AG Beau BIDEN, Mandates That Sheriffs No Longer Have Arrest Powers

By Pat Shannan

Sheriff Jeff Christopher of Sussex County, Delaware, when he was elected to the office in 2010, thought he was handpicked by the people to represent them as the highest-ranking law officer in the county. Instead, he has found himself in the middle of a fight for the future of American law enforcement as a result of a nationwide effort to abolish the sheriff’s office altogether.

It is one more example of federal and state governments ignoring the will of the people as well state laws. In the case of Delaware, the state’s own constitution stipulates that the office of the sheriff is a constitutionally created position just like the secretary of state and the attorney general. Delaware’s Constitution states: “The sheriffs shall be conservators of the peace within the counties . . . in which they reside.”

This time it is Delaware Attorney General Beau Biden, son of Vice President Joe Biden, sending out mandates to commissioners informing them that their sheriffs no longer have arrest powers. In an opinion released Feb. 24, State Solicitor L.W. Lewis said that neither the state nor the common law grants arrest powers to the county sheriffs.

It would appear that Lewis is a little confused. The office of sheriff was created more than a century before the official founding of the United States. Delaware’s first sheriff took office in 1669.

“Now my deputies and I have been relieved of all arrest powers and can’t even make a traffic stop,” he said. “Delaware has only three counties. . . The other two sheriffs . . . will not stand up with me” to prevent the elimination of county law enforcement, he said.

Beau Biden’s questionable ruling against the longtime tradition of the sheriff being the highest ranking law enforcement officer in the county because of election by the people means the state’s usurpation of the office appears to be a forthcoming fact.

County spokesman Chip Guy announced, “The opinion from the attorney general’s office reinforces what has long been the position of the county [that] Delaware sheriffs and their deputies do not have arrest powers and are not in the same vein as state police or municipal officers.”
http://www.teapartytribune.com/2012/04/0...-arrest-powers/

The major problems the Marxists have here with this attempt to undercut Sheriffs is one, an AG opinion carries no legal weight, its only advisory, and 2 the sheriffs have had police powers since before the AG's office was created, to say otherwise opens up every conviction in the state's history where a sheriff arrested a criminal.

Does the sheriff have any recourse to keep his power?

The issue is prosecution. Normally the AG is the head prosecutor. So the mandate here is to not prosecute anybody arrested by the Sheriff. Its a legal issue and more then likely will be in front of the court soon by a criminal who was convicted who was also arrested by the Sheriffs dept. At which time the AG will have to vacate the conviction or defend the Sheriff's ability to arrest under the common law and official Job description.

Why is there such a rush to get rid of the Sheriffs dept??

Sheriffs are resisting the Gun Grabbers publicly. This is Biden's son here.

Quote: Olivia wrote in post #3

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Does the sheriff have any recourse to keep his power?

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Quote: Mechanicos wrote in post #6

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Sheriffs are resisting the Gun Grabbers publicly. This is Biden's son here.

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Quote: Mechanicos wrote in post #1

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AG Beau BIDEN, Mandates That Sheriffs No Longer Have Arrest Powers

By Pat Shannan

Sheriff Jeff Christopher of Sussex County, Delaware, when he was elected to the office in 2010, thought he was handpicked by the people to represent them as the highest-ranking law officer in the county. Instead, he has found himself in the middle of a fight for the future of American law enforcement as a result of a nationwide effort to abolish the sheriff’s office altogether.

It is one more example of federal and state governments ignoring the will of the people as well state laws. In the case of Delaware, the state’s own constitution stipulates that the office of the sheriff is a constitutionally created position just like the secretary of state and the attorney general. Delaware’s Constitution states: “The sheriffs shall be conservators of the peace within the counties . . . in which they reside.”

This time it is Delaware Attorney General Beau Biden, son of Vice President Joe Biden, sending out mandates to commissioners informing them that their sheriffs no longer have arrest powers. In an opinion released Feb. 24, State Solicitor L.W. Lewis said that neither the state nor the common law grants arrest powers to the county sheriffs.

It would appear that Lewis is a little confused. The office of sheriff was created more than a century before the official founding of the United States. Delaware’s first sheriff took office in 1669.

“Now my deputies and I have been relieved of all arrest powers and can’t even make a traffic stop,” he said. “Delaware has only three counties. . . The other two sheriffs . . . will not stand up with me” to prevent the elimination of county law enforcement, he said.

Beau Biden’s questionable ruling against the longtime tradition of the sheriff being the highest ranking law enforcement officer in the county because of election by the people means the state’s usurpation of the office appears to be a forthcoming fact.

County spokesman Chip Guy announced, “The opinion from the attorney general’s office reinforces what has long been the position of the county [that] Delaware sheriffs and their deputies do not have arrest powers and are not in the same vein as state police or municipal officers.”
http://www.teapartytribune.com/2012/04/0...-arrest-powers/

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Quote: Mechanicos wrote in post #6

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Sheriffs are resisting the Gun Grabbers publicly. This is Biden's son here.

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Monsters like BB used to be dealt with via the use of a length of strong rope and a sturdy lamp post.

Quote: FP123 wrote in post #11

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Monsters like BB used to be dealt with via the use of a length of strong rope and a sturdy lamp post.

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Big deal. Sheriffs in PA don't have any real power. They function as an arm of the govt' to serve official notices and to shuffle prisoners around. Every jurisdiction has an official police force to handle arrests and legal violations.

Quote: Mechanicos wrote in post #6

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Sheriffs are resisting the Gun Grabbers publicly.

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Quote: Frank Cannon wrote in post #13

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Big deal. Sheriffs in PA don't have any real power. They function as an arm of the govt' to serve official notices and to shuffle prisoners around. Every jurisdiction has an official police force to handle arrests and legal violations.

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Zitat

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The office of sheriff has a long and noble history. It dates back over a thousand years and originated in England. The sheriff is the only elected law enforcement official in America. He is the last line of defense for his citizens. He is the people's protector. He is the keeper of the peace, he is the guardian of liberty and the protector of rights. A vast majority of sheriffs will agree with all of this until they are asked to apply these principles of protection to federal criminals. Their backpeddling and excuses will be more plentiful than radar tickets and louder than sirens at doughnut time. Most of the unbelievers, who themselves have taken a solemn oath to "uphold and defend" the U S Constitution, will passionately and even apologetically exclaim that they have no authority or jurisdiction to tell federal agents to do anything, let alone stop them from victimizing local citizens. The truth and stark reality is that it's just the opposite; the sheriff has ultimate authority and law enforcement power within his jurisdiction. He is to protect and defend his citizens from all enemies, both "foreign and domestic."

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Much more at: Constitutional Law Enforcement Association
(You need to ZOOM in a few times to read it though, for some reason they use much too small of a font.)

There are other resources available, all should check them out. Constitutional Sheriffs are very important as a last line of defense. I was not surprised to see an article like this as I have been waiting for them to begin to move against Sheriffs. BTW, I had two rather lengthy face to face discussions with Sheriff Mack on this very issues over the past few years, he is serious about this movement. (Here is another resource with a lot of letters, videos, and commentary from these Sheriffs: Constitutional Sheriffs