East Coast Attempts to Strip County Sheriffs Authority!

[Kutnupe14]

There is some confusion... I looked at the brief filed by the sheriff and it seems that at one time the sheriffs of Delaware had police powers.

But the police powers were not removed under this particular sheriff's watch.

The state is claiming that arrest powers of the sheriff has been absent for decades!

That said I still contend that the undermining of a Sheriffs power, even if it happened decades ago, is not a good thing for freedom. But from the east coast we can expect no less!

I read Huffington post with a grain of salt, using it to get a grasp for the liberal viewpoint.

I looked into this a bit more, and the Sheriff's haven't been making arrests since the 1970s. They actually gave way to local mucipalities to conduct law enforcement.
That said, it's unfair to say the sheriff has been "stripped," from using a power they voluntarily gave up decades ago.
Should an elected sheriff have department that has deputies with arrest powers? Sure, it makes sense, but in this particular case, this seems more like a guy who want more power, than a guy who's looking out for public interest.
If the Sussex Co Sheriff's Department has 6/7 deputies, what is he actually seeking to do? What are 6 or 7 guys going to do serving over 200,000 people? To effectively police the area, there is going to be a massive bill attached to increasing the force.... or he's going to want to be named over a number of existing LE agencies, which I assure you, will lead to a lengthy and costly legal battle. Delaware sheriffs, are pretty much glorified servers of legal paperwork, so I imagine that not many people pay attention to during the elections.
If by chance, they are found to have arrest powers, there should be an immediate emergency election, so that people could put into place the person who they think is best for the job as "Top Cop." I'm willing to bet the "current" sherrif wouldn't exactly like that idea.

 

[Prometheus]

Kutnupe-

The sheriff derives their power from the people. A sheriff doesn't have the authority to cede that power to anyone else.

In theory the voters could have done it, but one sheriff couldn't lessen the next sheriffs powers. That authority isn't theirs to give away.

The current sheriff needs to simply say "as a duly elected sheriff I have this power. Period." Not go begging for something they already have.

 

[bluegrassrules]

In Indiana the Sheriff should have state constitution enumerated powers.
County Sheriff's are elected and should be the top law enforcement offical in every county, should be able to trump town and city "Appointed" chiefs of police. There in not public oversight with appointed law enforcement.
Cheers

 

[Kirk Freeman]

What is this INGO hysteria and a county Sheriff?

Is there some gun show chick tract that I have not read?

The Sheriff's authority is derived from the law. The law of each state is different.

I think some on INGO think a Sheriff is some sort of UberMagistrate or something.

Where is this stuff coming from? Help please.

 

[Kirk Freeman]

County Sheriff's are elected and should be the top law enforcement offical in every county, should be able to trump town and city "Appointed" chiefs of police.

The other county Chief Law Enforcement Officer may have a different opinion.

County Sheriff's are elected and should be the top law enforcement offical in every county,

Who is tellin you this? What did you read to lead you to this opnion?

 

[2ndAmendmentdefender]

"Guard with jealous attention the public liberty. Suspect everyone who approaches that jewel. Unfortunately, nothing will preserve it but downright force. Whenever you give up that force, you are inevitably ruined" (Patrick Henry, 3 J. Elliot, Debates in the Several State Conventions 45, 2d ed. Philadelphia, 1836)

The Sheriff dates back to pre-America history and originates in feudal England. The Founding Fathers adopted that system in US although it is not specifically enumerated in the Constitution. Each state determines the authority of the sheriff, and most states with a established sheriff confers arrest powers to the sheriff who is elected by the people! The exceptions are Delaware(liberals changed it 30 years ago) and now Pennsylvania (liberals changed it 2011).

The Sheriff swears an oath to defend the Constitution of the State and the US Constitution.

This is his authority...... period!

I have seen numerous Sheriffs across the Nation stand up and proclaim that they will defend your rights under the Constitution of the Uniited States. In my eyes and in the face of what I perceive as encroaching tyranny from the federal government, I repect and support that.

I have yet to see any federal agent from Home Land Security, TSA, VIPRE, FBI, CIA or from any of the myriad militarized police agencies take the position that they are defenders of the Constitution!

Maybe some people think that this stance of defending the Constituton against tyranny is something to mock and ridicule. I don't.

I see these men as patriots attempting to execute their sworn duty to the US Constitution and therefore to WE the People.

I salute them!

To further educate the mockers and ridiculers here is a link to quotes from our Fathers and other Free men throughout history, this is the authority that all Men have to secure their Liberty!

http://www.godseesyou.com/2nd_amendment_quotes.html

 

[Kirk Freeman]

The Sheriff swears an oath to defend the Constitution of the State and the US Constitution.

As does every other law enforcement officer.

So, the Sheriff is seen as some sort of Deus ex Machina by some on the Right? Is this correct? Some sort of last ditch savior?

Is there a website that is directing the flow on this Sheriff thing?

 

[Rocket]

As does every other law enforcement officer.

So, the Sheriff is seen as some sort of Deus ex Machina by some on the Right? Is this correct? Some sort of last ditch savior?

Is there a website that is directing the flow on this Sheriff thing?

I believe the point is that no other LEO group has stood up to proclaim their allegiance to the Constitution. The President and Congress swear to uphold the Constitution, but many of them are not doing that. Hense the support for our Sheriffs.

 

[Fargo]

The Sheriff dates back to pre-America history and originates in feudal England. The Founding Fathers adopted that system in US although it is not specifically enumerated in the Constitution. Each state determines the authority of the sheriff, and most states with a established sheriff confers arrest powers to the sheriff who is elected by the people! The exceptions are Delaware(liberals changed it 30 years ago) and now Pennsylvania (liberals changed it 2011).

l

Before you get too carried away, you should maybe look into what arrest powers a sheriff had at common law and at the time this country came into existence.

They were nothing like what you seem to think they are and were generally limited to service of an arrest warrant issued by a magistrate or justice of the peace.

Heck, sheriffs at common law almost never even did that because tax enforcement was way more lucrative; constables were the primary law enforcement acting at the direction of the justice of the peace.

Arrest powers of LEO's at the time of this countries founding were way more limited than today and generally consisted of warrant service.

The below link is a good place to start understanding what a sheriff and constable were at common law:

http://www.wilco.org/CountyDepartments/Constables/HistoryoftheConstable/tabid/564/Default.aspx

see also pg 617 of the Encyclopedia of Police Science, vol 1 by Jack Greene

Best,

Joe

 

[Kirk Freeman]

Ah, Fargo, glad you are here.

So, what is the Sheriff stuff all about? Is this some bleed over from the Posse scribblings of the 1980s? More false hope repackaging?

 

[Kirk Freeman]

So, tell me this all you who believe that the Sheriff is some sort of deus ex machina--what do you do where county government has been abolished, as in Connecticut or counties such as in Missouri that have abolished the Sheriff?

 

[Fargo]

Ah, Fargo, glad you are here.

So, what is the Sheriff stuff all about? Is this some bleed over from the Posse scribblings of the 1980s? More false hope repackaging?

I think it originates from some Sheriffs being very public members of Oath Keepers; that seems to be where it started. Following that (and maybe even prior), a few (mostly western) Sheriffs published stuff saying they refused to assist the feddies and would obstruct to the extent possible on a fair amount of the stupid stuff the feddies like to do when bored and lacking adult supervision. (Raw milk raids, Hutaree shenanigans, Roger Clemens, Reddit founders...) I think a few came out last week vowing not to enforce federal gun control; although I don't know any that ever did to begin with.

That, truly ironically, seems to have snowballed into a really romanticized notion of the what constitutes the office of what has historically been the chief tax collector/gaoler of the county.

Of course the meglomaniac out in Phoenix doesn't help things. I personally think a good sheriff is great, and crappy ones are really crappy. Unsurprisingly, that is the same view I have of most all LEO's/gov't officials; with certain noted exceptions like the IRS who seem to most all be crappy.

Best,

Joe

 

[Kirk Freeman]

This is what the Sheriff does in Indiana. He is the hands and muscle of the Courts.

This is defined at law and can be modified by law.

IC 36-8-10-9
Powers and duties of members of department
Sec. 9. (a) Each member of the department:
(1) has general police powers;
(2) shall arrest, without process, all persons who commit an offense within his view, take them before the court having jurisdiction, and detain them in custody until the cause of the arrest has been investigated;
(3) shall suppress all breaches of the peace within his knowledge, with authority to call to his aid the power of the county;
(4) shall pursue and commit to the jail of the county all felons;
(5) may execute all process directed to the sheriff by legal authority;
(6) shall attend upon and preserve order in all courts of the county;
(7) shall guard prisoners in the county jail;
(8) shall serve all process directed to the sheriff from a court or from the county executive according to law; and
(9) shall take photographs, fingerprints, and other identification data as shall be prescribed by the sheriff of persons taken into custody for felonies or misdemeanors.

 

[MP43]

The ears don't look right.

Yes they do!! Handles that is!!!

 

[Kirk Freeman]

That, truly ironically, seems to have snowballed into a really romanticized notion of the what constitutes the office of what has historically been the chief tax collector/gaoler of the county.

Yes, I am having a tough time wrapping my head around how in downtown Wookieville, INGO, the jailer and bag man for The Man became the Defender of America, Baseball, Apple Pie and Mom.

The Sheiff is nothing more than the courts' muscle and sinew.

 

[Fargo]

Yes, I am having a tough time wrapping my head around how in downtown Wookieville, INGO, the jailer and bag man for The Man became the Defender of America, Baseball, Apple Pie and Mom.

The Sheiff is nothing more than the courts' muscle and sinew.

Don't forget designated enforcer of tax warrants!!!

 

[HeadlessRoland]

"Support your local law enforcement and keep them independent!" - John Birch Society

 

[RockofStrength]

Yes, I am having a tough time wrapping my head around how in downtown Wookieville, INGO, the jailer and bag man for The Man became the Defender of America, Baseball, Apple Pie and Mom.

The Sheiff is nothing more than the courts' muscle and sinew.

Because the sheriff answers to his community. Some BATF moron rolls in and he can throw you into a Bureaucratic nightmare that will destroy your life. The sheriff can attempt the same at the local level, but short of having a strong outside influence (grant money, heavy State hand etc) they answer to the people they serve.

 

[Fargo]

Because the sheriff answers to his community. Some BATF moron rolls in and he can throw you into a Bureaucratic nightmare that will destroy your life. The sheriff can attempt the same at the local level, but short of having a strong outside influence (grant money, heavy State hand etc) they answer to the people they serve.

Sure you have more control over local authorities than state or feddies, but that in no way canonizes them.

IME, local government is far more likely to get involved in your life than anybody else.

Best,

Joe

 

[Kirk Freeman]

Don't forget designated enforcer of tax warrants!!!

Yes, said so as I mentioned bag man. Or, is that more an English term?

Because the sheriff answers to his community.

So does the county health board that sets ordinances regarding throwing trash in your lawn. But just look at all the running around the conference table that those ordinances cause on INGO.

Who is prosecuting the Connorsville PD officer who kept the deer? Would that be some sort of county official or another? Fargo? Cobber? Would you guys happen to know who is prosecuting that case? Some sort of ATF bureaucrat no doubt, right?

IME, local government is far more likely to get involved in your life than anybody else.

Because they live next door to you and can make your life absolutely miserable.