Police jurisdiction?

Here we will discuss where United States and States of United States have territorial jurisdiction to compel obedience to "federal" or "state" law.
Post Reply
Geod Manson
Posts: 18
Joined: Sun Jun 10, 2018 7:42 pm

Police jurisdiction?

Post by Geod Manson » Mon Nov 04, 2019 2:48 pm

Is this where the police believe they get their jurisdiction? But are they actually just overstepping their boundaries?
38 USC 901-905: Authority to prescribe rules for conduct and penalties for violations Text contains those laws in effect on November 2, 2019
From Title 38-VETERANS' BENEFITSPART I-GENERAL PROVISIONSCHAPTER 9-SECURITY AND LAW ENFORCEMENT ON PROPERTY UNDER THE JURISDICTION OF THE DEPARTMENT
§901. Authority to prescribe rules for conduct and penalties for violations

(a)(1) The Secretary shall prescribe regulations to provide for the maintenance of law and order and the protection of persons and property on Department property.

(2) In this chapter, the term "Department property" means land and buildings that are under the jurisdiction of the Department and are not under control of the Administrator of General Services.

(b) Regulations under subsection (a) shall include-

(1) rules for conduct on Department property; and

(2) the penalties, within the limits specified in subsection (c), for violations of such rules.

(c) Whoever violates any rule prescribed by regulation under subsection (b)(1) shall be fined in accordance with title 18 or imprisoned not more than six months, or both. The Secretary may prescribe by regulation a maximum fine less than that which would otherwise apply under the preceding sentence or a maximum term of imprisonment of a shorter period than that which would otherwise apply under the preceding sentence, or both. Any such regulation shall apply notwithstanding any provision of title 18 or any other law to the contrary.

(d) The rules prescribed under subsection (a), together with the penalties for violations of such rules, shall be posted conspicuously on property to which they apply.

(e) The Secretary shall consult with the Attorney General before prescribing regulations under this section.

(f)(1) The Secretary may not prohibit the use of a covered service dog in any facility or on any property of the Department or in any facility or on any property that receives funding from the Secretary.

(2) For purposes of this subsection, a covered service dog is a service dog that has been trained by an entity that is accredited by an appropriate accrediting body that evaluates and accredits organizations which train guide or service dogs.

(Added Pub. L. 102–83, §2(a), Aug. 6, 1991, 105 Stat. 397 ; amended Pub. L. 112–154, title I, §109, Aug. 6, 2012, 126 Stat. 1174 .)
Prior Provisions

Prior section 901 was renumbered section 2301 of this title.

Provisions similar to those in this section were contained in section 218(a) of this title prior to repeal by Pub. L. 102–83, §2(a).
Amendments

2012-Subsec. (f). Pub. L. 112–154 added subsec. (f).

§902. Enforcement and arrest authority of Department police officers

(a)(1) Employees of the Department who are Department police officers shall, with respect to acts occurring on Department property-

(A) enforce Federal laws;

(B) enforce the rules prescribed under section 901 of this title;

(C) enforce traffic and motor vehicle laws of a State or local government (by issuance of a citation for violation of such laws) within the jurisdiction of which such Department property is located as authorized by an express grant of authority under applicable State or local law;

(D) carry the appropriate Department-issued weapons, including firearms, while off Department property in an official capacity or while in an official travel status;

(E) conduct investigations, on and off Department property, of offenses that may have been committed on property under the original jurisdiction of Department, consistent with agreements or other consultation with affected Federal, State, or local law enforcement agencies; and

(F) carry out, as needed and appropriate, the duties described in subparagraphs (A) through (E) when engaged in duties authorized by other Federal statutes.

(2) Subject to regulations prescribed under subsection (b), a Department police officer may make arrests on Department property for a violation of a Federal law or any rule prescribed under section 901(a) of this title, and on any arrest warrant issued by competent judicial authority.

(b) The Secretary shall prescribe regulations with respect to Department police officers. Such regulations shall include-

(1) policies with respect to the exercise by Department police officers of the enforcement and arrest authorities provided by this section;

(2) the scope and duration of training that is required for Department police officers, with particular emphasis on dealing with situations involving patients; and

(3) rules limiting the carrying and use of weapons by Department police officers.

(c) The powers granted to Department police officers designated under this section shall be exercised in accordance with guidelines approved by the Secretary and the Attorney General.

(d) Rates of basic pay for Department police officers may be increased by the Secretary under section 7455 of this title.

(Added Pub. L. 102–83, §2(a), Aug. 6, 1991, 105 Stat. 397 ; amended Pub. L. 111–163, title X, §1001, May 5, 2010, 124 Stat. 1181 .)
https://uscode.house.gov/view.xhtml?hl= ... lse|prelim

Logos
Site Admin
Posts: 58
Joined: Sun Jun 10, 2018 4:49 pm

Re: Police jurisdiction?

Post by Logos » Wed Nov 06, 2019 6:29 pm

Interesting. Perhaps, or maybe it's generally that they believe--like most people--that "City of Hartford" is the fancy, proper, legal term for the land area depicted on the map as Hartford, same as "State of Florida" vs. Florida, and that the code you referenced seems to be based on this (to them) "fact", though it's actually just a presumption.

If that's their thinking, then in all fairness I can appreciate why LEO personnel may still believe this. After all, how many people have challenged them (or their gov't lawyers) to prove it? From what I can observe about people's beliefs in this area I suspect that number is relatively small. Furthermore, how many of their superiors and gov't lawyers would rather their own personnel remain ignorant of the truth, so as to avoid the risk of blowing the scam wide open?

Geod Manson
Posts: 18
Joined: Sun Jun 10, 2018 7:42 pm

Re: Police jurisdiction?

Post by Geod Manson » Wed Nov 06, 2019 7:27 pm

Agreed, If people are indoctrinated what to believe and not how to think for themselves, without comprehending what is written. The ignorant, dumbed down society are not able to discern the differences between "California" and "the State of California" or "United States" Vs. "The United States of America".

The people don't seem to ask where the police derive their just powers or where their jurisdiction actually lies. They just assume the police have jurisdiction everywhere instead of the Territorial Jurisdiction that they only have over "Territory or other property owned by the United States". Article IV section 3 Clause 2

Post Reply