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Thread: Where does legal authority originate?

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    Where does legal authority originate?

    Where does the authority for all level of law enforcement, from the security guard to the federal officer, derive their authority?
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    From the people.
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    From the written law that is either legislated or voted into law by the people. Each level of law enforcment gains it's authority from different sources. Municipil from state, federal and local law. Sheriff from State and federal law but they can enforce local law.
    Federal Officers from Federal Law.

    Security Guards from company policy that must be in line with State Law. This level has no more authority then an average citizen except on the employers property.

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    From England we copied most of there laws and the concept of police.
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    Municipal police in Oregon used to get their authority from the city, but since they formed state standards, they get it from the state. Same with county sheriffs and deputies.

    Obviously feds get theirs from Congress.
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    North Carolina = State

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    In MA, municipal police get their authority from state law.
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    The Constitution of the United States of America.

    http://www.archives.gov/national_arc...stitution.html
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    Where does legal authority originate.

    Our legal authority regardless of jurisdiction flows from the Constitution of the United States,through the Consitution(s) of the several states. Both county and municipal officers derive thier authority from these sources as well. Can a state officer enforce Federal law? In most cases no. Conversely,can a Federal officer enforce state law? Again, the answer is no. Even though the legal authority flows from one basic source,there is a division of powers. As a state officer, I cannot enforce a municipal ordnance,but a city officer can enforce state law within his city limits. There are some variables here, and they occur from state to state. Security guards,in general: A security guard, unless specifically commissioned or authorized, has no more arrest power than that of a private citizen,as that is what they essentially are. More and more, security companies and contractors are un-armed as a result of enormous liability potential.
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    From where you ask...

    Where does the authority for all level of law enforcement, from the security guard to the federal officer, derive their authority?
    Krispy Kreme...

    JW

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    Quote Originally Posted by kingsman View Post
    Where does the authority for all level of law enforcement, from the security guard to the federal officer, derive their authority?
    From "Common Law", "Statutory Law from congress", "Case Law from court orders" and "from Regulations of agencies with regulatory authority"

    My college degree in Criminal Justice led me to answer this.
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    Quote Originally Posted by FED/guy View Post
    My college degree in Criminal Justice led me to answer this.
    Resurrecting a 9 yr old thread to do so...............
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    I guess they didn't cover the sins of necromancy at his college--epic fail.
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    Quote Originally Posted by just joe View Post
    I guess they didn't cover the sins of necromancy at his college--epic fail.
    That is only in the liberal arts schools.
    Quote Originally Posted by FED/guy View Post
    My college degree in Criminal Justice led me to answer this.
    And after all the preaching on O.com how useless a CJ degree is outside of law enforcement?!?! I have been proven wrong and will be heading back to campus to get mine so I can resurrect ancient threads.

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    Is the op a sovereign citizen?
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    They asked me to raise my hand, say a bunch of gobblety goop about upholding the constitution of the US and state of NJ. They then gave me a badge, ID and a gun.
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    Quote Originally Posted by stormz5192 View Post
    They asked me to raise my hand, say a bunch of gobblety goop about upholding the constitution of the US and state of NJ. They then gave me a badge, ID and a gun.
    Mine was similar, cept Texas. And all I got was a badge... I feel jipped
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    Quote Originally Posted by stormz5192 View Post
    They asked me to raise my hand, say a bunch of gobblety goop about upholding the constitution of the US and state of NJ. They then gave me a badge, ID and a gun.
    Quote Originally Posted by BikeCop501 View Post
    Mine was similar, cept Texas. And all I got was a badge... I feel jipped
    No gun here, just a badge and I had to front a $25 non-refundable deposit.
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    Heck, I even bought my own badge,both of them actually

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    Had to pay 15 cents for my badge pin after taking the oath.
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    Yes it was

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    My 2 cents.... Federal LEO's are very restricted, there specialty, or base is the only thing they can deal with. US marshals don't investigate, FBI don't transport prisoners. Wild life deals with wild life, so on and so on. Their authority comes from a written federal law. On a side note, some federal officer are cross sworn with the local agencies where they work, I hear the Border Patrol in Texas has a lot of this with Sheriff’s, giving them authority to do more. Military Police, can only work on military reservation, but on the reservation, they are pretty much it. There are a level of MP’s that are considered federal agents, but there world is restricted just as all other federal agents to only there specific area. Depending on branch of service, there name will change, CID, NCIS, and OSI. There was a federal court case about 6 or 8 years ago that said MP’s cannot even assist with traffic control for local agencies based on Posse Commutates. This came about in Alabama where MP’s help a Sheriff control a major crime scene.

    Next is state, some are only a highway patrol, other states have general LE authority, but again from a written law. CMV state officers can enforce federal law, some states let local agencies perform CMV enforcement, but I think only state officers can enforce level one rules, city and counties can do level two and three.

    Next, will be the sheriff, and his deputies (side note, it's a Sheriff's Office, not a department, he's an elected official), 49 states have sheriff's, Alaska is the only one without. A sheriff, in all 49 states get there authority from State Constitution.

    Next down the list is a Constable or Marshalls, not all states have them, but they are pretty much same as a Sheriff, only in a township / ward or whatever the state they are in breaks a county into.

    Last is police officer (not to be confused with state police), there are some counties that have a county police department across the US (Virginia and Georgia has several), some counties are metro (Charlotte, as a police department, Las Vegas and Jacksonville FL have the Sheriff as the Chief). For the most part Police Officers are only in cities and towns. All Officers get there authority from written law.

    Most states have generous Mutual Aid agreements, allowing officers/deputies to cross jurisdictional boundaries. NC says a municipal officer, can go a mile beyond its political boundaries. Some states give all LEO’s state wide jurisdiction regardless of who holds there certification. I believe California and New York do this.

    But in general, it does flow down, but only on the granting authority’s governing authority.

    There is one unique Agency that I can think of out there, they have many names, but in general, Rail Road Police are granted full/general authority any place their tracks run, and I believe one mile on either side of said tracks. This comes from some old federal laws from back in the Pinkerton days of the old west. They can use, federal, or state laws.

    Now the interesting part, as a federal, state, city, or town officer, who gets your authority from written law, a new law, or repelling the current law, can take it away. For a Sheriff, it requires a constitutional change. Something not so easily done.

    I’m probably wrong on some.
    Last edited by arcop117; 01-03-2014 at 12:50 AM. Reason: add

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    US Marshall's absolutely conduct investigations.
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    US Marshals are the closest to being a national police force. Extensive authority across the country.

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