A fugitive people within a nation is tyranny.

unconstitutional law must goChild support is a civil matter and there is no probable cause to seek or issue body attachment, bench warrant, or arrest in child support matters because it is a civil matter. The use of such instruments (body attachment, bench warrants, arrests, etc) is presumed to be a method to “streamline” arresting people for child support and circumventing the Fourth Amendment to the United States Constitution. It  is used as a debt-collecting tool for unlawful arrests and imprisonment to collect a debt or a perceived debt.

The arrest of non-custodial parents in which men make up significant majority of the “arrestees”, is “gender profiling”, “gender biased discrimination” and a “gender biased hate crime” in that it violates the Equal Protection Clause of the Fourteenth Amendment. A man, pursuant to the Equal Protection Clause of the Constitution of the United States, cannot be arrested in a civil matter as a woman is not.

There is no escaping the fact that there is no probable cause in a civil matter to arrest or issue body attachment. “Probable cause” to arrest requires a showing that both a crime has been, or is being committed, and that the person sought to be arrested committed the offense. U.S.C.A. Const.Amend. 4. In the instant case, no probable cause can exist, because the entire matter has arisen out of a civil case. Therefore, seeking of body attachment, bench warrant, or arrest by the Petitioner (and her attorney), and/or issuing of the same by the court, in this civil case would be against the law and the Constitution.

Under U.S. v. Rylander ignorance of the order or the inability to comply with the [child support] order, or as in this case, to pay, would be a complete defense to any contempt sanction, violation of a court order or violation of litigant’s rights.

Every U.S. Court of Appeals that has addressed this issue, has held that child support is a common, commercial (and civil) debt, See, U.S. v. Lewko, 269 F.3d 64, 68-69 (1st Cir. 2001)(citations omitted) and U.S. v. Parker, 108 F.3d 28, 31 (3rd Cir. 1997).

Allen v. City of Portland, 73 F.3d 232 (9th Cir. 1995), the Ninth Circuit Court of Appeals (citing cases from the U.S. Supreme Court, Fifth, Seventh, Eighth and Ninth Circuits)“by definition, probable cause to arrest can only exist in relation to criminal conduct; civil disputes cannot give rise to probable cause”; Paff v. Kaltenbach, 204 F.3d 425, 435 (3rd Cir. 2000) (Fourth Amendment prohibits law enforcement officers from arresting citizens without probable cause. See, Illinois v. Gates, 462 U.S. 213 (1983), therefore, no body attachment, bench warrant or arrest order may be issued.

If a person is arrested on less than probable cause, the United States Supreme Court has long recognized that the aggrieved party has a cause of action under 42 U.S.C. §1983 for violation of Fourth Amendment rights. Pierson v. Ray, 386 U.S. 547, 87 S.Ct. 1213 (1967).

Harlow v. Fitzgerald, 457 U.S. 800, 818 (there can be no objective reasonableness where officials violate clearly established constitutional rights such as–

(a) United States Constitution, Fourth Amendment (including Warrants Clause), Fifth Amendment (Due Process and Equal Protection), Ninth Amendment (Rights to Privacy and Liberty), Fourteenth Amendment (Due Process and Equal Protection).

Notice: This article is not legal counsel.
You will need an attorney and your own wits
to supply you with the details of your case.

Creative Commons License
Child Support: A Case Against Arrest by E.J. Manning is licensed under a Creative Commons Attribution 3.0 Unported License.
Permissions beyond the scope of this license may be available at http://bradleyamendment.wordpress.com.

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Comments on: "Child Support: A Case Against Arrest" (5)

  1. Jillian said:

    Keep in mind that it has taken the government 15 years to hem Americans into a corner since the beginnings of this federal law. It is likely to take that long for this to be undone, assuming there is enough support for this and assuming the nation lasts that long.

  2. What this means for you depends on your situation and your commitment. First, there are always legal loopholes which you must reason on. Most attorneys won’t do this because they are ‘wards’ of the court. Their livelihood depends on it. Those that will require plenty of cash which most don’t have, or they would have paid it already (at least per the mindsets of the legal scholars and politicians). Second, your personal availability is relevant. Don’t be predictable- more importantly, don’t be available unless you choose to. How much do you really have to lose? It’s a matter of intimidation. Third, faith is required. If you aren’t a person of faith, there is probably little that can be done. Much faith is required in times like these.

  3. Jonathan said:

    So what exactly does this mean for me? I have been arrested a few times on civil child support and body warrant issued every time. How can my constitutional rights be protected under this code?

    • repealbradleyamendment said:

      You need to read the series of articles that appear this month and the beginning of next month. Hang on to what the law says is yours per the founding docs etc. whether it matters to the courts or not. Remember it and recite it so that you have something to say. Always sign above or below your name “without prejudice,” which shows that you aren’t willing to simply give up and give in, even when you must on a physical basis. When you are forced to sign your name, sign after your name “u/d” under duress. Both of these will help you to preserve your rights despite the bullying of the system, even if on a “moral basis.” All of this bullying is done via the commercial code, hence through ‘legal contracts.’ Why else would you constantly be served your divorce decree or other relevant document? That document is considered as a ‘legal contract’ under current law. Change your signature. Sign with your other hand. The ‘law’ has turned you into a corporation, YOUR NAME IN ALL CAPITAL LETTERS, to be exploited by the system. Don’t do things exactly as you would normally do them where this kind of stuff is concerned. Currently, there are no easy answers or everybody would be doing it. We live in a time of great lawlessness despite the “law.” This isn’t legal advice, but practical information. Start there.

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