This is a continuation of the debate we had about how much authority do sheriffs have when dealing with federal LEO’s.
9th and 10th Amendment
I copied those whose handles I could see in the ping list. (Also copying a friend and attorney.)
Vendome: Apologies for not getting back to you sooner, friend.
Note to all: IANAL. Any errors are unintentional and subject to correction by others with more knowledge. I am posting from my phone and so am not including links or citations, but I can provide them upon request.
From my limited research, I see several factors:
- Federal law (Constitution & U.S. Code)
- State constitutions and laws
- SCOTUS decisions
- Federal agency (FBI, IRS, DEA, CBP, etc.) policies
State and local law enforcement are not subordinate to federal law enforcement agencies. A violation of federal law is required for a federal agency to act without permission (implicit or explicit) from the controlling state/local authority.
- Implicit permission is (generally) granted through state law by granting peace officer status/certification (POS/C) to federal law enforcement officers (FLEO) and is usually conditional in nature and limited in time. With POS/C, federal LEOs can enforce state and local laws in addition to federal laws and have state/local arrest powers. Conditions vary from state to state. Sometimes the county sheriff must certify POS/C for each FLEO operating in his county. Sometimes the state’s Department of Public Safety (DPS) maintains a list of FLEOs who have POS/C. Rarely are there no conditions imposed by the state.
- Explicit permission is (generally) granted directly (verbally or in writing) to the FLEOs by the controlling state/local authority for a specific operation.
Each federal agency has its own policies that dictate what actions law enforcement personnel can or cannot take and the conditions for same.
When a violation of federal law occurs, FLEOs can act without permission from state and local agencies. The nature of the crime and the respective agency policy dictate the conditions under which force may be used and whether or not state/local consent for action is required. Federal law prescribes fines and/or imprisonment for impeding a FLEO in the commission of his official duties.
State/local LEOs can arrest FLEOs for violation of state laws. (e.g. DWI)
SCOTUS says:
- Federal LEOs cannot compel state/local LEOs to act on behalf of FLEO or to assist in enforcing or implementing federal law. This principle is known as the Anti-Commandeering Doctrine. (See Ann Althouse, Tenth Amendment Center, and Vanderbilt Law Review publications for more.)
- FLEOs are citizens of the U.S. and have the power to execute a citizen’s arrest. They are subject to criminal prosecution and civil liability for false arrest just as we are.
- LEOs do not have a legal obligation to protect
individual citizens from harm.