EXCERPT
My lawsuit exposes a longstanding program in Hamilton County to abuse members of the public arrested without a warrant when a warrant is required, men and women arrested in furtherance of a second mass harm. That second abuse is that of “traffic enforcement” in criminal jurisdiction, which practice has become effectively a bill of attainder.
The attainder operates by coercive commercialization of all automobile use under a rebuttable presumption, under an apparent legal fiction that all use of the road by private parties is commercial, that no use of the people’s roads exists apart from state privilege exercise, and that all private use by plaintiff and others in like station is criminal, deserving arrest, seizure of vehicle and criminal prosecution without probable cause.
Petitioner’s alleged breach of use of the road rules by having a damaged taillight is a matter subject to administrative claims by the aggrieved state of Tennessee, the agent of which (presumably, or by presumptive arrogation) is Mr. Bennett in role of deputy, an agent of defendant Garrett. By long custom, defendants imprison, arrest and seize plaintiff and distrain his property in a criminal matter.
One legal authority, Marcus Dirk Dubber, author of The Police Power; Patriarchy and the Foundations of American Government (New York: Columbia University Press, 2005), describes this criminalization and overreach by local authority into state jurisdiction and as poaching.
The criminal matter proceeds in breach of the warrant requirement. A blinkered taillight and operation of a motor vehicle under a license are under T.C.A. § Title 55, motor and other vehicles, (specifically chapter 50, the Uniform Classified and Commercial Driver License Act of 1988), all actions by state of Tennessee subject to UAPA at T.C.A. § Title 4-5-101 et seq, and subject to accused’s right in defense to force state claim movants to exhaust their administrative remedies prior to seeking redress in criminal court.
Plaintiff in his pending demand for injunctive relief against ultra vires use of the motor vehicle law details the limitations in the law, and recognition in the law itself of the great liberties afforded under the Tennessee and U.S. constitutions.
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