Re: On the LAM--Local Area Mixes (fwd)

Forwarded message:

> 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...


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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
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