Ignorance of The Law.

Updated: Oct 7, 2020

“Ignorance of the Law”

The reason for this story is to enlighten you on how the Laws of this country can work for you.

Sometimes common sense will make you feel as if there is no way out of certain situations, but when it comes to law sometimes common sense is out the window. First you must know your rights and learn how to exercise those rights. To find this information about your rights you’ll have to take some time out to read the constitution. You have the ‘United States Constitution “which will provide you with all the laws of this country along with all your constitutional rights. Then you will have the Constitution of whatever state that you live in, which will contain all the laws of your state along with all the constitutional rights of your state. Some states have different laws than others but when there’s a conflict in law between states the united states constitutional law overrides.

The reason that I felt compelled to share this story and information with you is because I don’t want to see people to continue to make the same mistakes that me and a lot of other people in my situation make by “ignorant of the law”.

After years of fighting for my freedom and reading the laws and how they work and learning my constitutional rights and how to exercise them, I’ve learned that I should have never been “convicted of a crime “. Due to the rules and procedures and statues of limitations there’s nothing that I can do to change things so I chose to share what I have learned with the hopes that I can help someone else , “from becoming a legal slave of the law”.

My 17-year-old son and a couple of his friends were driving around one night just hanging out in Miami. One of his friends was the driver, my son was on the passenger side and the other kid was in the back seat. They were headed west on N.W. 95TH STREET and when they crossed the intersection on N.W. 17th Ave, they noticed an undercover police car making a U-turn and proceeded to follow them .So the driver proceeded west and crossed the intersection of N.W. 22nd Ave and made a left turn into a gas station that stands directly on the corner of 95th st and 22nd ave, Turning into this gas station he crossed a double yellow line. Once he pulled into the gas station the undercover police turned on his blue light and made a stop. My son and his 2 friends stayed seated in the car and a male officer went to the passenger side. *The officers ordered all the kids to exit the vehicle while they conduct a search of the vehicle. Upon searching the vehicle, the officers found half a rolled blunt of marijuana and a handgun under the passenger seat. The officers separated the kids and then began to question them. They all exercised their right to remain silent when the officers asked who the owner of the gun was. So being that the gun was found under the passenger side front seat, which is where my son sat, he proceeded to question my son further. * During this Questioning he resulted to a more friendly approach by saying to my son “Hey man I saw You bend down to put that gun under your seat”. You seem like a preatty good kid and I see that you’ve never been arrested before, so why you riding with a gun? So, my son Response was “Man it’s crazy out here and I need to protect myself.” @that point he told my son he is under arrest and took him to Juvenile Detention Center. Now, from a common sense standpoint it seems as if my son messed up and might be convicted if he goes to trial and his best bet is to plead guilty and settle for probation. But there were several violations of his Constitutional Rights, that lead up to this illegal arrest. Because of this situation and the violations his case was Won before going to trial.

I WILL EXPLAIN THAT NOW. There are a few things that must take place to make this arrest legal.

Because your 4th Amendment rights protects all citizens of this country against these types of illegal arrest. Your 4th amendment Constitutional right states: “The right of the people to be secure in their persons, houses, papers, and affects, against unreasonable searches and seizures, shall not be violated , and no warrants shall issue, but upon probable cause , supported by oath or affirmation , and particularly describing the place to be searched , and the persons or things to be seized.”

The first thing that must happen is that the initial “stop” must be justified.

Second, the search must be probable cause to make an arrest.

Third there must be probable cause to make an arrest.

So now, I’ve given you the story of what took place, I’ve shown you what your 4th Amendment Constitutional rights are, and what steps must be taken by the police to make this justified legal arrest. Now I’m going to show you what the police version of this story would look like after he writes his police report to justify the three steps that I’ve shown you that must take place to make this arrest legal. And if you pay close attention you will find out a lot of important information, remember that to justify their arrest they will have to add to the story and take away. The reason why they do is because they know the laws and what needs to be said and not said to make the arrest legal. On the other hand, all we have is common sense and we don’t have a clue about what is really going on. what we are going through is what I call being caught up in a game where they know all the rules and we don’t.” Ignorance of the law” This is what the officer’s story would look like:

Arrest Affidavit (Police Report)

While Patrolling the area of N.W 17th Ave I observed a Blank Vehicle with dark tinted windows that looked suspicious. So, I proceeded to follow the vehicle for Further investigation. Upon my Further investigation the vehicle made a left turn in to a gas station located on the S.W. corner of N.W. 95th street and 22nd Ave. The vehicle crossed a double yellow line which initiated the stop of the vehicle. ME and my partner existed our vehicle to further investigate when me and my partner noticed the passenger of the vehicle bend down as if he was hiding something under his seat. As we approached the vehicle, I asked the driver for his license & registration and proof of insurance and at that point I noticed the smell of marijuana. We then asked the 3 subjects to exit the vehicle so that we may conduct a search of the contained leafy green substance that appeared to be marijuana. When we looked under the passenger seat, we recovered a semi-automatic 3.80 handgun. While questioning the passenger of the vehicle he confessed that the gun belongs to him. The subject was then placed under arrest and sent to juvenile justice center.

“Now I want you to pay attention to both versions of the story as I take you back and walk you through the 3 things that must take place to justify the arrest in this case.”

Remember First: The step must be Justified, in order to establish probable cause to be able to stop the driver of the vehicle first he had to be in traffic violation. So, in the police report he must establish probable cause to make the stop.

Second: in order for them to justify a search for the vehicle the officers needed “probable cause” to search the vehicle .In his report he establish “probable cause” to search the when he stated:@ that point I noticed a smell that I recognized as the smell of marijuana.”( 4th Amendment Right).

Third: in order to make the arrest they needed “probable cause” to make an arrest when he states: while questioning the passenger of the vehicle he confessed that the gun belong to him.

After reading both sides of the stories and me showing you the 3 things needed to justify the stop, search, and arrest in this case. Common sense would make you feel that this is an open and shut case and that my son will be going to prison but is not. I’m going to show you why we have laws and constitutional rights that protect us against being illegal arrested.

In all actuality none of the three things needed to justify the stop, search and arrest were done legally according to the standards of law set under the 4th amendment. {I will explain}

First to justify the stop the driver must commit a traffic violation. Yes, he crossed the double yellow line, but when you read the Laws which defines the violation of crossing a double yellow line you would have to look under fla. State. 316.089 (1) which state: Whenever, any roadway has been divided into two or more clearly marked lanes for traffic, the following rules, in addition to all others consistent here with, shall apply:

(1) A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from such lane until the drivers has first ascertained that such movement can be made with safety.

(2) Then you have Fla, State. 316.0875(2010) which does not permit crossing solid double yellow line even if it can be done safely, unless one of the exceptions in subsection (3) applies. Subsection (3) states: This section does not apply when an obstruction exists making it necessary to drive to the left of the center of the highway, nor to the driver of a vehicle turning left into or from an alley private road or driveway.By these laws the driver of the vehicle did not commit traffic violation. Because I asked my son was there another vehicle coming in the opposite direction when they turned into the gas station and he said “NO”. Therefore, the turn was made safely according to Fla, state, 316.089 and turning left across a double yellow line was permitted under those circumstance to turn into the driveway of the gas station according to Fla. State .316.0875 (3). This means the initial stop of the vehicle was illegal because the officers had no” probable cause” to stop the vehicle. Which also means that everything that took place after that stop, meaning the search, the marijuana, the gun, and the arrest was all illegal because your constitutional 4th amendment rights were violated. (See 4th Amendment Rights)

The Court States: An Officer’s stop of an automobile is legal when the officer has “probable cause” to believe that a traffic violation has occurred. These Officers are professionals and are supposed to know the law and when he knew that there was no other vehicle coming the opposite way, he knew these was no traffic violation to justify a stop. Second: My son also told me that the blunt they had in the car was half rolled and was never lit. but in the police report the officer said that he smelled marijuana but he never mentioned that the blunt was never lit. so there is a chance that whenever smelled marijuana but after he found marijuana in the car that was perfect to say he smelled it before it was found to establish “probable cause” Because without them finding marijuana he wouldn’t have been able to say that he smelled marijuana which would have eliminated his “probable cause” to search the vehicle. Because without ‘probable cause” they have no right to search this is what your 4th Amendment constitutional right protects you against. Third, even though my son stated to that officer wasn’t an outright confession the police states in the report that the defendant confessed that the gun was his, as if my son confessed that the gun was his. My main purpose for writing stories like this is to show how easily we can be manipulated into being arrested and sent off to prison for simply being ignorant t the law and not exercising our rights. But being that there was no “probable cause” for the initial stop, the so-called confession was illegally obtained and therefore it could not be used against him in court. So, without the confession there was no “probable cause” for the arrest.

The reason I share this story with you is because it’s a true story and I knew that I had to fight for my son to save him from a lifetime of misery of being caught up in this system. When I called home and heard that my son was arrested for possession of a firearm, I knew from years of research that there is a good possibility that his constitutional rights were violated. after I spoke to his mother, I asked her to go get the report from the officer she read it to me and spoke with my son and got his side of the story. I did some research and wrote down everything I seen wrong from the officers part and spoke to my child’s mother and explained to her what she need to let the public defender and what needed to take place for his case to be dismissed. Of course, the Public defender was not happy that we requested a dismiss on the case and stated that this was not how the law works. but exactly this is how the law works and being that public defenders work for the system aswell don’t want to have to put in the work that is require to dismiss cases or actually fight for your rights of the reason I prepared a packet that supported the violation of his stop and how she need to file for a dismiss of his case . my child’s mother stuck to her guns about the dismissal of the case and it took months, then the public defender told her that she will dismiss the gun charge and have my child plead guilty for the lesser charges even though he wasn’t charged for the lesser crimes. my child’s mother explained to her she wanted to tell the judge to change the public defender because obviously the child’s best interest wasn’t in her best interest, and the public defender told her would speak to the prosecutor to give her another chance. So, the public defender came back and told her that she would need to set the court date back one more time and that she was going to get the case dismissed for her. The court date came I prayed all night asking God to have Mercy on my son because I didn’t want him to get caught up in this system and when I called him the next day just like that they dismissed the case and I Thank God for that .. I hope this story enlighten you some way or another and at the same time educated you about your Amendments Rights and how we need to be educated about the Law.

Fourth Amendment

The Fourth Amendment was part of the Bill of Rights that was added to the Constitution on December 15, 1791. It protects people from unlawful searches and seizures. This means that the police can't search you or your house without a warrant or probable cause.

From the Constitution

Here is the text of the Fourth Amendment from the Constitution:

"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants

shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." Reasons for the Fourth Amendment

The Fourth Amendment came about because of the actions of British tax collectors before the Revolutionary War. They would use general warrants to enter and search any house they wanted without needing evidence of wrongdoing. The Founding Fathers wanted to protect people from this sort of invasion of privacy from the government.

What is "searches and seizures"?

A "search" under the Fourth Amendment is when a public employee (like a police officer) looks at something that is considered "private". It typically takes two things in order for something to be considered "private":1) the citizen thought it was private and it would not be able to be viewed by the public (For example, something inside a house would be private, something on the driveway could be viewed by anyone).

2) these expectations of privacy are realistic (It wouldn't be realistic to expect something on your driveway to be private).

When someone is "seized" they are not free to leave (like being arrested and placed in jail). When something is "seized" it cannot be taken back (like the police taking your wallet and not giving it back).

Judges Warrant

In order to conduct a legal "search" or "seizure" the police must have a warrant written by a judge. To get this warrant they must present evidence to the judge that some criminal activity has taken place. This assures that the police can't enter a person's home or arrest a person without evidence that has been reviewed by a judge.

Probable Cause

The Fourth Amendment also states that there must be "probable cause." This means that there is enough evidence to show that a crime has likely been committed. The police must have this evidence before any arrest or search. Any evidence found during the search does not count as probable cause.

How does this work in public schools?

he requirements for search and seizure are slightly different in the public schools. The Supreme Court has said that school officials and police officers can search a student if they have "reasonable suspicion" that a crime has occurred. This is less of a requirement than "probable cause."

Some Searches Are Allowed

There are certain places and situations where people are searched or stopped without a warrant. Consider the airport where everyone who flies is searched. When you agree to fly, you give up some of your Fourth Amendment rights. Another example is a roadblock that tests for drunk drivers. When you drive on public roads you give up some of your Fourth Amendment rights. These searches are generally accepted by the citizens for their own safety and protection.

Interesting Facts about the Fourth Amendment

Evidence that is obtained by violating the Fourth Amendment is usually not admissible in court. Objects that are in "plain view" (a police officer can see them) are subject to search and seizure. If someone agrees to being searched, then no warrant is needed. School lockers can be searched without a warrant in many states.

THE PURPOSE OF A PUBLIC DEFENDER :The purpose of the Office of the Public Defender is to safeguard individual rights in all criminal and related matters, from arrest or threat of confinement through all stages of the criminal proceedings including appeal and parole board matters, if any, consistent with applicable laws, court rules, and rules of professional responsibility. Pursuant to this objective, the primary function of the Office of the Public Defender is to provide the assistance of effective counsel in all criminal and related proceedings.

Plead deals: Your attorney can advise you on whether the plea deal can be improved, or whether taking the case to trial is a better idea. Keep in mind: A guilty or no contest plea is considered establishment of your guilt, and the conviction will go on your criminal record.

In that world, 97 percent of federal cases and 94 percent of state cases them include: Reducing the number of cases going to court. … For the defendant on a limited budget or that wants to get their case over with, a never take place.

Instead of waiting for their cases to go to trial, most people choose to plead guilty, Yoffe reports. On average, 94 percent of state-level felony convictions are the result of plea bargains, as well as around 97 percent of federal convictions

Plea bargains serve a purpose for courts. Some reasons prosecutors offer them include: Reducing the number of cases going to court. ... For the defendant on a limited budget or that wants to get their case over with, a plea bargain speeds up the process and lets the defendant get on with their life.

Anthony Smith

Aka: Jacques Edwards

Currently: Pre-Trial Detention Center

54 views0 comments
IJN We Protected©®™