Aviso de queja relacionada con 2022-0755

OF
OFFICE OF
POLICE OVERSIGHT
FOUNDED
NOTICE OF COMPLAINT
September 9, 2022
ICMS #: 2022-0755
On September 6, 2022, the OPO received an email complaint.
The complainant alleges: Official complaint about the authorizing Police Officer on scene
of the unlawful restraint and Official Notice and Cease & Desist to Austin Police
Department:
This is an official response and complaint against the Austin Police Department, the
original employee initiating contact with me, and all rest of the employees present and
involved in the alleged traffic infractions initiating the stop.
The night of
I was traveling, not driving nor for compensation nor
commercial gains, in my automobile when I saw, what seemed like, emergency lights
behind me.
So I pulled over, stopped, rolled my front left door window down, waited to identify if the
person was an actual law enforcement officer, and then I began recording. The officer,
identified as
,
told me he stopped me for alleged traffic infractions and was
correctly called in by his supervisor to assist. But my phone's memory ran out SO I had to
live stream it to my social media. The video proof attached is the live streamed video
portion of the stop.
When I began the live stream Police Officer
has already taken my Due
Notice binder, seems to have read some of it and called his supervisor Police Corporal
he was taking a look at the binder as well and Police Corporal
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NOTICE OF COMPLAINT
also called Sergeant
which we were waiting for while Police Corporal
#
was finishing reading my binder.
See 00:00 through 3:57 in the video attached below.
Then Police Corporal
presents himself to me for the 1st time after going
through the binder. I tried to explain to him that Texas Transportation Code § 502.003
states that I do not need to carry an occupation/ driver's license nor to register my
automobile unless I am operating for compensation/ commercial gain. But Police Corporal
did state he did not know that code and asserted that I had to have a driver's
license to operate upon the roadways.
See 3:58 through 5:26 in the video attached below.
Police Corporal
then asserts that Police Officer
has a lawful
detention on me for a traffic violation and told me that the only way he would have to take
me to jail. This is the 1st time I was threatened with arrest by an officer during the alleged
traffic stop. Police Corporal
also seemed not to understand what traffic
meant even after allegedly reading my due notice binder giving the lawful definition of
traffic or he chose to not read the binder thoroughly enough. I then gave Police Corporal
notice that I will be suing if I was forced to identify myself.
See 5:27 through 6:47 in the video attached below.
In an attempt to see what Police Police Corporal
training and understanding
of the law was, I asked him if he ever heard of the difference between traveling VS driving
and he confirmed to have heard of there being a difference but denied the validity of it in
everyday real life.
See 6:48 through 7:26 in the video attached below.
Police Corporal
then disregarded my rights and claim of rights and took it
upon himself to try to violate my rights in order to speed up the process of the alleged
CITY OF CUSTOM
OFFICE OF
POLICE OVERSIGHT
FOUNDED
NOTICE OF COMPLAINT
traffic stop. While doing SO Police Corporal
invited me to hold him
responsible in any lawsuit I bring and then threatened me to take me to jail for the second
time and therefore kidnap me. Police Corporal
even went SO far to say that
if I don't step out of my automobile he will make sure I will be taken to jail as well, making
that his 3rd direct threat to my freedom. I then asked Police Corporal
why
he decided to order me to step out of my automobile and tried to make him aware of how
that was an unlawful order via there not being a threat to officer safety visibly nor allegedly.
But Police Corporal
cut me off while giving him such notice and said he
will wait for his Sergeant and will do SO at his Sergeant's orders, making that the 4th time
I got threatened with arrest.
See 7:27 through 9:13 in the video attached below.
I then began to scold Police Corporal
and seemed like Police Officer
was insinuating that I need to identify myself again and I made it clearly known to
the officers and for the record that Police Corporal
told me he would wait
for his sergeant. I made it clear for the record that I would identify myself once somebody
takes the responsibility of threatening my freedom, to which Police Corporal
answered after the sergeant gets there.
See 9:14 through 10:30 in the video attached below.
I then finished scolding Police Corporal
and attended the audience in my
livestream while we waited for Sergeant
See 10:31 through 20:12 in the video attached below.
Then Sergeant
presents herself, identifies herself, and tells me the officers only
want me to identify myself SO that they can give me a citation. I asked Sergeant
if she ever heard of Texas Transportation code § 502.003 and she asserted that we have
passed that point. I asked how that is and Sergeant
admitted to having been
informed of the code and also that she understands I was not operating for compensation
nor commerce. Sergeant
then made it clear that I would get arrested if I did
not identify myself SO I did. This was the 5th official time I was threatened with arrest. And
OF
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NOTICE OF COMPLAINT
then she asked if I had a driver's license at one point to which I told her I did but that I did
not need to provide it because I was not driving, I was traveling. It was also stated all
throughout my notice binder and I already made Police Officer
& Police
Corporal
verbally aware as well. I also put Sergeant
on notice
that I would sue verbally. It was at this point that my constitutional rights under the 4th and
5th amendment were violated under the approval of Sergeant
via being
unlawfully seized/ detained and being forced to to be a witness against myself by
identifying myself.
See 20:13 through 25:15 in the video attached below.
Then Police Officer
asked to see my VIN#, I allowed it in order to get out
of this situation as soon as possible, my rights were already violated anyways and I have it
all on camera. Then Sergeant
admits to me that she has been an officer for 18
years and that she has heard about the difference between traveling and driving. Sergeant
also, when I asked if she was violating my rights in spite of knowing the
difference between driving and traveling or if she just didn't believe what I was saying, she
answered very generally that we all have different beliefs. She also stated that nobody was
violating my rights. To which I then assumed it was her negligence of the matter of driving
VS traveling. She then agreed that negligence of the law was no excuse.
See 25:16 through 28:30 in the video attached below.
I then began to lecture and read my due notice binder that was returned to me.
See 28:31 through 35:26 in the video attached below.
Police Officer
then presents himself for the last time to give me a citation
for the alleged traffic code violations. To which he admitted that if I did not sign it I would
go to jail SO I signed it under duress and then he told me I was not detained any longer.
See 35:27 through 37:02 in the video attached below.
OF
CITY
COSTAL
OFFICE OF
POLICE OVERSIGHT
NOTICE OF COMPLAINT
I have the video proof attached below of me being coerced into having my constitutional
rights under the 4th and 5th amendment rights violated and my right to travel violated. The
Austin Police employees present the night of my alleged traffic stop unlawfully restrained
me as described in the Texas Penal Code - Title 5. Offenses Against the Person § 20.02-a
after being put on notice of not driving nor participating in traffic, violation of my
constitutional rights under the 4th amendment, see the attached code in full below. The
Texas Transportation Codes under Title 7 named Vehicles and Traffic which I am falsely
being charged with is being used as a lawful reason for the officers involved violate my
constitutional rights under the 4th amendment protecting me from unlawful searches and
seizures, 5th amendment via being forced to to be a witness against myself by identifying
myself and my right to travel as expressed in the Articles of Confederation Article IV listed
below & protected by the 10th & 14th amendments of the Constitution for the united States
of America listed below & protected by the Constitution of the State of Texas 1876 Art. 1,
§ 33 below & protected by all of the other right to travel supreme court case law listed
below; As I was not even engaged in traffic as defined by Henry Blacks Law Dictionary,
or any commerce therefore not putting me under the jurisdiction of the traffic codes
mentioned in Title 7: Vehicle and Traffic of the Texas Transportation code which initiated
the stop, and in regards to the registration fee is not required pursuant to Texas
Transportation Code - Title 7: Vehicles and Traffic § 502.003-a,1.
Please retrain your officers in the differences in definition between driving, traffic,
traveling for non-hire, and the fact that it is clearly stated in Texas Transportation Code
-
Title 7: Vehicles and Traffic § 502.003 specifically says unless I am operating for
compensation, I am not required to register my automobile therefore not required to have
license plates nor have a occupation license therefore not required to have nor show a
driver's license. Also retrain your officers by informing them that the Texas Transportation
code changes the definition of motor vehicle multiple times in the code, of which I have
attached two of the times below, see § 501.002, § 502.001 and Title 18 U.S. Code Sec. 31-
6 definitions as well that I copied below for example, in order to clear up the cognitive
dissonance behind the misunderstanding of the Texas Transportation code Please train
your officers about U.S. Constitution, Article I, Section 8 reserved the rights of congress
to regulate Commerce among the several States not to regulate travel and that most of the
OF
GINE
SUBMIT
OFFICE OF
POLICE OVERSIGHT
NOTICE OF COMPLAINT
traffic violations cited pertain to Vehicles and commerce together, hence the Title of the
code is Texas Transportation Code, Title 7: Vehicles and Traffic; not "or traffic", its
vehicles and traffic together, "and" means together.
This libel was committed via the alleged citation attached and public defamation from the
Austin Police Department via being publicly wrongfully accused on the side of the public
road; And I will not accept this defamation towards my character. I need to be indemnified
for this, possibly irreparable damage done against my character which $651,000 in United
State of America Federal Reserve notes or any legal tender note or instrument guaranteed
that I can publicly use to redeem or exchange for lawful money, if legal to do so, that is
equal in value of the said amount of United State of America dollar federal reserve notes
will suffice and I will only then hold the prosecution innocent and consider myself repaired.
This amount is summed as $500,000 for 5 verbal threats to arrest me, $75,000 citation &
$50,000 for identifying myself & $26,000 for 26 minutes after 10 minutes of being
accosted as stated in my attached fee schedule. If payment is not made to me within 30
days of this notice or the day this case is dismissed, I may take proper legal action specified
in the copied below 18 U.S. Code Sec. 241, 18 U.S. Code Sec. 242, UCC Sec.1-308 and/or
file a claim/ lien to the appropriate bonds, insurance companies or other property legally to
be used as collateral for damages. See the video proof and my fee schedule attached if you
wish to continue to contract with me. Any further contact with me after this communication
will be considered as consent to my fees. Please note the officers were given notice of my
fees and they proceeded therefore agreed.
See electronic signature at the end of this official response/ complaint/ cease & desist/
notice. If this was received via electronic mail, or email, please scroll all the way to the
bottom of this email and click any view full email options in case the electronic carrier and
receivers of this email shortens view of the full email.
OF
GINE
CUSTOM
OFFICE OF
POLICE OVERSIGHT
FOUNDED
NOTICE OF COMPLAINT
This notice of complaint is a request for Internal Affairs to initiate an investigation to
determine if the employee conduct is within compliance of APD policy, Civil Service
Rules, and Municipal Civil Service Rules.