From the San Antonio Express News

[Prof]

The following appeared in the San Antonio Express News; this copy was clipped from a Republic of Texas site, all non-Express-News material has been trimmed away:

Republic of Texas Secessionist Meeting Raided
KERRVILLE — Investigators looking into phony court summonses issued to a judge and lawyer here are examining computers, phones and other items seized from Republic of Texas “citizens” last weekend.

Local, state and federal officers interrupted a monthly meeting of about 60 adherents of the secessionist group Saturday at a Veterans of Foreign Wars hall in Bryan, collecting the items under a search warrant.

No one was arrested and no charges have been filed. Authorities said they were investigating alleged fraud aimed at state District Judge Rex Emerson and Bill Arnold, a lawyer. Arnold defended a title company against a Republic of Texas member’s lawsuit in Emerson’s court in Kerrville.

David J. Kroupa, a chiropractor from Katy — in his claimed capacity as chief justice of the international Common Law Court for the Republic of Texas — had issued writs of “quo warranto” and “mandamus” for Emerson on Jan. 21 and a subpoena for Arnold on Jan. 23, ordering them to appear at hearings in Bryan.

“It went real well,” Kerr County Sheriff Rusty Hierholzer said of the operation that included the FBI, the Texas Attorney General’s office, Bryan police and Brazos County deputies. “There was a lot of what I would call discontent, but no physical resistance.”

The group’s president, John H. Jarnecke of Gillespie County, called the search a fishing expedition. He said officers photographed, fingerprinted and confiscated belongings of numerous members even though only two are accused of wrongdoing.

“I think they went totally overboard,” he said Thursday. “How is it that a supposedly free people can be subjected to intimidating, rough and highly intrusive search and seizure when assembling lawfully and peaceably?”

Kroupa issued the summonses in reaction to a foreclosure case involving Sue Cammack that was litigated in Kerr County, authorities said. Jarnecke said Cammack is a Republic of Texas member from Hunt, a town in Kerr County.

Emerson had granted a summary judgment last June in favor of Fidelity Abstract & Title Co., which Cammack had sued and which Arnold represented, court records show.

Neither Cammack nor Kroupa could be reached. Emerson and Arnold each declined comment.

The summons for Emerson called on him to appear at the VFW Hall with “proof of his authority for executing his claimed powers involving a foreign entity for the revenue collection of a private woman’s private funds without permission or lawful authority.”

The document sent to Arnold accuses him of using the threat of foreclosure to try to collect from Cammack on a forged contract, conspire to take her home and life savings and disrupt her peaceful way of life.

Jarnecke, 72, said he wasn’t familiar with specific details of the underlying dispute.

“I know that Susie Cammack has had some difficulties with various people in Kerr County in the past few years and they figured out they could file the quo warranto and writ of mandamus,” he said.

A sworn affidavit filed by Kerr County deputy Jeff McCoy in support of the search warrant alleges that Cammack, 53, and Kroupa, 59, committed the misdemeanor of simulating legal process.

The state penal code’s fraud section makes it a crime to recklessly cause to be delivered to another “any document that simulates a summons, complaint, judgment, or other court process with the intent to induce payment of a claim from another person; or cause another to submit to the putative authority of the document.”

If charges are brought in the case, they could be filed in Kerr County or Brazos County, said Assistant Kerr County Attorney Ilse Bailey.

The search warrant issued Feb. 12 by state District Judge Keith Williams authorized collection of fingerprints, photos and DNA swabs from those at the VFW hall to prevent anyone from providing a false identity to authorities.

It also authorized officers to seize computers, cell phones and paper documents “relevant to, or which describe criminal conduct or suspected criminal activity.”

McCoy posed as a meeting guest before signaling other officers outside the VFW hall, which led to “a four-hour ordeal,” Jarnecke said.

“There probably will be a lot more harassment as we move forward in international court towards getting our independence back for Texas,” he said.

Hierholzer responded, “I don’t have any problem with them pursuing secession through legal channels, but they can’t just automatically create their own country and not abide by the laws of the United States and this state.”



Sources:

http://www.expressnews.com/news/local/a ... 090513.php

The Republic of Texas movement is not yet dead in Texas; the chiropractors remain at the forefront.

FYI: Bryan, where the raid took place, is about 150 miles from Kerrville. Fun facts to know and tell, and apropos of nothing: Bryan is the home of Texas A & M, where "Johnny Football" came to fame; Kerrville is where he played high school ball.

[notorial dissent]

It does seem at least, that TX does take seriously pretend judges sending out threatening pretend subpoenas and the like. What amazed me was the really broad spectrum of law enforcement that got together to play on this one.

The Republic of Texas and NLA are all up arms over this travesty of justice and abuse of personal liberty, their quote.

Now if the NLA crowd had a clue the lights might be coming on about now, but I rather figure their collective wicks have all guttered out.

[Famspear]

It does seem at least, that TX does take seriously pretend judges sending out threatening pretend subpoenas and the like......

Yeah, let's start with Texas Penal Code section 37.10, tampering with a governmental record, which reads, in part:

(a) A person commits an offense if he:

[ . . . ]

(2) makes, presents, or uses any record, document, or thing with knowledge of its falsity and with intent that it be taken as a genuine governmental record...

Then, there is Texas Penal Code section 37.11, which provides:

37.11. IMPERSONATING PUBLIC SERVANT. (a) A person commits an offense if he:

(1) impersonates a public servant with intent to induce another to submit to his pretended official authority or to rely on his pretended official acts; or

(2) knowingly purports to exercise any function of a public servant or of a public office, including that of a judge and court, and the position or office through which he purports to exercise a function of a public servant or public office has no lawful existence under the constitution or laws of this state or of the United States.

(b) An offense under this section is a felony of the third degree.

And, there is Texas Penal Code section 32.48, which provides in part:

Sec. 32.48. SIMULATING LEGAL PROCESS. (a) A person commits an offense if the person recklessly causes to be delivered to another any document that simulates a summons, complaint, judgment, or other court process with the intent to:

(1) induce payment of a claim from another person; or

(2) cause another to:

(A) submit to the putative authority of the document; or

(B) take any action or refrain from taking any action in response to the document, in compliance with the document, or on the basis of the document.....

[Famspear]

.....The group’s president, John H. Jarnecke of Gillespie County, called the search a fishing expedition. He said officers photographed, fingerprinted and confiscated belongings of numerous members even though only two are accused of wrongdoing.

“I think they went totally overboard,” he said Thursday. “How is it that a supposedly free people can be subjected to intimidating, rough and highly intrusive search and seizure when assembling lawfully and peaceably?”

Because the Fourth Amendment does not limit the scope of a valid search warrant to situations where people are not assembling "lawfully and peaceably." Having your person searched, even in accordance with a valid search warrant, is probably intimidating and highly intrusive, but that in and of itself would not make the search and seizure legally invalid.

I don't know what was meant here by the term "rough."

The search warrant issued Feb. 12 by state District Judge Keith Williams authorized collection of fingerprints, photos and DNA swabs from those at the VFW hall to prevent anyone from providing a false identity to authorities.

To prevent anyone from providing false identification? In terms of justification for the search and seizure, that part seems to be a stretch to me. However, I don't practice criminal law, so I don't know.

It also authorized officers to seize computers, cell phones and paper documents “relevant to, or which describe criminal conduct or suspected criminal activity.”

That appears to be reasonable, although I wonder how officers would determine, right there on the spot, how a particular computer or cell phone would possibly contain such relevant information. How intrusive could an on-the-premises search be and still not violate the Fourth Amendment? I don't know.

Where's Wes?

[notorial dissent]

As I understand it, one of the things they were whining about was that they didn't get their own specially autographed copy of the search warrant, that went to the actual building owner since they own the property and were only letting it out for a short term event.

I can actually understand them photographing and fingerprinting the detainees, since this group has a real flexible attitude towards ID to begin with and it isn’t like they haven’t been known to lie through their teeth about it, and this way they know for sure who was there and who wasn’t.

I do have a problem with them taking the phones, computers, devices of those who weren’t actually arrested, my feeling is that goes well beyond the scope of the warrant they had. Arrest them, fine, otherwise, not so much. But, IANAL and that is just my feeling on the subject.

[Famspear]

.....I do have a problem with them taking the phones, computers, devices of those who weren’t actually arrested, my feeling is that goes well beyond the scope of the warrant they had.......

Yeah, and it depends in part on what the warrant said, exactly. How "particular" would the description in the warrant need to be?

Was it worded to give the police the power to seize any phones, computers and devices that were brought to the meeting by anyone? If so, should a magistrate be signing a warrant that is worded so broadly? What would be the "probable cause" alleged by law enforcement personnel that would justify a magistrate issuing a warrant allowing the seizure of any such personal effects of anyone who happened to attend a particular meeting?

I'm just wondering.

[notorial dissent]

I agree. I would really like to see a copy of the actual warrant. I just can't help feeling like they maybe over reached just a tad here and there?????

I'm equally interested to find out what the warrant actually turned up, whether was indeed just a fishing expedition or if they really did find something actionable, and against whom?? I would think that the pretend grand jury members jointly and severally for certain for doc and authority fraud at the very least, and maybe the rest of the group since they are all pretty much part and parcel.

[The Observer]

And WND has finally picked up on this story...I guess better late than never. But then again with WND, sometimes never is better.

[Cobalt Shiva]

And WND has finally picked up on this story...I guess better late than never. But then again with WND, sometimes never is better.

Ah, World Nut Daily.

The usual gang of sovereign citizens, the folks saying "it was just a joke" (I wonder how hard they'd laugh if one of the people they filed a phony lien on decided to solve the problem on a self-help basis with lots of gunplay--how fast would they whine to the po-po?), the neo-Confederates, anti-Semites, and whackadoodles are holding forth. And man, they really don't like hearing the facts.

[wserra]

Cobalt Shiva! Welcome back. Haven't seen you in years.

[Cobalt Shiva]

Cobalt Shiva! Welcome back. Haven't seen you in years.

I've had an interesting time...lost a job, got another job, wrote & published a novel...finally found reason to pop in on Quatloos, and it's good to be back.

[grixit]

A quatloosian managed to publish a book? I knew it could be done!

[Cobalt Shiva]

A quatloosian managed to publish a book? I knew it could be done!

Admittedly, it's self-published, but I did it!

[wserra]

Actually, CS, that's a dig at Demo, whose book has been "at the publishers" since before you were last sighted here.

[Gregg]

Actually, CS, that's a dig at Demo, whose book has been "at the publishers" since before you were last sighted here.

That's putting it mildly, her first publisher was going to be Guttenberg.

[Cobalt Shiva]

Actually, CS, that's a dig at Demo, whose book has been "at the publishers" since before you were last sighted here.

Ah.

Would it be OK for me to post a link to the Amazon page for my book somewhere around here?

[grixit]

I think Gambling and the Quatloosian Good Life would be appropriate.

[Gregg]

Actually, CS, that's a dig at Demo, whose book has been "at the publishers" since before you were last sighted here.

Ah.

Would it be OK for me to post a link to the Amazon page for my book somewhere around here?

Technically speaking, no, we don't allow commercial posts for the most part. There has been at least on exception made, I wold PM Wes or Webhick about it and it might get discussed in a part of the forum the public can't see before it happens.

I wouldn't, honestly, count on it, it leads to a slippery slope kind of thing....

[wserra]

I already replied to CS by PM.

[LPC]

Actually, CS, that's a dig at Demo, whose book has been "at the publishers" since before you were last sighted here.

That's putting it mildly, her first publisher was going to be Guttenberg.

Damn, you owe me a new keyboard.