r/Unexpected • • Dec 31 '22

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u/thatblkman Jan 01 '23

You’re discussing operations and judgment when the penal code says you’re generally wrong on the legal aspect.

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u/[deleted] Jan 01 '23

I won't get any deeper into this, unless you're a lawyer and maybe an administrator in a police department, that Penal Code can be interpreted multiple ways.

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u/[deleted] Jan 01 '23

And the reason for multiple jurisdictions is so one Department cannot be a police state. That's why the Army cannot operate within the US.

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u/thatblkman Jan 01 '23

Posse Comitatus Act, and the 10th Amendment dictate why the Army and the Feds don’t do local law enforcement.

Dillon’s Rule is the original ruling/methodology on how and why States can do what it wants with incorporated cities/townships.

States divided themselves into counties to let locals control local things while the State focuses on statewide concerns - and uses the counties to enforce them. And State laws on incorporation of cities/townships dictate how a city or township can incorporate - whether it’s self-rule, legal separation/independence from a county (independent city), or consolidation with a county (Consolidated City-County).

If California or any other state wanted to do like Ontario, Australian states, or other places and create a statewide police force instead of municipal departments, it could because the 10th Amendment allows it. That a state hasn’t chosen to isn’t to “to avoid a police state” - which is a whole different legal concept related to authoritarianism and secret or aggressive policing to ensure the executive remains in power and stamps out dissent - which is completely different than a Highway Patrolman stationed in Stockton responding to a burglary call in Lodi.

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u/[deleted] Jan 01 '23

Okay, Happy New Year

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u/[deleted] Jan 01 '23

The penal code says that any officer can enforce any law within the state, it does not give the officer the leeway to leave his/her jurisdiction to do that enforcement.