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No arrest authority for Sheriffs
Old 10-07-2013, 15:56   #1
Ret10Echo
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Question 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:
Attached Files
File Type: pdf 201-2013.pdf (369.6 KB, 17 views)
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State's Constitution
Old 10-07-2013, 16:24   #2
Pete
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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.
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Old 10-07-2013, 17:10   #3
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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.
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Old 10-07-2013, 17:21   #4
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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
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Old 10-07-2013, 17:24   #5
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This is a political fight that has been going on for a while in Delaware. It's not over yet.
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Old 10-07-2013, 17:26   #6
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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.
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Old 10-07-2013, 18:54   #7
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Are firemen still allowed to extinguish flames ?
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Old 10-07-2013, 19:12   #8
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Quote:
Originally Posted by Billy L-bach View Post
Are firemen still allowed to extinguish flames ?
Not on Federal property/lands..
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Old 10-07-2013, 19:17   #9
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Quote:
Originally Posted by Billy L-bach View Post
Are firemen still allowed to extinguish flames ?
Brilliant, simply brilliant.
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Old 10-07-2013, 20:00   #10
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The Constitution only recognized Sheriffs as LEOs, and as far as the Feds go, your Sheriff is your Chief LEO for your county.

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Old 10-07-2013, 21:15   #11
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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
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Last edited by GratefulCitizen; 10-07-2013 at 21:23.
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Delaware's Ruling
Old 10-08-2013, 11:10   #12
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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.
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