all right let's roll [Music] nerds welcome to facts or frauds and time to call out another wannabe Guru Mr Davis Bay let's play Mr Davis Bay can you hear me I need you to unmute yourself yes sir I can hear you clear okay we're on the record 21 CCR 22114 and 21 CCR 221009 state of Texas versus Antoine Germaine Davis Bay um Mr Bay this is your motion to reconsider I've reviewed your motion to reconsider I've reviewed the response and then your reply to the response as well um I'm going to permit 10 minutes per side for argument and then we'll I'll make a ruling at that time so Mr Bay May proceed with any argument you'd like to make okay um so this uh situation stem from arrest from March 8 2021 from a lawful arrest without a warrant um oh sorry about that all right Davis Bay in case you forgot your place in your script let's give you a refresh pressure on what you teach if you want to tap in with the grand sheet you can go to.org Link in the bio and you can get a copy just for $49.99 you can get a copy of the China jurisdiction class and I got free I got free classes on let's talk about it I got free classes on I got free food stamp class I got free law liary right now.org top in man y'all hey look we are back okay um this is a situation between hypothetical suspicion versus a concrete crime whereas in this situation no concrete crime took place prior to the unlawful uh traffic stop okay um the state has failed to even establish a probable cause for rless arrest and search and they had no justifiable basis asist to continue Prosecuting this case uh the charges of this case do not meet are the requirements of actual concrete criminal activity as defined under Texas law and federal law um for one the absence of a sworn affidavit proper caused by the arresting officer uh further R this arrest unlawful um an injured party or a complaint with a legally recognized injury hey Mr Bay my court reporter is having a difficult time understanding if you would face the camera that way your voice could be heard clearly thank you sir okay can you hear me clearly now yes okay just and just maybe slow down just a hair on your speech thank you sir okay no problem okay uh I just repeat uh what I said um so this this this situation happened from an unlawful traffic stop um without a warrant or concrete injury from an engine part prior to the traffic stop I want to make a note also that the traffic stop and the other um offens of possession of marijuana was dismissed back in um 2021 around the approximately around the time when the case was first uh initiated I did um upload and file on record evidence of that that uh notice of rejection as an exhibit um also I want to point out the fact that this is a case of hypothetical suspicion versus a concrete crime okay the mirror Act of a traffic stop does not constitute proper calls for broad detention or search as recognized by Terry versus Ohio okay hypothetical suspicion does not equate to criminal Behavior okay and texes arrest asserts without evidence of a crime or probable cause uh contravenes Texas code criminal uh procedure article 14.01 section B which require that an offense be committed in an officer's presence or view to justify a warrantless arrest um the officer uh Jazz Roberts who was the resing officer at that time he did not um have any uh probable cause or Reasonable Suspicion to even uh initiate the stop and then once the stop was initiated uh he didn't have any authority to continue uh to with a search or an arrest especially not uh just based off of mere traffic citation like I noted that that traffic citation was dismissed okay indicating that they didn't have any probable calls to um prosecute um a traffic citation against me and also uh the uh ajoining case that was with it was a possession of marijuana which was dismissed um um prior to even we having these hearings okay I'mma continue on um fair to uphold due process requirements okay due process under the fifth and 14th amendment requires fair treatment uh through the normal Judicial System uh protects against Process Clause protects against arbitrary uh government actions include unlawful detention and seizure without legitimate legal basis in taxes due process violations occur when the rights to Fair impartial hearings are Deni um as well and this is on the Texas Constitution Article 1 Section 19 okay um also the officer as I mentioned failed to sign affidavit appro cause which is required under Texas code of criminal procedure Article 15 05 subsection 2 which mandates that a written statement establishing sufficient factual grounds for arrest be presented and signed by the arresting law uh enforcement officer which uh uh I requested um a police report from Fort I mean Rosenberg Police Department which is the the arresting agency um I uploaded the results of what I received of that which is pretty much a blank report um and it it failed to have any attached affid David proper cause with it also um the prosecutor last hearing presented me with a discovery which also failed to um present any alav calls okay uh okay also uh unlawful search and seizure falls on Texas criminal uh procedure article 3823 okay um the prosecutor uh alleged the older of marijuana the older of marijan alone without physical evidence of proper cause of actual crime is insufficient to justify a vehicle search once again was no testimony affidavit proper calls to if I I'm going to object to this this is outside the scope of the hearing sustained let's stay within the scope of your motion well this was all uh this was all inside my motion as exhibit and and as a brief allegations made by the state were not contained in the defendant's motion agreed sustain move on Mr B okay um also the fruit from the poisonous tree Doctrine applies to this case um all evidence obtained as a result of warrantless arrest and search uh must be suppressed case dismissed under the fruit of uh poisonous tree Doctrine and that's Wong Sun versus United States followed by ation this Doctrine yeah Mr B can you spell that name for my court reporter please yes ma'am I mean yes sir uh Wong son is w n first name last name son Su n that's versus United States thank you you could you can continue now thank you okay um this Doctrine bar bars evidence obtained from unconstitutional actions including unlawful stop searches and arrest life CA um so for these reasons I uh request that the court Grant this motion for reconsideration to the motion to dismiss for lack of a subject matter jurisdiction based on the due process violations lack of proper cause and um other uh evidence that's that's lacking as well uh warrantless arrest like as I mentioned in my motion and also in my brief okay and I also request that if this motion is not granted um that I could get a full and complete police report to prepare for a defense also evidence supporting the traffic sto and the allege crime um the rise to this uh these charges that I'm facing with the evasion of arrest and charges of uh unlawful possession of a firearm because for it to be an invasion of arrest it has to be grounds for an arrest for me to invade uh it's no evidence of this um so with the incompleteness of Discovery by the state um and the fail document ation that the prosecutor failed to provide um with a record of events um that would normally be captured in the police report uh I am prejudiced from preparing a defense and I'm deprived of crucial information necessary to challenge the validity of the stop in subsequent search uh so I do compel that that the full Discovery and I do request that this uh matter be dismissed for the reason stated before all right Mr B thank you you're actually your time is up your 10 minutes um State quick question before you respond has Mr Bay had access to Discovery in this case he was admonished for self-representation already can you provide some how long has he had access to Discovery does he have access to everything in your file please yes your honor that was actually the first uh point I was going to make in my response Mr Bay uh can you confirm the email address that you provided on the docket control order that was signed on July 23rd 2024 um it was at gmail.com will you spell that sir gmail.com and Mr Bay is that the same email address that we have received responses from you on October 23rd November 6th and November 13th yes it will that is the same email address the state sent you discovery which would include the PC affidavit that was sided by the arresting officer as well as the complete offense report that you just told the judge that you did not have access to that information was shared with you to that email that you just confirmed on October 19th I never received any email with a police report and I I I requested the police report over two years ago request it who did you requested from the Rosenberg Police Department okay please send me I will do my best but please send me an email immediately following this hearing so that I can provide you a PDF of that document so that we're not going through our portal okay no problem now in response to some of these statements or allegations made by defense um again as I just made clear the defense has had access to the Discovery since at the very least October 19th 2024 I can't speak to whether the previous prosecutor had shared any of the discovery um I know he was admonished I believe on the same date that the docket control order was signed so we haven't been able to go through actual defense counsel for this judge um again I will send over in an alternative format the PCF a in the offense report so that the defense has access to a complete set of information uh on the last setting I believe it was November 7th defense uh was provided copies of all the media your honor so he does have access at least from my understanding to all the discovery um now as to points made in his motion first and foremost Mr Bay has not been charged by information with evading arrest Mr baay has been charged with fleeing a police officer as well as a unlawful carrying of a weapon now to his first point of hypothetical suspicion I do not know where the defendant finds that within the case law I have not found anything of hypothetical suspicion what justifies a traffic stop in this particular case is reasonable suspicion as seen in the PC affidavit as well as the offense report um the officer had a on view offense for a traffic citation which was speeding the officer attempted to conduct a traffic stop for said speeding at which time the defendant failed to pull over as required by Texas law that and and of itself constituted fleeing a police officer which is in violation of the Texas Transportation code I believe it is section 545 [Music] 421 at the time of the stop the officers attempted to make contact with the defendant they observed an odor of marijuana there is case law stating an odor of marijuana alone is enough to support probable cause to conduct a warrantless search of the vehicle which is precisely what was done here um I give me your legal objection uh the prosecutor has failed to uh mention any case laws support um his allegation um with and when his brief or anything the case law in support of that was in the response to your motion defense yeah it was coun I mean Mr Bay can you please uh Casa makes it clear the odor of marijuana can just Jus ifier warrantless search of a vehicle under the automobile exception of the Fourth Amendment and he goes on the site Stringer V State roacha V State Isaac vate um and then he even cites additional case law camera vate so it it's cited in there overruled continue uh based upon the odor of marijuana a probable cause search was conducted on the vehicle again this is as alleged by the state um at which point in time uh the weapon was discovered within the vehicle as well as the Contraband itself um I do not know again going to one of the points defense made I don't know what due process rights are being violated here which would uh warrant either suppression or a dismissal as defense has requested um he's claiming that he has not had the right to a fair hearing PC was found by the magistrate at the time defense or the defendant bonded out the state has provided copies of that bond paperwork which was also sent to the defense at the time all discovery was shared again I will rovide that to the defendant in an alternative way um PC was found by the magistrate so he's claiming he has not had a he hasn't had a fair hearing but the magistrate found PC at the PC hearing at at the time that he bonded out so so I'm not quite sure what Fair hearing he's alleging he has not had a right to uh I know he also made reference to not being able to confront Witnesses against him in his motion we have not had a trial yet no Witnesses have been have been presented for cross-examination I will say and obviously I will provide this to the defense um electronically your honor I wanted to at the very least bring this to the Court's attention I have two cases first is born b o r NE V State citation is 593 Southwest 3404 I have a copy of it for the court may I approach you ready did you get that citation Mr Bay oh yes similarly I also have Lewis V State citation is 532 Southwest 3D 423 in bour V [Music] States the court makes it clear that arguments such as those the defenses making are sovereign citizen style arguments which have roundly been rejected by all the courts all sister courts uh in Lewis V State they make a similar Point um and in that particular Point uh or in that particular case rather um the judge appointed standby Council for the defendant the state wanted to at least put this on the Court's radar in that there are certain concerns the state has based upon the uh based upon the filings made by the defendant in that one of two things is either occurring either the defense is filing frivolous motions to delay the judicial process and attempt to coer the state into dismissing these charges or alternatively the defense is unfamiliar with the judicial process if that if the latter is the case the state would be concerned if the defense wasn't provided standby Council that's what Lewis V state is about your honor obviously it is up to the defendant and it is up to the court or the Court's discretion rather [Music] um if the defense is going to claim that he's having a bunch of Rights violated I would want to guarantee that we protect these rights as strongly as possible again if the defendant were so inclined by perhaps appointing him standby counsel anything anything further I have nothing further orally your honor I've made my points in my my response to the defendant's motion again this court unquestionably has jurisdiction per the Texas government code as well as the court or the the code of criminal procedure additionally based upon the case law I provide Ed in my written response as well as Orly on the 7th of this month um I believe the case law supports the further prosecution of these cases all right Mr Bay although you have used your 10 minutes I will permit one minute of rebuttal uh thank you uh first thing I want to address is uh the do uh process of uh that was violated uh the the prosecutor mentioned that I had a um um prop cause hearing at the time of the barn that that wasn't the hearing that I I I uh alleged that was a violation I never received preliminary hearing um never even entered a plea of guilty or not guilty um that hearing had never happened we initiated this case back in uh B was foued in March 10th is looking at the doc SE judge March 10th 2021 B was fou a hearing um for uh the initial preliminary hearing was not uh called the complaint was not even uh filed until April 27 2021 so that was a whole two months after I was even released on BN before a complaint was fou and no hearing was ever scheduled a hearing was scheduled for uh I'm looking at the doc she the hearing was scheduled for uh 7:23 2021 it was two hearing because at first it was two judges uh you uh Christoper Morales and another lady uh judge um her name was um excuse me if I don't have her name uh right in front of me um but the other case was celed it was the cases was at the same time so one case was celled the other case I guess was still heard and uh that's when uh the warrant was issue but that hearing we never had a reschedule that hearing once I was uh arrested again on the warrant and binded out that hearing never had took place um also okay that was two minutes actually so all right um I'm ready to R and then I have a question for you as well Mr baay so I'm GNA deny your motion to reconsider um we're going to proceed with trial and sounds like my understanding you have had access to the Discovery since October 19th however he is going to resend everything to you for you to review my question to you Mr B is would you like standby Council to advise you during trial they cannot ask questions of witnesses or assist you in that way in the trial um but they can provide advice to you to help guide you through the process uh yes I'm not I'm not waving any uh right to counsel I do reserve my right six Amendment right to Reserve W your right to you you stated you wish to wave your right to counsel and you wanted to represent yourself we had a whole hearing on that Mr P okay so you're asking me do I want to I'm asking you if you stated you want to represent yourself Mr Bay okay we had a whole hearing on that you waved your right to court appointed Council uh and you you stated you wanted to represent yourself throughout this hearing and I have confirmed that in almost every hearing that we've held in this case now what I'm offering at this point in time is you can still represent yourself in this matter but the court would appoint a standby counsel who could advise you during the trial they're not going to participate in the trial meaning they're not going to ask questions of witnesses they will not conduct V dire but they will advise you regarding certain legal rights that you may have or on legal matters that may arise during the trial would you like the court to appoint you an a standby counsel uh yes yes so you are asking the court want to confirm you're asking the court to appoint you an attorney who will provide you advice through the course of your trial which shall begin on December 3D and I also request that I reserve all my rights yes that's yes to that that question and I I I reserve all my rights I'm not well you waved your right to court appointed Council already with that whole hearing with but I'm still giving you a court appointed attorney to advise you okay you understand well I'm never I never waved my right to six amendment to the six amendment I can have my core pull the record if You' like Mr Bay but we're not going to I tell you what do you want to continue to represent yourself yes I I mean I answered your question yes okay well I you're stating that you don't want to wait wave your right okay here's the thing do you want court appointed counsel that's going to represent you during the course of this trial um like I I answered the question I said yes I would take standby Council represent myself you're going to take so you still want to wave your right to a courta appointed councel and continue to try this case yourself but you're willing to accept standby councel to provide legal advice only during the course of the trial is that correct correct okay all right okay we shall proceed on December 3rd with trial I will have I will have standby Council appointed to you they should reach out to you shortly uh Mr Bay I believe we have a phone number for you do we I did not see it on the docket controll judge let me just verify that all right all we have is email no we have a phone number as well in the docket control order all right I will have have the attorney that I appoint a standby counsel contact you through your email and the phone number you have provided to this court on the doc control order okay Mr Bay all right very good all right that concludes today's hearing you're free to go Mr Bay we'll see you on December 3D for trial your honor if I may before we let defense go um I know defense I believe it's been rejected by the clerk's office that being said I did see it I believe he has filed a motion to suppress I wanted to raise that to the Court's attention would you prefer having that prior to trial or would you prefer it run with trial your honor we'll carry it with trial at this stage yes Jud to we don't have enough time to hear beforehand yes judge also um can I make a note that I I will be filing notice to appeal uh this this order and can I get this order for um and writing to preserve uh my notice to appeal so I made a documentry do you have an order that you have submitted to go along with your motion to reconsider um no I didn't okay Mr Bay I'm going to ask you to file an order that goes along with your motion to reconsider I'm denying it regardless but and I'll make a note to that on the order itself okay all right I'll see you on December 3rd Mr Bay all right and no shocker Mr Davis Bay failed to appear at his trial so a bench warrant is issued and the amount of a $99,000 bond what do you have to say for yourself now Mr Davis Bay that you're wanted and everybody can see you say I have questions about the right to travel we haven't we have the right to travel a driver's license is a contract okay let's talk about it you got the right to travel man do you think this show is educational yes it'll drive people to read books and thanks for hanging out with us unfactor frauds make sure you hit the Thumbs Up Button you're subscribed and ring that Bell also leave a comment in the comment section tell me what you think and a huge thank you to all of our facts or frauds channel [Music] members if you'd like to become a member click on the 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