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Where does legal authority originate?

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  • Where does legal authority originate?

    Where does the authority for all level of law enforcement, from the security guard to the federal officer, derive their authority?
    Though their numbers are many, as the grass upon the field, we will count them at the end of the day.

  • #2
    From the people.
    A true soldier fights not because he hates what is in front of him, but because he loves what is behind him.

    -GK Chesterton

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    • #3
      From the written law that is either legislated or voted into law by the people. Each level of law enforcment gains it's authority from different sources. Municipil from state, federal and local law. Sheriff from State and federal law but they can enforce local law.
      Federal Officers from Federal Law.

      Security Guards from company policy that must be in line with State Law. This level has no more authority then an average citizen except on the employers property.

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      • #4
        From England we copied most of there laws and the concept of police.
        Big O

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        • #5
          Municipal police in Oregon used to get their authority from the city, but since they formed state standards, they get it from the state. Same with county sheriffs and deputies.

          Obviously feds get theirs from Congress.
          "Life's tough, it's tougher if you're stupid." John Wayne

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          • #6
            North Carolina = State

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            • #7
              In MA, municipal police get their authority from state law.
              Talk sense to a fool, and he will call you foolish - Euripides

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              • #8
                The Constitution of the United States of America.

                http://www.archives.gov/national_arc...stitution.html
                Do your best, do what is right

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                • #9
                  Where does legal authority originate.

                  Our legal authority regardless of jurisdiction flows from the Constitution of the United States,through the Consitution(s) of the several states. Both county and municipal officers derive thier authority from these sources as well. Can a state officer enforce Federal law? In most cases no. Conversely,can a Federal officer enforce state law? Again, the answer is no. Even though the legal authority flows from one basic source,there is a division of powers. As a state officer, I cannot enforce a municipal ordnance,but a city officer can enforce state law within his city limits. There are some variables here, and they occur from state to state. Security guards,in general: A security guard, unless specifically commissioned or authorized, has no more arrest power than that of a private citizen,as that is what they essentially are. More and more, security companies and contractors are un-armed as a result of enormous liability potential.

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                  • #10
                    From where you ask...

                    Where does the authority for all level of law enforcement, from the security guard to the federal officer, derive their authority?
                    Krispy Kreme...

                    JW

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                    • #11
                      Originally posted by kingsman View Post
                      Where does the authority for all level of law enforcement, from the security guard to the federal officer, derive their authority?
                      From "Common Law", "Statutory Law from congress", "Case Law from court orders" and "from Regulations of agencies with regulatory authority"

                      My college degree in Criminal Justice led me to answer this.
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                      • #12
                        Originally posted by FED/guy View Post
                        My college degree in Criminal Justice led me to answer this.
                        Resurrecting a 9 yr old thread to do so...............

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                        • #13
                          I guess they didn't cover the sins of necromancy at his college--epic fail.

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                          • #14
                            Originally posted by just joe View Post
                            I guess they didn't cover the sins of necromancy at his college--epic fail.
                            That is only in the liberal arts schools.
                            Originally posted by FED/guy View Post
                            My college degree in Criminal Justice led me to answer this.
                            And after all the preaching on O.com how useless a CJ degree is outside of law enforcement?!?! I have been proven wrong and will be heading back to campus to get mine so I can resurrect ancient threads.

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                            • #15
                              Is the op a sovereign citizen?
                              Captain Square Badge, reporting for duty!.

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