30 December 2013

HOW TO DEAL WITH POLICE


HOW TO DEAL WITH POLICE

Victoria Police Code of Ethics: “I uphold the right in my role within the Victoria Police Force by acting impartially, with integrity and by providing service excellence to everyone.”

Every police officer is required to swear an oath or make an affirmation to serve the Crown (Queen), uphold the Constitution and the rights of the people. Remind them of the fact of their oath.

You could also state Victoria Police has a legal contract and is in service of the multi-national weapons manufacturer, Lockheed Martin. This is an unconscionable conflict of interest for Victoria Police and the State to be involved in corporate profiteering with a multi-national weapons manufacturer. Ask the police officer if it’s ethical and a conflict of interest for him to represent the corporations registered as VICTORIA POLICE, the STATE OF VICTORIA and LOCKHEED MARTIN, and also the people of Victoria he has sworn an oath to serve and protect. If he or she says it’s not a conflict of interest ask them to explain why it’s not a conflict of interest and for factual proof of their assertion.

Responding to Police Questioning

  • 1. It is in your best interest to NEVER admit or confess to anything the police may allege or accuse you of. Challenge, question, dispute and disagree with any accusation, allegation, assumption or claim made against you. At law you are “presumed innocent until proven guilty beyond a reasonable doubt” in a court of competent jurisdiction!

  • 2. Always maintain a calm, respectful and polite attitude at all times. Control your emotions. Never become angry, abusive, sarcastic and threatening because it may give a police officer a reasonable ground and valid cause of action to arrest you. Always remain honourable, confident, positive, and maintain eye contact. Be aware of your body language.

  • 3. Always be aware at all times what you say and do as the police officer may be audio recording the conversation, and will likely be taking notes to use as possible evidence against you in court if they decide to charge and summon you.

  • 4. Police are trained to use ACCUSATIONS, ALLEGATIONS, and ASSUMPTIONS to test, interrogate, intimidate and deceive a person if necessary to either determine the truth or gather evidence. A police officer is only legally permitted to make an accusation or allegation that you have committed some type of criminal offence, and then must either decide to set you free or charge and summon you to a court for a hearing or trial. However they have no jurisdiction to act as a judicial authority, i.e. magistrate or judge. The police must operate according to the legal principle and right of “every suspect is presumed innocent until proven guilty beyond a reasonable doubt” in a court of competent jurisdiction.

  • 5. The people’s political and civil rights are established in law, precedent and codified in the Magna Charta 1215, Habeus Corpus Act, Bill of Rights 1688 incorporated within the Imperial Acts Application Act 1922 and 1980, The Crimes Act 1958 (VIC), Sect. 51(24) of the Federal Australian Constitution, and Bible codified Common law.

  • 6. Think before you speak and choose your words carefully! Only answer the question being asked if you believe it is a fair and reasonable question. Do not offer or volunteer any more information than asked for or absolutely necessary. The less said the better so say as little as possible. Remember - anything you say can and will be used against you as evidence, and the police may be audio recording the conversation and/or taking notes!
© Jim Stefanovski. Revised October 2009 1 o f 3


  • 7. Stand your ground! If police accuse or allege anything deny it. Their accusations are only allegations. If a police officer makes an allegation or assumption refute it by saying: “I dispute / disagree / negate / oppose your accusation / allegation / assumption / opinion.”

  • 8. You can follow this negation with a relevant question that places the burden of proof on them: “What facts are there proving your allegation, assumption etc. that I have committed an offence?” or “Who is the injured human-being in this alleged offence?” or “What property have I caused damaged to?”

  • 9. You can also say “I do not wish to comment at this time until I have obtained legal advice.” You do have the right to remain silent. It is a primary defensive natural law, common law and human right and freedom.

Giving Personal Details

The Crimes Act 1958 (Sect. 456AA), states that you can be required to give the police ONLY your name and address, but NOT your date of birth, age, type of work or anything else. 

Pursuant to this Act you may give your address as your residential or work address. Any other personal and private information demanded is irrelevant and none of their business.


Consent & Jurisdiction

The principles of consent and jurisdiction are very important within a legal perspective. The police cannot lawfully touch you or threaten to touch you for the purpose of arrest without your informed consent. Neither are they lawfully entitled to search your body or enter your property, including your vehicle, without your consent or a valid court warrant. Otherwise you can make a criminal complaint and/or a civil claim for damages against an individual police officer for relevant criminal offences under the Crimes Act 1958 (VIC) or Criminal Code Act 1995 (Commonwealth) or Crimes Act 1914 (Commonwealth) including:

1. Assault.
2. Assault and battery.
3. Trespass.
4. Intimidation.
5. Harassment.
6. Threats with menace.
7. Misconduct in a public office.
8. False/unlawful arrest.
9. Deprivation of liberty.
10. False/unlawful imprisonment.
11. Enslavement
12. Coercion.
13. Armed kidnapping (based on false/unlawful arrest whilst in the possession of a firearm).
14. Violation of a political, civil or human right and liberty.
15. Denial of natural justice and abuse of rights.

9.4 Fines

The issuing of a fine is an assumption of guilt. No police officer and/or government authority/department/agency/body has any constitutional authority or power to impose fines. Only the judicature pursuant to section 71 of the federal constitution, and the Imperial Acts Application Act 1922 & 1980 may impose a fine.

© Jim Stefanovski. Revised October 2009 2 o f 3


Second any fine imposed by a court MUST be done only after a natural person is “found guilty beyond a reasonable doubt" and convicted of an actual offence, AND the fine must be accompanied by a valid COURT ORDER with a PUBLIC SEAL of the court, under section 78 of the Evidence Act 1958, AND a supporting Affidavit.

Whenever a police officer and/or government/  authority/ department/ agency/body issues a fine and demands payment without FACTUAL PROOF of an actual offence against the LIFE, LIBERTY or PROPERTY of a human-being, they are actually committing EXTORTION, FRAUD and COERCION.

Also as the police officer is representing a State registered as a corporation, the State is an ARTIFICIAL PERSON/ENTITY that cannot be injured or harmed, and therefore has NO STANDING to fine or make a claim or complaint against anyone! Only a living flesh and blood human-being has the right and standing to make a charge, claim or complaint against another living man and woman - NOT ARTIFICIAL DEAD ENTITIES!

The same principles apply to speeding fines but that does not mean a man or woman can drive a motor vehicle irresponsibly. Every driver has a DUTY OF CARE obligation to not cause injury, harm, damage or loss to another natural person and their property through negligence, recklessness or omission to take care. It can be argued that a man or woman in control of a motor vehicle may justify travelling over the posted speed limit by a certain number of kilometres per hour - usually no more than 10% - before it might be reasoned that the speed is excessive and unreasonable.

NOTE:

It is in your best interest and strongly advised that whenever you are interacting with police or any government authority, use an audio recording device for the purpose of gathering evidence for self defence against any charges, allegations, claims or complaints that may be made against you in future. You have a primary natural law, common law and human right to record your own voice in any matter pertaining to your personal affairs, and it will keep the police and/or government authority wary and respectful of your rights.

2 comments:

  1. ....during a state of emergency or disaster ,as we have here in Victoria atm, how does this change police powers in regard to the points you have made here... thank you Tony

    ReplyDelete