like this, it shows the over bearance police forces!

Should we defund the police for their 'abuse of power'? Of course not, that would be ridiculous! However, common sense has to be a part of their decisions, treating everyone as though they are guilty until they can prove their innocence is not an effective way to maintain friendly community relations!! Especially when visual observation of the residence shows no signs of any event that could be remotely misconstrued to match what was reported!

How are false reported handled at the police station after contact has been made and it is obviously a false report?

If the police are falsely notified of a possible crime by an 'anonymous' voice on the phone, website form, or any other form of communication, how can the accused believe in justice?

How can you call it a justice system when innocent people are accused with NO means of filing charges against a false accuser?

How is it justice when someone knowingly, willingly, maliciously, and falsely accuses others of a crime but the accuser is not punished for their false allegation/report?

If it is not an anonymous report, why is the accused not immediately given the accusers information?

The answers to these questions should be reason enough to never allow anonymous 'reports' of any alleged illegal activity!!

Colorado Statute 18-8-111 (1)(a)(I)(B)

(II) He or she makes a report or knowingly causes the transmission of a report to law enforcement authorities of a crime or other incident within their official concern when he or she knows that it did not occur;

(III) He or she makes a report or knowingly causes the transmission of a report to law enforcement authorities pretending to furnish information relating to an offense or other incident within their official concern when he or she knows that he or she has no such information or knows that the information is false; ?or

1) If the accuser has no idea whether or not the incident they are reporting actually happened, is it false reporting?

2) If an accuser merely believes an incident happened, even when it didn't, is it false reporting?

How is the accused supposed to trust the 'justice' system when they have no recourse to collect damage done to them by false allegations/reports to the police?

Some may ask: what damage was done? The answer is simple being awakened in the early morning hours, being treated like a criminal, having one's privacy invaded, the possibility of negative implication the allegations could have on the accused's employment, being slandered, and the inability to charge the person who made the false allegation!

Many don't trust the police, judges, or the 'justice' system!

The Sixth Amendment provides that a person accused of a crime has the right to confront a witness against him or her in a criminal action.

If this incident wasn't reported as a 'criminal action' why did the police enter private property, over a fence with locked gates, at 2:30 in the morning?

If the city wants to claim the false allegation as theirs, then the scope of the injustice done to innocent residents greatly increases! Because that means they are 'protecting' the actual person who filed the false report, aiding and abetting criminal activity (false reporting), and abusing their power! Which means they can show up at any house at anytime and claim some one reported something, even when nobody did!

The residents are supposed to believe the police wouldn't falsify reports to increase revenue for the city? Especially since the city (mayor and city council) has already grossly abused their power and closed 'non-essential' businesses! More Constitutional rights have been violated in the name of 'public safety' than most people are willing to count!

All the residents of the afore mentioned residence were slandered to the police. It is possible the false report of a knife fight on the front porch, at 2:30 in the morning, was a malicious effort to get at least one person in the home fired.

The woman should have called 911 to verify the caller ID of the previous call was correct and it was in fact officers at the front door. What are the ramifications, given the facts above, of officers crossing a fence with locked gates, onto private property, without probable cause?

Saturday, June 6, 2020

Decades of Destruction

Elected officials, representatives, or other members of the United States government, named below, have knowingly, willingly and maliciously, by the acceptance and passage of laws that restrict, regulate, and/or infringe on the Constitutionally protected right of the citizens to have and bear arms as protected by Amendment II of the Constitution of the United States of America.

In direct violation of 5 U.S. Code § 7311, 18 U.S.C. 241, and or 18 U.S. Code § 242, by the above named actions the elected officials have attempted to over throw the Republic form of government, the protections provided by the Republic form of government, and blatantly, openly, and with treasonous intent passed restrictive laws which deprive the citizens of their rights, privileges, or immunities secured and/or protected by the Constitution, including, but not limited to, forcing citizens to pay fees for background checks, purchase government regulated concealed carry permits, which is nothing more than the government forcing citizens to pay for registration and licensing before being able to exercise a specific protected right.

With the passage and legislation of these laws the people involved in drafting, developing, and submitting these laws have 'legalized' violations of Amendment IV, with unreasonable search of  papers and effects which violates the citizens right to privacy.

These same elected, appointed, or otherwise employed representatives have conspired with each other to injure, oppress, threaten, or intimidate the citizens of the United States of America (USA) in their free exercise and/or enjoyment of their rights and/or privileges secured to them by the Constitution which is a direct violation of 18 U.S. Code § 241.
  1. Feb. 6, 2019 HR 1025 - UIGHUR Act of 2019, 116th Congress (2019-2020)
  2. Dec. 6, 2017 HR 38 Concealed Carry Reciprocity Act of 2017, 116th Congress -  Bill Passed - House
  3. March 16, 2017 HR 1181 Veterans 2nd Amendment Protection Act 115th Congress - Bill Passed - House
  4. Feb. 2, 2017 H J Res 40 Providing for congressional disapproval of the rule submitted by the Social Security Administration relating to Implementation of the NICS Improvement Amendments Act of 2007 Joint Resolution, 115th Congress - Passed - House
  5. Feb. 26, 2016 HR 2406 Sportsmen's Heritage and Recreational Enhancement (SHARE) Act of 2015, 114th Congress - Bill Passed - House
  6. July 16, 2014 H Amdt 1098 Prohibits District of Columbia from Implementing Certain Firearm Laws Amendment Adopted - House
  7. Nov. 16, 2011 HR 822 Requiring State Reciprocity for Carrying Concealed Firearms Bill Passed - House
  8. July 28, 2010 HR 5827 Exempting Guns from an Estate for Bankruptcy Purposes Bill Passed - House
  9. May 20, 2009 HR 627 Credit Card Accountability Responsibility and Disclosure Act of 2009 Concurrence Vote Passed - House
  10. Sept. 17, 2008 HR 6842 Repealing Portions of the D.C. Firearm Ban Bill Passed - House
  11. Sept. 26, 2006 HR 5092 Bureau of Alcohol, Tobacco, Firearms, and Explosives Bill Passed - House
  12. June 28, 2006 H Amdt 1156 Trigger Lock Amendment Amendment Adopted - House
  13. Oct. 20, 2005 S 397 Firearms Manufacturers Protection Bill Bill Passed - House
  14. April 9, 2003 HR 1036 Protection of Lawful Commerce in Arms Act Bill Passed - House
  15. July 10, 2002 HR 4635 Arming Pilots Against Terrorism Act Bill Passed - House
  16. June 18, 1999 H Amdt 215 24 Hour Background Check Amendment Amendment Adopted - House
  17. June 18, 1999 H Amdt 216 72 Hour Background Check Amendment Amendment Rejected - House
  18. June 18, 1999 HR 2122 Mandatory Gun Show Background Check Act Bill Failed - House
  19. Feb. 24, 1998 HR 424 Minimum Sentences for Gun Crimes Bill Passed - House
  20. March 22, 1996 HR 125 Gun Ban Repeal Act of 1995 Bill Passed - House
  21. May 5, 1994 HR 4296 Regulation of Semi-Automatic Assault Weapons Bill Passed - House
  22. Nov. 23, 1993 HR 1025 Brady Handgun Bill Conference Report Adopted - House
  23. Nov. 10, 1993 H Amdt 390 Instant Background Checks for Gun Purchase Amendment Amendment Adopted - House
  24. Nov. 10, 1993 HR 1025 Brady Handgun Bill Bill Passed - House
In view of the aforementioned facts, we the people and citizens of the United States do hereby demand the immediate resignation of the following:
Nancy Pelosi
Chuck Schumer
Maxine Waters
Alexandria Ocasio-Cortez
Ilhan Omar
Kamala Harris
Cory Booker
Fredricka Wilson
Kirsten Gillibrand
and ALL other elected representatives that voted yea/yes on the above mentioned bills that obviously infringe on the Second Amendment! There are decades of documented violations of the US Constitution, specifically the Second Amendment!

Amendment II

A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.
No where does the Second Amendment mention the local, county, state, or federal government having the authority or power to determine whether ANY person is worthy, eligible, and/or mentally capable of possessing or owning a gun/firearm, including people who were previously convicted of a felony, under the current oppressive laws.

Amendment IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Amendment IX

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
While the Right to Privacy is mentioned in other Amendments, it is considered one of the rights of a free people. All background checks violate that right to privacy by forcing the consumer to divulge private personal information to strangers who may or may not use that information for nefarious purposes!

5 U.S. Code § 7311 - Loyalty and striking

An individual may not accept or hold a position in the Government of the United States or the government of the District of Columbia if he—
(1) advocates the overthrow of our constitutional form of government;
(2) is a member of an organization that he knows advocates the overthrow of our constitutional form of government;
(3) participates in a strike, or asserts the right to strike, against the Government of the United States or the government of the District of Columbia; or
(4) is a member of an organization of employees of the Government of the United States or of individuals employed by the government of the District of Columbia that he knows asserts the right to strike against the Government of the United States or the government of the District of Columbia.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 524.)

18 U.S. Code § 241 - Conspiracy against rights

If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same; or
If two or more persons go in disguise on the highway, or on the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right or privilege so secured—
They shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, they shall be fined under this title or imprisoned for any term of years or for life, or both, or may be sentenced to death.
(June 25, 1948, ch. 645, 62 Stat. 696; Pub. L. 90–284, title I, §?103(a), Apr. 11, 1968, 82 Stat. 75; Pub. L. 100–690, title VII, §?7018(a), (b)(1), Nov. 18, 1988, 102 Stat. 4396; Pub. L. 103–322, title VI, §?60006(a), title XXXII, §§?320103(a), 320201(a), title XXXIII, §?330016(1)(L), Sept. 13, 1994, 108 Stat. 1970, 2109, 2113, 2147; Pub. L. 104–294, title VI, §§?604(b)(14)(A), 607(a), Oct. 11, 1996, 110 Stat. 3507, 3511.)

18 U.S. Code § 242 - Deprivation of rights under color of law

Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.
(June 25, 1948, ch. 645, 62 Stat. 696; Pub. L. 90–284, title I, §?103(b), Apr. 11, 1968, 82 Stat. 75; Pub. L. 100–690, title VII, §?7019, Nov. 18, 1988, 102 Stat. 4396; Pub. L. 103–322, title VI, §?60006(b), title XXXII, §§?320103(b), 320201(b), title XXXIII, §?330016(1)(H), Sept. 13, 1994, 108 Stat. 1970, 2109, 2113, 2147; Pub. L. 104–294, title VI, §§?604(b)(14)(B), 607(a), Oct. 11, 1996, 110 Stat. 3507, 3511.)