71
votes
Accepted
Is it against the constitution to require restaurants to only serve people with a vaccine certificate in the United States?
NO
Under the US Constitution, a public health authority could even make vaccination mandatory, and this was done in some historical epidemics.
In Jacobson v. Massachusetts, 197 U.S. 11 (1905) the US ...
- 112k
16
votes
How are police powers subject to separation of powers?
I think you're being confused by two separate definitions of "police power." The police power under the 10th Amendment has nothing to do with "the police," i.e. people with guns ...
- 23.4k
7
votes
How are police powers subject to separation of powers?
"Police power" is not the authority to send people out in blue uniforms with badges and guns to enforce the law. The Supreme Court defines it like this:
The police power of a State embraces ...
- 55.8k
6
votes
Can someone be arrested for not being ‘nice’ to police?
Can someone be arrested for not being ‘nice’ to police?
Yes.
The arrest may later be declared unlawful, and the cop could later be disciplined by his boss, but if a cop wants to arrest you now for ...
- 24.4k
5
votes
Who do I contact regarding DA not charging sexual assault offender
A district attorney has discretion to decide whether to prosecute.
A district attorney may be appointed by e.g. a county board of commissioners, or they may be elected. The electorate has the ...
- 206k
4
votes
How much evidence of sexual harassment do the FBI or the police require in order to get a search warrant for the servers of a company?
Warrants are issued upon probable cause
The Supreme Court defined this in 1964 in Beck v. Ohio as:
whether at [the moment of arrest] the facts and circumstances within [an officer's] knowledge and of ...
- 192k
3
votes
Who has the right to authorise a private police force?
FRP is not a private police - they are created by congress.
The Federal Reserve Bank is not just a private organisation: it's also a governmental agency and as such some parts (mainly the Board of ...
- 31.3k
3
votes
Is it generally legally allowed for UK police to lie to people in the regular course of discharging their policing duties?
It seems to not be allowed for a UK police to lie.
The Police and Criminal Evidence Act 1984 makes it illegal for the police to mislead a suspect in order to make them believe that the police have ...
- 53
2
votes
Accepted
Can you refuse to vacate your car when police gives you an order to do so?
If we are talking about an otherwise legal traffic stop, the supreme court has ruled that with reasonable suspicion they can order you out of your car and pat you down for weapons. They will claim it ...
- 1,364
2
votes
Can someone be arrested for not being ‘nice’ to police?
The CAN is yes. A police can arrest you for both lawful and unlawful reasons.
Whether you will be guilty of any charges is a completely separate issue, and that is resolved via the court system.
So ...
- 225
2
votes
How are police powers subject to separation of powers?
This page gives an overview of the essential legal issues regarding separation of powers. The peculiarity of the Capitol Police is that it is apparently "under" the legislative branch and ...
- 206k
2
votes
When is one required to provide one's name and DOB to the police if one wishes to avoid arrest?
United Kingdom
It can sometimes feel as if the average person must follow or carry out every police request when stopped in public. However, this is not always true. Some personal information doesn’t ...
- 4,682
1
vote
Who has the right to authorise a private police force?
Only governments can authorise police
I'm using "police" here in a broad sense to refer to organisations that have policing power within their domain. This includes actual police forces, but ...
- 192k
1
vote
Accepted
When can one's phone be seized to retrieve video evidence taken on its camera?
england-and-wales (although I imagine the rest of the UK is similar in these respects):
The police will prefer direct access to the device to help maintain chain of custody and reduce risk of the ...
- 12.1k
1
vote
What is the reason for the procedure of stop-and-account to be defined and named?
For easier reference, according to Wikipedia:
Stop and account
Stop and account is a standard operating procedure, rather than a power, of the police, under Recommendation 61 (Rec.61); it is not a ...
1
vote
What is the reason for the procedure of stop-and-account to be defined and named?
It does come with at least one power. According to Liberty:
Usually, under ‘stop and account’, the police officer or PCSO doesn’t have the power to force you to stay. You can’t be searched or ...
- 3,003
1
vote
Is it generally legally allowed for UK police to lie to people in the regular course of discharging their policing duties?
See Irina Khasin, Honesty Is the Best Policy: A Case for the Limitation of Deceptive Police Interrogation
Practices in the United States, 42 Vanderbilt Law Review 1029 (2021).
Pages 1031-3
...
- 21
1
vote
Is it against the constitution to require restaurants to only serve people with a vaccine certificate in the United States?
There are plenty of laws that prohibit entry, service of sale to minors (usually under 18 or under 21) for a variety of products, services and venues, including gambling, alcohol, tobacco, drugs, ...
- 816
Only top scored, non community-wiki answers of a minimum length are eligible