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Originally posted by Xcathdra
Originally posted by WJjeeper
Originally posted by Xcathdra
reply to post by WJjeeper
Myths and Facts about Social Security
If you wouldnt mind going back and actually answering the questions I asked you, it would be appriciated.
i did, you asked me one question, "where did social security come from and how is it used"?
and FYI- sovereigns do not adhere to the constitution. a sovereign would adhere to common law written in the articles of confederation (the ORIGINAL constitution), thats why i gave you the link to my thread.
Right, and I gave you my response about that thread. To frther reinforce my position, the Articles of Confederation were dropped when the US Constitution was adopted and ratified. Simply ignoring it becasue you dont agree with it, does not make your position valid, or even legal for that matter.
When you decide to come back around to valid laws, let me know.
Whoever is waving a gun about should be shot.
Originally posted by WJjeeper
the articlies of confederation were never "dropped", they simply lay dormant, it is the oldest document in the history of the US (when it was still a republic). where do you think the constitution got its main principles from? can you show me an actual source to show the Articles were usurped?
dor·mant (dôrmnt)
adj.
1. Lying asleep or as if asleep; inactive.
2. Latent but capable of being activated: "a harrowing experience which . . . lay dormant but still menacing" (Charles Jackson).
3. Temporarily quiescent: a dormant volcano. See Synonyms at inactive, latent.
4. In a condition of biological rest or inactivity characterized by cessation of growth or development and the suspension of many metabolic processes.
Originally posted by WJjeeper
i dont expect you to have the same standpoint i do, your a cop...
Originally posted by WJjeeper
"THEY" pay you, and you gladly accept their dirty money and enforce their arbitrary statutes.
Originally posted by WJjeeper
Law-enforcement officers have the result of generating revenue for the political machinery,and this generation of revenue focus; often means that they actually disturb the peace (ie. causing violence and anarchy by arresting peaceful users of marijuana, prostitutes, etc)
Any citation, regardless of who issues it, has a monetary fine, however that fine is up to the judge, not the Police nor the Prosecuting Attorney.
While prostitution and drug use is illegal, the Police are not the ones who made it that way, nor are we the ones who force people to use drugs or prostitutes, and blaming us for that is absurd, since the choice was freely made by the person who violated the law. If you dont like those laws, quit bitching at the cops and get involved with Government to have them changed. Before anyone whines about this, I will point out that in some cities in Michigan, marijuana use is an infraction (below a misdameanor and only carries a fine, usually 25 dollars), medical marijuana allowed in several states, and prositution allowed in Nevada (8 out of 16 counties).
Even your beloved Peace Officers fall into this category. Whats even funnier in my opinion is the amount of revenue generated by Peace Officers when compared to Police Officers. In addition to generating an income in the exact same manner as Police, Peace Officers also generate revenue through civil process (from filing fees, to serving fees, to mileage for serving the paperwork, court costs etc), where as the Police do not.
Originally posted by WJjeeper
a Peace officer is one who is trained to keep the peace, and does not enforce arbitrary statutory law. a peace officer adheres to the enforcement of the common law.
Common Law vs. Statatory Law - Yet another paring that people invoke, but do not completely understand their own argument. Common Law is based on precedent. If a case is brought and a ruling is made, it creates precedent to create uniformity, meaning people accused of and found guilty of the same crime, share somewhat the same fate, with discretion allowed by the judge as to severity of the established rulings.
Statatory Law - The elected representatives of the people who are part of the Legislative Branch of Government, whose powers are outlined in the Federal and State Constitutions that allow them to create and pass laws that promote the general welfare of the people they serve (whether you agree with their laws or not is irrelevant).
What people fail to understand is how statory law is applied by the judicial system. A person can be found guilty, and can appeal that decisions, all the way through the State courts, and then Federal Courts if there is standing. If a Federal appeals court decides the lower courts errored, they can overturn that decision, creating case law or in other words, a precedent (see common law). Their ruling is now binding on all federal as well as State and Local courts within that Federal Appeals circuit (which is a precedent or case law).
The concept behind Common Law in addition to same crime same punishment, is the abilty of the Judge to use his or her own discretion, which we see today in our legal system with a few small, yet major, problem areas. Under some state law and Federal Drug Laws (CSA) there is whats called a mandatory minimum, which in theory and application meets the requirement of common law, since the same crime gets the same punishment. The issue is it removes the ability of the Judge to exercise discretion and take into account mitigating circumstances, which violates the theory of common law.
Common Law is still in use in some States, and for the most part the common law rulings are not compatible with other states.
Article IV - Section 1 US Constitution - Full Faith and Credit Clause
People often invoke the Full Faith and Credit Clause when they make their arguments about Common Law. The State I am in does not recognize Common Law, and we have run into issues where an incident / issue from a surrounding state makes its way into ours. The largest issue we have is Medical related, and comes down to care issues. One of the surrounding States allows and recognizes common law marriages, where as my state does not. Becuase they are not legally married (recognized) the significan other has no legal standing to make medical decisions.
People have argued the Full Faith an dCredit Clause, which essentially says legal proceedings in one state must be accepted in another. The part they fail to understand is Congress is the deciding body as to what will be accepted and what wont be accepted under the clause. Conversley, Full Faith and credit supports the concept of common law by forcing other states to use court rulings as precedence when dealing wiht the same issue.
Common Law - Wikipedia
Originally posted by WJjeeper
And you sir, havent answered my question this whole time. Are you a peace officer or policy enforcer/ LEO
I am a Police Officer because I work for a municipality and I do not enforce Civil law (which is reserved for the Sheriffs Department and in some states the Courts by use of constables / court officers by law). The only civil law Police come into contact with and enforce is whats called a Writ of Body Attachment - Civil arrest warrant by the court.
Peace Officer
Police Officer
Law Enforcement Officer
A Peace Officer and a Police Officer are essentially 1 in the same with one exception. A Peace Officer also enforces civil law in addition to criminal law, making a Peace Officer a Sheriffs Deputy. A Peace Officer enforces all the same things Police Officers enforce, with the added civil protion.
That is the only difference between the 2. I am not sure where people are getting the mindset there is a huge difference, with Police = Bad Joojoo and Peace= Happy Hug-a-thon.
I work for a municipality, and as such carry the title of Police Officer. Both positions carry the same requirements and both are subject to 42 USC 1983.
Here is some more material for people -
Bureau of Labor Satistics
Law Enforcement Position - Police, Peace, Constable, Town Marshal - This link also shows how each individual state views the difference between the 2 and includes a list of states where there is a distinction and what those distinctions are. However, as stated above, it comes down to authority to enforce certain portions of law, namely civil.
Police vs. Peace Officer -
Common Law vs. Statutory Law -
For people who argue that Peace Officers are the lesser of 2 evils, and for those who argue the Government violates peoples rights by using statutory law instead of common law I ask this.
What is your point / motive behind your arguments? To me, it appears that the choice of Peace over Police Officers is based on a misunderstanding of the 2, with the thought process that Peace Officers would have no authority to enforce some laws, namely prositution and marijuana / drugs laws.
The argument between Statutory Law vs Common Law is in the same realm, where Common Law would allow a person to use / be a prostitute and also allow the ability to freely do drugs.
The argument people make, that is against the Consitution, is without merit because the Constitution specifically grants authority to the Legislative to create and pass laws, allows the Govenor / President to sign or veto those laws, and allows the courts to review / challenge / strike down those laws.
How is abiding by the Constitution illegal and Unconstitutional?edit on 25-3-2011 by Xcathdra because: (no reason given)
Originally posted by SirMike
I am a part time LEO. I was trained using the “force pyramid” as a guide on what level of force was and was not acceptable. Basically, it states that an LEO can use one level of force higher than a suspect to get them to comply with a lawful order. The levels of force are verbal, physical, less than lethal, lethal. For example, I ask you to get out of your car and you say no, I can’t shoot you or even use OC spray because you are still at the verbal force level but I can grab you and use physical force to force you to comply. Another example, building on the first: I am now physically removing you from the vehicle and you grab onto your seat to prevent me from removing you … since you still haven’t used physical force on me, I cant break out the ASP, but if you put your hands on me or push me away I can.
The legal standard in my state is anyone with a weapon of any kind within 21’ is fair game.
To answer the question posed by the OP, yes, barring some extraneous circumstances, lethal force can be used on someone wielding a golf club within 21 feet.
Here’s why: www.youtube.com...
Originally posted by Xcathdra
*SNIP*
It's not against the law to look shady.
Originally posted by Xcathdra
reply to post by RRokkyy
Care to point out in the Constitution where it says drugs are legal?
Originally posted by thov420
Originally posted by Xcathdra
reply to post by RRokkyy
Care to point out in the Constitution where it says drugs are legal?
Haven't finished reading this thread yet but I had to reply to this as soon as I read this sentence. Would you care to show me in the US Constitution where it says drugs are illegal? There's just the 18th Amendment about alcohol which they realized was a horrible idea.
Why in the world did it take a constitutional amendment to make alcohol illegal but the Controlled Substances Act just gets to bypass the amendment process?
Originally posted by Laokin
Originally posted by Xcathdra
*SNIP*
I've had about enough of you now. I've been a lurker here for quite some time, but you however, just made me sign up to point out exactly WHY you are a bad officer AND only breed more hate for officers like me.
Lets just focus on the subject of the "shady character."
It's not against the law to look shady.
This statement alone proves that you do NOT know the law, as most LAW ENFORCERS don't. Did you go to law school? Why does lawschool take 8 years? How could a police officer who has signed up, pushed through his month/2month academy ever understand the law that it takes 8 years to teach?
You don't know the law better than anybody here, and I will attest you missed the entire argument at hand.
In plain English, IT IS ILLEGAL TO LOOK SHADY IF I SAY IT IS(By definition of "Officer Discrection" -- not directly, how ever I have the power to lawfully stop anybody I please and bait them into resisting my commands for any reason I deem necessary.) This is Illegal, but also nigh impossible to prove, and also cost a small fortune to even bring it to attention, only to fight the law itself, and we all know -- the law almost always wins. This is what the people here have a problem with and by extension this same logical fallacy applies to all reaches of LE.
If some one were to look "Shady" that entitles me to have "Reasonable Suspicion" which grants me the power to detain the "suspect." Once I issue them a command, (even though I'm infringing on their rights as free citizens) if they decline any of my unreasonable commands, they are now in violation of the law for not obeying a lawful command.
This is the argument you keep spinning useless rhetoric around, as we are all trained to do. It's how you justify what you CHOSE as employment.
Police Officers come in TWO fashions. Law Officer & Peace Officer. You seem to lack all knowledge on the differences between these two representations of law enforcement. I am a Peace Officer, you are a Law Officer.
: (no reason given)
Originally posted by civilchallenger
Originally posted by SirMike
I am a part time LEO. I was trained using the “force pyramid” as a guide on what level of force was and was not acceptable. Basically, it states that an LEO can use one level of force higher than a suspect to get them to comply with a lawful order. The levels of force are verbal, physical, less than lethal, lethal. For example, I ask you to get out of your car and you say no, I can’t shoot you or even use OC spray because you are still at the verbal force level but I can grab you and use physical force to force you to comply. Another example, building on the first: I am now physically removing you from the vehicle and you grab onto your seat to prevent me from removing you … since you still haven’t used physical force on me, I cant break out the ASP, but if you put your hands on me or push me away I can.
The legal standard in my state is anyone with a weapon of any kind within 21’ is fair game.
To answer the question posed by the OP, yes, barring some extraneous circumstances, lethal force can be used on someone wielding a golf club within 21 feet.
Here’s why: www.youtube.com...
I don't see how telling someone to get out of their car is a lawful order. I can't go up to someone's car and order them to get out, so why can you as an LEO? Unless of course you've already got probable cause to believe if they do not exit the car that person will cause harm. But that is not what is implied in your post at all. Your post implies that ordering anybody in any circumstance to get out of their car is a lawful order.
Originally posted by thov420
Originally posted by Xcathdra
reply to post by RRokkyy
Care to point out in the Constitution where it says drugs are legal?
Haven't finished reading this thread yet but I had to reply to this as soon as I read this sentence. Would you care to show me in the US Constitution where it says drugs are illegal? There's just the 18th Amendment about alcohol which they realized was a horrible idea.
Why in the world did it take a constitutional amendment to make alcohol illegal but the Controlled Substances Act just gets to bypass the amendment process?