Sheriffs Bushwhacked

[osoab]

Sheriffs Bushwhacked (http://americanfreepress.net/?p=3590)



Delaware attorney general strips county sheriffs of 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.

Christopher tells AFP that the two administrations prior to his—as far back as 2000—began to notice a reduction in funding and the chipping away of powers of the office in general.

“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.

During an interview at the Las Vegas Sheriffs Conference in January, Christopher told AFP that the impotence of his office was brought home to him when he was hit in the eye and kicked by County Councilman Vance Phillips but was unable to arrest him.

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.”


Is this ruling saying that they are not corporate enforcers ultimately? This angle makes sense.

Why would the sheriff stand down anyway?

[midnight rambler]

wow

God bless him, I hope he continues to stand so it comes to a head

[Silver Rocket Bitches!]

The other two sheriffs won't stand up with him? Seems like this would affect them too.

[Glass]

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.” This is the key statement here. What they are saying is, Sheriffs are common law and that corporations like state police and municipal officers don't exist in the common law. It would also seem reasonable that sherrifs not be funded by corporations if corporations can't see them. The people in the county need to fund the Sheriff directly, possibly with lawful money.

the elimination of the common law is nearly complete.

[palani]

And everie Sherife is a Conservatour of the Peace, within his countie: as Judge Fineaux affirmed, 12 Hen. 7.17. and after him M. Fitzh. Nat. breau. Fol. 81. Where he saith, that the Sherife may (upon request made, and without any writ sent unto him) command a man to finde Suertie of the peace by Recognusance.

The sheriff always has the power to cause a man to find a surety bond in the name of peace.


Sherifes, arresting or Levying fine for Enditements in his turne
Loose fortie pounds

If any sherife, or other his minister, have arrested, or imprisoned, or caused any fine, or raunsome, or amerciament to be levied of any person by reason of any Enditement, or presentment made in the Sherifes turne, or lawday, without processe from the Justices of peace for the same first obtained: Or have not brought in such enditements and presentments to the Justices of the Peace, at their next sessions, 1.E.4.cap.2
You can lien up a sheriff if he does arrest you without indictment.



Sherife must shew the Escheats under the Eschequer Seale
Fine to the king, treble damages to the partie

If any Sherife or his Minister have levied any the debts of the Queen, without shewing to the parties the Estreates of the same, under the seale of the Eschequer, 43.E.3.cap.9. & 7.H.4.cap.3.
If the sheriff happens to seize your property for non-payment of property tax you might ask the sheriff to show you the estreates (paperwork?) UNDER THE SEAL OF THE ESCHEQUER court (you won't find any though).


Enditement before Sherifes

Furthermore, whereas Sherifes (and their Bailifes) used to arrest men, and to proceed upon enditement found in their Turnes , or Lawdaies: another Statute (made 1.Ed.4.cap.2.) wringeth that power out of their hands, and delivereth it over to the Justices of the Peace also: appointing them to proceed upon them, as if they had beene found before themselves.

Should there be a riot it is the Justice of the Peace that is called to record the events ... they and the sheriff are to record the events for later action. The sheriff doesn't have a court any more so his ability to arrest has been curtailed.

The sheriff has no authority to arrest anyone except on process issued from some court. He can still take a recognizance bond for the sake of keeping the peace.

[mamboni]

The sheriff always has the power to cause a man to find a surety bond in the name of peace.


You can lien up a sheriff if he does arrest you without indictment.



If the sheriff happens to seize your property for non-payment of property tax you might ask the sheriff to show you the estreates (paperwork?) UNDER THE SEAL OF THE ESCHEQUER court (you won't find any though).



Should there be a riot it is the Justice of the Peace that is called to record the events ... they and the sheriff are to record the events for later action. The sheriff doesn't have a court any more so his ability to arrest has been curtailed. He can still take a recognizance bond for the sake of keeping the peace.

Palani:

Please again, in English. It is still the official language of GSUS.

[palani]

Palani:

Please again, in English. It is still the official language of GSUS.

Unfortunately the ability to read English has been lost through the ages.

The sheriff has no intrinsic authority to arrest anyone. His is somewhat a ceremonial position. He does what any court tells him to do (he has no discretion to not do something or to do something when he is not told to). He charges the court for the service. As he is the highest law enforcement officer in a county then NONE of the other law enforcement officers have more authority than the sheriff and if HE doesn't have the authority to arrest then none of them possess this authority.

[mamboni]

Unfortunately the ability to read English has been lost through the ages.

The sheriff has no intrinsic authority to arrest anyone. His is somewhat a ceremonial position. He does what any court tells him to do (he has no discretion to not do something or to do something when he is not told to). He charges the court for the service. As he is the highest law enforcement officer in a county then NONE of the other law enforcement officers have more authority than the sheriff and if HE doesn't have the authority to arrest then none of them possess this authority.

Ahhhhh, much better. This English-speaking troglodite thanks you.

[palani]

Ahhhhh, much better. This English-speaking troglodite thanks you.

Rather than dwell upon what he cannot do this sheriff would do far better to concentrate upon the authority of actions that he can do. He can certainly insist upon those recognizance bonds as a surety that the peace shall be maintained. My recommendation is that he start with the Governor and Attorney General.

[palani]

Interested in who might be the principal conservators of peace in any county?


The Coroners (saith Britton, sol.3)be principall Conservators of the Peace within their counties

Bet you didn't see that one coming!!!

[mamboni]

Interested in who might be the principal conservators of peace in any county?



Bet you didn't see that one coming!!!


Coroners? Hmmmmm

[General of Darkness]

Interested in who might be the principal conservators of peace in any county?



Bet you didn't see that one coming!!!

So he can arrest dead people? LMMFWAO.

[palani]

So he can arrest dead people? LMMFWAO.

The coroner has primary investigation on the practice of putting stoned horses (under 15 handfuls) in forests and wastelands.


Coroners
Stoned horses

Such an one is the statute provided for the true making of Tiles, 17.E.4.ca.4. Such an other is the Statute made for the examination of offences done by Coroners 1.H.8.ca.7. And such an other also is the statute ordained for the examination of putting into Forrests or Wastes any stoned horses being under the height of fifteene handfuls, 32.H.8.ca.13.
If you want sanctuary best get ahold of the coroner.


All Constables and other the said Officers, must bee attendant upon Coroners, for the adjuring and conveying of such persons, as shall take the Curchyard as a Sanctuarie, for safegard of their lives, by occasion of any Felonie by them done.

And if your sheriff has a problem you want corrected the office of coroner is the one who is going to correct him.

The coroner is the keeper of the jail when the sheriff is in jail.

When there is no coroner assigned (as in a system where medical examiners are in place) then his constitutional duties are transferred to the clerk of court.

The coroner exercises the powers of the sheriff when there is no sheriff.

The coroner is to serve and exercise process when the sheriff is party to the action.

[gunDriller]

So he can arrest dead people? LMMFWAO.

well, he has to see them first. so he has Haley Joel Osment on Speed-Dial. (the actor in that movie The Sixth Sense.)

[midnight rambler]

Interested in who might be the principal conservators of peace in any county?



So what exactly are the responsibilities of a 'conservator of the peace' and can a duly sworn 'conservator of the peace' be held personally liable (sued) for failing to carry out his/her duty as a 'conservator of the peace'?

[palani]

So what exactly are the responsibilities of a 'conservator of the peace' and can a duly sworn 'conservator of the peace' be held personally liable (sued) for failing to carry out his/her duty as a 'conservator of the peace'?


Conservator of the peace

At the common Law therefore, and before the time of King Edw. The third, there were sundrie persons that had interest in the keeping of the Peace. Of those, some hath that charge as incident to other Offices which they did beare, and so included within the same, that they were nevertheless called by the names of their other Offices only: Some others had it simply, as of it selfe, and were thereof named Custodes pacis, Wardens or Conservators, of the peace.


The other Officers

Againe, of these that had charge over the peace, by the dignitie of their Offices, some had that power over all the Realme, and some others had it within certaine limites only: and both these sorts after a divers manner of dispensation, as in particularitie it shall appeare.

The Queenes majestie then is (by her office and dignitie royall) the principal Conservator of the peace within her dominions, and may give authoritie to others to see the peace kept, and to punish such as shall breake the same. But a Duke, Earle, or Baron, be no Conservators of the Peace: because those be no titles of Office, but of dignitie only, as saith Marrow.

The Lord Chancellor (or Lord Keeper of the great Seale) the Lorde Steward of England, the Lord

[12 CAP 3]

Lord Marshall and Constable of England, and everie Justice of the Kings Bench, have (clothed in their offices) a credit for conservation of the peace ofer all the realme, and may award precepts, and take Recognusances, for the peace, Marow and Fitzherbert, And (by good opinion) the Lorde Treasurer of England may well bee added to the same number.

The master of the Rolles also (by the judgement of M. Marrow) is a general Conservator of the peace by his Office. But he maketh processe and taketh Recognusances thereupon, not as incident to his office, but by prescription.

The Justices of the Common Place, a Barons of the Eschequer, be Conservators within special places only: that is to say, within the precincts of their severall Courts: so also the Justiceds of Assises may award a man to prison that breaketh the peace in their presence, and they may command the keeping of the peace under a paine, and that weapons be taken from the Jurors or Witnesses that appeare before thẻ, if any complaint be thereupon made: But as they be merely Justices of Assise, they can neither take Suertie of the peace, nor award any processe for it, Marrow.

The Justices of Gaole deliverie, may take suertie for the peace of a prisoner before them, that was committed for not finding surety of the peace. Marrow.


As to holding their feet to the fire I would suggest administrative procedure. Strong chances are they are going to ignore your notice so just send fault and default and then lien them up. Another approach is to go after their bond but then they seem to ignore this requirement these days. Still another approach is to send a bill to the risk management officer for the state or county and go after liability insurance.

Best have lots of witnesses and sworn affidavits although this is not a hard and fast rule with the administrative procedure route. Their agreement by silence is worth it's weight in gold.