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tlake
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Joined: 22 Aug 2004
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tlake
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 Mon Jan 30, 2017 7:35 pm |
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If it passes this is what going to happen. States get Block Grants from the Fed's for the LEO's. After some period of time the Block Grants stop and the States get stuck with the bill for the LEO's.
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Seventy2002
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| Token Civilian wrote: | | At least in the State of Washington, as I understand it ... LEO's are commissioned by the State, not by their local jurisdiction, so their commission is state wide. |
Not quite. The power of of " a general authority Washington peace officer" is set by RCW 10.93.070.
Officers are commissioned by the governmental unit that employs them. Only state law enforcement officers have automatic statewide jurisdiction. Officers outside the jurisdiction that commissioned them "may enforce the traffic or criminal laws of this state throughout the territorial bounds of this state, under the following enumerated circumstances:
(1) Upon the prior written consent of the sheriff or chief of police in whose primary territorial jurisdiction the exercise of the powers occurs;
(2) In response to an emergency involving an immediate threat to human life or property;
(3) In response to a request for assistance pursuant to a mutual law enforcement assistance agreement with the agency of primary territorial jurisdiction or in response to the request of a peace officer with enforcement authority;
(4) When the officer is transporting a prisoner;
(5) When the officer is executing an arrest warrant or search warrant; or
(6) When the officer is in fresh pursuit, as defined in RCW 10.93.120."
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Ringangleclaw
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| Seventy2002 wrote: | | At least in the State of Washington, as I understand it ... LEO's are commissioned by the State, not by their local jurisdiction, so their commission is state wide. |
Not quite. The power of of " a general authority Washington peace officer" is set by RCW 10.93.070.
Officers are commissioned by the governmental unit that employs them. Only state law enforcement officers have automatic statewide jurisdiction. Officers outside the jurisdiction that commissioned them "may enforce the traffic or criminal laws of this state throughout the territorial bounds of this state, under the following enumerated circumstances:
(1) Upon the prior written consent of the sheriff or chief of police in whose primary territorial jurisdiction the exercise of the powers occurs;[/quote]
Yes, and one of the the most particular areas is the King County Sherriff, from what I understand
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Ringangleclaw
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| Token Civilian wrote: | | Block grants to the States = Fed Government contracting out the job to State / Local, so no "commandeering". |
Block grants pass the Commandering Doctrine because the county (or whatever) choses to do it. Why Trump's attack on the so-called sanctuary cities may fail the commandering test is because they (the cities) are being "commanded" to enforce federal law.
I think when the SnoCoSD patrols the MLH, they are going to enforce state and county laws such as speeding, DUI, theft and the like. They are not reaching into the legal quiver of the USC.
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Ringangleclaw
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| Stefan wrote: | | I understood about rescues--that falls under the responsibility of the county regardless if it is federal land--been there...done that. |
Except in Mount Rainier and Olympic National Parks, and salt water.
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treeswarper
Alleged Sockpuppet!
Joined: 25 Dec 2006
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treeswarper
Alleged Sockpuppet!
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Tue Jan 31, 2017 6:40 am |
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I really think this is not the elephant in the room. Since campaign promises are being kept, I imagine he'll decimate the Forest Service and there will be no employees to collect fees or maintain roads, or work on trails, or available for info, or FS fire crews.
What's especially fun about sock puppets is that you can make each one unique and individual, so that they each have special characters. And they don't have to be human––animals and aliens are great possibilities
What's especially fun about sock puppets is that you can make each one unique and individual, so that they each have special characters. And they don't have to be human––animals and aliens are great possibilities
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Token Civilian
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| Seventy2002 wrote: | | (2) In response to an emergency involving an immediate threat to human life or property;
" |
Well now, isn't that exactly the circumstances where a cop is going to hook ya up? Kind of defines the central task of a cop.
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water
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water
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Tue Jan 31, 2017 4:35 pm |
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is there any accountability that the states wouldn't accept the block grants, use it as they see fit, maybe to get cool military surplus hardware for LEOs, but what mechanism would be there to compel them to perform the same duties as federal BLM/USFS enforcement officers? Am I missing something?
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water
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water
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Tue Jan 31, 2017 4:36 pm |
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is there any accountability that the states would fulfill picking up the enforcement that is given to them? Couldn't they accept the block grants, use it as they see fit, maybe to get military surplus hardware that police departments seem to love, but what mechanism would be there to compel them to perform the same duties as federal BLM/USFS enforcement officers on those lands? Am I missing something?
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drm
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drm
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Tue Jan 31, 2017 5:45 pm |
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| tlake wrote: | | If it passes this is what going to happen. States get Block Grants from the Fed's for the LEO's. After some period of time the Block Grants stop and the States get stuck with the bill for the LEO's. |
That's one possibility. The other is that some states decide to spend the money on other things, the Feds don't check on it, and then there is no law enforcement available.
Note that since this law apparently disbands Federal law enforcement in some agencies, if some states and/or counties don't want to take this on, then there is nobody left to do so. I can easily imagine that some rural county law enforcement with humungous national forests might say forget it.
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