Texas-Book-Gun Law Armed And Educated - Flipbook - Page 35
A. What is the role of police?
There are many different police organizations. Most often, we
encounter police employed by the State of Texas, individual
counties, municipalities, school districts, etc. There is no general
federal police power. However, there are law enforcement bodies
controlled by the U.S. government that enforce laws in arenas
specifically under federal control. Federal law enforcement bodies
(often referred to as “bureaus”) include the Federal Bureau of
Investigation; the Bureau of Alcohol, Tobacco, Firearms and
Explosives; United States Immigration and Customs Enforcement;
United States Park Police; and many others.
Though it’s hard to generalize the day to day routines of these
vastly different agencies, law enforcement functions performed by
police can be broken down into three broad areas: 1) maintaining
order through general patrols and surveillance, particularly with
high visibility policing; 2) enforcing the laws against violators and
apprehending and arresting those suspected of breaking the law;
and 3) providing services unrelated to criminal activity, such as
rendering first aid, helping distressed citizens, etc. For example,
a patrol officer on a usual day can patrol streets, investigate a
burglary, and help get a cat out of a tree—all before lunchtime.
It’s the “law enforcement” function that we are most concerned
about in this Chapter. This is where the police commit the most
intrusion and are most likely to run up against (or through!) the
rights of individuals.
B. Limits on police power
The Texas and U.S. Constitutions serve as the greatest restraint on
police power. Specifically, the Fourth, Fifth, and Sixth Amendments
to the U.S. Constitution, and the case law that has flowed from these
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