MANDATORY QUESTIONNAIRE AND NOTICE TO GOVERNMENT EMPLOYEE / PUBLIC SERVANT
MANDATORY QUESTIONNAIRE AND NOTICE TO GOVERNMENT EMPLOYEE / PUBLIC SERVANT
Privacy Act of 1974 (Public Law 93-579)
For all employees of federal, state, county, municipal and township corporations conducting an investigation
The Following Notice and PUBLIC SERVANT QUESTIONNAIRE is based on the requirements placed upon all employees, agents, and representatives of state and federal government, including city, county, state, and federal law enforcement agencies, Supervisors, administrators, district attorneys, attorney generals, judges, justices, and magistrates, by the Privacy Act of 1974 (Public Law 93-579), an amending law to Title 5, United States Code, and is here included as per the provisions of Section 552a, which in part provides :
"The purpose of this Act is to provide certain safeguards for an individual against invasion of personal privacy by requiring government agencies . . . to permit an individual to determine what records (documents) pertaining to him (or her) are collected, maintained, used, or disseminated by such agencies."
As authorized by federal law and the provisions of this Act, the Citizen may require any Public Servant or Government Employee to provide certain proof of employment, bonding information, including full and complete disclosure as to the cause and purpose of any investigpation as a precondition to speaking with any government agent who seeks any information of any kind or may stand upon his Fifth amendment right to refrain from self-incrimination and to remain silent as herewith invoked.
The following Questionnaire, a tool of Discovery in legal proceedings, properly documents the government employee/citizen interaction, and must be filled-out by the public servant/government employee before he can ask the citizen any question. In accordance with this provision of law, the 'prerequisite for the citizen’s cooperation with the government is the agent's cooperation with the citizen's reasonable request(s).'
The following questionnaire first provides Notice and informs the government agent that the citizen knows his rights, protections, and immunities, and is aware of limited powers the government agent has been granted or delegated by operation of law, and are based upon that Act and other government prohibitions regarding identity theft and recognition of the corporate statutes that define your employment, but not the rights of the citizen. After acknowledging the following Notice, Please fill out the form completely.
NOTICE OF LAW
Non-emergency use of emergency vehicle lights and sirens is a felony. An emergency is by the courts defined as "a sudden, unexpected, or impending situation, involving injury, loss of life, damage to property, or catastrophic interference with normal activities, that requires immediate attention and remedial action."
"State Police Power extends only to immediate threats to public safety, health, welfare, etc.," Michigan v. Duke; "The police power of the state must be exercised in subordination to the provisions of the U.S. Constitution." (Bacahanan vs. Wanley, 245 US 60 (); Panhandle Eastern Pipeline Co. vs. State Highway Commission, 294 US 613 ()). "The Constitution is the supreme law of the land ordained and established by the people. All legislation must conform to the principles it lays down. ( United States v. Butler, 297 U.S. 1, 56 S.Ct. 312, 102 A.L.R. 914 (1935))
"Federal Law and Supreme Court Cases apply to State Court Cases." (Griffin v. Mathews, 310 Supp. 341, 423 F. 2d 272; Hagans v. Lavine, 415 U.S. 528; Howlett v. Rose, 496 U.S. 356 (1990)). "Every State law must conform in the first place to the Constitution of the United States, and then to the subordinate constitutions of the particular state; and if it infringes upon the provisos of either, it is so far void." ( Houston v. Moore, 18 US 1, 5 L.Ed 19 (1840))
Reasonable Cause or Probable Suspicion that a suspect has, or is about to commit a crime involving a victim, injury, or damage to persons or property is required to stop, detain, question, or demand Identification from a motorist. "Pretextual traffic stops are a violation of the 4th Amendment." U.S. v. Eldridge, 984 F2d 943 (1993)
“For a crime to exist, there must be an [actual or intended] injured party (Corpus Delicti).
Sherer v. Cullen 481 F. 945 . A Crime is defined as “That act intended to cause injury to a person or property.”
The Supreme court has held that "Without Corpus delicti there can be no crime"
“Traffic infractions are not a crime.” People v. Battle, 50 Cal. App. 3,step 1, 123 Cal.Rptr. 636,639.
“[S]peeding & running a red light are NOT a breach of the peace [unless immediate reckless endangerment of another actual person present is witnessed].” Perkins v. Texas, 812 S.W. 2d 326, 329
An American does not have to speak with a government agent, unless the agent can demonstrate probable cause or reasonable suspicion for the stop. "Officer's questions must relate to the purpose of the stop, or detention of driver is unreasonable." - U.S. v. Barahona, 990 F2d (1993)
"Detention must be based on specific, articulable facts (SAF) and rational inferences [pertaining to the suspected commission of a crime involving a victim or property damage]. Unparticularized suspicion and inarticulate hunches alone are not good enough. A valid investigative stop must be based on "reasonable articulable suspicion" (RAS) (U.S. v. Briggman, 931 F2d705 (1991))
REASONABLE SUSPICION. This means that police suspect that you are about to commit a crime involving a victim or damage to property. Reasonable suspicion is the standard that permits police to stop you
PROBABLE CAUSE. This means that it is more likely than not that a crime involving a victim or damage to property has already been committed. Police require probable cause to make an arrest.
When a Police officer stops you, you are under arrest. At which point you have a right to remain silent. The officer will lie to you and tell you that you are not under arrest, and begin a discovery process not permitted by law.
“An Illegal arrest is assault and battery, and citizen has the same right to use force in defending themselves as they would if repelling any other assault and battery.” (State v. Robinson 72 alt 2d 262 (1950)); “[O]fficer who uses excessive force acts in bad faith and may be resisted. (U.S. v. Span, 970 F2d 573 (1992)) “All persons are bound, without contract, to abstain from injuring the person or property of another, or infringing on any of his or her rights.” Cal Civil Code, Sec. 1708.
“If police falsely arrest you without Probable Cause [acting outside their authority as delegated by law] , they have no qualified immunity and are liable for damages in their private person.” (Malley v. Briggs, 475 US 335 (1986)).
RESPONSE TO OFFICERS REQUEST FOR NAME AND IDENTIFICATION
"The right to privacy includes an "individual interest in avoiding disclosure of personal matters." (Whalen v. Roe, 429 US 589 (1977)); "The makers of the Constitution conferred, as against the government, the Right to be let alone; the most comprehensive of rights, and the right most valued by civilized men."
(United States Supreme Court Justice Brandeis in Olmstead v. United States (1928)) - An American has a right to privacy and to be left alone.
"You may refuse to provide the police I.D. or information." (U.S. V. Brown, 731 F2d 1491 (1984))
'You may verbally challenge the officer's actions and ask for his ID.' (Gainor v. Roberts, 973 F2d 1379 (1992))
“An information charging the driving of a motor vehicle upon a public highway without a driver's license charges no offense, as there is no such license as a driver's license known to the law." (Keith Brooks v. State, 158 Tex. Crim. 546; 258 S.W. 2D 317).
“information alleging that the defendant operated a motor vehicle upon a highway without a “driver’s license” was held insufficient to charge an offense since driver’s license is not known to law.” (W. Lee Hassell v. The State, 149 Tex. Crim. 333; 194 S.W. 2D 400).
'You may not be arrested solely to ascertain your identity.' (Arrington v. McDonald, 808 F2d 466 (1988))
SEARCH AND SIEZURE
Even if your vehicle is stopped legitimately, the police may not search it without probable cause (or your consent). (U.S. v. Wanless, 882 F2d 1459 (1989))
'Refusing consent for search is not basis for RAS, or Probable Cause to search, or impound vehicle.' (U.S. v. Manuel, 992 F2d 272, (1993)); 'Government must prove alleged consent to search, and that consent was given freely and voluntarily.' (U.S. v. Villareal, 963 F2d 770 (1992)); Waiver of rights must be knowing and voluntary (not under threat and duress). (White v. White, 925 F2d 287 (1991))
" [A] political subdivision of this state may not require an owner of a motor vehicle to register the vehicle..." (Registration By Political Subdivision Prohibited -Texas Trans Code § 502.003); "[A] vehicle for which a certificate of title has been issued but that is not required to be registered, is not subject to inspection." (Vehicles Not Subject To Inspection -Texas Trans Code § 548.052).
Only those motorists in commerce, being the transportation of persons or property for profit [Taxi, Limo, tractor trailer] are required to register, insure, or license.
"The right of a citizen to use the highways, including the streets of the city or town, for travel & to transport his goods is an inherent right which cannot be taken from him." (Davis v. City of Houston (Tex. Civ. App., 1924), 264 S.W. 625, 629). "The right of the citizen to travel upon the public highways and to transport his property thereon, either by carriage or by automobile, is not a mere privilege which a city may prohibit or permit at will, but a common right which he has under the right to life, liberty, and the pursuit of happiness."- (Thompson v Smith 154 SE 579).
"A state may not impose a charge for the enjoyment of a right granted by Federal constitution." (Murdock vs Pennsylvania 319 US 105 at 113 (1943)). Requiring licensing or registration of any constitutional right is itself unconstitutional. (Follett vs. Town of McCormick, S.C., 321 U.S. 573 (1944)); 'Should any state convert a secured liberty right into a privilege, charge a fee and issue a license for it, one may ignore the license and fee and engage in the exercise of the right with impunity.' (Shuttlesworth vs City of Birmingham 373 U.S. 262 (1962))
“… willful violators of constitutional requirements, which have been defined, certainly are in no position to say that they had no adequate advance notice that they would be visited with punishment. When they act willfully in the sense in which we use the word, they act in open defiance or in reckless disregard of a constitutional requirement, which has been made specific & definite. When they are convicted for so acting, they are not punished for violating an unknowable something.” Screws v. U.S., 325 U.S. 91 1945; Police supervisors are liable if they authorize or approve unconstitutional conduct of offending officers. -White v. Farrier, 849 F2d 322, (1988)
CORPORATE GOVERNMENT EMPLOYEE AND PUBLIC SERVANT INFORMATION REQUIRED
FOR INTERACTION WITH CITIZEN
Privacy Act of 1974 (Public Law 93-579)
- Full Legal Name: ____________________________________________________
- Residence Address:___________________________________________________
CITY ______________________________ STATE _________ ZIP ___________ - Public Servant/Employee ID or Badge #: _________________________________
- Public Servant/Employee job title or rank: ________________________________
- Public Servant/Employee phone number: _________________________________
- Bonding agency and account number (all government employees are required to provide a bond for insurance purposes against damages to the rights or property of the public):__________________________________________________________________
- Name of corporation that employs you (please use the legal all caps name as listed on Dun and Bradstreet):
- Name of department, bureau or agency of that corporation that employs you:
Name of supervisor: ____________________________________________________
Supervisor's mailing address: ____________________________________________
CITY ______________________________ STATE _________ ZIP ___________Supervisor's phone number: ____________________________________________
Name of department head: ____________________________________________
Department head's mailing address if different from supervisors:
CITY ______________________________ STATE _________ ZIP ___________
- Department head's phone number: ________________________________________
Statutory Identification
- Name and number of the corporate statute (rule or regulation) that generated or authorizes this investigation or encounter:
- Is this investigation General or Special?
Note: by ‘general,’ it means any kind of blanket investigations in which a number of persons are involved because of geography, type of business income, etc. By ‘special,’ it means any investigation of an individual nature in which others are not involved. - Are the questions being asked authorized by a specific law or regulation, or are they a discovery process?
- Please provide the law or regulation that authorizes the action being taken or information requested in this case:
- Are answers voluntary or mandatory?
- What will be the effect upon the citizen should he not choose to answer any or all of these questions?
- Are you aware of a document (with my original signature) that obligates Issuer to adhere to this policy or corporate statute of your employer? Yes No
- The name of this document: ___________________________________________
- Name of person in government requesting this information:
- Have you consulted, questioned, interviewed, or received information from any third party relating to this matter? Yes No
- If yes, give identity of all such third parties:
- Will the public servant guarantee that the information in these files will not be used by any other department other than the one by which he is employed? Yes No
- Do you reasonably anticipate either a civil or criminal action to be initiated or pursued based upon any of the information which you seek?
Notice: If any request for information relating to citizen is received by any person or agency, recipient must advise citizen in writing before releasing such information. Failure to do so may subject you to possible civil or criminal action as provided by this act or other law(s).
ATTESTATION AND VERIFICATION
The Undersigned acknowledges receipt of the foregoing notice and hereby swears or affirms under penalty of perjury that answers
provided to the foregoing questions are true and correct except where based on belief and as to these things believes them to be true
and will testify to these under oath in the court of law.
Signature of public servant/corporate government employee
___________________________________________________ Date ______________
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