118th CONGRESS

1st Session

 

 

 

 

 

 

H.J. Res. 911

United States House of Representatives

January 9, 2023

 

Sponsored By: Rep Ian A. Medina (D-FL)

 

Article

Section 1. A joint resolution proposing an amendment to the Constitution of the United States of America that enacts American police practices that better trains police officers for all dangerous situations in law enforcement thus granting all necessary resources to better handle criminal affairs and to better enforce the rule of law under the Constitution of the United States of America and jurisprudence. 

 

Section 2. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled (two-thirds of each House concurring therein), that the following joint resolution be enacted and enforced against the territories under our sovereignty.

Section 3. Pursuant to duly executed legislative action by the powers granted in me by the Congress, the United States of America adds an amendment to the Constitution of the United States that expressly enacts policing and police practices in line with an originalist view of the Constitution of the United States.

 

Section 4. Law enforcement consists of federal law enforcement and state law enforcement. State law enforcement is retained by the state and delegated to the local government in its organization and structure. Police unions shall remain to be in place protecting the individual interests of law enforcement. 

 

Section 5. This legislation can be amended anytime as required by law. The Department of Defense of the United States of America is responsible for the handling, operation and management of all law enforcement in the United States of America including abidance of this legislation. 

 

Section 6. All law enforcement shall adhere to a community-based style of policing. This includes, but does not limit on-the-beat policing, bike policing and pedestrian policing that caters to the civilian population in rendering aid and service in any way possible. Adversarial policing shall not be used since it is highly detrimental to the interests of society and the civilian population suffers damage as a result. 

 

Section 7. If law enforcement receives a report and/or tip of criminal activity, the report and/or tip itself is insufficient to render probable cause for arrest. After law enforcement receives a report and/or tip of criminal activity, the law enforcement shall launch an investigation consisting of an inquiry into the existence of probable cause for arrest and trial. If law enforcement receives a report and/or tip of criminal activity and the suspect invokes his constitutional rights against self-incrimination, unreasonable searches and seizures and attorney representation, then the law enforcement officer has no probable cause to arrest the suspect and the investigation ends if there are no third-party witnesses that are willing to give any information. 

 

Section 8. If after receiving a report and/or tip of criminality, the suspect and/or third-parties seek to share information as to the veracity of the report and/or tip, then the law enforcement officer shall have an investigation in accordance with the Constitution of the United States of America and jurisprudence. 

 

Section 9. If there is no report and/or tip of criminality and the law enforcement officer sees or perceives criminality, it must be more than a mere hunch and the law enforcement officer must be able to reasonably articulate why he or she is suspicious of criminality. 

 

Section 10. At all times as used here, Tier 1 Stop is a voluntary, consensual and uncoerced encounter between civilian(s) and law enforcement. Tier 1 Stop includes, but does not limit, ordering food at a restaurant, paying for gasoline at a gas station, helping a civilian with a flat tire, just asking a civilian how they are doing, etc. At all times as used here, Tier 2 Stop is an involuntary, non-consensual and coerced encounter between civilian(s) and law enforcement based solely on reasonable, articulable suspicion that is more than a mere hunch and more than a mere report and/or tip of criminality. Tier 2 Stop includes, but does not limit, pulling someone over for speeding and smelling green leafy matter emanating from their vehicle, going to someone’s house for a domestic battery incident, calling a person that was reported to have been driving drunk the night before, etc. A suspect is free to terminate a Tier 2 Stop at any time by invoking their constitutional rights against self-incrimination, unreasonable searches and seizures, and attorney representation. This terminates the encounter and the suspect is free to go absent actual evidence that turns the reasonable, articulable suspicion into probable cause for arrest. Examples of actual evidence besides the suspects and third-parties statements include, but does not limit, victim lacerations, stolen monies and/or stolen tangible objects that are identifiable in suspect’s possession, video and audio footage, etc. The suspect’s statements and/or third-party statements can be used against the suspect if no invocation of rights is offered, but the statements must be accompanied with actual evidence for there to be probable cause for arrest. Tier 3 Stop is an involuntary, non-consensual and coerced encounter of arrest between civilian(s) and law enforcement based solely on probable cause that is way more than a mere hunch and more than reasonable articulable suspicion. Probable cause is not found absent actual evidence of criminality that is more than a mere report and/or tip of criminality and more than the suspect’s own statements and/or third party statements. 

 

Section 11. Miranda warnings attach and must be given to a suspect when he or she is in custodial interrogation. 384 U.S. at 436. Custodial interrogation happens in Tier 3 Stop after arrest when the suspect is not actually free to go or when a reasonable person in the shoes of the suspect feels he or she is not free to go. A law enforcement officer that handcuffs a suspect during a Tier 2 Stop has arrested the suspect and it is a Tier 3 Stop, even though the law enforcement officer purports to be in Tier 2 Stop. Factors that indicate someone is arrested, include but do not limit, handcuffing, physical seizure, boxed in to corner, door is locked, explicit conveyance of not free to leave, etc. 

 

Section 12. Terry frisks are unlawful violative of the Fourth Amendment of the Constitution of the United States of America. Contra Terry v. Ohio, 392 U.S. 1, 21 (1968). Searches and seizures are only obtainable by consent of the suspect in waiver of the constitutional right against unreasonable searches and seizures or by writ of search warrant by a neutral, detached magistrate in the courts. Suspects will only be searched and seized in Tier 3 Stop after probable cause for arrest is found using the foregoing criteria. Any evidence found against the suspect is not fruit of the poisonous tree and the exclusionary rule need not apply in that circumstance. In a Tier 2 Stop, the law enforcement officer has no authority to search and/or seize a suspect absent consent and/or a valid search warrant. 

 

Section 13. Deceit, lies, trickery and deception on behalf of law enforcement is unlawful at all times because it unreasonably and highly prejudices civilians, entraps civilians and it is bad faith on behalf of law enforcement. Only the truth can be conveyed from law enforcement to civilians without any misinformation, distortion or concealment. 

 

Section 14. Deadly force is allowed only when it is reasonable. Deadly force is reasonable when the law enforcement officer is actually in danger of imminent bodily injury and/or death. Perceiving that you are in actual danger of imminent bodily injury and/or death is insufficient to justify deadly force and there must be actual, concrete evidence that the law enforcement officer is in real danger of imminent bodily injury and/or death. A mere hunch, a guess, a feeling and/or simply thinking that there is danger of imminent bodily injury and/or death is insufficient to justify deadly force and is considered murder to be punished as allowed by law. 

 

Section 15. Race shall never be a consideration when enforcing criminal laws and the law enforcement officer shall view everyone equally as to their propensity for criminality. As such, deadly force is always unlawful with no exceptions when the suspect is unarmed and there are reasonable alternatives available in apprehension, such as measures of containment and/or dissolution of the investigatory scheme under police discretion. 

 

Section 16. Law enforcement officers are fiduciaries holding an essential and important function in government that brings with it organic danger with the possibility of bodily injury and/or death at all times on the job. If law enforcement officers use the fact that the job is dangerous as a pretext for murdering unarmed men of color, then they should not be law enforcement officers in the first place and will be prosecuted for murder. See State of Minnesota v. Derek Chauvin, 27-CR-20-12646 (Minn. Cir. Ct. 2021). 

 

Section 17. Reasonable alternatives available in apprehension, include but do not limit, punching, striking, blocking, kicking, tasing, batoning, beating, handcuffing, placing suspect in law enforcement vehicle, doing nothing, leaving, calling for back-up, shining a flashlight on suspect, driving the suspect home, etc. Deadly force shall be used seldomly, strictly and conservatively to preserve human life, order and dignity. 

 

Section 18. At all times reasonable alternatives available in apprehension shall be used proportionally and never applied in gross to the amount of force the suspect is using against the law enforcement officer. The only time deadly force is lawful is when a suspect(s) has a weapon out and is about to aim against law enforcement. If, for example, a suspect is taking out his weapon to relinquish it to the police but fails to vocalize this intent, then law enforcement is justified in using deadly force. If the suspect vocalizes his intent to relinquish the weapon, then law enforcement may be justified in using deadly force if the suspect brings the weapon out and either conveys a misleading statement of intent to trick the police or says nothing. 

 

Section 19. Civilians have reasonable expectations of privacy at home, at work, in their car and more that is different depending on the character and nature of the dwelling or chattel. Evidence obtained in plain view is actual evidence not subject to the exclusionary rule because there is zero expectation of privacy in plain view. Garbage is subject to Fourth Amendment protections against reasonable searches and seizures because a practical reality of the human condition is that people are consumers and produce garbage in the day-to-day function of their lives. Thus, people are forced to throw away objects and things that may be dispositive of criminality despite wishing to reserve expectation of privacy in those things. 

 

Section 20. One invocation of constitutional rights against self-incrimination, unreasonable searches and seizures, and attorney representation at all levels of stops is enough to quash all interrogation and investigation against the suspect. The law enforcement officer must honor all constitutional invocations, even if the suspect is ostensibly getting away with committing a crime. Constitutional invocations cannot be impliedly revoked by answering a follow-up question when the follow-up question is a violation of the suspect's constitutional rights in and of itself because the suspect invoked his rights previously.

 

Section 21. Law enforcement is not practiced in a vacuum and although there is a compelling societal interest in minimizing and catching all criminal activity, it is unrealistic because criminality is a sociological phenomena that is always present in a society of law and order. 

 

Section 22. Consent for search of residential and commercial dwellings must be made by all the owners and/or tenants of the dwellings, including roommates and employees. If any one owner and/or tenant, including roommates and employees, does not consent to the search of the property, then the law enforcement officer must immediately cease and retreat to seek a search warrant from a neutral, detached magistrate in a court of law.

 

Section 23. Traffic stops are solely done for enforcement of traffic laws and cannot lead to criminal investigations, except when evidence is in plain view. Hunches, guesses, feelings and the like are always unlawful when the reason for stop is violation of traffic laws. 

 

Section 24. Law enforcement officers are agents of the executive branch of the United States of America. No law enforcement officer can conspire against the United States of America and/or act and/or omit in any way that is harmful to the United States of America. All law enforcement officers in the United States of America, whether state or federal, will be compensated depending on experience and rank with an entry-level salary in GS-15 ranging from $105,123 to $136,659 plus bonuses and full benefits. 

 

Section 25. All law enforcement must have at least an associate degree from a college or university in the United States of America or elsewhere. All law enforcement must be natural-born citizens or naturalized citizens for at least 10 years.  

 

Section 26. Discretion shall be used by law enforcement at all times taking into consideration all factors necessary to determine whether arrest and possible prosecution is necessary and beneficial to the individual and society as a whole. Law enforcement officers must acknowledge the immense tool as enforcers of the law possessing the power of arrest. As such, the repercussions and permanency of arrest shall be a consideration in discretion of whether to arrest a person and bring them before a court of law.  .  

 

Section 27. Law enforcement can never be defunded since the effect of doing so would destroy the very foundation of the system of government the defunders rely on to defund the police. This would be a tautological fallacy because law enforcement is necessary to maintain the reigns of power in a government with branches that rely on each other to maintain legitimacy.    

 

Section 15. Everything vested herein is non-negotiable, non-transferable and non-delegable expressed as provided here. Any and all claims at law and equity arising out of this legislation is subject to legislative immunity and barred at law. The drafters of this legislation reserve all the rights, privileges, immunities and benefits available at law. Nothing contained here is detrimental or adverse to the affected and/or interested parties regarding this legislation.  

Section 16. As such, any and all cases and/or controversies arising from this legislation are barred under the Speech or Debate Clause of Article I of the Constitution of the United States. U.S. Const. art. I, § 6, cl. 1.

 

Sponsored by Rep. Ian A. Medina (D-FL): 01/09/2023

 

Passes the U.S. House:

 

Passes the U.S. Senate: 

 

Sent to Governors & Ratified By 3/4ths State Legislatures in All States:

 

*Signed by President Joseph R. Biden: 

 

*President’s signature is superfluous and has no legal effect