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Lawful Authority Making You the Head and not the Tail

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  • Barry
    Here s your challenge, should you decide to accept it. J Can you find the equivalent authority in your state? Also, can you tell me where I got the head/tail
    Message 1 of 2 , Oct 19, 2012
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      Here's your challenge, should you decide to accept it. J Can you find the equivalent authority in your state?

       

      Also, can you tell me where I got the head/tail reference in the subject line?

       

      16-2.5-137. Adult probation officer

       

      An adult probation officer is a peace officer while engaged in the performance of his or her duties whose authority shall be limited pursuant to part 2 of article 11 of this title.

       

      16-11-208. Officer's appointment - salary - oath

       

      (1) Probation officers shall be appointed pursuant to the provisions of section 13-3-105, C.R.S., and shall not be removed except for cause.

       

      (2) Before entering upon the duties of his office, each probation officer shall take an oath of office as an officer of the court, as prescribed by law.

       

      16-11-209. Duties of probation officers

       

      (1) It is the duty of a probation officer to investigate and report upon any case referred to him by the court for investigation. The probation officer shall furnish to each person released on probation under his supervision a written statement of the conditions of probation and shall instruct him regarding the same. The officer shall keep informed concerning the conduct and condition of each person on probation under his supervision and shall report thereon to the court at such times as it directs. Such officers shall use all suitable methods, not inconsistent with the conditions imposed by the court, to aid persons on probation and to bring about improvement in their conduct and condition. Each officer shall keep records of his work; shall keep accurate and complete accounts of all moneys collected from persons under his supervision; shall give receipts therefor and shall make at least monthly returns thereof into the registry of the court or as he may be ordered; shall make such reports to the court as are required; and shall perform such other duties as the court may direct.

       

      § 18-8-115, C.R.S. (1986 Repl.Vol. 8B):

       

      It is the duty of every corporation or person who has reasonable grounds to believe that a crime has been committed to report promptly the suspected crime to law enforcement authorities ....

       

      18-8-404 C.R.S.  First degree official misconduct.

       

      (1)  A public servant commits  first degree official misconduct if, with intent to obtain a benefit for  himself or maliciously to cause harm to another, he knowingly:

      (a)  Commits an act relating to his office but constituting an unauthorized exercise of his official function; or

      (b)  Refrains from performing a duty imposed upon him by law; or

      (c)  Violates any statute or lawfully adopted rule or regulation relating

      to his office.

       

      (2)  First degree official misconduct is a class 2 misdemeanor.

       

      "Characteristically the Court has defined these elements by identifying the circumstances in which qualified immunity would not be available. Referring both to the objective and subjective elements, we have held that qualified immunity would be defeated if an official "knew or reasonably should have known that the action he took within his sphere of official responsibility would violate the constitutional rights of the [plaintiff], or if he took the action with the malicious intention to cause a deprivation of constitutional rights or other injury . . . ." Harlow v. Fitzgerald, 457 US 800, 815 - Supreme Court 1982.

       

      "We therefore hold that government officials performing discretionary functions, generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known." Harlow v. Fitzgerald, 457 US 800, 815, 818 - Supreme Court 1982.

       

      "Malice, in common acceptation, means ill will against a person, but in its legal sense it means a wrongful act, done intentionally, without just cause or excuse."

       

      `Malice,' in law, simply means a depraved inclination on the part of a person to disregard the rights of others, which intent is manifested by his injurious acts. Tinker v. Colwell, 193 US 473, 485-7 - Supreme Court 1904

       

      Article 12 Section 4 Colorado ConstitutionDisqualifications from holding office of trust or profit. No person hereafter convicted of embezzlement of public moneys, bribery, perjury, solicitation of bribery, or subornation of perjury, shall be eligible to the general assembly, or capable of holding any office of trust or profit in this state.

       

      Article 12 Section 8.  Colorado Constitution.  Oath of civil officers. Every civil officer, except members of the general assembly and such inferior officers as may be by law exempted, shall, before he enters upon the duties of his office, take and subscribe an oath or affirmation to support the constitution of the United States and of the state of Colorado, and to faithfully perform the duties of the office upon which he shall be about to enter.

       

      24-12-106 C.R.S. False swearing or affirming, perjury.

       

      All oaths and affirmations, affidavits, and depositions administered or taken shall subject any person who swears or affirms falsely and willfully, in the matter material to any issue or point in question, to the penalties inflicted by law on persons guilty of perjury in the first degree.

       

      Cotting v. Kansas City Stock Yards Co., 183 US 79, 84 (1901) addresses arbitrary power:

       

      "It has been wisely and aptly said that this is a government of laws and not of men; that there is no arbitrary power located in any individual or body of individuals; but that all in authority are guided and limited by those provisions which the people have, through the organic law, declared shall be the measure and scope of all control exercised over them." Id. @ 84. [emphasis mine]

       

      18-17-103. Definitions

       

      (5) "Racketeering activity" means to commit, to attempt to commit, to conspire to commit, or to solicit, coerce, or intimidate another person to commit:

       

      (b) Any violation of the following provisions of the Colorado statutes or any criminal act committed in any jurisdiction of the United States which, if committed in this state, would be a crime under the following provisions of the Colorado statutes:

       

      (I) Offenses against the person, as defined in sections 18-3-102 (first degree murder), 18-3-103 (second degree murder), 18-3-104 (manslaughter), 18-3-202 (first degree assault), 18-3-203 (second degree assault), 18-3-204 (third degree assault), 18-3-206 (menacing), 18-3-207 (criminal extortion), 18-3-301 (first degree kidnapping), 18-3-302 (second degree kidnapping), 18-3-501 (trafficking in adults), 18-3-502 (trafficking in children), and 18-3-503 (coercion of involuntary servitude);

       

      (VII) Offenses involving governmental operations, as defined in sections 18-8-302 (bribery), 18-8-303 (compensation for past official behavior), 18-8-306 (attempt to influence a public servant), 18-8-402 (misuse of official information), 18-8-502 (first degree perjury), 18-8-503 (second degree perjury), 18-8-603 (bribe-receiving by a witness), 18-8-606 (bribing a juror), 18-8-608 (intimidating a juror), 18-8-609 (jury-tampering), 18-8-610 (tampering with physical evidence), 18-8-703 (bribing a witness or victim), 18-8-704 (intimidating a witness or victim), and 18-8-707 (tampering with a witness or victim);

       

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    • frogfrmr@frogfarm.org
      ... I used to carry copies of a Constructive Notice designed for traffic stops. I got to use it twice, and it worked both times, getting me wished a nice
      Message 2 of 2 , Jan 3, 2013
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        > “Characteristically the Court has defined these elements by
        > identifying the circumstances in which qualified immunity
        > would not be available. Referring both to the objective and
        > subjective elements, we have held that qualified immunity
        > would be defeated if an official "knew or reasonably should
        > have known that the action he took within his sphere of
        > official responsibility would violate the constitutional
        > rights of the [plaintiff], or if he took the action with the
        > malicious intention to cause a deprivation of constitutional
        > rights or other injury . . . ." Harlow v. Fitzgerald
        > <http://scholar.google.com/scholar_case?case=134869208311860
        > 38844&q=%22qualified+immunity%22&hl=en&as_sdt=4,60> , 457 US
        > 800, 815 - Supreme Court 1982.
        >
        > “We therefore hold that government officials performing
        > discretionary functions, generally are shielded from
        > liability for civil damages insofar as their conduct does
        > not violate clearly established statutory or constitutional
        > rights of which a reasonable person would have known.”
        > Harlow v. Fitzgerald
        > <http://scholar.google.com/scholar_case?case=134869208311860
        > 38844&q=%22qualified+immunity%22&hl=en&as_sdt=4,60> , 457 US
        > 800, 815, 818 - Supreme Court 1982.

        I used to carry copies of a "Constructive Notice" designed for traffic
        stops. I got to use it twice, and it "worked" both times, getting me
        wished a nice day.

        Now that they carry microphones and cameras you can do it verbally.

        > "Malice, in common acceptation, means ill will against a
        > person, but in its legal sense it means a wrongful act, done
        > intentionally, without just cause or excuse.”

        "Don't TASE me Bro, I'm not resisting."

        >> Article 12 Section 8. Colorado Constitution. Oath of civil
        > officers. Every civil officer, except members of the general
        > assembly and such inferior officers as may be by law
        > exempted,

        So I ask, "Do you have any special exemptions?"

        > shall, before he enters upon the duties of his
        > office, take and subscribe an oath or affirmation to support
        > the constitution of the United States and of the state of
        > Colorado, and to faithfully perform the duties of the office
        > upon which he shall be about to enter.

        Many do it days or weeks later, or never. It pays to know. When such a
        violation is discovered, most people permit it. Too bad.

        > 24-12-106 C.R.S. False swearing or affirming, perjury.
        >
        > All oaths and affirmations, affidavits, and depositions
        > administered or taken shall subject any person who swears or
        > affirms falsely and willfully, in the matter material to any
        > issue or point in question, to the penalties inflicted by
        > law on persons guilty of perjury in the first degree.

        Ever hear of a man filing a complaint for that?

        > Cotting v. Kansas City Stock Yards Co., 183 US 79, 84 (1901)
        > addresses arbitrary power:
        >
        > “It has been wisely and aptly said that this is a government
        > of laws and not of men; that there is no arbitrary power
        > located in any individual or body of individuals; but that
        > all in authority are guided and limited by those provisions
        > which the people have, through the organic law, declared
        > shall be the measure and scope of all control exercised over
        > them.” Id. @ 84. [emphasis mine]

        I've done really well ever since I decided to take control and exercise
        supreme authority whenever self-admitted fiat servants get uppity.

        > (5) "Racketeering activity" means to commit, to attempt to
        > commit, to conspire to commit, or to solicit, coerce, or
        > intimidate another person to commit:

        Paul Andrew Mitchell exercises his right to act as a Private Attorney
        General so as to combat the racketeers who have taken over offices of
        government. I threaten to exercise it, but haven't had to yet, since I
        only want to be left alone and gave up trying to convince anyone of
        anything.

        Regards,

        FF
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