Power Foreign to Our Constitution
The Politics of Changing a Light Bulb
by Ron Branson - National J.A.I.L.
CIC - www.sd-jail4judges.org
First published in The
Seattle Sinner July, 2007
Life is a series of problems and solutions, some trivial and some major.
One of the trivial problems we in society face is that light bulbs do not
last forever. The solution is quite simple: you purchase a new light bulb,
remove the old one, and replace it with the new one. Now, this is not complicated,
is it? But now let us enter police, lawyers, and politics into the equation
of changing a light bulb.
In my eighteen years of legal research and fourteen cases to the United
States Supreme Court, (no I am not an attorney), I came across a case that
involved a woman driving through the City of Burbank, California. She was
stopped by a police officer because she had a tail light out, unbeknownst
to her.
As a result, the officer asked to see her drivers license, and as many
women having two purses, she realized that her drivers license was in her
other purse. She was arrested, taken down to the police station where she
was fingerprinted, photographed, and endured the humiliation of a strip-search,
which also included a cavity search.
Thereafter, she brought suit against the City of Burbank and its police
department. As a result of her suit, she established that neither the fact
of a light bulb being out, nor the absence of the presence of a drivers
license justified probable cause to conduct a strip and cavity search of
her body.
While we can all easily figure this out as it is dictated to us by common
sense, after many untold hundreds of thousands of expended dollars, lawyers
fighting each other on both sides, plus years of court litigation, the
bulb was replaced. Problem solved!
[We still do not know whether the City of Burbank was looking inside
the woman for a light bulb, or a drivers license. And what did the City
Council of Burbank learn from this experience? They learned that they are
going to have to raise taxes in case there are future lawsuits of this
nature.]
Now you may very well be thinking that this is just an isolated incident,
and you are thankful that it is not the norm. Well, I am here to tell you
that these types of litigation are all too common.
Take, for instance, the recent experience of Henry Nicolle of Ventura,
California just last month, March, 2007. Quoting excerpts from Mr. Nicolle's
testimony, he states:
"I was going home at about 10:45 in the evening, an early evening
for me. I noted a car behind me for the last few blocks before my house,
but it appeared to be a compact, not a full size, and when the red and
blue lights came on, I was a little surprised. I finished my turn, went
about a quarter block and turned into a small business office complex and
parked."
"The young female officer approached my rear left side and said she
had stopped me for the unlighted license plate. I said, 'Oh golly, I think
I have a replacement, let me get in the glove box and I'll fix it right
now and we can all go home, happy.' She said, "No, I don't care about that,
let me see your drivers license and registration." "
His response was limited to questioning the officer as to whether he had
committed a crime and was being placed under arrest. Continuing quote:
"Her backup arrived and her sergeant arrived and took over
the interrogation. We then established...that I had been stopped for a
traffic infraction, that I could not answer the license question, that
I was not free to go, that I was detained and arrested, there was no warrant
and...that I had committed a crime. ...I then closed the conversation by
the demand that I need to speak with my counsel and had nothing else to
say until I had the advice of counsel."
Henry says that when he stated that he needed counsel prior to answering
their questions, they handcuffed him and placed him into the police car.
Then, he said, a police officer took each side of the car, searching it
thoroughly with three additional officers searching the trunk for approximately
fifteen minutes. They sifted through oil containers, tools, donated clothing
for charity, and his Congressional campaign materials (he was a congressional
candidate). Then, prior to completing the search, he was transported to
jail, and thereafter in his absence, the car impounded. Within an hour
of impounding, the owner of the car (Mr. Nicolle was not the owner), was
forced to pay $455 to obtain his car following the one-hour impound.
"So, then I entered the booking section. 'Stand here, look
there, take off your shoes, ... answer these questions and sign this.'
Sorry, I cannot do either of those without the advice of counsel." ...
They replied that if I did not talk and sign I would never see counsel
nor would I see a magistrate. ...
"They had me strip naked and locked me in the "medical observation cell."
This is a standard 8 or 12 foot X about 15 foot cell, but with nothing
to disturb the pleasant pea green 1/4-inch-thick urethane industrial, self-skinning
foam which blankets every surface except the 10 X 18 inch barred hole in
the floor which serves as both a universal toilet and a drain for the hose-down
cleanup. Believe me, the effect of the foam on the bare flesh and bone
is little different that ordinary concrete or wood.
"Over the following 8 or 9 hours, I shivered and dozed on the cold,
hard floor while a variable parade of the curious visited my cell window.
I heard the arresting officer and another female, and probably a dozen
different male voices with conversations along these lines: Casually
- "Who's the guy in the penalty box?" "Oh that's Henry Nicolle, one of
those 'Liberty People' ". "Oh? Why did we arrest him?" "Just a license
plate light infraction." (incredulously) "An infraction? Why do you have
him in there?" "He won't answer our receiving questions and he won't sign
the inventory without advice of counsel and he wants to see the on-call
magistrate." "Oh. Well, those guys are all nuts anyway."
"...Our conversations reject the concept that the green rubber room,
or Penalty Box, had anything to do with psychiatric or medical observation.
Its function and deliberate use are a form of torture, and not self-torture.
You have no choices.
You will talk and sign or you will stay in here all night.
You will talk and sign or you will stay in here all night and all of tomorrow
and not see the magistrate in the morning.
You will answer our questions and sign our documents or you will NEVER
leave this room.
You can see your counsel after you sign and answer our questions, but not
before. ....
"About 7-8 AM, a sergeant opened the cell and threw a set of jail clothes
to me. 'Get dressed, I'm going to move you to another cell." I was moved
to the next sequential cell which had two phones, a bench and a standard
prison toilet. ...Eventually I was released about 1 AM the following morning.
(Wednesday). ...
Henry Nicolle."
Let us not forget, the problem was simply a broken bulb over the license
plate which the owner was able to replace after paying $455 to get
his car out of impound.
This publication is written to educate you on the inner workings of
"government" and "The Politics of Changing a Light Bulb."
For those of you who wish to email Mr. Henry Nicolle about this light
bulb experience, he may be contacted at http://www.california-freedomtofascism.org/
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