Delaware leads nationwide move to strip county sheriffs of power

“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: delaware.gov)
See also my friend Mark McGrew’s two-part series:

H/t FOTM’s Tina
~Eowyn

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Glenn46
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Glenn46

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… Read more »

josephbc69
Guest

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!

Patriot Angel
Guest

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!

racefish
Guest

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… Read more »

Tony
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Tony

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

Allan Brewster
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Allan Brewster

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

Sheila Rider
Guest

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.

shadowgraph
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shadowgraph

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… Read more »

Steve
Member

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 71.167.46.26 is in a Lovely Area of The Bronx NY
Beautiful Parkchester, lovely area
East Tremont and Purdy street
THAT WOULD BE IN THE BRONX NY.
NITWIT

Care to add anything

Justin
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Justin

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!

sherra
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sherra

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

Scott Smith
Guest

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?

Sheriff Jeff Christopher
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Sheriff Jeff Christopher

Shadowgraph, 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… Read more »

Steve
Member

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… Read more »

S.R. King
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S.R. King

Delaware already IS a police state. We have the highest per capita incarceration rate IN THE WORLD: https://www.datamasher.org/mash-ups/incarceration-rate-inmates-capita
We need Sheriffs, directly chosen by the people, to represent our Constitutional liberties – not a federal or state sell out.

R.W.Hauer
Guest

Wishing all the best for you Sheriff Christopher.

Jeremy
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Jeremy

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,… Read more »

Barbara Young
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Barbara Young

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

gphx
Guest
gphx

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.

icetrout
Guest

God Bless the Sheriffs of OUR COUNTRY!

icetrout
Guest

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

Barbara Young
Guest
Barbara Young

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.

Ida Kelsey
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Ida Kelsey

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

Rosemary Raupp
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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… Read more »

Richard Rowe
Guest

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

Rick
Guest
Rick

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

Dustin
Guest
Dustin

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.

Ceaser Coston
Guest

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… Read more »

Ralph Staunton
Guest

STATE OF DELAWARE ..iMHO in violation of CONSTITUTION , AND SUPREME COURT DECISION (MARK/PRINZ vs US). TIME for a constitutional ATTORNEY for a GOOD and DECENT SHERIFF, OUR FREEDOM, OUR LIBERTY, AND OUR CONSTITUTION. HERE IT IS SHERIFF: including what JUSTICE SCALIA HAS TO SAY. SUGGEST YOU GET FILED. sHERIFFS mARK/pRINZ VS us 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… Read more »

D S Black
Guest

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.

Mike Young
Guest

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.

lauraj4957
Guest
lauraj4957

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… Read more »

TwoPartyFarce
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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!

Mike
Guest
Mike

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

trackback

[…] As an example: The citizens of Washington state voted to legalize pot, the feds keep trolling around threatening to shut dispensaries down & fining & jailing a county’s citizens. The Sheriff’s Office merely has to tell them to leave or face jail time, that’s it, they are the Supreme Law of The Land in their County but they probably won’t do it BUT they can. The feds know it, the sheriff knows it but then the feds would blackmail the sheriff’s & withhold critical funding. If I was wrong about this then the State of Delaware would not be… Read more »

trackback

[…] Take a look at this video and figure out which of the three groups of law enforcement is accountable to the voters. This is a reason there has been a push at the federal level to rid us of LEO that is directly account… […]

Sheriff Hoyle
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Sheriff Hoyle

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