Inquiring Police STOP, Illegal._

Inquiring STOP, Illegal

Does a law enforcement officer, either by statute or common law, have the authority or right to stop a motorist on the highways of the state of Washington, who has not committed a misdemeanor in the officer’s presence and is not suspected by the officer of having committed a felony, for the sole purpose of determining whether or not the motorist has a valid operator’s license on his person?

We answer your question in the negative.


The facts implicit in your question are assumed to be as follows:

A motorist is operating a motor vehicle upon a public highway when he is confronted by a uniformed peace officer.  The officer, by use of an arm signal, or some mechanical device such as a red light or siren, directs the operator to drive to the side of the highway and stop.  After the vehicle stops, the peace officer demands to see the operator’s driver’s license.  The purpose of this inspection is solely to determine whether the operator has a valid driver’s license on his person.

[[Orig. Op. Page 2]]

Under these circumstances, there can be no doubt that such operator’s freedom of locomotion -or liberty to come or go -is restrained.  The question remains, however, whether such restraint constitutes an arrest.

4 Am.Jur., Arrest, § 2, contains the following definition:

“An arrest is the taking, seizing, or detaining of the person of another, either by touching or putting hands on him, or by any act which indicates an intention to take him into custody and subjects the person arrested to the actual control and will of the person making the arrest. . . .  However, in all cases in which there is no manual touching or seizure or any resistance, the intentions of the parties to the transaction are very important; there must have been intent on the part of one of them to arrest the other, and intent on the part of such other to submit, under the belief and impression that submission was necessary. . . .”

“Arrest,” as the term is commonly used in the law, has been variously defined by the courts.  Perhaps one of the most comprehensive definitions is found in Black’s Law Dictionary, 4th ed., which reads:

“To deprive a person of his liberty by legal authority.  Taking, under real or assumed authority, custody of another for the purpose of holding or detaining him to answer a criminal charge or civil demand.  Ex parte Sherwood, 29 Tex. App. 334, 15 S.W. 812.  Physical seizure of person by arresting officer or submission to officer’s authority and control is necessary to constitute an ‘arrest.’  Thompson v. Boston Pub. Co., 285 Mass. 344, 189 N.E. 210, 213.  It is a restraint, however slight, on another’s liberty to come and go.  Turney v. Rhodes, 42 Ga. App. 104, 155 S.E. 112.  It is the taking, seizing or detaining the person of another, touching or putting hands upon him in the execution of process, or any act indicating an intention to arrest.  [Citing cases]”

In order to constitute an arrest, it is generally recognized that four elements must be present:

1.  Intent to arrest.

2.  Under real or pretended authority.

3.  Accompanied by seizure or detention of the person.

4.  Which is so understood by the person arrested.  6 C.J.S., Arrest § 1.




Attorney General

Assistant Attorney General

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Paul John Hansen -Foremost I love the Lord, His written Word, and the Elect Family of God. -My income is primarily derived from rental properties, legal counsel fees, selling PowerPoint presentations. -I am a serious student of territorial specific law, and constitutional limitations of the US and STATE Governments. -I have been in court over 250 times. -I have received numerous death threats that appear as to come from NEBRASKA STATE agents. -I have been arrested an estimated 8 times. Always bogus false warrants, misdemeanor charges. (Mostly Municipal Housing Codes, or related acts.) -I file no Federal Income Taxes (1040 Form) since the year 2001. (No filings in any form.) -I pay no State income taxes. -I do not pay STATE sales tax on major purchases. -I pay no COUNTY property taxes with out a judicial challenge. ( I believe I have discovered a filing for record process that takes my land off the tax roles. ) -I currently use no State drivers license, carry no vehicle liability insurance, do not register my automobiles. -I do not register to vote for any representatives. -I am a 'free inhabitant' pursuant to Article 4 of The Articles of Confederation. (Not a US citizen.) -I am subject to the Church jurisdiction, and a strong advocate of full ecclesiastical independence from the United States jurisdiction. -I believe in full support of the perpetual Union as found in the Articles of Confederation. -I believe that a free inhabitant has the lawful standing to choose to live independent of the constitutional corporate US governments, and its statutory courts in the vast majority of his daily life, and to be forced to do otherwise is slavery. -I believe that most all US written law is constitutional, but most all of that same law is misapplied upon jurisdictions where it has no force and effect of law and the bar association has perfected a system of keeping the people from knowing its true application. Order my 5$ presentation 'Free Inhabitant One A', for the truth in limited jurisdiction of all US written law.
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