The following does not necessarily reflect the views of this blog or its managers. The following was submitted to us by local Citizens that were unjustly Live Stopped like so many countless others. The following paragraphs, sentences and script are not legal advice are not to be misconstrued as such by any means. This is simply what the original authors of these words would do if they were to be Live Stopped again. We are not telling you what to do in any way shape or form legally or non-legally.
By proceeding to read, copy, repeat or print the below information, you acknowledge that the following is not to be taken as legal advice, legal guidance, legal direction or legal instruction in any manner.
It is simply an anecdote, a relating of what they would do if they were to be Live Stopped again.
This right is being reserved by We the People, Citizens of the USA living sovereignly under the Constitution and the Bill of Rights which guarantee all Citizens Freedom of Speech and Press and Assembly via the First Amendment which reads :
Amendment 1 - Freedom of Religion, Press, Expression
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.Proposed 9/25/1789
This having been said and stated, if these Citizens were to be "Live Stopped" again by police in the city of Philadelphia, they have written the following (We would like to thank you Lilian and Edward for this submission):
"If we were to be Live Stopped again this is what we would do :
1) We would inform the police officer(s) calmly and firmly that they are violating our Constitutional Rights and, hence, our Civil Rights by being the direct agents that are violating the Fourth, Fifth and Fourteenth Amendments which govern the government's protocol, in all 50 States of the Nation, on how to conduct Search and Seizure of Citizens' Private Property and that guarantee us Due Process before having our Private Property seized by the government. The officers must be informed that the Constitution is, without exception, the Supreme Law of the Land and that no State or Municipal law can violate It.
2)We would inform the officer(s) that we are going to sue them personally via a Constitutional Law or a Civil Rights Attorney and that we are going to go after them personally with a lawsuit for violating our Constitutional rights and that we are not going to sue their superiors, nor the Philadelphia Police Department, nor the City of Philadelphia but them, the actual officer(s) personally, for being the direct agents that are violating our Civil Rights by violating the Fourth, Fifth and Fourteenth Amendments.
Side note : The Constitution and the Bill of Rights are the Supreme Law of the Land. There is no municipal nor state government that has the right to override the Constitution and the Bill of Rights. Live Stop doesn't qualify for this right. Police officers and government officials are PUBLIC SERVANTS. They are not autocrats, tyrants, nor dictators. We the People are not their servants and will not be their victims. We the People rule the land and government via the Constitution. America is not a monarchy. There are no kings and queens in this land. From the president of the Nation, to the governor of a state, to the mayor of city, all of us are are equal citizens.
3) We would then state to the officer(s) that they are operating outside the "Color of Law" which means that they are no longer indemnified from personal legal action against them. A police officer is a law enforcer and as long as they are enforcing the law, they cannot be personally sued for such because the "Color of Law" protects them while on duty. Since they are breaking Constitutional Law by implementing Live Stop and thus violating the Fourth, Fifth and Fourteenth Amendments of the Constitution and the Bill of Rights, they are now, in effect, operating outside the "Color of Law". Hence, they are no longer cloaked by indemnification via "Color of Law" and our Constitution Lawyer or Civil Rights Attoryey will be contacting them notifying them of a personal lawsuit against them the officer(s) for violating our Constitutional Rights and Civil Liberties and they will pay the price for their Constitutional violations. Not their superiors, not the police department, not the city, but they themselves will be held accountable for violating Constitutional law directly.
4)We would state to the officer(s) that we are going to report them to the Police Advisory Commission (aka PAC) and file a complaint against them personally via PAC for violating our Constitutional and Civil Rights protected by the Fourth, Fifth and Fourteenth Amendment and that we are going to have this complaint put on their personal job performance record.
Sidenote : If a police officer treats you offensively, demeaningly or sadistically, this is something that should also be memorized and submitted on your Police Advisory Commission complaint. We are constantly hearing that many police officers are "throwing their weight around" and psychologically intimidating the average every day citizenry while implementing Live Stop. It feels and sounds as if we are back in the "Rizzo Era of Police Set Loose" . This is why PAC was established. This is what PAC is for.
The Police Advisory Commission's website is http://www.phila.gov/pac/index.html . PAC has no vested interest with the police department of Philadelphia. The people that answer the phones to help the public citizenry are quite well mannered, articulate and extremely well informed and ready to assist you in having a complaint filed or grievance filed. Your complaint is thoroughly and properly handled and pursued. It isn't just thrown into some shredder by some "buddy" police officer.
File your complaint against the police office with PAC first. If you do it via the Philadelphia police department with all its corruption, your complaint will probably wind up in a trash can or shredder or a blind eye will simply be turned to it.
Again, PAC is not part of the police department. It stands on its own and they will make sure that your complaint is seen through to the end and registered and that it takes its toll on the officer(s) for their actions.
So, to sum it up, we would let the officer(s) know that they are operating outside the "Color of Law" by violating your Fourth, Fifth and Fourteenth Amendments' Constitutional and Civil Rights by Seizing your Private Property and Seizing it without Due Process and that they, therefore, have exposed themselves to a Constitutionally based lawsuit to be filed against their persons and that you are also going to file and register a complaint against their performance via the Police Advisory Commission (PAC).
People, KNOW YOUR CONSTITUTION AND BILL OF RIGHTS. Go to http://www.usconstituiton.net/xconst.html Print it out. Keep a copy in your car so when you are Live Stopped you can educate the police officer on the Constitution and the Bill of Rights. Get to know a Constitutional or Civil Rights attorney personally. Most don't charge for initial consultations. It is a necessity that you know a lawyer specializing in Constitutional Law these days when the Constitution is flagrantly being violated across the board and across the Land. Type in Constitutional lawyer or Civil Rights attorney in Google or any other online search engine and the name of the city where you reside and get to know them. Also, there are many wonderful groups that you can find online that work to educate the people on their Constitutional Rights. Call your local Lawyer Bar Association and get their list of Constitutional and Civil Rights lawyers. Take action before you find your self and your children slaves of a state that you just wake up to one day.
For information's sake, below are listed some of the Amendments that we believe Live Stop is violating.
Notes for this amendment: Proposed 9/25/1789
Amendment 4 - Search and Seizure
"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
Sidenote: Does Live Stop make you, the Citizen, secure in your persons, papers and effects against unreasonable seizure? Was a legally binding Oath or affirmation made before your car was seized?
U.S. Constitution - Amendment 5 - Trial and Punishment, Compensation for TakingsNotes for this amendment: Proposed 9/25/1789
"No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."Sidenote : The Fifth Amendment of the Constitution and Bill of Rights guarantees the Citizenry a right to legal due process before the seizing and confiscation of private property.
Due Process can be defined as, "A course of legal proceedings according to those rules and principles that have been established in our systems of jurisprudence for the enforcement and protection of private rights."www.csc.noaa.gov/ptd/glossary.htm
It is also can be defined as follows,"In criminal law, the constitutional guarantee that a defendant will receive a fair and impartial trial. In civil law, the legal rights of someone who confronts an adverse action threatening liberty or property."
Amendment 8 - Cruel and Unusual PunishmentNotes for this amendment: Proposed 9/25/1789
"Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted".
Sidenote : The price to get your car back from the Philadelphia parking authority via Live Stop is outrageous. Are not the fines for being Live Stopped excessive? Seizing a person's car because they forgot to register their car or forgot to put their insurance card in their car is cruel and unusual punishment.
Amendment 14 - Citizenship Rights
1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.Sidenote: Again, there goes the key operative words DUE PROCESS. No State shall make a law depriving the Citizenry of Life, Liberty or Property without DUE PROCESS. When you are stopped and thrown out of your car because you are being "Live Stopped" by a police officer, they are messing with the Fourteenth Amendment which governs CITIZENSHIP RIGHTS of Due Process , Property Rights and Liberty (since your liberty to drive in your car freely and have access to your car were taken away).
Inform them. If the police academy and the school system they came from didn't educate them on the Constitution and the Bill of Rights, We the People, sure can. It's our obligation to them as fellow Citizens. Police are our fellow brothers and sisters. They are being weighed down upon by the same corrupt system that is weighing all citizens down with Live Stop. When they realize the personal cost to them that a law suit will cost them, they can decide if they want to procede with implementing Live Stop on you the Citizen or not.
Live Stop is basically telling us the Citizens that we are guilty before proven innocent. We the Citizens, then get a court hearing AFTER our Property has been Seized and if we don't come up with the money in time to get our car back from the Philadelphia parking authority (which isn't much time at all if you are short on money), the Philadelphia parking authority proceeds to auction off our Private Property to the highest bidder.
Remember, government naturally keeps on growing on the backs and expenses of the common man and woman until the common man and woman stand up and demand the Constitution and the Bill of Rights be implemented."