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| Mike and Harold believe that if you do not know your rights,
your rights can be violated by some members of law enforcement who are not
abiding by the Constitution. Members of law enforcement are required to
take an oath of office which includes that they swear to uphold the United
States Constitution. We would like to state that we appreciate the members of law enforcement who are doing their job appropriately upholding the constitution while risking their lives to protect the community. We support you. However, not all members of law enforcement are conducting themselves appropriately and the citizens need to know their rights under the law. Let's examine the 1st Amendment which provides for free speech and your right to seek redress from Governmental bodies. You have a right to speak freely without threat at public meetings. Public meetings are the appropriate place to speak about local public concerns. You have a right to file valid complaints with the appropriate Government agencies. You have a right to file a legal action after attempting to resolve the matter through legal means. However, the reality is that evidence shows some public officials are retaliating against citizens who speak out or file complaints or legal actions. The retaliation as documented shows a pattern and practice of violating the civil rights of citizen and Government whistleblowers. Let's examine the 4th amendment, your right to be secure in your home and property. For example, some employees of Children Services and Code Enforcement are violating the IV Amendment of the United States Constitution. These employees can not legally enter your home without a search warrant. If these employees attempt to enter your home, request to see the search warrant. The search warrant requires that it is signed by a judge with a court seal, has to show the authority under the law (California Penal Code Section 1523 through 1542) and may require an affidavit to be legal. The search warrant should clearly state what their purpose is and what they are specifically searching for. Remember that every action that a public employee takes has to be based on the authority in the law. If an officer is questioning you, ask "Am I under investigation?". If you are not under investigation, you are not required to answer the questions. If you are under investigation, ask the officer what the investigation is concerning. What is the alleged violation of law being investigated? If the officer is preparing to arrest you, ask the officer, "under what authority are you arresting me?" Be cooperative and calm but ask these legitimate questions. We would like to encourage citizens to have tape recorders and video cameras to record interactions with law enforcement. A video camera is one of your best defenses when it comes to law enforcement conducting themselves improperly. Code Enforcement is to use an Administrative Warrant which allows entry only if there is an immediate threat to the health and safety of the occupants. The authority under the law is Civil Code of Procedures Section 1822.50 through 1822.60. Case Law on these issues: People vs. Tillery, 99 Cal App 3d 975 and Alexander vs. San Francisco. Concerning an automobile, the law enforcement officers can not legally search your car without your permission. They would be required to have probable cause and to get a search warrant signed by a judge. Remember the 5th Amendment which gives you the right to remain silent. You can not be forced to be a witness against yourself. Remaining silent is one of the smartest things you can do when being questioned by law enforcement, especially without an attorney present. Always state that you want an attorney who represents you present during questioning. The 5th and 6th Amendments state that property can not be taken from you, your life can not be taken from you nor your liberty taken from you without fair due process of law. This means that there has to be a fair hearing, that all exculpatory evidence (evidence that shows you are innocent) and evidence showing guilt is to be presented to you through what is called discovery. You have the right to all evidence and to examine this evidence before your trial. Become familiar with the different ways that you can plead, guilty, not guilty, nolo contendere, as outlined in California Penal Code Section 1016 through 1027. Prepare yourself through learning everything you can about the legal process. Attend court a few times to become familiar with the proceedings. Constantly ask for the laws that apply to your case. Read them. You have the right to act as co-counsel in your own criminal case. This can be beneficial because then you are allowed to speak and to file documents with the court. Remember if you do not understand something in court, tell them that you do not understand. They are required to assist you in understanding the proceedings. You have the right to examine law enforcement personnel files for any similar complaints through a Pitchess Motion. See 1963 U.S. Supreme Court case, Brady vs. Maryland. You have the right to request that all witnesses be required to stay outside during testimony. You have the right to be at all hearings that will affect your case (check because sometimes they don't follow the rules and hold hearings without you, this is called "Ex-Parte hearings"). If the prosecution is aware of evidence that would show your innocence, the prosecution has the duty to bring this information in front of the court. If you have any evidence showing your innocence, make the prosecution aware of this evidence by mailing it via certified mail to both your defense attorney and the prosecutor in your case. In Jean vs. Collins, the courts agreed to dissolve qualified immunity in a case where exculpatory evidence is purposely withheld. The courts determined that it was a violation of your civil rights to withhold exculpatory evidence. This decision allows a citizen to sue for violation of civil rights if the prosecutor knowingly withholds evidence that indicates your innocence. We have observed criminal court cases last 3 to 4 years in San Bernardino County. The citizen would be required to sign a waiver of their right to a speedy trial. The long running criminal trials increase the attorney fees, the stress on the citizens, require numerous court appearances (don't miss one) and appear to be intentional. However, sometimes you may want to delay your trial so that you can become more prepared to defend yourself. Remember your rights to fair due process as outlined in the United States Constitution under the 6th Amendment. Everytime you feel that your right to fair due process is being violated. Request to see your court file. The court file is public record and you have a right to see it and obtain copies of any of the pages. Sometimes they have another file called the "overflow file". Make sure they provide you with all files on your case. Pay attention to details, take copies of all minute orders, all law enforcement reports, search warrants, affidavits, etc. Ask where the court records are for search warrants and go there to request a copy of your search warrant, affidavit, and property return (lists all the items taken). Your best defense is knowledge. Become familiar with the Penal Code, the Civil Code of Procedure, and other laws. Because the prosecution will tell you that ignorance is not a valid excuse. Our Governmental bodies have been creating numerous new laws that it is wise to be aware of them. Remember to make sure that everything that can assist your defense is put into the court record. This is important because you can only appeal what is a record of the court. We have observed the prosecutor and defense attorney intentionally omitting important evidence that may help the defendant. A member of Civic USA: "These words in the United States Constitution are difficult to fully understand until you have an experience where these rights are tested. I have become intensely aware of the importance of these rights because I have personally experienced the unlawful deprivation of these rights from innocent citizens by Government employees. I have seen citizens unlawfully arrested for speaking at public meetings. I have reviewed evidence showing conspiracy to file and prosecute false criminal charges in retaliation for the citizen's lawful exercise of their 1st Amendment Right to seek redress of grievance from their Government and to free speech. I have reviewed evidence of a conspiracy to illegally enter a citizen's home and take property without the authority of a warrant to illegally gain control of evidence needed for a Federal Civil rights case. I have reviewed evidence documenting the unlawful alteration of court documents. Conspiracy to obstruct justice." |
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| U.S. Constitution
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| Amendments to the Constitution of the United States of America | |
| 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. | |
| A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed. | |
| 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. | |
| 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. | |
| In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense. | |
| Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. | |
| Section. 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. | |
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