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MEMORANDUM IN SUPPORT OF AFFIDAVIT OF PROBABLE CAUSE

NOTICE

NOTICE TO PRINCIPAL IS NOTICE TO AGENT

TO AGENT IS NOTICE TO PRINCIPAL

Unalienable and/or Constitutionally protected Rights cannot be impaired, removed, dismissed, impeded, taxed or

subordinated to procedural due process.

1. "The claim and exercise of a Constitutional Right cannot be converted into a crime." Miller v. U.S., 230 F, 2d 286, 489.

2. "All laws which are repugnant to the Constitution are null and void." Marbury v. Madison, 5 U.S. 137, 174,176.

3. A law that "impinges upon a fundamental right explicitly or implicitly

secured by the Constitution

is presumptively unconstitutional."

297,312.

Mobile v. Bolden, 446 US 55, 76; Harris v. McRae, 448 US

4. A law that improperly infringes on Constitutional Rights is void from its inception and no person can be obligated to obey such a law. 16A ArnJur2d Constitutional Law, Section 203.

5. "A legislative act contrary to the Constitution is not law." Carter v. Carter Coal Co., 298 U.S. 238.

6. "Insofar as a statute runs counter to the fundamental law of the land, it is superceded thereby." lQ. Am. Jur. 2 nd 177 late Am. Jur. 2nd,256.

7. "The mere chilling of a Constitutional right by a penalty on its exercise is patently unconstitutional." Shapiro v. Thompson, 394 U.S. 618.

8. "The court has flatly rejected the imposition of a tax upon a right secured by the Bill of Rights." Murdock v Pennsylvania, 319 US 105 (1943).

9. "Where rights secured by the Constitution are involved, there can be no rule-making or legislation which would abrogate them." Miranda v. Arizona, 384 U.S. 436.

10. That court proceedings must be within Constitutional provisions has been forcefully established by the Supreme Court. Smith v. US, 360 US 1; Muskrat v. United States, 219 US 346.

11. "Waivers of Constitutional Rights not only must be done voluntarily, they must be knowingly intelligent acts done with sufficient awareness of the relevant circumstances and consequences." Brady v. U.S., 397 U.S. 742 at 748.

12. "But whenever the judicial power is called into play, it is responsible directly to the fundamental law and no other authority can intervene to force or authorize the judicial body to disregard it." Yakus v. U.S., 321 U.S., 414 pg. 468.

Violation of Constitutional Rights voids in personam jurisdiction.

1. "A judgment rendered in violation of due process is void." World Wide Volkswagon v. Woodsen, 444 U.S. 286, 291; National Bankv. Wiley, 195 US 257; Pennoyer v. Neff, 95 US 714.

2. "If the Bill of Rights is not complied with, the court no longer has jurisdiction to proceed. The

judgment

pronounced by a court without jurisdiction is void

" Johnson v. Zerbst, 304 US

458,468.

3. "

the requirements of due process must be met before the court can properly assert in personam

jurisdiction."

Wells Fargo v. Wells Fargo, 556 F2d 406, 416.

4. "It is beyond question, of course, that a conviction based on a record lacking any relevant evidence as to a crucial element of the offense charged violates due process." Vachon v. New Hampshire, 414 US 478.

Memorandum in Support of Affidavit of Probable Cause. Page 1 of two