Traffic Cop Notice

[Policestate1234]

Administrative Notice of Applicable Law
concerning Traffic on the Public Highways in California.
Official Notice Requested (West's Ann.Cal.Gov. Code (2001), § 11515)
JUDICIAL NOTICE REQUIRED (West's Ann.Cal.Evid. Code (2001), §§ 451, 453, 459).

Declarant, ___________________________________________ a natural born, white Man over the age of 18 years of age, one of the people of the united States of America, and currently one of the people of California, is a competent witness and does Declare and Affirm that:

1. The people and the Legislature of California have very clearly recognized that the people of California are the sovereign:

All people are by nature free and independent and have inalienable rights. Among these are enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety, happiness, and privacy.
(emphasis added) West's Ann. Cal. Const. (2000), Article 1, § 1..

(a) The sovereignty of the state resides in the people thereof, and all writs and processes shall issue in their name.
(in part, emphasis added)West's Ann.Cal.Gov. Code (2000), § 100.

In enacting this chapter, the Legislature finds and declares that the public commissions, boards and councils and the other public agencies in this State exist to aid in the conduct of the people's business. It is the intent of the law that their actions be taken openly and that their deliberations be conducted openly.
The people of this State do not yield their sovereignty to the agencies which serve them. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may retain control over the instruments they have created.
(emphasis added) West's Ann.Cal.Gov. Code (2000), § 54950.

2. To the best of my knowledge and understanding at this time, I am riding in my own private automobile in lawful non-commercial usage of the public right-of-way along the public highway.
I am not a "carrier" engaged in "transportation" by driving a "motor vehicle" in "traffic" upon a "transportation route".
While the two activities take place in the same physical place, and look very similar, I believe them to be two separate and distinct activities of two separate and distinct legal characters.
From the information set out below, I have probable cause to believe that you have just stepped outside of your legal jurisdiction. Please continue reading.

3.

a. No officer can acquire jurisdiction by deciding he has it. The officer, whether judicial or ministerial, decides at his own peril.
citing Prosser v. Secor (1849), 5 Barb.(N.Y) 607, 608. Middleton v. Low (1866), 30 Cal. 596.

b. "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;
(emphasis added.) 18 U.S.C.A., § 31.

c. Transportation. The movement of goods or persons from one place to another, by a carrier. Interstate Commerce Com'n v. Brimson, 154 U.S. 447, 14 S.Ct. 1125, 38 L.Ed. 1047.
(emphasis added.) BLACK'S LAW DICTIONARY, Sixth Ed., 13th Reprint (1998), p. 1499.

d. Carrier. Individual or organization engaged in transporting passengers or goods for hire.
"Carrier" means any person engaged in the transportation of passengers or property by land, as a common, contract, or private carrier, or freight forwarder as those terms are used in the Interstate Commerce Act, as amended, and officers, agents and employees of such carriers. 18 UNITED STATES CODE ANNOTATED, § 831. ...
Those whose occupation or business is transportation of persons or things for hire or reward.
(emphasis added.) BLACK'S LAW DICTIONARY, Sixth Ed., 13th Reprint (1998), p. 214.

e. Traffic. Commerce; trade; sale or exchange of merchandise, bills, money, and the like. The passing or exchange of goods or commodities from one person to another for an equivalence in goods or money. The subjects of transportation on a route, as persons or goods; the passing to and fro of persons, animals, vehicles, or vessels, along a route of transportation, as along a street, highway, etc. See Commerce.
(emphasis added.) BLACK'S LAW DICTIONARY, Sixth Ed., 13th Reprint (1998), p.1495.

f. A "traffic officer" is any member of the California Highway Patrol, or any peace officer who is on duty for the exclusive or main purpose of enforcing Division 10 (commencing with Section 20000) or 11 (commencing with Section 21000).
(emphasis added.) West's Ann.Cal.Veh. Code (1999), § 625.

g. Every traffic officer on duty for the exclusive or main purpose of enforcing the provisions of Division 10 or 11 of this code shall wear a full distinctive uniform, and if the officer while so on duty uses a motor vehicle, it must be painted a distinctive color specified by the commissioner...
(in part) West's Ann.Cal.Veh. Code (1999), § 40800.

4. From the definitions above, I have no reason to believe that you are currently a "traffic officer".
I have no reason to believe that you have legal jurisdiction to interfere with my non-commercial usage of the public right-of-way of California public highways under such a pretext.

5. The above information gives me certain rights and obligations:
A. I may Demand legally competent identification in the form of your currently valid Department identification card AND your currently valid CALIFORNIA DRIVER LICENSE from a now-suspicious subject.
B. In the absence of that competent identification, under my Constitutionally-protected Right of Self-defense, I may immediately remove myself and my property from a potentially dangerous situation without permission or hindrance from you.
C. In extremis, under the same Right of Self-defense, I may legally defend myself from a presumptive Attempted Armed Robbery (West's Ann.Cal. Penal (1999), §§ 664/211) committed in my presence and upon the public right-of-way(s) by a person deliberately concealing his identity from me.

6. The above information also gives you certain rights and obligations:
A. You may choose to immediately present to me legally competent identification and then go about your lawful business elsewhere.
B. You may choose to immediately summon your Supervisor to assist ME in resolving my problem with YOU.
C. You may choose, Without Retaliation, Recourse, or Remedy, to leave the situation for prima facie lack of jurisdiction and to go about your lawful business elsewhere.

I certify under the laws of the State of California, that the foregoing is true and correct.

Dated: _________________________________

At: ____________________________________________

Signature: ______________________________________________