nightmare69 wrote:ScottDLS wrote:
...
it's not a LEO's job to defy the orders of a Federal court, by enforcing a law that is ruled unconstitutional, whether the Legislature gets around to repealing it or not. This has been clear precedent for over 200 years. Do you still arrest homosexuals for sodomy, or did the legislature get rid of that one after Lawrence?
Should local LEOs arrest anyone using marijuana in states that legalized it since it's still illegal under federal law? We let the Feds handle their vast matrix of laws they created and only a team of lawyers can interpret. My license says Texas, not US.
If I see a couple having sex in public yes I will arrest for lewd conduct.
You're missing my point here. Earlier you stated that you would arrest someone engaging in Constitutionally protected speech, because there remains a Texas law against flag burning. This in defiance of a Federal court (SCOTUS) ruling that flag burning is protected speech. This is a good way to lose a Federal lawsuit as well as (possibly) end up in federal prison on a civil rights conviction. Is it the policy of your department to defy Federal court rulings that you don't like, or was this you speaking as an individual?
In
Lawrence vs. Texas (2003) LEO's in Texas served a warrant on the wrong location (imagine that...), in the process of serving the (illegal?) warrant, they observed two men privately engaged in an "act" prohibited by Texas law. They arrested the men for violation of the Texas sodomy statute. SCOTUS ruled (wrongly, in my opinion) that the Texas statute was unconstitutional and that like abortion, the conduct was protected by the men's right to privacy. Assuming that this statute is still on the books, is it the policy of your department to arrest people for this private conduct? Even in defiance of the SCOTUS ruling that the statute is invalid?
Finally, there is a Texas law against possessing marijuana, so you can arrest someone for that. There's a federal law even in Colorado against marijuana...depending on state law LEO's in CO
may still arrest someone for violating Federal law, but they then have to turn them over to the US Attorney to prosecute. Feds cannot force state LEO's to enforce Federal law, but they CAN prohibit them from violating Federal law by enforcing an illegal State statute.
PS:
Trump has some autocratic tendencies. I voted for him anyway because he's way better than Hillary. However, it's disturbing to see him state that he would make flag burning illegal, even though it has already been ruled protected speech. Now if he said he was going to appoint judges and justices that would apply the Constitution, and he believes that the Constitution doesn't protect flag burning...well that might be better, though I still disagree. Maybe he said that, I didn't hear his remarks on the issue.
