Skip to comments.County Sheriff Can Bust Big Bro
Posted on 05/01/2008 7:34:43 AM PDT by Born In America
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 Sheriffs Office. Deja vu for those who remember big Richard Mack in Arizona.
(Excerpt) Read more at keenefreepress.com ...
This is great news!
Thanks for posting that. That story is a huge encouragement! We should pass it along to our county officials in all states, exhorting them to “go and so likewise”.
I think I’ll start here in Harris County, Texas.
Very interesting but I suspect there is a long appeals process in store before all is said and done.
Good luck with that. I would not trust some local deputies ( or the Sheriff ) as far as I could throw them when to comes to large scale investigations of local prominent citizens or issues with national security secrets.
It is good news. The downside is that in too many instances County Sheriff’s Dept. are centers for cronyism and corruption.
I love it.
That sure could back up stuff with the IRS and ATF Nazis. Lets hope that this catches on nation wide.
I particularly like the quote from the pre-linked article, "The court decision was the result of a suit against both the BATF and the IRS by Mattis and other members of the Wyoming Sheriffs 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. fii ffndaid
I suggest that you and everyone else read the next page of the Keene Free Press post. It appears the story is BOGUS.
Thanks for the link! I heard it the show this morning also.
People we are better than this. Liberals think with emotions, Conservatives are supposed to think critically, and with LOGIC! (Although I will admit that it's usually paultards and libertines who get caught up in this stuff.)
United States District Court District of Wyoming
Our office has been receiving inquiries regarding the case of Castaneda v. United States, No. 96-CV-099.
This was a civil case arising out of an alleged entry into an apartment by law enforcement officials in June of 1993. The Plaintiffs, who were staying in the apartment, alleged that the officials violated their civil rights. They filed an action against the United States, unnamed INS agents, Big Horn County, the County Sheriff, and unnamed Sheriff's deputies.
The complaint was filed in the Federal District Court for the District of Wyoming in May,1996. The federal defendants were primarily represented by attorneys with the Constitutional Torts Branch of the Civil Division of the Department of Justice. The County defendants were represented by non-federal attorneys. The case was settled following a settlement conference in 1997. The court did not rule on Plaintiffs' claims or any other legal issues in the case. After the settlement conference, Big Horn County Sheriff, David M. Mattis, issued a "Policy."
In the "Policy," the Sheriff purports to impose conditions upon federal law enforcement operations in the County. We have learned that it has been reported, erroneously, that the court made a legal ruling in the Castaneda case regarding the authority of federal law enforcement officials to conduct operations in the County. There was no such Ruling or decision. Instead, the court simply granted a motion, submitted jointly by all the parties, to dismiss the case because the parties had settled.
This Court has never issued an order which would serve to limit the lawful activities and duties of federal law enforcement officers and other federal employees in the District of Wyoming.
Furthermore, this Court has never made the comments attributed to it which purports to advise state officers they can prohibit federal law enforcement officers or agents from entering a Wyoming County. Those alleged quotations are utterly false.
Any person who interferes with federal officers in performance of their duties subjects themselves to the risk of criminal prosecution.
William F. Downes Chief Judge, District of Wyoming
Yessir. Got me a big 'ol smile on m'face.
I don’t believe it. The “96” in the case number indicates this case is twelve years old, not two. I plugged the case number into google and found references to it dating back to 1997.
February 26, 2005
Posted 1:00 AM Eastern
A new bill has been introduced in the Montanta State Legislature which require the County Sheriff be notified before any federal agents are allowed to enter the state with the intention of carrying out law enforcement actions. The bill provides not only for pre-notification, but the Sheriff must also give consent before federal agents may proceed.
A similar action took place back on April 15, 1997, Big Horn County, Wyoming when Sheriff Dave Mattis issued a new policy regarding federal law enforcement personnel:
Federal law enforcement personnel need to notify Big Horn County Sheriff’s Office in advance of any federal law enforcement operation in Big Horn County, Wyoming.
Sheriff’s Office requests the following information before the Sheriff determines whether the Sheriff’s Office will be involved:
An identification of the individuals or residences to be searched or arrested if known.
An identification of the agencies and personnel to be involved in the overall operation contemplated by the federal law enforcement agency.
An identification of the chain of command for the operation or planned activity.
An identification of the translator if those to be arrested or subject to search are not expected to be fluent in English.
Determine the time of day of proposed arrest or search.
The Sheriff’s Office will inquire of federal law enforcement personnel in charge to confirm that the federal law enforcement agency in good faith has probable cause for any potential searches and arrests prior to any such search or arrest of which the Sheriffs Office gains knowledge.
The Sheriff’s Office will discourage federal law enforcement arrests or searches after 10:00 P.M. unless exigent circumstances exist.
If assistance is provided, the Big Horn County Sheriff’s Office will:
Have direct radio communication capability with the Sheriff’s Dispatch during all searches and arrests. Report any observed violation of civil rights to the Sheriff’s Dispatch contemporaneously. Keep dispatcher logs. Prepare after action reports within 48 hours. Conduct thorough investigation of any alleged civil rights violations.
This new policy by Sheriff Mattis was a result of a U.S. District Court decision (Case No. 2:96-cv-099-J) and announced that all federal officials were forbidden to enter his county without his prior approval stating: “If a sheriff doesn’t want the Feds in his county he has the constitutional power and right to keep them out or ask them to leave or retain them in custody.”
Obviously the 1997 guidelines above were instituted based on a 1996 case, not a 2006 case.
I found another website which states that the case was settled, not adjudicated, which if true means the case is not precedent. Other links make me wonder if what is being referenced as the Judge’s ruling is really argument of one of the attorneys.
Although the article and the links refer to upholding the US and Wyoming Constitutions, there’s nothing in the article or the links that shows how the ruling, if it was a ruling, is grounded in the US Constitution, or the Wyoming Constitution, or any case law.
This particular case seems to have been around a dozen years and not gone much of anywhere. There’s another link to Wyoming legislation introduced in 2002 or 2003, based on the same case, but where did that legislation go?
So why are all these events from the 90s and early 2000s being trumpeted now, in 2008, and the case misrepresented as a fairly recent case, when it is a dozen years old?
I know the “county is the highest form of legitimate governmental power” argument has a long association with militia and tax freedom types. I remember hearing it back in the mid 1990s, so this sort of story would obviously have some appeal. But it sounds like someone may be trying to cobble together a story, or a legal argument, out of parts that don’t fit — a practice quite prevalent among the militia and tax freedom types, btw.
You are right. This is a hoax. See above.
In a perfect world I agree with the Wyoming courts. However your premise that the elected officials are closer to the electorate thus accountable is a pipe dream. Good examples are Chicago ( any major city really ) and something I am familiar with south Texas. Good luck on keeping any investigation quiet once you tell a deputy or Sheriff down there ( I’ll say there are exceptions ). Not only do they protect ( or look the other way ) when it comes to big donors but also their loser family members as well. There are cases when the locals are co-conspirators.
It needs to be a balance. There are times when you tell the Sheriff or local chief and times you dare not.
I will say that I doubt the Sheriff needs to know anything that the IRS is doing. As far as mainstream violent or crime against persons that the FBI, DEA, BATF investigate it is a judgment call. I would also say that ICE investigations are not the business of the locals when they may have family members that are illegal or a large portion of their constituents do.
I'm just glad the federal government is above cronyism and corruption!
Corruption and cronyism IS present a Federal levels but it is usually subject to much more scrutiny by well armed scrutinizers than Local/County level fiefdoms are. Hence, it is subject to better disclosure IMO.
“I cannot believe that Conservatives continually seem to lack the critical reasoning skills necessary to see through stuff like this. It is almost as if individuals think that if they believe something long enough it will magically become true. “
Well said, Freedom Warrior. This bogus story was news to me, but the reference to the “county as the highest form of government” and the obvious faking of the date of the 1996 case as a 2006 case tipped me off immediately, so I just plugged the case number into google, and the story began falling apart.
In the early 1990s I read a book about a California “militia” man, one of whose acolytes robbed a bank and killed a sheriff or a CHP officer. I can’t remember the name if it, or the characters involved, but the author was a reporter for the Sacto or Modesto or Fresno Bee newspaper. It was fairly sympathetic to the the Militia man, but it showed a lot of the belief systems of the militia and tax freedom subculture.
For those who have been taken in by this story, as a primer to these sorts of beliefs, there is a good compendium at:
Idiot Legal Arguments: A Casebook for Dealing with Extremist Legal Arguments
By Bernard J. Sussman, JD, MLS, CP
That’s why Joe Arpaio can run his own illegal immigrant prison camp in Maricopa Co. AZ. The federal government can’t do a thing about that legally. All our county sheriffs running for election this year should be asked about what they are doing to protect and defend the counties they are wanting to lead.
You get what you vote for and local control is best for voters.
How dare we call them on the hoax!
(I notice this to be a recurring theme in any of the threads tagged "WOD".)
Perhaps, but thanks for the heads-up. I was taken in.
I have news for these people. Yes we did land on the moon. No aliens are not broadcasting signals that can only be stopped via tin-foil. Yes marijuana is still illegal.
Before everyone gets lathered up about this, just think of the consequences in terms of national security and immigration enforcement in the blue states.
Does anyone really think that the NSA is going to clear anything with a local sheriff that does not even have a security clearance?
Don’t be quite so hard on them, or me.
There are a lot of us who are so wanting to hear some good news in this fight against creeping Big Government that this kind of story easily catches our fancy.
apparently discussed on Freep many years ago, as well.
do a title search for “WYOMING SHERIFFS PUT FEDERAL OFFICERS ON CHOKE CHAINS”
“Thanks for posting that. That story is a huge encouragement! We should pass it along to our county officials in all states, exhorting them to go and so likewise.”
Yes! But what do we do here in Washington with King County, the location of Seattle. The Sherrif could set up a ghestopo regime quite easily.
This is a (rural) urban legend that has been debunked, 8 years ago.
Here is the original thread from January 200 on FR abuot this:
You are joking! You mock a fait accompli! However, with the Democrats in-charge in Washington, no federal investigation of criminality will take place in King County; elections or anything else the socialist partners in both localities agree on!
The *real* myth is that Sheriff's aren't subject to the laws of the land, including their own state's — so they can't setup criminal gangs, or support criminal activity. If the BATF or IRS, or any other federal agency, has clear juristiction (say, tax fraud or unregistered automatic weapons), and the Sheriff supports that illegal activity, then they are subject to both federal and state law.
AND! You can believe that these Sheriffs will be INVESTIGATED if they so support any illegal activity!
Having said that, I admire and respect Sheriffs who won't allow the IRS, or other federal agencies to FISH for “evidence” or act against law by taking tax “rules” to federal court, and where there are NO LAWS which allow that court juristiction for TAX RULES — those commie tyrant bastards who subvert the law in doing that.
Emptying bank accounts and foreclosing homes and property without a conviction under law is a CRIME under our US Code, because it is an application of distraint without trial!!!!
Go over and read the Snipes thread — all those supposed “conservatives” supporting the idea that you can be forced to reveal your private papers and “things” and completely abolishing the 5th Amendment to the Constitution and almost every other one.
What law under US Code makes it a crime to not file?
Say which one it is, or understand that the federal government is a pack of criminal tyrants, no better than Mao and his acknowledgement that power to steal and rob “legally” comes from the barrel of the government's gun.
The USA was MORTALLY WOUNDED when the 16th Amendment supposedly changed the Constitution (in almost every article), and its national, conservative throat was cut when the VOLUNTARY (idiots can't understand that word) Income Tax and Withholding (before you owe) was used as a knife at the throat of freedom.
Now the excuse: take from the rich to give to the poor, is evolving from "humanitarian" socialism into outright COMMUNISM as the petty tyrants of government consider quasi-nationalizing oil and 1/4 of our economy in "Free" medical care/insurance.
Anything other than a National Sales Tax is continuing TREASON against the Constitution and rule of law, as in the MASSIVE revenge of government against those who protest their dictatorial idea that citizens can be forced into monetary slavery by massive government force. Snipes gets 3 years for not filing, and there is no law against not filing -- just an IRS Rule that the federal Courts seem to allow *directly* against the 5th -- there is no US Code law which makes not filing illegal.
This message/opinion/belief is PUBLISHED and presents my protest against the federal tyranny of demanding I file a withholding statement without a law to justify it, constitutionally. Send me to jail for 3 years or more at the cost of over $100K a year, I dare you petty tyrants to spend millions to send me to federal jail against my support of my nation's Consitution. signed officially:
Thomas A. Dowe