EMERGENCY MOTION TO ENJOIN DESTRUCTION OF UNLAWFULLY SEIZED CRIME EVIDENCE

8/8/2019 EMERGENCY MOTION TO ENJOIN DESTRUCTION OF UNLAWFULLY SEIZED CRIME EVIDENCE

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UNITED STATES DISTRICT COURT

for the

Prima Facie Corrupt Middle District of Florida

In the Matter of the Unlawful Search of )

)1575 Curlew Avenue, Building 2, Unit 4, Naples, Florida, ) Case No. 8:10-mj-1416 (AEP)

)

)

)

EMERGENCY MOTION

TO ENJOIN DESTRUCTION OF UNLAWFULLY SEIZED CRIME EVIDENCEOF ORGANIZED GOVERNMENT CORRUPTION AND

RETURN PROPERTY SEIZED UNLAWFULLY & UNDER FALSE PRETENSES

NOTICE OF GOVERNMENT STALKING AND HARASSMENT

U.S. GOVERNMENT SEARCH AND SEIZURE, FBI FILE 316A-TP-73337

1. The Federal Bureau of Investigation, FBI SWAT Team Tampa, under the direction of Special

Agent David E. Nelson unlawfully searched and seized the above property on 09/08/2010.

U.S. FAILURE TO STATE probable cause2. Here, U.S. Government Officials

a. Failed to state anyprobable cause of stalking, 18 U.S.C. 2261A;

b. Threatened violence and incarceration unless plaintiffs complied with unlawful seizure

and refrained from further prosecution of Defendant Government Officials.


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PRIMA FACIE LACK OF probable cause

3. The FBI and Defendant crooked Government Officials knew and concealed that, e.g.:a. Plaintiffs had fundamental rights to be free of Government oppression;

b. Plaintiffs hadfundamental rights to prosecute corrupt Government Officials;

c. Plaintiffs had fundamental rights to own property;

d. Plaintiffs had fundamental rights to exclude government from their property, Lot 15A;e. Plaintiffs had fundamental rights to redress Government grievances;

f. Plaintiffs had fundamental rights to free speech;

g. Plaintiffs had fundamental rights to publish their grievances;h. Plaintiffs had fundamental rights to use electronic mail services,

i. Plaintiffs had fundamental rights to serve their pleadings and grievances upon Defendants;

j. Plaintiffs hadfundamental rights under, e.g., thei. 1

st, 4

th, 14

th, 7

th, and 5

thU.S. Constitutional Amendments.

U.S. GOVERNMENT FABRICATIONS OF concealment

4. Here, Government Officials fraudulently pretended:

The person or property to be searched, described above, is believed to concealSee Warrant.

RECORD EVIDENCE OF LACK OF ANY concealment

5. Here, plaintiffs had, e.g.:

a. Filed their pleadings and grievances in Courts of law;b. Published;

c. Electronically published; and

d. Distributed worldwide their conclusive record proof of organized U.S. crimes &corruption.

Here, absolutely nothing was concealedbut publicly recorded.

UNLAWFUL WARRANT = WEAPON OF MASS DECEPTION

S. Hussein was believed to conceal weapons of mass destruction. None were ever found, andthe U.S. fooled the entire world. Here, U.S. Officials knew and concealed that the warrant was

on its face unlawful, unconstitutional, and violative of plaintiffs 4th

U.S. Const. Amendment

rights.

UNLAWFUL SEIZURE OF ELECTRONICALLY STORED CIVIL PROCEEDINGS

6. On 09/08/2010, and afterhundreds of written Complaints about Government corruption, the

armed FBI SWAT team reportedly and unlawfully seized, e.g.,a. Civilprosecutionrecords since 2006;

b. Electronically stored evidence ofGovernment crimes;

Nine (9) computers:c. SONY

d. SONY

e. ACER

f. TOSHIBAg. DELL

h. SONY


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i. ACER

j. HPk. DELL

PRIMA FACIE ABSURD, IDIOTIC, AND FABRICATED cause of stalking

7. Here, Governmentconcealed. On its face, the Government allegation of concealment wasa. Absurd;

b. Fabricated;

c. Forconcealment and cover-up purposes.

Here, hundreds of thousands of readers had read the published proof of record Government

crimes. Here, hundreds of thousands of pages had officially

a. Exposed publicly recorded U.S. Government crime and corruption worldwide;

b. Implicated corrupt and criminal Government Officials on the record.

UNLAWFUL PURPOSES OF SEARCH AND SEIZURE OF CRIME EVIDENCE

8. Here, the unlawful purposes of said unconstitutional search and seizure were, e.g.:a. To wrongfully destroy crime evidence;

b. To wrongfullydestroy evidence of Government racketeering; see, e.g., USA Ex Rel v.

USA;

c. To coerce the plaintiffs to refrain from further prosecution;

d. To criminally deprive the plaintiffs of their fundamental rights under the Federal andFlorida Constitutions;

e. To furtherconceal evidence of organized Government crime and corruption;

f. To framepro se plaintiffs;g. To injurepro se plaintiffs in ongoing prosecution of Government crimes;

h. To inflict emotional distress upon the plaintiffs;i. To obstruct and disrupt plaintiffs ongoing litigation and prosecution;

j. To interfere with ongoing litigation in favor of the Defendant Crooked Officials.

PRIMA FACIE GOVERNMENT FABRICATIONS OF stalking, 18 U.S.C. 2261A

9. Here unlawfully and unconstitutionally, U.S. Government criminalized, e.g.:

a. Redress of Government grievances and corruption;

b. Electronic publications;c. Electronic mail;

d. Electronic court filings.

Here, no probable cause of stalking could havepossiblyexisted, because, e.g.:

e. Plaintiffs sought prosecution away from the corrupt Middle District of Florida;

f. Plaintiffs were entitled to prosecute and un-conceal record Government crimes;

g. None of the elements of 18 U.S.C. 2261A could havepossibly beenpresen here.


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WEST PALM BEACH & NEW HAMPSHIRE PROSECUTION OF CORRUPT OFFICIALS

10. Here, the Plaintiffs prosecuted the Defendant Corrupt Government Officials in, e.g.:a. West Palm Beach Federal Court;

b. New Hampshire Federal Court, i.e., away from crooked Middle District Officials.

Here, the Defendant Corrupt Government Officials moved prosecution back to the corruptMiddle District of Florida. In particular, Defendant Officials even moved the Court(s) to have

Tampa Federal Judge Richard A. Lazzara preside over Plaintiffs prosecution. Defendants

motion was denied. Therefore here, the facially fabricated Government allegations ofstalking were frivolous just like the

Fake Government affidavits of record;

Fake Government law on the record, O.R. 569/875;

Fake judgments for Government extortion purposes.

11. Here, the Defendant Tampa U.S. Attorney and other Government Officials have been seekingto, e.g.:

a. Silence the plaintiffs through wrongful prosecution;b. Intimidate the plaintiffs;c. Coerce the plaintiffs to refrain from any further prosecution of crooked Government

Officials;

d. Criminalize plaintiffs rightful defense of their fundamental Constitutional and Human

rightse. Destroy plaintiffs equipment and evidence;

f. Frame and/orset up the plaintiff whistleblowers.

ATTACHMENT A OF UNLAWFUL SEARCH AND SEIZURE WARRANT


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NEW RECORD EVIDENCE OF ORGANIZED GOVERNMENT CRIME & CORRUPTION

12. Here, said unlawful Government seizure only further validated, e.g.:a. The well-proven recordorganized Government crime and corruption;

b. The well-pleaded Governmentcover-ups;

c. Organized Government concealment of Government crime and corruption;

d. The agreement/conspiracy of Defendant Officials to perpetrate organized crime on therecord;

e. The anarchy and lawlessness in the Middle District of Florida;

f. The wrongful prosecution of U.S. Government opponents and whistleblowers.

13. During said 09/08/2010 unlawful seizure, the Federal Bureau stated:

If you disagree with the search you may have the evidence suppressed later

UNLAWFUL SEIZURE OF PANASONIC CAMERA FISHING

14. Here, the FBI unlawfully seized a Panasonic camera and then denied the seizure. Here, U.S.Government unlawfully

a. Fished forevidence without any probable cause;b. Seized evidence ofGovernment racketeering and other crimes by unlawful means of said

FBI raid.

PRESIDING JUDGE COVERED UP FOR DEFENDANT CROOKED JUDGES

15. Here, presiding Magistrate Judge Anthony E. Porcelli, who signed the unlawful warrant:a. Had a conflict of interest;

b. Covered up for Defendant crooked Judges in the Middle District of Florida;

c. Concealed the Government fabrications of a law, fake resolution 569/875;d. Covered up Government extortion underfalse pretenses of, e.g., O.R. 569/875.

INFLICTION OF INJURY, EMOTIONAL DISTRESS, AND/OR DEATH

16. Said FBI Agent expressly referred to, e.g.:

a. A picture showing Defendant Judge Charlene Edwards Honeywell;b. A picture of a Government tank, which had killed a Government opponent;

c. Nazi paraphernalia such as, e.g., a swastika;

d. sodomy.

17. Here, published pictures of public officials were not any probable cause. Here, the FBI knew

from hundreds of written complaints that the issues were, e.g., rampant and well-proven

Government corruption;

Government oppression;

Government injury upon the plaintiffs; Government intimidation of the plaintiffs;

Government coercion of the plaintiffs to refrain from further prosecution of, e.g.,Defendant crooked Charlene E. Honeywell and Jack Neil Peterson.


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SYSTEMATIC GOVERNMENT CONCEALMENT

18. Here, the Courts hada. Methodically concealed information about organized crime and corruption by Defendant

Charlene Edwards Honeywell;

b. Methodically concealed information about organized crime and corruption by Defendant

Jack Neil Peterson, and Attorneys in the Office of the Tampa U.S. Attorney;c. Struck Plaintiffs pleadings;

d. Altered Plaintiffs pleadings;

e. Rejected Plaintiffs pleadings.

DECEPTIVE ROLE OF NAPLES POLICE DEPARTMENT RUSE

19. On 09/08/2010, Naples Police Department Officer McGregorfraudulently pretended thata. The door of said searched property had been smashed;

b. A suspect was on the loose.

Here, said Officerfalsely pretended a crime to engage Plaintiff Dr. Busse.

See, e.g.: www.youtube.com.

GOVERNMENT POLICY & PATTERN OF CONCEALMENT:

ALTERATIONS OF OFFICIAL RECORDS

20. Here under false pretenses, the Government Defendantsa. Employed a pattern and policy ofcriminal concealment;

b. Systematically altered the official records;

c. Framed the plaintiff whistleblowers as purported stalkers, 18 U.S.C. 2261A;d. Concealed Plaintiffs Government crime evidence.

DEMAND FOR EVIDENTIARY HEARING AND DIFFERENT VENUE


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U.S. Code

TITLE 18 > PART I > CHAPTER 110A > 2266

2266. Definitions

In this chapter:

(1) Bodily injury. The term bodily injury means any act, except one done in self-defense , that results in physical injury or sexual

abuse.

(2) Course of conduct. The term course of conduct means a pattern of conduct composed of 2 or more acts, evidencing a continuity

of purpose.

(3) Enter or leave indian country. The term enter or leave Indian country includes leaving the jurisdiction of 1 tribal government

and entering the jurisdiction of anothe r tribal government.

(4) Indian country. The term Indian country has the meaning s tated in section 1151 of this title.

(5) Protection order. The term protection order includes

(A) any injunction, restraining order, or any other order issued by a civil or criminal court for the purpose of preventing violent or

threatening a cts or harassment aga inst, sexual violence, or contact or communication with or physical proximity to, another

person, including any temporary or final order issued by a civil or criminal court whether obtained by filing an independent action or

as a pendente lite order in another proceeding so long as any civil or criminal order was issued in response to a complaint,

petition, or motion filed by or on beha lf of a person seeking protection; and

(B) any support, child custody or visitation provisions, orders, remedies or relief issued as pa rt of a protection order, restraining

order, or injunction pursuant to State , tribal, territorial, or local law authorizing the issuance of protection orders, restraining

orders, or injunctions for the protection of victims of domestic violence, sexual assau lt, dating violence, or stalking.

(6) Serious bodily injury. The term serious bodily injury has the meaning stated in section 2119(2).

(7) Spouse or intimate partner. The term spouse o r intimate partner includes

(A) for purposes of

(i) sections other than 2261A

(I) a spouse or former spouse o f the abuser, a person who shares a child in common with the abuser, and a person

who cohabits or has cohabited as a spouse w ith the abuser; or

(II) a person who is or has been in a social relationship of a romantic or intimate nature with the abuser, as

determined by the length of the relationship, the type of relationship, and the frequency of interaction between the

persons involved in the relationship; and

(ii) section 2261A

(I) a spouse or former spouse of the target of the stalking, a person who shares a child in common with the target

of the stalking, and a person who cohabits or has cohabited as a spouse w ith the target of the stalking; or

(II) a person who is or has been in a social relationship of a romantic or intimate nature with the target of the

stalking, as determined by the length of the relationship, the type of the relationship, and the frequency of

interaction between the persons involved in the relationship.[1]

(B) any other person similarly situated to a spouse who is protected by the domestic or family violence laws of the State or tribal

jurisdiction in which the injury occurred o r where the victim resides.

(8) State. The term State includes a State of the United States, the District of Columbia, and a commonwealth, territory, or

possess ion of the United States.

(9) Travel in interstate or foreign commerce. The term travel in interstate or foreign commerce does not include travel from 1 State

to ano ther by an individual who is a member of an Indian tribe and who remains at all times in the te rritory of the Indian tribe of which

the individual is a member.

9/10/2010 United States Code: Title 18,2266. Def

cornell.edu//usc_sec_18_0000226 1/2


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(10)Dating partner. The term dating partner refers to a person w ho is or has been in a social relationship of a romantic or intimate

nature with the abuser. The existence of such a relationship is based on a consideration of

(A) the length of the relationship; and

(B) the type of relationship; and

(C) the frequency of interaction between the persons involved in the relationship.

[1] So in original. The period probab ly should be ; and.

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TITLE 18 > PART I > CHAPTER 110A > 2261

2261. Interstate domestic violence

(a)Offenses.

(1)Travel or conduct of offender. A person who travels in interstate or foreign commerce or enters or leaves Indian country or

within the special maritime and te rritorial jurisdiction of the United States with the intent to kill, injure, harass , or intimidate a

spouse, intimate partner, or dating partner, and who, in the course o f or as a result o f such travel, commits or attempts to commit

a crime of violence aga inst that spouse, intimate partner, or dating partner, shall be punished as provided in subsection (b).

(2)Causing travel of victim. A person who causes a spouse, intimate partner, or dating partner to travel in interstate or

foreign commerce or to enter or leave Indian country by force, coercion, duress, or fraud, and who, in the course of, as a result of,

or to facilitate such conduct or travel, commits or attempts to commit a crime of violence against that spouse, intimate partner, or

dating partner, shall be punished as provided in subsection (b).

(b)Penalties. A person who violates this section or section 2261A shall be fined under this title, imprisoned

(1) for life or any te rm of years, if death of the victim results;

(2) for not more than 20 years if permanent d isfigurement or life threatening bodily injury to the victim results;

(3) for not more than 10 years, if serious bod ily injury to the victim results or if the offender uses a dangerous weapon during the

offense;

(4) as provided for the applicable conduct under chapter 109A if the offense would constitute an offense under chapter 109A

(without regard to whether the offense was committed in the special maritime and territorial jurisdiction of the United States or in

a Federal prison); and

(5) for not more than 5 years, in any other case ,

or both fined and imprisoned.

(6) Whoever commits the crime of s talking in violation of a temporary or pe rmanent civil or criminal injunction, restraining o rder,

no-contact order, or other order described in section 2266 of title 18, United States Code, shall be punished by imprisonment for

not less than 1 year.

9/9/2010 United States Code: Title 18,2261. Int



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TITLE 18 > PART I > CHAPTER 110A > 2261A

2261A. Stalking

Whoever

(1) travels in interstate or foreign commerce or w ithin the special maritime and territorial jurisdiction of the United States , or enters or

leaves Indian country, with the intent to kill, injure, harass, o r place under surveillance w ith intent to kill, injure, harass, or intimidate

another person, and in the course of, or as a result of, such travel places that person in reasonable fear of the death of, or serious bodily

injury to, or causes substant ial emotional distress to tha t person, a member of the immediate family (as de fined in section 115) of that

person, or the spouse or intimate partner of that person; or

(2) with the intent

(A) to kill, injure, harass, or p lace under surveillance w ith intent to kill, injure, harass , or intimidate, or cause substantial

emotional distress to a person in another State or tribal jurisdiction or w ithin the special maritime and te rritorial jurisdiction of the

United States; or

(B) to place a person in another State or tribal jurisdiction, or within the special maritime and territorial jurisdiction of the United

States, in reasonable fear of the death of, or serious bodily injury to

(i) that person;

(ii) a member of the immediate family (as defined in section 115 [1] of that person; or

(iii) a spouse or intimate partner of that person;

uses the mail, any interactive computer service, or any facility of interstate o r foreign commerce to engage in a course o f conduct

that causes substantial emotional distress to that person or places that person in reasonable fear of the death of, or serious

bodily injury to, any of the persons described in clauses (i) through (iii) of subparagraph (B); [2]

shall be punished as provided in section 2261(b) of this title.

[1] So in original. Probably should be followed by a closing parenthesis.

[2] So in original. Provision probably should be set flush w ith par. (2).

9/9/2010 United States Code: Title 18,2261A. St



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EMERGENCY MOTION TO ENJOIN DESTRUCTION OF UNLAWFULLY SEIZED CRIME EVIDENCE

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