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Sheriff Can Bust Big Bro #150579
02/16/2010 12:31 PM
02/16/2010 12:31 PM
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ConSigCor Offline OP
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County Sheriff Can Bust Big Bro

by Dave Robinson Keene Free Press March 31, 2008

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.

But it gets even better. Since the judge stated that the sheriff “has law enforcement powers EXCEEDING that of any other state OR federal official,” the Wyoming sheriffs are flexing their muscles. They are demanding access to all BATF files. Why? So as to verify that the agency is not violating provisions of Wyoming law that prohibits the registration of firearms or the keeping of a registry of firearm owners. This would be wrong.

The sheriffs are also demanding that federal agencies immediately cease the seizure of private property and the impoundment of private bank accounts without regard to due process in Wyoming state courts.

Gosh, it makes one wish that the sheriffs of the counties relative to Waco, Texas and Oklahoma City, Oklahoma regarding their jurisdictions were drinking the same water these Wyoming sheriffs are.

Sheriff Mattis said, “I am reacting in response to the actions of federal employees who have attempted to deprive citizens of my county of their privacy, their liberty, and their property without regard to constitutional safeguards. I hope that more sheriffs all across America will join us in protecting their citizens from the illegal activities of the IRS, EPA, BATF, FBI, or any other federal agency that is operating outside the confines of constitutional law. Employees of the IRS and the EPA are no longer welcome in Bighorn County unless they intend to operate in conformance to constitutional law.” [Amen].

However, the sad reality is that sheriffs are elected, and that means they are required to be both law enforcement officials and politicians as well. Unfortunately, Wyoming sheriffs are the exception rather than the rule . . . but they shouldn’t be. Sheriffs have enormous power, if or when they choose to use it. I share the hope of Sheriff Mattis that “more sheriffs all across America will join us in protecting their citizens.”

If Wyoming Sheriffs can follow in the steps of former Arizona Sheriff Richard Mack and recognize both their power and authority, they could become champions for the memory of Thomas Jefferson who died thinking that he had won those “states’ rights” debates with Alexander Hamilton.

This case is not just some amusing mountain melodrama. This is a BIG deal. This case is yet further evidence that the 10th Amendment is not yet totally dead, or in a complete decay in the United States. It is also significant in that it can, may, and hopefully will be interpreted to mean that “political subdivisions of a State are included within the meaning of the amendment, or that the powers exercised by a sheriff are an extension of those common law powers which the 10th Amendment explicitly reserves to the People, if they are not granted to the federal government or specifically prohibited to the States.”

Winston Churchill observed, “If you will not fight for right when you can easily win without bloodshed; if you will not fight when your victory is sure and not too costly; you may come to the moment when you will have to fights with all the odds against you with only a precarious chance of survival. There may be a worse case. You may have to fight when there is not hope of victory at all, because it is better to perish than to live as slaves.”

Dave Robinson, Brunswick, Maine

Source: Keene Free Press


"The time for war has not yet come, but it will come and that soon, and when it does come, my advice is to draw the sword and throw away the scabbard." Gen. T.J. Jackson, March 1861
Re: Sheriff Can Bust Big Bro #150580
02/16/2010 01:31 PM
02/16/2010 01:31 PM
Joined: Dec 2009
Posts: 68
Indiana
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The Mechanic Offline
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Indiana
Quote
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 not exactly true at least not in Indiana, even though the coroner is the only official that can arrest the sheriff a city or town officer has more arrest powers because they can enforce city ordnances - federal laws,and the sheriff cannot enforce the city laws, just like a fed cannot write a speeding ticket on a state statue.


'The most terrifying words in the English language are: I'm from the government and I'm here to help.' - Ronald Reagan
Re: Sheriff Can Bust Big Bro #150581
02/17/2010 03:12 AM
02/17/2010 03:12 AM
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ConSigCor Offline OP
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ConSigCor  Offline OP
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Sheriff Runs Campaign on Upholding US Constitution

Steve Kendley
Wednesday, February 17th, 2010

I am writing you to tell you of a major plan that I am undertaking after great personal reflection and prayer.

Please allow me to give you some background.

I have had a varied life, holding many great occupations and hobbies, but one constant interest since I was a young boy is my love for firearms. It was this interest that caused our paths to cross. You could not know that my interest in firearms led me, through complicated circumstances, to take a huge chance several years ago. I began to study with great interest the importance of the elected “Office of Sheriff” and explore how unique the “Office” is and more importantly may become in our future. I learned that the Sheriff is the “Chief Law Enforcement Officer” elected by the people in every county. As I researched more, I became more excited. I believe the “Office of Sheriff” is a check and balance that the founders of this country must have counted on to protect the very document and its ideals that have held our country together these centuries. As “Chief Law Enforcement Officer”, the sheriff is elected by the people to be the last protector, standing in the gap, to guard our freedoms at the individual level. The sheriff, if he knows his true authority, is the grass roots defender of the Constitution. In fact, though most do not know it, the selection of your sheriff has probably more potential to affect each citizen’s welfare than their choice of president. It is not advertised as such, but it is true that the Sheriff, besides being sworn to uphold the Constitution, is the leader of the militia in each county of the United States!

In Montana there is now an attempt to put legislation in front of the voters called the “Sheriff First Law”. This law will require any Federal Law Enforcement Agency to get the permission of the county sheriff first, before undertaking any action in a county (as it should be). The sheriff would then have the power to approve or veto that request! Imagine constitutionally aware sheriffs protecting their citizens from abuses that threaten them and having the authority to hold those agents accountable for their actions.

The Montana Firearms Freedom Act is serving as a model for other states. I have heard more than twenty states have now adopted similar legislation. These concepts could spread and have a huge affect for the cause of freedom…

I left a secure job in 2005 and at age 47, put myself through the Montana Law Enforcement Academy. At the culmination of that course, I was administered the “Oath of Office“, by the Attorney General of the State of Montana. Memories of an earlier administering of that same oath came back to me. You see, when I took my first “Oath of Office” in front a Marine Recruiter at age 19, it flipped a switch in me. I meant every word of that Oath. I again renewed the literal meaning of every word when I repeated that Oath as a peace officer.

Sheriff Runs Campaign on Upholding US Constitution 190110banner4

My first offer of employment which I accepted was a much lower paying job than I had left. I was hired on the night shift as a small town police officer. Had I known how difficult the path I was taking would be, I might never have taken this plunge. Within a year and a half I was hired by my county’s sheriff’s office. One sad thing really bothered me. I met some officers who did not understand or remember that they had taken an oath to protect and defend the Constitution from all enemies, foreign and domestic. I even met a few who, when shown a pocket U.S. Constitution which I carry, thought it was “right wing propaganda”!

I worked hard to win peoples trust and soon became a detective. I continued to see a wide variety of officers. Many are good people. Others however, seemed interested in power, exercising authority and running up their statistics as if this made them better officers… Sometimes I wondered if I had the right personality for the job, but often I met citizens who tell me how much they appreciate a compassionate officer. Now I know that I am working in the right place at the right time…

I began to look at how the power struggle for the upcoming sheriff’s election was heating up and I realized that I have no choice but to jump into an area where I never expected to go- politics. I am running as an Independent for the Office of Sheriff for Lake County Montana. My campaign will be unique in that I am basing the first “plank” of my campaign on upholding the Oath of Office to defend the Constitution of the United States and the Constitution of Montana from all enemies, foreign and domestic.

Steve, you may not feel this is an appropriate request, but this Independent campaign is going to require a lot of foot work, money and a lot of information to get to the citizens of Lake County. I am asking you to consider allowing me to appeal to your readers to contribute to this campaign, no matter where they live in the hope that it will succeed and candidates of like mind will spread throughout this country. I believe in the coming years this may be key to holding those who are against us at bay and giving hope to a future where again those simple principals that founded this Nation may flourish.

If you can, pass this on to your readers. Please do remember me in your prayers. If you will allow this message, please ask your readers to see my web site at www.sheriffkendley.com

Thank you for all you do.
Sincerely,
Steve Kendley


"The time for war has not yet come, but it will come and that soon, and when it does come, my advice is to draw the sword and throw away the scabbard." Gen. T.J. Jackson, March 1861
Re: Sheriff Can Bust Big Bro #150582
02/17/2010 04:08 AM
02/17/2010 04:08 AM
Joined: Dec 2009
Posts: 68
Indiana
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The Mechanic Offline
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Joined: Dec 2009
Posts: 68
Indiana
Ok, wish I lived there


'The most terrifying words in the English language are: I'm from the government and I'm here to help.' - Ronald Reagan

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