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Aurora traffic stop leads to charges against 'sovereign citizen'

A routine traffic stop by Aurora police escalated into two felony charges against a man who claimed he was a "sovereign citizen" and laws do not apply to him, according to a news release from the Kane County state's attorney's office.

Juan E. Martinez, 39, of the 400 block of Maple Avenue, Aurora, faces felony charges of unlawful use of ammunition by a felon, disorderly conduct and misdemeanor resisting arrest, according to court records and prosecutors.

The charges stem from a March 8 traffic stop when Martinez rolled down his car window about a half-inch and shouted at the officer that there was no reason for the stop, and he was a "sovereign citizen" and did not recognize the authority of the government, the officer, or any laws, the news release stated.

According to the FBI, people who claim they are sovereign citizens believe that although they physically live in this country, they are separate, or sovereign, from the United States. So, they don't believe they are subject to government authority, including courts, taxing bodies, motor vehicle departments or law enforcement.

Martinez, prosecutor said, refused to give the officer his driver's license or insurance card and called 911. The officer told Martinez he was under arrest, but he refused to get out of his vehicle, prosecutors said.

Additional officers arrived and eventually got Martinez out of the vehicle and during a search, found a 9 mm bullet in his pocket, prosecutors said. Martinez, who had at least two previous felony convictions, cannot possess a gun or ammunition under the law.

He posted $1,000 bond and is next due in court Thursday.

If convicted of the most severe charge of ammunition by a felon, he faces a punishment of probation to up to five years in prison.

Martinez was arrested in February 2018 on charges of misdemeanor resisting arrest; that case is still pending. According to Kane County court records, Martinez was sentenced to 37 months in prison after pleading guilty in early 2011 to a possession of a controlled substance arrest from February 2010.

He was arrested and charged in July 2013 with burglarizing vehicles in Batavia and pleaded guilty to felony burglary and trespass to vehicles in January 2016 and was jailed for 11 days and issued 18 months of conditional discharge, records show.

• Daily Herald staff writer Susan Sarkauskas contributed to this report.

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