Powers and Law Exemptions of A Law Enforcement Agency
To enable a LEA to prevent, detect, and investigate non compliance with laws, the LEA is endowed with powers by its governing body which are not available to non LEA subjects of a governing body. Typically, a LEA is empowered to varying degrees to:
- collect information about subjects in the LEA's jurisdiction
- intrusively search for information and evidence related to the non compliance with a law
- seize evidence of non compliance with a law
- seize property and assets from subjects
- direct subjects to provide information related to the non compliance with a law
- arrest and detain subjects, depriving them of their liberty, but not incarcerate subjects, for alleged non compliance with a law
- lawfully deceive subjects
These powers are not available to subjects other than LEAs within the LEA's jurisdiction and are typically subject to judicial and civil overview.
Usually, these powers are only allowed when it can be shown that a subject is probably already not complying with a law. For example, to undertake an intrusive search, typically a LEA must make an argument and convince a judicial officer of the need to undertake the intrusive search on the basis that it will help detect and-or prove non compliance with a law by a specified subject. The judicial officer, if they agree, will then issue a legal instrument, typically called a Search warrant, to the LEA, which must be presented to the relevant subject if possible.
Read more about this topic: Law Enforcement Agency
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