The duly elected sheriff of a county is the highest law enforcement official within a county. He has law enforcement powers that exceed that of any other state or federal official.
This is settled law that most people are not aware of.
County sheriffs in Wyoming have scored a big one for the 10th Amendment and states rights. The sheriffs slapped a federal intrusion upside the head and are insisting that all federal law enforcement officers and personnel from federal regulatory agencies must clear all their activity in a Wyoming County with the Sheriff’s Office. Deja vu for those who remember big Richard Mack in Arizona.
Bighorn County Sheriff Dave Mattis spoke at a press conference following a recent U.S. District Court decision (Case No. 2:96-cv-099-J (2006)) and announced that all federal officials are forbidden to enter his county without his prior approval ……
“If a sheriff doesn’t want the Feds in his county he has the constitutional right and power to keep them out, or ask them to leave, or retain them in custody.”
The court decision was the result of a suit against both the BATF and the IRS by Mattis and other members of the Wyoming Sheriff’s Association. The suit in the Wyoming federal court district sought restoration of the protections enshrined in the United States Constitution and the Wyoming Constitution.
Guess what? The District Court ruled in favor of the sheriffs. In fact, they stated, Wyoming is a sovereign state and the duly elected sheriff of a county is the highest law enforcement official within a county and has law enforcement powers exceeding that of any other state or federal official.” Go back and re-read this quote.
The court confirms and asserts that “the duly elected sheriff of a county is the highest law enforcement official within a county and has law enforcement powers EXCEEDING that of any other state OR federal official.” And you thought the 10th Amendment was dead and buried — not in Wyoming, not yet.
Does the Santa Clara County Sheriff care about being a check on the Federal Government? I doubt it. I suspect her personal politics are in line with most people in state government.