Not history, a law question

[dian57]

A very intelligent friend and I had a discussion yeaterday. He says there are laws that do not pertain to police officers and senators. I can buy that. However, two examples he mentioned seem so out in left field to me that I bet him $5 he was wrong.

1. If a senator is involved in a hit and run on the way to Congress, he doesn't have to stop and won't be charged in the offense.

2. Police officers are immune from NY cell phone law. They don't have to have the hands-free kit and are allowed to hold the handset to their ears and drive.

What do you think?

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[tileguytodd]

I think its a mute point,If a cop is holding a cell phone to his ear,who is going to arrest him???Certainly not another cop.And if in civies and pulled over,do ya think he may see a lil proffessional courtesy?Dont get me wrong,The few perks that a cop recieves doesnt make up for having to do the job.(i wouldnt want it)But just lately we have 3 cops that went to arrest a man after a domestic call.He resisted arrest.So they maced him.Later that evening while in jail he became unresponsive and was rushed to emergency where he was pronounced DOA.All 3 cops involved have been suspended (with Pay mind you) while the incident is being investigated.An autopsy report should be out soon.I dont agree with someone resisting arrest,But i dont think they should have to die over it either.........

[Cami A]

From Snopes, in an article about Congressional crimes:

"The Constitution (Article I, Section 6) gives Congressmen privilege against arrest while Congress is in session (in order to prevent others from using the power of law enforcement to intimidate them). Although protecting members of Congress against traffic tickets may not be exactly what the Founding Fathers had in mind when then crafted Article I, how many of us would disdain a constitutional protection to avoid trouble with the law?"

I'm assuming that once Congress is no longer in session, they could be charged with the crime.


And it does appear that New York police officers that are on-duty are exempt from the no phone calls while driving laws. It must be old news, though, because I keep getting expired links to newspaper stories about the law.

[Hobbit]

True, True.

I think in some states these privileges have been extended to state senators/congressmen as well. In NC for example, they have special license plates and are immune while traveling to or from the session. (At least in practice if not in law).

[John Bridge]

Congressmen can indeed be charged with the crime whether congress is in session or not. They can certainly be pulled over, given a ticket and sent on their way. The Supreme Court has determined that routine traffic stops are not considered "arrests."

I think that if a policeman witnessed, say, a congressman committing a felony, the policeman would arrest him or her. If a judge determined the arrest was unconstitutional, the judge could order the congressman released. Even then, the congressman would have been charged with the crime, and the arrest issue would become a separate matter to be disposed of later.

I would have to look it up, but I know there are cases of congressmen having been arrested while Congress was in session. None have been incarcerated, though, to my knowledge. Incarceration is what the Founders were worried about. Hell, there weren't that many of them. Put a few in the pokey and you've shut down the country. ;)

[dian57]

I'm hanging on to my 5 bucks till he produces definitive evidence. Seems to me the laws should pertain to all citizens. Thanks, all.

[John Bridge]

Diane,

Hang onto the five, but read the Constitution. It does state that exemption for Congress.