Arrested 11-15-2013 as I was with friends at a country dance club in Omaha Nebraska by four State Troopers putting on a big show.
(One trooper said; “we arrested him here about a month ago? I was smiling as I noticed them they had a defective warrant for it lacks a 4th amendment “verified” complaint in the case record and they have an obligation to investigate before they arrest me to avoid personal liability. Telling them that a citation is only a police report it does not rise to the level of evidence for the court to consider as needed for a warrant or subject matter jurisdiction of the case.)
Arrested by warrant for “failure to appear” for a 20011 traffic case hearing.
This is the 4th time I was arrested by warrant on this same case for failure to appear.
I purposely avoided the appearance because I wished to test the “verified complaint” in the record requirement before any arraignment at bar could be proceed.
Today bing 12-6-2013 after 21 days in Douglas County Jail, the day I was to have a hearing to challenge jurisdiction of the case, as question concerning can the court proceed to arraignment, or warrant, without a “verified complaint” evidenced in the record, they chose rather just to dismiss the three failure to appear charges with no hearing.
Now would they admit they were wrong and now face “likely” damages by civil suit unless they absolutely needed the said document to meet due process requirement.
Remember I sat in jail for 21 days before this judge realized I was right.
4 false arrest at 10K each time, and 3000$ each day for false imprisonment, is 103K$ says the USC, and not to forget proprietorial misconduct runs 50K$ for a grand Christmas present of a 153K$.
A local judge contacted me privately and said I was exactly right as to the need for evidence before the court, he said they have gotten away with it for years. adding that it is still required, but few defendants know it and a lawyers will get black listed for bringing attention to it. Add that most misdemeanors in Nebraska have the same defect making the judgments a nullity.
Paul John Hansen 11-22-2013
p.s. – life is good.
If you are interested in the briefs and judicial notice (No Verified Complaint) and following motions and challenges of jurisdiction of all three jurisdictions that scared this judge and prosecutor off click here >
I was told weeks later that the prosecutor dismissed because he felt I served enough time, now normally they would offer a plea deal with time served, so I think they let me go by dismissal because they had no verified complaint to invoke the courts jurisdiction in the firs instance, that being pre-arraighnment.
Click HERE to view the list of foundational information created by Lawyer Paul John Hansen to aid in independence from the US System.