Why do police enforce Laws that are contradictory to the Constitution and Bill of Rights?

Question

Are they just following orders?

And aren't they sworn to protect these documents in their oath as a public servant?

Example:

Unlawful search and seizure.

Every time during a traffic stop, and someone's car gets searched without a warrant, that's unlawful.

Also, even by pulling someone over, they are being placed under arrest.

If I try do drive off, then I go to jail.

Is this not false arrest?

I do not consent to a search of my automobile without a warrant.

There is no probable cause except the broad definition of "suspicion".

If I do not consent, does that make me suspicious?

What is the difference between being arrested and being detained?

I don't see the difference, either way, I can't go anywhere, and I've committed no actual crime.

There are many real questions here,

You just don't have the answers.

It figures that they don't want you to uphold the Constitution, makes more sense now.

And why should I have to obey the officers "commands"?

I have committed no crime, why should I be subject to anyone's commands?

What right does this officer have to "command" me to do anything?

I've responded to many answerers that have deleted their responses.

You must not believe the garbage that flows from your own fingertips.

Answer 1

First of all, you live in Las Vegas, sweetie ....
The "normal" rules do not necessarily apply in LV...

Second of all, a lot of police officers are some of the biggest jerks ever.... [I used to be married to one, so I know first hand!] .....
Many cops are jerks, and enjoy abusing their power, and worse, some are even corrupt. And yes, if you resist them, you will get treated even worse.... :(

No, it is soooo NOT fair - but unfortunately, that is the way our world is sometimes ..... I am sorry, sweetie !!!!
xoxox


*** EDIT: To "whcwarrior" above -- LEARN how to SPELL correctly, buddy, and maybe you will have some credibility!! Bad spelling & grammar only make you sound even more stupid !!!!

Answer 2

They don't. States create their own laws that compliment the constitution. The law(state and federal) is very complex, and can take years of studying and research to fully understand. Don't believe everything you hear from the local armchair lawyer. Also what you read in writing is up for interpretation by federal and state supreme courts. About the traffic stops, its not an arrest. Its a detention. Traffic stop are not unlawful seizures either. You can be stopped for crimes, traffic infractions or investigation purposes. And warrantless searches are not illegal if consent is given, evidence suggest criminal activity is present, or an arrest is made.




An arrest occurs when a person no longer reasonably expects that he is free to leave.(<----up for interpretation state to state) There is a big, legal difference between a "detention" and an arrest. A "detention" occurs when a police officer stops someone because they have an "articulable" or definable suspicion that a crime has occurred. The person can't leave when he's detained, but the detention must be of a short duration and is limited in its scope. The officer may ask a few questions to identify the person and his passengers and can hold them there to find out if there really is a violation. Thats a basic explanation. Maybe you sould enroll in a crimainl law class

Answer 3

Police are not the law, they are upholders and servants of the law....... right , wrong or indifferent.

It is not a policemans job to interpret law, define law or analyse judicial right. Only follow the letter of the law as it is wrote.

This may give the public the wrong idea of police sometime but usually it is the law that is wrong not the policeman.

Sure they may not be everyones friends or the sharpest tools in the shed but i am glad they are there .

Without them society would be in chaos and the general public would have little protection.


Also people tend to confuse Law with justice, Courts of law rarely administer justice, that is why the rich get off and the poor and marginalised go to jail.

If you feel you have been wronged look at the Law , or get a lawyer to do it for you, (those fine bastions of integrity!)

Don't always blame the flatfoot if there are bad or stupid laws, that were put there by the corrupt or unethical .

Law and Law making is the domain of the lawyers and politicians !

Bad laws exist for one reason to make lawyers and politicians richer.

Allow bad laws in the constitution and the ambulance chasers and pollies can argue and keep courts tied up with this nonsence whilst they both grow rich.

Meanwhile the undepriveledged and poor go to jail!

The law is an *** and justice is blind, not the people who uphold it

Answer 4

Police are "duh" not your brightest public servants. I mean look, after all, they do work for beans so to speak. They do it for the "authority and glory" you know? "I get to wear a badge and boom bang bang! --shoot people! I got a license to kill"! That is in the mind of most police officers from my experience. However, when they do -- do something right, it's not often, but amazing---that they actually did right.

Police officers, as you can see much of in the media, and there are many cases that you don't see, don't have the mental capacity or brain power to read the constitution and Bill of Rights, much less comprehend them.

Plus we live a society (even the world) where things are getting much worse on a daily basis; I mean after all, it was prophecied that the world would grow to a point of such unruliness and outrage, "then the end will come". Cops are not exempt to this crazed and outrageous, illegal behavior. They, like the so-called loser criminals they are entrusted to arrest and lock up, are pretty much in the same boat. Where there is chaos in the world, people are the ones committing it---it can be anyone, even already bad cops.

Bad cops have been around though as long as bad people have been around, but to just put it bluntly in answering your question, a cop is only good as his/her education, their police chief, and most are not too terribly bright. They don't care "about all that constitution and rights junk". They figure "Oh, the prosecutor will just get me off", but in the case of Frank Jude, the feds got those lame, abusive, uneducated, drunken [now ex] cops. They are doin' hard time in a pen. You really can't trust anyone even those who are supposed to protect and serve. Serve what?--- Donuts and hoho's?

They don't have much education and many of them have "military points". Well, our military does not have the best honor system whatsoever. They go into the military because they've committed crimes, or don't have any education, and come out more damaged; significantly derranged even.

They just are not too bright, you know? They want to "Make it on Cops TV and Worst Cop Videos" shows. Hey, just look at Drew Peterson...there is your picture of a pure and just "Constitutional, Law Abiding" slob. You see how he behaves on TV? Not too bright.

Answer 5

I'm not sure what state or federal laws you are talking about specifically, but what's written in the Consititution is the law of the land and no law supecedes it.

But it's a hazy issue, especially when you go back in time and look at the history of civil rights in this country. There are no pat answers in the Constitution.

Answer 6

Such as?

The "automobile exception" allows to police officers to conduct a warrantless search of an automobile once probable cause has been established.

What else have you got?


So then it's up to the courts to decide, based on the circumstances, whether or not a search was justified.
Once you've been pulled over, you're being detained. The officer has the option of warning and admonishing you, citing you, or arresting you. You're not free to leave until the officer says you are. So if you left, you would be arrested.

Answer 7

Your question is so vague and asanie, i wouldnt know where to begin. No, we dont take an oath to uphold the constitution, that would be the military. If you are stopped, you are not under arrest, you are being detained. Probable cause is reason enough to search your vehicle without a warrant. If you fail to obey the officers commands, you can be arrested, just like failing to obey the speed limit will get you a ticket. I lost count of how many roadside lawyers i have met, but so far, i havent met one that has passed the state bar exam....

Answer 8

Here is the mindset from the top:

“I don’t give a godd*mn,” Bush retorted. “I’m the President and the Commander-in-Chief. Do it my way.”

“Mr. President,” one aide in the meeting said. “There is a valid case that the provisions in this law undermine the Constitution.”

“Stop throwing the Constitution in my face,” Bush screamed back. “It’s just a godd*mned piece of paper!”

http://www.gnn.tv/threads/10799/Bush_on_the_Constitution_It_s_just_a_goddamned_piece_of_paper

Answer 9

Examples? Criminal laws have been ruled constitutional, or else the get changed or removed. The Constitution and Bill of Rights can't possible outline every single rule or regulation. That's where Federal, State, and local laws come in. To provide order. But they must still be "Constitutional". Get the difference?

Answer 10

1) because their job is to maintain order and the illusion of security.
2) The administration has a laissez faire attitude about the law ie they just ignore it. So the police are just following Ws example.
3) Do you have the monetary resources to file a lawsuit against them to protect your rights or to brinng a class action suit against them? They are counting on the probability that you do not.
4) This is why the super-rich (aka the elites) seem to be above the law. They do have the resources to defend their rights. they also have the political connections to cause an overzealous officer a great deal of employment grief.