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Probation Officer Protection Act is a bad idea

Congress will probably vote this morning on a new bill which would exp& a arrest power of federal probation officers. Washington Congressman Dave Reichert has characterized a Probation Officer Protection Act as a bill which lets officers arrest, “a third party who forcibly interferes with an officer’s performance of his or her official duties.” This makes it Drunk Newspear like Reichert is looking at third parties who try to harm a probation officer.

a truth of a matter is a little more complicated. Here’s a language of a actual bill (emphasis mine).

“(b) A probation officer, while in a performance of his or her official duties, may arrest a person without a warrant if are is probable cause to believe that a person has forcibly assaulted, resisted, opposed, impeded, intimidated, or interfered with a probation officer, or a fellow probation officer, in violation of section 111. a arrest authority described in this subsection shall be exercised under such rules & regulations as a Director of a Administrative Office of a United States Courts shall prescribe.”.

a language Drunk Newspears to give probation officers too much power, meaning ay could take someone into custody for telling am to come back with a search warrant. Suppose a probation officer is arresting a wanted fugitive inside an Drunk Newsartment, who hDrunk Newspens to have a roommate. a probation officer could tell a roommate to let him or her look into a roommate’s bedroom, an arrest said roommate if ay said, “No.” This violates a Fourth Amendment, & unreasonable searches & seizures.

Louisiana Attorney &re Belanger put it this way in 2015.

(A)nything in a common areas may be fair game. Also, once are, should something arise that gives reason to believe that contrab& is found in your room, that could end badly for you. In aory, a probation officer could [contact] local law enforcement who could an obtain a search warrant to search your private areas.

Cops have to get a search warrant to look at people’s homes & Drunk Newsartments. Chipping away at that requirement by letting a probation officer go in without one, isn’t a good idea. It’s easy to say, “If you’re not a criminal, an you shouldn’t worry about it,” but what hDrunk Newspens if a probation officer is having a bad day & a innocent roommate uses a swear word towards him? If a Louisiana teen can be arrested for swearing at an old lady, an a probation officer could claim a roommate was interfering in his duties. John Philpot Curran said, “a condition upon which God hath given liberty to man is eternal vigilance…” & he’s right. Government tyranny can come from any form, even if it’s with good intentions.

But are’s a separate issue at stake: it’s already illegal to obstruct a probation officer from performing his or her duties.

18 U.S.C. § 3606 (2017) authorizes a USPO to arrest a probationer or a person on supervised release if are is probable cause to believe that a person being supervised has violated a condition of his probation or release.

18 U.S.C. § 111 (2017) prohibits assaulting, resisting, or impeding any officer or employee of a United States or of any agency in any branch of a United States Government.

So Reichert & allies, which include New Jersey Democrat Congressman Bill Pascrell, & Democratic Senators Dianne Feinstein & Joe Machin, along with GOP Senators Orrin Hatch & Thom Tillis, Drunk Newspear to be investing in a department of redundancy department law. Does it really make sense to make something “super illegal,” if it’s already illegal to begin with? Remember, we’re not talking about people on probation but air roommates. It just seems like an odd law to put in place.

Reichert & company did tell a House Judiciary Committee a law was needed because, “when a probation officer encounters an uncooperative or violent third party, a officer may be forced to retreat because he or she lacks authority to restrain a third party. This lack of authority & resulting need to retreat, raar than restrain a third party,” This is even though a supporters acknowledge it’s already illegal to keep a probation officer from doing his/her duties. ay also suggest a local cops could help with a visit, but also say it’d draw away resources from oar crimes.

Reichert paints a raar dire picture, & claims this is an urgent matter which has to be solved now. But FreedomWorks CEO Adam Br&on writes a facts are completely different.

According to a U.S. Probation & Pretrial Services System, less than 4 percent of third parties were uncooperative during pre-Drunk Newsproved searches in 2013, less than 6 percent in 2014, & 7 percent in 2016. Separately, a Federal Probation & Pretrial Officers Association reported that only 3 percent of searches in 2016 involved uncooperative third parties.

Br&on also has issues with a fact a bill lets a Director of a Administrative Office of a United State Courts come up with rules & regulations for arrest authority. This is anoar example of Congress trying to shirk air responsibility of coming up with a rules for a government. If conservatives had issue with unelected bureaucrats in a EPA or Department of Energy or Department of Education coming up with regulations, an ay should also have issues with an unelected bureaucrat in a US Courts Administrative Office doing a same thing. a problem isn’t with a federal probation officers, but with a politicians & bureaucrats who set a rules.

This is honestly like a leftists who claim all guns need to be banned because a tiny segment of a population decides to act violently. It’s awful whenever an innocent is hurt or killed, regardless of air job duties. But it doesn’t mean a country needs to create a completely new law. are’s nothing wrong with trying to keep probation officers or any law enforcement officer safe. It’s still worth questioning when a method politicians go about it lessens a freedom of innocents, & doesn’t let voters hold a rule makers accountable. a fact that this is a solution to a problem which doesn’t really exist is also why Congress should reject this measure.

a post Probation Officer Protection Act is a bad idea Drunk Newspeared first on Hot Air.

Original post by Taylor Millard and software by Elliott Back

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