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Link Posted: 8/2/2012 4:43:05 PM EDT
[#1]
Quoted:
Quoted:

Quoted:
The Feds can arrest any Sheriff in the country.

So where does this misnomer come from? Is it old English law or written and challenged in state constitutions?
 


Probably a  mix of urban legend and Soverign Citizens talking points, like their "fringed flag" babble


No, it's true.  At least here in the South.  It's written into the general statutes and it was made very clear to us in the Academy.
Link Posted: 8/2/2012 5:17:33 PM EDT
[#2]
Quoted:

Quoted:


He is the chief STATE LEO.

He can ask the Feds to leave until he turns blue, all they are gonna do is laugh at his dumb ass or bust him even.

Actually, in my academy classes the exact wording was and still is: Chief Executive Law Enforcement Officer of the county.

Probably explains why I get calls all the time from all the fed agencies reporting their operations and locations, every night.

This is Arizona and we have Sheriff Joe.

 


No they call because it's common courtesy, common sense unless OPSEC, and for deconfliction. Not to "report" in the the Sheriff.
Link Posted: 8/2/2012 5:19:34 PM EDT
[#3]
Arrest and announce the manner of his death...
 
Link Posted: 8/2/2012 5:38:48 PM EDT
[#4]
Quoted:
Actually in South Carolina the coroner is the one to arrest the sheriff.  

SECTION 23-15-120. Coroner to serve or execute process on sheriff in certain circumstances.

If the sheriff shall be a party plaintiff or defendant in any judicial process, execution, warrant, summons or notice to be served or executed within his county, the coroner shall serve or execute such process, execution, warrant, summons or notice. In the discharge of such duties he shall incur such liabilities as would by law attach to their performance by the sheriff himself.

HISTORY: 1962 Code Section 53-205; 1952 Code Section 53-205; 1942 Code Sections 3477, 3566; 1932 Code Sections 3477, 3566; Civ. C. '22 Sections 2026, 2111; Civ. C. '12 Sections 1140, 1290; Civ. C. '02 Sections 824, 892; G. S. 646, 712; R. S. 707, 763; 1785 (7) 215; 1839 (11) 78.


Link


That statute exists because normally the Sheriff would be the one serving process within his county, and, well, obviously he can't serve himself. Not because the coroner is the ONLY one who can "arrest" the Sheriff, and the wording of the statute doesn't exclude others from doing it. It just says the coroner has a duty to serve the Sheriff.
Link Posted: 8/2/2012 5:52:33 PM EDT
[#5]
If the Feds can arrest the Sheriff, who can arrest the Feds?



The AG ? But who arrests the AG ? Oh Wait...................





 
Link Posted: 8/2/2012 5:53:00 PM EDT
[#6]
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Quoted:
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a sheriff can arrest the president if he breaks the law in his county

 


And Joe Blow citizen can arrest the county Sheriff for a felony or offense against public order committed in his presence


What if he resists arrest by arresting you back.


Then you'd have no choice but to double-dog arrest him...


I wear gold-fringed chaps.  He's fucked.
Link Posted: 8/2/2012 5:56:10 PM EDT
[#7]



Quoted:


In Connecticut we have no Sherriff's or coroners. In fact, we have no county government whatsoever.


There's no room for a county, the state is too small According to a list I found in Wikipedia, there are 47 counties in the US that are larger than your state.



 
Link Posted: 8/2/2012 5:57:27 PM EDT
[#8]
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Feds can arrest a sheriff. However locally on the coroner is the only local LE that can arrest the sheriff.


Same here.


Is the coroner normally also a sworn/trained leo?
Link Posted: 8/2/2012 6:02:07 PM EDT
[#9]
this must be some more libertarian bullshit about sheriffs


GR
Link Posted: 8/2/2012 6:03:18 PM EDT
[#10]
Quoted:

Quoted:
In Connecticut we have no Sherriff's or coroners. In fact, we have no county government whatsoever.

There's no room for a county, the state is too small According to a list I found in Wikipedia, there are 47 counties in the US that are larger than your state.
 


They have counties. I lived in Fairfield County.
Just no sheriff etc.
Link Posted: 8/2/2012 6:05:13 PM EDT
[#11]
Quoted:
Quoted:

Quoted:


He is the chief STATE LEO.

He can ask the Feds to leave until he turns blue, all they are gonna do is laugh at his dumb ass or bust him even.

Actually, in my academy classes the exact wording was and still is: Chief Executive Law Enforcement Officer of the county.

Probably explains why I get calls all the time from all the fed agencies reporting their operations and locations, every night.

This is Arizona and we have Sheriff Joe.

 


No they call because it's common courtesy, common sense unless OPSEC, and for deconfliction. Not to "report" in the the Sheriff.




please stop. It will deflate the idea some have that the sheriff is king


GR
Link Posted: 8/2/2012 6:06:46 PM EDT
[#12]
Our Sherriff IS the Coroner....weird, but true.

http://www.ocgov.com/ocgov/Sheriff-Coroner%20-%20Sandra%20Hutchens

And female and a gun grabber.
Link Posted: 8/2/2012 6:11:24 PM EDT
[#13]
Quoted:
Quoted:
Quoted:
Feds can arrest a sheriff. However locally on the coroner is the only local LE that can arrest the sheriff.


Same here.


Is the coroner normally also a sworn/trained leo?



Not in Alabama... but then, the sheriffs position doesn't call for being a sworn/trained LEO either. You do not have to be certified for either position. Just have the school required, and get enough votes. The same also applies to the AG.
Link Posted: 8/2/2012 9:38:12 PM EDT
[#14]
There are some interesting notions, misconceptions and accusations of conspiracies floating around in this thread. I suppose that all of the discussion of common law by sovereign citizen types has tainted the topic a bit. But whatever perceptions people have of common law today, thanks to the gold fringed flag crowd, aren’t really relevant to the historical origins of this legal peculiarity.

If I recall correctly, the Coroner goes back to medieval England. Sheriffs were elected / anointed locally and were often corrupt or simply members of the good old boys club. In order to exercise more centralized control and reduce corruption the king imposed a system of appointed coroners to act as his johnny on the spot. My English history professor described the origin of the word as “crowner” implying their purpose; he also described the coroner as the only person empowered to arrest the sheriff.

After the revolution we inherited common law through reception statutes and precedent. Of course much of it has been modified or swept up into code law today and I am unsure of its exact status. My perusing of Pollock and Maitland on the History of English Law for class didn’t cover very many recent occurrences.

Ask a lawyer, not a history major, if you want to know about it today.

TLDR: Relic from English medieval law, modern relevance varies by jurisdiction, feds arrest anyone they want etc.
Link Posted: 8/2/2012 9:40:27 PM EDT
[#15]
Gommer Pyle did it.....it was on national tv.  No wait, he arrested Barney.
Link Posted: 8/2/2012 10:24:40 PM EDT
[#16]
Link Posted: 8/2/2012 11:21:54 PM EDT
[#17]
Quoted:

When our sitting sherrif died several years ago, the coroner was the acting head of county LE until the County Board made an interim appointment.


Around here that would fall to the Undersheriff.
Link Posted: 8/3/2012 3:35:05 AM EDT
[#18]



Quoted:





Quoted:

The Feds can arrest any Sheriff in the country.


Yup  


The only person within the County Government that can arrest the Sheriff is the Coroner, it's an old statute that dates back to when FLE consisted of US Marshals often far removed and State Agencies had not been formed. I's generally not applicable today.

 
Link Posted: 8/3/2012 4:17:21 AM EDT
[#19]
Quoted:

Quoted:


He is the chief STATE LEO.

He can ask the Feds to leave until he turns blue, all they are gonna do is laugh at his dumb ass or bust him even.

Actually, in my academy classes the exact wording was and still is: Chief Executive Law Enforcement Officer of the county.

Probably explains why I get calls all the time from all the fed agencies reporting their operations and locations, every night.

This is Arizona and we have Sheriff Joe.

 


Okay, of the county.

Feds don't have to report shit to you guys.
Link Posted: 8/3/2012 4:20:17 AM EDT
[#20]




Quoted:



Quoted:





Quoted:





He is the chief STATE LEO.



He can ask the Feds to leave until he turns blue, all they are gonna do is laugh at his dumb ass or bust him even.



Actually, in my academy classes the exact wording was and still is: Chief Executive Law Enforcement Officer of the county.





Probably explains why I get calls all the time from all the fed agencies reporting their operations and locations, every night.






This is Arizona and we have Sheriff Joe.







Okay, of the county.



Feds don't have to report shit to you guys.




They don't have to, but they generally do to keep their investigations from getting even more fucked up than they already are or a major blue on blue clusterfuck.
Link Posted: 8/3/2012 4:27:31 AM EDT
[#21]
Link Posted: 8/3/2012 5:06:53 AM EDT
[#22]
In SC, a sitting sheriff can only be arrested by the coroner for an alleged "state law" violation, but I'm pretty sure the feds can arrest a sitting sheriff all day long and twice on Sundays.
Link Posted: 8/3/2012 5:30:01 AM EDT
[#23]
Quoted:

Quoted:
Quoted:

Quoted:


He is the chief STATE LEO.

He can ask the Feds to leave until he turns blue, all they are gonna do is laugh at his dumb ass or bust him even.

Actually, in my academy classes the exact wording was and still is: Chief Executive Law Enforcement Officer of the county.

Probably explains why I get calls all the time from all the fed agencies reporting their operations and locations, every night.

This is Arizona and we have Sheriff Joe.



Okay, of the county.

Feds don't have to report shit to you guys.


They don't have to, but they generally do to keep their investigations from getting even more fucked up than they already are or a major blue on blue clusterfuck.


I understand that and agree, it's just that some are claiming they HAVE TO because the sheriff is the CLEO of the county.
Link Posted: 8/3/2012 5:48:45 AM EDT
[#24]
In Maine ,only the Coroners' Assistant Janitor can arrest a sitting Sherrif.
Link Posted: 8/3/2012 5:55:50 AM EDT
[#25]
Quoted:

Quoted:
Is this true in your neck of the woods?

Any cases of crooked sheriffs getting busted by the feds, but the feds needing a coroner to do the actual arrest/booking?
 

Baloney  


Same here
Link Posted: 8/3/2012 5:58:32 AM EDT
[#26]
Quoted:
Quoted:
Is this true in your neck of the woods?

Any cases of crooked sheriffs getting busted by the feds, but the feds needing a coroner to do the actual arrest/booking?  


That would only apply to arrests for state law violations. State law can not prohibit the federal government from enforcing federal law.


This... that law applies in my State (best friend's dad was a Sheriff for a while, he confirmed this).  In my State the Coroner is the official designated with the power to arrest the Sheriff.  Of course, cross the Feds, and they'll bust a Sheriff, but that's a different matter.

EDIT:  I see SandboxMedic already covered our State (SC)
Link Posted: 8/3/2012 6:01:11 AM EDT
[#27]
Quoted:
Feds can arrest a sheriff. However locally on the coroner is the only local LE that can arrest the sheriff.


Not true almost everywhere.  In some states (like SC, cited above,) the coroner is the person who can arrest a sheriff acting on a warrant, but in LA and MS, for example, anyone, LE or private person, may arrest any sheriff who they have PC to believe committed a felony.  (And in MS, anyone can arrest a sheriff who has committed a misdemeanor in that person's presence.)
Link Posted: 8/3/2012 6:02:24 AM EDT
[#28]
Quoted:
this must be some more libertarian bullshit about sheriffs


GR


I think you are confusing libertarians with sov. cits.
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