Arresting "Dead-Beat" Dads: How Can There Be an Arrest in a Civil Matter without a Crime and Without Probably Cause?
- No civil matter can include arrest!! All traffic tickets are CIVIL!! Civil
matters CAN NOT be heard in a Court of Law but ONLY in a court of Equity. A
good question to ask any pretender judge is: "Is this a court of Law or a
court of Equity?" If he say that it is a court of law then ask how can he
hear a civil matter? They are not allowed to tell you that in 1933 the
venue's were combined and renamed "Statutory Jurisdiction" a Roman style
version of Admiralty Law!!
Pg. 0-3, Opinion Section,
Sunday, June 22, 2003
"On Arresting Deadbeat Dads"
After reading "Deadbeat-parent sweep nets 717 arrests in New Jersey" (Page
A-1, June 15), I can't help wonder what happened to the Fourth
Amendment. Arresting so-called "deadbeats", who in 98 percent of this
sweep happened to be men, involved unconstitutional debt-collection at the
point of a gun. Under N.J. law, NJSA 2A:17-77(a), no female can be
arrested in a civil matter. This creates an unconstitutional gender bias
in arrests for child support.
Under NJSA 40A:14-152 and -152.2, no law enforcement officer can involve
himself in arresting people in civil matters.
Since probable cause under the Fourth Amendment is needed to arrest someone
who has committed or is committing a crime, and child support is a civil
matter, how can one be arrested without probable cause since there's no
In Allen v. City of Portland and Paff v. Kaltenbach, the 9th and 3rd
Circuit U.S. Courts of Appeals, respectively, held there is no probable
cause to arrest in civil matters. The state Supreme Court recently held
that probable cause to arrest can only be found in criminal matters.
Every sheriff's department and officer who took part in this statewide
sweep is liable for damages for false arrest, false imprisonment, assault,
kidnapping, and other causes.
The writer is director of the Fathers Rights Association of New Jersey, a
fathers' rights advocacy group.