10-07-2013, 14:56
|
#1
|
Quiet Professional
Join Date: Feb 2007
Location: Occupied America....
Posts: 4,740
|
No arrest authority for Sheriffs
This is an interesting story from Delaware.
Apparently the State's "Supremes" have determined that being a "conservator of peace" does not translate to arrest authority for County Sheriffs.
This just seems rather odd. The focus of the case was the Sussex County Sheriff's office, but there are several other County Sheriffs operating within Delaware.
Quote:
WILMINGTON, Del. (AP/WBOC) - The Delaware Supreme Court has upheld a lower court ruling that sheriffs in Delaware do not have police powers.
In a 26-page opinion released Monday, the justices affirmed a March ruling by a Superior Court judge upholding the constitutionality of a bill passed by state lawmakers that bars sheriffs and their deputies from making arrests.
|
Full ruling attached:
__________________
"There are more instances of the abridgment of freedom of the people by gradual and silent encroachments of those in power than by violent and sudden usurpations"
James Madison
|
Ret10Echo is offline
|
|
10-07-2013, 15:24
|
#2
|
Quiet Professional
Join Date: Feb 2005
Location: Fayetteville
Posts: 13,080
|
State's Constitution
Must be something in their state's constitution since lawmakers passed a law..
I don't remember off hand but NC does have specified duties for elected Sheriff's and their Deputies - serving warrants and summons comes to mind.
I would think the deligated LEO duties would be the same for counties as it would be for cities.
Must be a turf war with the big city Chief's.
Edited to add - OK, I read the ruling. That was really pretty interesting. From that rulling I'd have to agree with the Judges. Still don't know what got everyone so we-weed up that they had to pass a law stripping powers Sheriffs had gathered over the yeras.
|
Pete is offline
|
|
10-07-2013, 16:10
|
#3
|
Quiet Professional
Join Date: Sep 2006
Location: Wilson,NC
Posts: 1,506
|
Sheriffs have traditionally been the only law enforcement officers in unincorporated areas of a given county. By taking powers of arrest away from them, those duties now have to be transferred to another state or municipal agency, most of which are cash strapped and have difficulties maintaining full manpower. Now, in Delaware at least, those other agencies will have to pick up the investigative and prosecutorial slack for those Sheriff's departments. This ruling makes the Sheriff's Department nothing more than a rent-a-cop agency that has the additional duties of being baby-sitters for the jails. It is a very bad idea, but seems to be in line with the current thought processes of today's Liberals. As with most of their brilliant ideas, it will blow up in their faces.
__________________
"Solitude is strength; to depend on the presence of the crowd is weakness. The man who needs a mob to nerve him is much more alone than he imagines."
~ Paul Brunton (1898-1981)
R.D. Winters
|
rdret1 is offline
|
|
10-07-2013, 16:21
|
#4
|
Area Commander
Join Date: Nov 2005
Location: Cochise Co., AZ
Posts: 6,175
|
They may be trying to establish precedent in order to challenge the western states' sheriffs who have said that they would arrest federal agents trying to enforce illegal federal laws.
Pat
__________________
"Hector Lives!"
"The limits of tyrants are prescribed by the endurance of those whom they oppress." -- Frederick Douglass
"The bigger the government, the smaller the citizen." -- Dennis Prager
"The urge to save humanity is almost always only a false-face for the urge to rule it." --H.L. Mencken
|
PSM is offline
|
|
10-07-2013, 16:24
|
#5
|
Quiet Professional
Join Date: Mar 2009
Location: 11 miles from Dove Creek, Colorady
Posts: 3,924
|
This is a political fight that has been going on for a while in Delaware. It's not over yet.
__________________
"...But if it be a sin to covet honour,
I am the most offending soul alive."
Shakespeare - Henry V
Lazy Bob Ranch
|
Utah Bob is offline
|
|
10-07-2013, 16:26
|
#6
|
Guerrilla Chief
Join Date: Apr 2010
Location: Texas
Posts: 830
|
This is the DE Supreme Ct. if has nothing to do with any other State. DE will reap what they have sown. Remember they have elected Joe Biden over and over as an example.
__________________
Oldrotorhead
|
Oldrotorhead is offline
|
|
10-07-2013, 17:54
|
#7
|
Quiet Professional
Join Date: Feb 2004
Location: State of Confusion
Posts: 5,746
|
Are firemen still allowed to extinguish flames ?
__________________
Opinions stated in this post are solely those of the author, and in no way reflect the opinions or policies of The Department of Defense, The United States Army, The Royal Canadian Mounted Police, The Screen Actors Guild, The Boy Scouts, The Good, The Bad, or The Ugly. These opinions are provided purely as overly sarcastic social commentary and are not meant to be used for mission planning or navigation.
"Make sure your own mask is secure before assisting others"
-Airplane Safety Briefing
|
Box is offline
|
|
10-07-2013, 18:12
|
#8
|
Quiet Professional
Join Date: Jun 2007
Location: Sneaking back and forth across the Border
Posts: 6,627
|
Quote:
Originally Posted by Billy L-bach
Are firemen still allowed to extinguish flames ?
|
Not on Federal property/lands..
|
SF_BHT is offline
|
|
10-07-2013, 18:17
|
#9
|
Quiet Professional
Join Date: Nov 2012
Location: Harrisburg, PA
Posts: 3,834
|
Quote:
Originally Posted by Billy L-bach
Are firemen still allowed to extinguish flames ?
|
Brilliant, simply brilliant.
__________________
Honor Above All Else
|
Trapper John is offline
|
|
10-07-2013, 19:00
|
#10
|
Quiet Professional
Join Date: Jan 2004
Location: Free Pineland
Posts: 24,779
|
The Constitution only recognized Sheriffs as LEOs, and as far as the Feds go, your Sheriff is your Chief LEO for your county.
TR
__________________
"It is not the critic who counts; not the man who points out how the strong man stumbles, or where the doer of deeds could have done them better. The credit belongs to the man who is actually in the arena, whose face is marred by dust and sweat and blood; who strives valiantly; who errs, who comes short again and again, because there is no effort without error and shortcoming; but who does actually strive to do the deeds; who knows great enthusiasms, the great devotions; who spends himself in a worthy cause; who at the best knows in the end the triumph of high achievement, and who at the worst, if he fails, at least fails while daring greatly, so that his place shall never be with those cold and timid souls who neither know victory nor defeat." - President Theodore Roosevelt, 1910
De Oppresso Liber 01/20/2025
|
The Reaper is offline
|
|
10-07-2013, 20:15
|
#11
|
Area Commander
Join Date: Aug 2007
Location: Page/Lake Powell, Arizona
Posts: 3,346
|
Sheriffs (shire-reeves) are probably the oldest law enforcement position in English common law.
Their powers predate the Constitution.
If you want to dig around online, there are PDF files of:
A Treatise On The Law Of Sheriffs Coroners And Constables With Forms by Walter H. Anderson.
Probably find it under a google search: Anderson on sheriffs volumes i and ii
Good stuff.
I have copies in iBooks.
Way too big to post here.
<edit>
Here we go: http://www.bcsbrigade.org/anderson-on-sheriffs.html
__________________
__________________
Waiting for the perfect moment is a fruitless endeavor.
Make a decision, and then make it the right one through your actions.
"Whoever watches the wind will not plant; whoever looks at the clouds will not reap." -Ecclesiastes 11:4 (NIV)
Last edited by GratefulCitizen; 10-07-2013 at 20:23.
|
GratefulCitizen is offline
|
|
10-08-2013, 10:10
|
#12
|
Guerrilla
Join Date: Dec 2008
Location: KEYSTONE STATE, Bucks County
Posts: 251
|
Delaware's Ruling
I think there is more to it, as mentioned. This being Delaware's ruling, the Federal courts may look to othis as a precedent to thwart other Law Enforcement Officials claiming they will uphold the Constitution in defiance of Federal actions.
There are only three counties in Delaware. The DE State Police have everything locked up as far as politics and retired jobs go.
Here in PA, in my town, we actually have a Constable. He and the Sheriff are the ONLY law enforcement officials elected by the People.
Also in PA, we have Chief Kessler, who I believe broke a cardinal rule in his efforts to get a foothold in politics. Defender of the Constitution, he made a video using township owned firearms, which the Liberals grabbed and went to task on. Not helping the situation is the PA Attorney General is a flaming Lib and defiantly goes against laws she does not like.
http://www.policeone.com/chiefs-sher...awaiting-fate/
It is interesting that the Feds are reacting to the efforts of the People to prevent further control. At some point, our oath to defend the Constitution will be weighed against the common question of supporting overthrow of the Gubmint.
By then, the definitions of legitimate government will weigh heavily.
__________________
Flag Day NCO
"Fundamental truths are our most powerful weapon and chief among those truths is the sanctity of the individual right to self-determination." Trapper John
The Cold War didn't end, communism still lives and has come to America.
The Insurgency is going well, especially with the enemy at the table of every branch of our Federal, State, and Local Government.
|
FlagDayNCO is offline
|
|
Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
|
|
Thread Tools |
|
Display Modes |
Linear Mode
|
Posting Rules
|
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts
HTML code is Off
|
|
|
All times are GMT -6. The time now is 00:23.
|
|
|