No person has a constitutional right to violate the law. Nor may any person be deprived of constitutional rights merely because they are suspected of having committed a crime. The task of determining the constitutionality of a statute lies within a court of proper jurisdiction, not with an officer who seeks to properly enforce the law as it exists. Therefore, an officer may enforce any federal, state, or local statute which is valid on its face without fear of abrogating the constitutional rights of the persons violating that statute. An officer who lawfully acts within the scope of authority does not deprive persons of their civil liberties. Officers may, within the scope of authority, make reasonable inquiries, conduct investigations, and arrest on probable cause. However, when an officer exceeds authority by unreasonable conduct, s/he thereby violates the sanctity of the laws sworn to uphold.
Last Edited: March 21, 2017