If cops are in the Administrative branch of government, how can they give you a judicial summons (ticket)?

Question

Isn't that a function of the Judicial branch of government? And isn't there a "separation of powers" issue involved?

From what I've read, the police have the authority to arrest you and take you immediately before a magistrate, but they have no authority to issue a judicial "Notice to Appear".

Answer 1

Actually, take a look at the citation. It is not an order to appear, it is your AGREEMENT to appear (at least, in California). If you fail to comply, you are charged with violating your promise to appear, not with violating a court order. If you do not sign the agreement, then the police officer will take you before a magistrate, who can release you with or without bail, and make a judicial order that you return.

ADD: In California, city police are just as much law enforcement officers as county sheriffs or state police. Maybe that is different elsewhere, but I doubt it.

ADD2: It is correct that the term is not "administrative branch." It is, however, "executive branch," and the police are part of the "executive branch" (in this context, arresting people and charging them with crimes), and are not part of the "judicial branch" (in this context, determing whether a crime was committed and imposing punishment). The third branch is, of course, the "legislative branch" (in this context, defining crimes).

Answer 2

Last I heard there were only 3 branches, the Legislative Branch, the Executive Branch, and the Judicial Branch. Is the Administrative Branch new?
See, this is what happens when a group of potheads sit around and discuss the law and the functions of the government.

Answer 3

City police have no actual law enforcement powers, only what you allow them to get by with. Cities are actually corporations, corporations are defined as entities designed to make a profit. City cops are nothing more than corporate security guards. The constitution gives the county sherriff actual law enforcement powers. When you go before a city judge ask him who his employer is. He'll say the city of whatever, then you say, well, isn't that the same corporation the cop who wrote the ticket is employed by? Tell him it's a conflict of interest and you want a jury trial in federal court. He has to either give it to you, or dismiss the case.

Answer 4

I would tend to agree with you. Even though I've worked as a cop in the past, I never agreed with issuing citations. Of course, you can challenge that in court. But who is the judge going to believe? You (who is sworn to tell the truth in court) or the cop who is "sworn to duty"? In most cases, in my opinion, when a cop gives someone a ticket, it's judge, jury and hangman all in one. But there is actually one thing we're not mentioning. When you are caught breaking the law, as in speeding....they issue you a citation....instead of arresting you. But then again, as in most cases, it'll be your word against theirs.......

Answer 5

"the Administrative branch of government"??? No such thing genius!

Cops are in the judicial branch, just like judges are.

Answer 6

Can you imagine a judge personally issuing a notice to appear?

That is why they employ the police and other memberes of the judiciary.