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  #1  
Old 05-04-2007, 04:07 PM
greatwolf75 greatwolf75 is offline
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Seperation of powers?

Okay, maybe this has been discussed already and I missed it but here's a question. With the seperation of powers thing, how is it a cop can give an attorney a ticket for something like speeding? I read somewhere before that they couldn't but a couple people told me that they know a cop who did just that. Any input is welcome.
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Old 05-05-2007, 12:19 AM
Notorial dissent Notorial dissent is offline
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What has one thing got to do with the other? And what has this to do with separation of powers?
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Old 05-05-2007, 02:14 AM
dochendrix dochendrix is offline
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Quote:
Originally Posted by greatwolf75
Okay, maybe this has been discussed already and I missed it but here's a question. With the seperation of powers thing, how is it a cop can give an attorney a ticket for something like speeding? I read somewhere before that they couldn't but a couple people told me that they know a cop who did just that. Any input is welcome.

Legally, they can't. Just because its not supposed to happen, doens't mean that it won't.

Good example: murder.

Most lawyer are sub-human peaces of ****. As a matter of fact, if you scrape off the bottom of your shoe, you will probably find you scraped better than the "cream of the crop" lawyers.

Even judges get tickets. Its bs, police over extending their "powers".

If I were a pig, a judge and lawyer would be the last ones I would be messing about with! Go pick on the poor people, the one's you can beat up, steal their property, or kill. (Yes, that is sarcasm!)

Anyway, I'm wondering if there was a conviction on these tickets. Probably not.
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Old 05-05-2007, 02:18 AM
dochendrix dochendrix is offline
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Quote:
Originally Posted by Notorial dissent
What has one thing got to do with the other? And what has this to do with separation of powers?

I beleive that person was asking a question, not stating fact. How is a question an anwser? Just because you don't like the post, doesn't give you a right to try to f it up.
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Old 05-05-2007, 02:56 AM
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Quote:
Originally Posted by greatwolf75
Okay, maybe this has been discussed already and I missed it but here's a question. With the seperation of powers thing, how is it a cop can give an attorney a ticket for something like speeding? I read somewhere before that they couldn't but a couple people told me that they know a cop who did just that. Any input is welcome.

It has to do with one branch enforcing against the other. The error in it goes real deep. An attorney is a member of the state bar. The state bar is the executive arm of the supreme court. He is executive and so is the cop.

My father is an attorney and he has been ticketed.

The real reson a cop can not pull over an attorney is because an attorney is not an employee for the state and therefore must only be punished for crimes. CGC sec 201-204. That is all.
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Old 05-05-2007, 04:04 PM
greatwolf75 greatwolf75 is offline
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Thank you once again for the answers guys. To answer your question doc, I don't know. My friends know the cop who gave the ticket but they never asked more about it. They figure if anyone gets a ticket, then they have to pay. Funny isn't it, they really believe that.
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Old 05-06-2007, 04:03 AM
Notorial dissent Notorial dissent is offline
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Separation of powers means that the functions of government are divided between the legislature which makes the laws, the executive which adminsters the laws, and the judicial branch which is supposed to interpret the laws. In theory it means that the part of government that writes the laws gets to sit in judgement of them or enforce them, and the part that enforces them does not write them or sit in judgement of them.

There is nothing in this that says any of them are exempt from the law or immune to arrest or prosecution. Lawyers, while considered to be officers of the court, are NOT part of the judicial branch, and are no more immune to arrest than a judge or politician is, despite their opinions sometimes.
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Old 05-06-2007, 06:41 AM
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If the FBI can arrest state legislators on corruption charges then anything must be possible, separation of powers or not.

http://www.adn.com/news/politics/fbi/
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Old 05-06-2007, 02:46 PM
Notorial dissent Notorial dissent is offline
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Separation of Powers has to do with government, not people. In the scheme of things the legislature writes the laws, the executive adminsters them, and the judidicary tries them.

In other words, the police-administrative arrest the person who broke the law-legislative, and the courts-judicial try them.

That is separation of powers. It has absolutley nothing to do with being immune from arrest.

Does the phrase All are equal before the law ring any bells here?
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Old 05-06-2007, 07:04 PM
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Quote:
Originally Posted by Notorial dissent

That is separation of powers. It has absolutley nothing to do with being immune from arrest.

Does the phrase All are equal before the law ring any bells here?

It has everything to do with being prosecuted by the executive branch. And no not all are equall under the law. There is case law detailing that the seperation of powers clause exists to protect the individual and not the corporations. Sorry ND you are wring on this one.

Furhter it is not "Police-aministrative" It is "Police-executive" for your argument.
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