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11JAN2024 Handling A Police Traffic Stop, Copyright Sovereignty Education and Defense Ministry (SEDM) http://sedm.org 1
 Handling a
Police
Traffic Stop
Form #09.083
11JAN2024 Handling A Police Traffic Stop, Copyright Sovereignty Education and Defense Ministry (SEDM) http://sedm.org 2
 by:
Sovereignty Education and
Defense Ministry (SEDM)
http://sedm.org
January 11, 2024

11JAN2024 Handling A Police Traffic Stop, Copyright Sovereignty Education and Defense Ministry (SEDM) http://sedm.org 3
11JAN2024 Handling A Police Traffic Stop, Copyright Sovereignty Education and Defense Ministry (SEDM) http://sedm.org 4
 Course Materials
If you want a copy of this presentation
after viewing the course, you can
download it from:

– SEDM Forms Page, Form #09.083

http://sedm.org/Forms/FormIndex.htm

11JAN2024 Handling A Police Traffic Stop, Copyright Sovereignty Education and Defense Ministry (SEDM) http://sedm.org 5
 Disclaimer
• Information appearing in this presentation is educational in nature
• Everything presented is based on:
– Thousands of hours of scriptural and legal research
– Review and use of the resulting research by the over 1 Million people who have visited
and are currently using the SEDM Website and Family Guardian Website
– Continuous feedback from our many readers that have improved the quality of the
information over time
• If you find anything inaccurate in this presentation, our Member
Agreement, Form #01.001 makes it a DUTY of all members to
promptly bring the error to our immediate attention with supporting
evidence so that we may continually improve our materials. Your
evidence must be completely consistent with our presentation
below:
Reasonable Belief About Income Tax Liability, Form #05.007
DIRECT LINK: http://sedm.org/Forms/05-MemLaw/ReasonableBelief.pdf
FORMS PAGE: http://sedm.org/Forms/FormIndex.htm
• The application of this information to your specific legal
circumstances is exclusively your choice and responsibility.
• The information presented is copyrighted and subject to the
copyright restrictions found at:
http://sedm.org/disclaimer.htm
• Our disclaimer is the SAME disclaimer as the U.S. government uses.
See section Internal Revenue Manual, Section 4.10.7.2.7 at:
https://www.irs.gov/irm/part4/irm_04-010-007#idm139859652464096
11JAN2024 Handling A Police Traffic Stop, Copyright Sovereignty Education and Defense Ministry (SEDM) http://sedm.org 6
 DISCLAIMER
• THE FOLLOWING NON-
COMMERCIAL VIDEO IS
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• PLEASE CONSULT OUR DMCA
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11JAN2024 Handling A Police Traffic Stop, Copyright Sovereignty Education and Defense Ministry (SEDM) http://sedm.org 7
 COURSE OUTLINE
1. Dedication
2. Introduction
3. False Freedom Advocate Arguments About Traffic
Stops
4. False Government Arguments About Traffic Stops
5. Things we are NOT and ARE against
6. Summary of State Traffic Laws
7. Police Powers
8. Vehicle Code: Civil or Criminal?
9. Injured party and standing
10. Citations: CIVIL Infraction or CRIMINAL violation?
11. TRAFFIC Court v. CRIMINAL Court

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 COURSE OUTLINE
12. THE PROBLEMS: CIVIL/Franchise
regulation of roadways
1. CIVIL infractions require consent, CRIMINAL violations
do not
2. No injured party at a CIVIL traffic stop
3. Infractions used to CIVILLY raise revenue (taxation)
4. TRAFFIC Court is a FRANCHISE court where
constitution doesn’t apply.
5. CRIMINAL court acting as CIVIL FRANCHISE court
where constitution doesn’t apply for infractions.
6. Licensing instead of Certification. Licenses
unnecessary.
7. Bundling of licensing with unrelated civil franchises:
Social Security, SSNs, tax collection, child support
enforcement, etc. (weaponization of the government)
8. Penalties for Driving without a license

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 COURSE OUTLINE
13.REMEDIES OVERVIEW
1. Right to avoid a CIVIL privilege or benefit
2. Probable Cause
3. Vehicles and drivers as PRIVATE property
4. Even a licensed driver can be OFF DUTY and
Private
5. How were your PRIVATE labor and PRIVATE
property converted to PUBLIC property that can
be regulated or taxed without your consent?
6. Always be the Merchant and never the Buyer of
government CIVIL privileges
7. Unconstitutional Conditions Doctrine

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 COURSE OUTLINE
14.HANDLING THE TRAFFIC STOP
1. Recording the Stop
2. Introduction to the officer
3. Private ID
4. License, Registration, and Insurance please
5. Probable Cause
6. Answering Police Questions
7. Search and seizure
8. Getting out of the vehicle
9. Sobriety Tests
10. Signing the ticket
11. Arrests
12. Towing the Vehicle

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 COURSE OUTLINE
15. Summary and Conclusions
16. Further reading and research

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 Dedication

11JAN2024 Handling A Police Traffic Stop, Copyright Sovereignty Education and Defense Ministry (SEDM) http://sedm.org 13
 Dedication
God’s Delegation of Authority Order, the Bible (Form #13.007) says you CANNOT
consent to give away or even CONTRACT away ANY of the rights He gave you
(Form #10.002). All of the methods of loosing CONSTITUTIONAL or COMMON
LAW protections require you to violate this commandment DIRECT from God:
"I [God] brought you up from Egypt [slavery] and brought you to the land of which I swore to your fathers; and I said, 'I
will never break My covenant with you. And you shall make no covenant [contract or franchise or agreement of
ANY kind] with the inhabitants of this [corrupt pagan] land; you shall tear down their [man/government
worshipping socialist] altars.' But you have not obeyed Me. Why have you done this?

"Therefore I also said, 'I will not drive them out before you; but they will become as thorns [terrorists and
persecutors] in your side and their gods will be a snare [slavery!] to you.'"

So it was, when the Angel of the LORD spoke these words to all the children of Israel, that the people lifted up their
voices and wept.
[Judges 2:1-4, Bible, NKJV]
____________________________________________________________________________________________

“You shall make no covenant [contract or franchise] with them [foreigners, pagans], nor with their [pagan
government] gods [laws or judges]. They shall not dwell in your land [and you shall not dwell in theirs by
becoming a “resident” or domiciliary in the process of contracting with them], lest they make you sin against
Me [God]. For if you serve their [government] gods [under contract or agreement or franchise], it will surely be a
snare to you.”
[Exodus 23:32-33, Bible, NKJV]

For a dramatization of the above, see:

Devil’s Advocate: Lawyers, SEDM
https://sedm.org/what-we-are-up-against/

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 Introduction
• Police traffic stops are a very frequent occurrence to those in the
freedom community.
• More than any other subject, how sovereignty advocates handle
traffic stops is the greatest source of:
– Physical danger of sovereignty advocates.
– Public ridicule of sovereignty advocates.
– Police abuse and “selective enforcement” against sovereignty advocates.
– Government violence against sovereignty advocates.
• In order to preserve your freedom, your life, and your credibility and
that of the freedom community generally, it is therefore VERY
important to learn how to LAWFULLY, respectfully, nonviolently, and
intelligently handle a police traffic stop.
• Traffic stops are a complex interplay between:
– Legal terminology.
– Constitutional law.
– CIVIL statutory law.
– CRIMINAL statutory law.
– FRANCHISE enforcement, often illegally.
– Conflict of interest of police and judges.
• Traffic stops therefore demand thorough understanding of law, calm
demeanor, and doing your homework. They are perhaps the most
complex application of freedom principles we know of.

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 Introduction
• The information we will present here will require repetition and
periodic review so the principles sink in and become instinctual and
intuitive for you. Please take the time in your busy schedule to learn
these concepts. Doing so could literally SAVE YOUR LIFE.
• We have prepared the following handouts that go with this
presentation which you should look at and become familiar with.
You should print these forms out and put them in the vehicle
BEFORE any confrontation with police. You will save yourself a lot
of heartache and improve your safety in doing so.
– Police/Terry Stop Handout, Form #09.078 –this form prevents most of the need to talk
with the officer.
https://sedm.org/Forms/09-Procs/PoliceStopHandout.pdf
– Power of Attorney: Private Conveyance, Form #06.030** (Member Subscriptions)-this
form limits your delegated authority while using the vehicle so that it can’t be towed or
stolen by the police.
https://sedm.org/product/power-of-attorney-private-conveyance-form-06-030/
• This presentation is targeted to educate not only you as a freedom
lover, but also legal neophytes who wear police uniforms, which
quite surprisingly are very common as well.

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 Introduction
• There is a lot of ANTI “sovereign citizen” government
propaganda out there designed to VIOLENTLY RADICALIZE
the police against the freedom community generally. If you
as a police officer are reading this presentation, please take
the time to look at the OTHER side of the story in the
documents below. You are being SYSTEMATICALLY LIED
TO about us and freedom generally to YOUR and OUR
extreme detriment:
– Sovereignty for Police Officers, Form #12.022
SLIDES: https://sedm.org/LibertyU/SovereigntyForPolice.pdf
VIDEO: http://youtu.be/qFDWYLWiE1I
– Policy Document: Rebutted False Arguments About Sovereignty, Form
#08.018
https://sedm.org/Forms/08-PolicyDocs/RebFalseArgSovereignty.pdf
– Sovereignty and Freedom Topic, Section 16: Propaganda Against
Freedom Advocates, Family Guardian Fellowship
https://famguardian.org/Subjects/Freedom/Freedom.htm#PROPAGANDA_
AGAINST_FREEDOM_ADVOCATES:

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 False Freedom Advocate Arguments About Traffic Stops

• False Arguments by Freedom Advocates:

– FALSE STATEMENT: Criminal law or criminal provisions of the vehicle code require consent.
TRUTH: They don’t. Criminal law and common law apply whether you consent or not.
– FALSE STATEMENT: Sovereignty stops criminal enforcement.
TRUTH: Nothing stops criminal enforcement if you committed a crime and they can prove it
and prosecute it successfully.
– FALSE STATEMENT: People who claim sovereignty are not accountable to ANY statutory law.
TRUTH: They are always accountable to the criminal law and the common law, whether they
consent or not. The criminal law is statutory. This is anarchy and its wrong.
– FALSE STATEMENT: Sovereignty allows you to be irresponsible for the damages you cause
others in court.
TRUTH: Courts can hold you responsible for damages no matter what, even if it is only
through the common law or the criminal law that don’t require your consent.
– FALSE STATEMENTS: Sovereignty allows you to cancel debts or invalidate contracts you
signed.
TRUTH: Cancelling contracts or debts without the other party’s consent is STEALING.
– FALSE STATEMENT: The ALL CAPS NAME is a straw man governments use to control you.
TRUTH: The ALL CAPS NAME in connection with a franchise mark or privilege mark such as
a Social Security Number establish civil jurisdiction to enforce the franchise or privilege terms.
You are a public officer or agent under the franchise who is civilly supervised by the grantor.
See:
Proof That There is a “Straw Man”, Form #05.037
https://sedm.org/Forms/05-MemLaw/StrawMan.pdf

• It is an abuse and an unauthorized use of our materials or services to take any

of the above positions. It violates our:
– Member Agreement, Form #01.001
https://sedm.org/Membership/MemberAgreement.pdf
– Terms of Use and Service, Form #01.016
https://sedm.org/Forms/01-General/TermsOfUseAndService.pdf

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 False Government Arguments About Traffic Stops
• False Arguments by Police and Courts:
– FALSE STATEMENT: There is an actionable definition useful in court for what a
“sovereign citizen” is.
TRUTH: There is NO SUCH THING.
– FALSE STATEMENT: SEDM advocates the “sovereign citizen” position.
TRUTH: We don’t. See Form #08.018, Section 5.9.
– FALSE STATEMENT: SEDM advocates anarchism.
TRUTH: False. See:
Policy Document: Problems with Atheistic Anarchism, Form #08.020
SLIDES: https://sedm.org/Forms/08-PolicyDocs/ProbsWithAtheistAnarchism.pdf
VIDEO: http://youtu.be/n883Ce1lML0
– FALSE STATEMENT: Anyone can lawfully be targeted for enforcing the CIVIL
obligations of a civil statutory “driver” without applying for or voluntarily accepting a
driver license.
TRUTH: That is slavery and criminal identity theft.
– FALSE STATEMENT: Anyone can be subject to the provisions of the CIVIL statutory
law without their consent and without a voluntary domicile in all cases.
TRUTH: Domicile is a prerequisite to enforcing the civil statutory law. See Form
#05.002.
– FALSE STATEMENT: Governments can control or regulate or take private property
without consent of the absolute owner.
TRUTH: The Fifth Amendment and state constitutions forbid takings without just
compensation. It is a trespass to interfere with non-harmful uses of private property.
– FALSE STATEMENT: The obligations associated with a civil statutory citizen or
resident are mandatory and cannot be avoided.
TRUTH: They are VOLUNTARY and avoidable by withdrawing domicile and consent.
No one can prosecute you for refusing to vote, serve on jury duty, or file taxes as a
“U.S. person” if you handle it properly and correct your status to that of a nonresident.

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 False Government Arguments About Traffic Stops
– FALSE STATEMENT: Nationality and domicile are both synonymous and together are
called “citizenship”.
TRUTH: They are mutually exclusive but interact with each other. Nationality is
involuntary usually. Domicile is voluntary. See:
Why You are a “national”, “state national”, and Constitutional But Not Statutory Citizen, Form
#05.006
https://sedm.org/Forms/05-MemLaw/WhyANational.pdf
– FALSE STATEMENT: Custom license plates that do not emulate official plates are
FAKE and ILLEGAL.
TRUTH: There is nothing wrong with making your own license plate.
– FALSE STATEMENT: Custom driver licenses that do not emulate any existing
government ID are FAKE and ILLEGAL.
TRUTH: There is nothing illegal about making your own ID.
– FALSE STATEMENT: Compelled domicile or residence or civil statutory obligations
against of those who are nationals but not aliens is lawful.
TRUTH: It is slavery and human trafficking and theft. See Form #05.002.
– FALSE STATEMENT: Social Security is lawful to offer and tax within the exclusive
jurisdiction of a constitutional state among those who don’t consent.
TRUTH: It is NOT lawful. See:
Why You Aren’t Eligible for Social Security, Form #06.001
https://sedm.org/Forms/06-AvoidingFranch/SSNotEligible.pdf
– FALSE STATEMENT: Private property cannot be used as a means to impose
obligations on police or governments who use or benefit from it without the consent
of the private, constitutionally protected owner and without compensation.
TRUTH: Government is a Buyer in the commercial marketplace. If the owner makes
an offer and they accept the offer whether express or implied, they are obligated to
obey the terms of the offer by the owner as Merchant. All that is required is an offer,
notice of the offer, and conduct that signifies acceptance under the U.C.C.

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 False Government Arguments About Traffic Stops
– FALSE STATEMENT: Bundling CIVIL obligations not related to safe roads with the
requirement to have a license does NOT violate the Unconstitutional Conditions
Doctrine, is NOT an unconscionable contract, and does not constitute slavery or theft
or trespass against those who want to travel but don’t want the bundled services.
TRUTH: We call this WEAPONIZATION OF GOVERNMENT. It is a monopolistic
practice, an adhesion contract, and a violation of the Unconstitutional Conditions
Doctrine of the U.S. Supreme Court. See:
SEDM Disclaimer, Section 4.30: Weaponization of Government
https://sedm.org/disclaimer.htm#4.30._Weaponization_of_government
• More information on the above at:
– Rebutted False Arguments About Sovereignty, Form #08.018
https://sedm.org/Forms/08-PolicyDocs/RebFalseArgSovereignty.pdf
– Sovereignty for Police Officers, Form #12.022
SLIDES: https://sedm.org/LibertyU/SovereigntyForPolice.pdf
VIDEO: http://youtu.be/qFDWYLWiE1I

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 Things We Are NOT Against

• We begin this discussion by emphasizing that we are NOT

against :
– The lawfully exercised CRIMINAL police powers of the state ONLY.
– CRIMINAL regulation of the roadways.
– CRIMINAL enforcement of any kind.
– CRIMINAL provisions relating to drunk driving.
– Enforcing the criminal or even the common law WITHOUT consent. Police
don’t need your consent to enforce these things.
– Police officers generally. They are just like us.
– Living responsibly and paying for all the things that belong to others that
you use.
– Raising revenue to pay for the roads we all drive on and enjoy.
– Gas taxes.
– Equality of property rights between the government as owner of the
roadways and operators as the ABSOLUTE and PRIVATE owner of their
vehicles.
– Vehicle registration, but ONLY if it doesn’t become an excuse to sanction
towing or impoundment of the vehicle for any purpose, and especially
unlicensed driving.

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 Things We ARE Against
• We ARE, however, AGAINST:
– Any form of inequality of treatment between the CIVILLY governed and the governors.
An entire government of delegated powers can have no more authority than a SINGLE
human being at least from a CIVIL perspective. See:
Requirement for Equal Protection and Equal Treatment, Form #05.033
https://sedm.org/Forms/05-MemLaw/EqualProtection.pdf
– Enforcing any CIVIL privilege against those who are NOT “aliens” without the need
satisfy the burden or proving CONSENT in some form.
– Compelled participation in any kind of CIVIL franchise, INCLUDING especially
domicile. See:
Why Domicile and Becoming a “Taxpayer” Require Your Consent, Form #05.002
https://sedm.org/Forms/05-MemLaw/Domicile.pdf
– All government franchises, which cause the government to make a profitable business
using the CIVIL law out of alienating rights that are SUPPOSED to be UNALIENABLE.
See:
Government Instituted Slavery Using Franchises, Form #05.030
https://sedm.org/Forms/05-MemLaw/Franchises.pdf
– The entire existence of any franchise court in the Executive Branch, including Traffic
Court, in which the Constitution and the Bill of Rights DO NOT APPLY and there are
no jury trials.
– The abuse of CRIMINAL courts to enforce CIVIL infractions or to act in a FRANCHISE
capacity devoid of CONSTITUTIONAL protections.
– CIVIL or INFRACTION enforcement without satisfying the burden of proving consent in
some form.
– The abuse of the police powers of the state for CIVIL enforcement, including
INFRACTION enforcement or revenue collection.

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 Things We ARE Against
– Corruption within the police community because of ticket quotas or
financial incentives to hand out tickets. This creates financial conflicts of
interest.
– The need for LICENSES. Driver CERTIFICATIONS are sufficient.
– “Selective enforcement” by police officers against political dissidents.
This violates the requirement for equality of treatment.
– Bundling and weaponization of government in connection with the
LICENSING process. This leads to adhesion contracts and literal
SLAVERY. The following things should NOT be bundled with the licensing
process:
» Domicile (nationals) or residence (aliens).
» Social Security participation.
» Child Support Enforcement.
» Voter registration.
» Military draft registration.
» Jury duty.
We call the above “weaponization of government”. See:
SEDM Disclaimer, Section 4.30: Weaponization of government
https://sedm.org/disclaimer.htm#4.30._Weaponization_of_government
– The use of anything BUT gas taxes or mileage taxes to pay for the
roadways. For instance, paying for roadways with income tax revenues.
– Towing or impoundment vehicles of unlicensed drivers.
– Criminal prosecution of unlicensed drivers.
– Forcing the use of Social Security Numbers to get licenses.

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 Summary of State Traffic Laws
• You can find a summary of state traffic laws at:
– State Legal Resources, Family Guardian Fellowship
https://famguardian.org/TaxFreedom/LegalRef/StateLegalResources.htm
– SEDM Jurisdictions Database, Litigation Tool #09.003
https://sedm.org/Litigation/09-Reference/SEDMJurisdictionsDatabase.pdf
– SEDM Jurisdictions Database Online, Litigation Tool #09.004
https://sedm.org/litigation-main/sedm-jurisdiction-online/
– Findlaw: https://www.findlaw.com/traffic/traffic-tickets/state-traffic-
laws.html
– State Traffic and Speed Laws, MIT
https://www.mit.edu/~jfc/laws.html
– Wikipedia: Traffic law in the United States
https://en.wikipedia.org/wiki/Traffic_law_in_the_United_States

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 Police Powers
• Definition:
Cornell Wex: Police Powers
https://www.law.cornell.edu/wex/police_powers
• Police powers are the origin of CRIMINAL jurisdiction in
protecting the populace.
• The POLICE are hired to IMPLEMENT the police powers.
• Police education programs are called CRIMINAL JUSTICE.
• Police powers include “[p]ublic safety, public health,
morality, peace and quiet, law and order”.
• General police powers within a state are exercised ONLY by
the state. There are no FEDERAL police powers within the
exclusive jurisdiction of a Constitutional state.
• Police powers do NOT include CIVIL enforcement authority of
any kind. See Code of Virginia, §15.2-1704.
• Any attempt to use the police for CIVIL enforcement or
REVENUE collection is a violation of the police powers.

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 Vehicle Code: Civil or Criminal?
• The Vehicle Code is a hodgepodge MIXTURE of CIVIL and
CRIMINAL provisions.
– CRIMINAL provisions can involve jail time and a jury trial in a CRIMINAL
court.
– CIVIL infractions involve penalties and fines in traffic court but no jury trial
in a TRAFFIC court. They have voluntary domicile as a prerequisite.
• Police may only enforce the CRIMINAL provisions:
– CRIMINAL provisions do NOT require your CONSENT!
– You should NOT be beating your chest in front of the police for a violation
of the requirement for CONSENT in a CRIMINAL violation! That would be
resisting arrest and obstruction of justice.
– Police can’t lawfully act as CIVIL revenue collectors.
– Police can’t lawfully get involved in civil contracts or franchises or
contract disputes.
– It is a criminal violation for police to in essence STICK YOU UP at the point
of a gun for a CIVIL violation, such as not having a license or registration.
Highway robbery comes to mind.
– To the extent that police do any of the above, they are exceeding their
delegated authority and also have a conflict of financial interest in which
revenue can become more important than criminal enforcement.
– Allowing the police to take custody in CIVIL asset forfeiture also
transforms them into a mafia extortion ring and further promotes conflict
of interest.

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 Vehicle Code: Civil or Criminal?
• How does one identify a particular vehicle code provision as
CIVIL or CRIMINAL in nature?
– CRIMINAL violations are expressly identified as a misdemeanor or a felony
and usually have an injured party. Example: Vehicular Homicide.
– CIVIL provisions are NOT identified as a misdemeanor or felony and
usually involve a fine or penalty of some kind and usually don’t have an
injured party. Example: Driving without a license or seat belt.

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 Injured party and standing
• Every enforcement activity requires an injury. The injury, in
fact, is what produces STANDING to invoke the jurisdiction of
any court.
• Authorities for the requirement of STANDING vary by
jurisdiction and state. You will need to locate these yourself
in caselaw databases and statutes.
• Where there is no injured party:
– There is not standing to sue in court, whether CRIMINAL or CIVIL or
TRAFFIC court. AND
– The case must be DISMISSED.
• The vehicle code determines the CRIMINAL punishment and
CIVIL fines AFTER the injured party is identified and the
injury is successfully prosecuted.
• When a police officer stops you, they must:
– Establish probable cause for the stop.
– Identify an injured party.
• You should always ask the officer for the evidence in support
of both when you are stopped. Seldom are BOTH of the
above two requirements satisfied, in which case it was an
invalid stop.
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 Citations: CIVIL Infraction or CRIMINAL violation?

• Civil infraction examples:

– Fixit tickets like taillights or damage to the vehicle.
– Driving without a license.
– Driving without a seat belt.
– Parking violations.
– Speeding tickets.
– Illegal turn tickets.
– Running a red light tickets.
• CRIMINAL violation examples:
– Vehicular homicide.
– Driving While Intoxicated (DWI).

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 TRAFFIC Court v. CRIMINAL court
• TRAFFIC court:
– Is an administrative franchise court in the EXECUTIVE Branch.
– May only preside by CONSENT of the Defendant for CIVIL infractions.
– Usually has no “court rules”, and thus is NOT a real court.
• CRIMINAL court:
– Is a Constitutional court in the JUDICIAL Branch
– Operates in TWO capacities depending on the violation involved:
» CIVIL franchise capacity for infractions.
» CRIMINAL capacity for CRIMINAL violations.

• For matters not involving CIVIL franchise infractions but involving

CRIMINAL violations, CRIMINAL court most often hears the matter,
especially if constitutional issues might be involved.
• TRAFFIC court can by its own discretion refer a matter before it to a
CRIMINAL court.
– This is most often done for cases in which CIVIL franchise infraction enforcement
jurisdiction is challenge by the defendant.
– This adds considerably to the government’s cost to administer the matter, because the
District Attorney then has to appear in person before the CRIMINAL court.
– For CIVIL infractions, governments avoid prolonged litigation because it actually
causes them to LOSE money for the offense. The cost of involving the District
Attorney often exceeds the revenue collected from the ticket.
– When your case reconvenes in the CRIMINAL court after removal from TRAFFIC court,
judges are often belligerent against Defendants for making needless extra work and
increase government expenses over minor civil infraction issues.

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 12. THE PROBLEMS:
CIVIL/Franchise
regulation of
roadways

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 12.1. Civil infractions require consent, CRIMINAL violations do NOT

• Because the vehicle code is a hodgepodge mixture of CIVIL

and CRIMINAL law, not EVERYTHING requires consent (Form
#05.003).
• CRIMINAL violations do not require consent (Form #05.003).
Mere commission of a criminal act constitutes constructive
consent to the punishment.
• CIVIL violations, on the other hand, require domicile (Form
#05.002) to enforce.
• Domicile is voluntary, so the CIVIL provisions of the vehicle
code are voluntary.
• The vehicle code usually has provisions for establishing
domicile (Form #05.002) or at least residence by virtue of
applying for a license. For those that don’t want EITHER a
domicile or a residence and who state so on the license
application, only the criminal provisions of the vehicle code
then apply.

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 12.2 No injured party at a CIVIL traffic stop
• Traffic stops involving CIVIL infractions are what most
District Attorneys will call “quasi-criminal”, meaning that
they:
– Are not criminal but are heard in a criminal court.
– Involve CIVIL violations that trigger on consent through voluntary
application for a driver license AND domicile.
• When you are stopped for a CIVIL infraction:
– There is usually no injured party.
– There are no damages to anyone.
• Under principles of common law, there must be an injured
party and damages to have “standing” to sue.
• If you get a license, you are consenting (Form #05.003) to
WAIVE common law and some constitutional protections and
obey the CIVIL provisions and civil obligations within the
vehicle code. BAD IDEA.

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 12.3 Infractions used to CIVILLY raise revenue (taxation)
• For traffic stops involving CIVIL infractions:
– The stop involves a violation of public policy. This is called “malum prohibitum”.
– The beneficiary of the stop is therefore ONLY the state and not you, because they receive the
BENEFIT of revenue and compliance with CIVIL obligations on your part for the violation.
• The fact that you do not have a license deprives them of the benefit of charging
you with civil infractions or collecting revenue from them.
• It is NEVER to YOUR benefit to claim the protection of the CIVIL provisions of
the vehicle code or apply for a RESIDENT (ALIEN) license. It:
– Circumvents the requirement for consent that normally govern private civil relationships and
thus invites usurpation and abuse.
– Needlessly costs you money.
– Can connect you to a civil domicile (Form #05.002) and thus to many other obligations of the
civil statutory law within that jurisdiction or venue.
• In addition, police also become CIVIL revenue collectors rather than mere
criminal enforcers. This:
– Is a violation of the limitations upon the police powers of the state.
– Detracts from their main job of CRIMINAL enforcement.
– Creates a criminal financial conflict of interest to place revenue above criminal enforcement.
– Makes police stops into STICKUPS at the point of a gun to pay CIVIL fines. This is a criminal
assault by the police officer.
• More on “civil obligations” at:
Lawfully Avoiding Government Obligations, Form #12.040
https://sedm.org/LibertyU/AvoidGovernmentObligations.pdf

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 12.4 TRAFFIC Court is a FRANCHISE
court where constitution doesn’t apply
• Traffic court is a franchise court.
• A franchise court is in the EXECUTIVE rather than JUDICIAL branch.
• Licensed DRIVERS are officers or agents of the government granting the
license subject to the administrative supervision of the EXECUTIVE branch
traffic court.
• Registered vehicles are formerly PRIVATE vehicles in which a portion of the
ownership or control of the vehicle is donated to the PUBLIC or STATE by:
– Charging transfer fees to transfer title.
– Permitting the vehicle to be towed if the operator is unlicensed or a drunk driver in most
jurisdictions.
• The Executive Branch ordinarily is required to LEAVE private property and
private rights ALONE because “justice” is legally defined as the right to be left
alone. See:
What is “Justice”?, Form #05.050
https://sedm.org/Forms/05-MemLaw/WhatIsJustice.pdf
• By applying for a license or registration, you surrender PRIVATE property
rights (Form #12.022) and CONSTITUTIONAL protections for private property
(Form #10.002) and replace them with PUBLIC PRIVILEGES (Form #05.030) the
state can take away, tax, and regulate. THIS is how you become a LITERAL
SLAVE of the state. Below is our definition of such a “slave”:
What is a Slave?, SEDM
https://sedm.org/what-is-a-slave/

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 12.5. CRIMINAL court acting as a CIVIL FRANCHISE court
where constitution doesn’t apply for infractions
• Similarly, when a traffic case is transferred from TRAFFIC
court to CRIMINAL court, constitutional protections don’t
apply for CIVIL infractions there either. This is because
under the common law, whatever you CONSENT to (Form
#05.003) cannot form the basis for an injury in court.
• A CRIMINAL court usually acts in a CONSTITUTIONAL
capacity adjudicating matters involving only PRIVATE
property and PRIVATE rights. HOWEVER, if a CRIMINAL
court hears a case involving a CIVIL traffic infraction:
– They must put on their FRANCHISE hat and act as an EXECUTIVE branch
officer.
– They then acquire a financial conflict of interest, because the CIVIL
provisions have revenue as their main goal.
• Although CIVIL franchise provisions don’t apply to
unlicensed drivers, CRIMINAL courts will sometimes
PRETEND like they do for the love of money and power.
Don’t let them do it! There is one exception: If the vehicle is
registered but the driver is unlicensed, the vehicle can be
towed in fulfillment of the CIVIL provisions of the vehicle
code.

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 12.6 Licensing instead of Certification
• Licensing isn’t the ONLY way to maintain safe roads.
• Remember that a license is legally defined as permission from the
state to do that which is otherwise illegal.
• It is not ILLEGAL to travel. That is a PRIVATE RIGHT not a PUBLIC
PRIVILEGE they can take away, tax, or regulate. See:
Enumeration of Inalienable Rights, Form #10.002
https://sedm.org/Forms/10-Emancipation/EnumRights.pdf
• So what EXACTLY is the DMV “licensing” then?
– It is illegal to act as an officer or agent of the state who can be targeted with civil
statutory enforcement without a recognized appointment.
– Applying for and receiving a driver license constitutes your appointment as a
CONSENTING agent or officer of the state subject to CIVIL legislative supervision and
obligations.
• There is another way, which is: Certification.
– The licensing process includes a driving test and an exam.
– Theoretically at least, they could allow people to take the same driving test and exam
but get CERTIFIED to drive instead of LICENSED.
– They could then issue a Driver Certification card just like a Driver License, and it could
still be revocable if your driving became unsafe.
– The main difference is that you would no longer be an agent or officer of the state
under a FRANCHISE subject to CIVIL statutory supervision and obligations. Only the
CRIMINAL provisions of the vehicle would be enforceable beyond that point.

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 12.6 Licensing instead of Certification (cont.)

• We don’t know of any states that implement Driver

Certification instead of Driver Licensing. The reasons should
be obvious:
– They raise LESS revenue from the vehicle code because they can no
longer institute financial penalties.
– They have no CIVIL control over the drivers, because driver licensing is
the main method of connecting CIVIL DOMICILE to MOST PEOPLE.
– They don’t acquire any new PRIVILEGED public officer volunteers or
people with a domicile that could be used for CIVIL STATUTORY
enforcement of other CIVIL codes, including income tax. In other words,
they lose MOST of their power and control over the populace.

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 12.7 Bundling licensing with
unrelated civil franchises
• As we said at the beginning of this presentation, we don’t
object to driver licensing PROVIDED the process does not
have other things bundled to it unrelated to SAFE roads.
• What kind of things might be bundled in the licensing
process?
– Requirement to furnish a Social Security Number (Form #05.012). Social
Security is a franchise.
– Requirement to pay all overdue child support before the license is issued..
– Requirement to pay all parking tickets before the license is issued.
– Requirement to select and verify domicile or residence in compliance with
the VOLUNTARY “Real ID Act”.
– Requirement to furnish biometric data such as a fingerprint that goes into
national crime databases and is used to INCRIMINATE you IN ADVANCE of
any crime in violation of the Fifth Amendment.
– Registration for the military draft. Some states do it this way.
– Registration for jury duty.
– Sharing of your personal information with other governments or agencies
within the same government, in TOTAL violation of your privacy.
• Using a Social Security Number is in connection with all the
above and must be avoided.

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 12.7 Bundling licensing with
unrelated civil franchises
• Most states inextricably bundle almost all the above things
during the licensing process. Thus, the licensing process
becomes what is called:
– An adhesion contract.
– An unconscionable contract.
– A violation of the Unconstitutional Conditions Doctrine of the U.S.
Supreme Court. This doctrine states that the state cannot use its
monopolistic power to manipulate any constitutional right out of existence
by, for instance, instituting “bundling” of the kind just described.
• The same bundling happens with state RESIDENT (ALIEN!)
ID, by the way.
• Because of the bundling, we can’t endorse having a driver
license or state RESIDENT (ALIEN!) ID. When or if they
remove all the bundling and begin issuing CERTIFICATIONS
instead of LICENSING that focus ONLY on safe roadways, we
will gladly go in and apply for a CERTIFICATION instead of a
LICENSE.

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 12.8 Penalties for Driving without a license
• Driving without a license is an offense in many states.
• Unlicensed driving (not involving a suspension or revocation)
typically carries only a fine.
• Driving with a suspended or revoked license is usually a serious
criminal offense.
– This is because the offense which gave rise to the suspension or revocation is usually
very serious.
– Some states also impose an additional driver's license suspension, vehicle
impoundment, vehicle forfeiture, and/or community service for driving on a suspended
or revoked license.
– In many states, subsequent convictions will result in increased or additional penalties.
For example, in some states, a third conviction for driving while suspended or revoked
is a felony offense. Other states increase the fine amount, driver's license suspension
time, jail time, and/or vehicle impoundment time upon subsequent convictions. For
increased penalties to apply, the subsequent conviction generally must be within a
certain period time (five years, for instance) of the prior convictions.
• For a summary of laws in each state, see:
– State Penalties for Driving Without a License, NCSL
https://www.ncsl.org/transportation/driving-while-revoked-suspended-or-otherwise-
unlicensed-penalties-by-state
– Penalties for Driving Without a License, Nolo
https://www.drivinglaws.org/resources/penalties-for-driving-without-a-license.html
– Driving without a License: Penalties by State & Why to avoid, RateForce
https://www.rateforce.com/blog/auto-insurance/driving-without-a-license-penalties/

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42
 13. REMEDIES
OVERVIEW

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 13.1 Right to avoid a CIVIL privilege or benefit

• It is a maxim of law that you cannot be compelled to accept a

“benefit” and, by implication, the CIVIL obligation (Form
#12.040) to PAY for it.
– "Cujus est commodum ejus debet esse incommodum. He who receives the benefit
should also bear the disadvantage."
– Hominum caus jus constitutum est. Law is established for the benefit of man.
– Injuria propria non cadet in beneficium facientis. One's own wrong shall not benefit
the person doing it.
– Invito beneficium non datur. No one is obliged to accept a benefit against his consent.
Dig. 50, 17, 69. But if he does not dissent he will be considered as assenting. Vide
Assent.
– Potest quis renunciare pro se, et suis, juri quod pro se introductum est. A man may
relinquish, for himself and his heirs, a right which was introduced for his own benefit.
See 1 Bouv. Inst. n. 83.
– Privilegium est beneficium personale et extinguitur cum person. A privilege is a
personal benefit and dies with the person. 3 Buls. 8.
– Que sentit commodum, sentire debet et onus. He who derives a benefit from a thing,
ought to feel the disadvantages attending it. 2 Bouv. Inst. n. 1433.
– Quilibet potest renunciare juri pro se inducto. Any one may renounce a law introduced
for his own benefit. To this rule there are some exceptions. See 1 Bouv. Inst. n. 83.
– [Bouvier's Maxims of Law, 1856;
https://famguardian.org/Publications/BouvierMaximsOfLaw/BouviersMaxims.htm]

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 13.2 Probable Cause
• A police stop is called a Terry Stop by the U.S. Supreme Court.
• Before a police officer can stop you, he must have “probable cause”.
probable cause. (16c) 1. Criminal law. A reasonable ground to suspect that a person has committed or is
committing a crime or that a place contains specific items connected with a crime. • Under the Fourth
Amendment, probable cause - which amounts to more than a bare suspicion but less than evidence that
would justify a conviction - must be shown before an arrest warrant or search warrant may be issued. -
Also termed reasonable cause; sufficient cause; reasonable grounds; reasonable excuse. See
DUNAWAY HEARING. Cf. reasonable suspicion under SUSPICION.
"Probable cause may not be established simply by showing that the officer who made the challenged arrest or search
subjectively believed he had grounds for his action. As emphasized in Beck v. Ohio [379 U.S. 89, 85 S.Ct. 223 (1964)]:
'If subjective good faith alone were the test, the protection of the Fourth Amendment would evaporate, and the people
would be "secure in their persons, houses, papers, and effects" only in the discretion of the police.’
The probable cause test, then, is an objective one; for there to be probable cause, the facts must be such as would
warrant a belief by a reasonable man.'' Wayne R. LaFave & Jerold H. Israel, Criminal Procedure § 3.3, at 140 (2d ed.
1992).
2. Torts. A reasonable belief in the existence of facts on which a claim is based and in the legal validity of
the claim itself. • In this sense, probable cause is usu. Assessed as of the time when the claimant brings
the claim (as by filing suit). 3. A reasonable basis to support issuance of an administrative warrant based
on either (1) specific evidence of an existing violation of administrative rules, or (2) evidence showing that
a particular business meets the legislative or administrative standards permitting an inspection of the
business premises.
[Black’s Law Dictionary, 11th Edition, p. 1454]
• Notice that CIVIL law is NOWHERE mentioned in the above. A CIVIL infraction
cannot form the basis for a Terry Stop, UNLESS you applied for a license and
consented to such enforcement! See:
Why Statutory Civil Law is Law for Government and Not Private Persons, Form #05.037
https://sedm.org/Forms/05-MemLaw/StatLawGovt.pdf

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 13.3 Vehicles and drivers as PRIVATE property
• You own yourself as PRIVATE property. That is the implication of
the Thirteenth Amendment.
• Your property is PRIVATE property if it is protected by the
constitution.
– It cannot be taken without consent (Form #05.003) or at least compensation in a form
that YOU and not THE GOVERNMENT prescribe.
– The government can’t just in the case of CIVIL infractions that because you did
something, your consent was IMPLIED and need not be EXPLICIT.
• Only by DONATING your property to a public use, a public purpose,
or a public office can it lawfully be taxed or regulated.
“Men are endowed by their Creator with certain unalienable rights,-'life, liberty, and the pursuit of
happiness;' and to 'secure,' not grant or create, these rights, governments are instituted. That
property [or income] which a man has honestly acquired he retains full control of, subject to these
limitations:
[1] First, that he shall not use it to his neighbor's injury, and that does not mean that he must use
it for his neighbor's benefit [e.g. SOCIAL SECURITY, Medicare, and every other public “benefit”];
[2] second, that if he devotes it to a public use, he gives to the public a right to control that use;
and
[3] third, that whenever the public needs require, the public may take it upon payment of due
compensation.”
[Budd v. People of State of New York, 143 U.S. 517 (1892);
https://scholar.google.com/scholar_case?case=17245612752943291505 ]
• Note that “ownership” and “control” in the context are largely synonymous.
• More on “ownership” at:
Laws of Property, Form #14.018
https://sedm.org/Forms/14-PropProtection/LawsOfProperty.pdf

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 13.4 Even a licensed driver can be OFF DUTY and Private

• Driver licenses are state/PUBLIC property and their use is a privilege.

• Privileges are government/PUBLIC property granted to the
OTHERWISE PRIVATE recipient which can be taken back at the
discretion of the grantor.
• Voluntary use of the license in connection with a regulated activity
constitutes consent (Form #05.003) to the CIVIL statutory
OBLIGATIONS (Form #12.040), regulation, and taxation.
• Anything you consent to cannot form the basis for an injury in ANY
court. You LOSE your “standing” to sue by CONSENTING.
• While you are USING the license in connection with the regulated
activity, you are an agent of the state subject to state supervision.
Your consideration for acting in such a capacity is the beneficial use
of the license as property.
• The fact that you HAVE a license doesn’t AUTOMATICALLY mean
you have to USE it in connection with the regulated activity.
– Like any job, you can be OFF duty and operate in a PRIVATE, constitutionally
protected capacity that is CIVILLY unregulated.
– The reason for this it the definition of “franchise”, which is legally defined as “a
privilege [PUBLIC PROPERTY] in the HANDS of a subject”. If the license as PUBLIC
property is NOT in your HANDS, then you are effectively OFF DUTY.
– To argue against this principle is to argue that the government can FORCE you to be
ON DUTY 24 hours a day, 7 days a week without pay! What private company can do
that?

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 13.5 How were your PRIVATE labor and
PRIVATE property converted?
• As we showed earlier in the Budd case, control of the use of your
otherwise private property is acquired by:
– Injuring others with it.
– Donating it to a public use and thereby giving the public the right to control that use.
See Budd v. People of State of New York, 143 U.S. 517 (1892).
• If you didn’t do either of the above, the property remains PRIVATE,
absolutely owned, and protected by the Constitution RATHER than
the civil statutory law (Form #05.037).
• Voluntarily electing (consenting to) a civil domicile is one method of
donating YOURSELF to a PUBLIC use through your CIVIL STATUS
(Form #13.008). Whatever you connect to that CIVIL STATUS in turn
also becomes PRIVATE property donated to a PUBLIC use to procure
the “benefits” of a CIVIL franchise.
• More on the above at:
– Separation Between Public and Private Course, Form #12.021
https://sedm.org/LibertyU/SeparatingPublicPrivate.pdf
– Laws of Property, Form #14.018
https://sedm.org/Forms/14-PropProtection/LawsOfProperty.pdf

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 13.6 Always be the Merchant and never
the Buyer of government CIVIL privileges
• The government power to CIVILLY regulate and tax originates in the OWNERSHIP of private
property. See, for instance Article 4, Section 3, Clause 2 of the U.S. Constitution. In
commercial terms, this is called being a “Merchant”.
• Like governments, YOU TOO can be a Merchant and regulate and tax anyone who uses
YOUR absolutely owned PRIVATE property. All powers of government are delegated from
the people to the government so whatever they can do, you can also if all of us are, in fact
EQUAL and must be treated equally. See:
Requirement for Equal Protection and Equal Treatment, Form #05.033
https://sedm.org/Forms/05-MemLaw/EqualProtection.pdf
• Examples of PUBLIC/GOVERNMENT property that CREATES or ESTABLISHES a Merchant
status on behalf of the government:
– Driver licenses.
– Vehicle registration that protects the vehicle.
– Ownership of the public roadways.
– Offering protection services through the police force.
– Government “benefits”. See:
Government “Benefits” Scam, Form #05.040** (Member Subscriptions)
https://sedm.org/product/the-government-benefits-scam-form-05-040/
• If you apply for or ask for any of the above, you become a Buyer of government property
and services who:
– Implicitly consents to pay for those services and
– Renders the cooperation needed to deliver them.
That means effectively CONSENTING to obey the CIVIL provisions of the vehicle code!
• Anyone can be a Merchant or a Buyer from a CIVIL perspective. If you are tired of being
bossed around, regulated, and taxed by a covetous corrupt government, then FLIP the
relationship and become a Merchant offering PRIVATE property with CIVIL legal strings
attached to a government Buyer!

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 13.6 Always be the Merchant and never
the Buyer of government CIVIL privileges
• For more on the subject of how to ALWAYS be a “Merchant”
and NEVER “Buyer” in relation to any and every
government, see:
Path to Freedom, Form #09.015, Sections 5.5-5.7
https://sedm.org/Forms/09-Procs/PathToFreedom.pdf
• WARNING: DO NOT EVER use bogus UCC terminology to
make yourself into a “Merchant” that is NOT understood and
will make you look like an IDIOT in front of a judge or jury,
such as:
– Accepted for Value.
– Conditional Acceptance For Value (CAFV).
– Chargeback.
– Setoff.
– Secured Party Creditor.
• For the reasons NOT to use UCC Redemption terminology,
see:
Policy Document: U.C.C. Redemption, Form #08.002
https://sedm.org/Forms/08-PolicyDocs/UCC.pdf

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 13.7 Unconstitutional Conditions Doctrine
• The Unconstitutional Conditions Doctrine is a principle of
constitutional law that prohibits the government from conditioning
receipt of a benefit or privilege on the waiver of a constitutional right.
• Driver licenses are an example of such a privilege that might be used
to compel a waiver of a PRIVATE constitutional right.
• For most Americans who don’t know their PRIVATE constitutional
rights, this waiver is often INVISIBLE. For freedom lovers like us, it is
NOT. See:
Invisible Consent*, SEDM
https://sedm.org/invisible-consent/
• An example of such a compelled waiver of constitutional rights
might include conditioning the requirement for participating in Social
Security, paying child support, paying parking tickets and fines, and
paying income taxes as a prerequisite to receiving a license. We
call this “weaponization of government” in:
SEDM Disclaimer, Section 4.30: Weaponization of Government
https://sedm.org/disclaimer.htm#4.30._Weaponization_of_government
• More on the Unconstitutional Conditions Doctrine:
Catalog of U.S. Supreme Court Doctrines, Litigation Tool #10.020, Section 5.2
https://sedm.org/Litigation/10-PracticeGuides/SCDoctrines.pdf

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 14. HANDLING
THE
TRAFFIC STOP

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 14.1 Recording the Stop
• It’s always best to record the police stop.
• We recommend running a dashcam continuously that has
both internal and external recording. They are inexpensive.
• It is even more important to have the dashcam running if you
are separated from the vehicle during a search. This will
allow you to see whether they maliciously planted evidence
in the vehicle during the search.
• Some states permit filming traffic stops. Others don’t.
Check the laws in your state. In most states it’s perfection
legal.
• During the recording, you must NOT interfere with the police.

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 14.1 Recording the Stop

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 14.2 Introduction to the officer
• Here is a good script:
– Hello, and thank your for risking your life and your health to do the
dangerous job of protecting us all, Officer.
– I’m not here to argue with you today, but to be legally educated and to help
you do your job better and more efficiently.
– I’m in no rush and you can take all the time you need to do what you must
do. I won’t drive away to evade you at any time.
– QUESTION: I’ll be recording this interchange in case it ends up in front of
a jury. You got a problem with that?
» YES: “I can’t speak or cooperate further until you complete this form and I don’t
consent to search.”.
Then hand him:
Police/Terry Stop Handout, Form #09.078
https://sedm.org/Forms/09-Procs/PoliceStopHandout.pdf
» NO: “Excellent”.
– QUESTION: I’m not on drugs or alcohol, so I’m a safe driver at this point.
I’m even willing to exit the vehicle, lock it, and talk outside the LOCKED
vehicle unarmed if you’d like so you can see I have motor skills and to
keep you and I safe from being hit by traffic, provided you agree to step at
least 12 feet away while I do so and not interfere with doing so or with
locking the vehicle. Do you want me to do that and do you agree to
cooperate with me in doing it? Or do you just want me to stay in the car?

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 14.2 Introduction to the officer
– QUESTION: What kind of property are you here to protect right now?:
Public or Private, Officer? (See Separation Between Public and Private,
Form #12.025)
» RESPONSE: What do you mean?
» ANSWER: Government/public property or agents protected by statutes or my
private property protected by the constitution.
» THEIR ANSWER:_____________________________________
– QUESTION: I’m not aware of any crime that’s been committed on my part
or anyone else in this vehicle, so could you please enlighten me about
what you think that is? In other words, what is your factual explanation of
“probable cause” and “reasonable suspicion” before we proceed further?
The reasons why this is important is to establish whether this is a CIVIL
matter or a CRIMINAL matter.
» ANSWER: I don’t have to explain that to you.
» YOUR RESPONSE: Well then I’ll just follow your example and not answer any of
your questions either beyond this point.
– QUESTION: I’m not aware of any actions on my part that might have given
rise to an injury or injured party on this occasion, officer. Exactly who do
you think that might be in this case, if any, Officer?
» THEIR ANSWER: I don’t have to explain that to you.
» YOUR RESPONSE: Well then I’ll just follow your example and not answer any of
your questions either beyond this point, because we are both equal on this
occasion and I’m not your slave.

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 14.2 Introduction to the officer
– I’ve prepared a handout to so I can be sure to address your concerns.
Here it is, and it should answer any questions you have beyond this point.
Hand him:
» Police/Terry Stop Handout, Form #09.078
https://sedm.org/Forms/09-Procs/PoliceStopHandout.pdf
– AFTER you answer the questions on the form and hand it back to me, I’ll
be happy to entertain your requests for information or evidence but not
before. I’m just making sure this traffic stop is being handled in strict
accordance with the law. Like you, I too want to see the law followed.

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 14.3 Private ID
• The U.S. Supreme Court has held that when police
conducting a stop have a “reasonable suspicion” of criminal
activity, they have the lawful authority to enforce the
requirement that the suspect identify themselves. Hiibel v.
Sixth Judicial District of Nevada, 542 U.S. 177 (2004).
• You aren’t REQUIRED to have government ID. See:
Identification and Identity Theft*, SEDM
https://sedm.org/identification/
• The Hiibel case above does not describe what form evidence
of identity must take. It’s theoretically possible to provide
them with ID in printed form of your own making.
• Presenting your own CUSTOM ID is not prohibited, and is
NOT “fake id” if it does not look like an ID from a REAL
government. See: United States v. Fox, 766 F. Supp. 569
(N.D. Tex. 1991)
• It is a FELONY to present FAKE ID, meaning ID that is a
counterfeit ID that emulates ID issued by a lawful existing
government. Watch out!

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 14.3 Private ID
• Identifying your name to the officer can come with
risks. The biggest risk is that they will use it for
commercial purposes to extract CIVIL infraction
revenue from you without your consent.
• To prevent the commercial abuse of your name
through government identity theft (Form #05.046), we
provide the following form you can present to the
police to identify yourself without surrendering any
rights:
Private Identification Card, Form #06.034
https://sedm.org/product/private-identification-card-form-06-034/

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 14.4 License, Registration, and Insurance Please

• The first thing that police will usually say when they stop you
and approach the card is:
“License, registration, and insurance, please.”
• The license connects the OPERATOR to the vehicle code.
We covered the LICENSE requirement in the previous page
with a Private Identification Card.
• A vehicle registration connects the VEHICLE to the vehicle
code.
• Proof of insurance establishes that the operator and the
vehicle are in compliance with the CIVIL provisions of the
vehicle code requiring insurance.
• Anything NOT connected to the vehicle code is, by definition
PRIVATE and constitutionally protected.
– A PRIVATE OPERATOR is subject only to the CRIMINAL provisions of the
vehicle code and the common law and constitution of the state.
– A PRIVATE VEHICLE is protected by the Constitution and the common
law and not taxed or regulated in any way by the CIVIL STATUTORY
codes.

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 14.5 Probable Cause
• In general, traffic violations can be classified as infractions,
misdemeanors, and felonies1.
– Infractions are the least serious type of traffic violation and are typically punishable by
a fine and demerit points on the driver’s record. Examples of infractions include
speeding, failure to yield, failure to use turn signals, operating a vehicle without
proper lighting, and running a stop sign or red light1.
– Misdemeanor traffic offenses are more serious than infractions and can result in
imprisonment, fines, and/or probation. Common misdemeanor traffic offenses include
driving under the influence of alcohol or drugs (DUI), driving while suspended or
revoked, reckless driving, hit-and-run, and vehicular homicide1.
– Felonies are the most serious type of traffic violation and can result in lengthy prison
sentences, large fines, and/or probation. Examples of felony traffic offenses include
vehicular manslaughter, aggravated DUI, and fleeing the scene of an accident1.
• Most traffic violations are NOT CRIMES, meaning misdemeanors or
felonies. They instead are CIVIL infractions that acquire the “force of
law” through your consent (Form #05.003) in some form, whether
IMPLIED or EXPLICIT.
• You should AT ALL TIMES:
– Communicate the requirement that consent must be IN WRITING and NEVER IMPLIED
through your conduct. YOU as the OWNER of yourself are the ONLY one who can
prescribe WHAT FORM your consent must take. If this ISN’T the case, then YOU ARE
A SLAVE!
– Place the burden of proof upon the officer to demonstrate CONSENT in writing to any
CIVIL obligation he may be attempting to enforce at the traffic stop.

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 14.6 Probable Cause
• A CIVIL infraction observed from afar by a Police Officer does NOT
give rise to a belief in the commission of a CRIME that might be a
basis for actual probable cause.
• There are VERY few things you can do that MIGHT give rise to
probable cause, because all such things are always criminal in
nature.
• In the ABSENCE of probable cause, the traffic stop devolves into a
CIVIL enforcement proceeding. As such:
– There is NO basis for the officer to need or have a gun since no crime is involved.
– The officer becomes a mere REVENUE COLLECTOR abusing the police powers of the
state to SOLICIT revenue.
– If he uses a gun to COLLECT the revenue, he is engaging in an ARMED ASSAULT!
• It is not uncommon for courts to dismiss citations because of a
failure to establish CRIMINAL probable cause:
“The Court has recognized similar constitutional limitations on the scope and operation
of stop and identify statutes. In Brown v. Texas, 443 U. S. 47, 52 (1979), the Court
invalidated a conviction for violating a Texas stop and identify statute on Fourth
Amendment grounds. The Court ruled that the initial stop was not based on specific,
objective facts establishing reasonable suspicion to believe the suspect was involved in
criminal activity. See id., at 51-52. Absent that factual basis for detaining the defendant,
the Court held, the risk of "arbitrary and abusive police practices" was too great and the
stop was impermissible. Id., at 52. ”
[Hiibel v. Sixth Judicial District Court of Nev., 542 U.S. 177 (2004)]

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 14.7 Answering Police Questions
• In general, it is a VERY bad idea to answer any questions the
police ask.
– You might end up pleading guilty to something you did wrong.
– Anything you say can and will be used against you. See:
Miranda v. Arizona, 384 U.S. 436 (1966)
https://scholar.google.com/scholar_case?case=6386252699535531764
– You may be nervous or agitated in your answer which puts police on
guard.
• If you are agitated, it is important to EXPLAIN to the police
WHY as follows:
“Officer, I don’t like this stop because you disturbed my right to be left alone
as justice requires, you haven’t demonstrated probable cause, and thus this
stop involves an abuse of the police powers to collect revenue in connection
with a CIVIL infraction that doesn’t apply to a nonconsenting party such as
me. Now you are brandishing a gun as a revenue collector akin to an armed
assault. Would you at least put that gun away? There is no crime here by
your OWN admission!”
• It’s better to just hand them the following and wait until they
fill it out and give it back to you:
Police/Terry Stop Handout, Form #09.078
https://sedm.org/Forms/09-Procs/PoliceStopHandout.pdf

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 14.8 Search and seizure
• Items in the car are not always in your “possession”.
– Some things might have been placed there by another passenger or
previous operator.
– Its in your possession if you grab it or have it on you.
– If its not in your possession, you may not be charged for it if its illegal.
• It’s dangerous to allow officers to search a vehicle if:
– You are not allowed to watch them doing it. They may plant something
incriminating in the vehicle to get you in trouble and falsely say it was
yours.
– You have illegal contraband in the vehicle, even if the purpose of the
search had nothing to do with the probable cause for stopping you. They
can prosecute you for whatever they find.
– You have a violent pet in the vehicle who would bite them.
• If you are politely asked by the officer if they can search the
vehicle, its always best to say:
– “How is the probable cause for stopping me related to your need to
search?”
– After they answer, say “I don’t consent”.

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 14.8 Getting out of the vehicle
• The officer either politely ask or ORDER you to exit the
vehicle.
– Refuse the request if they ask.
– Don’t disobey an ORDER, because you may be charged with obstruction
of justice. But make sure you lock the vehicle as you exit so they can’t
search it.
• The purpose of asking you to get out of the vehicle is usually
to:
– Protect your safety, because if the officer sees a gun in the car or what he
thinks is a gun and your hands go near it, he may tray to shoot you in self-
defense.
– Provide additional safety to the officer, because if the vehicle has a gun in
it, you will be either separated from the gun or expose the gun while
getting out of the vehicle.
– To make the vehicle easier to search if you leave it unlocked. LOCK IT to
make sure this doesn’t happen.
– Do a simplified sobriety test. If you walk without stumbling then you are
probably not intoxicated and thus, a more comprehensive blood alcohol
test may not be needed.
– To separate you from other passengers in the car so that they can be
questioned separately so the stories can be compared to determine if
anyone in the vehicle is lying.

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 14.9 Sobriety tests
• They may ask you out of the vehicle to do a sobriety test like
walk a line, touch your nose, or take a breathalyzer test.
• We see no reason to resist this if you don’t drink or take
drugs.

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 14.10 Signing the ticket
• When presented with a traffic ticket, the officer will inevitably
ask you to sign it.
• The officer will also often tell you that if you don’t sign it, you
will be arrested, jailed, and your car will be towed. He will do
this while carrying a gun, and thus, he is committing armed
assault in the process.
• The statement on the ticket says that by signing it, you
promise to appear in traffic court. If you don’t, a bench
warrant will be issued for your arrest and you will become a
fugitive.
• To prevent the illegal duress of being arrested, its best to
sign the ticket under Threat, Duress, and Coercion (TDC) by
one of the following means:
– Signing the ticket not with your legal birthname, but in cursive with the
Latin phrase: “Non Assumpsit” (I don’t consent).
– Signing your name and writing near it: “Thread, duress, and coercion. No
consent”.

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 14.11 Arrests
• If they arrest you, they will have to tow and impound your
vehicle.
• Towing and impounding is VERY expensive.
• The towing and impound fees will need to be paid before they
will release the vehicle form impound.

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 14.12 Towing the Vehicle
• There are several reasons the police might want to tow your
vehicle:
1. You are arrested so you can’t drive away in the vehicle.
2. You refuse to sign the ticket. They will threaten to arrest you and tow
and impound the vehicle.
3. You are driving intoxicated or under the influence of drugs. You are
impaired so you can’t drive the vehicle from the scene.
4. You are driving without a license. In some states like California, this is
cause for towing the vehicle.
• In every one of the above cases, keep in mind that:
– You should AVOID allowing them to tow and impound the vehicle because
they will force you to pay the towing and impound fees, which are
CONSIDERABLE and almost highway robbery. This can be done by telling
them that you will call a relative or friend and have them come and pick up
the vehicle instead.
– For INFRACTION offenses, the vehicle MUST be registered and the license
plate must be displayed to lawfully tow the vehicle. Otherwise, they would
be STEALING the property. Registration constitutes consent for them to
tow the vehicle for cases where the vehicle code expressly authorizes it.

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 Summary and Conclusions
• Traffic stops and travel and the most frequent type of
confrontation a freedom advocate is likely to have.
• A broad base of legal knowledge is to keep the interaction
peaceful, cooperative, and yet at the same time protecting
your private property and private rights.
• Traffic stops are the area of law that freedom advocates are
most likely to be publicly exposed, embarrassed, shamed, or
cancelled in the context of government interactions by:
– The local news media, who often report on the outcome.
– Juries of the case ends up before a criminal court.
– Friends, relatives, and witnesses.
• It is VERY important to learn how to lawfully interact at a
traffic stop. This is because traffic stops along with
commerce are the two areas most likely to rope you into a
voluntary CIVIL domicile and:
– A corresponding obligation to both obey the CIVIL statutory law and
– Constitutional and natural rights.

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 Further reading and research
• Hot Issues: Right to Travel/Dealing with the Police, SEDM
https://sedm.org/right-to-travel/
• Hot Issues: Identification and Identity Theft*, SEDM
https://sedm.org/identification/
• Defending Your Right to Travel, Form #06.010
https://sedm.org/ItemInfo/Ebooks/DefYourRightToTravel/DefYourRightToTravel.htm

• Sovereignty for Police Officers Course, Form #12.022

– SLIDES: https://sedm.org/LibertyU/SovereigntyForPolice.pdf
– VIDEO: http://youtu.be/qFDWYLWiE1I

• Police/Terry Stop Handout, Form #09.078

https://sedm.org/Forms/09-Procs/PoliceStopHandout.pdf
• How NOT to Handle a Traffic Stop According to a
Government PSYCHOPATH, SEDM
https://sedm.org/how-not-to-handle-a-traffic-stop-according-to-a-government-psychopath/

• Free Legal Treatises*, Section 20: Travel, SEDM

https://sedm.org/litigation-main/free-legal-treatises/#Travel
• Enumeration of Inalienable Rights, Form #10.002
https://sedm.org/Forms/10-Emancipation/EnumRights.pdf

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 Further reading and research
• SEDM Right to Travel Authorities, Litigation Tool #09.005** (Member
Subscriptions)
https://sedm.org/product/sedm-right-to-travel-authorities-litigation-tool-09-005/

• Subject Index, Section 84: Travel, Right To, SEDM

https://sedm.org/Search/SubjectIndex.htm#Travel,_Right_to
• Dealing with the Police/Right to Travel Playlist, SEDM
https://sedm.org/dealing-with-the-policeright-to-travel/
• Criminal Justice and Terrorism, Family Guardian Fellowship
https://famguardian.org/Subjects/Crime/Crime.htm
• Sovereignty and Freedom Topic, Section 6.12: Right to
Travel, Family Guardian Fellowship
https://famguardian.org/Subjects/Freedom/Freedom.htm#Right_to_Travel:
• Power of Attorney: Private Conveyance, Form #06.030** (Member
Subscriptions)-this form limits your delegated authority while using
the vehicle so that it can’t be towed or stolen by the police.
https://sedm.org/product/power-of-attorney-private-conveyance-form-06-030/

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