Charles Underwood wrote:
> I find Neal's references to Sheriff Fletcher trying to "keeping and
> preserving the peace" to be outright absurd.
<snip>
"The sheriff shall keep and preserve the peace of the county, for which
purpose the sheriff may require the aid of such persons or power of the
county as the sheriff deems necessary. The sheriff shall also pursue
and apprehend all felons, execute all processes, writs, precepts, and
orders issued or made by lawful authority and to the sheriff delivered,
attend upon the terms of the district court, and perform all of the
duties pertaining to the office..." Section 387.03, Minnesota Statutes,
2007.
If you don't like the law, Mr. Underwood, you may petition the
legislature to repeal Section 387.03 and strike all common and
statutory law empowering the Sheriff. After you do so, when your
political opponents show up at a Green Party Convention with baseball
bats, steel pipes and tire irons - and you beg the Sheriff to protect
your democratic rights, he will just stand there, for he and his
deputies will only have the authority and liabilities of a citizen.
Sorry, Charlie.
Chuck Repke wrote:
> No, no the Sheriff does not have the ability to on his own make a
> determination that a lawful assembly in a rented public hall makes the
> rental hall a public nuisance. That is so far beyond the boundary of
> what has ever been determined to be a public nuisance that those who
> have the NORMAL responsibility to enforce the statute in the City of
> Saint Paul immediately reversed the inappropriate and illegal
> interpretation of the statute and allowed the rental hall to continue
> in the normal course of its business practices.
Reiterating:
The Sheriff is the primary law enforcement officer of the county and is
responsible for keeping and preserving the peace. [1] Sheriff Fletcher,
as the chief peace officer of Ramsey County, is responsible both by
common and statutory law to keep and conserve peace and good order
within his county. [2] Sheriff Fletcher has a general responsibility
for enforcing the criminal laws throughout his county, and it is his
duty, so far as available means permits, to take the initiative -
without waiting for complaints - to investigate conditions respecting
observance of the law. [3] He has powers stated by tradition, common
law, and statute. [4] A sheriff has the duty to prevent breaches of the
peace. [5]
The Sheriff has wide ranging powers to preserve the peace of the
county. With probable cause established concerning the anarchists,
Sheriff Fletcher had the authority to prevent injury to persons
attending the Republican Convention, prevent loss of life, destruction
of property, disruption of lawful activities and commerce, and prevent
the disintegration of public order. Having probable cause and being
responsible for the peace of Ramsey County, he had both the authority
and duty to detain persons necessary to conduct an investigation, and
to execute a search warrant issued by a court of competent
jurisdiction.
> those who have the NORMAL responsibility to enforce the statute in
> the City of Saint Paul immediately reversed the inappropriate and
> illegal interpretation of the statute and allowed the rental hall to
> continue in the normal course of its business practices.
The Sheriff of Ramsey County, as any Sheriff, will respect the
authority of a city or municipal corporation to enforce local
ordinances and employ it's own police force to patrol the city. The
authority of the City of St. Paul does not abrogate the authority and
power of the Sheriff.
In view of the common law and statutory law citations affirming the
power of the Sheriff of Ramsey County, Mr. Repke should state which
statute to which he is referring, and then prove his assertion that
Sheriff Fletcher's interpretation of the statute in question was
"inappropriate", and that Sheriff Fletcher's action was "illegal".
> He had no authority to declare the hall a public nuisance, the hall
> owner was acting lawfully no matter what Fletcher felt about the RNC
> Welcoming Committee.
The Sheriff has the authority to declare a public nuisance. [6]
Grace Kelly wrote:
> Trust broken.
Ox gored.
Bill Kahn wrote:
> Well perhaps Sheriff Fletcher was acting on a higher authority, like
> the authority of Sarah Palin's pastor, Thomas Muthee, who apparently
> Palin credits with her rise to the office of the Governor of Alaska.
Religious tests are prohibited in the United States [7] and in
Minnesota. [8]
You were implying...what?
Neal Krasnoff
Minneapolis
[1] "The sheriff shall keep and preserve the peace of the county, for
which purpose the sheriff may require the aid of such persons or power
of the county as the sheriff deems necessary. The sheriff shall also
pursue and apprehend all felons, execute all processes, writs,
precepts, and orders issued or made by lawful authority and to the
sheriff delivered, attend upon the terms of the district court, and
perform all of the duties pertaining to the office..." Section 387.03,
Minnesota Statutes, 2007.
[2] In re Olson, 1941, 211 Minn 114, 300 N.W. 398.
[3] Op.Atty.Gen., 733, July 14, 1947. "A sheriff has a general
responsibility to...take such actions as certain statutes may require
for the prevention of violations, to arrest offenders when sufficient
grounds appear, to swear to criminal complaints when he has sufficient
knowledge of the facts, and to investigate criminal cases and secure
evidence for the prosecution thereof, and anyone may make a report to
the sheriff, who should make such investigation and take such action as
the case may require".
[4] See, generally, 80 Corpus Juris Secundum 74. "[The Sheriff]...must
enforce the laws enacted for the protection of the lives, persons,
property, health, and morals of the people". At 164. "As a peace
officer, it is the duty of a sheriff...to preserve the peace or act as
conservator of the peace within [his] county, using such force as may
be necessary to preserve the peace. At 164, 165. See, also, Sheriffs,
Police and Constables, 70 American Jurisprudence 2d.
[5] Ibid, at 165.
[6] Ibid.
[7] Article VI, clause 3, United States Constitution. "...no religious
test shall ever be required as a qualification to any office or public
trust under the United States".
[8] Article I, Section 17, Minnesota Constitution. "No religious test
or amount of property shall be required as a qualification for any
office of public trust in the state. No religious test or amount of
property shall be required as a qualification of any voter at any
election in this state; nor shall any person be rendered incompetent to
give evidence in any court of law or equity in consequence of his
opinion upon the subject of religion".