Delaware leads nationwide move to strip county sheriffs of power

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“If the sheriffs lose their arrest ability then Delaware will be a de facto police state.” -Delaware Sussex County Sheriff Jeff Christopher

Ever wary of tyranny, America’s Founding Fathers took pains to design a political system with many mechanisms to check and balance government power. Those mechanisms include:

  • Dividing government into three co-equal branches (separation of powers);
  • A Constitution that specifies the People as the source of government power, as well as defines and delimits that power;
  • Amendments to the Constitution spelling out the People’s rights and liberties (Bill of Rights) — rights that are by birth (natural rights), instead of conferred by man;
  • Federalism: dividing, decentralizing, and diffusing government power among central (national government in Washington, D.C.) and regional units (the state governments).

sheriff_joeThe fearless Arizona Maricopa County Sheriff Joe Arpaio

The county sheriff plays an important role in American federalism.
According to Wikipedia, the U.S. sheriff is a county official and is typically the top law enforcement officer of a county. Historically, the sheriff was also commander of the militia in that county. Distinctive to law enforcement in the United States, sheriffs are usually elected. Of the 50 U.S. states, 48 have sheriffs. The two that do not are Alaska (which has no counties), and Connecticut (which has no county governments and has state marshals instead of sheriffs).
Most sheriff’s offices have a law enforcement role, and their basic function dates back to the origins of the title in feudal England. Although the authority of the sheriff varies from state to state, a sheriff or his deputies (in all states except Delaware, where the sheriff’s defined role is going through arbitration) has the power to make arrests within his or her own jurisdiction. Many sheriff’s offices also perform other functions such as traffic control and enforcement, accident investigations, and maintenance and transportation of prisoners.
In fact, the office of sheriff is older than the United States, predating the official founding of the U.S.A. by more than a century. As an example, Delaware’s first sheriff took office in 1669 — 107 years before the Declaration of Independence!
In their role as their counties’ chief law enforcement officer, sheriffs answer only to the U. S. Constitution, not to Washington, D.C. That is why liberty-loving Americans, fearful of the growing power of the federal government, look to the sheriffs as a check. Indeed, on the matter of the Obama regime’s gun control and gun ban, more and more county sheriffs are saying “no.”
It should come as no surprise then that the forces of tyranny mean to curtail the powers of the county sheriff, if not abolish the institution altogether. In that nefarious effort, the State of Delaware is leading the way.
In April 2012, Pat Shannan of American Free Press first alerted us to the machinations of Delaware Attorney General Beau Biden, son of VPOS Joe Biden.
Although Delaware’s State Constitution stipulates that the office of the sheriff is a constitutionally created position and sheriffs “shall be conservators of the peace within the counties . . . in which they reside,” Biden sent out mandates to commissioners informing them that their sheriffs no longer have arrest powers. In an opinion released February 24, 2012, State Solicitor L.W. Lewis said that neither the state nor the common law grants arrest powers to the county sheriffs.

Delaware Sussex County Sheriff Jeff Christopher

Delaware Sussex County Sheriff Jeff Christopher

The move to neuter Delaware’s county sheriffs actually began earlier, before Beau Biden became the state’s attorney general. Sussex County Sheriff Jeff Christopher told American Free Press that as far back as 2000, he had noticed a reduction in funding and the chipping away of powers of the office of sheriff. Now, “my deputies and I have been relieved of all arrest powers and can’t even make a traffic stop. Delaware has only three counties. . . The other two sheriffs . . . will not stand up with me”.
As reported by Jack Minor for WND, Democrats in Delaware’s state legislature then sought to legalize Biden’s move with HB 290, a bill to redefine the role of sheriffs: “‘Police officer’ as used in this code shall not include sheriffs and sheriff deputies,” and it “is the intent of the General Assembly to specifically state the sheriffs and their deputies do not have any arrest authority.”
HB 290 redefined the role of sheriffs to where they can serve papers and process administrative work but have no hand in actual law enforcement. Supporters of the legislation said law enforcement authority belongs in the hands of the state police and city police who, unlike the sheriff, are not elected.
Although HB 290 died a quick death when Rep. Danny Short, a Republican who had sponsored the bill, tabled the bill after he realized its true purpose, Democrats introduced a replacement bill.
On May 3, 2012, House Majority Leader Pete Schwartzkopf, a Democrat,  introduced HB 325, which is virtually identical to HB 290, in an apparent attempt to get around Short’s tabling of his bill. As described on the State of Delaware’s website:
“This bill makes the Delaware law clear that the county sheriffs and their deputies do not have arrest authority. Historically the sheriffs and deputies have not exercised arrest authority and the Attorney General’s office has given an opinion that the sheriff’s “power to arrest is no greater than that shared by any citizen.”
Sheriff Christopher said he suspects that Schwartzkopf has been one of the key figures behind the entire legislative process to strip the sheriff’s office of their constitutional power: “He wants to abolish the office of sheriff in Delaware. While he issued a statement saying he isn’t interested in getting rid of the sheriff the truth is he wants to neuter us so the office is under his authority rather than the people who elected us.”
Christopher said if the sheriffs lose their arrest ability then Delaware will be a de facto police state.
On May 10, 2012, Delaware’s House of Representatives passed HB 325 by an overwhelming 36-2 majority. On June 14, 2012, the state Senate passed HB 325 by a 12-3 majority.
On June 19, 2012, Governor Jack A Markell, a Democrat, signed HB 325 into law. (Source:
See also my friend Mark McGrew’s two-part series:

H/t FOTM’s Tina

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0 responses to “Delaware leads nationwide move to strip county sheriffs of power

  1. This is clear as heck, they are coming after each and every entity that may stand against this democratic regime seeping through the country. The sheriff is the one person that can actually arrest those in high positions. They are coming after us from all angles so we don’t see it coming. They one of last checks and balances and this is a warning to Joe.
    Biden’s name connected is no surprise. He has overstepped his position before getting an innocent man arrested and detained to keep him from telling his gay story with Obama to come to light.
    This is not the democratic party of decades past, that party has been hijacked and being used for the nefarious acts to come.

  2. I tried to look at the original but it’s disappeared, and for good reason! All friends of liberty should be deeply troubled by these events!

  3. I can see the writing on the wall. I don’t believe America is going to stand for this and I don’t believe the sheriffs in America will either. War is coming really soon!

  4. So, who would take over the role of the sheriff? Is it the state police? I think the states would have a say in that, plus, many states would have to change their Constitutions to allow it. Then we have the jurisdiction of the city police who are in essence only authorized as agents of the county sheriff through the city administration. Somehow, I think this will go nowhere considering the turmoil it will cause.
    Maybe the eventual goal would be to negate the 9th and 10th Amendments, make the FBI the supreme police force in the land, and install a Socialist Dictator.
    That makes it all the more important we should stick by the 2nd Amendment.

  5. I would tel Biden to serve his own dam papers, and while he was at it to shove the job up his ass.

  6. The Office of Sheriff is an elected Office, with the powers of arrest given to it by the people, not by the Federal Government.

  7. I find the an affront to my safety and liberty. County sheriffs play a huge role in NC as the only police force to serve the people outside of city and town limits. they are the ones that give you information of new laws to catching the bad guys. Delaware is full of a bunch of wimps if they dont stop this before they get rid of the Sheriffs that will stand with them in a time of Constitutional entanglements such as gun confiscation.

  8. Whoever wrote this articale either didn’t do any research or deliberatly lied. Either way, the author is guilty of several indefensible misrepresentions:
    1.) In many jurisdictions Sheriffs are not law enforcement because over time those responcibilities have ben shift to other local law enforcement, like a city or state police department.
    2.) Christopher has not been stipped of his arrest authority, he never had it. He’s campaining to get something back that was gone long before he assumed that office.
    3.) Christopher and his Deputies are not trained as thoroughly as the regular police. As a result there have been complaints from Judges and the State Attny General that by over-stepping their authority, they have skrewed up cases because of their incompetance and lack of knowledge of penal laws.
    4.) Neither Biden nor anyone connected to the President’s Administration have anything to do with this story, as the descion by the state to downgrade the Sheriff’s authority happened long before Obama took office (I’m not sure exactly how long ago, but definatly before 2002).

    • shadowgraph,
      You accuse me of not doing any research when I have embedded links to every source I used (including the website of the Delaware State Govt) and yet all you’ve done in your comment is to make spurious and libelous claims WITHOUT citing any source(s). It would be funny, were it not for your malice. By accusing me of lying, you effectively are also accusing the sources I’ve cited of lying, including the State of Delaware.
      You’re beneath contempt.

    • Hey shadowgraph… surprise surprise.
      Best surprise for last
      You may hide behind your alias and phony email address, but you can’t hide.
      Shadowgraph is not a resident of Delaware. His IP address is in a Lovely Area of The Bronx NY
      Beautiful Parkchester, lovely area
      East Tremont and Purdy street

      Care to add anything

    • shadowgraph,
      If you’re going to question someone’s intelligence and/or ability to research, then make sure you at least have some intelligence yourself! I couldn’t even finish reading your farce you call an argument because I was losing IQ points trying to weed through the misspellings and your obvious lack of comprehension skills. Maybe go purchase Hooked on Phonics, it may help you put together a coherent argument in the future!

    • you must be blind. and you believe what they tell you……WOW….they want to controll everything.

  9. REV: 6-8 and behold a pale horse: and his name that sat on him was Death and Hell followed with him. sounds like someone I know?

  10. Sheriff Jeff Christopher

    I assume from your wording you are one who follows everything you are told by those who are behind this move to rid Delaware of its Sheriff, How would you like it if I added some facts to the research. My office is staffed with retired DELAWARE STATE TROOPERS, fully trained and certified as well as a retired federal agent all acting as deputies. I am still a certified police officer in Maryland and a retired Chief of POLICE, don’t tell me there is no experience in that office when I have over 100 years of police experience in that office. If you are interested in the truth, you just call me right up and I will lay it out for you.
    Your point above that the “over a period of time responsibilities had been shifted to other agencies”. PLEASE define SHIFTED??? There is no law supporting this in fact the only one possible is called a CONSTITUTIONAL AMENDMENT, which never happened. Are you familiar with the Constitution? The Law of the Land, which gives the Sheriff all the arrest power needed. As for stripping the powers, why do you think HB 325 was drafted by Sussex County Council, fast tracked and made law by the Delaware Legislature for? Oh and to address the complaints, you must must mean the 64 page report the County Council made up about my deputies, let’s get the witnesses, including troopers who were there, together, let’s put them as well as my staff under oath and TESTIFY, I will debunk all of the lies written in an attempt to discredit me. I am so tired of these people commenting on things for which they have no idea, facts or sense, not to mention the lies, but you do have your rights don’t you?. Shame on you for perpetuating this propaganda and false manure that’s contained in your comment. If you seek the truth, call me anytime, unlike my detractors, I will tell you the truth and all of it, every time. As for the Biden statement, well I leave that to the readers who know the truth. Mister you just beat all. God Bless ya.
    Jeff Christopher
    Sheriff of Sussex County

    • Thank you and God bless you, Sheriff Christopher.
      With respect and admiration,
      Dr. Eowyn

    • Dear Sheriff Christopher, Thank you for responding. I don’t think you know just how much support you have out here. First off our readership is, let’s just say you’ve reached many thousands.
      Secondly and more amazingly if you look above the comments there is a button that says facebook. Right now there are over 4 thousand clicks.
      That means not only people who have read, but they have spread to their face book and so on…Never seen that before.
      Best surprise for last It seems your friend shadowgraph who still thinks the internet is anonymous forgot about I.P address.
      So I’ve run him thru 4 feel pretty confident when I say either shithead has a long commute or he’s lying thru his teeth. Let’s have a look where birdbrain lives The I.P comes back as Which takes us
      To a Lovely Area Of The Bronx NY
      Beautiful Parkchester, lovely area
      East Tremont and Purdy street

    • Delaware already IS a police state. We have the highest per capita incarceration rate IN THE WORLD:
      We need Sheriffs, directly chosen by the people, to represent our Constitutional liberties – not a federal or state sell out.

  11. Wishing all the best for you Sheriff Christopher.

  12. Sheriff Christopher,
    Even though I don’t live in your county, or even state, I thank you for all of your service and for your fight for our freedoms and rights. I stand behind you, or next to you, wherever you need me, in this fight.
    As for Shadowgraph, you are obviously blinded by the false propaganda that is fed to you, and you are probably a recipient of free aid that comes from people that work hard, struggling to make ends meet for their families. For this reason alone, you do not care about anyone and their freedom, merely yourself, for you are very selfish. Once your handouts stop and you realize that the government is a sham and that you are, in fact, being screwed over by the very people that are telling you they are helping you, we’ll be here, still fighting for YOUR rights. Maybe on that day, you’ll wake up and decide to take a stand for freedom… not free stuff.
    Maybe we’ll forgive you.
    Maybe not.

  13. Sheriff Christopher,
    Sheriff Joe Arpaio had Obama’s birth certificate investigated & he came out & said it was definitely forged.
    What I can’t understand is why hasn’t Arpaio & some of his deputies went & arrested Obama for fraud, perjury & treason?
    We need to take back our country from these lunatic traitors in DC who are literally trying to destroy our country, our Constitution & take away our guns, so we’re sitting targets for the Islamics that have 35 training camps here in the states.
    Thank you sir, for standing against these tyrannists & upholding the law of the land.
    God bless you!
    Barbara Young

  14. Barbara, the jurisdiction of Sheriff Joe Arpaio is Maricopa County, Arizona. I don’t believe he has authority to go to Washington, D.C. and arrest anyone unless they are fugitives for crimes committed in the county that elected him. I could be mistaken but this is the law in my understanding.

  15. God Bless the Sheriffs of OUR COUNTRY!

  16. Saudi’s are pulling the strings in D.C…. why else would this B.S. be going down like this?

  17. gphx, ok, but Sheriff Arpaio could contact the Sheriff of DC then, and go after Obama like that. Sheriff’s are linked across the country, so are the police. The President is not higher than the law. Why aren’t our law officers arresting Obama for committing fraud, forgery & treason? They can do this. I know they can. Why they don’t is a mystery to the rest of us in the country. Obama should be arrested for treason.

  18. I sincerely stand behind Joe Arpairo in AZ. He does things right.

  19. Rosemary Raupp

    No matter what state you live in, everyone needs to support our Sheriffs and Deputies. Remember, they are the only ones that we elect, that live in our communities, that are out in our communities daily getting to know us as individuals. Tell me of any other elected official who’s office you can walk into and speak with? Ask any Sheriff whom they work for and they will tell you “The people of their community”. Their families live in our communities, their children attend school in our communities. They want to make our communities work…. as they and their families are a part of that community. We live in a rural area that is (on a good day) 45 minutes from town. I am so thankful for our county law enforcement. God bless and keep them each and every one safe.

  20. well since obama is fixing to tour border in az.maybe sheriff joe will get him

  21. Right on Sheriff Jeff Christopher! We support sheriffs 100% because they are elected by the people, and defend the U.S. Constitution.

  22. Sheriff Christopher,
    Even though I don’t live in your county, or even state, I thank you for all of your service and for your fight for our freedoms and rights. I think you would be surprised at how many of us are standing right next to you!
    If you are defending our constitution, and I believe you are, then we are with you all the way.

  23. wait I have an INTERESTING IDEA if Delaware now say’s that the Sheriff’s Office never had ARREST POWERS If i was one of those Elected Sheriff’s I would then Have My Office go into the NCIC, Computer and Have every Person ever ARRESTED by that Office, Removed them and drop all charges because they was just told you never had the power to arrest them in the first place.. Wonders if the state will then back track and say no at that time it was legal (HMMM) Can’t have it both ways .Then I wonder how fast all those people Convicted would then turn around and sue Delaware for False arrest by all Sheriff’s Dept in the state of Delaware ????

    The County Sheriff:The Ultimate Check & Balance
    When the United States of America was founded the framers spent arduous hours devising a Constitution that would protect future generations from tyranny and government criminality. A system of checks and balances was established to keep all government, especially at the federal level, from becoming too powerful and abusive.
    The Bill of Rights was promulgated to augment the limitations previously placed against the government, to further insure that government would stay in its proper domain.
    So, what happens when government does not obey its own constitution? What punishment is meted out to politicians who vote for and pass unconstitutional laws? What happens if they appoint unlawful bureaucracies or allow their agents to violate the rights of the American citizen? The answer to these questions is both astounding and lamentable; NOTHING!
    Now the question becomes even greater; who will stop criminal and out-of-control government from killing, abusing, violating, robbing, and destroying its own people? Yes, believe it or not, there is an answer to this one. The duty to stop such criminality lies with the county sheriff. The question needs to be posed to each and every sheriff of these United States; will you stand against tyranny?
    The office of sheriff has a long and noble history. It dates back over a thousand years and originated in England. The sheriff is the only elected law enforcement official in America. He is the last line of defense for his citizens. He is the people’s protector. He is the keeper of the peace, he is the guardian of liberty and the protector of rights. A vast majority of sheriffs will agree with all of this until they are asked to apply these principles of protection to federal criminals. Their backpeddling and excuses will be more plentiful than radar tickets and louder than sirens at doughnut time. Most of the unbelievers, who themselves have taken a solemn oath to “uphold and defend” the U S Constitution, will passionately and even apologetically exclaim that they have no authority or jurisdiction to tell federal agents to do anything, let alone stop them from victimizing local citizens. The truth and stark reality is that it’s just the opposite; the sheriff has ultimate authority and law enforcement power within his jurisdiction. He is to protect and defend his citizens from all enemies, both “foreign and domestic.”
    Of course, there are those who will maintain that the feds have not and will not commit crimes against law-abiding citizens in this country, the IRS notwithstanding. For the sake of argument, let’s just pretend that the government did nothing wrong at the Branch Davidian church in Waco or at Ruby Ridge, Idaho when citizens were killed. Those incidents have been debated and will be forever. However, the immutable truth about both tragedies remains that if the local sheriff had remained in charge of both incidents, not one person would have died, including federal agents, and the law would
    still have been enforced.
    Despite the frequency or the severity of government abuses, if they were to happen in your county, would your sheriff intervene? Well, don’t look now, but they are already occurring and some sheriffs have indeed taken very courageous stands against the feds coming in to their counties to “enforce” their laws. Cattle, lands, homes, bank accounts, cash, and even children have been seized and prisons filled all in the name of federal enforcement of EPA rules, The Endangered Species Act, IRS rules, (of which there are over 10 million pages) Forest Service and Dept. of the Interior technicalities and the list goes on and on. The sheriff of NYE County, Nevada stopped federal agents from seizing a rancher’s cattle and even threatened to arrest the feds if they proceeded against his orders. Sheriffs in Wyoming have told the agents of all federal bureaus to check with them before serving any papers, making any arrests, or confiscating any property. Why? because they are doing their jobs that’s why! It’s just another way to provide checks and balances that ultimately protect and help citizens.
    Criminality within the IRS has been well documented. Hearings about such crimes were held before congress in 1998. IRS employees testified of hundreds of crimes being committed against law-abiding citizens. Congress did nothing about it. They were too busy checking Monica Lewinsky’s dress. The point remains, if any abuse occurs in your county by federal officials; does your sheriff have the guts and the authority to protect and defend you? Does that question not sound redundant? Is he not bound by oath to do just that?
    Yes, he has the right and the duty to do so. In Mack/Printz v USA, the U S Supreme Court declared that the states or their political subdivisions, “are not subject to federal direction.” The issue of federal authority is defined even further in this most powerful Tenth Amendment decision. The two sheriffs who brought the suit objected to being forced into federal service without compensation pursuant to some misguided provisions of the Brady Bill. The sheriffs sued the USA (Clinton adm.) and won a major landmark case in favor of States’ Rights and local autonomy. In this ruling by the Supreme Court, some amazing principles were exposed regarding the lack of power and authority the federal government actually has. In fact, this is exactly the issue addressed by the court when Justice Scalia opined for the majority stating, “…the Constitution’s conferral upon Congress of not all governmental powers, but only discreet, enumerated ones.”
    Scalia then quotes the basis of the sheriffs’ suit in quoting the Tenth Amendment which affirms the limited powers doctrine, “The powers not delegated to the United States by the Constitution…are reserved to the States respectively, or to the people.” To clarify this point, we need to understand that the powers and jurisdiction granted to the federal government are few, precise, and expressly defined. The feds have their assignments within constitutional boundaries and the states have theirs, as well. Scalia also mentions this, “It is incontestable that the Constitution established a system of dual sovereignty” and that the states retained “a residuary and inviolable sovereignty.” Scalia even goes so far as to detail who is responsible to keep the federal government in their proper place, if or when they
    decide to go beyond their allotted authority. In doing so he quotes James Madison, considered to be the father of our Constitution, “The local or municipal authorities form distinct and independent portions of the supremacy, no more subject, within their respective spheres, to the general authority [federal government] than the general authority is subject to them, within its own sphere.” (The Federalist # 39) Thus, the federal government has no more authority to compel the states or the counties to do anything, no more so than the Prime Minister of Canada has.
    But what happens when the inevitable occurs; when the feds get too abusive and attempt to control every facet of our lives? The Mack/Printz decision answers this also. “This separation of the two spheres is one of the constitution’s structural protections of liberty. Just as the separation and independence of the coordinate branches of the federal government serve to prevent the accumulation of excessive power in any one branch, a healthy balance of power between the States and the Federal Government will reduce the risk of tyranny and abuse from either front.” To quote Madison again Scalia writes, “Hence, a double security arises to the rights of the people. The different governments will control each other, at the same time that each will be controlled by itself.” (The Federalist # 51) So the state governments are actually and literally charged with controlling the federal government. To do so is “one of the Constitution’s structural protections of liberty.” (Emphasis added)
    Yes, it is regrettable that a sheriff would be put in this position. The governor and the state legislature should be preventing federal invasions into the states and counties way before the sheriff, but if it comes to the sheriff, then he must take a firm stand. James Madison also said, “We can safely rely on the disposition of state legislatures to erect barriers against the encroachments of the national authority.” So when the state legislatures go along to get along and are bought off by political cronyism or the disbursement of federal funds, then the sheriff becomes the ultimate check and balance.
    It is time for the sworn protectors of liberty, the sheriffs of these United States of America, to walk tall and defend us from all enemies; foreign and domestic. When sheriffs are put in the quandary of choosing between enforcing statutes from vapid politicians or keeping their oaths of office, the path and choice is clear, “I solemnly swear or affirm, that I will protect and defend the Constitution of the United States.”
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  25. This read has been extremely interesting. I would love to see the Sheriffs of all states ban together and challenge federal authorities. I am sick of watching this country change from a constitutional republic to a socialistic state. We need to remind the federal government of their limited powers.

  26. Perhaps the County Sheriff’s should refuse to recognize the authority or legality of those laws that neuter their powers of arrest and or authority as any law that is in violation of the Constitution is to be treated as if it is no law at all. It is to be treated as a Moot Law with no lawful authority behind it, as it is only an Illusion of law and not a lawful law itself.

  27. Sorry but Christopher has no grounds for law enforcement in Delaware. Sussex County is well policed with local and state police. I heard about a few of his “posse” arrests a year or two ago. I will NEVER get out of my car if I am flagged by them. I just got a mass mailing letter from him today, postage paid by National Child Safety Council. Which by the way, the NCSC has the lamest materials on their website. Christopher’s letter is so vague on details, yet money donations are the big thing. He’s going to prevent crimes in our communities he says. No data from him though on crime statistics. Federal statistics show that crime is back to very under 1990’s highs. More like when we grew up in the fifties through seventies.
    And btw, this letter I received at my house was addressed to someone that I don’t know, but have been getting mail for them for 6 months, including Verizon bills. So fix that Sheriff. If you care about identity theft.
    I’ll be bringing this to the attention of the media and the Attorney General’s office.

    • Really?
      I’m baffled why Sheriff Jeff Christopher of Sussex County, Delaware, would send a mass mailing letter to someone (lauraj4957) who lives 116 miles away south in an entirely different state, and whose profile on lists your “top causes” as “gay rights,” “economic justice,” “women’s rights,” “immigrant rights,” with links to such illustrious socialist organizations as the Democratic National Committee and Organizing For Action.
      You don’t by any chance have it in for Sheriff Christopher? Nah…. [Snark]

    • TwoPartyFarce

      Laura – do you realize that the office of Sheriff predates the Constitution by about 100 years? That they are elected and thus are closer to what the people want? They are under the control of We the People – can you say the same for the military like police at the State and County level? Do you even know what a “Fusion Center” is and that DE has TWO of them? Research that and you will know that we need local control of law enforcement, IMO!

  28. Ha ha! Laura’s busted! Great job, Dr. Eowyn!

  29. Pingback: What is it about a uniform in Snohomish County? | Animal Law News & Abuse

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  31. Sheriff Hoyle

    I am trying to locate Sheriff Jeff Christopher anyone that can put me in contact with him would be very much appreciated


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