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Law Enforcement Officers Need to Remember Discretion
Townhall.com ^ | April 13, 2020 | John Dempsey

Posted on 04/13/2020 7:22:47 AM PDT by Kaslin

Whether law enforcement officers realize it or not, politicians are using them for tyrannical deeds for the COVID-19 pandemic. Across the country, news articles are coming out reporting police officers are being used to enforce edicts of social distancing, mask-wearing, and dispersing “over-sized” groups. Police departments have policies that protect officers if he or she is commanded to take unconstitutional, illegal, or unethical action. Right now, it is time for law enforcement officials to remember those guidelines and how to use officer discretion.

When law enforcement officers swear into a position to enforce laws, part of his or her oath is protecting the Constitution, which is overlooked by the public and sometimes forgotten by the officer. LEO’s are held to the same standard as a military member when he or she vows to “uphold and protect the Constitution of the United States.” When an officer is answering a call where an arrest appears imminent or about to sign a warrant on a suspect, they must ask themselves two things: is there probable cause? Does this violate their Constitutional rights?

Greenville, Mississippi Democratic Mayor Errick Simmons issued an executive order on April 7th banning all church drive-in services until the governor lifts the statewide shelter-in-place.

On April 9th, eight uniformed officers arrived at King James Bible Baptist Church, where a drive-in service was occurring. The members were in their cars with their windows up, maintaining all social distancing guidelines. Officers began threatening to write citations to the parishioners in the amount of $500. Now, the church has filed a lawsuit against the police department through the Alliance Defending Freedom.

The actions of the officers are inexcusable. They did not take into account that the First Amendment allows freedom of religion and peaceful assembly.

We are at a time where we must ask the question: Does the government have more power over the individual during a declared public health emergency, or does the individual have more rights than the government despite the declared exigency via the United States Constitution?

The enforcement of a statewide stay-in-place shelter is odd given that home improvement stores such as Lowes, or Home Depot are jam-packed daily with people, along with liquor stores, none of which are mentioned in the Constitution. However, freedoms discussed first in the Bill of Rights are “dangerous” to the public. The bottom line is, our God-given rights are a danger to the progressive agenda, and the pandemic has become more about government control than safety, despite claims from the left.

In the state of Kentucky, Democratic Governor Andy Beshear has threatened to send police to churches where Easter Sunday services are held to take down license plates for a forced in-home quarantine – completely unconstitutional.

Police chiefs and sheriffs need to think about their oaths and stand up against these politicians, Republican or Democratic, who are calling for these actions that violate citizens’ First Amendment rights.

Police officers have a vital power when they begin working in law enforcement that not many people are aware of – discretion. While some laws require law enforcement to take action such as domestic violence, murder, armed robbery, many times, officers can choose not to charge an individual or write them a ticket criminally. Times like now would be a great time to exercise discretion.

This is not law enforcement – it is being an oppressive government. I am not undermining the seriousness of COVID-19. It is dangerous, but the data that is coming out shows the virus on the same wavelength as the flu. Officers are not recording license plate numbers at churches and fining citizens every flu season, so why this?

Right now, we see the government our Founding Fathers warned us. For those with little to no knowledge of American history, you are getting a modern-day lesson from a first-hand perspective of a tyrannical government.

The police are not required to protect citizens. Yes, you read that right. There is not a Constitutional requirement for police officers to give protection, according to the Supreme Court in the 1989 landmark case of Deshaney v. Winnebago County Department of Social Services. The court ruled that failure to protect by government workers have no affirmative duty to protect. Officers should not enforce decrees that are clearly against the First Amendment.

Why are police officers being told to enforce these edicts? They are being used in a game of politics under the guise of public health. Heads of law enforcement agencies need to make this stop by telling their officers to be wise and use discretion on calls that involve criminal charges or citations revolving around the COVID-19 emergency declaration.

These are the times that law enforcement needs to reflect on their oath of protecting the Constitution and know they are the patriots for American’s rights, liberties, and freedoms.

Officer discretion should be used to ensure the constitutional rights of the citizens are protected – not the wants of a politician.


TOPICS: Constitution/Conservatism; Culture/Society; Editorial; News/Current Events
KEYWORDS: constitutionalleo; coronavirus; donutwatch; firstamendment; hysteria; police; policestate; shutdown
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1 posted on 04/13/2020 7:22:47 AM PDT by Kaslin
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To: Kaslin
Key point:

When law enforcement officers swear into a position to enforce laws, part of his or her oath is protecting the Constitution, which is overlooked by the public and sometimes forgotten by the officer. LEO’s are held to the same standard as a military member when he or she vows to “uphold and protect the Constitution of the United States.” When an officer is answering a call where an arrest appears imminent or about to sign a warrant on a suspect, they must ask themselves two things: is there probable cause? Does this violate their Constitutional rights?

2 posted on 04/13/2020 7:25:14 AM PDT by Magnum44 (My comprehensive terrorism plan: Hunt them down and kill them.)
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To: Kaslin

Remember your Oath.


3 posted on 04/13/2020 7:26:40 AM PDT by Howie66 ("...Against All Enemies, Foreign and Democrat.....")
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To: Kaslin
Discretion ? ?

Try abiding by The Constitution ! !

4 posted on 04/13/2020 7:27:43 AM PDT by tomkat
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To: Kaslin
"Whether law enforcement officers realize it or not,"

They realize it - and they like it. They like it a lot.

5 posted on 04/13/2020 7:32:42 AM PDT by Psalm 73
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To: Kaslin

I have long said that I only ask three things of law enforcement,

1. Uphold the Constitution you swore to uphold.
2. Obey the laws you enforce.
3. Don’t be a dick.


6 posted on 04/13/2020 7:37:23 AM PDT by MeganC (There is nothing feminine about feminism.)
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To: Kaslin

“This is not law enforcement – it is being an oppressive government.”

So what’s new? The oath they take is as useless as democrat politicians taking an oath. Not all cops of course. Used to be that police departments sought out squared away military veterans whose minds were right and were died in the wool patriots. Not so much anymore...they want robots. Sure, there are still some old school types around but they are retiring as fast as they can. Being police now is an awful job.


7 posted on 04/13/2020 7:40:43 AM PDT by Bonemaker (invictus maneo)
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To: Kaslin

Covid is contagious and dangerous but it is not wide-spread. The % of daily increases in cases is shrinking.


8 posted on 04/13/2020 7:47:35 AM PDT by AppyPappy (How many fingers am I holding up, Winston?)
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To: Kaslin
We are at a time where we must ask the question: Does the government have more power over the individual during a declared public health emergency, or does the individual have more rights than the government despite the declared exigency via the United States Constitution?

This is the basic question that the supporters/enablers of this farce ignore. Whether they do so out of fear of the virus, or intentionally, is another question, though neither are valid justifications for trampling everyone's rights.

9 posted on 04/13/2020 7:49:28 AM PDT by Sicon ("All animals are equal, but some animals are more equal than others." - G. Orwell)
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To: Kaslin

Hopefully, police will remember that they are respected because the vast majority have morals and scruples. The minute they start obeying Dimbulbcrats, they thereby relinquish both morals and scruples and they will start having the respect that we give our congress critters and our vile media.


10 posted on 04/13/2020 7:50:12 AM PDT by Da Coyote
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To: AppyPappy
Covid is contagious and dangerous...

...for those with advanced years, and for those with underlying conditions primarily brought on by cigarette abuse and/or obesity.

11 posted on 04/13/2020 7:53:54 AM PDT by lightman (I am a binary Trinitarian. Deal with it!)
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To: Kaslin; All
I used to believe that when the rubber finally met the road. When the chickens came home to roost. When push came to shove that our police would refuse unconstitutional orders.
They would refuse to interfere with our right to free exercise of religion.
They would not stop us from freely assembling.
They would recognize our right to keep and bare arms.

I no longer believe that.

12 posted on 04/13/2020 7:54:19 AM PDT by Politically Correct
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To: Kaslin

In any case, lawyers are probably lining up. They will be filing cases for years after the pandemic is over.


13 posted on 04/13/2020 7:56:04 AM PDT by proxy_user
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To: Kaslin

Part of the problem is that cops are bored and they’re itching to do SOMEthing to justify their paycheck. Generally speaking, Americans are so well-behaved, cops have nothing to do for most of their shift.


14 posted on 04/13/2020 7:56:43 AM PDT by Texas Eagle (If it wasn't for double-standards, Liberals would have no standards at all -- Texas Eagle)
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To: Magnum44

One of those officers went so far as to tell a pastor that his “rights have been suspended.” I’m really afraid that if an cop told me that, he’d have a really, really bad day...


15 posted on 04/13/2020 8:00:41 AM PDT by ManHunter (You can run, but you'll only die tired... Army snipers: Reach out and touch someone)
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To: Kaslin

LOTS of lawsuits on the way and the first line of defense will be “We were only following orders.” Kind of ironic given the pretty recent “Back the Blue,” “Blue Lives Matter” movement, isn’t it...

I’m back to my old adage of, “I carry a gun because cops are too heavy.”


16 posted on 04/13/2020 8:11:43 AM PDT by ManHunter (You can run, but you'll only die tired... Army snipers: Reach out and touch someone)
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To: ManHunter

As one of my attorneys and a friend said last week, “Lots of lawsuits for violations of civil rights and lots of attorneys stand to make a lot of money. So, officer, you unilaterally suspended the constitutional rights of my client, the plaintiff in this lawsuit...?”


17 posted on 04/13/2020 8:15:24 AM PDT by ManHunter (You can run, but you'll only die tired... Army snipers: Reach out and touch someone)
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To: ManHunter
Lots of lawsuits for violations of civil rights

Good, deservedly. Cuomo is telling private boat clubs they can't put boats in the water??

18 posted on 04/13/2020 8:18:24 AM PDT by 1Old Pro
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To: Kaslin

Some people like being bossy.
On a radio show today Armstrong and Getty they described people out golfing and having people filming them even though it was ok for them to be on the course in that state.
Think of these people like those that sit on HOA boards or in commie countries as block wardens informing on their relatives and neighbors.


19 posted on 04/13/2020 8:25:26 AM PDT by minnesota_bound (homeless guy. He just has more money....He the master will plant more cotton for the democrat party)
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To: Texas Eagle

The donut shops are closed. That explains everything.


20 posted on 04/13/2020 8:26:40 AM PDT by P-Marlowe (Freep mail me if you want to be on my Fingerstyle Acoustic Guitar Ping List)
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