I’m a former law man, a federal agent, and it is not “understandable” nor authorized. The law enforcement agent in our country, regardless of level and jurisdiction, has one common charge: Act under the laws (statutes) that authorize. And, the LEA must *know* such statutes. And, the LEA must be able to state any of such statutes in response to questions.
In several situations, the LEA must -— in advance of exercising action -— state the statutes that apply and may apply.
It is unfortunate, that department leaders are lazy about making sure that the men and women in their charge, *do that.*
We, as federal agents, *must do that.* It is something that you rarely see, as a practice, portrayed in any media. It is something that also way too many judges *now* fail to require of an LEA; but still, when finally in court, there are some good judges who *require* that the LEA properly followed due process.
Due Process includes, *that* < - - you *must,* both properly ID yourself as an LEA and cite the statutes.
The biggest reason that there are bad cops, is because their are bad leaders of them ... and that includes the all too many lazy, and some bad, judges ... who “don’t give a damn.”
The exercise of law enforcement, is about taking *only* authorized actions. “Departmental policy” means *NOTHING* in the face of the statutes; and policies are not substitutes for statutes.
A police department is not a department of government; a police department is a *department* within the common law - it is an arm, an extension, for the local justice of the peace. When you are arrested, it is *the judge* who is arresting you, *thru* the LEA(s).
Getting it right, requires discipline, training, but especially a determination in both the mind and heart of the LEA, to respect the above due process and statutes ... and it is *that* which makes us safe *from* abuse.
Otherwise, there is more and more abuse as the department “leaders” and bad judges make themselves semi-gods and “the law.”
There is no room in any of it, for a thug, a brute, a bully, a screwup who abuses their authority. The worst people on the planet, are the people in whom we authorize to act in our stead, to enforce laws, because we are busy and therefore must hire somebody from among us ... but the hired law man / law woman abuses the powers and authority and our trust in them.
By "understandable", I did not mean justifiable. I simply meant it is understandable why some law men operate outside the boundaries of the law when they see the media cheerleading for criminals who constantly get excused for doing much worse.
In an ideal world, all law men would have an attitude comparable to Tom Selleck on Blue Bloods. Even in today's world, they should strive for that same attitude. I'm just saying that people like you and Selleck's character will be increasingly harder to find, recruit and train given the wanton corruption in the law which is not only tolerated but celebrated by far too many of those entrusted to protect it.