For an Article III warrant to issue: the warrant must be signed with a wet blue ink signature by a sitting judge who must have currently taken a constitutional oath of office which is on file and produce certified proof of a valid bond to indemnify the party to be taken into custody. (Forms of administrative procedural warrants will not be accepted.
1. WHEREAS, a warrant must specifically name the party in his or her proper given birth name and the capital crime alleged to have been committed;
2. must contain an affidavit executed (under oath) by the accuser, stating FIRST HAND facts which constitute a capital crime causing loss or damage to a named party;
3. must name the party to be arrested, or describe him or her sufficiently to establish identity;
4. must offer the warrant and the affidavit for inspection upon request;
5. No handcuffs; “
. . . a constable cannot justify handcuffing a prisoner unless he has attempted to escape, or unless it be necessary in order to prevent his doing so.” 51 L.R.A. 216; “The handcuffing was utterly unlawful.” Osborn v. Veitch1 Foster & Fin Eng Rep 317.
6. must immediately take the arrested party before a magistrate when demanded, and hold the party for no other purpose (no photographs, no fingerprinting);
You are responsible for everything that occurs to the arrested party, even if you should relinquish custody to an assign;
Unlawful arrest is assault, battery & trespass and may be charged under the law of Piracy;
There is no immunity in a false arrest case;
Good faith is not a defense to sustain false arrest under a defective and wanting warrant.
Lastly . . . Should the warrant state as cause to issue, a mere civil/statutory infraction or “offense” which fails to rise to the level of a capital crime, then the arrest is in violation of Article III “Due Process”. . . Be apprised, I do not by accommodation, accept any offer of arrest for any for profit private copyright statutory omission. The statute must define a capital crime and thereby probable cause must exist to issue a warrant based upon said probable cause as noted by the damaged party or his agent acting in his personal capacity.
WITH RESERVATION OF ALL RIGHTS WITHOUT PREJUDICE UCC 1 -308
(Blog Master’s Note: And you must ‘insist’ on an Article III Court. From Austin in an e-mail from the past: )
There are no Judicial courts in America and there has not been since 1789. Judges do not enforce Statutes and Codes. Executive Administrators enforce Statutes and Codes and thereby, there have not been any Judges in America since 1789. There have just been Administrators. ( FRC V. General Electric Co.
,Keller V. Potomac Elec. Power Co.1Stat. 138-178)