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To: Tarheel25

” A federal agent does have lawful authority to arrest a sheriff in a hypothetical situation if a sheriff interferes or tries to impede a federal agent faithfully carrying out their duties. “

A federal agent has no more authority than a sheriff. A sheriff who sees a federal agent violating someone’s civil rights may indeed prevent that agent from his unlawful action. The sheriff may interfere all day long. And for extra fun, Federal agents do not have exemption from traffic laws.
Feds are accustomed to bending rules, and using intimidation. A sheriff may stop them and arrest them if he pleases.
The only time a Fed ever arrests a sheriff is if they are committing a crime, like dope, bribery, etc.
If you are right, tell us the last time the feds arrested a sheriff for simply impeding them?


60 posted on 02/10/2015 9:13:07 AM PST by DesertRhino (I was standing with a rifle, waiting for soviet paratroopers, but communists just ran for office.)
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To: DesertRhino

Again. Federal agents receive their authority from laws enacted by Congress. These laws enacted by Congress give the specific federal agency subject matter jurisdiction. They do not answer to sheriffs when they are actively enforcing federal laws. Remember, a sheriff is a state created position no different than a governor, county board of commissioner, etc. Here is the key. The sheriff is the highest law enforcement official pertaining to state laws and county ordinances in his county. (And even that is dependent on the respective state and applicable state constitution and state law). When it comes to federal laws and enforcement of federal laws-then federal agents have sole authority and cannot be impeded by local sheriffs. A sheriff has no lawful purview to interpret federal laws or to supervise federal agents directly enforcing federal laws. The sheriff is only a state empowered official. It is just like a state court cannot order a federal agency to do anything. Same concept here.

Yes, a federal agent is not exempt from traffic laws. Speeding is not the same as enforcing federal law so that is apples to oranges.

18 USC 115 makes it illegal to directly impede with a federal law enforcement official in the performance of their duties.


69 posted on 02/10/2015 10:05:51 AM PST by Tarheel25
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To: DesertRhino
If you are right, tell us the last time the feds arrested a sheriff for simply impeding them?
Come to think of it, this is the first I've heard of a sheriff (in my memory) impeding a US Marshall in such a fashion. Perhaps others do and don't make the news? Unfortunately and based on years of personal experience, far more often than not (and I would guess it is a very, very high percentage that do) the local S.O. and P.D. will enthusiastically work with Federal agents and cater to them.

This Sheriff is highly unusual in this regard and I tip my hat to him! We could use a whole lot more just like him!

106 posted on 02/10/2015 1:20:07 PM PST by jaydee770
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