@mysteryman,
mysteryman wrote:
Quote:All law enforcement officers are presumed to know the law
Who presumes that?
Do all lawyers know ALL the laws in the US Code?
Do you even know ALL of the laws in your own specialty?
And I dont mean can you look them up, do you know ALL of them from memory?
And if you dont, what makes you think a cop would know all of the laws in his jurisdiction?
Even YOU -- a mere citizen -- is presumed to know the law.
Surely you are aware of the timeless axiom that warns "ignorance of the law is no defense."
“Every citizen is presumed to know the law thus declared, and it needs no argument to show that justice requires that all should have free access to the opinions, and that it is against sound public policy to prevent this, or to suppress and keep from the earliest knowledge of the public the statutes or the decisions and opinions of the justices.”
Nash v. Lathrop, 142 Mass. 29, 6 N.E. 559 (1886).
Are you suggesting that the officer who arrested Gates did not have access to the disorderly conduct statute and the state supreme court case law intepreting and strictly limiting the reach of the statute in order to prevent unconstitutional arrests?
It makes a tremendous amount of sense, if the average citizen is presumed to know the law (because the citizen is required to obey the law), then a law enforcement officer is also presumed to know the law (because the officer is required to enforce the law). Because a law enforcement officer is liable to the arrestee for making an arrest without probable cause (and again, ignorance of the law is no defense), the law enforcement officer has a personal interest at stake in knowing the law he is charged with enforcing.