Marple has been charged for driving without a license and has argued that the court has no jurisdiction over him as he is not “operating a motor vehicle”, which he says is a legal term that only applies to people traveling for commercial purposes. Despite Marple filing an exhaustive legal memorandum outlining the various cases on which he bases his position, the robed woman cited her own court cases:
The New Hampshire Supreme Court has also consistently ruled that the operation of an automobile- upon a public highway is not a right, but” … only a privilege which the state may grant or withhold at pleasure …. ” State V; Sterrin, 78 N.H. 220, 222 (1916), citing Comm.v. Kingsbury, 199 Mass. 542. The Court, in State v. Sterrin, at 222, also cited State v. Corron, 73 N.H. 434, 446 (1905), which references a liquor licensee, by stating: “The statute confers a privilege which the citizen is at liberty to accept by becoming a licensee, or not, as he pleases. Having accepted the privilege, he cannot object to any conditions which have been attached thereto by a grantor with power to entirely withhold the privileges.”
Translation: “There is no right to travel safely on the roads without asking your master government’s permission first. We are in charge here and you’ll do what we say, or else.”
State Rep Dick Marple campaigns at the polls.
Spath then went on to have the trial date for Marple driving without the state permission slip set for April 18th at 12:45pm in Concord district court.
However, it doesn’t end there. Marple has since filed an 11-page “Affidavit of Truth – in Commerce – Second Demand” with the NH Secretary of State’s office and the court. In the affidavit, Marple challenges jurisdiction again, saying the court needs to show the signed “instrument” where he consents to their rule and further demands a jury trial. He says Spath’s stand on her alleged jurisdiction is an “abuse of discretion” and cites more court cases claiming that the state may not interfere in your personal business. He demands the case be dismissed with prejudice, saying that Spath’s claim that he voluntarily chose to acquire a license is false. Marple says he was under duress to contract for the license: (more…)
As reported over at Photography is Not a Crime today, a veteran of the US Marines, Billy Spaulding, recently attempted to pay a parking fine in pennies at Manchester city hall. Initially, police responded and lied to Billy’s cameraman, claiming he wasn’t allowed to record them without informing them. The cop claims, “You have to advise us that you’re recording us. You can’t record audio.” The reality is that recent New Hampshire court precedent says otherwise – not only can you record police in New Hampshire, but you can secretly record them. Unfortunately the videographer appears to have shut off the camera as a result of the cop’s lies. Based on the comments on the youtube video, he now knows better.
Liberty Lobbyist Darryl W Perry and I went to the state house this week to testify on more legislation. Here are three full hearing videos from this week:
HB 372 would change definitions of resident and inhabitant. Darryl W Perry testified against this dangerous bill. Here’s the full hearing:
HB 94 is a confusing bill. It purports to protect victims of sex trafficking, but the language is about punishing johns who have sex with a consenting teen, with felony charges. I testified against it. Here’s the full hearing: (more…)
Cheshire County Sheriff Eli Rivera has been making headlines this week for his compassionate stance against working with federal immigration enforcers. Rivera, a longtime fixture in the community and multi-term sheriff, announced via his website last week:
After taking some time to reflect on this current issue, as Sheriff, I’ve decided that the Cheshire County Sheriff’s Office will not seek to enter into an agreement with the United States Immigration and Customs Enforcement Agency (ICE) to enforce federal immigrations laws. Furthermore, we will not participate in raids, stings or operations that are solely intended at locating an undocumented person or persons. Any representative of ICE requesting our assistance must have an active criminal warrant issued by a judge or must be actively pursuing a criminal investigation that relates to public safety for us to participate.
According to the Sentinel’s report on Rivera’s announcement Keene Police’s acting chief, Steve Russo has yet to comment on the issue, but his late predecessor Brian Costa‘s position was similar to Rivera’s, saying, “We have no interest going forward, nor do we have the resources for deputizing our officers as part of ICE to go out and seek illegal or undocumented immigrants…We govern ourselves by our mission statement”, which says KPD is “to protect life and property and to maintain order within the City while assuring fair and respectful treatment of everyone.”
Costa said of that mission statement in his interview with the Sentinel earlier this month, prior to his untimely passing, “It’s not just a group of words…It’s how we do business.”
KPD’s Late Chief Brian Costa
It sounds like Sheriff Rivera is on the same page as Costa. In his excellent statement, Rivera continues:
In addition, we will not ask a person their immigration status or detain a person based on an administrative civil detainer that is not issued by a judge. As Sheriff, I do not want undocumented immigrants to fear the Sheriff’s Office, instead I want them to be able to approach and speak to any of my deputies without the fear that they will be turned over to ICE. If in the course of our duties we happen to come across an undocumented person we will handle each encounter in a way we deem appropriate for each situation…
If you are an undocumented person in Cheshire County and feel uncertain about approaching law enforcement for fear they will turned you over to ICE, feel free to call me, Sheriff Eli Rivera, at the Cheshire County Sheriff’s Office.
According to the WMUR report on Rivera’s policy, some control-freak politicians are butthurt over this. Good. Unlike those cowardly politicians, kudos to Rivera for having the courage to do the right thing and truly protect the people of Cheshire county from the evil hands of the federal government. It would be better of course if Rivera would also stop cooperating with the feds on other victimless crime enforcement, like the insane War on Drugs, but this is a BIG step in the right direction.
I’m glad to live in a place where law enforcement acts more human, more often, than anywhere else I’ve ever been. You’ve got Rick Van Wickler, Cheshire County’s jail superintendent who is also a longtime speaker at Law Enforcement Action Partnership, a compassionate group of mostly former police which you may remember as being previously called, “Law Enforcement Against Prohibition” until they expanded their mission to include other issues where police reform is badly needed, Van Wickler has been a constant presence in Concord at state house hearings about drug legalization, speaking strongly in favor of any efforts to end prohibition in New Hampshire. He also runs his jail much more compassionately than the supermajority of the others in the United States. Add to that, a relatively calm and approachable group of Keene police, and now this excellent news from Sheriff Rivera.
Thank you, Eli. You’ve earned my vote in the next election. The land known as Cheshire county in the Shire should be a sanctuary for all peaceful people. Your immigration policy helps us get closer to that ideal. Next step, NH seceding from the United States! Viva New Hampshire!
Several weeks after his roadside arrest for possession and trafficking of cannabis in Warren County, Ohio, Cop Block founder Ademo Freeman is out of jail! He announced the exciting news on last night’s Free Talk Live (click to listen to his call) that his bail had been reduced from $75,000 to $5,000, he’s finally been indicted, and one of his felony charges for possession was dropped. He is now facing two felonies, but the early charge removal and recent plea deal offer suggest that the prosecution does not want to take this matter to trial.
Now that he’s out of jail on bond, he’ll be able to better prepare for his trial, unless they offer him an even better plea deal, which he has indicated he’d be willing to negotiate. Stay tuned here to Free Keene for the latest.
Virgil Vaduva and Ademo Freeman, After Ademo’s Release!
Amazingly, he’s already been offered a one year prison term plea deal, despite the fact that the grand jury has yet to even return an indictment! Now, it’s highly likely that they will hand down an indictment, but regardless – it’s pretty clear that the prosecution doesn’t want to have to take this to trial. While Ademo had said previously he’d accept a plea of six months (he’s already done one awaiting trial), it doesn’t sound like he’s willing to take the year deal without having seen discovery or even the indictment. Otherwise, he’s doing alright in the jail. You can listen to the full interview here – the link jumps you straight to that part of our Saturday show.
Ademo would love to hear from you. Here’s the address at which you can send him mail. Sorry, the backwards-ass jail in Warren County won’t let you send him books.
Warren County Jail
C/O Adam Mueller – 61437
P.O. Box 309
Lebanon, Ohio 45036
