Common Law for Cops

Dedicated to Sgt. Paudert and Patrolman Evans, their families and their fellow officers they left behind.


Robert, Tom and Two Sovereign Citizens

On May 20th, 2010, Sgt. Robert Paudert and Patrol Officer Thomas Evans of the West Memphis, Arkansas, Police Department were engaged in criminal patrol interdiction efforts on a local interstate.  They had no idea they were about to traffic stop “sovereign citizens” Jerry, and his son, Joseph Kane for a minor traffic violation that would lead to a violent confrontation resulting in both officers being killed by gunfire from an assault rifle (See Video Below).  Ultimately, both Kanes were cornered by law enforcement and another shootout occurred in a local Walmart parking lot leaving the Kanes dead and several more law enforcement officials injured. 

Jerry and Joseph Kane claimed that as “sovereign citizens” the laws of The United States, individual States and political subdivisions can’t exercise authority over them, because they are subject to only English Common Law.  They feel they have the right to defend themselves, to include the Use of Deadly Force, against anyone who would infringe on their freedoms.  

Don’t Underestimate Their Knowledge

Have you ever talked to a “Constitutionalist”, “Extremist”, “Sovereign Citizen”, “Freeman” or whatever they call themselves?  I have, and the most erroneous opinion you can form of them is that they are a “Hill Billy with a Rifle”.  In truth, they know more about Natural Law, Common Law, U.S. Constitution, Tax Law and other forms of statutes than the vast majority of cops, police educators and attorneys that I know.  Their ideology may appear to be ignorant, and some of them maybe, but all of them are serious – deadly serious, and I’ve found them to be somewhat of a functional legal expert in an area cops aren’t familiar with.  If you can even just spend five minutes with one and debate why they should follow “the law” you will most likely be surprised just how much they know about legal concepts you don’t and if you keep an open mind, how much you can learn from them too. 

That’s my point here.  When I was a kid my father used to tell me “Do what I say and not as I do”.  That doesn’t garner a whole lot of respect does it?  That’s how extremists view cops, saying to themselves, “they are trying to enforce a law on me, one which the cop doesn’t even understand let alone justify his or her authority to do so”.  In their mind, the cop is a no-body, an imposter, and that mental threshold normally restricting someone from shooting an officer is thus removed.  They don’t fear killing you anymore.

The Police Academy – Law 101

Most of us were taught in our police academy that “Old English Common Law” is that thing where the King said, “Yeah, that’s the way it is, because I’m the King”.  When the Colonists came over from England they brought the Common Law with them.  It then became, due to the efforts of our Constitutional Framers, a foundational brick, or something, to the U.S. Constitution right?  Whoa wait a minute; it’s more in-depth than that, and far more important.

In The Beginning…

The “law” in its earliest forms has been identified by legal and history scholars to have been formulated somewhere around 4,000 years ago in Mesopotamia.  Significance here is that these early codifications were the forerunners to what is better known as Tort Law today (a breach of civil duty) and is part of the common law series.  This didn’t start in England, because England didn’t exist at this point, but instead started in the ancient Middle East. 

Social Evolution

Just as cultures and norms changed overtime, so did the desires and problems of people.  As early human settlers to Europe continued in their migration patterns to their dominant habitations areas, modifications of what they accepted of governance changed too.  When the Roman Empire rose to world prominence it spread its law throughout conquered lands.  When the empire fell, the laws remained such as the Institutes of Justinian, 533 A.D., but would later continue to evolve.

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