Sheriff Jeff Christopher of Sussex County, Delaware, when he was elected to the office in 2010, thought he was handpicked by the people to represent them as the highest-ranking law officer in the county. Instead, he has found himself in the middle of a fight for the future of American law enforcement as a result of a nationwide effort to abolish the sheriff’s office altogether.
It is one more example of federal and state governments ignoring the will of the people as well state laws. In the case of Delaware, the state’s own constitution stipulates that the office of the sheriff is a constitutionally created position just like the secretary of state and the attorney general. Delaware’s Constitution states: “The sheriffs shall be conservators of the peace within the counties . . . in which they reside.”
This time it is Delaware Attorney General Beau Biden, son of Vice President Joe Biden, sending out mandates to commissioners informing them that their sheriffs no longer have arrest powers. In an opinion released February 24, State Solicitor L.W. Lewis said that neither the state nor the common law grants arrest powers to the county sheriffs.
It would appear that Lewis is a little confused. The office of sheriff was created more than a century before the official founding of the United States. Delaware’s first sheriff took office in 1669.
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