MEMORANDUM OF NOTICE TO THE COURT REGARDING THE DENIAL OF DUE PROCESS OF LAW

This maybe American in origin but is applies here 100%

MEMORANDUM OF NOTICE TO THE COURT REGARDING THE DENIAL OF DUE PROCESS OF LAW

I, ____________________________________, a self-governing man/woman, submit this Memorandum to place the Court and all actors on notice of material due process violations, the unlawful substitution of policy and procedure for lawful process, and the legal consequences that arise from such violations.

I. DUE PROCESS OF LAW IS NOT OPTIONAL

The Constitution requires that no man or woman shall be deprived of life, liberty, or property without due process of law.

Due process is not a guideline, preference, or administrative formality — it is the fundamental requirement that legitimizes all government action.

Any action taken outside due process is unlawful, void, and cannot stand.

Courts, officers, and prosecutors are bound by these limits, and no policy, procedure, or internal regulation can override or replace due process of law.

II. POLICY AND PROCEDURE ARE NOT LAW

This Court is hereby reminded:

Policy is not law.

Procedure is not law.

Statutes and codes are not law unless moved upon by a valid claim from an injured party.

Agencies, departments, and police forces operate largely under internal policies and enforcement procedures, but these:

Do not have lawful authority over a self-governing man or woman

Do not satisfy due process

Do not create jurisdiction

Do not override Constitutionally protected rights

When policy replaces lawful process, the result is administrative convenience, not justice.

III. DUE PROCESS REQUIREMENTS WERE NOT MET

For any arrest or criminal charge to be lawful, the following must exist:

A sworn affidavit of harm or injury from a living man or woman

Probable cause established before a neutral magistrate

A warrant issued based on that sworn complaint

Immediate access to the court for judicial review

Access to assistance of counsel of one’s choice

An opportunity to challenge jurisdiction before entering any plea

If these requirements are circumvented — as is the common practice in 98% of arrests nationwide — then the arrest is invalid, unlawful, and void from its inception.

None of the actors involved may rely on “standard operating procedure” to excuse violations of due process.

IV. FRUIT OF THE POISONOUS TREE DOCTRINE

The Supreme Court has long held:

If the root is unlawful, all that flows from it is equally unlawful.

This doctrine exists because unlawful actions cannot produce lawful results.

Therefore:

An unlawful arrest produces unlawful charges

Unlawful charges produce unlawful court appearances

Unlawful evidence obtained from an unlawful stop or arrest is inadmissible

Unlawful detention invalidates all subsequent procedures

If due process was violated at any stage, everything that follows is contaminated — void from inception — because the tree is poisonous and so is all its fruit.

V. NO ARREST IS LAWFUL WHEN DUE PROCESS IS CIRCUMVENTED

When policy takes the place of lawful process:

Arrests are made without sworn claims

Warrants are skipped

Probable cause is presumed

Courts assume jurisdiction rather than proving it

Arrestees are coerced into pleas

Rights are ignored in favor of administrative routines

This is not due process.

It is unlawful enforcement, and under Constitutional principles, an arrest made without due process:

– Is not lawful

– Is not valid

– Creates no jurisdiction

– Cannot give rise to prosecution

– Cannot result in lawful conviction

Courts cannot claim lawful authority while denying lawful process.

VI. LIABILITY OF THE SYSTEM AND ITS ACTORS

When due process is denied, the actors involved:

Step outside the lawful scope of office

Lose qualified immunity

Become personally liable

Commit actionable trespasses against unalienable rights

Expose the system to lawful claims

The courts have consistently held that government actors have no immunity when they act without jurisdiction or in violation of clearly established rights.

If this matter is not dismissed immediately, continued proceedings constitute:

Willful violations of due process

Unlawful assumption of authority

Trespass upon self-governance

Injuries to unalienable rights

Actions taken with full personal and official liability

VII. DEMAND FOR DISMISSAL

Given the clear and documented lack of due process, the substitution of policy for lawful procedure, and the unlawful foundations of the arrest and charges:

I demand immediate dismissal of this matter for want of lawful jurisdiction.

Any further action after receiving this Memorandum shall be deemed:

Unlawful, void, and a knowing trespass upon my unalienable rights and self-governance, creating personal liability for all actors involved.

VIII. VERIFICATION

I, ______________________________________, declare under penalty of perjury that the foregoing is true, correct, and complete to the best of my knowledge and belief.

Signature: ___________________________________

Date: _______________________________________

IX. NOTARY / JURAT

State of ____________________________

County of ____________________________

Subscribed and sworn before me on this ______ day of ____________, 20, by _____________________________________________.

Notary Signature: _____________________________

Seal: _______________________________________