Originally Posted by
law dawg
Yep, that's overstepping.
Still, that's a problem of execution, not principle. LEOs overstep their authority all the time. It becomes a Constitutional issue when the principle it operates under is in violation of the Constitution, not individual actions.
If LEOs could just search people at random on the street with no cause that would be a Constitutional violation. If an individual LEO does so, that's excluded per the exclusionary rule. It doesn't mean LE work is unconstitutional.
Wow I was this close to jumping all over you. For those that misread what he said like I did, let me clarify what he is saying.
If a Government entity endorses or knowingly allows its employees to act in an unconstitutional manner then the weight of that falls on the entity.
If on the other hand an employee of a Government entity acts alone in an unconstitutional manner the weight falls strictly on that employee.
BOTH acts are unconstitutional it just comes down to who gets smacked for it.