Due Process

      The Russian Constitution, written by the government and not the People, provides the following rights for their citizens, the right to work, the right to rest, the right to maintenance, the right to education, the freedom of conscience, the freedom of religion, the freedom of speech, the freedom of the press and the freedom of assembly. But, what the Russian Constitution lacks is the right of due process. Due Process is the right to be heard in courts of Justice.

      “Due course of law, this phrase is synonymous with “due process of law” or “law of the land” and means law in its regular course of administration through courts of justice.” “No person shall be deprived of life, liberty, or property without due process of law. A similar provision exists in all the state constitutions; the phrases “due course of law,” and the “law of the land” are sometimes used; but all three of these phrases have the same meaning and that applies conformity with the ancient and customary laws of the English people or laws indicated by parliament.” Due process is the unalienable right that protects all of our rights. If “due process” is lost, the only remedy left the People is the 2^nd Amendment. It is the Sheriff’s duty to make sure it doesn’t come to that, but it does appear to be close. Due Process requires an indictment before being tried. Our County Jails are filled with People who were never indicted.

      Amendment V states, “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury.” Black’s Law defines an infamous crime a crime that carries a jail sentence. Due Process requires a trial by jury in a Court of Record. City, town or village courts are not Courts of Record. Our County Jails are filled with People who were never tried in a Court of Record.

      Amendment VI states, “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury…” The United States Supreme Court said, “Courts of Record and Courts Not of Record; the former being those whose acts and judicial proceedings are enrolled, or recorded, for a perpetual memory and testimony, and which have power to fine or imprison for contempt. Courts not of record are those of inferior dignity, which have no power to fine or imprison, and in which the proceedings are not enrolled or recorded.” “Due course of law, this phrase is synonymous with “due process of law” or “law of the land” and means law in its regular course of administration through courts of justice.”

      Due Process is not a Summary Conviction, which is a summary proceeding by a judge or magistrate. Our County Jails are filled with People who were sentenced by Summary Conviction. Summary Conviction are, “the conviction of a person, (usually for a minor misdemeanor,) as the result of his trial before a magistrate or court, without the intervention of a jury, which is authorized by statute in England and in many of the states. In these proceedings there is no intervention of a jury, but the party accused is acquitted or condemned by the suffrage of such person only as the statute has appointed to be his judge. A conviction reached on such a magistrate’s trial is called a summary conviction.”

Due Process requires a lawful warrant before a person’s property can be searched or property seizure; many people have been abused with unlawful warrants.

Amendment IV – “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

      Due Process requires that tax seizures have a warrant with a wet ink signature of a judge supported by a “Sworn Proof of Claim; many lives are destroyed by unlawful tax seizers. Non Judicial Foreclosures are without due process. Many homes are taken by unlawful foreclosures.

      “By the law of the land is more clearly intended the general law, a law which hears before it condemns; which proceeds upon inquiry and renders judgment only after trial.”[6] No man shall be deprived of his property without being heard in his own defense.[7] If People are going to be incarcerated, if Peoples’ homes are going to be searched, if Peoples’ homes are going to be seized or if peoples’ bank accounts are going to be seized, it must be done lawfully or America is no better off than any authoritarian State. It is the sworn duty of the Sheriff, being the chief conservator of the peace within his territorial jurisdiction and chief executive and administrative officer of the county to know when the Peoples’ unalienable rights are being violated and to protect them by preventing these acts of lawlessness. Let them get a Lawful warrant if they can.

Office of Sheriff is an Unalienable Right of We the People

      The Sheriff is the Peoples’ failsafe against tyrannical servants by ensuring that the law of the land is properly applied. The office of the Sheriff is the Peoples’ unalienable right. We the People depend upon the Sheriff knowing and performing his duties. As the United States Supreme Court said, “the Sheriff is the Chief Executive and Administrative Officer of a county and Chief Conservator of the Peace within his territorial jurisdiction.” Therefore, without a Sheriff there can be no “Court of Law.” Without a Sheriff there can be no lawful jail. Without a Sheriff there can be no lawful warrants served, no lawful evictions. Without a Sheriff there can be no lawful property seized. Without a Sheriff there can be no lawful eviction.

      Any arrest by any village, city, town, county or state police officer or by any federal agent, including FBI and U.S. Marshal, is, in fact, a citizen’s arrest; and, must be finalized by the Chief Conservator of the Peace, a/k/a the Sheriff when he accepts a prisoner into his custody. It is the Sheriff’s duty to make sure there was a lawful Indictment and strict adherence of due process by a Court of Law supported by sworn Affidavit(s).

      In fact, any seizure of any property or person under a Warrant by any village, city, town, county or state police officer or by any federal agent, including FBI and US Marshals, must be preceded by said officer or agent first notifying the Chief Executive Administrative Officer of the county, a/k/a the Sheriff whose duty it is to make sure that due process was adhered to by a Court of Law. The Sheriff is to make sure that before any warrant executes, there is a judge’s “wet ink signature” accompanied by sworn Affidavit(s), without which such warrant would be powerless.

      America cannot exist without the Office of Sheriff. The County Sheriff is a fixture of Common Law well established in history; a Constitutional Officer elected by the People; bound by oath as guardian of the Peoples’ unalienable Rights, the vested Rights of the State and the Law secured by the Constitution. If the “Office of Sheriff,” the “Protector of Rights,” were removed, the way for abusive government would be paved, resulting in the banishment of Law, unalienable Rights and vested Rights; and, We the People would become the servant and plaything of tyrants.

      The Sheriff is not in office to enforce the State’s statutes and codes, a/k/a Civil Law. The Sheriff is in office to enforce the obedience of public servants to the Constitution and to protect the State from the federal government. The Sheriff is not in the courts to protect the judge from the people; but, the people from the judge by ensuring justice. The Sheriff is not the jailer who receives all prisoners from village, city and town courts which, under the “Law of the Land” have no power to fine or incarcerate; but, is the jailer who holds prisoners that are sent from “Courts of Record” after ensuring that they have been indicted and received “due process.”

US Constitution Amendment V – “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury ... nor be deprived of life, liberty, or property, without due process of law...”

      Courts of Record and Courts Not of Record – “The former being those whose acts and judicial proceedings are enrolled, or recorded, for a perpetual memory and testimony, and which have power to fine or imprison for contempt. Error lies to their judgments, and they generally possess a seal. Courts Not of Record are those of inferior dignity, which have no power to fine or imprison, and in which the proceedings are not enrolled or recorded.”