111 votes

The Last Great Battle Could Be in Delaware. And It's Happening Now.

Liberty Patriots,

Everything we've fought so hard for hangs in the balance today. One key effort could be the most severe blow to our future. It's currently in the form of Delaware State House Bill 325. If it passes, you can be sure that YOUR states will be next.

As we move our fight to the local level and continue the revolution toward self-governance by asserting ourselves from the ground up, Delaware has been thrown into the forefront of what could be regarded as the most important battle of our country's future. And in perfect establishment media fashion, this item will get no media coverage: the removal of arresting powers from the County Sheriff.

From the time of the founding of our nation, the State Constitutions provided that the County Sheriff was to be the chief law enforcement officer in the nation. This guarded the People from unconstitutional actions by the State and Federal governments. The County Sheriffs could stand up to those unconstitutional measures and declare that unjust laws would not be enforced in their communities. Even better, the County Sheriff could declare that any state or federal law enforcement officers would be ARRESTED if they entered the county under unconstitutional authority.

The Delaware legislature has introduced bipartisan legislation to remove the powers vested in the County Sheriff by our State Constitution and Sussex County Sheriff, Jeff Christopher, a Ron Paul supporter, has raised his hand to fight that legislation. There has been quite a commotion about this legislation and the GOP legislators in Dover recently removed themselves from it due to the political fallout that has occurred in the grassroots community. However, the legislation continues to move forward undeterred and now Attorney General, Beau Biden, has inserted the powers of his office into the mix.

Sheriff Christopher's attorney's are set to file a lawsuit that will bring this to trial and settle this matter for many years to come. The outcome of this lawsuit will set the precedent for the rest of the country and determine the future of our republic. I never would have imagined that the southernmost county of our small state would be the spearhead of a battle that will effectively determine the future of our way of life in this nation. But it is. And Sheriff Christopher needs our help and the help of all Liberty Patriots.

Here is a letter from the Sheriff:

"Dear Friends:

As you are aware, I have been drawn into a dispute with the Sussex County Council over the County's efforts to seriously limit the ability of the Sheriff's office to perform the duties entrusted to me and my deputies by the people of Sussex County and by the Delaware Constitution.

Although I have tried to seek a reasonable outcome, the response of those people who wish to suppress the ability of the Sheriff's office to do the people's will has been a failed legislative effort to statutorily neutralize the powers of my office. Further, Attorney General Biden recently has issued an opinion that, based on questionable authority, attempts to further strip the Sheriff's office of its Constitutionally granted power.

The time has come to take further action. The Legacy Foundation, an Iowa-based tax-exempt organization, has taken a strong interest in this matter and wishes to further support me in my efforts to solidify the role of the Sheriff's office in Sussex County.

If you wish to contribute to this effort, please visit the Legacy Foundation's dedicated webpage at http://legacyfoundation.us/sussex/ to make a charitable contribution via the internet. If you wish to send a check payable to The Legacy Foundation, please send it to my attorneys Niles, Barton & Wilmer, LLP, c/o Leslie J. Williams, 111 S. Calvert Street, Suite 1400, Baltimore MD 21202. Thank you, as always, for your support."

In your service,

Sheriff Jeff Christopher"

Sheriff Christopher is just a regular citizen like all the rest of our grassroots supporters. He has a wife and two children. His wife just recently lost her job. They're trying to make ends meet and, at the same time, he's remaining determined to fight this critical battle. To file this lawsuit and see it through, like everything else, funding is paramount. I'm going to be posting this information on all of the Liberty blogs associated with our revolution. The local Tea Party group are doing the same. We have allies in this battle and every one of them will be needed. Please donate anything you can to the fund set up at http://legacyfoundation.us/sussex/

And call your state legislators! Tell them that you are opposed to any effort to limit, further define, or strip the Sheriff's office of its Constitutionally granted powers, i.e. House Bill 325 (formerly HB 290).

Here is an internal email (with attached talking points) that we were able to intercept from the people trying to push this unconstitutional legislation through:

[Start of Email]
"Hi All,
I'm not sure how much you've heard, but the role of the Sussex County sheriff has become an incredibly controversial issue. Now Republicans are trying to turn it into a polarized issue in Dover.

There was a bipartisan bill proposed in the House (primarily sponsored by Republican Rep. Danny Short), but Republicans have now withdrawn their support. The Sussex County Council (under Republican leadership) and Attorney General Beau Biden have both called for legislation in Dover that would clarify (and limit) the sheriff's responsibilities. Please see additional talking points below.

House Majority Leader Pete Schwartzkopf would like to hold a conference call to talk about the issue, what's going on in Dover, and what we can do to counteract many misconceptions flying around in Sussex County.

We will be holding the conference call this Monday at 7 pm. You must contact me (Sarah Rivin) to obtain the call-in information. We welcome anyone interested in participating, but we do want to know who joins.

Thanks for all you do!

Sarah (Rivin)
302-463-2842

House Bill 290 Talking Points

Background

The issue of the Sussex County sheriff's authority and arrest powers (or lack thereof) has been an issue for several years.
A previous Sussex sheriff fought with the attorney general's office and state officials over whether he could put flashing lights on sheriff's cars.
The Republican attorney general, Brady, issued an opinion saying sheriffs do not have arrest powers.
Jeff Christopher was the deputy sheriff at the time.

Rep. Schwartzkopf tried to address the controversy several years ago, to no avail.
Now sheriff, Jeff Christopher has taken up the same mantle as his former boss, claiming the Delaware Constitution give him the authority to arrest citizens.
According to the Constitution, sheriffs in Delaware are "conservators of the peace", but that remains an undefined term.
Additionally, the Constitution says the chancellor, judges, and the attorney general are also conservators of the peace throughout the state. Does that mean Attorney General Biden or any judge should be granted arrest powers? Given what we know of their legal roles, being a 'conservator of the peace' does not equate with the possession of arrest powers.

As Sheriff, Jeff Christopher has been stopping cars and acting as a law enforcement officer. But that is in direct conflict with state law and the AG's opinion, which say the sheriff's "power to arrest is no greater than that shared by any citizen." Sheriff Christopher has said he will continue to defy that opinion, prompting clarifying legislation.
If the Sheriff's actions are challenged in court, Sussex County could find itself in the midst of a serious lawsuit.

Because the sheriff and deputy sheriffs are forbidden by state law to be trained as cops, they have not undergone police training. That poses a significant liability issue for Sussex County.

What is House Bill 290?

Under its Republican leadership, the Sussex County Council has pushed for legislation clearly establishing the sheriff's role - which is NOT a law enforcement officer. That legislation is now known as House Bill 290.
There have been a number of misconceptions about this important legislation.

The bill was fast-tracked to get it through the legislature.

The proposal has actually been circulating at the county level for months and was delayed in the House for a week.

The bill would change the Constitution.

The bill would not change the Constitution. It would simply codify the specifics of the sheriff's role under state law.

The bill would remove Sheriff Christopher from office.

The bill would not remove Sheriff Christopher from office. The bill would, however, clearly establish the parameters of his legal responsibility.

Republicans Now Withdrawing Support

As opponents of HB 290 became vocal in Sussex County, many Republicans began withdrawing support for the bill. But in reality, those who are strongly against the bill comprise a small minority of citizens. Very few individuals turned out to a rally against the bill.
Although a dozen or so folks showed up to the Sussex County Council meeting to discuss the sheriff's powers, those vocal opponents do not represent Sussex County voters on the whole.

Rep. Danny Short was the prime sponsor of the bill, but he now wants to table the bill. By withdrawing support for the bill, Republican legislators are caving under pressure to a loud, but small, minority in Sussex County. Not only is that not the will of the people, but it also means the dispute over the sheriff's powers will continue.

This past Wednesday (April 25th)an hour and half before the committee meeting Rep. Short spoke on the House floor to say Democrats are trying to pass this bill as a political ploy. But this is not a partisan issue. He went on to strike HB 290 from the record.
Our Representatives have a responsibility to uphold the Constitution and to protect our citizens. Rep. Short has abandoned Sussex County. Republican and Democratic leaders alike agree the sheriff should not have arrest powers."

[End of Email]

As you can see, the establishment is turning up the propaganda machine in full force as they always do with big atrocities like this.

Folks, we need to rally behind Sheriff Christopher now. The County Sheriff is our last line of defense against a total police state. His lawsuit and the legislation being pursued in the Delaware State House of Representatives will set the stage for which direction the rest of the country will go. Everything we stand for, everything we've been fighting for and all that we want to achieve in the future hangs on this decision. Without this, there will be no last line of defense against the FDA, the EPA, the DHS, the IRS, Health Care Mandates, the Patriot Act, the NDAA, etc.

Please donate to this cause; the keystone of our revolution's success: http://legacyfoundation.us/sussex/. Anything will help. Just $5, $10, or any other amount. Together, it all adds up.

Please help in this fight. I will keep you all informed on this in the days, weeks, and months ahead.

UPDATE:
HB 290 was tabled and withdrawn. A new bill has been introduced by the House Majority Leader (House Bill 325.)

"For the second time this year, a bill that seeks to clarify that Delaware's county sheriffs and their deputies do not have arrest powers has been introduced in the State House of Representatives.

House Bill 325, sponsored by House Majority Leader Pete Schwartzkopf, D-Rehoboth, is similar to a bill stricken last week by State Rep. Dan Short, R-Seaford.

Whether or not county sheriffs have full police powers has been debated for many years. This year's flurry of legislative action on the topic was sparked by a unanimous request from Sussex County Council asking the General Assembly to resolve the unsettled matter.

Council members grew concerned after sheriff's deputies started conducting police-like operations late last year, including making traffic stops and arrests. Two separate opinions from the state attorney general's office, under different administrations, have stated that county sheriffs are not authorized to conduct such work.

A recently released 64-page county council report says that by improperly acting as police officers, sheriff's office personnel could be exposing taxpayers to legal action and large liability awards. To see that report,click here.

Supporters of the Sussex County Sheriff's actions say Delaware's State Constitution describes county sheriffs as "conservators of the peace," granting the office arrest powers.

Both Reps. Schwartzkopf and Short agree that the Sussex County Sheriff and his deputies are acting outside their scope of authority, but differ on the best way to meet county council's request for resolution of the matter.

Rep. Short says that working House Bill 325 is premature. Earlier this week, he filed House Concurrent Resolution 42, which seeks to ask the Delaware Supreme Court to issue an advisory opinion on whether county sheriffs have arrest authority under the state constitution.

Lawyers advising the General Assembly note that the legislature has the ability to seek opinions from the High Court -- authority it has exercised on several occasions over the last three decades.

Rep. Schwartzkopf, who chairs the House Administration Committee, has scheduled both House Bill 325 and House Concurrent Resolution 42 for a hearing before his committee on Wednesday, May 9th at 3 p.m."

Comment viewing options

Select your preferred way to display the comments and click "Save settings" to activate your changes.

My efforts to stop this madness

We need to work on this for sheriffs associations.

6:33 PM
Subject: Fw: COUNTY SHERIFFS: VERY IMPORTANT MEETING IN CARROLL COUNTY

Dear Patriots,
My new compilation on this very important meeting. Read it all and pass it on. See you there.
In Service of Sheriffs and Republican Government,
George

Sent: Monday, June 4, 2012 8:40 AM
Subject: COUNTY SHERIFFS: VERY IMPORTANT MEETING IN CARROLL COUNTY

Dear representatives of the peoples Republic of the great State of Maryland and fellow citizens,

As many of you know I have spent the last twenty years tying to convince all I come into contact with of the importance of strictly following our Constitutions both state and federal, of which the office of Sheriff is an integral part and an office I have taken a keen interest in. I would now like to ask a small favor of you for my efforts to keep the torch of Liberty burning in all of our hearts. Read the attached press release and join us in celebrating the high and noble office of the Sheriff , which is under attack in our sister state of Delaware. I cannot, except for the work pasted below this plea, begin to explain how important this office of the Sheriff is to the continuance of our Constitutional Republic. I pray you take time to read this important work.
I have become personally acquainted with a very astute attorney, Carson Tucker, a specialist on this topic of Sheriffs powers, and duties and who represents law enforcement officers generally. He has won several key cases in the Michigan Supreme Court defending law enforcement interests. Read his thoughts in the white paper linked below found among his other writings on this topic at his Blog amicus-curious.com. I also pasted my open letter to the representatives of Delaware on the subject, a letter from Sheriff Jeff Christopher, and a very profound question from Mr.Tucker at the bottom of this page.
See Mr. Tuckers profile here: http://www.jdsupra.com/profile/carson_tucker/
Sheriffs from all over the country, some of whom will be joining including Sheriff Richard Mack are supporting this valiant stand of Sheriff Jeff Christopher.
For the support of Republican Principles and our mutual edification I cordially invite you for the blessing of your presence.
Yours for Liberty under Law,
George Otto III
p.s. please forward this plea to all of your e-mail lists, other representatives of the people, etc. Than You.

Dear Mr Tucker,
Thank you so much for doing the edifying work you are doing for the holy cause of Liberty. This will certainly help our cause tremendously.The high esteem that your carefully crafted work brings to the aid of Sheriff Christopher and these state Republic's united is beyond measure. You are truly a Godsend. I pray that you continue to be blessed with ever growing skill and wisdom in honing that "vengeful blade" so that someday we and our posterity may take a temporary and cautious rest in "freedoms hallowed shade" for the price of Liberty, as all experience has shown is eternal vigilance.The lawless condition of this action in Delaware by the legislature as you know is only the tip of the iceberg. Most of what all legislative bodies do in this country is beyond Constitutional authority and has thrown us into this state of anarchy. And the courts acquiesce in this sedition.
Again,
This hand, to tyrants ever sworn the foe,
For Freedom only deals the deadly blow;
Then sheathes in calm repose the vengeful blade,
For gentle peace in Freedom’s hallowed shade.
I believe this is a quote from John Quincy Adams.

Again I thank God for you and your leadership in our cause,
George Otto III

A must read from---Mr. Tuckers Blog

http://amicus-curious.com/2012/06/02/vitae-republicae-the-li...

AN OPEN LETTER
To the representatives of the Republic of
the great State of Delaware and fellow
citizens of all States:
I have spent the last twenty years tying to
convince all I come into contact with of the
importance of strictly following our Constitutions,
both state and federal, of which the office
of Sheriff is an integral part.
I invite you to join me in celebrating and
upholding the high and noble office of the
Sheriff, which is under attack in the State of
Delaware. While this attack is against all
Sheriffs in Delaware, one Sheriff, Jeff Christopher,
has stepped up to fight for the preservation
of this ancient office, and Sheriffs from
all over the county, including Sheriff Richard
Mack, are supporting him in his valiant
stand.
On June 9th, 7:00 PM, at the Agricultural
Center in Westminster, Maryland,
Sheriffs Jeff Christopher and
Richard Mack will present the urgency
of the case for preserving this office,
which protects the people from federal and
state depredations. If you are nearby or can
make the trip, please join us for a wonderful and enlightening
evening.
Recently, I have become personally acquainted with
an astute attorney, Carson Tucker, a specialist on the
topic of Sheriffs’ powers and duties, and a lawyer who
represents law enforcement officers generally. He has
won several key cases in the Michigan Supreme Court
defending law enforcement interests. His article “Vitae
Republicae − The Life of the Republic”1 is a must-read:
Tucker exposes the nature of the common law powers
of the Sheriff and the limitations of the legislatures with
respect to that office — limitations presently being ignored
by Delaware’s legislature.
The people have the sole and exclusive right of regulating
the county’s internal government and the police
thereof, electing their law enforcers as a free, sovereign
and independent people. However, the
“representatives” of the people in Sussex County and
the state of Delaware are attempting to violate the republican
form of government with an unconstitutional
legislative act, House Bill No. 325. A reading of HB 325
clearly shows contempt for the people’s role in selfgovernment.
HB 325 amends existing law to explicitly remove the
general authority to arrest from the Sheriff, stating:
“Sheriffs and sheriff deputies are not authorized by law
to make arrests in criminal cases.” and “Sheriffs and
their regular deputies shall not have any arrest authority.”
and excising the term Sheriff from every statute
containing the term with respect to arrest powers.2 Patriots
across this country are closely watching their sister
state Delaware in her political struggle to maintain
the noble, constitutionally mandated office of the Sheriff.
This fight is for the very heart of our form of government.
We here in Maryland offer our support to this extremely
important effort. It seems that people in positions
of the public trust in Delaware are not deserving
of that trust and must be removed from office for trying
to destroy the office of Sheriff through deception.
‘A Republic, if you can keep it’
At the close of the Constitutional convention of 1787,
a woman reportedly asked Benjamin Franklin, “What
form of government did you give us, Mr. Franklin, a Republic
or a monarchy?” Dr. Franklin answered, “A Republic,
if you can keep it.” Our form of government is a
Constitutional Republic, not a democracy. This means
that anyone with authority under the Constitutions are
elected as representatives of the people (the sovereigns),
and must govern according to the limits of existing
Constitutional law. The mandate for a guarantee of
a Republican form of government is found at Art. 4,
Sec. 4 of the U.S. Constitution.
The office of Sheriff is a very important part of our
(Continued on page 4)
1. http://amicus-curious.com/2012/06/02/vitae-republicae-the-li...
2. http://legis.delaware.gov/LIS/lis146.nsf/vwLegislation/HB+325/$file/legis.html?open
(Continued from page 3)
Republican form of government,
safeguarding individual Freedoms.
He is sworn to the Constitution,
and is the supreme law enforcement
officer, a.k.a. the chief
executive, of the county, answerable
for his actions only to the citizens.
He is our conservator of the
peace (with arrest powers, of
course) and our duly elected representative,
the one we go to first
with problems of government corruption
or common law crimes of
theft and such. The Sheriff also interposes
on our behalf to make
sure all law is faithfully adhered to
and executed, including state and
federal laws. In this manner, government
officials who operate outside
the law (e.g., IRS and FDA officials)
can be held to the law and their unlawful invasions
of the county stopped.
The office of Sheriff arises Constitutionally and has
its roots in the Common Law of England. Americans
have a right to be served by the office of the Sheriff as a
matter of law, Art. 4, Sec. 4 of the U.S. Constitution,
which was incorporated into the Delaware Constitution
at Art. 15.
The office of Sheriff was the only law enforcement office
in the States of the union in
the beginning, from colonial times
through the revolution into the
Confederacy and into the Constitutional
Republic. The first
unelected police force was in 1835
in Boston, Massachusetts. To my
knowledge, the constitutionality
of that agency has never been
challenged in court, and frankly,
with the sophistry in today’s
courts, it would probably be a
waste of time. However, that does
not change the fact of the constitutionality
of the office of Sheriff.
Thomas Jefferson wrote that
“there is no honorable law enforcement
authority in Anglo-
American law so ancient as that of
the county sheriff whose role as a
peace officer goes back at least to
the time of Alfred the Great.”3
While the “representatives” of
Delaware are attempting to pass
laws removing the arrest power of
the Sheriff, the attorney general of the state is simultaneously
deceiving the people by stating that the term
“conservator of the peace” (a term which includes sheriffs)
in the Delaware constitution is not defined, and
that the common law powers of the Sheriff have been
abrogated by statute (AG Opinion No. 12-IIB03). If
these powers could be abrogated by statute (which they
cannot) and have already been abrogated, then why is
the legislature attempting to abrogate them now?
The AG’s opinion further states that the term “peace
officer,” as far as they can determine, has never been
judicially interpreted in Delaware, although it admits
the AG did “… forgo an exhaustive historical analysis
because the law of arrest is governed by statute in Delaware
and the relevant statutes control over the common
law.” A mere five-minute search on Westlaw, however,
shows the AG’s statement to be a lie. In State v. Brown,
an 1854 case, Delaware Judge Harrington noted that a
peace officer such as a Sheriff does have the common
law authority to arrest.
The powers and duties of the Sheriff are found in the
exhaustive A Treatise on the Law of Sheriffs, written
by Walter H. Anderson after more than thirty years of
active practical experience on this subject as a member
of many state Bars. The government certainly hopes
this treatise would disappear, but as a champion of the
constitutions, I can tell you Mr. Anderson understands
law. Among a few of the statements of fact in this treatise
are: Sec. 1, “The office of sheriff is one of the oldest
offices known to the common law system of jurisprudence.
It is an office of great dignity and greater antiquity,”
Sec. 43, “Rights of the sheriff as a constitutional
officer.-Where the sheriff is named in the constitution
his duties are the same as they were at the time the constitution
was adopted,” Sec. 50, “… where the office of
sheriff is a constitutional one, the legislature has no
power without a constitutional amendment to diminish
his official powers or to transfer to other officers the
duties which properly pertain to his office.” The Delaware
legislature should take note.
Legislative acts that conflict with constitutional
mandates are void from their enactment (see CJ.S. citation
below). HB 325 is only one of many unconstitutional
acts that are passed routinely, apparently because
most “representatives” seem to be either ignorant
of our system of government, or seditiously in contempt
of it, violating the oath they took to protect it.
The result has been the violation of the people’s rights
to life, liberty and property. If we are to survive as a
self-governing and free people, we must elect statesmen
who will be devoted to understanding and upholding
their oath. Thank God for men like Sheriff Christopher
who are taking that stand. Support your local Sheriff!
Yours truly for Liberty under Law,
George Otto III
16 C.J.S. Constitutional Law § 3 (1956):
Statutory law … in order to be valid, must conform to
the constitution, both federal and state, and likewise
any principle of common law in conflict therewith is
void. Anything that is unconstitutional is void.
3. Chapter 4, “The Value of Constitutions,” The political writings of Thomas Jefferson: representative selections, Edward Dumbauld, ed., 1955.

"Dear Friends:
As you are aware, I have been drawn into a dispute with the Sussex County Council over the County's efforts to seriously limit the ability of the Sheriff's office to perform the duties entrusted to me and my deputies by the people of Sussex County and by the Delaware Constitution. Although I have tried to seek a reasonable outcome, the response of those people who wish to suppress the ability of the Sheriff's office to do the people's will has been a legislative effort to statutorily neutralize the powers of my office. Further, Attorney General Biden recently issued an opinion that, based on questionable authority, attempts to further strip the Sheriff's office of its Constitutionally granted power. The time has come to take further action. The Legacy Foundation, an Iowa-based tax-exempt organization, has taken a strong interest in this matter and wishes to further support me in my efforts to solidify the role of the Sheriff's office in Sussex County. If you wish to contribute to this effort, please visit the Legacy Foundation's dedicated webpage at http://legacyfoundation.us/sussex/ to make a charitable contribution via the internet. If you wish to send a check payable to The Legacy Foundation, please send it to my attorneys Niles, Barton & Wilmer, LLP, c/o Leslie J. Williams, 111 S. Calvert Street, Suite 1400, Baltimore MD 21202. Thank you, as always, for your support."

In your service,
Sheriff Jeff Christopher

A very basic question for Mr. Schwartzkopf, which I posed in similar form through the Honorable Statesman from Delaware Wolf von Baumgart: To Mr. Schwartzkopf, – or for any misinformed Delaware legislator – why do you exhibit such abhorrence to common-law jurisprudence, which, as you well know, provides that the Sheriff has retained that measure of authority residing in his office at common law prior to its naming in the Delaware Constitution? The Sheriff now has the constitutional imperative - that is, in the performance of its common-law powers and in the execution of its duties - the Office of Sheriff retains all common-law powers that were inherent in that office at common law. Without constitutional amendment abrogating any of those retained powers (which of course includes the most basic – the power of a conservator of the peace to enforce the law and arrest those who break it), neither the judiciary nor the state legislature has the constitutional prerogative to strip the Office of its powers and duties and to vest them in any other non-representative office. Carson Tucker

Attachments

Complaint.pdf

Download All
Delete ReplyReply ForwardMovePrint Actions NextPrevious
1 Attached file| 35KB

Delaware_Sheriff.docx

Download

1 Attached file| 507KB

Sheriff Christopher v3.pdf

Download

george III

Other states have already decided sheriff's can't arrest

http://www.pennlive.com/midstate/index.ssf/2010/09/pennsylva...

Pennsylvania House panel mulls bill to expand sheriffs' law enforcement power
Published: Sunday, September 19, 2010, 8:07 PM
KARI ANDREN, The Patriot-News By KARI ANDREN
Pennsylvania law and several recent state Supreme Court decisions prevent county sheriffs or their deputies from making an arrest for a crime that did not happen in front of them and bar them from gathering evidence or investigating crimes.
**********

Doesn't mean the battle's over, but the state supreme court is where the laws are broken.

wow, i live in sussex county,

wow, i live in sussex county, DE and I haven't heard anything about this.

Beau "Britches" Biden....... Son of Satan

Smash this !!

If Delaware citizens allow the legislature to win this one, the whole nation will follow indeed.... Mark my words..

Biden & Biden ..The father, the son and the unholy trinity

Joe "Bite Me" Biden trained his son very well.

Rumor has it that Beau Biden had Obama's homosexual lover locked up for shooting off his mouth about his love affair with Obamanada before the last election cycle. Of course Biden Jr. had to trump up charges on the swish to get him off the streets..No one has ever seen the guy since. They probably injected him with something to put him to sleep forever...

Its a wonderful country, isn't it?

Destroy the office of County

Destroy the office of County Sheriff and the Feds can come into any county and nothing can stop them. Google Sheriff Mack and CSPOA to join the fight for constitutional sheriffs...

If my need to be RIGHT is greater than my desire for TRUTH, then I will not recognize it when it arrives ~ Libertybelle

Let me see if I got the update right

The original bill failed (good!), but they're going to try again with another bill that would do the same thing (prevent the sheriff from preventing unconstitutional arrests in his county), and they'll be trying again on Wednesday, May 9th.

"Moderation in temper is always a virtue; but moderation in principle is always a vice." -- Thomas Paine

Hearing on May 9th. Hmmm. If

Hearing on May 9th. Hmmm. If this succeeds, sheriffs wont be able to stop the feds from declaring martial law. What part of our Republic is left?

Citizen's Arrest?...

..Seldom practiced...guaranteed by the Constitution.
So.....

the sheriff's "power to arrest is no greater than that shared by any citizen."

Case closed.

p.s.
See what happens when citizens elect persons with influence, as is the case with Beau Biden, the Veep's son????
Or maybe another Kennedy clan member??
And they surmise that their community will be on the "inside track" towards getting perks, taxpayer-funded grants etc....GREED!!

The chickens will come home to roost...
and you'all will sow what ye have reaped.

Maybe Delaware deserves what they are now getting....
..a smart person learns from others' mistakes.

GOOD LUCK

"Beyond the blackened skyline, beyond the smoky rain, dreams never turned to ashes up until.........
...Everything CHANGED !!

Citizen Arrest is the Only Arrest Power

I'm pretty sure there is no arrest power other than citizen's arrest power. If Sheriffs under common law have special arrest power, I'd love to see a source for it.

I do know that police and federal agents have ONLY citizen arrest power. Federal agents particularly, have no right to carry firearms except the citizen's right. In the 1930s and 40s FBI agents initially were precluded from carrying firearms. Hoover argued that his agents are also citizens, however, and in their capacity as citizens they are entitled to be armed under the 2nd amendment. Only under this argument were FBI agents allowed to carry firearms thereafter.

Anyway - the classic rights of citizens are constantly being undermined and transferred to government employees and denied to citizens, in the ongoing glorification of the state. The right to bear arms, the right to arrest, the right to prosecute crimes, the right of the jury to judge both fact and law, and so on, were all citizen rights derived from Magna Carta or later common law derived there from.

In regard to this case - a Sheriff is the highest law enforcement officer of his county. That is well established in common law and in the US colonies, and state Constitutions historically. But I don't know that he has - or would need - arrest power over that of any citizen. Nor is highest law enforcement officer + citizen arrest power in any way mutually exclusive, given the historic definition of citizen arrest power. If a Sheriff does indeed have a special arrest power under common law, I'd love to see a source for it.

Update

HB 290 was tabled and withdrawn. A new bill has been introduced by the House Majority Leader (House Bill 325.)

"For the second time this year, a bill that seeks to clarify that Delaware's county sheriffs and their deputies do not have arrest powers has been introduced in the State House of Representatives.

House Bill 325, sponsored by House Majority Leader Pete Schwartzkopf, D-Rehoboth, is similar to a bill stricken last week by State Rep. Dan Short, R-Seaford.

Whether or not county sheriffs have full police powers has been debated for many years. This year's flurry of legislative action on the topic was sparked by a unanimous request from Sussex County Council asking the General Assembly to resolve the unsettled matter.

Council members grew concerned after sheriff's deputies started conducting police-like operations late last year, including making traffic stops and arrests. Two separate opinions from the state attorney general's office, under different administrations, have stated that county sheriffs are not authorized to conduct such work.

A recently released 64-page county council report says that by improperly acting as police officers, sheriff's office personnel could be exposing taxpayers to legal action and large liability awards. To see that report,click here.

Supporters of the Sussex County Sheriff's actions say Delaware's State Constitution describes county sheriffs as "conservators of the peace," granting the office arrest powers.

Both Reps. Schwartzkopf and Short agree that the Sussex County Sheriff and his deputies are acting outside their scope of authority, but differ on the best way to meet county council's request for resolution of the matter.

Rep. Short says that working House Bill 325 is premature. Earlier this week, he filed House Concurrent Resolution 42, which seeks to ask the Delaware Supreme Court to issue an advisory opinion on whether county sheriffs have arrest authority under the state constitution.

Lawyers advising the General Assembly note that the legislature has the ability to seek opinions from the High Court -- authority it has exercised on several occasions over the last three decades.

Rep. Schwartzkopf, who chairs the House Administration Committee, has scheduled both House Bill 325 and House Concurrent Resolution 42 for a hearing before his committee on Wednesday, May 9th at 3 p.m."

Bump

.

When a true genius appears in the world, you may know him by this sign: that the dunces are all in confederacy against him. ~J. Swift

+1

.

What are you fightin' for?
Caught in the middle?
Freedom is only for those with the guts to defend it!