Police Always Pass The Buck And Say We Don't Make The Laws? Yet Who Enforces Them?

Question

Police will always tell you that they don't make the laws, and yet who enforces what. The police individually and selectively make their own personal judgement calls of which laws to enforce and which ones not to.

Therefore who puts the teeth in the laws. The police do of course.

Let's take spitting on the sidewalk. The police choose not to enforce this law.

Yet how about marijuana smokers, police go after them with a passion because there's lots of money to be made off of them.

And how about the Bill of Rights in the Constitution. The police choose to ignore these laws because they are contrary to police tactics.

The police especially ignore the 4th amendment, Police have special classes in how to by pass and lie about probable cause and how to bypass the constitution and obtain convictions.

So who really makes the laws.

Answer 1

A little bitter there, aren't we? Damn those police taking away your good pot! What are they thinking?

Answer 2

The legislative branch of the local, state and federal government make the laws, the judicial branch interprets the law, and the executive branch enforces the law. So much for Civics 101.

To answer your real question, the cops don't make money enforcing any specific law or one law over another and are obligated to enforce all the laws on the books. Theres no bonus for arresting a pothead or rock monster. If you are referring to overtime relating to the prosecution of a specific criminal then a DUI is the best court time producer of them all!

Officers are free to use their judgement and common sense to enforce the law and being human some officers may use good or bad judgement and may or may not display common sense in their actions. As long as humans are involved you will have to deal with emotions.

If we had the technology to build a police robot that was devoid of emotion, common sense, and other human frailty and would enforce all laws to the letter would you be happy then? Probably not because you would be in jail along with everyone else because nobody's perfect.

Your problem is that you don't want the rules to apply to you because you enjoy a behavior that is not condoned by decent society. Take smoking marijuana since thats the example you use. If you did it in the privacy of your home and didn't affect anyone else there would be no problem. If you do it in public where it affects or offends others, or drive a motor vehicle under the effect of marijuana, then it becomes an issue that needs to be addressed by the police.

A police officer is sworn to protect and uphold the Constitution of the United States and contrary to your belief all of the training and procedures fall within the guidelines of the Constitution. Any police officer thats acts outside the constitution would be quickly identified and terminated or possibly jailed.

So who really makes the laws? You do by electing people who ignore and subvert the Consitution. Change begins at the ballot box.

Answer 3

Your representatives make the laws. This makes it hard for police because lawyers write the laws however their experience with police work in the field and practicality doesn't always work well once the law hits the books and now becomes enforcable. Hence the legislature revises the law to make it work after lobbyists push for the changes.
The police enforce the law. Spitting on the sidewalk is a violation that leaves descretion as to enforcement action to be taken.
The people that are out there and get stopped for a moving violation may have received a warning from the policeman. That is because the law allows the officer to excercise discretion. However, if you punch your wife in the mouth the law allows no leeway in this instance. It's what the state goverment considers hard line versus "a warning will do if the officer allows".
As far as "lying about probable cause". I've never heard that drivel before. If anything classes instruct you on what to look for after you have established "reasonable suspicion". However that doesn't allow you to make the arrest...."probable cause" does. It doesn't say.."probably 'cause".
Most police officers will not excercise descretion. Like for instance...you'd find some person with a joint or two. Grab the joints, crumble them into a sewer drain and send the guy on his way. Know why you don't do that now? because the guy you gave the break to goes and complains to your supervisor and the cop gets arrested for destroying evidence. that's the way it works now. So...thanks to the dummies out there who got the breaks.....that's the reason why the breaks have gone.

Your question by the way is more a statement and full of half truths for the most part. If you're a criminal justice student you need to bone up on supreme court law. If you're a jailhouse lawyer...well...that explains your statement.

Answer 4

good question (I don't agree with the one about the police and the bill of rights, any GOOD police officer lives by those rights.) Police are given discretion because there's weight given to different infractions. I.E. the spitting on the side walk, yes, they COULD cite you for that, but that's more of a society fau-pax (don't spit in public) you're not causing harm to yourself or anybody, your spit isn't going to destroy the concrete and it's way too much paper work to give EVERYBODY who litters a ciggarette butt or spits on the sidewalk a fine. Marijuana is a society crime.... in that.... if you're smoking a joint around people, there's a chance you're going to offend somebody., and if you're driving, it slows your reaction time, creating a hazzard for others on the road, etc) NOW, as far as your concern with the 4th ammendment... The fourth ammendment GIVES you the right to feel secure in your house and in your person. It's not a hop and skip to get one of those warrants, It's the DA who okay's the innitial request and then a judge gives a yay or nay. It's actually very hard because there has to be REASONABLE PROOF and if you read the warrant, it'll cover a specific area. I have never heard of a class to bypass the constitution and infact, police in my area are encouraged to attend law and ethics classses.And lastly, the law is made, on a federal level, through the judicial, legislative, and executive accord. State to state, law is made through legislature and judicial systems. The enforcement is just that.. enforcing... not creating.. just ensuring that the laws are abided by, so please, give the poor police officers a break, they're not making alot of money, they've all got families, and alot of them are really great guys/girls.....

Answer 5

We the people make the laws, sometimes it is the people who have all the money, but thats the breaks. we have a vote from sherriff to president and they all represent US ...at least that is what we hope they are going to do...no system is perfect..but the U.S. so far is best ...if I felt another country was best I would go there to live...we have that choice...that is a personal choice for me ..im sure others have there own opinion...and thats good too....we need to be our own people ....no one can take our personal choice away from us ...they can take away everything but not our preferences.

A police officer cannot find you guilty that is up to a judge or jury,so even if the police did make the law they are not the judge and jury .
If it is against the law, be prepared to pay the price for breaking that law. . Also let us not forget A police officer is also known as a PEACE OFFICER
and they are not just enforcers they are there to serve and protect us ......
keep your nose clean ...{an old saying}....and don't break the law.Or if you decide to break the law ...be sure the the price you will have to pay if you get caught and then found guilty is worth it.

Answer 6

People make the laws by voting for politicians who have similar beliefs as their own. Laws are usually brought about because there is a concern about something. Cops are just people who have worked to get into a position where they can enforce the laws.
Police are entitled to use "Police Discretion" while enforcing the laws so if I see a guy and his two kids not come to a full stop at a stop sign, I pull him over, and he apologizes and is a working stiff who is running late for dinner... does this person need a ticket and to go to court to correct his behavior or could I probably just warn him? Probably just warn him. If a car full of useless low life repeat arrestees do the same act they probably need as many tickets as I can find to remind them to be good citizens.
As for ignoring the 4th amendment, most of the time it is easy to build probable cause to obtain an arrest and even if the probable cause is a bit shakey, you make the arrest, get the drugs or guns off the street, and maybe not get the conviction but you still got the guns and drugs off the street which is still a winning situation in any police book.
So back to your questions who makes the laws, voters make the laws, if you don't vote ya can't complain about it.

Answer 7

The police don't make the laws. The police use their discretion in enforcing what the laws are. For example, spitting on the sidewalk is not illegal but spitting on a person could be assault. (You don't ) know if they have some kind of a disease. Drug use affects everyone not just the person using. Just think if the police inforced all laws how many times would you have been arrested.

Answer 8

The law allows police officers discretion for misdemeanor crimes.

The reason most police officers don't enforce the spitting law is because it is antiquated. It was effected to control communicable diseases, which at the time were rampant.

The reason the drug laws are enforced is because the police don't like dopers. Decent hardworking people don't like them either. They commit other crimes like theft, burglary, battery, and on occasion murder.

You don't read in the paper about some mad spitter killing their family. Or some mad spitter shooting up a school. But you do hear about dopers doing those types of crime. So what excuse do you have now?

And what do you know about the Bill of Rights for that matter. You hide behind the Constitution to spout off your vile attacks. You have yet to provide any proof or facts to any of your postings. I am also perplexed as to why you spend so much time in the police forum when you could be doing so much more on the totse forum. Why? I, for one, find humor in your rantings. I feel at times I can get a nice little dig in and it just annoys you.

So continue to hide as you do.

And to answer your last question. Laws are created by the elected officials who are a represenative of the community they serve. Apparently dopers are incapable to get themselves to the poll to cast their votes. They are either locked up or too stoned to get up off their mama's couch.

Have a nice day!

Answer 9

At the local level the city councel
then the county assembly
then the state congress
then the federal congress

They are signed into law by the local executive branch

Mayor
County executive
govenor
President

and overseen by the judicial branch for constitutionality and for judgement to be passed when they are broken.

Now the police are a mixture of the judicial branch and the executive branch

If you are upset about a bad law then you really should start local and get involved in your local government go to a city councel meeting propose a ballot initiative to change the laws that you dont like. And your assessment of laws from local misdimenor public misconduct is a bit diffrent then the federal anti drug laws it is that whole mandatory minimum sentancing BS.

Oh and good luck in life cause that Joint just cost you any federal aid for higher education. (no grants no loans no scholarships)

Answer 10

I am always amazed at how intelligent some people seem to think they are! I often listen to a radio talk show wherein the host would lead you to believe that he is the only person in the world who has the real facts. He is an expert in everything including the Bush Grudge War but he admits he has never been in the service.
The author of this question has to be embarrassed when he reads what he has submitted. I think if I could not present a more intelligent question or support even a bad question with legitimate answers I would be embarrassed to post to this media!

Answer 11

If a cop doesn't ticket you for spitting on the sidewalk, you should thank him...not use it to criticize everything else he does.

City, State, County, and national legislators write the laws. These folks are put in office by YOUR vote. It is the DUTY of police officers to uphold and enforce the law, for the public's protection, as determined by those legislators you voted into office to represent you.

Police are subject to the same laws as you, and their methodology is dictated by our laws, the Bill of Rights, and our Constitution.

The neo-cons have already spent decades trying to alienate the police from civilians, and desensitize them to civilian concerns. Attitudes and misconceptions like yours only make matters worse.