the power of the sheriff... join the fight

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  • phylodog

    Grandmaster
    Rating - 100%
    59   0   0
    Mar 7, 2008
    19,673
    113
    Arcadia
    The Sheriff is the only elected law enforcement officer. Chosen by the people to enforce the law. Chiefs of police, including the Superintendent of the State Police, are appointed and therefore do not technically "answer" to the voters.

    Technically the Prosecutor fits the legal definition of a LEO and is elected but their responsibilities aren't the same.
     

    bw8755

    Marksman
    Rating - 0%
    0   0   0
    Apr 12, 2008
    157
    16
    South Bend
    The Fed/POTUS can't order the sheriff to do anything. So, he can choose to not obey an unlawful order, and if he has the backbone, stop the execution of such by the fed agent. And yes, the Sheriff is the Chief Law Enforcement Officer of the county, for reasons mentioned above.

    See the Sheriff Printz & Mack vs. US (under Clinton admin). SCOTUS ruling in favor of the sheriffs (which occurred in the last AWB). Separation of powers prevents the fed from ordering local authorities around.

    Printz v. United States - Wikipedia, the free encyclopedia

    In practical terms, local law will comply with or at least not prevent the Feds from carrying out law enforcement as most issues would be lawful, and thus no objection. It is being brought to the national attention due to the unconstitutional nature of the subject matter.

    That's my IANAL answer.
     
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