Monday, February 2, 2009

(example)

Verified Affidavit in the Truth
Notice for the Public Record

Whereas, an unrefuted affidavit noticed for the public record is the highest form of evidence, I am hereby timely creating public record
by declaration with the following"Verified Affidavit in the Truth" by seasonable and timely notice, establishing factual evidence, and
establishing estoppel in order of protecting my rights and my private property.

I hereby and herein declare that I am competent and of age for testifying. I have personal knowledge of the facts stated herein. The facts
stated herein and stated under penalty of perjury by the Laws of God, my creator, and by the laws of the United States of America, the
perpetual union of sovereign states combined within the union of states. I have verified the facts stated herein as being true, correct, complete,
certain and not misleading by signing and sealing my affidavit before a Public Notary as an authentic act.

The following facts are being duly noticed for the public record concerning (FIRST & LAST NAME), as referenced by your Complaint No
_________. Notice to principal is notice to agent. Notice to agent is notice to principal. I hereby and herein declare and proclaim, by good faith,
with clean hands and at arm's length, the following:

1) On December 23rd 2008, (FIRST & LAST NAME) was traveling on the public right-of-way, conducting himself in an orderly and decent manner,
neither interfering with or disturbing the Rights of another, when Officer (first & last name) of the (city) Police Department proceed to violate
(FIRST & LAST NAME)'s reserved God given and constitutionally guaranteed right to liberty and public
vehicular travel on the common way.

2) (FIRST & LAST NAME) was exercising his right to public vehicular travel when Officer (last name) proceed to turn on his warning lights and pull him
over and begin the harassment. (FIRST & LAST NAME), understood that it was the intention of Officer (last name) to deprive him of his personal
private property, (i.e. financial consideration) and therefore cooperated so that no other rights might by violated by Officer (last name). And
presumably since a "complaint" was issued it was clearly the intention of Officer (last name) to deprive (FIRST & LAST NAME) of financial
consideration for the alleged violations. Such financial considerations are also his reserved private property.
All of this was conducted under the color of law and without any probable cause or due process.

3) The definition of personal liberty is:

"Personal liberty largely consists of the Right of Locomotion - to go where and when one please, only so far restrained as the Rights of
others may make it necessary for the welfare of all other people. The Right of the people to travel upon the public highways and to transport his
private property thereon, by horse drawn carriage wagon, or automobile, is not a mere privilege which may be permitted or prohibited at will, but
the common Right which he has under his Right to life and liberty, and pursuit of happiness. Under this constitutional guarantee one may,
therefore, under normal conditions, travel at his inclination along the public highways or in the public places, and while conducting himself in an
orderly and decent manner, neither interfering with nor disturbing another's Rights, he will be protected, not only in his person, but in his safe
conduct." [emphasis added] II Am.jur (1st) Constitutional law, sect.329 p.1135

and further...

" Personal liberty- consists of the power of locomotion, of changing situations, of removing one's person to whatever place one's inclination
may direct, without imprisonment or restraint unless by due process of law." 1 Blackstone's commentary 134: Hare, Constitution_.&&&: Bovier"s
law dictionary, 1914 ed., Black's law dictionary, 5th ed.

4) This concept is further amplified by the following elaboration of personal liberty:
"Personal liberty, or the right to enjoyment of life and liberty, is one of the fundamental of natural, which has been protected by its inclusion as
a guarantee in the various constitutions, which is not derived from, or dependent on, the U.S. Constitution, which many not be submitted to a
vote and may not depend on the outcome of an election. "It is one of the most sacred and valuable Rights, as sacred as the Right to
private property... and is regarded as unalienable." C.J.S. Constitutional law, sect. 202, p.987.

5) Whereas (FIRST & LAST NAME) is not a resident of the state of __________ or a U.S. citizen but a Sovereign American National, he is therefore not
subject to your jurisdiction concerning the (state) vehicle code, or any other laws which are ultra vires to the Supreme Law of the Land which is
the U.S. Constitution.

6) Whereas (FIRST & LAST NAME) has no reason to enter into a contract with the State of _________ by accepting an offer of contract entitled
(Title of ticket or complaint document) or any other contract related to this complaint and reserves all his Rights!

7) Whereas (FIRST & LAST NAME) is a Sovereign American National who reserves ALL of his God given and Constitutionally protected Rights including
the Right to Liberty which clearly includes the right to travel freely and unencumbered, the following court cases establish beyond the shadow of
any reasonable doubt that the "State cannot diminish the Rights of the People" (Hertado v. California, 110 US 516) and that "The claim and
exercise of a Constitutional Right cannot be converted into a crime" (Sherer v. Cullen, 481 f 946). Therefore the State of Arizona and
Yavapai County have no jurisdiction and no case against (FIRST & LAST NAME). And this complaint# 38978 must be dismissed because of
(FIRST & LAST NAME)s claim and exercise of his God given and constitutionally guaranteed Rights cannot be converted into a crime and no sanction
or penalty can be imposed for this lawfully action on his part.

8) It is further established by the following citations of case law that since (FISRT & LAST NAME) has reserved and secured his God given and
Constitutionally guaranteed Rights that they cannot be defeated or abrogated. "The assertion of the federal rights, when plainly and
reasonably made, is not to be defeated under the name of local practice." (Davis v. Wechsler, 263 US 22, at 24) and " Where rights
secured by the Constitution are involved, there can be no rule making or legislation which would abrogated them."
(Miranda v. Arizona, 384 US 436, 491.) And finally, "Statutes that violate the plain and obvious principals of common right and common
reason are null and void." (Bennet v. Boggs, 1 Baldw 60) Therefore complaint # 38978 must be dismissed because any statute or regulation
which violates (FIRST & LAST NAME)'s common and God given rights guaranteed by the U.S. Constitution is necessarily null and void.

9) Whereas Officer (last) and City Attorney (last) were duly noticed on February 2nd 2009 with an Acceptance of their Oath of Office by
Certified mail #_________________ #________________, they now have a binding bilateral contract to uphold and defend the God given and
Constitutionally guaranteed rights of (FIRST & LAST NAME), therefore no witness can be presented to testify against him. For Officer (last) or
City Attorney (last) to testify against (FIRST & LAST NAME) would be to dishonor their solemn oath of office and would be a breach of good faith and
repugnant to the Constitution of (state) and of the United States of America. Therefore this complaint # _______ must be dismissed for lack of
evidence.

10) Finally, in article six of the U.S. Constitution:
"This Constitution, and the laws of the United States which shall be made in Pursuance thereof:...shall be the Supreme Law of the
Land: and the judges in every state shall be bound thereby, any Thing in the constitution or laws of any state to the contrary
notwithstanding." Also in the same Article, it says just who within the government is bound by this Supreme Law:

" The senators and representatives before mentioned, and the members of the several State Legislatures, and all executive and
judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation to support this
Constitution...."
Therefore, if we are to follow the letter of the law, (which every public servant has sworn to do!) this places official who involve themselves
in such unlawful acts in an unfavorable legal situation. For it is a felony and a Federal crime to violate or deprive people of the constitutionally
protected rights. This system of law dictates only two ways to legally remove a rigth belonging to the people: 1) by lawfully amending the constitution
or 2) by a person knowingly waiving a particular right. And since there have been no legal amendments limiting freedom, liberty and the right to travel,
and since (FIRST & LAST NAME) has not knowingly waived any of his rights with respect to complaint # ____ we will consider this matter completely
dismissed, discharged and closed without any recourse or repercussion pending the (10) business days provided for below.

If any man or woman wishes to respond to or rebut the foregoing "Verified Affidavit in the Truth", or has information that would controvert and
overcome the foregoing "Verified Affidavit in the Truth", he or she is required to make such a responce or rebuttal, using only facts based on first-hand,
personal knowledge, within ten business day of receipt by written, controverted, counter-affidavit form, signed under penalty of perjury, before a Public
Notary, using his/her Christian name, controverting and overcoming each and every point of the foregoing "Verified Affidavit in the Truth", proving with
particularity by stating all requisite actual evidentiary fact and all requisite actual law and not merely the ultimate facts or conclusions of law, that my
facts are substantially and materially false sufficient for changing my factual declarations. Thre foregoing "Verified Affidavit in the Truth", is an
instrument in commerce, and I hereby and herein explicitly reserve all my rights without recourse. In commerce, an unrefuted affidavit noticed on the
Public Record is the highest form of evidence. Your silence stands as consent to, and tacit approval of, the factual declarations herein being
established as fact and the foregoing "Verified Affidavit in the Truth", will stand as final judgmentin this matter. Failure to respond, nihil dicit, within
ten business days of receipt establishes your unconditional acceptance of the foregoing facts and the dismissal, closure and cancellation of this
matter.


Verification: I verify under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed at arm's
length, on the ____day of the ____ month in the year of our Lord, two thousand six, at the county of_________, in the state of _______.


By: me. addressee: (FIRST NAME), family of (last) a Sovereign

_____________________________


Notary: _____________________________ Seal


Witness: _____________________________


Witness: _____________________________

Authentication
The United States of America, the perpetual union of sovereign
states combined to form a constitutional republic on the soil of Arizona,
a sovereign state within the perpetual union of states.

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