Gunny G: Roger Roots, Are Cops Constitutional? Police As A Standing Army, Etc.

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Seton Hall Constitutional L.J. 2001, 685

 

ARE COPS CONSTITUTIONAL?

 

Roger Roots*

 

ABSTRACT

 

Police work is often lionized by jurists and scholars who claim to employ “textualist” and “originalist” methods of constitutional interpretation. Yet professional police were unknown to the United States in 1789, and first appeared in America almost a half-century after the Constitution’s ratification.

 

The Framers contemplated law enforcement as the duty of mostly private citizens, along with a few constables and sheriffs who could be called upon when necessary. This article marshals extensive historical and legal evidence to show that modern policing is in many ways inconsistent with the original intent of America’s founding documents.

 

The author argues that the growth of modern policing has substantially empowered the state in a way the Framers would regard as abhorrent to their foremost principles.

 

PART I

 

INTRODUCTION……………………………………………………….686

 

THE CONSTITUTIONAL TEXT……………………………………….688

 

PRIVATE PROSECUTORS…………………………………………….689

 

LAW ENFORCEMENT AS A UNIVERSAL…………………………..692

 

POLICE AS SOCIAL WORKERS………………………………………695

 

THE WAR ON CRIME………………………………………………….696

 

THE DEVELOPMENT OF DISTINCTIONS…………………………..698

 

RESISTING ARREST……………………………………………………701

 

THE SAFETY OF THE POLICE PROFESSION……………………….711

 

PROFESSIONALISM?………………………………………………….713

 

DNA EVIDENCE ILLUSTRATES FALLIBILITY OF POLICE……..716

 

COPS NOT COST-EFFECTIVE DETERRENT………………………..721

 

PART II

 

POLICE AS A STANDING ARMY…………………………………….722

 

 

THE SECOND AMENDMENT……..725

 

THE THIRD AMENDMENT……………………………………………727

 

THE RIGHT TO BE LEFT ALONE…………………………………….728

 

THE FOURTH AMENDMENT…………………………………………729

 

WARRANTS A FLOOR, NOT A CEILING……………………………733

 

PRIVATE PERSONS AND THE FOURTH AMENDMENT…………..734

 

ORIGINALISTS CALL FOR CIVIL DAMAGES………………………739

 

DEVELOPMENT OF IMMUNITIES……………………………………743

 

THE LOSS OF PROBABLE CAUSE, AND THE ONSET OF PROBABLE SUSPICION…………………………………………744

 

POLICE AND THE “AUTOMOBILE EXCEPTION“………………….745

 

ONE EXCEPTION: THE EXCLUSIONARY RULE?………………….747

 

THE FIFTH AMENDMENT…………………………………………….751

 

DUE PROCESS………………………………………………………….752

 

ENTRAPMENT………………………………………………………….754

 

CONCLUSION……………………………..757

 

EXCERPT !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

 

via Roger Roots, Are Cops Constitutional?.

 

IS THIS MAN, PRESIDENT OF THE UNITED STATES OF...

IS THIS MAN, PRESIDENT OF THE UNITED STATES OF AMERICA, THE LEADER OF THE FREE WORLD, MENTALLY ILL? (Photo credit: SS&SS)

 

 

 

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About Gunny G

GnySgt USMC (Ret.) 1952--'72 PC: History, Poly-Tiks, Military, Stories, Controversial, Unusual, Humorous, etc.... "Simplify...y'know!"
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1 Response to Gunny G: Roger Roots, Are Cops Constitutional? Police As A Standing Army, Etc.

  1. Gunny G says:

    Reblogged this on GUNNY G UP: THE NEW GUNNY G BLOG, ETC. ! and commented:

    Gunny G: Roger Roots, Are Cops Constitutional? Police As A Standing Army, Etc.
    May 13, 2013 Gunny G Edit Leave a comment
    big

    big (Photo credit: GunnyG1345)

    Seton Hall Constitutional L.J. 2001, 685

    ARE COPS CONSTITUTIONAL?

    Roger Roots*

    ABSTRACT

    Police work is often lionized by jurists and scholars who claim to employ “textualist” and “originalist” methods of constitutional interpretation. Yet professional police were unknown to the United States in 1789, and first appeared in America almost a half-century after the Constitution’s ratification.

    The Framers contemplated law enforcement as the duty of mostly private citizens, along with a few constables and sheriffs who could be called upon when necessary. This article marshals extensive historical and legal evidence to show that modern policing is in many ways inconsistent with the original intent of America’s founding documents.

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