Another violation of Constutional Rights Proposed: AB105

Discussion in 'Legal & Political Archive' started by erudne, Mar 3, 2013.

  1. erudne

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    HEARING: Mon. March 4, 9:00am, Asm. Judiciary Rm. 3138
    Videoconferenced to Room 4401 of the Grant Sawyer State Office Building, 555 E. Washington Ave., Las Vegas

    MESSAGE: Oppose AB105 giving Federal Marshals the power to arrest without a warrant. We should not be giving more police power to the Federal Government in violation of the Separation of Powers. Federal Marshals should go through the County Sheriff if they want to make an arrest or execute a search warrant. (You may want to write your own message.)

    CONTACT: Assembly Judiciary Committee:,,,,,,,,,,,,

    CONTACT: All the Sponsors of AB105 are Republican Assemblymen:,,,,, Note: Michele Fiore and Jim Wheeler are on the Judiciary Committee.

    By Phone: Toll Free: 800-978-2878, 800-995-9080, 800-992-0973, Northern Nevada 775-684-6800, 775-684-6789 Southern Nevada 702-486-2626, Toll Free Fax: 866-543-9941

    You may also share your opinion with Legislators at:

    “It is not the function of our Government to keep the citizen from falling into error; it is the function of the citizen to keep the Government from falling into error." US Supreme Court American Communications Association vs Doud, 1950.

    AB105 violates the Tenth Amendment of the U.S. Constitution which retains for the states the powers not delegated to the Federal Government, such as police powers. It also violates the separation of powers between the Federal Government and the States giving more power to the Federal Government. The Sheriff is the highest police authority in the County and as such is able to protect his citizens from abuses of power by the Federal Government including U.S. Marshals. It jeopardizes our freedom when we allow the Federal Government more police power in our state.

    Currently only the FBI and Secret Service have the power to arrest without search warrants in Nevada. This bill will extend the power to arrest without a search warrant to Federal Marshals. Now, Federal Marshals must go to a peace officer in the county where the warrant is to be executed and have the county execute it. The bill significantly expands the power of Federal Marshals in Nevada including: to arrest a person without a warrant 1) for a public offense committed in their presence, 2) when a person has committed a felony or a gross misdemeanor, although not in the Marshals presence 3) When the Marshall has reasonable cause for believing the person has committed a felony or gross misdemeanor 4) on a charge upon reasonable cause that a person has committed a felony or gross misdemeanor, 5) When a warrant has in fact been issued in Nevada for a person so described.

    The bill also allows Federal Marshals to execute search warrants which currently they do not have. They must have a peace officer in the county execute the search warrant for “Property [including] without limitation, documents, books, papers and any other tangible objects.”

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