Law Availability

[markheck1]

this mght not be the best place for this, but here goes....
This is a question for the LEO's on the board, but more as an inquiry in general....

With all of the technology of today's society....Police Cruisers have computers in them, EVERYONE'S office has a computer with internet access.....Is there not access to an applicable law library to a Police Officer? I realize the average officer does not have time to research every crime at every bust....but when they encounter something new, and are presented with facts that are new.....shouldn't there be a way to get that Officer this important information? Rather than call someone else who has no clue, either....
Seems to me like it would be a better way to do things. Rather than arrest someone for "Contemp of Cop" and hope it sticks, or drop it later....

OK...Rant over.....just something I was wondering this morning

[ChamberedRound]

Originally Posted by markheck1

this mght not be the best place for this, but here goes....
This is a question for the LEO's on the board, but more as an inquiry in general....

With all of the technology of today's society....Police Cruisers have computers in them, EVERYONE'S office has a computer with internet access.....Is there not access to an applicable law library to a Police Officer? I realize the average officer does not have time to research every crime at every bust....but when they encounter something new, and are presented with facts that are new.....shouldn't there be a way to get that Officer this important information? Rather than call someone else who has no clue, either....
Seems to me like it would be a better way to do things. Rather than arrest someone for "Contemp of Cop" and hope it sticks, or drop it later....

OK...Rant over.....just something I was wondering this morning

Since this is obviously being asked in light of recent events, I'll provide my opinion in that context.

The police don't need to be well-versed in the details of the law, but they have to understand the basics. To me, understanding things like what constitutes reasonable/unreasonable search and seizure (in other words, understanding the 4th Amendment) is pretty basic.

For the details, the police already have something better than an often unreliable and uneducated Internet opinion or database: they have local prosecutors and DAs. If the police aren't sure what to do, or aren't aware of what's legal and what's not, they should contact their prosecutors and ask. However, they shouldn't break the law illegally detaining people while figure out what to do. If that's a problem for the police, then they should be proactive and be better prepared prior to an incident occurring.

[jcabin]

Illegal Search & Siezure, 4th Amendment.

Terry v Ohio
Mapp v Ohio

Check it out.

[GunLawyer001]

Without a searchable database, it's actually quite hard to answer the question "is there any statute which makes it illegal to do X, Y and Z?"

It's much easier to ask if carrying a firearm in your car without a license is illegal under Title 18, Section 6106. Just read the section, check the annotations for any interpretations, apply the facts. Takes under an hour.

But let's say you find somebody with a machinegun, and you want to know if it's legal. You can scour the entire UFA and not find "machineguns" mentioned. It's not until you come across the "Prohibited Offensive Weapons" statute that you find the state prohibition, with the exception. If you don't know it's there, it will take a LONG time to find it, and you'll have to keep searching to see if MG's are mentioned anywhere else.

I don't blame cops for being uncertain about the laws. I do blame any cop who is unsure of the law but uses the power and force of the State to compel a citizen to obey his arbitrary commands. I also blame any cop, full-time or part-time, who has not bothered to learn the rules for search & seizure, because these will come up a lot.

[jcabin]

Originally Posted by GunLawyer001

I don't blame cops for being uncertain about the laws. I do blame any cop who is unsure of the law but uses the power and force of the State to compel a citizen to obey his arbitrary commands. I also blame any cop, full-time or part-time, who has not bothered to learn the rules for search & seizure, because these will come up a lot.

4th Amendment rights and law MUST be known to LEO's. This is where any investigation will begin, once an officer has reasonable suspicion or probable cause. Any negligent action through out this stage of an investigation means the entire case could be thrown out due to the exclusionary rule. It also means criminal and civil charges could be brought against the offending LEO's.
I don't understand how so many cops don't know what the proper procedure is? I'm already a year done with college and i feel sufficiently strong enough to say I do know more law than most local or regional police..(in regards to the criminal process) When you're dealing with police forces that require an education, (state police), then they've got me beat..

[Pa. Patriot]

Originally Posted by GunLawyer001

... I also blame any cop, full-time or part-time, who has not bothered to learn the rules for search & seizure, because these will come up a lot.

Me too. In the very first section ("Pennsylvania Legal Guidelines") of my version of the PA crimes code book is a very comprehensive explanation of citizens rights vs. police action is regards to investigation, detention and arrest.

It's not like it's the most important part of an LEO's job or anything.

[BenningBoy]

Isn't there a continuing education program of some sort for these guys? I would expect an EMT to be up on the latest gizmos and techniques to save my life, why is it so different for an LEO not to be up on laws he is enforcing?

[jcabin]

Originally Posted by BenningBoy

Isn't there a continuing education program of some sort for these guys? I would expect an EMT to be up on the latest gizmos and techniques to save my life, why is it so different for an LEO not to be up on laws he is enforcing?

It all depends on the mission of each police station and its individual members really..
Alot of local police's mission statement is something like, "gun, badge, go!"

[icp4life162005]

They do have IN CAR internet access though!

[markheck1]

I was thinking more along the lines of the PA Crimes Code.....Shouldn't an Officer be able to look up this code, if he's going to cite you for it? I fully expect an officer to know the law that he is accusing me of breaking....maybe I am unreasonable....I am just a simple country bumpkin....but with the available technology today....an officer should be able to print from their car the applicable section of the pa crimes code...especially if it's something they don;t run into every day....