Police Officer Research Paper
Searches are to protect the officer
First affirmative constructive:
Resolved: The United States federal government should substantially decrease its authority to detain without charge or to search without probable cause
Starting with definitions first is Federal Government “an organization established by the US constitution to make and enforce the laws for the US”.
We would like to draw a distinction between the government authorities ( such as police officers, DEA, FBI etc) and u.s armed forces, The distinction from the military is important, especially because the military may be an enforcement arm of the government. but under posse comitatus active military personnel cannot be used to “execute the laws” except where explicitly authorized by Constitution or Congress (for examples cases of martial law).
(Making this distinction narrows the scope of the resolution a bit since posse comitatus has been law since Civil War reconstruction.
The second term we would like too define is …show more content…
The problem with states quo is that it stacks authority in the governments favor, Giving them the ability to justify searches whether or not they have probable cause or justifiable means to conduct those searches. This is our plan to solve the authority imbalance with the status quo
1. The exterior of your house has the same legal protection as the inside of your house, both are private property this must be recognized by all local and federal courts of justice and cannot be disputed. Congress
Sub A) The exterior of a private domain is not under the same legal implications as someone with possession of drugs or weapons on public or government property.
2. An officer cannot search for drugs at a traffic otherwise legal checkpoint unless probable suspicion of intoxication is evident.
Sub A) sobriety test must be failed for officers to ensue a following search on the subjects vehicle or private
First affirmative constructive:
Resolved: The United States federal government should substantially decrease its authority to detain without charge or to search without probable cause
Starting with definitions first is Federal Government “an organization established by the US constitution to make and enforce the laws for the US”.
We would like to draw a distinction between the government authorities ( such as police officers, DEA, FBI etc) and u.s armed forces, The distinction from the military is important, especially because the military may be an enforcement arm of the government. but under posse comitatus active military personnel cannot be used to “execute the laws” except where explicitly authorized by Constitution or Congress (for examples cases of martial law).
(Making this distinction narrows the scope of the resolution a bit since posse comitatus has been law since Civil War reconstruction.
The second term we would like too define is …show more content…
The problem with states quo is that it stacks authority in the governments favor, Giving them the ability to justify searches whether or not they have probable cause or justifiable means to conduct those searches. This is our plan to solve the authority imbalance with the status quo
1. The exterior of your house has the same legal protection as the inside of your house, both are private property this must be recognized by all local and federal courts of justice and cannot be disputed. Congress
Sub A) The exterior of a private domain is not under the same legal implications as someone with possession of drugs or weapons on public or government property.
2. An officer cannot search for drugs at a traffic otherwise legal checkpoint unless probable suspicion of intoxication is evident.
Sub A) sobriety test must be failed for officers to ensue a following search on the subjects vehicle or private