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Re: [tips_and_tricks] ID To Enter State Buildings

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  • baer@gap.net
    ... Using administrative means to accomplish what the law will not provide for otherwise is an unlawful form of distraint. Until there is a lawful requirement
    Message 1 of 6 , Nov 23, 2007
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      At 12:25 AM 2007 1120, you wrote:

      >Having no other form of ID, the clerk will not release
      >my transcript until I produce a current license, and
      >the transcript is due by next Monday.
      >
      >I had to go to the appellate court to explain the
      >situation, but the state police would not let me in
      >the building without a current license or state ID.
      >
      >I pressed the issue real hard and got some captain to
      >escort me to the appellate court floor in the building.
      >On the way out, the captain assured me I would not get
      >back in the building without a license or state ID.
      >
      >Has anyone had to deal with a similar situation to gain
      >entry into state buildings, and succeeded by using other
      >forms of ID or argument to gain entry?
      >
      >There has to be a way to deal with ubiquitous agency
      >goons without bowing further into their arms.

      Using administrative means to accomplish what the law will not provide for
      otherwise is an unlawful form of distraint. Until there is a lawful
      requirement for carrying ID, which may very well be impossible, no one can
      be properly denied access to such records. In your case, I'm not even sure
      that anyone can be denied access to the record to the extent that public
      records are always available to the public, without exception.

      One tactic that I have used with limited success is to acknowledge that
      building security is separate issue, and that I will be happy to review
      records in an alternative location reasonably convenient to me, the parking
      lot included. Another is to insist that any agency demanding ID recognize
      its obligation to provide for that ID -- this is something I have done with
      banks for years. I don't think there can be any question that third party
      ID inevitably introduces new security risks of its own, even when the third
      party is the state.

      Finally, I no longer deal with transcripts, noting that transcripts are
      little more than someone else's idea of what took place for which I manage
      to share some responsibility. These days I restrict myself to demanding the
      record, itself, and often can demand that it be conveyed directly to
      whomever it is intended. No one needs your ID if you issue an order to the
      Clerk to convey it to a court directly. There shouldn't even be a fee
      involved; presumably you and the court both have a right to your record
      while the fees are specifically for the service of transcription. Another
      benefit is that it is infinitely more difficult to 'cook' the record, a
      common practice where I come from.

      Baer
    • Email41@aol.com
      Have you considered a suit against the clerk for a deprivation of your rights to redress your grievances, tresspass on the case or at least a writ of habeas
      Message 2 of 6 , Nov 24, 2007
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        Have you considered a suit against the clerk for a deprivation of your rights to redress your grievances, tresspass on the case or at least a writ of habeas for the release of the court record? At the very least, I would be escorted by several witnesses capable of signing affidavits to the effect that you attempted to make yourself available for the scheduled court appearance, but were hindered and detained by armed men supposedly representing the state. Isn't it a felony to interfere with someone who has been summoned to court?

        Illinois Chapter 725 Criminal Procedure

        725 ILCS 220/      Uniform Act to Secure the Attendance of Witnesses from Within or Without a State in Criminal Proceedings.
        (725 ILCS 220/4) (from Ch. 38, par. 156-4)
        Sec. 4. Exemption from arrest and service of process.
            If a person comes into this state in obedience to a summons directing him to attend and testify in this state he shall not, while in this state pursuant to such summons be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before his entrance into this state under the summons.
            If a person passes through this state while going to another state in obedience to a summons to attend and testify in that state or while returning therefrom, he shall not while so passing through this state be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before his entrance into this state under the summons.

        To the best of my knowledge, there is no law that requires you to have a State issued ID.



        Having no other form of ID, the clerk will not release
        my transcript until I produce a current license, and
        the transcript is due by next Monday.

        I had to go to the appellate court to explain the
        situation, but the state police would not let me in
        the building without a current license or state ID.
        I pressed the issue real hard and got some captain to
        escort me to the appellate court floor in the building.
        On the way out, the captain assured me I would not get
        back in the building without a license or state ID.





        "...it is an axiom in political science, that unless a people are educated and enlightened, it is idle to expect the continuance of civil liberty, or the capacity for self government." Quoting the Texas Declaration of Independence; March 2, 1836.


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