Police Officer Research Paper

Searches are to protect the officer

First affirmative constructive:

Resolved: The United States federal government should substantially decrease its authority to detain without charge or to search without probable cause

Starting with definitions first is Federal Government “an organization established by the US constitution to make and enforce the laws for the US”.

We would like to draw a distinction between the government authorities ( such as police officers, DEA, FBI etc) and u.s armed forces, The distinction from the military is important, especially because the military may be an enforcement arm of the government. but under posse comitatus active military personnel cannot be used to “execute the laws” except where explicitly authorized by Constitution or Congress (for examples cases of martial law).
(Making this distinction narrows the scope of the resolution a bit since posse comitatus has been law since Civil War reconstruction.

The second term we would like too define is
“should” - used in auxiliary function (personal property, desirable property) to express obligation, propriety, or expedience.

The third term we would like to define is authority - “ a governmental agency or corporation to administer a revenue producing public enterprise. Or, power to influence or command thought, opinion, or behavior.
Specifically, consider where federal authority comes from, what limits exist on that authority and who sets as well as enforces those limits. Authority is vested in the legitimized use of force. When you come down to it, a policeman’s authority is vested in the potential for legitimate use of force as well. The phrase “stop or I’ll shoot” is a great example. If you don’t stop, I’m authorized to shoot you, hence the authority. Now consider this, what authority figure wants less authority? Have your parents ever said, “you know what, I don’t want authority, let’s just do whatever you think we should do, I’ll follow your directions for a while” For example the definition “the power or right to give orders or make decisions” is something very difficult to remove. If you have the power to remove that authority don’t you also have the power to grant that authority back? What then is the effect of that removal in the first place? At that point it comes down to an issue of enforcement, not of authority. Alternatively, you can take a definition like “official permission or approval” and that sort of decrease is relatively easy to accomplish.

Decrease - to reduce or lessen authority, influence, or power

Detain - to restrain, prohibit from proceeding

Probable cause - the standard by which an officer or an agent of the law has the grounds to make an arrest, to conduct a personal or property search or to obtain warrant for arrest when criminal charges are being considered.

Search - to look into carefully, to find or discover something.
The problem with states quo is that it stacks authority in the governments favor, Giving them the ability to justify searches whether or not they have probable cause or justifiable means to conduct those searches. This is our plan to solve the authority imbalance with the status quo

1. The exterior of your house has the same legal protection as the inside of your house, both are private property this must be recognized by all local and federal courts of justice and cannot be disputed. Congress

Sub A) The exterior of a private domain is not under the same legal implications as someone with possession of drugs or weapons on public or government property.

2. An officer cannot search for drugs at a traffic otherwise legal checkpoint unless probable suspicion of intoxication is evident.

Sub A) sobriety test must be failed for officers to ensue a following search on the subjects vehicle or private
property.

3. Government should not be able to define their own restrictions and legal actions of authority on the subject, They cannot dictate the rules they play by then dismiss these rules when they get in the way of something they want to accomplish. A committee will be appointed too fairly distinguish where governments authority truly ends and where citizens rights begin to be infringed upon. A committee will be appointed in every state, representatives will be elected by votes. the state, and citizens will both have an equal amount of votes