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The authority for use of police power under American Constitutional law has its roots in English and European common law traditions. [3] Even more fundamentally, use of police power draws on two Latin principles, sic utere tuo ut alienum non laedas ("use that which is yours so as not to injure others"), and salus populi suprema lex esto ("the welfare of the people shall be the supreme law ...
A law enforcement agency (LEA) has powers, which other government subjects do not, to enable the LEA to undertake its responsibilities. These powers are generally in one of six forms: Exemptions from laws; Intrusive powers, for search, seizure, and interception; Legal deception; Use of force and constraint of liberty; Jurisdictional override ...
Private police officers are generally required to be licensed the same as a regular police officer and have the same powers as a regular law enforcement officer (even if sometimes limited to the properties they are assigned to protect). A specific type of private police is company police, such as railroad police.
Concurrent powers makes it so that both federal and state governments can create laws, deal with environmental protection, maintain national parks and prisons, and provide a police force. The judicial branch of government holds powers as well. They have the ability to use express and concurrent powers to make laws and establish regulations.
So while police can use seized items for "legitimate law-enforcement purposes," such as for evidence at trial, and are permitted some delay for "matching a person with his effects," prolonged ...
In law, selective enforcement occurs when government officials (such as police officers, prosecutors, or regulators) exercise discretion, which is the power to choose whether or how to punish a person who has violated the law.
The rule of law is enshrined in Article 2 of the Treaty on European Union as one of the common values for all Member States. Under the rule of law, all public powers always act within the constraints set out by law, in accordance with the values of democracy and fundamental rights, and under the control of independent and impartial courts.
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