NRS 248.090 General duties. Sheriffs and their deputies shall keep and preserve the peace in their respective counties, and quiet and suppress all affrays, riots and insurrections, for which purpose, and for the service of process in civil or criminal cases, and in apprehending or securing any person for felony, or breach of the peace, they may call upon the power of their county to aid in such arrest or in preserving the peace.
[5:38:1861; B § 2956; BH § 2123; C § 2244; RL § 1647; NCL § 2148]
NRS 248.092 Searches and rescues. The sheriff is responsible for searches and rescues within his or her county.
(Added to NRS by 1983, 1354)
NRS 248.100 Attendance at sessions of district court required in certain counties; duty to obey lawful orders of district court and to execute process, writs and warrants unless constable authorized to do so.
1. The sheriff shall:
(a) Except in a county whose population is 700,000 or more, attend in person, or by deputy, all sessions of the district court in his or her county.
(b) Obey all the lawful orders and directions of the district court in his or her county.
(c) Except as otherwise provided in subsection 2, execute the process, writs or warrants of courts of justice, judicial officers and coroners, when delivered to the sheriff for that purpose.
2. The sheriff may authorize the constable of the appropriate township to receive and execute the process, writs or warrants of courts of justice, judicial officers and coroners.
[6:38:1861; A 1873, 115; B § 2957; BH § 2124; C § 2245; RL § 1648; NCL § 2149]—(NRS A 2001, 1455; 2007, 2189; 2011, 1128)
Sheriff Gillespie, It Is All Good
Under the Nevada Revised Statutes, Clark County Sheriff, did exactly what his general duties required, to the tee; however, Cliven Bundy, bushwhacked the good Sheriff, when he went to see if he could work out a negotiated settlement, alone, and found camflouged military looking guys, standing around Bundy's alleged bully pulpit . . . demanding that the sheriff do his job and kick the BLM off the land. Tell me, Clive and the rest of you, who showed up to support the effort to protect the cattle, or Bundy's personal property from being removed from grazing lands, and sent to auction in Utah or Colorado, under what authority, or law, statute, rule, order, or any law abiding manner, Sheriff Gillespie was failing to do his job?
I was somewhat taken back by the sign posted behind the microphone Bundy was speaking or yelling from, in the face of the Sheriff, telling him, he was not doing his job. The heads moved back and forth, at various times, only showing a few words at a time, but the sign appeared to say, He great danger . . . I never caught the full sentence, but I was alarmed by those words. Here is the one person, who was actually doing all he could to defuse, what could have been a very tragic and horrific end to this conflict. I know, myself included, have tried to support sheriffs, in fulfilling the entirety of their responsibilities, one tough job!
Federal agents who stormed the Bundy ranch, stomped on Bundy's son's head and throat, killed cattle, bulls especially, were totally out of line, and using heavy handed government tactics, much like used at Waco, and Ruby Ridge, over a seemingly small issue, not worthy of the boot, gun and man power. You are referred to by many as jack-booted thugs . . . Clive Bundy, on the other hand, is a welfare bigoted rancher, as long as he refuses to pay for his grazing and lease rights, all 20 years of free food for his cattle, a ease into the 21st century. I believe, that at times, you have to go to war, to get to peace, so good for the militia and cowboys, who showed up in force . . . force begets force, almost a self defense, that is precisely why the founding fathers gave the states, to remain free, the right to form militias and have guns!
Only the Small are Cruel--Hot Rods or Cool Classics?
Amide all the pissing, muscle flexing, guns, anger, with both sides, right and wrong, there was one, rational, calm, dignified voice of reason, who knew his job, was neither bullied or forced into doing more or less than his official duties and responsibilities permitted and allowed, the loan person, who represents, not only the citizens who elected him, but law enforcement, in a peace keeping capacity, doing all in his power to keep the rebellion under control, brave enough to step up, stand, while angry mobs with guns, threatened, ridiculed, and tried to push him, to do what he knew he didn't have the right to do.
A great resolution to a very emotional, hotly charged issues, that could have exploded into a very ugly situation. I listened to one video, in which, Daniel P. Love--interesting name for the guy in charge of BLM operations, but a pretty cool head under the situation, talking to a cowboy, with both siting authority under the Constitution to claim to have the Sheriff's services on their side. I loved it, searching for authorization under the Supreme Law of the Land . . . AWESOME, AND WHERE WE WANT TO BE!
Although, Officer Love, doing the typical fed bullying act, stated that the rancher's supporters, better hope 10,000 militia members showed up . . . I am sure, after he and his men, saw these guys were not messing around, he was probably glad, that only 300 at a time, stood firm, and controlled the bridge . . . great made for TV footage of the whole thing . . . GOD BLESS AMERICA, THE WILD WEST, AND THE U.S. CONSTITUTION!
Two Guys Running for Sheriff in Missoula, Montana
I do not know either candidate, nor the third person running; I just happened, one morning to read the Opinion Section of the Missoulian, and noticed that a particular endorsement, of one of the candidates, a fellow co-worker, it sounds like someone who works with the officer seeker, in the Sheriff's Department, already, as deputies or under sheriff, not only endorsed the professionalism of the candidate, but commented that the man, if elected would uphold the laws, he took an oath to defend and enforce. Then the writer even went on to say, that there were additional parts of the oaths, that Montana Sheriff's attest and affirm they will uphold, to serve the community, safeguard lives and property, protect the innocent, keep the peace, and ensure the constitutional rights of all are not abridged.
That alone, is reason enough for me to live in Montana, since coming from Utah, where they would rather kill a constitutional law attorney, rather than admit they are wrong, haven't been doing the very basics of their jobs, and even the perpetrators of a threat to life and property, going after the innocent, allowing the guilty to use the system to batter the innocent, with egregious acts of abuse of power, failure to keep the peace, but acting in concert with not elected officials, unauthorized rogue federal agents, to put the citizens, unlawfully under martial law, without the property constitutional support, and authorization, and have sorely violated constitutional rights, as if that document, never even existed, confiscating property for their own benefit! So, kudos to the Missoula, Montana sheriffs! Iron and Washington County Sheriffs, working in unconstitutional collusion with other idiots who follow the UnPatriot Act, can rot in hell, in Utah!
Beware of Wolves in Sheep's Clothing--Sheriffs Have to Answer to the People
The other candidate, appears to be coming from within the ranks and file of the police department, maybe even a former chief of police, with endorsements from the Mayor and other city officials, but lacking one important element, the pro-constitutional position, that may just pit a sheriff against a mayor or others who have endorsed him. There needs to be an allegiance to the concepts and principles, the dirty details of a particular factual situation, may create a sheriff to compromise his or her belief system, oath, and value system. And if the Constitution is not your value system, the people should not want this person, regardless of how many endorsements he has.
Make up your own mind, electorate, stop being mindless ninnies, without a firm belief in whom to elect, movie stars, and other elected officials, do not change the nature of the job--in a large article, I read, there was not one mention, among all the great honors, awards, positions within the cop agency, of the U.S. Constitution, the controlling document, along with the state constitution and state statutes or laws. That would concern me. The final straw for me leaving Utah, was three clerks from the Lt. Governor's office, after asking me what kind of law I practiced, said, simultaneously, to my response, that I was a constitutional law attorney, Does anyone still believe in that anymore? Not in Utah, that is why I am moving to Montana!
Police Officer Says He Will Take Off Uniform, Rather Than Betray His Oath
The government, in its usual intrusive way, stole this blog several weeks ago, so I set up the Internet Sheriff: No Country for Stupid Men & Women, Elected, Tradition & History . . . , which, luckily was up for the two weeks that the Bundy situation was going on. My daughter, Greta Secrist Hyland, was literally about an hour away from the rebellion & insurrection, if you will, legal as hell, under the 2nd amendment, although defending a law breaker, with the BLM, fully constitutional in their right to manage our public lands, now rationally dealing with the situation through court and legislative means, rather than show of force . . . but as a consequence of that two week blog, that has now been hijacked--don't want you to know you don't have to abide by the UnPatriot Act, but the Constitution is still the law of the land, I took the time to look at a lot of videos and interviews with both sheriffs and police, and it was thrilling to see how many are taking stands and defending the Constitution against the feds!
This particular officer, while I didn't catch his name, was cool, passionate, and strong in his resolution to literally take off his uniform, rather than support the thugs that beat up some lady, if I remember, for doing what, I can't remember, but he was exercised and pissed, beyond what you normally see, and good for him . . . there are times in life, you have to draw a line in the sand, and this officer and the interviewer did . . . the video is under Anthony something show. I know that police chiefs are hired, appointed, or commissioned; therefore, they are not held as accountable to the people, as are sheriffs. But, I would guess, that all of them hired, or sworn in, must take an oath to do something like, protect, preserve and defend the U.S. and their state constitutions, as are all officials who serve the local, state and federal government and the people! So, no excuses . . .
St. Charles, the Largest County in Missouri, Just Voted To Force Sheriffs to Become Part of the Police Force!
This is not a wise move, yes, sheriffs, along with their other duties, are peace and law enforcement officers, but they do much more than that. Serving as officers of the court, dealing with protecting property, lives, but also, being the entity to serve process and execute on foreclosures, notices of default, or serve warrants, this is not typically, the duty or the responsibility of a police department. There is distinction between the two, while both law enforcement, the law is about definitions and hair splitting, one size does not fit all cops! That is a very stupid move for the county, you need both cops in the county and the city, with different duties and issues, that may, in fact, cause some conflict between the traditional role of a sheriff, and that of a city cop. Think, before you enact this law, most citizens, don't know there is a difference! You have until 2015 before this error is put into motion, and your sheriffs are pissed! And rightly so!
In Salt Lake City, Utah, there is a Unified Police & Firefighters Association, for jurisdictional, safety, and logical reasons, that may work, but the sheriff is not to be lumped into that category, he/she is the law enforcement and peace keeper in the unincorporated areas of the county, where cities may not connect, citizens have not incorporated for one reason or another, and some are so far outside the city limits, that actions will tax the budgets, and take away from the city, where the majority of crimes are committed. So blending, the two very different, while is some ways the same, law enforcement agencies is a huge mistake . . . plus, citizens, are losing that unique and traditional role of a sheriff!
In essence, the people are losing their voice, their representation, their guy who has to answer to them, and replacing it with an appointed or hired individual, that is at the beckon call of the Mayor, will still elected, the police chief has to keep the city officials happy, while the sheriff acts, and has to worry about his constituency, the people. If he/she is gone, good luck, what is your recourse, how to unseat the mayor, so you can get at the chief of police, or just elect another or new sheriff, if the old one doesn't do the job. Like I said, my blog is messed with, deleted, stolen, frozen, numbers manipulated, if I even get to see them at all, and I am dealing with nameless, faceless, enemies in the NSA, CIA, and FBI, that really, don't at times answer to anyone, so a sheriff is one tradition that you want to keep, and he may, as was this police officer above, side with the people, rather than the feds, or the mayor, or whoever!
Both California & Utah Sheriff's Associations Have Sided With the People, Against the Feds for Usurping the Constitution
When all the conflict over gun control and rights, surfaced after the Sandy Hook, Connecticut incident where 21 elementary students and teachers were gunned down, and Congress was being pushed to adopt more strike gun control legislation, nationally, the Utah Sheriff's Association, wrote a letter to President Obama, literally, saying that they would defend their citizens' rights, to bear arms, with their lives . . . now that is powerful medicine, and cool as hell! I didn't get a chance to see the video on the California Sheriff's Association, but the fact that they are taking on the feds, and protecting your rights, is awesome.
There is no reason for cops and sheriffs to be at odds with each other, so knock it off, there are two states, fighting between the two--back off, you both have different duties and responsibilities, get your city and county attorneys to run off a copy of your statutory authorizations, and respect the differences! Both entities are valuable in their own rights, so don't trash, merge, or disenfranchise either one, and they need to remain separate . . . Ms. Conspiracy Theorist, wonders if there is not some national sinister movement afoot, to get sheriffs out of the way, so the feds can have their way with the people, city cops are not tied to the people, other than through the mayor!
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