Re: On the LAM--Local Area Mixes (fwd)
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Date: Thu, 22 Jan 1998 21:29:55 -0500 (EST) From: Ryan Anderson <ryan@michonline.com> Subject: Re: On the LAM--Local Area Mixes (fwd)
On Thu, 22 Jan 1998, Jim Choate wrote:
Are police considered an extension of the judicial or the executive arm of the government?
In theory, executive. (That way legislative writes laws, executive decides if they want to enforce them, judicial decides if they're legal or not.. ) In theory, of course..
First, I knew the answer, I was looking for a lead-in...thanks. Then how, Constitutionaly speaking, do they have get the responsbility to search when it is clearly a judicial responsibility (that is where it is in the Constitution) and in cases such as Evans -v- Gore the Supreme Court has found that the judicial body can't transfer or relinquish it's responsibilities even if it *wants* to? I suspect that, again Constitutionaly speaking, the only system that would pass strict muster would be something similar to the Dutch which prohibit the police from executing a search until *after* review by a legislative representative. This is a rhetorical question, I don't expect you or anyone else to respond to it. Just think about it... ____________________________________________________________________ | | | The most powerful passion in life is not love or hate, | | but the desire to edit somebody elses words. | | | | Sign in Ed Barsis' office | | | | _____ The Armadillo Group | | ,::////;::-. Austin, Tx. USA | | /:'///// ``::>/|/ http://www.ssz.com/ | | .', |||| `/( e\ | | -====~~mm-'`-```-mm --'- Jim Choate | | ravage@ssz.com | | 512-451-7087 | |____________________________________________________________________|
At 08:44 PM 1/22/98 -0600, Jim Choate wrote:
Are police considered an extension of the judicial or the executive arm of the government? In theory, executive. (That way legislative writes laws, executive decides if they want to enforce them, judicial decides if they're legal or not.. ) In theory, of course.. [..] Then how, Constitutionaly speaking, do they have get the responsbility to search when it is clearly a judicial responsibility (that is where it is in the Constitution)
Going and doing stuff is an Executive Branch function; enforcing laws is an Executive Branch function. Issuing the warrant allowing the police to go search or arrest someone is a judicial function, and is generally done on request by the police or prosecutors. In the case of early-60s New York, of course, it simply wasn't bothered with. :-)
and in cases such as Evans -v- Gore the Supreme Court has found that the judicial body can't transfer or relinquish it's responsibilities even if it *wants* to? I'm not familiar with the case - got a pointer?
Thanks! Bill Bill Stewart, bill.stewart@pobox.com PGP Fingerprint D454 E202 CBC8 40BF 3C85 B884 0ABE 4639
participants (2)
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Bill Stewart -
Jim Choate