Deputy takes gun, but lets more dangerous weapon slip into jail in arresting ‘smartest guy with bow tie’
Broken bit of red taillight plastic fails to meet ‘public offense’ standard for another warrantless arrest; nor does cop have evidence that journalist is in commerce
CHATTANOOGA, Tenn., Wednesday, Nov. 22, 2023 — A deputy drags me into the jail — scarring the tops of my dress shoes — because of a missing 2-square-inch bit red plastic in a taillight damaged Nov. 14 in a tire blowout.
By David Tulis / NoogaRadio Network
I am the radio investigative reporter who specializes in covering Jim Crow traffic abuses based on presumption, fraud and official ignorance by policy. Deputy Bennett makes 2 legal errors in his false imprisonment and false arrest. Each is warned against in administrative notices served on Hamilton County sheriff’s office in Chattanooga, so his actions for his employer are as a matter of law knowing and intentional.
One notice pertains to the limits on Title 55 motor and other vehicle law. It’s Tennessee transportation administrative notice. An April 2020 notice tells of arrest warrant duties under the TN bill of rights and the exceptions law at TCA 40-7-103. Under notice doctrine, his actions are knowing and intentional harms.
My jailhouse arguments about the Bennett affidavit’s missing essential elements of privilege before magistrate Blake Murchison win only 1 concession: Release on OR (own recognizance). He denies me a copy of the charging instrument, but patiently hears me out; he finds probable cause, and sets a criminal sessions court date.
Hugely, hugely excited. That’s me today. I now have standing to defend in criminal and civil court the right of free movement and communication by car, apart from the “driving is a privilege” enforcement scam. Sheriff Austin Garrett continues Southeast Tennessee’s defense of Jim Crow social engineering and highway brigandage by deputies ultra vires (outside the scope of the law).
Deputy Bennett immediately seizes a 9mm pistol at my waist. Carelessly, he lets a far more dangerous weapon get through the sally port and through the jail’s steel door: My bow tie.
David Tulis arrest video
Tune in to my show, Tulis Report, live every weekday on NoogaRadio Network (96.9 FM and affiliates). 7 a.m. Why not become a sponsor and support our reform work? I am fighting for you, sir.
Tulis Report airs live in Chattanooga on three FM radio stations, on FB at TNtrafficticket, and online at a link provided at Noogaradio.com.