Page 2 of 2 FirstFirst 1 2
Results 11 to 16 of 16
  1. #11
    Join Date
    Oct 2016
    Posts
    4,301

    Default Re: Constitutional to Get Cited by a Civilian Who Has Been "Empowered" by the State?

    But what about the children!?!

  2. #12
    Join Date
    Oct 2014
    Posts
    8,238

    Default Re: Constitutional to Get Cited by a Civilian Who Has Been "Empowered" by the State?

    Quote Quoting riffwraith
    View Post
    I don't know if "empowered" is the right word here, but it's all I could think of.

    I thought that only sworn law enforcement officers can stop a civilian, cite them for violating a statute, and testify in court against them. And that a civilian, even when instructed to by the town/city/state, can not do these things. Is that not true?
    Nothing in either the federal or state Constitution prohibits persons other than law enforcement officers from doing those duties. It may be helpful to know that police forces, as we know them today, are a relatively modern creation. At the time the Constitution was written and adopted law enforcement was handled differently.

    The government may desiginate any person to write citations for alleged offenses. There isn't anything particularly special about writing citations that requires being given a special label like "peace officer", "police officer", "law enforcement officer", "sheriff" or whatever. Those labels only matter to the extent state statutes make them important, and the legislature is free to change the statutes to provide for a different way to handle law enforcement if it liked.

    And anyone who observes an offense would be a competent witness in court to testify as to what he or she observed.

  3. #13
    Join Date
    Mar 2013
    Posts
    1,279

    Default Re: Constitutional to Get Cited by a Civilian Who Has Been "Empowered" by the State?

    Quote Quoting PayrolGuy
    View Post
    But what about the children!?!
    But, but, but....



    Sorry, couldn't help myself.

  4. #14
    Join Date
    Dec 2009
    Location
    Lake Chapala
    Posts
    3,043

    Default Re: Constitutional to Get Cited by a Civilian Who Has Been "Empowered" by the State?

    Quote Quoting L-1
    View Post
    But, but, but....



    Sorry, couldn't help myself.
    like button

  5. #15
    Join Date
    Sep 2018
    Location
    Ohio
    Posts
    434

    Default Re: Constitutional to Get Cited by a Civilian Who Has Been "Empowered" by the State?

    Quote Quoting riffwraith
    View Post
    Berkeley, CA is going to have city workers stop and cite civilians for traffic violations.

    https://hotair.com/archives/jazz-sha...traffic-stops/
    Home Rule authority permits it. However, it does not relieve the workers from Constitutional mandates, state and federal, the 4th AM does not disappear because of reasigning Municipal employee duties.

    https://leginfo.legislature.ca.gov/f...05.&article=XI

  6. #16
    Join Date
    Nov 2013
    Posts
    7,056

    Default Re: Constitutional to Get Cited by a Civilian Who Has Been "Empowered" by the State?

    The entire notion of defunding the police only to train other municipal worker to do their job is stupid and political. In the end, they will have two police forces. One will be to investigate violent crimes and the other to handle all else. All just smoke and mirrors.

    Don't forget just how many violation stops result in arrests for DUI, drug charges, weapons charges, assaults, and the list goes on. Probable cause and reasonable suspicion goes out the window or crimes will not be prosecuted .

    1. Sponsored Links
       

Page 2 of 2 FirstFirst 1 2

Similar Threads

  1. Traffic Lane Violations: Cited for Illegal U-Turn in a "Business District", VC 22102
    By NLJo in forum Moving Violations, Parking and Traffic Tickets
    Replies: 19
    Last Post: 01-20-2016, 05:00 PM
  2. Eviction Notices: Landlord Cited "Loud Sex" and "Arguments" As Grounds for Potential Eviction
    By Conf in forum Landlord-Tenant Law
    Replies: 5
    Last Post: 02-21-2015, 08:14 AM
  3. Deprivation of Civil Rights: How to Make an "As Applied" Constitutional Challenge to Sex Offender Classification
    By extraterrestrialbeast in forum Civil Rights
    Replies: 3
    Last Post: 05-21-2012, 11:35 AM
  4. Speeding Tickets: Ticket for 41 in a 25 Zone - Cited 22350 for "Unsafe Speed"
    By toddler in forum Moving Violations, Parking and Traffic Tickets
    Replies: 9
    Last Post: 04-03-2012, 08:18 AM
  5. Civil Rights Issues: How to Make an "As Applied" Constitutional Challenge to Sex Offender Classification
    By extraterrestrialbeast in forum Civil Rights
    Replies: 2
    Last Post: 02-03-2012, 04:39 AM
 
 
Sponsored Links

Legal Help, Information and Resources