TOPIC: Court Cases in support of our Right to Travel

ADDITIONAL TRAVEL CASE LAWS
A "person" "driving" an automobile cannot be stopped to see if he or she is licensed to "drive" unless there is reasonable suspicion the "person" has engaged in criminal conduct. Delaware v Prouse, (1979) 440 US 648, 59 Led2d 660
The Right of a citizen to Travel upon the public highways and to
transport one’s property thereon, either by carriage or automobile, is not
a mere privilege which a city may prohibit or permit at will but a
common right which he / she has under the right to life, liberty, and the
pursuit of happiness. Thompson v. Smith 154SE 579:
“No state shall convert a liberty into a privilege, license it, and attach a
fee to it.” Murdock v. Penn., 319 US 105
“If the state converts a liberty into a privilege, the citizen can engage in
the right with impunity.” Shuttlesworth v. Birmingham, 373 US 262
“Traffic infractions are not a crime.”
People v. Battle, 50 Cal. App. 3,step 1, 123 Cal.Rptr. 636,639.
“Speeding, driving without a license, wrong plates or no plates, no
registration, no tags, etc., have been held to be “non-arrestable
offenses” (Cal V. Farley, 98 Cal. Rep. 89, 20 CA 3d 1032.
The Right to Travel; The Right to Mode of Conveyance; The Right to
Locomotion are all absolute rights, and the police cannot make void the
exercise of Rights. State v. Armstead, 60 s. 778, 779, and 781:
“A state cannot impose restrictions on the acceptance of a license that will deprive the licensee of his constitutional rights”. Ruckenbrod v. Mullins, 102 Utah 548, 133 P.2d. 325, 144 ALR 839
There can be no sanction or penalty imposed upon one because of the exercise of a constitutional right.
Sherar v. Cullen, 481 F. 945 (9th Cir. 1973) Spevack v. Klein, 385 U.S. 511 (1967) GARRITY v. NEW JERSEY, 385 U.S. 493 (1967) BOYD v. U S, 116 U.S. 616 (1886) MALLOY v. HOGAN, 378 U.S. 1 (1964)
.
“No state shall convert a liberty into a privilege, license it, and attach a fee to it.” Murdock v. Penn., 319 US 105
"Ministerial officers are incompetent to receive grants of judicial power from the legislature, their acts in attempting to exercise such powers are necessarily nullities." Burns v. Sup., Ct., SF, 140 Cal. 1.
"A judge ceases to sit as a judicial officer because the governing principle of administrative law provides that courts are prohibited from substituting their evidence, testimony, record, arguments, and rationale for that of the agency. Additionally, courts are prohibited from substituting their judgment for that of the agency. Courts in administrative issues are prohibited from even listening to or hearing arguments, presentation, or rational." ASIS v. US, 568 F2d 284.
The State is prohibited from violating substantive rights. Owens v. City, 445 US 662 (1980); and it can not do by one power (eg. Police power) that which is, for example, prohibited expressly to any other such power (eg. Taxation / Eminent Domain) as a matter of law. US and UT v. Daniels, 22 p 159, nor indirectly that which is prohibited to it directly. Fairbanks v. US 181, US 283, 294, 300:

Can you maybe help me to locate my MSO of my automobile? Thank you

Go to a car dealer and ask them where they send it. It will vary state to state.

You will likely get resistance, or feigned ignorance so be prepared to be clever, persistent or even forceful.

"Mr. Dealer, you sell cars right? Or that's the false premise you give when you take peoples' money! Your customers don't get ownership do they? This is fraud, illegal conversion, false advertising, racketeering, and a major scam upon your local community. Would you prefer to help me in my single, individual case? Or would you prefer to deal with the entire local community? That's my offer to you."

In every State, its the same. If the vehicle is financed the MCO goes directly to the State. Financing puts the title to the vehicle in commerce, the State's only legal jurisdiction. Registration always gives the State legal title to the vehicle and anything else so registered. The buyer gets mere equitable title which consists of 'time', 'possession' and 'use' as long as he pays the taxes and follows their rules.
In North Carolina the handling of a vehicle MCO is defined at NCGS 20-52.1 and states:
(c) Upon sale of a new vehicle by a dealer to a consumer‑purchaser, the dealer shall execute in the presence of a person authorized to administer oaths an assignment of the manufacturer's certificate of origin for the vehicle, including in such assignment the name and address of the transferee and no title to a new motor vehicle acquired by a dealer under the provisions of subsections (a) and (b) of this section shall pass or vest until such assignment is executed and the motor vehicle delivered to the transferee.

Any dealer transferring title to, or an interest in, a new vehicle shall deliver the manufacturer's certificate of origin duly assigned in accordance with the foregoing provision to the transferee at the time of delivering the vehicle, except that where a security interest is obtained in the motor vehicle from the transferee in payment of the purchase price or otherwise, the transferor shall deliver the manufacturer's certificate of origin to the lienholder and the lienholder shall forthwith forward the manufacturer's certificate of origin together with the transferee's application for certificate of title and necessary fees to the Division. Any person who delivers or accepts a manufacturer's certificate of origin assigned in blank shall be guilty of a Class 2 misdemeanor, unless done in accordance with subsection (d) of this section.
Obviously if you purchase a new auto and pay cash for it the dealer has no choice but to give you the MCO. I contacted about 16 different dealers in No. Carolina and not a single one ever heard of the requirement to give the buyer the MCO if he paid cash for the vehicle and demanded the MCO. After all, who reads these statutes?

Somewhere in their statutes all other states must have the same requirement as they are required to provide a remedy. If you can't find it then you can always use the foreign law of a sister State.
Further reading of 20-52.1 suggests that once all liens are paid off you may request a form and apply for a certified copy of the MCO for your vehicle. You will never get the original because once it is put on microfiche, the original is usually destroyed.