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

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“It is time for the sworn protectors of Liberty, the County Sheriffs, to walk tall and defend their citizens from all enemies of our Constitution and our Bill of Rights.”

http://bonfiresblog.wordpress.com/2012/04/08/sheriffs-bushwhacked/

”We do have some sheriffs with the courage to tell the federal government to stay out of their counties and not enter unless they clear with the sheriff first. The sheriff is not a part of the federal judicial system.  He holds executive powers.”

Sussex-County-Sheriff-Jeff-Christopher
Sussex County Sheriff Jeff Christopher


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.”

Related posts:  http://americanfreepress.net/?p=3590

Submitted by Laura J Alcorn

36 COMMENTS

    • Hey idiot. The sheriffs in Delaware only have the power, as stated in our state constitution, to serve foreclosures. They have NO ARREST POWERS. Sheriff Christopher is knowingly breaking the law by arresting people when he has no power to do so. All Biden is doing is reinforcing a law that the sheriff is breaking.

      • You're the idiot. The Sheriffs in this fine state are limited by TRADITION, not by the state constitution, which DOES give the Sheriff the power of arrest, the AG is WRONG. The first Constitution of Delaware in 1776 made the sheriff the conservator of the peace within the three counties of the state, New Castle, Kent, and Sussex. The sheriff was, and still is, chosen by the citizens of each county at the general elections to serve a four year term. The sheriff was to preserve the peace of the county and arrested all persons committing riot, murder, theft, or breach of the peace and carried them before a justice of the peace. The sheriff could also appoint such number of deputies as necessary to assist them in their duties. Says so right there. Read it before you go name calling from now on.
        Today the office of the sheriff in Delaware holds a position of less importance than in the past. Responsibilities are now limited by tradition, not by law, to include processing orders of the court system; summoning inquests, jurors, and witnesses for the courts; conducting execution sales against personal and real estate property. County Sheriffs and their regular appointed deputies also take into custody unincarcerated persons immediately upon conviction of an imprisonable offense and convey them to the appropriate correctional facility to serve their terms. As a rule, though allowed by the State Constitution, the County Sheriffs and their deputies do not engage in typical law enforcement, they provide enforcement services for the courts. Typical law enforcement, such as the enforcement of motor vehicle laws, investigation of crimes and routine policing patrols are performed by State, County and municipal (Town or City) police forces

      • Hey Moron..what part of “The sheriffs shall be conservators of the peace within the counties . . . in which they reside.” do YOU not get?
        It's the AG that's breaking the law.
        Try reading next time.

      • If your only way to express your opinion is by calling someone an Idiot, than you have already lost your argument.
        The Supreme Court has already ruled that a sheriff is the Supreme Law enforcement agent in his domain and since he is an elected official and is only answerable to his voter, the AG's actions are illegal and if the Sheriff chose to could arrest the AG for interference and in violation of the Bill of Rights, since the courts have already ruled that the Sheriff is the safe guard to the Bill of Rights and his Job is to keep federal and state government from violating the rights of the people.
        See Mack/Printz v USA, the U S Supreme Court .

      • There is a GOD for sure, that's why Beau Biden, another TRAITOR and fellow usurper is now DEAD. Good riddance, one down and too many more to go.

  1. Be careful, the Citizens of the state of Delaware where I was born. Better make a stand agenst this tyrannical maneuvering. The US Constitution only recognizes Sheriffs as dully appointed peace keeper, and that they are to enforce the Bill of Rights. With the removal of your Sheriffs you will no longer be allowed to petition the State Government for grievances. This is a very slippery sloop you are scaling and that will be the undoing of the State Constitution and possibly lead to the undoing of whats left of US Constitution. I warn you to block this any way you can, for if you don't you will be slaves to the state and only the State will be right. As the federal Government moves closer to Fascism you're going to wish you had a Sheriff who will protect you from this crazy Government we have. Start a petition, make a rally, create a ruckus, if you don't do it now, you wont ever be allowed to do it after the deed is done it will be to late..

  2. Sheriff’s stand in the way of the Obama dictatorship. Obama and his illk know that so they must try to rid themselves of all Sheriffs everywhere. Beau Biden opinion is just that a legal opinion. Let’s see how a judge or Delaware Supreme court rules when the first defendant tries to make that claim after being arrested by a Delaware Sheriff or one of his deputies. There are apparently only three counties in Delaware and it further appears that 2 of the 3 are ready to roll over and quit making arrests. They need to be voted out. In Florida, the bailiffs in the courthouse are deputy sheriffs. When a judge holds someone under contempt and orders a bailiff to arrest the person for contempt, is the bailiff (Deputy Sheriff) going to tell the judge he can’t because the idiot Delaware Attorney General Beau Biden has decided on his own incompetent “research” that Sheriffs and their deputies don’t have arrest powers?

    • Note: TYPO illk is meant to be “ilk” and “When a judge holds someone…” should read “When a Delaware judge holds someone…” I assume the bailiffs in a Delaware courtroom are deputy sheriffs just like they are in Florida and in most, if not all, states.

  3. MISCELLANEOUS
    §l. Conservators of the peace.

    Section l. The Chancellor, Judges and Attorney General shall be conservators of the peace throughout the State; and the Sheriffs shall be conservators of the peace within the counties respectively in which they reside.

    • I'm not sure where you come down on this Paul, but let's analyze this:

      Some claim this is a DEFINITION. That a Sheriff = Conservator of the Peace.

      But if that were true, then the Chancellor = Conservator of the Peace, Judge = Conservator of the Peace, Attorney General = Conservator of the Peace,.

      If this is a DEFINITION of what a Judge, Attorney General, Chancellor, and Sheriff is under the Delaware Constitution, then obviously

      Judge = Attorney General =Chancellor = Sheriff

      So, Sheriff = Attorney General? Sheriff = Judge?

      I say that IN ADDITION TO THEIR OTHER, RESPECTIVE DUTIES, these officers shall also be responsible to act as Conservators of the Peace, alongside whatever else each offier does.

      That is not a definition. It is charging government oficials with taking on the task of being Conservator of the Peace.

  4. Unbelievable! What is America coming too if a Sheriff can't make an arrest? Looks like it's time for us all to take a stand like Wyatt Earp did at the O.K. Coral. I guess, "I'm your Huckleberry." =) Needs to be a bumper sticker on every car in America!

  5. The Sheriff is the highest law enforcement officer in the County and has arrest powers as well as his sworn Deputy Sheriffs have. The Attorney General is an incompetent jerk like his father is. Obama wants to destroy this Country and will do anything to succeed. It is time to get rid of this administration and all of his buddies. Lets start now. Try to get your friends who might think he should be re-elected to change their minds. If they want him in office they are stupid.

  6. The Delaware State Fire Police are sworn in by each of the county sheriffs, Fire Police Officers are volunteers for each fire company and do have arrest powers at the scene of a fire or emergency. Does AG Biden now also say fire police have no arrest powers too. Time to move to New Zealand

  7. The Biden family are nothing more than Zionist pawns. It is time for the people of the United States to imprison the Zionist cowards that have infiltrated many levels of government in this country. They portray themselves as victims and/or part of American society, yet in reality, they hold nothing but disdain and contempt for people of the world who seek freedom and equality. Zionism must end…or the world will end…as they have adulterated into religious writings.

    • The apostrophes were correctly placed. Where the poster used apostrophes, he was referring to the Sussex County Sheriff's Office. This is the office belonging to the Sussex County Sheriff. As it implies ownership, you use an apostrophe.
      Apostrophes were not used in instances where they were referring to multiple sheriffs, as when they spoke of the sheriffs of the other two counties.

      Regardless, this article was great, and is a good eye opener. I do hope that people posting will read the Delaware State Constitution before making statements. The section pertaining to county law enforcement has been quoted above (accurately I might add), but please also look this stuff up! Informed people are not sheeple, and the power of knowledge and communication will stop BS like what beau biden is trying to pull

  8. Your sheriff is the people's law inforcer, elected by the people. Your police are on the side of your city & town
    government, (apointed) I hope you see your sheriff is the only power the people have, maybe the sheriff should invesagate the A.G. TYRANNY!!!!! LIKE FATHER LIKE SON….

  9. Please stop correcting language and wasting space on foolish arrogance. Read and understand the UNITED NATIONS global plan called AGENDA 21…then you can understand why the powers of the sheriff dept., is coming under attack.

  10. Both Agenda 21 and The Protocols of the Learned Elders of Zion are rearing their ugly globalist agenda for the complete enslavement of all humanity. Also read The Synagog of Satan. The Sheriff in any county in any state is the highest authority in law enforcement. The children of Esau (goldsmiths … same bloodline of the Illuminati and including the bloodline of the Pharaohs) want to eliminate by hook or crook anything or anyone who stands in their way. BTW …. Herod, KIng of the Jews at the time of Christ was also an Idomaean.
    Any potential president in te USA should be required to show an original or notarized document of birth that the contents of which should show as legal proof that he/she is qualified to be, according to the US Constitution, a natural citizen by birth with both parents being true and natural citizens by birth in and on the lands legally named as "The United States of America". Obama has NOT at this time adhered to this constitutional requirement. This rule should also be required to be an elected or appointed official for any federal or state office with in and on the land of the United States of America and all territories of state hood within the borders of said United States of America.Any laws of all states from the head of each individual state government from the governor and extending through to the local county and city governments within said state. All judiciaries, whether appointed or elected should also be held to these requirements. No one of dual citizenship … period … should evr be considered as elible for any of the offices from the city level to the executive level in the United States of America. All dual citizenship officials at any level of government, whether elected or appointed should be removed, by law, from his/her office immediately and should not be eligible, under any circumstances, to any pf the perks offered to legitimate office holders of said city, county, state, or federal level of government.

  11. Does anyone think this removal of all power of Sheriff may have something to do with forcing Sheriff Joe from his post in Arizona? They've tried every other means of shutting him up & he continues to prove the ineligibility of Obama to hold the office of president. But what's worse is that he has FACTS. They hate that! So, they start with this little Sheriff in some far off state to make it appear they aren't after Sheriff Joe – you just watch!

  12. The key issue here, IMO, is that the Delaware Constitution says that the Chancellor, Attorney General, Judges, and Sheriffs shall be "Conservators of the Peace."

    This is being TWISTED to suggest that the Sheriff does not have law enforcement powers, because the AG , Judges, and Chancellor don't. That's absurd.

    Those officers are *ALSO* — in addition to their normal duties — charged with ALSO being Conservators of the Peace.

    The Delaware Constitution does not DEFINE the Sherriff as a Conservator of the Peace. For otherwise, , Sheriff = Attorney General = Judge = Chancellor = Conservator of the Peace. If it is a definition then they would all end up being the same thing, which is preposterous.

  13. Sheriff — as well as Judge – is defined by the legal and political history of Delaware (once part of Pennsylvania) at the time the constitution was written. To those duties is ADDED the role of "Conservator of the Peace"

    Otherwise, a Judge = Sheriff, if both are DEFINED as a Conservator of the Peace. IF a Judge = Conservator of the Peace, and a Sheriff = Conservator of the Peace, then is the SHeriff a judge?

  14. For just a moment imagine that Biden's boy is right and the state courts and the Supreme Court agree and this has the power of law. Being a retired Deputy Sheriff from Maricopa County, Arizona and having made many arrests in that 20 year period, they would all have been illegal arrests. Since my authority to arrest a citizen came from the Arizona Constitution and Arizona State law which said I had the authority to act as if the Sheriff (elected official) himself were present, that would make the State liable for all those improper arrests and the civil lawsuits would start coming in immediately. Well you can see the direction this is heading so you can stop imagining now and come to the reality That the Sheriff is the chief law enforcement officer elected in the State.

  15. I'm sure this is to invalidate any of the sheriffs out there that said they will NOT enforce any of the federal anti-gun laws the King, Feinstein, Bloomberg, and Biden are trying to ban, and that they would arrest any federal officials coming to their counties trying to do so.

  16. I was accidentally injured at Delaware Park Race Track. The Injury was caused by a Horse trained by a Licensed Trainer insured under State Law with AIG. Since I had a problem with AIG to pay for my Injuries I had Medicare pay for my Hospital ( Christiana Hospital) l & other expenses. My Attorney contacted AIG's Attorney who then told him, what is the problem LET MEDICARE pay, they have plenty of money. We contacted Mr. Beau Biden the AT several times and even sent copies of our situation to the Vice President Joe Biden, never received any replies. Later we found out AIG was a substantial Contributor to the BIDEN'S election campaigns.

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