Policing the Police

[constituent]

So all the recent talk about the black panthers got me thinking (it helps that the campaign is essentially kaput)...

in Texas we have these criminal organizations sanctioned from the top-down
that run around stalking people, breaking into their homes, stealing their garbage,
harassing their friends/family/acquaintances for "intelligence/information"...

they pay bribes, if they're busted in the commission of a criminal act the police look the other way..

why?

b/c if they find drugs on or around you, they get to seize your property and keep
a portion of the money recouped from the sale of your forfeited assets. it is a truly
criminal enterprise (often going so far as to plant what they can't find).

my question is this... the quasi-police forces are private corporations designed to
police the public. what steps would i have to go through to establish a private
corporation to gather intelligence on these people and begin performing citizens'
arrests anytime they're caught breaking the law in pursuit of lawbreakers?


does anyone have any advice (where do i start), or perhaps an interest in helping
or establishing other branches in other states or parts of this state?

[acptulsa]

Wow. Tricky business. I think a wiser course would be a legal fund dedicated to suing departments and/or appealing cases to the Supreme Court. Like your way better, but I think the other would work better.

Sure is a temptation, isn't it? "You're under citizens' arrest for violation of the Fourth Amendment..." Would be satisfying.

[pcosmar]

It seems that some folks are already looking at this.
What they are finding is not encouraging.
http://trac.syr.edu/tracreports/civright/107/


THE BOTTOM LINE

Looked at for the entire period, the data show that the declination rates for official abuse matters have been extremely high under every administration going back to President Carter with only marginal differences relating to which party controlled the White House.

[constituent]

yea, i'm not really interested in arresting the clowns, just policing them the way they police us... behind the protections that a corporation affords the individual.

[pcosmar]

This is what the LAW is.
http://www.lectlaw.com/def2/u002.htm


UNDER COLOR OF STATE LAW - Covers not only acts done by an official under a State law, but also acts done by an official under any ordinance of a county or municipality of the State, as well as acts done under any regulation issued by any State or County or Municipal official, and even acts done by an official under color of some State or local custom.

To act "under color of state law" means to act beyond the bounds of lawful authority, but in such a manner that the unlawful acts were done while the official was purporting or pretending to act in the performance of his official duties. In other words, the unlawful acts must consist of an abuse or misuse of power which is possessed by the official only because he is an official.

A person may be found guilty even though he was not an official or employee of the State, or of any county, city, or other governmental unit if the essential elements of the offense charged have been established and the person was a willful participant with the state or its agents in the doing of such acts.

"Misuse of power, possessed by virtue of state law and made possible only because the wrongdoer is clothed with the authority of state law, is action taken `under color of' state law." United States v. Classic, 313 U.S. 299, 326 (1941)

"Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress . . ." 42 U.S.C. S 1983 (1988)

[constituent]

so there is legal precedent for holding them accountable is what i'm gathering from you post. is this correct?

(even though they usually aren't)

i have a whole plan of attack is the reason why i ask.

imo, the easiest and quickest way to "take the power back" is to have liberty candidates for d.a., sheriff, city and county attorneys here, there and everywhere in addition to volunteers who police the police and their henchmen. screw potus.

[pcosmar]

so there is legal precedent for holding them accountable is what i'm gathering from you post. is this correct?

There is legal precedent, Yes.
Getting the law enforced is another question, and it seems to only happen rarely.

But I only offer hope.
The fight is another thing.
My experience with the law and lawyers has not been "encouraging".