I suspect the police have something similar:
The Uniform Code of Military Justice (UCMJ) 809[890].ART.90 (20), makes it clear that military personnel need to obey the "lawful command of his superior officer," 891.ART.91 (2), the "lawful order of a warrant officer", 892.ART.92 (1) the "lawful general order", 892.ART.92 (2) "lawful order". In each case, military personnel have an obligation and a duty to only obey Lawful orders and indeed have an obligation to disobey Unlawful orders, including orders by the president that do not comply with the UCMJ. The moral and legal obligation is to the U.S. Constitution and not to those who would issue unlawful orders, especially if those orders are in direct violation of the Constitution and the UCMJ.
In reply to Dr. Hess:
I know what most people think about cops. But just because my Sgt can order me to do something doesn't mean I am a robot. I can refuse. It's the reason that most police have civil service. It protects cops from getting fired for political or illegal reasons. A Sgt can(and yes they have tried) try to do me for my badge but unless they have evidence of a crime, cowardice, or a serious breach of standing orders then they can't touch me.
A search warrant needs a judges signature for probable cause to search a particular place for particular things to be seized. The things to be seized basically have to be the fruits of a crime or used in the commission of a crime.
I have written and served warrants to search for guns. "No -knock" even where we went in a stick and rammed a door in big scary armor. In all cases the guns were known to be either illegal(full-auto), in possession of felon gangsters, or had been used in a crime...or a combination of all of the above.
I used to tell my rookies that they can try to do you for not following orders but doing something illegal WILL lose your badge if not your liberty.
In reply to Ojala:
Whats your opinion on all these wrong address and poor info SWAT raids on houses full of innocent, or at worst, nonviolent offenders that end up being terrorized and/or killed in the process?
I really want to respect the police, but the way they've been going as a whole, the last few years(militarization, unmarked cars, none of them seem to wear ties or smile anymore, etc), its kinda difficult.
In reply to Kenny_McCormic:
A bad warrant is a bad warrant. Usually that indicates bad command structure and policies. A dynamic entry warrant should require a warrant. That means a detective laid eyes on the place. The swat team corporal laid eyes on it to plan the delivery. The sgt and at least the lt if not a chief have approved the warrant and the delivery plan. If nothing else that helps reduce the chance of injury to officers.
But POLICE are not a unified monolithic force. Wrong plans executed by the wrong people will never give the right results. Cops are, for better or worse, humans not robots. And all departments are different and subject to different pressures and interests.
I haven't worn a uniform or been assigned a marked car for years. I don't know what to tell you about that.
But if you want smiles come on down. Heck if you want we can hold pinkies and feed each other spaghetti lady-and-the-tramp style...
Ojala wrote:
In reply to Kenny_McCormic:
Heck if you want we can hold pinkies and feed each other spaghetti lady-and-the-tramp style...
THIS NEEDS TO BE IN PRINT!!!
In reply to Kenny_McCormic:
I need to pull some pictures off my gopro of the highway units around here. If you think the unmarked cars are trolling, you'd like the Chargers with speed stripes.
In reply to N Sperlo:
Case in point, visit hometown a year ago, ~1000 people, quiet town. Parked in front of the local PD? A new gray F-150 with a leer cap, marked in gray one shade darker.
OK, Ojala. You didn't directly answer my question, but if I read your answer properly, you are saying that there would have to be a search warrant, properly signed, etc. I am saying, what if all that has been done? A search warrant signed by a judge (I am sure you know of plenty of examples of unconstitutional orders give by judges, so I won't pull up examples) to go to that address with a no-knock warrant and take these guns and any others from that tea party internet posting terrorist, under a sealed national security secret court order. What do you do? It is a bit of a rhetorical question. I know what not-necessarily you but the majority of police officers would do. The same thing they have done throughout history. UMCJ or not.
In reply to Dr. Hess:
If I knowingly execute an unlawful warrant then the fact that a judge signed it won't save my job in any way. I'm not serving a bad warrant and there is nothing anybody could do to hassle me about it.
Can bad things happen? Yes somewhere sometimes bad things can happen. I think America is better than that the vast majority of the time. Though I accept I won't see a perfect world till the pearly gates open.
On a side note sealed "secret court orders" are not secret or sealed to the people serving or writing them. I get warrants and orders sealed all the time. What it means is that the public can't go and get a copy or any record of the warrant or order.