Policing the police

As some of you may know, I had a ticket to go to the adjoining auditorium on closed circuit TV at the University of Massachusettes to watch the first debate which is in another auditorium on the same campus in early October [2000]. And I got off the bus and there waiting for me, and me only, was the security representative of the debate commission with the guru who prompted him into this role in the shadows [crowd laughs]. Flanked by a state trooper and two police of the University of Massachusettes. And the gentleman who is the security consultant refused at first to identify himself when I asked him to, and he finally did. He said, "Whether or not you have a ticket I have bad news, prompted by the Debate Commission, to ask you to leave. To which I said, in my own mind, Archi Bunker style, "Well, la-de-da!" [crowd laughs]. So, this utter expression of disbelief that I was in the cradle of American Revolution, this state trooper steps forward, and he says, "Mr. Nader, if you do not leave, I'm going to have to arrest you!" [crowd hollers]. To which I said, in my mind, "What the hell is going on?!" [crowd laughs] "I'll see you guys in court!" And since I always prefer to be a plaintiff rather than a defendant [crowd laughs] I went back on the bus, and a week later, hauled him into federal court in Boston. Including the Debate Commission, which we're going to take apart in the next two years. [loud cheers and clapping] Which is a private corporation created by the two parties in 1988 to throw off the League of Women Voters from sponsoring presidential debate, and they decide the rules and the number of debates for the two parties, who asks them the questions, and they fund it with Ford, ATT, Anhauser Busch money. Someone said, "Are you going to go to the St. Louis Anhauser Busch Ford Debate?" [crowd laughs] So, we also sued the security consultant, and then we sued the state trooper. And I was asked in the deposition, "Why did you sue the state trooper? He was only doing his job?" I said, "Because I told the state trooper at the time, 'Sergeant, you are being given an unlawful political order by a private corporation, utilizing public property.'" And he refused to listen. State troopers are not automatons. They've got minds of their own. They've got to be able to decide that they are not going to execute an illegal order. I was not charged with being disruptive, with throwing rocks, with anything. There was no evidence of that. They wanted to exclude me for one reason only: "They didn't like me." So now we are teaching him a civics lesson, he's got to hire his lawyer. [crowd laughs] I'm sure other state troopers will become a little more "independent minded" in the future. I can't say I didn't warn him. [loud cheers]
—Ralph Nader, University of Tennessee Knoxville, 12 November 2001

"It is a defense to any offense that the accused was acting pursuant to orders unless the accused knew the orders to be unlawful."
–Rule 916, UCMJ

"We knew we had something really hot, some very damaging evidence of an atrocity. . . . Something could have happened if they knew we had ratted, broke the story. Something could have happened to one of the people in our office. Their lives would be in danger, easily disposed of, it's called 'fragging.'"
–Ronald Haeberle, photographer, US Army, Public Information Detatchment, after photographing war crimes of rape, torture and slaughter of 500 civilians as they were being committed by US troops at My Lai, Vietnam

"Open up on 'em - blow 'em away."
–Lt. Hugh Thompson, US Army helicopter pilot (and funeral-home director) at My Lai, South Vietnam, ordering his M60-gunners to massacre US soldiers before they could rape, torture and slaughter any more innocent civilians (US troops massacred over 500 US Allies in My Lai hamlet that day, according to the US Army's Peers Commission Report and Courts Martial)

New authority to immediately arrest Georges Bush, et al.:

H.R.3162

Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001 (Congress not allowed to read it and forced to sign it under threat of anthrax from US Army Biowarfare Division)

SEC. 802. DEFINITION OF DOMESTIC TERRORISM.

(a) DOMESTIC TERRORISM DEFINED- Section 2331 of title 18, United States Code, is amended--

`(5) the term `domestic terrorism' means activities that--

`(A) involve acts dangerous to human life that are a violation of the criminal laws of the United States or of any State;

`(B) appear to be intended--

`(i) to intimidate or coerce a civilian population;

`(ii) to influence the policy of a government by intimidation or coercion; or

`(iii) to affect the conduct of a government by mass destruction, assassination, or kidnapping; and

`(C) occur primarily within the territorial jurisdiction of the United States.'.

(b) CONFORMING AMENDMENT- Section 3077(1) of title 18, United States Code, is amended to read as follows:

`(1) `act of terrorism' means an act of domestic or international terrorism as defined in section 2331;'.

SEC. 803. PROHIBITION AGAINST HARBORING TERRORISTS.

(a) IN GENERAL- Chapter 113B of title 18, United States Code, is amended by adding after section 2338 the following new section:

`Sec. 2339. Harboring or concealing terrorists

`(a) Whoever harbors or conceals any person who he knows, or has reasonable grounds to believe, has committed, or is about to commit, an offense under section 32 (relating to destruction of aircraft or aircraft facilities), section 175 (relating to biological weapons), section 229 (relating to chemical weapons), section 831 (relating to nuclear materials), paragraph (2) or (3) of section 844(f) (relating to arson and bombing of government property risking or causing injury or death), section 1366(a) (relating to the destruction of an energy facility), section 2280 (relating to violence against maritime navigation), section 2332a (relating to weapons of mass destruction), or section 2332b (relating to acts of terrorism transcending national boundaries) of this title, section 236(a) (relating to sabotage of nuclear facilities or fuel) of the Atomic Energy Act of 1954 (42 U.S.C. 2284(a)), or section 46502 (relating to aircraft piracy) of title 49, shall be fined under this title or imprisoned not more than ten years, or both.'.

`(b) A violation of this section may be prosecuted in any Federal judicial district in which the underlying offense was committed, or in any other Federal judicial district as provided by law.'.

Arrest by Citizen

CONSTITUTIONAL BUSINESS - Citizens' Arrest

Citizens' Justice Programs - Not long ago the politically correct Boston Globe noticed a "shocking" new trend. It seems as if some citizens of Massachusetts were so fed up with crime that they have begun to intervene in petty street crime afflicting the streets of our cities. Thieves and pickpockets in Massachusetts should exercise caution in where and how they ply their craft as the chances that vigilantes pummel them and drag them to the nearest cop are definitely on an upswing. While the Globe is shocked at this healthy trend, students of the law should note that both a statutory and common law basis for a certain degree of "vigilante behavior" is well founded. Indeed, in an era of lawlessness it is important that readers be advised as to their lawful right to protect their communities, loved ones and themselves by making lawful citizens' arrests. The purpose of this essay is to simply explain the law and the historical context of the citizen's arrest. First, what is an arrest? We can thank Black's Law Dictionary for a good definition: "The apprehending or detaining of a person in order to be forthcoming to answer an alleged or suspected crime." See Ex parte Sherwood, (29 Tex. App. 334, 15 S.W. 812). Historically, in Anglo Saxon law in medieval England citizen's arrests were an important part of community law enforcement. Sheriffs encouraged and relied upon active participation by able bodied persons in the towns and villages of their jurisdiction. From this legacy originated the concept of the posse comitatus which is a part of the United States legal tradition as well as the English. In medieval England, the right of private persons to make arrests was virtually identical to the right of a sheriff and constable to do so. (See Inbau and Thompson, Criminal Procedure, The Foundation Press, Mineola, NY 1974.... By David C. Grossack, Constitutional Attorney [Edited for brevity and misspellings - click title for complete article. Check your own state's statutes on Citizens' Arrest precedure. WARNING! Use a videocam and/or hidden audiotape recorder to witness the crime and your response, including ALL communications with police. Be aware of your state's laws for lawful self defense of property and persons and lawful use of deadly force, including lawful use of ALL concealed weapons. When making a citizens' arrest on a police officer or officers, study the successful response of a lawyer in Knoxville, Tennessee.]

NYC Guardian Angels Civil Law/Citizen's Arrest Training

The primary role as a Guardian Angel is crime prevention. It follows that the absence of crime, incidents and offenses is one sign that our service is being done effectively. Since crime prevention through visual deterrence is our primary objective, we strive for maximum visibility at all times. The purpose of being on a safety patrol is not to make citizen's arrests. Nevertheless, there are time when a thorough knowledge of citizen's arrest help us deal correctly with a situation on the street. The Guardian Angels have no special powers of arrest. We operate with the same set of privileges as every citizen in America. Making a citizen's arrest and detaining someone until the police arrive is the right of all Americans as well as the right of the people of many other countries. Making a citizen's arrest within the boundaries of the laws within your state or country does not make you a vigilante, it makes you an upstanding heroic citizen. A vigilante is someone who makes the decision over guilt or innocence and administers the punishment as well. Guardian Angels are not vigilantes. The decision over guilt or innocence can only be made by a Court of Law, which also has the power to decide the penalty for any crime committed. These decisions cannot be legally made by Guardian Angels, nor a by peace officer or a police officer. Our training in New York State is based on New York State Criminal Procedure Law section 140.30 which covers "Arrest without a Warrant; by any person when and where authorized," and New York State Criminal Procedure Law section 140.40 "Arrest without a Warrant; by person acting other than a police officer or a peace officer; procedure after arrest. Justifiable Use of Physical and Deadly Physical Force: (a) Section 31.15 - Justification; Use of physical force in defense of a person. (b) Section 35.20 - Justification; Use of physical force in defense of premises and defense of a person in the course of a burglary. (c) Section 35.25 - Justification; Use of physical force to prevent or terminate larceny or criminal mischief. (d) Section 35.30 - Justification; Use of physical force in making an arrest or preventing an escape.

The Self Defense Files - Citizen's Arrest

SIERRA TIMES - "Guns are only good for killing people." We've all heard that old song and dance from the gun-banners. But while they two-step around the truth, American citizens continue to use firearms to save themselves, to save others, and, in many cases, to assist law enforcement officials in capturing criminals. On September 30, 1999, Earl Phillips and four members of his family returned to their Waynesville, North Carolina home after having spent the evening at the county fair. Christopher Wayne Lippard and Charles Wesley Roache are alleged to have surprised the family and shotgunned them all. After the murders, the two took Phillips' car. It got stuck in the driveway, so they stole a pickup truck that belonged to one of the family members. The inept drivers quickly wrecked it, too. Having spent most of their adult lives in prison, their driving skills were so impaired that this was the third car they'd wrecked that day. Deciding to split up, Lippard hitchhiked to New Orleans where he was eventually captured after being profiled on America's Most Wanted. Lost in the avalanche of publicity about the case was the fact that Roache was collared by an armed citizen. [click title link for many more examples]

Dear Yahoo! How do I make a citizen's arrest?

We can tell you with full confidence that it is a very, very bad idea to try to drag someone down to the police station on your own. As the good Trooper Ness of the Illinois State Police says: "When you sign or make a complaint against someone for an infraction of the law, you are in affect 'arresting' them...I cannot recommend that you try and "arrest" someone by restraining them physically, as you may be subject to liability if you do that. Work within the system by filing your charge with a police department or States Attorney with jurisdiction." Needless to say, attempting to manhandle someone renders you vulnerable to all kinds of nasty lawsuits, in addition to physical harm. The police department in Arroye Grande, California, offers this helpful four-step guide to Making a Citizen's Arrest: 1. Notify police upon observing a crime. 2. Provide police with information to assist in identifying the violator. 3. Sign the complaint form. (After this, most cases are concluded without your further involvement.) 4. Appear in court when requested by the District Attorney's Office. The lesson? The telephone is mightier than the sword. [WARNING! Use a videocam and/or hidden audiotape recorder to witness the crime and your response, including ALL communications with police. Be aware of your state's laws for lawful self defense of property and persons and lawful use of deadly force, including lawful use of ALL concealed weapons. When making a citizens' arrest on a police officer or officers, study the successful response of a lawyer in Knoxville, Tennessee.]

Citizen's Arrest - Orange County Marshall's Dept.

Under certain circumstances, police officers cannot make arrests themselves, but may ask you to make a citizen's arrest. If you wish to make a citizen's arrest, this requires your signature on a private person's arrest form, which the officer will provide. The officer will then be able to take any necessary action.

From the Incident through the System Legally: Knowledge Base of Legal Concepts

California State University and University of Wisconsin - A citizen's arrest is a formal arrest by a citizen has no official government authority to make such an arrest as an agent of the government. The California Penal Code gives any citizen the right to make a citizen's arrest of another citizen in three alternative situations: 1.A public offense was committed or attempted in the citizen's presence. 2.The person arrested has committed a felony, although not in the citizen's presence. 3.A felony has been in fact committed and the citizen has reasonable cause for believing the person arrested has committed it. Why do we need a statute like this? Why do we need a "citizen's arrest"? Well, as the crime rate goes up, it becomes more and more important that good citizens come to the aid of one another in distress. Without such a statute, only government agents, such as police, would have the authority to stop a felon in progress. By creating the "citizen's arrest" statute we give ordinary citizens the authority to hold another citizen without fear of being sued for false imprisonment. Without the statute, the citizen who interfered in criminal activity would risk such a lawsuit. Even with such a statute, the citizen still risks being sued if he/she is wrong on his assessment of the situation. Notice that the statute requires that the "public offense" be in the citizen's presence, or that the person arrested have committed a "felony," that is, a crime punishable by one year or more in state prison. Do you know which crimes are punishable by one or more years in state prison? Can you be absolutely sure the person you are arresting is the one who committed the offense? What if there were three people involved? Can you be sure which one is the one you should arrest? At the very least, a defense lawyer is going to argue that the requirements for citizen's arrest were not met and that the arrest, and any consequent seizure of contraband, were illegal.

DESPITE SLAPP SUIT, GREENPEACE SERVES ARCO WITH CITIZEN'S ARREST

PRESS RELEASE 1997 - Greenpeace today served oil giant ARCO with a citizen's arrest for failure to comply with U.S. federal law. Citing violations of the National Environmental Policy Act, Marine Mammal Protection Act, Coastal Zone Management Act, Outer Continental Shelf Lands Act, Clean Air Act and Clean Water Act, Greenpeace demanded the Coast Guard uphold the law and stop ARCO's unpermitted and illegal activities. The environmental organization insisted ARCO halt the towing of its giant drill platform to the waters of Camden Bay, just offshore from the Arctic National Wildlife Refuge. Greenpeace took this action after its protest of the drill rig on August 13 resulted in ARCO and the State of Alaska joining forces to secure a Temporary Restraining Order (TRO) that limits the groups rights to free speech and non-violent protest. "A SLAPP (Strategic Lawsuit Against Public Participation) doesn't mean the showdown is over," said Steve Sawyer, Arctic Expedition Leader onboard the Arctic Sunrise in the Beaufort Sea. "ARCO's illegal actions continue to threaten the fragile arctic ecosystem and the global climate. If agencies such as National Marine Fisheries Service and Minerals Management Service will not uphold the law and stop ARCO's illegal actions, then we are obliged to try to do it ourselves." In its sixth day of protest against ARCO's drill rig, the Greenpeace ship Arctic Sunrise handed the citizen's arrest to the Coast Guard for delivery to the drill rig and Coast Guard Command. The Coast Guard is empowered to uphold federal law and can immediately halt ARCO's illegal activities. ARCO's activities are in violation of no less than six federal laws since it lacks the permits required to move its drill rig from the waters outside Prudhoe Bay 75 miles east to Camden Bay. The various federal agencies charged with enforcing the law are not doing so.

Is Employer Liable for Guard's "Good Citizen" Arrest? - SECURITY FIRMS VICARIOUS LIABILITY

Security Law Newsletter - Summary: An Oregon Appeals Court found a security company not liable for an assault by its employees. Facts: Lessaos, a security officer for a private security firm, had completed a site inspection of a client's home and was on his way to another assignment, when he saw a car being driven erratically. He followed the car (which was driven by a man called Miller) to a private driveway. Lessaos parked his car behind Miller's car to prevent him from leaving. Lessaos then identified himself as a private security officer. Lessaos did not allow Miller to get out of the car because he believed that Miller had been driving while intoxicated. Miller's wife said Lessaos was not a police officer, had no right on their property and asked him to either leave or to allow them to enter their house until the Salem police arrived. A fight resulted and Lessaos maced Miller and his family. Lessaos said he was acting as a "good citizen" in trying to arrest Miller and Lessaos' supervisor at the guard firm "chewed him out" over the incident.

Making a Citizen's Arrest

PRAIRIE LAW - Norm Thomson owns a 124-acre plot in South Kitsap, Washington. Although it's private property, not everyone respects that. In March 1999, he noticed a man wandering in his woods, cutting down greenery to sell. He decided to do something. He took his rifle from his house, headed out and stopped the trespasser in his tracks. Thomson then hog-tied the guy, put him in the back of his truck and delivered him to the Kitsap County Sheriff's office. "I've been working in law enforcement for 30 years and I've never had anyone make a citizen's arrest like that," says Sheriff Steve Boyer, who handled the case. Many people know the phrase "citizen's arrest," but few know exactly what it entails — and even fewer people know someone who's actually done it. It's common enough in the movies, of course. Eddie Murphy tackled an armed robber trying to hold up a fast-food restaurant in the 1988 movie "Coming to America". Not only did he make an arrest as a non-police officer, but he also impressed his soon-to-be girlfriend. It's also a good way to make a statement. Two protesters in Seattle served World Trade Organization delegates with citizen's arrest warrants for crimes against humanity in November 1999. The pair got attention — and then got arrested for obstructing a police officer [but refused to arrest bogus "anarchist" provacateurs employed by police to loot and pillage Seattle to provide an excuse to police to attack democratic dissenters of undemocratic WTO]. It does happen in real life, too, as Thomson proved. And everyone in this country — even non-citizens — has the legal right to do it. The specifics vary by state, but if someone witnesses a crime, that person can make an immediate arrest and use "reasonable" physical force to detain the suspect. "It happens, but not often," says Sergeant John Pasquairello from LAPD. "Most people don't want to come forward or get involved." Maybe it's a sad commentary on American society, but people often don't interfere for good reason: sometimes it's too dangerous. Pasquairello says if the crime's gang-related — even if it's just graffiti — no one wants his or her name associated with the arrest. And other times, getting involved means getting sued. Retail business owners know that better than anyone. The words "false arrest" or "unlawful search and seizure" can make storeowners break out in a cold sweat. In 1995, Kmart Corp. paid two women in Bessemer, Alabama four million for false arrest and malicious prosecution after a jury decided they were unfairly accused of shoplifting. In May 1998, a jury ordered Safeway to pay $750,000 to a Seattle woman falsely charged with shoplifting.... Besides having the right to make an arrest, people have the right to resist unlawful arrest in some circumstances — even if that means killing the arresting officer. The famous 1900 Supreme Court case of John Bad Elk vs. United States remains law today. John Bad Elk, a police officer, killed another police officer, John Kills Back, who tried to arrest him on an Indian reservation in South Dakota. At first, he was convicted of murder and sentenced to hang. However, the case was appealed to the Supreme Court, which ruled that a person has a right to resist an unlawful arrest with any force and means necessary. Since John Kills Back was ordered to arrest John Bad Elk without a reason or charge against him, John Bad Elk said he shot the other officer in self-defense after he saw John Kills Back reach for his revolver. It's also legal to resist arrest if a warrant for the arrest is not technically valid or if it isn't issued by affidavit, a sworn statement made in front of an officer or judge. [click title link for cpmplete article]

Man files a citizen's arrest after assault

MINNESOTA DAILY ONLINE - A University student filed a citizen's arrest after several men allegedly assaulted him in the Marcy Holmes neighborhood early Monday morning. "It appeared that they were intoxicated," said victim Steven Bartlett. The incident began at 3:30 a.m. near the intersection of Seventh Street and Eighth Avenue Southeast and ended several blocks away, when Minneapolis police intervened. Bartlett was talking on his cell phone outside his truck when the five men approached him and began swearing, according to the police report. After Bartlett told them to keep walking, several of the assailants allegedly began punching him. The suspects were in their early 20s. Bartlett told police the suspects chased him on foot to 10th and University avenues southeast, where a police officer took notice of the group. One suspect reportedly threatened the officer after the officer shined a flashlight on him. According to the police report, the group said they had come from a party and shouted several expletives at the officers. The officer said he pushed the suspect into the squad car after he refused to get in. Another squad car stopped the other men, whom Bartlett identified as his attackers. All were arrested by citizen's arrest and taken to the Hennepin County jail. Persons may file a citizen's arrest following a misdemeanor crime that was not committed in the presence of -- or witnessed by -- a police officer, said Minneapolis police spokeswoman Cindy Montgomery. Threatening an officer constitutes disorderly conduct. "It is a crime, but arresting for it is up to the discretion of the officer," said Lt. Otto Wagenpfeil of the Second Precinct. "You have to weigh the totality of the circumstances.

American Hangunner magazine online

Bi-monthly magazine for gunslingers and gunfighters with archives since 1982. News, interviews, competition, self-defense tips, legislation, tactical blades, factory links (but nothing about citizen's arrest tactics). "Cop Talk" column by self-defense guru Mossad Ayoob (Jan/Feb 2002): Charge… To The Rear! "Backing away from the threat as you fire is popular, because it can be safely taught with multiple officers on a standard "square range." But, ask yourself: Does backing up at "human speed" make you that much smaller a target? Does retreating compensate for the degradation of your own life-saving marksmanship that occurs whenever the firing platform that is your body is moving instead of standing still? Many career firearms instructors believe it's easier for a standing man to hit a moving target than for a moving man to hit a standing one. This can put us behind the curve again. Moving laterally as you draw and return fire makes a lot more sense, and this seems to be the best of the conventional solutions. I don't find it any harder to shoot to 12 o'clock while my body is moving to 3 or 9 o'clock, than to shoot in the same direction while backing away toward 6 o'clock. However, with your lateral movement, your opponent has to change his own posture, and this will significantly interfere with his ability to shoot you while you are shooting him. Going To War - The majority of cops who are shot to death in the line of duty are killed within less than 7 yards. Most of those are killed within 3 yards. And at that deadly close distance, the single most dangerous place to be is within 3 feet. Within Arm's Reach, which master unarmed combat instructor Cliff Stewart appropriately notes acronymizes into "WAR."... Plan A for the private citizen is, "Never get that close." Plan A doesn't work for cops. How do we handcuff? Telekinesis? The police officer has to enter The Hole routinely in the line of duty. And citizens find themselves there when they are victimized, attacked suddenly at the closest range...." Tactical Advantage: Gunfighting And Performance Anxiety "Does competition shooting help you to be a better tactical shooter? Does it help your chances of survival in a self-defense situation? Or does the gaminess make your more likely to fail? Depending on to whom you listen, competition can be the best endeavor in which any serious pistol handler can engage. The key issue of shooting competition is the ability to handle stress.... We know that under life-threatening stress, the heart rate will increase, fine motor skills will deteriorate and you will suffer from tunnel vision. As those who can remember their first IPSC or IDPA match can attest, trigger control often falls apart, looking at the sights becomes the last thing you do and simple tasks like unloading your pistol at the end of the stage are more difficult because your hands are shaking. And nobody is shooting at you!... Anytime you have to prove yourself in anything that relates to your self-image, stress will result. Performance anxiety is present with all of us. American males seem to believe that they are born with the natural ability to shoot guns well, drive cars fast and be fantastic fornicators.... [click links for rest of articles]

FBI in Libraries and Bookstores

VILLAGE VOICE, FEB 14, 2002 - "The definition of terrorism in the USA Patriot Act is so broad and vague that any number of American readers may be caught in this additional Ashcroft dragnet. For example: You commit "the crime of domestic terrorism if [any of your acts] appear to be intended to . . . influence the policy of a government by intimidation." Such 'acts' could be based on what you read in a book. This threat was described in a November 1 letter to booksellers across the country by Chris Finan, president of the American Booksellers Foundation for Free Expression. [Under Section 215 of the USA Patriot Act] the director of the FBI may seek an order 'for any tangible things (including books, records, papers, documents, and other items) for an investigation to protect against international terrorism or clandestine activities.' "The request for such an order is to be made to a judge who sits in a special court that is sometimes called the 'spy court.' This is the secret court established by the Foreign Intelligence Surveillance Act (FISA). On its bench sit federal judges selected by the chief justice of the Supreme Court; they receive requests for subpoenas and warrants from federal agents engaged in investigating terrorism. In the 24 years since this court began functioning, hardly any request for a subpoena has been denied. I confirmed this during a recent debate in Washington with Viet Dinh, John Ashcroft's chief legal adviser in the Justice Department. Chris Finan's letter to the country's booksellers continues: 'The judge makes his decision 'ex parte,' meaning there is no opportunity for you or your lawyer to object in court. You cannot object publicly, either. The new law includes a gag order that prevents you from disclosing 'to any other person' the fact that you have received an order to produce documents.' And this is the United States of America, John Ashcroft, attorney general—not the People's Republic of China?"

Los Angeles Municipal Corporation pays $200-Million settlement for LAPD's Racketeering and Organized Crime

LOS ANGELES (AP) - The city's police department can be sued under federal racketeering laws by people who claim corrupt officers from the Rampart station violated their civil rights, a federal judge has ruled. [Do a search for LAPD's official "Rampart Area Corruption Incident" report.] The ruling, reported in Tuesday's Los Angeles Times, could make the Los Angeles Police Department the first in the nation to be sued as a racketeering enterprise. The move also could increase the city's estimated liability of $100 million for police corruption cases, since the federal Racketeer Influenced and Corrupt Organizations Act allows damages to be tripled. Update: In Los Angeles in 2001, the city corporation paid $200-millions in RICO lawsuits against LAPD for false arrests, $700,000 bank robbery, $1-million crack cocaine theft, crack cocaine dealing and murders committed by dozens of cops. The city government anticipates coughing up the full $100-millions in damages for its crimes. RICO has a 10-year statute of limitations. (Hence FOX TV's propaganda show "justifying" a lawless LAPD, with its COPS show, "Rampart".) Anti-LAPD plaintiff's class-action attorney Stephen Yagman—the government's special prosecutor of the FBI agents charged with first-degree murder at Ruby Ridge—enthused: ``This is one of the best days of my life. We'll go forward like gangbusters on this. We intend to get it certified as a class action to include thousands of plaintiffs.''

Additional legal resources:

How to:

1. Defend the US Constitution against federal government
2. Request authority for a traffic stop by police
3. Make numerous references to the US Constitution
4. "Police the police"
5. Be a Rebel
6. Defend Religious Civil Rights
7. Defend Animal Rights
8. Attack a US government for Eco-terrorism
9. Sue a RICO lawsuit against a corrupt US government

Paralegal and Paralawyer links

Attorney Says Militia Leader May Have Been Kidnapped

Richard Lom

Lexington, KY, March 15, 2002 - The self-proclaimed leader of the Kentucky State Militia is a wanted man after agents with the ATF say he escaped from his home incarceration unit sometime Wednesday night. But Friday, attorney Gatewood Galbraith said he and Charlie Puckett's wife believe Puckett was actually kidnapped.

Puckett was being held on federal weapons charges at his Garrard County home. Ironically, agents say they had planned on picking up Puckett on an obstruction of justice charge Thursday.

Now police across the state are looking for Puckett and his son, Charlie D. Puckett. Police believe the two are on the run, possibly traveling in a turquoise 1994 Ford pickup.

Friday afternoon, federal authorities issued a statement saying they are not investigating Puckett's case as a kidnapping.

LEX 18 Big Story: Militia Leader On Loose After "Last Testament"

"I must leave society at this time for my own safety." -Charlie Puckett

Richard Lom

Garrard County, KY, March 14 - Charlie Puckett apparently broke out of his ankle bracelet unit--used as a home incarceration device--Wednesday night in Garrard County. Thursday, a statewide search was on for the former leader of the Kentucky State Militia.

Puckett's home was raided by the ATF last November. Inside the house, agents say they found parts used to convert weapons into machine guns, items used in pipe bombs and numerous rifles and ammunition.

He was released on bond, but placed under house arrest.

Thursday morning, his e-mail went out to area news outlets, and police issued a statewide alert. The police call went like this:

"the commander of the Kentucky State Militia, Charles Puckett...may possibly be with his son in a turquoise green '94 Ford pickup...If subjects are located, use extreme caution as subjects may be armed and dangerous."

Here is the e-mail sent to LEX 18 News:

CHARLES PUCKETT
LAST TESTIMENT

Ladies & Gentlemen:

I have served with pride in the Kentucky State Militia for 12 years. I have given my best & my all for this country. I have found recently that B.A.T.F. have written regulations without Congressional approval-that a simple piece of metal is defined as a machine gun. This is one of the counts that they have charged me with. It is my last testiment [sic] in this letter, to the citizens of Kentucky, the state legislature & militia that I have NEVER had, manufactured, or INTENDED to manufacture or possesed or owned or fired a machine gun. I have never WANTED a machine gun. NOTHING that the B.A.T.F. took from my home was illegal. The B.A.T.F. construes things to be illegal by THEIR rules. The B.A.T.F. states that I had bomb making materials at my home. EVERYONE has these capabilities in their home due to the fact that oven cleaner & aluminum are bomb components. It is my last testiment [sic] that I have NEVER made nor INTENDED to make bombs or ATTEMPTED to make bombs in my life. After September 11th, our whole great country changed. Our Congress, (without EVER reading the Patriot Act of 2001), passed this legislation with only a summary to read of what the bill was about. Three people voted against it. Those three men are great Americans. The Draconian powers created by this so called "patriot act" will forever ruin America.

I have nothing but love in my heart for this great nation. There seems nowdays to be very little relief or justice for some in our country. I am one of these people. It is my last testiment [sic] that I have NOT committed ANY criminal acts, nor will I donate years of my life for something that I have NOT done. I have never burned down a church & killed innocent children for make believe reasons. I have never shot a 15 year old child in the back & I have never shot a woman in the face. Government officials have done all of the above with no one accountable for those acts to date. The B.A.T.F., using their low life tactics, put out info to the Kentucky State Police that my son made threats toward the law enforcement community. My son has all the respect in the world for K.S.P. My son is NO threat to ANY Kentucky police officer. We at the Kentucky State Militia have helped law enforcement in Kentucky to investigate & bring crooks to justice. This is verifiable through the Jessamine County Sheriff's Department (Joe Walker, Sheriff). The B.A.T.F. was created by the Secretary of Treasury in June of 1972 by the stroke of a pen. (Where was Congress?) When my problem happened in 1966 through Oct. 1968, there was NO B.A.T.F. to apply to for rights restoration. The B.A.T.F. was created as a tax collector on alcohol, tobacco & firearms. This agency has been transformed into enforcement & loosed on the people to rob & pillage as a private army of the Treasury. I can no longer participate in a society that is governed by such mobsters! They will come up with all kinds of tricks to trick you. When first contacted by the B.A.T.F., I was reluctant to talk with these people. After talking with Agent Robert Young, I thought that maybe somehow these people were different here. I cooperated with these people & even turned over a letter from Steve Anderson to them-offering to help. Several days later, my problems started. I even extended an invitation that if they thought I was doing something wrong-to come & look. The B.A.T.F. stabbed me in the back. I do not know where Steve Anderson is. In an investigation of a Winchester gun store owner by these same people (Agent Young & others), the trauma was so great that the store owner committed suicide! This kind of intimidation is UNACCEPTABLE from ANY government agency. Who's the terrorist in THIS picture? The ONLY thing I am guilty of is helping train the Kentucky State Militia by making training devices & instructing on how to SURVIVE the coming calamity. Again, I have made NO bombs, destructive devices or EVER possessed or made a machine gun. NEVER!! Nor have I EVER wanted to do any of the above. EVER!! It is truly time for America to wake up & turn the clock back to 1776. We have the SAME problems now that we had then. Whether we can do this without violence is up to the government officials. We need to ask them now- "What's it gonna be?" We have outrageous taxes that are squandered by elected officials every day. The B.A.T.F. is coming for our guns. These exact things existed in 1776!!! I must leave society at this time for my own safety. Again I state - I have broken NO laws, nor have I violated ANYONE'S freedoms. When you take freedom away, you ruin a country. This should be proof. The ONLY thing that I will accept is the dropping of ALL charges & COMPLETE EXONORATION. None of my family or militia officers will know where I am. Rewards will do no good & intimidation will get you in trouble. I will accept NO less. To the people that serve in the Kentucky State Militia: I love you ALL. I have given my life, my family, my home & my all for this country. Please continue the fight for freedom. I will be watching & will respond on cue. Please elect a new State C/O who loves this country as much as I do & the women & men that have died for it.

Charles N. Puckett
State C/O - Kentucky State Militia

I did NOT shrug my duty to protect & defend the Constitution. WILL YOU DO THE SAME?

Puckett's son--Charlie D. Puckett--held a news conference back in December. The younger Puckett claimed state police had put his life in danger by issuing a teletype that said police should consider him dangerous, because he may harbor resentment towards the law enforcement community. Thursday police were looking for him as well.

Ironically, federal agents tell LEX 18 News they were planning to pick up Puckett Thursday on new federal charges of obstructing justice.

Investigators think the Pucketts are in a turquoise green 1994 ford pickup, Kentucky license number "7293-EP."

If you think you've seen them or have information about the case [or you want to tell them what you think of them], state police ask you to call them at (800) 222-5555.

The trouble with law is government trial lawyers

"I always figured that being a good robber was like being a good lawyer."
—Willie Sutton, US bank robber

"A man who never graduated from school might steal from a frieght car. But a man who attends college and graduates as a lawyer might steal a whole railroad."
—President Theodore Roosevelt

"If it weren't for the lawyers we wouldn't need them."
—William Jennings Bryan

"Lawyers: persons who write a ten-thousand-word document and call it a 'brief'."
—Franz Kafka

"If law school is so hard to get through, why are there so many lawyers?"
—Ambrose Bierce

"When the judge's mule dies, everyone goes to the funeral. When the judge himself dies, nobody goes."
—Arabic Proverb