Relay-Version: version B 2.10 5/3/83; site utzoo.UUCP Posting-Version: version B 2.10.2 9/5/84; site spp2.UUCP Path: utzoo!watmath!clyde!burl!ulysses!allegra!mit-eddie!genrad!decvax!ittvax!dcdwest!sdcsvax!sdcrdcf!trwrb!trwspp!spp2!jhull From: jhull@spp2.UUCP Newsgroups: net.flame Subject: Re: Violation of civil rights by local police Message-ID: <262@spp2.UUCP> Date: Tue, 20-Nov-84 15:01:50 EST Article-I.D.: spp2.262 Posted: Tue Nov 20 15:01:50 1984 Date-Received: Thu, 22-Nov-84 06:39:50 EST References: <626@sjuvax.UUCP> Reply-To: jhull@spp2.UUCP (Jeff Hull) Distribution: net Organization: TRW, Redondo Beach CA Lines: 35 Summary: In article <626@sjuvax.UUCP> 6912ar04@sjuvax.UUCP (rowley) writes: > > Can someone tell me why local police can get away with stopping innocent >pedestrians approx. 300 feet from a recent bust and insist on searching them, >when only selected people are searched? Doesn't that come under "illegal search >and/or seizure"?? > > A. J. Rowley When I was in grad school, I took some law school courses. One introductory course included a discussion about what the law really is. Briefly, 1. When you are on the scene, the law is whatever the [policeman, sherrif, etc] says it is, i.e., DON'T ARGUE WITH HIM. 2. When you are in a courtroom, the law is whatever the presiding officer says it is, i.e., you (not really you, but your attorney) can discuss it, but DON'T ARGUE WITH HIM. Our system provides for review of decisions (by the court of those decisions made by a police officer on the scene, by successively higher courts of decisions made by lower courts) but the key point is, the statutes provided by [Congress, state legislature, city council] are merely starting points for interpretation of what the law really is. This may be hard to believe, but look at the review function of the Supreme Court. -- Blessed Be, jhull@spp2.UUCP Jeff Hull trwspp!spp2!jhull@trwrb.UUCP 13817 Yukon Ave. Hawthorne, CA 90250