Unlawful Arrest / False Imprisonment

If you believe the statutes apply to you, you should be aware of the following: When an individual is detained, without warrant and without having committed a crime (traffic infractions are not crimes), the detention is a false arrest and false imprisonment.

 

Adventures Into Sovereignty ~ Oct 10, 2014 ~ Featuring Tex Mason
Tex Mason has spent the last six years studying law and commerce with single-minded devotion. He will share what he has learned about Commercial Status and Commerce in General. Tex teaches Trust Law and various techniques he has perfected through personal experience. As Administrator for www.THCTrust.org, he and his researchers have a goal to free those who are wrongfully incarcerated.

DAMAGES AWARDED

TREZEVANT v. CITY OF TAMPA, 741 F2d 336 (11th Cir. 1984)

Motorist illegally held for 23 minutes on a traffic charge was awarded $25,000 in damages. (Sets foundation for $ 75,000/hr., 1,800,000/day)

 

CIVIL RIGHTS

SANDERS v. ENGLISH, 950 F2d 1036 (6TH Cir. 1992)

False arrest, illegal detention (false imprisonment), and malicious prosecution are recognized as causes of action under Title 42, Section 1983.

 

PRECEDENT

JAMES v. KENTUCKY, 466 US 341, 80 LED 2d 346, 104 SCt. 1830 (1984)

The supreme court held that state statutes did not take precedent over constitutional law.

BROWN v. TEXAS, 443 US 47, 61 LED 2d, 357,99 SCt. 2637 (1979)
MOYA v. US, 761 F2d, 322 (7th Cir. 1958)

People are entitled to refuse to provide information to police. Moya went to the supreme court and back. (held to be valid)

Padelford, Fay & Co. v. The Mayor and Alderman of the City of Savannah, 14 Ga. 438 (1854)

“But, indeed, no private person has a right to complain, by suit in court, on the ground of a breach of the constitution. The constitution, it is true, is a compact [contract], but he is not a party to it. The States are a party to it.”