Police union chief says Wisconsin GOP's proposal to detain missing Dems may be unconstitutional

[kpete]

Source: The Plum Line

Posted at 4:45 PM ET, 03/ 3/2011
Police union chief says Wisconsin GOP's proposal to detain missing Dems may be unconstitutional
By Greg Sargent

By now you may have heard that Republican state senators in Wisconsin have unanimously passed a resolution ordering missing Dems to return to the capitol or face possible detainment by police. The top senate republican justified this by claiming Dems had "pushed us to the edge of a constitutional crisis."

But the chief of a major Wisconsin police union tells me this proposal may itself be unconstitutional under state law.

"It's unclear to me on what constitutional authority Senate Republicans think law enforcement officers can take state lawmakers who have not committed a crime into custody," James Palmer, the head of the Wisconsin Professional Police Association, told me by phone moments ago.

......................

"I don't see how a sergeant-at-arms would have that authority," said Palmer, whose union represents all municipal police officers. "I don't see how any individual, law enforcement or otherwise, has the authority to detain another individual if there's no probable cause to suggest that he committed any crime."

Read more: http://voices.washingtonpost.com/plum-line/2011/03/is_wisconsin_gops_proposal_to.html

[Drale]

1. I am 100% sure it is unconstitutional.

Fifth Amendment-No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

You can not just arrest someone when they have broken no laws and if they want to arrest them they have to charge them with a crime and let the justice system work.

[Iliyah]

2. I know

but y'know that the gop tea brats seem to be uneducated or just ignore the facts and the rule of law because I guess the feel they are the messengers of their God.

[DeSwiss]

3. "You can not just arrest someone when they have broken no laws...."

- That's the http://en.wikipedia.org/wiki/Extraordinary_rendition_by_the_United_States">theory anyway.

K&R

[mod mom]

4. Not sididng w these thugs, but I do recall that the Senate Sergeant-at-arms

has authority to arrest.

here:

The Sergeant at Arms is authorized to arrest and detain any person violating Senate rules, including the President of the United States.

-snip

http://www.senate.gov/reference/office/sergeant_at_arms.htm

Maybe he can arrest the Governor for locking out citizens.

[Uncle Joe]

6. Your article refers to the federal government not the state of Wisconsin. n/t

[mod mom]

9. I realize that but perhaps it is a similar position at the state level.

[Drale]

7. No matter what their authorized to do

they CAN NOT cross state boarders without authorization from said state and if Quinn was to give his Authorization, I would start right away campaigning for his recall.

[Very_Boring_Name]

10. He is given that power by the state constitution. The federal constitution outweighs that

If the state constitution said that he could arrest senators for being Democrats and bring them into custody, he would not actually be able to do this.

[Uncle Joe]

5. Kicked and recommended.

Thanks for the thread, kpete.

[Lone_Star_Dem]

8. Their Constitution states:

"Organizati­on of legislatur­e; quorum; compulsory
attendance­. SECTION 7. Each house shall be the judge of the
elections, returns and qualificat­ions of its own members; and a
majority of each shall constitute a quorum to do business, but a
smaller number may adjourn from day to day, and may compel
the attendance of absent members in such manner and under
such penalties as each house may provide"

Which gives the Senate Sergeant at Arms the right to compel them. The question is just what does this compulsion amount to and where, physically, the Senate Sergeant at Arms jurisdiction actually exists. It would appear their jurisdiction may be limited to the Capital grounds. However, there's nothing which states they have a legal leg to stand on in attempting to involve law enforcement officers in this issue.

[DeSwiss]

11. "....where, physically, the Senate Sergeant at Arms jurisdiction actually exists."

Exactly. Which is the very reason these Democratic State Senators left their state. Because they know (as do these obviously frustrated and pontificating Repuke clowns) that no one but Illinois officials have jurisdiction within their state's borders and a Wisconsin LEO of any type would themselves be subject to arrest were they found attempting to enforce Wisconsin law within Illinois' jurisdiction.

This whole drama is simply one more failed attempt by these bozos at appearing to be "forceful and in-charge" of something and to be seen as "demanding" instead of looking to everyone like the pwned-assed pussies we know them to truly be.

- I'm just glad these numbnuts don't possess nuclear weapons. I'm sure they would have used them by now.......

[Lone_Star_Dem]

14. I'm torn between if they believe they have the right to actually use law enforcement

Or if this is just another distracting noise. Or perhaps a mix of both. I'm leaning toward believing Walker might actually be stupid enough to believe it, and maybe some of their elected officials there in Wisconsin, too. However, there's no way I buy that their handlers are. The Koch brothers have the game of distraction and propaganda down to a T. This just reeks of a sound byte they're tossing out there to distract the media (yeah, I'm saying our media is just that easily led around by their noses) and confuse the average American not paying enough attention.

This whole thing reeks like last weeks garbage to my nose.

Oh, and you're 100% correct. If the Republicans/Teabaggers in Wisconsin had their fingers on the button, they'd have blown everyone's asses away by now. They're just that crazy.

[Judi Lynn]

12. Kicking, rec.

:kick: :kick: :kick: :kick:

[provis99]

13. I wonder,

can Illinois arrest and extradite the Wisconsin Senate members upon a request from Walker? It would seem to be a way for Walker to get around the problem that Wisconsin police powers usually end at the border.

[reformist2]

15. How can they approve this without a quorum? ;)