Post details: 9th Circuit To Hear Oral Argument in Roadblock Lawsuit

2008-11-11

Permalink 23:00:10, Categories: Privacy, Right to Travel, Roadblock Lawsuit, Checkpoints, 237 words   English (EU)

9th Circuit To Hear Oral Argument in Roadblock Lawsuit

For those of you who have been following my five year civil rights lawsuit regarding my encounter at an illegal joint task force roadblock on December 20, 2002, we've finally heard from the 9th Circuit Court of Appeals.

The court has agreed to review the case and has scheduled fifteen minutes of oral argument in front of a three judge panel. The hearing will take place in San Francisco on November 20, 2008.

[More:]

My last update on this lawsuit was posted well over a year ago. At that time, we had just finished filing our Opening Appellant Brief with the 9th Circuit after Tucson District Court Judge John Roll dismissed the last of our claims.

In response, the defendant TOPD officers and the USA filed separate Appellee Briefs. We filed a Consolidated Reply Brief and have been waiting for word from the 9th Circuit ever since.

Now that a hearing has been granted, we look forward to the opportunity to argue our case before the court. Pertinent documentation related to the appeal can be found below:

For those unfamiliar with the case, a complete history is available here. More to follow after the November 20th hearing.

Comments:

Comment from: Julie M. [Visitor]
Great questions, Terry! I hope they are heard and answered in a manner that proves belief in and reverence for the system our framers gifted to us all!
Permalink 2008-11-14 @ 19:39
Comment from: Kirsten [Visitor] · http://crackerscentral.com/wordpress/
Interesting that you will be going from one Constitution Free Zone to another for this hearing.
Permalink 2008-11-16 @ 09:04
Comment from: Checkpoint USA [Member]
"Interesting that you will be going from one Constitution Free Zone to another for this hearing"

Between Free Speech zones or more accurately their counterpart 1st Amendment free zones, 2nd Amendment free zones and 4th Amendment free zones, is there any part of the country left where the Bill of Rights is fully intact?

It would be interesting to make an in-depth color coded map showing the rough locations of all the various zones inhibiting the basic individual rights this country was founded on.

P.S. I'm looking forward to using the Bill of rights - Security Edition during my upcoming travels.
Permalink 2008-11-16 @ 10:12
Comment from: Checkpoint USA [Member]
"Great questions, Terry! I hope they are heard and answered in a manner that proves belief in and reverence for the system our framers gifted to us all!"

Thanks! We're hoping the judicial panel feels similarly...
Permalink 2008-11-16 @ 10:16
Comment from: Erin [Visitor]
I just came across your case today. Looks like you are on solid Constitutional ground, not having contracted with the State by way of a license. Since Constitutional cases are difficult to win because the courts are for-profit administrative courts operating strictly on statute, I wonder if you have heard of a technique that is having a high percentage of success....that being to demand that judges abide by their Oaths to support the Constitution? This is done by submitting motions right away requesting the sitting judges to uphold their oaths. If they deny the motion, they are disqualified immediatly, so most grant the motion (unless they really are not very bright). Once you have gotten them to re-affirm their Oaths, you have successfully turned the courtroom into an official Constitutional court, as opposed to their typical non-Constitutional for-profit administrative court operating by statute only (and usually personal opinion/interpretation). At this point, failure to uphold the Constitution results in perjury of the Oath, which is grounds for immediate disqualification and voids any judgement they may try to make after disqualification.
A smart judge will realize his hands are tied, and uphold your Constitutionally secured Rights (which may not be infringed upon by any state law or statute).
Also, the Costitution also mandates all police take oaths (as executive officers). Police who have not done so lack authority, and if they did take the oath, but fail to abide by it, they are personally accountable (I noticed they claimed immunity in your case, and this should not be tolerated)
Anyway, you probably know all this since you have obviously been at this for quite some time, but I just thought I'd throw it out there, as this has proved to be quite a powerful tool. I will continue to follow your case, and I wish you the best of luck!
Permalink 2008-11-16 @ 18:34
Comment from: Dale Morse [Visitor]
I have been writing criminal appeals for 25 years, and you are missing one very important word in your brief.

It is call subterfuge, >noun a trick or deception used in order to achieve one's goal.
-ORIGIN from Latin subterfugere 'escape secretly'.

I think you need to elaborate on this, and look at Texas cases. it shot down the roadblocks here.
Permalink 2008-11-16 @ 21:17
Comment from: Mister Curious [Visitor]
What happened at the 9th?
Permalink 2008-11-25 @ 23:42

Comments are closed for this post.

Roadblock Revelations

Welcome to Checkpoint USA's blog. Here you'll find general information and discussions regarding growing threats to our right to privacy & travel.

While I refer to court cases along with state and federal law frequently in this blog, nothing written here should be construed as legal advice. I am not an attorney. Rather, I'm someone concerned about the growing disregard for individual rights present at all levels of government.

My conclusions are my own based upon personal experience and research. The law is made purposely complex however and varies significantly from place to place and circumstance to circumstance.

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