Originally posted by Tennsix
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If you seriously want to have this debate, we can look at what the US Constitution has to say about Federal Police powers, and what State Constitutions have to say about the powers of the sheriff. That should settle it, unless you somehow think that there is some higher authority on the issue than the State and/or Federal Constitutions.
The only thing more disturbing than a general populace being misinformed about agencies exercising lethal force on behalf of the government, are the members of those agencies themselves, being misinformed about their own authority.
For now, here are some documented examples of what I am talking about:
Examples:
1. U.S. District Court decision (Case No. 2:96-cv-099-J):
"Wyoming is a sovereign state and the duly elected sheriff of a county is the highest law enforcement official within a county and has law enforcement powers exceeding that of any other state or federal official......the duly elected sheriff of a county is the highest law enforcement official within a county and has law enforcement powers exceeding that of any other state or federal official."
2. Montana State Legislature, HB 284 :
NEW SECTION. Section 2. County sheriff's permission for federal arrests, searches, and seizures -- exceptions. (1) A federal employee who is not designated by Montana law as a Montana peace officer may not make an arrest, search, or seizure in this state without the written permission of the sheriff or designee of the sheriff of the county in which the arrest, search, or seizure will occur unless:
(a) the arrest, search, or seizure will take place on a federal enclave for which jurisdiction has been actively ceded to the United States of America by a Montana statute;
(b) the federal employee witnesses the commission of a crime the nature of which requires an immediate arrest;
(c) the arrest, search, or seizure is under the provisions of 46-6-411 or 46-6-412;
(d) the intended subject of the arrest, search, or seizure is an employee of the sheriff's office or is an elected county or state officer; or
(e) the federal employee has probable cause to believe that the subject of the arrest, search, or seizure has close connections with the sheriff, which connections are likely to result in the subject being informed of the impending arrest, search, or seizure.
(2) The county sheriff or designee of the sheriff may refuse permission for any reason that the sheriff or designee considers sufficient.
(3) A federal employee who desires to exercise an exception under subsection (1)(d) shall obtain the written permission of the Montana attorney general for the arrest, search, or seizure unless the resulting delay in obtaining the permission would probably cause serious harm to one or more individuals or to a community or would probably allow time for flight of the subject of the arrest, search, or seizure in order to avoid prosecution. The attorney general may refuse the permission for any reason that the attorney general considers sufficient.
(4) A federal employee who desires to exercise an exception under subsection (1)(e) shall obtain the written permission of the Montana attorney general. The request for permission must include a written statement, under oath, describing the federal employee's probable cause. The attorney general may refuse the request for any reason that the attorney general considers sufficient.
(5) (a) A permission request to the county sheriff or Montana attorney general must contain:
(i) the name of the subject of the arrest, search, or seizure;
(ii) a clear statement of probable cause for the arrest, search, or seizure or a federal arrest, search, or seizure warrant that contains a clear statement of probable cause;
(iii) a description of the specific things to be searched for or seized;
(iv) a statement of the date and time that the arrest, search, or seizure is to occur; and
(v) the address or location where the intended arrest, search, or seizure will be attempted.
(b) The request may be in letter form, either typed or handwritten, but must be countersigned with the original signature of the county sheriff or designee of the sheriff or by the Montana attorney general to constitute valid permission. The permission is valid for 48 hours after it is signed. The sheriff or attorney general shall keep a copy of the permission request on file.
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