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jlf1961 -> RE: Marital Law 'Unofficially' Declared in DC (6/13/2008 12:17:12 PM)
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quote:
Martial law is the system of rules that takes effect when the military takes control of the normal administration of justice.
Therefore, a police chief ordering road blocks and check points in a neighborhood that has recently had an escalation of violence does not fall under the definition.
Furthermore, unless the action taken is prohibited by city charter and ordinances, it is well within the legal authority of the chief of police to take such action. It falls under the heading of protecting public safety.
Only if the action can clearly be shown as racially motivated is it unconstitutional. This does not mean that if the neighborhood is predominantly non-white, it is racially motivated.
While the random checks of identification is not illegal, any search of vehicles based on those stops alone would be, there must be probable cause.
What you are discribing is similiar to actions taken in NYC, LA, and other large cities after outbreaks of gang related violence. Increase patrols, establish check points for random stops, and pray that your officers dont become targets.
The American public is under the misguided notion that any activity that increases a police presence in a particular section of a city constitutes police oppression. Good examples of police and law enforcement oppression can be found just by looking over the video records of the Berkley Protests, Kent State, and any of the civil rights marches in the south.
There is no easy way to deal with gang and drug related violence. An officer involved in a shooting with gang bangers will more than likely find himself under invistigation from Internal Affairs and sued by the kids parents.
And please note, these gang members just spray bullets from a moving car, meaning that everyone is a target.
You still want to complain?
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