A fugitive people within a nation is tyranny.

Posts tagged ‘protect’

Police, Courts & Your Constitutional Rights

by Scott Morgan

debtor's prison - tyrannySan Francisco Examiner reported on a series of controversies surrounding constitutional violations by SFPD officers last year.

Private attorney Robert Amparan said at a news conference at Public Defender Jeff Adachi’s office that a judge had just thrown out his client’s felony marijuana possession for sale case because video evidence contradicted the officers’ testimony in court and statements on the police report.

Amparan said 23-year-old McLaren Wenzell did not consent to letting the officers inside his apartment at 33rd Avenue and Geary Boulevard on March 1. He said the officers did not immediately identify themselves as police and did not have a constitutional basis to search the apartment. This issue isn’t about drugs, it’s about your Constitutional Rights versus the current execution of statutes and policies.

In the course of my work to educate the public about how to properly exercise constitutional rights during police encounters, a reaction I hear frequently is, “What’s the point? They’re just going to search me anyway.” Well, as you can see in the story above, police can get busted for bad behavior, and when they do, the evidence is often declared inadmissible. Think about this: if the suspect had instead given consent for the search, there wouldn’t have been any question about the legality of the police entry, and he would have been convicted. The only reason things worked out for him is because he refused the search and relied on his constitutional rights for protection.

But the critical point here goes beyond what happened to this particular suspect in this particular case. Keep in mind that the legal significance of refusing a police search applies whether or not you’ve broken the law, and whether or not police break the law. If officers plant evidence, damage your property, or otherwise disrespect your home, it’s almost impossible to challenge their actions if you gave them permission to come inside. That’s how the law works, and the fact that police sometimes violate it gives you more reason to know and assert your rights, not less.

 

Garnishment Subject to Certain Protections

slavery to childrenThis is knowledge that may be of some value to you as you live out your life under child support laws in the USA.

The use of garnishment is governed by federal statutes (there may be some state codes as well) such as 15 USC 1673, and its companion law, 15 USC 1675 pertaining to the very existence, or potential existence of enforcement of any order violating the maximum certain percentages of actual disposable income– rendering the support and/or garnishment order in violation of the law,– (particularly see paragraph C therein). Whichever statute provides greater protection to the Respondent, prevails.

These [state, if any in MA– there are some in IN] federal statutes guarantee protection (to the Respondent) from having “imputed income” orders.

These statutes provide protection (to the Respondent) regarding his rights to be free from unlawful child support or any kind of garnishment.

§ 1673. Restriction on garnishment

Title 15 of the US Code as currently published by the US Government reflects the laws passed by Congress as of Jan. 7, 2011, and it is this version that is published here.

(a) Maximum allowable garnishment

Except as provided in subsection (b) of this section and in section 1675 of this title, the maximum part of the aggregate disposable earnings of an individual for any workweek which is subjected to garnishment may not exceed

(1) 25 per centum of his disposable earnings for that week, or
(2) the amount by which his disposable earnings for that week exceed thirty times the Federal minimum hourly wage prescribed by section 206 (a)(1) of title 29 in effect at the time the earnings are payable,
whichever is less. In the case of earnings for any pay period other than a week, the Secretary of Labor shall by regulation prescribe a multiple of the Federal minimum hourly wage equivalent in effect to that set forth in paragraph (2).

(b) Exceptions

(1) The restrictions of subsection (a) of this section do not apply in the case of

(A) any order for the support of any person issued by a court of competent jurisdiction or in accordance with an administrative procedure, which is established by State law, which affords substantial due process, and which is subject to judicial review.
(B) any order of any court of the United States having jurisdiction over cases under chapter 13 of title 11.
(C) any debt due for any State or Federal tax.

(2) The maximum part of the aggregate disposable earnings of an individual for any workweek which is subject to garnishment to enforce any order for the support of any person shall not exceed—

(A) where such individual is supporting his spouse or dependent child (other than a spouse or child with respect to whose support such order is used), 50 per centum of such individual’s disposable earnings for that week; and
(B) where such individual is not supporting such a spouse or dependent child described in clause (A), 60 per centum of such individual’s disposable earnings for that week; except that, with respect to the disposable earnings of any individual for any workweek, the 50 per centum specified in clause (A) shall be deemed to be 55 per centum and the 60 per centum specified in clause (B) shall be deemed to be 65 per centum, if and to the extent that such earnings are subject to garnishment to enforce a support order with respect to a period which is prior to the twelve-week period which ends with the beginning of such workweek.
(c) Execution or enforcement of garnishment order or process prohibited

No court of the United States or any State, and no State (or officer or agency thereof), may make, execute, or enforce any order or process in violation of this section.

§ 1675. Exemption for State-regulated garnishments

The Secretary of Labor may by regulation exempt from the provisions of section 1673 (a) and (b)(2) of this title garnishments issued under the laws of any State if he determines that the laws of that State provide restrictions on garnishment which are substantially similar to those provided in section 1673 (a) and (b)(2) of this title.

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.

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Garnishment Subject to Certain Protections by E.J. Manning is licensed under a Creative Commons Attribution 3.0 Unported License.
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