Rugged Justice S2 E4: "Wrath of God" with Trent Goodbaudy

Описание: Stay up to date on the progress of the case at: http://freedomfromgovernment.org/noti...

My segment on Rugged Justice season 2, episode 4: The Wrath Of God, where I (Trent Goodbaudy) appeared on the episode apparently to have my inherent rights violated.

Graham v Connor was the federal case that created the "objective reasonableness" standard for determining 4th amendment violations.

The Court outlined a non-exhaustive list of factors for balancing an individual's rights vs. an officer's: 1) "the severity of the crime at issue"; 2) "whether the suspect poses an immediate threat to the safety of the officers or others"; and 3) "whether he is actively resisting arrest or attempting to evade arrest by flight."

Since Graham, the lower federal courts have occasionally supplemented its three factors with such matters as whether a warrant was issued; whether the plaintiff resisted or was armed; whether more than one arrestee or officer was involved; whether other dangerous or exigent circumstances existed at the time of the arrest; the nature of the arrest charges; and the availability of alternative methods of capturing or subduing a suspect. Chew v. Gates, 27 F.3d 1432, 1440 n.5 (9th Cir. 1994)

After considering the balancing factors and watching the above video, do you think that this state official acting under color of law violated objective reasonableness and/or acted unreasonable in doing so?

It is undisputed that RCW 46.61.020 is unconstitutional because it is the “lessor but included offense” of RCW 9A.76.020 the Obstructing Statute which was declared unconstitutional by the Washington State Supreme Court in State v. White, which held that:

“. . . A DETAINEES REFUSAL TO DISCLOSE HIS NAME ADDRESS, AND OTHER INFORMATION CANNOT BE THE BASIS OF AN ARREST.” State v. White, 97 Wn.2d 92, at 103, 640 P.2d 1061 (1982); (You might need to re-read that a few times!)

“Defendant could not be arrested for refusing to give law enforcement officer his name pursuant to a statute prohibiting obstruction of public servant in discharge of his official powers.” West’s RCWA 9A.76.020(3).–State v. Hoffman, 664 P.2d 1259, 35 Wash. App. 13, 16, 664 P.2d 1259 (1983).;

“Portion of traffic-law-enforcement statute requiring stopped motorist to identify themselves to police officers, which required unlicensed motorist to give “evidence of his identity,” was unconstitutionally vague; statute gave no notice of what type of identification, other than driver’s license should suffice to avoid arrest and in failing to do so, encouraged arbitrary and discriminatory enforcement. U.S.C.A. Const. Amends. 5, 14; A.R.S. section 28-1075, subd. B.” State v. Boudette, 791 P.2d 1063.;

“We must emphasize that we do not hold that a suspect may be detained and searched merely because he either refused to identify himself or refused to produce proof of identification.” People v. Loudermilk, 241 Cal.Rptr. 208 (1987);

“...The defendants’ refusal to furnish identification–which they were entitled to do ...[in] a Terry stop...” U.S. v. Brown, 731 F.2d 1491, at 1494 (1984);

“Probable cause is not established by failing to present identification upon request by a law enforcement officer, . . .” Moya v. United States , 761 F.2d 322, at 325-326 (Sept. 21, 1984).

If you feel so inclined please let the Regional Director Mike Livingston know how you feel about what went down at the Two Rivers Finley boat launch that day, and what should be done with Sgt. Brian Fulton and arresting officer Chad McGary, here is his contact information.

Mike Livingston - Regional Director Washington Department of Fish and Wildlife

1701 South 24th Avenue
Yakima, WA 98902-5720

Office Hours: Monday - Friday
8:00 a.m. - 5:00 p.m.
excluding legal holidays

Telephone: (509) 575-2740 Email: [email protected]

Arresting officers Facebook page:   / chad.mcgary  

Allow me to introduce myself; I am a man of God and i have been sent on a very special mission. The best way to keep up to date with me is to look at my facebook page at –   / trent.goodbaudy  

Also check out this interview: https://www.youtube.com/watch?v=aVTyi...

Please support me if you are able: https://www.gofundme.com/xaasvw

Visit this link for more info: http://trentslist.org/2015/09/27/i-am...

And this page where this video is embedded originally: http://trentslist.org/2015/09/21/rugg...