A really important next step for Sheriffs, in those states where their Common Law authority is recognized, is for them to deputize “All adult persons of good character”. This idea is based on several things:
1) The Sheriff is the de facto head of his counties’ militia in Common Law.
2) The Sheriff may issue a “Hue and Cry” order, urging citizens to stop ongoing crime and to catch escaped prisoners. (The oath of office for constables in Tennessee specifically mentions that it is the duty of the constable to sound the hue and cry.)
3) In some states, Sheriffs can organize both posses and declare martial law during disasters, both to warn the public and to solicit volunteer responders.
So why deputize “All adult persons of good character”?
To start with, this deputization would be entirely voluntary, but it would *require* deputies to arm themselves, again entirely voluntarily, along the lines of Kennesaw, Georgia. As the lowest level of LEO, such an order would immunize them from gun confiscation. To get around it, the federal government would have to disarm all LEOs in the state after declaring martial law in the entire state.
If authorized by the state, a Sheriff could do this if there was a riot in a city, effectively using the armed militia to maintain order, while freeing up his uniformed deputies for the important stuff.
In the instance of a terrorist attack like in Paris, or in the 2008 Mumbai attacks, such a militia could quickly overwhelm even a platoon of terrorists, if it could be rallied rapidly.
“1) The Sheriff is the de facto head of his counties’ militia in Common Law.”
No, he is not. He is elected for law enforcement which is not the militia in any way. Common Law has also been outlawed in several States including Colorado. For Colorado, 1972 was the year I believe.
“3) In some states, Sheriffs can organize both posses and declare martial law during “
I’ve never heard of it. Mayors for towns and Governor for cities, but I’ve never heard of Sheriff’s having county level martial law authority.