Posted on 03/20/2015 8:35:38 PM PDT by Rebelbase
Video has emerged showing a Newaygo County Sheriff deputy admitting his department breaks federal and state laws.
Each Newaygo County Board of Commissioners meeting is recorded as a matter of record. The videos of the commissioners meetings are public domain.
In the video, recorded in January, the Newaygo deputy knowingly admits to breaking federal and state laws that prohibit quota policies in police departments. Not only does he admit to breaking the law, but after he does so, the entire board of commissioners votes to enact his measure of breaking the law.
According to the Michigan Vehicle Code, it is against the law to enact a quota system. Michigan Vehicle Code, MCL 257.750 lays out the legality of ticket quotas quite clearly:
(1) A police officer shall not be required to issue a predetermined or specified number of citations for violations of this act or of local ordinances substantially corresponding to provisions of this act, including parking or standing violations. A police officers performance evaluation system shall not require a predetermined or specified number of citations to be issued.
The deputy starts out his proposed measure by stating that he knows he breaks the law, but he doesnt care.
Im a numbers guy so I know youre not allowed to do it by federal law and by state law. But I do put stipulations on the numbers I want to see by the end of their shift, says the deputy.
In short, if the officers dont collect a certain amount of revenue for the state, they are then punished by not being able to work overtime, a de facto violation of the above code.
Read more at http://www.liveleak.com/view?i=ffa_1426805138#d0hu9QuftxsoWwgc.99
Im a numbers guy so I know youre not allowed to do it by federal law and by state law. But I do put stipulations on the numbers I want to see by the end of their shift, says the deputy."
Video at link in article.
/johnny
hes a numbers guy? I wonder if he thinks he can count..on being exempt from prosecution?
An isolated case.....
Ohh he’ll be punished in house. One month payed suspension.
Now that this cat is out of the bag you know the officers who were denied overtime are lawyering up.
a NYS Trooper told me his quota is 31 moving violations a month, since they don't work 31 days a month, you know what happens near the end of the month if they don't already have 31... or at the beginning so there's no rush at the end of the month
breaking federal and state laws that prohibit quota policies in police departments."
FR: Never Accept the Premise of Your Opponents Argument
Everybody who is concerned about breaking a federal law needs to get themselves familiar with the federal governments constitutional Article I, Section 8-limited powers. Simply put, if you cannot find a clause in Section 8 which reasonably connects with the law then the law is probably unconstitutional.
In fact, regardless that federal Democrats, RINOs, activist judges and indoctrinated attorneys will argue that if the Constitution doesnt say that the feds cannot do something then they can do it, note that the Supreme Court has condemned that foolish idea. More specifically, the Supreme Court has clarified in broad terms that powers not expressly delegated to the feds via the Constitution, the specific power to prohibit ticket quota policies in intrastate police departments in this case, are prohibited to the feds.
From the accepted doctrine that the United States is a government of delegated powers, it follows that those not expressly granted, or reasonably to be implied from such as are conferred, are reserved to the states, or to the people. To forestall any suggestion to the contrary, the Tenth Amendment was adopted. The same proposition, otherwise stated, is that powers not granted are prohibited [emphasis added]. United States v. Butler, 1936.
And I can tell you that federal laws prohibiting quota policies in intrastate police departments cannot be justified under Section 8.
H O W E V E R
Please bear in mind that if you break a federal law that you think cannot be justified under Section 8, it is probably going to be a long, rough road to prove that the law is unconstitutional. One reason for this is that your legal counsel may not know what Section 8 is.
Also dont forget that if you simultaneously break a state quota law then theyve gotcha, such laws based on 10th Amendment-protected state powers.
It's for housing!
[/sarc]
For the Michigan Ping list.
Disagree with the guy, but there's always another potential facet of every story. There are 3 sides to every story - that of one side, that of the other side, and the truth.
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