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Re: On the LAM--Local Area Mixes (fwd)
Forwarded message:
> Date: Thu, 22 Jan 1998 21:29:55 -0500 (EST)
> From: Ryan Anderson <[email protected]>
> 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...
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