View Full Version : ? on arresting a county sheriff
platoonDaddy
04-12-16, 18:36
Local sheriff was arrested for 2nd degree assault for a "domestic issue", of course that generated an interesting thread. Come to find out that in some states (actually only Kentucky was referenced) only the county coroner can arrest a sheriff.
Being curious, wonder if there are other states besides Kentucky with a similar law?
Kentucky law states that only the county coroner, also an elected peace officer, can serve the sitting sheriff with a state criminal court process or place him/her under arrest (any peace officer, however, can arrest the coroner).
https://en.wikipedia.org/wiki/Sheriffs_in_the_United_States
When I was sworn as the Assistant Coroner in this county in Minnesota, I was advised that that might be one of my duties. The Sheriff is a friend of mine...I enjoy ribbing him about it.
We don't seem to have a problem arresting Sheriffs in Broward County. Ken Jenne was arrested for corruption, tax evasion and mail fraud.
https://en.wikipedia.org/wiki/Ken_Jenne
Our state bureau of investigation arrests them all the time. Other agencies will nab one every now and again for DUI or something.
FromMyColdDeadHand
04-12-16, 21:23
New verse to "I Shot the Sheriff"....
Our state bureau of investigation arrests them all the time. Other agencies will nab one every now and again for DUI or something.
This. If Johnny Slicksleeve saw Sheriff Shoeshine beating his old lady; it can still be on like donkey kong.
People forget that it means a warrant or civil process. There have been several Georgia Sheriffs decertified and arrested for doing illegal shit.
They think that because they are elected that it exempts them. Nope. Mess up bad enough and alphabet soup gets involved and it is game over.
I personally know of two sheriffs that will not leave their county because they are crooked as shit. One who won't drive himself anywhere.
C'est la guerre
As far as I have been educated it, they can be arrested by anyone. Now as for coroner, traditionally they had more legal authority than a sheriff.
I dunno about so much "more authority" but a sheriff is a constitutional officer in the sense that they are elected. Same with localities that have a Marshal or even a Constable. Coroners are likewise elected and do in service. They don't even have to have any medical training unlike a Medical Examiner.
Like....if Sheriff So and So was getting served divorce papers, it'd likely go through a Marshal or a Coroner since he can't serve himself.
But you can most certainly get 10-8 on a sheriff for committing a crime
In our state the Coroner has the legal authority to remove the Sheriff.
To be a Coroner you need 1) a High School diploma and 2) enough votes on election day.
I dunno about so much "more authority" but a sheriff is a constitutional officer in the sense that they are elected. Same with localities that have a Marshal or even a Constable. Coroners are likewise elected and do in service. They don't even have to have any medical training unlike a Medical Examiner.
Like....if Sheriff So and So was getting served divorce papers, it'd likely go through a Marshal or a Coroner since he can't sue himself.
But you can most certainly get 10-8 on a sheriff for committing a crime
I was meaning in like common law England tradition; where our whole idea of constables, shariffs/shire reeves, night watchman, etc. come from. At least from what I remember from class a couple years ago.
We don't seem to have a problem arresting Sheriffs in Broward County. Ken Jenne was arrested for corruption, tax evasion and mail fraud.
https://en.wikipedia.org/wiki/Ken_Jenne
That was a federal indictment. The FBI has jurisdiction to investigate public corruption at all levels and plenty of US attorneys are more than happy to impanel a federal grand jury. If memory serves, that particular case was a joint investigative effort between the FBI, USPS-OIG, and IRS-CI.
I believe that the OP was asking about state criminal statutes which vary.
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