WHO CAN ARREST A SHERIFF? - THE CORONER?
Dear South Carolina Patriots,
We generally understand that our local County Sheriff is the highest law enforcement officer in the applicable county. They are elected officials ... not municipal employees like a local City Police Chief ... they basically don't report to anyone except the voters every four years ... and we understand they have the power to say "NO" to Federal authorities like the FBI, DEA, ATF, etc., etc.
Yes, a lot of folks place a lot of faith in their local elected County Sheriff to stand up and protect them from government overreach ... whether that faith is well placed or not.
But what happens if your County Sheriff goes rouge? Other than the voters every 4 years, who else has any authority over your elected County Sheriff?
Well ... it is a little known, perhaps weird law, following practices of Old England ... but it is on the books here in South Carolina ... and it empowers your local County Coroner (another elected official) to arrest your County Sheriff.
SC CODE SECTION 23-15-120: Coroner to serve or execute process on sheriff in certain circumstances.
If the sheriff shall be a party plaintiff or defendant in any judicial process, execution, warrant, summons or notice to be served or executed within his county, the coroner shall serve or execute such process, execution, warrant, summons or notice. In the discharge of such duties he shall incur such liabilities as would by law attach to their performance by the sheriff himself.
Now, if you read the above it may be a bit confusing in the legal ease ... but it is basically stating that the coroner can serve a warrant and arrest the sheriff. The law itself dates back to 1839, long before the formation of SLED (State Law Enforcement Division) or the SC Highway Patrol ... both of which have statewide jurisdiction ... so there is still some legal interpretations which must be had by our SC Courts to say definitively or not if anyone else can "arrest" a county sheriff.
However, it is clear your County Coroner can arrest your County Sheriff.
Would your local Coroner arrest your local Sheriff if the situation required? Elections are coming up in 2024 ... Sheriff's seem to be getting into more and more legal troubles all the time ... and your local coroner may be on the ballot this year. You might want to ask them. ;-)
YES!!! - LOCAL ELECTIONS MATTER - EVEN FOR CORONER!!!
WHO CAN ARREST A SHERIFF? - THE CORONER?
Dear South Carolina Patriots,
We generally understand that our local County Sheriff is the highest law enforcement officer in the applicable county. They are elected officials ... not municipal employees like a local City Police Chief ... they basically don't report to anyone except the voters every four years ... and we understand they have the power to say "NO" to Federal authorities like the FBI, DEA, ATF, etc., etc.
Yes, a lot of folks place a lot of faith in their local elected County Sheriff to stand up and protect them from government overreach ... whether that faith is well placed or not.
But what happens if your County Sheriff goes rouge? Other than the voters every 4 years, who else has any authority over your elected County Sheriff?
Well ... it is a little known, perhaps weird law, following practices of Old England ... but it is on the books here in South Carolina ... and it empowers your local County Coroner (another elected official) to arrest your County Sheriff.
SC CODE SECTION 23-15-120: Coroner to serve or execute process on sheriff in certain circumstances.
If the sheriff shall be a party plaintiff or defendant in any judicial process, execution, warrant, summons or notice to be served or executed within his county, the coroner shall serve or execute such process, execution, warrant, summons or notice. In the discharge of such duties he shall incur such liabilities as would by law attach to their performance by the sheriff himself.
Now, if you read the above it may be a bit confusing in the legal ease ... but it is basically stating that the coroner can serve a warrant and arrest the sheriff. The law itself dates back to 1839, long before the formation of SLED (State Law Enforcement Division) or the SC Highway Patrol ... both of which have statewide jurisdiction ... so there is still some legal interpretations which must be had by our SC Courts to say definitively or not if anyone else can "arrest" a county sheriff.
However, it is clear your County Coroner can arrest your County Sheriff.
Would your local Coroner arrest your local Sheriff if the situation required? Elections are coming up in 2024 ... Sheriff's seem to be getting into more and more legal troubles all the time ... and your local coroner may be on the ballot this year. You might want to ask them. ;-)
YES!!! - LOCAL ELECTIONS MATTER - EVEN FOR CORONER!!!
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