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Chops

Kentucky governmental fraud.

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Posted (edited)

Freedom of the press abridged. (Abridge: curtail- to limit, restrict, or stop something before it is finished.

Many U.S. courts of appeals stated filming police/officials is supported by the first amendment and no federal or state law can override this right to the people. 

Here is the video: click

 And this video you will see and hear the cops ask me for my ID they never ask me my name. Kentucky does have a failure to identify law. But only ur name is required. Only time u are required to show I.D. (Stop and arrest states) is when u have had been arrested. In the letter I was sent by the judge it states the troopers we're trying to determine the circumstances of my actions. That tells you right there they were fishing for a reason. I like the part where it says I posted a security and safety risk. But yet I told the police that I had no ill will and no I'll intent, I was not armed and had no weapons on me, also offered we keep our distance. 

When I had went to court, I stated not guilty. During my preliminary hearing the judge and the cops lied under oath. Then the trial which I was not present at, the judge sent me a letter stating that he had found me guilty which is fraudulent according to the Constitution. I had mailed the judicial conduct Commission and they sent me a letter back stating that they had reviewed my complaint and decided to take no action. This is misconduct considering that the JCC was supposed to investigate this as well. There was no investigation launched on this as I stated in the letter that they had sent me but it is in their policy to review and investigate complaints. I have wrote The JCC back tell them they either they can do their jobs right or I will have the u.s. marshals come and pick them up. They have sent me a letter back as a reconsideration and I'm yet to hear word back from them. After I was sentenced for Criminal Trespass 3rd degree for being on public property that was open to the public which is fraudulent considering in Kentucky you cannot be charged Criminal Trespass on public property unless you have entered into a non-public forum which is also known as an unauthorized area or a restricted area in which I had not. Looking at the letter in my evidence the judge had committed perjury, forgery of a legal document, falsification of a legal document, and misconduct. The letter was written out to make me look like a terrorist so now my name is probably in the fusion Center on the terrorist watch list.  here is the video of the perjury, forgery, falsifying document and misconduct.. Click

 the arresting officer try to delete public record while hiding behind my back put me in between the KSP Post 6 camera and himself. he threaten me with a Taser after I was in handcuffs and in the back of the cruiser. he would laugh at the Constitution each time I would announce my rights to be there. He hit me with the door of the cruiser. He also searched and seized the automobile I was driving without probable cause, warrant, or consent. And had it towed. During court I asked him what his probable cause was to search and seize. His answer, "it was in the parking lot."

Foxtrot-Uniform-Bravo-Alpha-Romeo

Edited by Chops

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I had decided to give the district judge "Thomas M. Funk" another chance to retract his unconstitutional ruling by filing a civil rule. I had pointed out to the Judge the State trooper had gone against his policy, constitutional rights, and supreme court ruling and had also committed perjury in his testimony in the preliminary hearing. The Judge did not care to hear this and stated he was not going to change his ruling. I had also gave notice to the Judge that he had falsified a judgement and order document by stating I advised I was intentionally trying to agitate police. I had told the Judge that I did not say such things. The Judge admitted he, himself said this which is a confession that he, himself willingly falsified a document. The Judge had over ruled the civil rule. This is tyranny at it's best. The Judge don't follow canon 1 which states judges are to use constitutional requirements, statutes, other court rules, and desisional law (case law). The code of conduct also states the Judges are to give people the FULL right to be heard. Tho there are rules in a court room, these rules are allowed to be made by the administration thru the administrative procedure act Which is a statute. Since no law can be made or in force unless by due process of law, nor can a law be put before a constitutional law, the rules are not valid until due process (the final judgement). It seems the district judges abuse their authority and make up their own laws and by their own conclusions outside of the constitutional rights of we the people and outside the laws that are put into place. The judge disregarded his oath and his duties. He must be removed. And I would like to ask if anyone can donate to have this case appealed and help prepare a petition to have this judge impeached. I have approximately 20 days left to have this unconstitutional ruling appealed. If you are willing to donate or know others whom are willing. Please send a message to me and details will be given. Thanks

Edited by Chops

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3 hours ago, RevRifleman said:

Do you have a lawyer?  I hope so.  Otherwise, you'll get torched in court.  

No lawyer, I rep myself. Once I get this appealed, I'm going to file a complaint and send it to the 6th circuit and also send a letter to the govenor to have him impeached. There are around 8- 10 misconduct and fraudulent activities that can be proven against the Judge. Including either a class C or D felonies that will make him serve up to 5-10 years in federal prison. When I went to the civil rule, I prayed to God not to let the Judge lie but to speak truth. When the Judge admitted to falsifying a court document and making a false declaration on that document, He noticed what he had said after he said it Because his body language and his tone changed. The county attorney which is a good friend to the Judge got upset because of what I was able to get the Judge to admit. The county attorney became disorderly and the Judge did not say or do anything to the county attorney about it. The bailiff walked up to the county attorney and looked at me like he was waiting on me to say something about it. It looks even worse on the Judge to overrule this after informing him the trooper lied under oath. The county attorney is the son of the circuit judge and the circuit judge is a friend to the district judge. By the events that took place, it can be provable this is a conflict of interest and conspiracy. Therefore proving this case was staged to find me guilty without any evidence to back up the false declaration of me being guilty. There are many case laws of this same scenario that have been appealed. The judge failed at his oath and the code of conduct.. A judge must be diligent in his working of cases. He wasn't , if he were, he would have had found the trooper's lie which entitles a new trial or a dismissal of the case all together because it messes with the proper ruling. The judge showed favoritism that is also provable. This goes against his code of conduct as well. This judge is corrupt and needs to be removed.

Edited by Chops

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I had Filed a civil rule about this unconstitutional ruling by a corrupted judge. When I had went to court. I had shown the Judge proof that my actions were legal by providing the Kentucky Law enforcement policy showing the Trooper's misconduct, I had provided the supreme court rulings showing my actions were made legal, and I had also provided evidence that the Troopers had lied under oath during the preliminary hearing. I had also provided evidence that the Judge was not following his rules of conduct. I had also shown the Judge that the Judgement Order was a false document/ false declaration. The Judge had admitted he had falsified this document and the Judge had still over ruled this Civil Rule. He knowingly did this. There is proof that this is also a conflict of interest between the Judge and the county attorney. Also favoritism towards the Troopers.  I have had tried to file a complaint against the judge with the Judicial Conduct Commission and the JCC failed to comply or attempt to look into this tyranny twice. I have had also sent a complaint against the Troopers to Internal affairs and they failed to comply with investigating this tyranny.  I have had mailed the House of Rep (Kentucky Governor Matt Bevins) about this also. It has been over 2 months and I still have not heard word about this. If no action will be taken into consideration and things be corrected, then Kentucky will be in considered an un-free state. I refuse to pay this fine set. If the police come to arrest me, the war will start here. I will not bow down to tyrants, nor will i pay a fine for conducting a constitutional protected activity. The longer we wait to do something about this tyranny, the worse it will get and other citizen's rights are being violated by oppressive authority. The only way to show that we mean business and are willing to support our rights, that is to take action and meet them face to face and let them know they are not above "We the People". It is not going to get any better unless we do something about it. 

Location: Grant County, Kentucky

Edited by Chops

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First amendment

 

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

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ACLU: 

 

KNOW YOUR RIGHTS: WHAT TO DO IF YOU ARE DETAINED FOR TAKING PHOTOGRAPHS

Taking photographs and video of things that are plainly visible in public spaces is a constitutional right—and that includes police and other government officials carrying out their duties.

However, there is a widespread, continuing pattern of law enforcement officers ordering people to stop taking photographs or video in public places and harassing, detaining, and arresting those who fail to comply.

The right of citizens to record the police is a critical check and balance. It creates an independent record of what took place in a particular incident, free from accusations of bias, lying, or faulty memory. It is no accident that some of the most high-profile cases of police misconduct have involved video and audio records.

The ACLU has fought—and will keep fighting—to ensure that the right to film and photograph the police is respected by law enforcement officials.

 

 

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Kentucky Law Enforcement Policy: 

 

 

Policy #

VIDEO RECORDING AND PHOTOGRAPHING OF POLICE OFFICERS

Related Policies:

This policy is for internal use only and does not enlarge an employee’s civil liability in any way. The policy should not be construed as creating a higher duty of care, in an evidentiary sense, with respect to third party civil claims against employees. A violation of this policy, if proven, can only form the basis of a complaint by this department for non-judicial administrative action in accordance with the laws governing employee discipline.

Applicable State Statutes:   

KACP Standard: 17.12

Date Implemented:

Review Date: 1/9/2017 – SRW

 

I. Purpose:  Individuals have a First Amendment right to record sheriff’s deputies / police officers in the public discharge of their duties. The right to record is not limited to streets and sidewalks -- it includes areas where individuals have a legal right to be present, including an individual's home or business, or other private property where the person has a right to be present.

 

II. Procedure: 

 

A. Members of the press and members of the general public enjoy the same rights in any area accessible to the general public. No individual is required to have or to display 'press credentials' in order to exercise his/her right to observe, photograph, or record police activity taking place in an area accessible to, or within view of, the general public.

 

B. In situations where members of the public are photographing or recording a police action, officers must not search or seize a camera or recording device (including cell phones) without a warrant, except under very limited circumstances as described herein.

 

C. Officers are prohibited from threatening, intimidating or otherwise discouraging any individual from photographing or recording police activities.

D. Officers must not intentionally block or obstruct cameras or recording devices in any manner.

E. Officers are prohibited from deleting recordings or photographs, and from damaging or destroying recording devices/cameras under any circumstances.

 

F. A person may record/photograph public police activity unless the person engages in actions that jeopardize the safety of the officer, the suspect, or others in the vicinity, violate the law, or incite others to violate the law. Examples of such actions include but are not limited to:

a. Physically interfering with the police officer’s official duties.  (Interviews with suspects and witnesses/gathering evidence).

b. Hindering a lawful arrest;

c. Inciting bystanders to hinder or obstruct an officer in the performance of their duties. Conduct taken alone which would be insufficient to meet hindering or obstructing would include, but not be limited to:

i. An individual's recording/photographing of police activity from a safe distance without any attendant action intended to obstruct the activity or threaten the safety of others does not amount to interference.

ii. A person's expression of criticism of the police (or the police activity being observed) does not amount to interference.

The U.S. Supreme Court has held that a properly trained officer may reasonably be expected to exercise a higher degree of restraint' than the average citizen when it comes to reacting to insults or 'fighting words.'

Courts have given First Amendment protection to persons who made obscene gestures and yelled profanities at police officers, and they have prohibited the police from interfering with such speech.

G. The warrantless seizure of material protected by the First Amendment (photos, videos, etc.) will be strictly scrutinized by a court. In ordinary circumstances, the seizure of cameras or recording  devices without a warrant will not be reasonable. Cameras or recording devices will not be seized without a warrant unless:

a. Officers have probable cause to believe that critical evidence of a felony crime is contained  on/in the camera or recording device; and

b. Officers first have explained the circumstances to the person in the possession of the recording device;

c. The seizure of the camera/recording device is for no longer than reasonably necessary for the officer, acting with diligence, to obtain a search warrant to seize the evidence (OPTION: and the local prosecutor is notified of the seizure for consultation/direction to secure a search warrant); and

 

d. Supervisory approval has been granted for the seizure. (Optional Provision)

e. If a camera/recording device is seized without a search warrant pursuant to Section c. above, officers are prohibited from seizing or viewing the evidence contained in the device until a warrant is obtained for that seizure.

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Judicial Code of Conduct:

 

Canon 1

COMMENTARY Deference to the judgments and rulings of courts depends on public confidence in the integrity and independence of judges. The integrity and independence of judges depend in turn on their acting without fear or favor. Although judges should be independent, they must comply with the law and should comply with this Code. Adherence to this responsibility helps to maintain public confidence in the impartiality of the judiciary. Conversely, violation of this Code diminishes public confidence in the judiciary and injures our system of government under law. The Canons are rules of reason. They should be applied consistently with constitutional requirements, statutes, other court rules and decisional law, and in the context of all relevant circumstances. The Code is to be construed so it does not impinge on the essential independence of judges in making judicial decisions.

 

-Impinge: The same as abridge, infringe, trespass, etc. 

 

-Constitutional requirements ( no law can be put before a constitutional right of the people unless by due process of law, nor can a constitutional right be turned into a crime. Even thru the court process, you still have rights. There are 2 different types of due process.  Such as this case here, I had freedom of speech. The other type of due process is a capital crime, such as murder etc, this is when your Miranda rights would be read and your freedom of speech goes out the window, but you do still have the right to remain silent. If a capital crime was committed and your Miranda rights were not read during your arrest. By law, the case is dismissed and you would be free to go. )

 

-Statute: Is a law

 

-Other court rules: other rules of different courts that the judge must follow. Even if one court don't have a rule as another, it is to still be applied. 

 

-Decisional Law: Court rulings from other courts in the jurisdiction, or by higher court rulings such as the supreme courts. Also known as "Case Law".  

 

 

Canon 3-A4:

 

 A judge should accord to every person who has a legal interest in a proceeding, and that person’s lawyer, the full right to be heard according to law.

 

My freedom of speech was abridged during the hearing. 

 

Proof of corruption in Grant County Kentucky. 

 

 

 

 

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