Notice to All Public Entities, Municipal Corporations, and Agents of State, County, and Federal Entities
TO WHOM IT MAY CONCERN:
This notice serves as a publication to all public entities, municipal corporations, and agents acting on behalf of state, county, and federal entities. It is imperative to adhere to the constitutional protections and legal precedents established by the United States Court of Appeals and the Supreme Court.
Legal Requirements
Requirement of Corpus Delicti: In accordance with the fundamental legal principle, a crime cannot be established without an injured party, known as “Corpus Delicti.” Without evidence of harm or injury, no crime is legally recognized, and consequently, no penalties or sanctions can be legitimately imposed.
Protection of Constitutional Rights: Under the Constitution, no individual shall face penalties or sanctions for exercising their protected rights. Specifically, any punitive action taken against an individual for asserting their right against unreasonable searches and seizures, as safeguarded by the Fourth Amendment, is unconstitutional. (See: Terry v. Ohio, 392 U.S. 1 (1968)).
Right to Judicial Review: Prior to the imposition of any penalty or sanction for non-compliance with administrative demands, individuals are entitled to judicial review. This ensures that individuals can challenge the legality and reasonableness of such demands in a court of law before any punitive measures are enacted. (See: Mathews v. Eldridge, 424 U.S. 319 (1976)).
Unlawful Penalties: Any penalty imposed without prior judicial determination regarding the lawfulness of the administrative action is deemed unlawful. This includes but is not limited to, discharge from employment, imposition of fines, or any other form of punitive measure without due process. (See: Sherar v. Cullen, 481 F.2d 945 (9th Cir. 1973)).
Legal Precedent
The case of Sherar v. Cullen, 481 F.2d 945 (9th Cir. 1973) serves as a cornerstone for these principles. In this case, Archie P. Sherar was unlawfully discharged from his position for refusing to comply with a personal tax audit without the opportunity for judicial review. The court ruled in favor of Sherar, emphasizing that such actions violated his constitutional rights, thereby setting a precedent that no penalty should be imposed without due process.
Additional cases supporting these principles include:
Spevack v. Klein, 385 U.S. 511 (1967): Holding that an attorney could not be disbarred for asserting the Fifth Amendment privilege against self-incrimination.
Garrity v. New Jersey, 385 U.S. 493 (1967): Ruling that police officers could not be forced to incriminate themselves under threat of job loss.
Boyd v. United States, 116 U.S. 616 (1886): Establishing that compelling evidence under threat of penalty violates the Fourth and Fifth Amendments.
Malloy v. Hogan, 378 U.S. 1 (1964): Affirming the right to remain silent without penalty.
Directive
All public entities, municipal corporations, and agents must strictly comply with these legal standards. Any actions or penalties imposed must be in full compliance with the constitutional protections afforded to all individuals. Non-compliance with these principles will be met with legal challenges and potential liability for unconstitutional actions.
This notice stands as a reaffirmation of the rights of all individuals under the Constitution and established case law. Adherence to these principles is mandatory, and any deviations will be subject to rigorous legal scrutiny and necessary corrective measures.
In honor with respect,
Devon Tyler of the BARBER NÈE MATERIO Family, Director/Managing Member
X@FaithFrontier.org / (609) 773-9036
Sunday, JULY 21, 2024 A.D.