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 ...
David Siegel's user avatar
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 ...
cpast's user avatar
  • 23.9k
12 votes
Accepted

What provision commonly allows police to enter one’s home following one’s arrest to search for stolen property?

england-and-wales There are several possible ways that search powers can arise, with or without a warrant. If it is a case of "stealing things" then the Theft Act 1968, s.26 lets a justice ...
alexg's user avatar
  • 6,315
11 votes

What provision commonly allows police to enter one’s home following one’s arrest to search for stolen property?

canada A post-arrest search of a home for related evidence would normally be justified by a search warrant as provided by s. 487 of the Criminal Code. For an example, see R. v. Lichtenwald, 2018 SKQB ...
Jen's user avatar
  • 54.7k
7 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 ...
Greendrake's user avatar
  • 27.5k
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 ...
bdb484's user avatar
  • 58.9k
7 votes

When can police arrest you for your own safety?

The Police and Criminal Evidence Act 1984 - Part III - Section 24 states : (4)But the power of summary arrest conferred by subsection (1), (2) or (3) is exercisable only if the constable has ...
Nicolas Formichella's user avatar
6 votes
Accepted

What are the cross-jurisdictional effects of British police powers?

Within the united-kingdom there are england-and-wales, scotland and northern-ireland. Broadly speaking: A police officer from one country can cross a border into another country to execute an arrest ...
Lag's user avatar
  • 16.8k
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 ...
user6726's user avatar
  • 215k
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 ...
Dale M's user avatar
  • 209k
3 votes

Can you be “protectively” arrested to prevent a feared breach of the peace against you?

This is similar to the facts of Redmond-Bate v DPP [1999] EWHC 733 (Admin). The claimant was arrested for breach of the peace, and later convicted of obstructing a police officer. She had been ...
alexg's user avatar
  • 6,315
3 votes
Accepted

When is it legal to infiltrate the existence of a person or group with undercover officers?

england-and-wales The legislative framework for Covert Human Intelligence Sources (CHIS), which includes undercover police officers, is at Surveillance and covert human intelligence sources, Part II ...
Lag's user avatar
  • 16.8k
3 votes

When investigating a bogus report, can police enter a home?

Can the police enter the home? In most jurisdictions, yes. It would be totally contrary to the purpose of having a police force if they had to wait for the owner to show up. Courts will decide after ...
o.m.'s user avatar
  • 17.6k
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 ...
Trish's user avatar
  • 39.3k
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 ...
Daxelarne's user avatar
3 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 ...
Nelson's user avatar
  • 234
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 ...
IKnowNothing's user avatar
  • 2,283
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 ...
user6726's user avatar
  • 215k
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 ...
Neil Meyer's user avatar
  • 4,889
1 vote

What offences invoke the enhanced pre-trial detention period for “terrorism offences“?

Let me allow to point to justice on that: What about terrorism cases? Anyone arrested under section 41 Terrorism Act 2000 is subject to a special regime for pre-charge detention under Schedule 8. ...
Trish's user avatar
  • 39.3k
1 vote

When investigating a bogus report, can police enter a home?

Let's spin a tale and look at the legality of it then: Alice is a sadist, and Bob is a masochist. They are in a consenting relationship. Their neighbor Charly knows nothing about this. He only sees ...
Trish's user avatar
  • 39.3k
1 vote

When investigating a bogus report, can police enter a home?

Many jurisdictions have the concept of emergency or exigent circumstances such that they allow the police to enter premises in scenarios like the one in the question, without having to comply with the ...
Lag's user avatar
  • 16.8k
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 ...
Dale M's user avatar
  • 209k
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 ...
Lag's user avatar
  • 16.8k
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 ...
JosephCorrectEnglishPronouns's user avatar
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 ...
Steve Melnikoff's user avatar

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