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Topic: Police power


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In the News (Sun 27 Dec 09)

  
 Police power - Wikipedia, the free encyclopedia
Police power is the power of a state to make laws and to use physical violence in order to coerce its subjects into obeying those laws.
Under the 10th Amendment to the United States Constitution, the powers prohibited from or not delegated to the Federal Government are reserved to the states respectively, or to the people.
Police powers are, from the point of view of state courts, also restricted by state constitutions.
en.wikipedia.org /wiki/Police_power   (577 words)

  
 CITES BY TOPIC: police power
The police power is subject to limitations of the federal and State constitutions, and especially to the requirement of due process.
Police power is the exercise of the sovereign right of a government to promote order, safety, security, health, morals and general welfare within constitutional limits and is an essential attribute of government.
Because the police power is the least limitable of the exercises of government, such limitations as are applicable are not readily definable.
famguardian.org /TaxFreedom/CitesByTopic/PolicePower.htm   (2883 words)

  
 Impact Of Police-Perpetrated Domestic Violence - FBI
Police are discouraged by the number of cases in which the victim drops criminal charges.
Police know which situations justify the use of force and how to adequately explain it should they have to defend their actions in a court of law.
Police abusers differ from civilian abusers only in that they have the advantages of their training, their badge, their gun, and the weight of their tight-knit culture behind them.
www.abuseofpower.info /Article_FBI.htm   (3608 words)

  
 The Police Power: Patriarchy and the Foundations of American Government.
This power came to be referred to as “police power.” The need for broad discretion in carrying out this power resulted in the general principle that if a challenged exercise of power was found to fall within the police power, the exercise of power was legal and proper.
While Dubber’s discussion of police power may not provide a convincing case for the existence of such statutes (something that was not his intent anyway), it does provide an historical explanation for their existence.
Dubber attributes the Supreme Court’s reluctance to examine the permissible scope of the police power to the unhappy fate of its decision in LOCHNER v.
www.bsos.umd.edu /gvpt/lpbr/subpages/reviews/dubber505.htm   (1889 words)

  
 THE EVOLVING POLICE POWER: SOME OBSERVATIONS FOR A NEW CENTURY, David Kopel, Glenn Reynolds (via CobWeb/3.1 ...   (Site not responding. Last check: 2007-10-09)
This police power of the State extends to the protection of the lives, limbs, health, comfort and quiet of all persons, and the protection of all property within the State.
The maxim of this power is that every individual must submit to such restraints in the exercise of his liberty or of his rights of property as may be required to remove or reduce the danger of the abuse of these rights on the part of those who are unskillful, careless, or unscrupulous.
While more and more courts are taking their duty to police the boundaries of the police power seriously, the fear of being charged with "judicial activism" may steer some courts toward a narrow, positivistic interpretation of rights against government (though seldom toward such a narrow interpretation of government powers).
davekopel.com.cob-web.org:8888 /CJ/LawRev/EvolvingPolicePower.htm   (9034 words)

  
 POLICE POWER AND THE PUBLIC TRUST: PRESCRIPTIVE ZONING THROUGH THE CONFLATION OF TWO ANCIENT DOCTRINES
A combination of the police power, infused with the Public Trust, and a candid comprehensive plan, could allow localities to adopt zoning ordinances that preserve and promote the unique set of intangibles that attract people to a community in the first place.
The police power evolved in response to increased societal concern.
The sovereign power itself, therefore, cannot consistently with the principles of the law of nature and the constitution of a well ordered society, make a direct and absolute grant of the waters of the state divesting all the citizens of their common right.
www.bc.edu /bc_org/avp/law/lwsch/journals/bcealr/28_4/11_TXT.htm   (8079 words)

  
 Law and Our Rights   (Site not responding. Last check: 2007-10-09)
Abuse of power by the police under section 54 of the Cr.PC and the Special Powers Act 1974 have been identified by different human rights watchdog agencies as the main sources of human rights violation in the country.
A police officer makes a prayer for 'remand' stating that the accused is involved in a cognisable offence and for the purpose of interrogation 'remand' is necessary.
Police officers being motivated or dictated by the executive organ or out of their personal conflict seek unreasonable remand under section 167 of the Code.
www.thedailystar.net /law/2005/07/04/vision.htm   (1453 words)

  
 John Taft -- Oregon County: Testing Ground for Police State Power
The heavy boot of unbridled police power was felt by a select group of law abiding residents of Josephine County (JoCo) on June 3, 4, and 5 of 2005.
Totalitarian police power in the name of public safety was used to intimidate and harass local residents whose choice was to ride their motorcycles during these three days.
This type of police power is unacceptable in Josephine County and Sheriff Dave Daniel was instrumental in the alleged violation of civil liberties during this public relations disaster.
www.newswithviews.com /Taft/john19.htm   (2054 words)

  
 SSRN-The Police Power and the Takings Clause by Benjamin Barros
Part I concludes that the police power, as a concept of American constitutional law, is synonymous with the entirety of the sovereign power of the states that remained after the constitutional grant of limited powers to the federal government.
Placing the holding in Mahon in the context of Holmes's prior writings on the police power and his substantive due process dissents shows that Holmes understood the broad scope of the police power while at the same time rejected the formalistic rule that exercises of the police power could never be takings.
Most significantly, recognition that the broad scope of the police power is not tied to the prevention of harm helps demonstrate that the character of the government act in question should have no place in the regulatory takings inquiry, and that its central role in contemporary regulatory takings cases is misplaced.
papers.ssrn.com /sol3/papers.cfm?abstract_id=742712   (798 words)

  
 The police power - Dec. 06, 2003
The police power is one of the inherent powers of the State, the others being the power of eminent domain and the power of taxation.
The person's conduct and acquisitions are subject to the demands of the police power in the discharge of its task of regulating liberty and property for the common good.
The police power is dynamic, not static, and must move with the moving society it is supposed to govern.
www.inq7.net /opi/2003/dec/06/opi_iacruz-1.htm   (761 words)

  
 '+' (via CobWeb/3.1 planet03.csc.ncsu.edu)   (Site not responding. Last check: 2007-10-09)
Police powers are governed by the Police and Criminal Evidence Act plus the five codes of practice issued thereunder.
Police powers are governed in the main by the
The police may enter and search premises where a suspect was at the time, or immediately before the arrest, if they have reasonable suspicion that they will find evidence relating to the offence (In v.
members.lycos.co.uk.cob-web.org:8888 /lawnet/POLICE.HTM   (4049 words)

  
 BBC NEWS | UK | Row over 'police' power for CSOs
The powers - piloted in six areas - were extended to all police forces in England and Wales on Thursday.
Police Federation chairman Jan Berry said civilian officers should act as "eyes and ears" for the police.
She denied their role was changing and said the new powers would not take them away from the streets.
news.bbc.co.uk /2/hi/uk_news/4119011.stm   (554 words)

  
 [No title]
Generally, the police power of the state extends to enacting laws designed to protect the health, safety and welfare of the people.
The police power is the basis for a wide variety of laws.
This is an unlawful exercise of the police power."
freedompage.home.mindspring.com /Policepowers.htm   (1323 words)

  
 Abuse of Power and Police Brutality Lawyers
Police officers have an almost incomparable level of power in the community.
This power is a responsibility and commands both the respect of civilians and judicious practices of police.
In most cases police officers use their power as they are required to, but some officers of the law abuse their power.
www.sddefenselawyers.com /policebrutality/abuseofpower.html   (187 words)

  
 UB Reporter: Workshop renews debate on police power
One of the chief organizers of the workshop is Markus Dubber, professor of law and director of the Buffalo Criminal Law Center in the UB Law School.
When it comes to property laws, for example, "police power" doesn't refer to men and women in uniform, but is used instead to authorize restrictions on private businesses, such as zoning requirements, Dubber says.
Academic interest in the term "police" is common in Europe, but hadn't caught on in the United States until recently.
www.buffalo.edu /reporter/vol37/vol37n35/articles/PolicePower.html   (518 words)

  
 Police power Milwaukee Journal Sentinel, The - Find Articles   (Site not responding. Last check: 2007-10-09)
When a police car passed her truck, Atwater said later, she knew she was going to get a ticket for failing to buckle the youngsters' seat belts.
What she didn't expect was that the police would handcuff her in front of the children and search her vehicle.
The 4th Circuit Court of Appeals upheld the practice, ruling that the health problems caused by maternal drug use outweighed the intrusion suffered by the women whose urine was tested for drugs without their consent.
www.findarticles.com /p/articles/mi_qn4196/is_20001001/ai_n10651359   (764 words)

  
 BBC NEWS | England | Gloucestershire | Police 'abused power' during demo
But the court did back the police's contention that they were entitled - and obliged - to take preventative action as they "reasonably and honestly" believed that breaches of the peace would have occurred if the coaches reached Fairford.
In its judgement, the court also said there "...may be circumstances in which individual discrimination amongst a large numbers of uncooperative people may be impractical" and that this was such a case.
A statement by Gloucestershire Police read: "The court has made it clear that the operational commander on the ground was lawfully entitled to turn those coaches away.
news.bbc.co.uk /1/hi/england/gloucestershire/3502199.stm   (613 words)

  
 Mechanical Engineering Power
The New York Power Authority, which supplies electricity to public places in New York's five boroughs and nearby Westchester County, faced a number of obstacles on its way to revamping the power supply at the 128-year-old station.
For supplying power where infrastructure is old, though, or lacking altogether, where system reliability is especially important, or where a high-quality electrical source is needed, the fuel cell is a contender, said Onsi marketing manager John Trocciola.
The police station project is one of a hundred similar fuel cell projects whose expenses the DOE has partly borne.
www.memagazine.org /supparch/mepower00/police/police.html   (1461 words)

  
 Police Power Inverter Inverters
Police departments across the country have purchased power inverters for uses in their Police cars or cruisers from 4lots.com.
Our power inverter inverters have supplied countless hours of reliable power for the hard working police officers.
The main 2 lines we sell to police departments are the Prowatt Line and the Portawattz line of power inverters inverter.
www.4lots.com /power_inverter/police.htm   (86 words)

  
 The Police Power; Patriarchy and the Foundations of American Government; Markus Dirk Dubber
It combines a grasp of historical detail with a sustained critical engagement with the significance of the police power to legal and political thought and institutions.
He argues that the defining characteristics of this power, including the inability to accurately define it, reflect its origins in the discretionary and virtually limitless patriarchal power of the householder over his household.
The paradox of patriarchal police power as the most troubling yet least scrutinized of governmental powers can begin to be resolved by subjecting this branch of government to the critical analysis it merits.
www.columbia.edu /cu/cup/catalog/data/023113/0231132069.HTM   (663 words)

  
 POLICE POWER   (Site not responding. Last check: 2007-10-09)
Under state law, Portland police officers should have no connection to these policies, powers, and investigative techniques, but as members of the JTTF, they do because the deputized police officers are under the direction of the FBI officers.
In the early '90s, it was revealed that the Portland Police Bureau had maintained investigative files on liberal groups such as the Oregon ACLU and shared them with the Anti-Defamation League of B'nai B'rith, which regards left wing and anti-apartheid groups as enemies of Israel.
With the power that has been given to the Regional Terrorist Task Forces, and the scrapping of many checks and balances on that power, what was left of peoples' rights and access to recourse has been tossed out the window.
home.comcast.net /~sittingbythepool/POLICEPOWER.html   (1653 words)

  
 FBI warns of possible threat to power plants in New York and Conn. - Law Enforcement News
Stamford police are watching four Connecticut Light and Power Co. substations more closely since learning of the threat this week, according to five officers who wished to remain anonymous because of the sensitive nature of the information.
An attached police department memo reported the threats May 13 and stated that high-ranking officers should read the FBI memo to patrol officers at lineup June 13.
Police and power company officials have paid more attention to electric power plants since August 2003, when a malfunction at Midwestern power grids caused a flout across eight states, including Connecticut, and much of Canada.
www.policeone.com /news_internal.asp?view=114089   (686 words)

  
 Cato Handbook for Congress: The Expanding Federal Police Power   (Site not responding. Last check: 2007-10-09)
Lopez, the Supreme Court reminded Congress that the interstate commerce clause is not a grant of general police powers and that "states possess primary authority for defining and enforcing the criminal law.'' Even after the Lopez decision, though, the huge infrastructure of federal criminal law remains in place.
The trend toward centralization of criminal justice authority in Washington is a trend toward a de facto national police force, an entity of unparalleled danger to civil liberty.
The deputy police chief in charge of the practice assault accurately explained that such drills are routinely performed by police agencies in conjunction with the U.S. Army and other federal agencies.
www.worldnewsstand.net /gov/police_state.htm   (2419 words)

  
 Police Power
By virtue of its police power the state shall be vested with the control of navigable lakes which have been meandered...
Under this State's police power, the legislature may "impose such restrictions upon private rights as are practically necessary for the general welfare of all." State v.
As the Michigan Supreme Court stated in construing that State's right to bear arms, "regardless of the basis of the right to bear arms, the State, nevertheless, has the police power to reasonably regulate it." People v.
www.ndsu.nodak.edu /instruct/swandal/AGEC375f/Concepts/police.htm   (365 words)

  
 Supreme Court gives police more power | csmonitor.com (via CobWeb/3.1 planet03.csc.ncsu.edu)   (Site not responding. Last check: 2007-10-09)
In a boost to aggressive police tactics and a setback to the privacy rights of business and home owners, the US Supreme Court has rejected the legal principle that evidence obtained in violation of the so-called knock-and-announce rule must be excluded from use at a trial.
The process created an incentive for police officers to not only know the law, but to scrupulously follow it while carrying out their criminal investigations.
Police rushed into the house and saw Hudson seated in a chair in the living room.
www.csmonitor.com.cob-web.org:8888 /2006/0616/p02s02-usju.html   (806 words)

  
 Legal Service: Police power
Legislation entitles police to demand your name and address if they believe that you have committed or are about to commit an offence or are capable of assisting them in their investigation of an indictable offence.
The police cannot force you to produce any information to validate the information you provide them about the details above, unless you are driving a car in which case the police can request to see your driver's license or any other information you may have on you.
If the police believe that you may be carrying illegal drugs, stolen goods, firearms or prescribed weapons they can search you, your car and anything you are carrying.
www.union.unimelb.edu.au /legal/police.html   (498 words)

  
 Victoria Police - Extra boats give police port power   (Site not responding. Last check: 2007-10-09)
The Water Police’s capacity to patrol the state’s waterways has been given a boost with the addition of four designated port security boats and two rigid hull inflatable boats to its flotilla.
They travel at about 35 knots and have police markings and a radio, as well as a side scan sonar - a computerised device enabling police to map the port and view under water.
The expanded fleet would mean an increased police presence on the state’s waterways, as well as greater counter-terrorism capabilities and better response times to port security incidents, he said.
www.police.vic.gov.au /content.asp?document_id=5060   (358 words)

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