How to go From a Broken Taillight to 18 Months in Prison

TDB's picture

Via The Daily Bell

It is amazing the amount of “crimes” one broken taillight precipitated.

A recent court case in Massachusetts highlights the insanity of statute law, versus common law. That is, relying on laws made by politicians, rather than assessing a claim brought by a victim.

Time, money, and freedom are all poured down the drain in favor of arbitrary statutes.

It started with a guy being pulled over for having a taillight out.

He was arrested for not having a license to drive a car. Already, this is a violation of rights. Why should you be forced to pay for a license in order to travel down public roads?

Licensure does little in the way of public safety. It is a vehicle to collect more money and keep track of citizens.

So society says it is better to kidnap a man and throw him in a cage than to allow people the freedom to travel unmolested. He victimized no one but was victimized by the state.

Next, cops saw a gun muzzle poking out of the pocket in the back seat. Apparently, seeing a bit of a gun is probable cause to search. Are guns illegal? No. Ah but again, those pesky licenses! The government requires licenses to exercise rights. You have to pay in order to be free.

When they performed the search, which was based on the gun, which was discovered because no driver’s license, which was revealed because of the broken headlight, the police found he also had some drugs in the vehicle. Add another victimless crime to the rap sheet.

This guy would never have been in the crosshairs of law enforcers at all, except a statute says a car must have two working taillights. Nowhere in any of this did the suspect victimize anyone.

Judges and lawyers then spent time (and thus tax dollars) arguing over things like:

  • Should he be charged with another crime, based on whether or not the gun was loaded?
  • Was there probable cause to find out if the gun was loaded?
  • Did the defendant know the gun was loaded?

The Appeals Court decision acknowledged that “proving knowledge that a firearm was loaded will often be quite difficult,” and that the effect of the ruling will likely be that few people will be convicted under that section of the law.

But the judges concluded that because the Supreme Judicial Court ruled in an earlier case that prosecutors must prove someone knew they were in possession of ammunition, they must also prove someone knew if that ammunition happened to be inside of a gun.

Blah, blah blah, blah blah. Was there a victim? No? Let the guy go. That is how simple true rule of law is.

Unless a law protects a victim, it creates a victim. Laws are not the same thing as the rule of law. Under rule of law, mere possession of an item would not see you imprisoned.

Ninth Amendment: The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Of Course, the government doesn’t abide by the rights enumerated in the Constitution, let alone implied rights.

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indio007's picture

Drivers license is not required if you deposit a bond with the Sec. of State of your local mafia.

Go look it uo.

SPQR 70AD's picture

I am sick and tired about driving being not a right. the whole country would collapse without the ability to drive vehicles. insurance would pay for your doomsday scenerios 

Rhal's picture

Ya, it's getting that way. And of course once we get used to having a car we feel free to get a job ten miles from home (or more). But thats the egg, not the chicken.

What bugs me is that many cities plan their areas with huge commercial districts miles away from huge residential districts. Car addiction. It shoudn't be this way.

Arrow4Truth's picture

Licensed privilege? Traveling is not a privilege, period. “No state may convert a right into a privilege and require a license or fee for the exercise of that right” See: Murdock v Pennsylvania, 319 U.S. 105;

“If a state does erroneously require a license or fee for exercise of what that right, the Citizen may ignore the license and/or fee and exercise the right with total impurity” See: Schuttlesworth v. Birmingham, 373 U.S. 262

The Supreme Court has recognized that personal liberty includes "the right of locomotion, the right to remove from one place to another according to inclination." Bauer v. Acheson, 106 F.Supp. 445, 450 (1952)

It is well settled that the public are entitled to a free passage along the highway. Michelsen v. Dwyer, 63 N.W.2d 513, 517, 158 Neb. 427 (1954)

The public have a right of free and unobstructed transit over streets, sidewalks and alleys, and this is the primary and appropriate use to which they are generally dedicated. Pugh v. City, 176 Iowa 593, 599, 156 N.W. 892, 894

There's much more, if you like. Driving is commercial. I invite you to look up the legal definition... it's moving goods or passengers for hire. I do not drive. I travel. Police are nothing more than domestic terrorists... hired guns for the State. When you get pulled over for an alleged infraction (look that one up in a legal dictionary as well) do you feel safe. There's a man standing a couple of feet from your window with his hand on a load weapon. I'm sure he has your best interest in mind. She-it. He's providing a revenue stream for the State. Simple as that. Oh, and I'm certain he's coercing you with the best of intentions (sarc). Good luck with that.  

The Fed's Ghost's picture

This is one of the best posts I've ever read

Rhal's picture

Good info, but you've said nothing about driving a car to get there.

Freedom of movement is core to our rights. But how we get there is subject to liabilities we incur on the way.

I agree about the motives of many police. Between the control freaks and civil forfeiture, we the people are not being served as a free people should.

Honestly though, if someone crashed into you, wouldn't your prefer they were on a bicycle rather than a two ton car going 40 MPH?

SunRise's picture

Has it been shown that having a license makes a driver safer?

Antivenom's picture

No, the drivers license does not ensure good or safe driving, however if you screw up enough the damn insurance company will price you out of your driving privileges or out right deny you of them.

gilhgvc's picture

many of you dimwits...you know who you are...vote for the same jackasses year in and year out. you NEVER vote in local elections, you support YOUR union, but bitch about the cops unions, if you don't want stupid ass laws quit voting for the same dipwads that pass them. and you KNOW the fucking law, you choose to flaunt it, too damn bad. YES, the article is right, there shouldn't be these stupid laws...BUT WE ALL LET IT HAPPEN.. are YOU part of the problem? look deep ZH'ers

SPQR 70AD's picture

you are a idiot. NO LAWS ARE EVER REPEALED ONLY ADDED TO

Demon Slayer's picture

Really?? Not ever?

Not even the marijuana laws changing from a felony to legal for recreational use? Not even the concealed carry laws in certain states that disallowed them before?

Hey moron, if you want to make all inclusive statements to make a point, then you need to make sure you know what you're talking about.

Demon Slayer's picture

Really?? Not ever?

Not even the marijuana laws changing from a felony to legal for recreational use? Not even the concealed carry laws in certain states that disallowed them before?

Hey moron, if you want to make all inclusive statements to make a point, then you need to make sure you know what you're talking about.

Common_Cents22's picture

another SCAM by cops is the seat belt law.  I live in a nice area on a lake in metro burbs,  waiting to turn left across divided 4 lane, saw cop go by and slow down and pull over about 1/4 mile down.   I turn left going to my parents for fathers day on a freakin sunday afternoon and the damn cop pulls me over!

She said she thought she saw me with no seatbelt, as i was waiting to turn out of my neighborhood.   So she has bionic eyes passing me by at 50mph looking 100 feet to her left as i was waiting?

she peeked through my windows in back of my SUV, ID'd me and said she won't ticket me this time.  fucking bitch.  i had my seat belt on the whole time.   they must have been looking for a black SUV for something.

Consuelo's picture

 

 

An article like this is precious - just for the comments... 

Shining example of just how little the average American knows - or cares about, Liberty.   Fact of the matter is that the author is 100% correct.    

Also a shining example of an old saying I passed along to the kid when he was 10 years old:

'There are those who rule, and those who want to be ruled'.  

Fear the latter...

gilhgvc's picture

This guy would never have been in the crosshairs of law enforcers at all, except he was a walking litany of crime. you know the rules you choose to put yourself in that position...of being a clueless idiot....you takes your chances. should those things be illegal..who the fuck knows anymore, my idiot fellow citizens seem to think so. don't do the crime if you don't want to do the time

Arrow4Truth's picture

Crimes? Hardly. Who was harmed? No harm, no crime. Suggest you get a legal dictionary and read the State and Federal codes. They are called codes for a reason... they're not written in plain English. Get a legal dictionary and many of the codes/statutes mean something entirely different than what you think... or what you were told to think. Wake the fuck up. He needs to file some claims against some indemnity bonds and place personal claims against those "officers" involved... the prosecutor, and so-called judge included. This shit will never stop until they are forced to pay for the real crimes... 18 USC 241 & 242 (Deprivation of Rights & Deprivation under Color of Law). Add Extortion (18 USC 872), Perjury/False Declarations (18 USC 1623)... the list goes on and on. Get smart boys and girls. 

MR166's picture

The very same bleeding hearts will be the first people to advocate stricter gun laws with an outright banning of legal gun ownership as their ultimate goal. 

Chandos's picture

I kept thinking...''...so....this guy was Black...no?...tail light gone? no permit? gun? drugs?......''  What are the odds?

Am I an iredeemable raci(al)st? ....prolly yeah...

That being said, at some point you gotta say, that guy was pushing his luck....And an arrest scene is not the place to question philosophical aspects of the law, like ''Why should I need a permit in the first place?''  - not saying the guy did that but still... -

I think I can fairly say that in 35 years of driving, I have never once driven without a proper permit and identification, but hey...tha's just me....

ILIKEMITTENS's picture

I thought the same thing. Well, wondered the same thing. But i also thought-does it matter? No it doesnt. Nobody deserves to be stopped, harrassed, kidnapped at gun point,fined, thrown in a cage and have all their shit stolen no matter what "color" they are. This cuntry and its many many laws is way too greedy. Thats all it is. Pure and simple. Greed. Any and every way they can find to fleece you, ensuring you never have the ways or means to challenge their  "authority". So that we all remain their slaves, forever paying into the system, the one thats designed to keep us under their thumb, subserviant to THEM. So that they are filthy rich and we just manage to survive. Its called socialism but the teevee wont tell anyone that so nobody belives it. They only believe what the jooobox says, and it says we're all freeeeeee!

All my friends from the prison they ask unto me

How good how good does it feel to be free?

And i answer them so mysteriously

Are birds free from the chains of the skyway?

MR166's picture

The bleeding hearts here are upset that someone got busted because of a tail light.   Well you know what, if you have illegal drugs in your possession perhaps, just perhaps you should not be carrying a gun.  

Nostradumbass's picture

How about don't be stupid?

Make certain that your vehicle is operating legally and properly and don't carry unlawful items with you unless you are prepared to have these things discovered.

 

 

Arrow4Truth's picture

18 USC 31 (6) Motor vehicle - The term “motor vehicle” means every description of carriage or other contrivance propelled or drawn by mechanical power and used for commercial purposes on the highways in the transportation of passengers, passengers and property, or property or cargo.

18 USC31 (10) Used for commercial purposes.— The term “used for commercial purposes” means the carriage of persons or property for any fare, fee, rate, charge or other consideration, or directly or indirectly in connection with any business, or other undertaking intended for profit.

I don't own a vehicle. Items are not unlawful... they are illegal. Two entirely different things.

Nostradumbass's picture

unlawful - illegal good point.

Posa's picture

"Why should you be forced to pay for a license in order to travel down public roads?"

Oh God, the Ghost of Ayn Rand strike again... sure let any jackass get behind a wheel who can't pass a simple driving test... until he rear ends your family at 93 mph...

Battlefield USA's picture

Hey dumb-ass. The drunk driver that killed my first wife had a... LICENSE!

 

MOST drunk drivers have a... LICENSE.

 

Almost every single person who gets pulled over for some dumb-ass AND NOT SO dumb-ass infraction... HAS A LICENSE!

 

WTF did a LICENSE... prevent?

 

There are more JACK-ASSES on the road with a LICENSE... than there are JACK-ASSES... without a LICENSE.

 

You have been tutored... dumb-ass.

SPQR 70AD's picture

asshole the fucking insurance pays for it. 35K people die a year in cars more get mangled. THEY ALL HAD LICENSES

Common_Cents22's picture

i was harrassed by 4 units in the burbs at 11pm for a license plate light out.  No speeding, no swerving, no nothing, but a licence plate light out.    4 squad units made me walk the plank and got nothing.  They are a bunch of idiot boys club looking to use any excuse to harrass citizens.  Especially in the burbs where they see very little crime, they all joke about screwing with the citizenship.    My cop buds in urban areas are too busy dealing with real crime to bother harrassing people, but not in the burbs.

Arrow4Truth's picture

Send the City an invoice for the time they stole from you... say for $10K. They might just pay it, no questions asked to avoid civil liability. 

Sudden Debt's picture

That fucker should indeed be thrown in jail.

Those laws prevent complete idiots from driving cars, having accidents where they flee from and if something happens they don't have the insurance or money to pay for the damages.

HOW THE FUCK DID AN ARTICLE LIKE THAT LAND ON ZEROHEDGE????

 

Heywood Jablomi's picture

those laws prevent idiots from driving, really? that's like saying banning guns in public buildings will prevent shootings. ...and the purpose of insurance is to protect yourself and your property, not others. you're the fucking idiot.

Mr. Universe's picture

The state always watches out for us citizens. I guess that's why California allows illegal aliens driver's licenses and voter registration. To protect us.

Sudden Debt's picture

That fucker should indeed be thrown in jail.

Those laws prevent complete idiots from driving cars, having accidents where they flee from and if something happens they don't have the insurance or money to pay for the damages.

HOW THE FUCK DID AN ARTICLE LIKE THAT LAND ON ZEROHEDGE????

 

Lucky Leprachaun's picture

The central premise of this article - you should be charged only for the offence for which yu were stopped - is nonsensical. What if the guy had been an escaped murderer?

Heywood Jablomi's picture

then he would be charged with being an escaped murderer you stupid fuck.

Abaco's picture

Illiterate shit.  You did not understand the central premise of the article which is that there should be no crime where the is no victim. Fucking idiot.

Lucky Leprachaun's picture

The central premise of this article - you should be charged only for the offence for which yu were stopped - is nonsensical. What if the guy had been an escaped murderer?

ihatebarkingdogs's picture

"where was the victim when his light burned out?"

I wish the lights WOULD burn out on some of the current crop of vehicles. These damn LED's are too damn bright. Especially on the cheapo Toyotas, Kia's and Hyundais. The Pulse Width Modulation that makes them dimmer in tail-light mode than when in brake or turn mode is detectible to the human eye, and is annoying as fuck. Some of the Audi's, Benzes. and Porsches have a different style of lighting than the multi-point LED's, and aren't as annoying.

Conax's picture

Oink oink, got any munny on ya? Snarf snarfle

Where'd ya get this?

BS, you're too stupid to have a jerb!

~AG Sessions approves of this message~

 

ihatebarkingdogs's picture

Ask any LEO's opinion of the depicted stop and arrest and they will respond "Yep, that was a good one". LEO's exist to fuck with people, and make their life tough. They carry a badge and a gun, so they can. Today's ex-military, Sand-Box veteran LEO is not the same deal as yesteryear's "policeman". These roided-up room temprature IQ dudes can't make a logical decision. They just want to fuck with people while they make it to age 50 retirement at a couple hundred K a year in pensions and bennies. Fuck 'em.

Having said that, the article was terrible. Most of the comments are much better.

Nostradumbass's picture

I want to see a citizen oversight of public safety personnel retirements. If any of these heroes takes a disability retirement and is ever caught on a pair of skis, climbing a ladder, running, etc. I want them to be held criminally liable for fraud and their pensions reduced to 1/2 or less after they get out of jail.

I know for a fact that this disability retirement scam is widespread in police and fire agencies.

Common_Cents22's picture

absolutely esp in the metro area burbs where there is little crime, these idiots in their brand new unmarked cars harrass the heck out of people

RafterManFMJ's picture

Having said that, the article was terrible. Most of the comments are much better.

Well that's been the norm for some time now...

iamerican4's picture

Harvard gets away with its false-elite scam because papist perverts and the Mob control Massachusetts.

Who would live there? And the weather.

Karma's a bitch. 

Clock Crasher's picture

There is only one way to solve this problem.

Abolish the right to travel completely.  When no one can travel or "drive" no one can be liable for statuory violations involving driving.

Brand everyone with laser scan and give them universal basic traveling income complete with AI Uber cars/trucks and buses.

Amend the constitution NOW.

darkstar7646's picture

Oh, child.  You actually think you have rights in this country.

Be lucky your semi-hypothetical case wasn't shot for actually stating the words "sovereign citizen" or somesuch.

taketheredpill's picture

 

Licensure does little in the way of public safety. It is a vehicle to collect more money and keep track of citizens.

 

 

Zerohedge should require Licensure before people can post articles.  This will protect people from reading articles like this and damaging their brains.

 


Abaco's picture

Licensure is an assault on linberty.  Why do these little prick state politicians think there are no limits to what they can legislate?