“I demand all of my rights at all times, waive none of my rights at any time, including my right to time.”
By David Tulis / 92.7 NoogaRadio
So goes the arrest script by longtime volcanic American patriot and lover of the constitution, “Loudmouth Mike” of Chattanooga.
He’s not done.
➤ I am being held against my will, over my objection, under color of law.
➤ I request a pen or pencil and paper to draft a petition for writ of habeas corpus, and demand that writ be immediately submitted to a court of competent jurisdiction to hear my plea for release.
➤ If you intend to fingerprint or photograph me, I will offer enough resistance to show in court my objection to those actions.
➤ I will during the evidentiary hearing make a motion for my fingerprints and photographs to be omitted and purged as they were obtained without a court order. I am a citizen of Tennessee.
➤ My given birth name is [your name here].
Getting cops to think more clearly
Once a police officer decides to arrest you, he is committing to go the whole way, and will be supported by his superiors in his decision. So says a Chattanooga police officer who knew that the arrests of Hanson Melvin and Rochelle Gelpin in 2016 were wrongheaded and probably lawless.
A bad arrest will never be countermanded by a superior, because it is an admission of liability and puts the department in a bad light. The entire department will coalesce around an arrest and uphold it as lawful and legitimate. This loyalty will go so far as to planting false evidence (drugs, toy gun) and making false statements to uphold the officer’s narrative, keeping up the department’s credit with the local press, the city council and the public.
When an arrested person says he will physically resist fingerprinting and photography, that is reference to the booking process, which by law cannot take place until after a magistrate or judicial commissioner has reviewed the officer’s claims and signed the arrest warrant, retroactively OK’ing the arrest.
To resist invites a beating or tasing, which is assault pure and simple if the initial decision to arrest is wrong and under mere color of law. By stating you plan to resist any booking prior to a review by a judge requires an absolute commitment up front to being innocent. And also an absolute commitment by the officer to carry through with the arrest in its fullest evil, so that his ill intent, bad faith, carelessness and/or training be manifest in its fullest form.
Such commitment will highlight his actions if he is sued for wrongly arrest and use of excessive force.