From: Jim Choate <ravage@ssz.com>
Date: Fri, 23 Jan 1998 10:48:45 +0800
To: cypherpunks@ssz.com (Cypherpunks Distributed Remailer)
Subject: Re: On the LAM--Local Area Mixes (fwd)
Message-ID: <199801230244.UAA11653@einstein.ssz.com>
MIME-Version: 1.0
Content-Type: text



Forwarded message:

> Date: Thu, 22 Jan 1998 21:29:55 -0500 (EST)
> From: Ryan Anderson <ryan@michonline.com>
> Subject: Re: On the LAM--Local Area Mixes (fwd)

> On Thu, 22 Jan 1998, Jim Choate wrote:
> 
> > Are police considered an extension of the judicial or the executive arm of
> > the government?
> 
> In theory, executive.  (That way legislative writes laws, executive
> decides if they want to enforce them, judicial decides if they're legal or
> not.. )  In theory, of course..

First, I knew the answer, I was looking for a lead-in...thanks.

Then how, Constitutionaly speaking, do they have get the responsbility to
search when it is clearly a judicial responsibility (that is where it is
in the Constitution) and in cases such as Evans -v- Gore the Supreme Court
has found that the judicial body can't transfer or relinquish it's
responsibilities even if it *wants* to?

I suspect that, again Constitutionaly speaking, the only system that would
pass strict muster would be something similar to the Dutch which prohibit
the police from executing a search until *after* review by a legislative
representative.

This is a rhetorical question, I don't expect you or anyone else to
respond to it. Just think about it...


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