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a question for officers

azzeaterazzeater Member Posts: 187 ✭✭✭
edited July 2002 in General Discussion
Who has more power for lack of of a better term, the sheriff or highway patrol? A dog came into my yard last night and attacked my little beagle so i fired some .40's at it and it left. My neighbor's dog got scared and scratched thier door so he thinks i broke my part of the deal we had to let him know before i shoot. I told him i wasn't shooting for fun but he insists that i pay for the door and he said that the Highway patrol told him that if they come out twice they'll arrest me. Well, i called them of course and they said to take it up with the sheriff. In that case i should be ok because the sheriff just check my backdrop and leaves.

hey all!
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Comments

  • nunnnunn Forums Admins, Member, Moderator Posts: 36,085 ******
    edited November -1
    The Sheriff, of course.

    When it comes to reconstructing accidents or writing tickets (LOTS of tickets) the Highway Patrol have no equal. Get 'em off the divided highway and they are lost. ("How do I write a ticket for Murder?")

    The Sheriff in a given county often handles dispatching for the locally assigned HP units. He does not have to.

    How bad did the dog wreck the door? A few scratches might well be taken care of with some sandpaper and paint. Why does the neighbor have such a wimpy dog?

    I cured my Golden Retriever of gun shyness by sitting on him and shooting until he got used to it.

    SIG pistol armorer/FFL Dealer/Full time Peace Officer, Moderator of General Discussion Board on Gunbroker. Visit www.gunbroker.com, the best gun auction site on the Net! Email davidnunn@texoma.net

    Edited by - nunn on 07/08/2002 17:22:07
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  • AlpineAlpine Member Posts: 15,092 ✭✭✭✭
    edited November -1
    Nunn is absoluty correct. Depending on the state, the Sheriff is the chief law enforcement officer in the county. No one may supersede his authority except the state attorney general. The Highway Patrol duties lie in the traffic enforcement area. They would not attempt to interfere with what the sheriff's deputy wishes. If for no other reason that they do not operate a jail. If they make the sheriffs mad, where are they gonna book their arrests?

    "If you ain't got pictures, I wasn't there."
    ?The problem with socialism is that you eventually run out of other people's money.?
    Margaret Thatcher

    "There are three kinds of lies: lies, damned lies and statistics."
    Mark Twain
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  • azzeaterazzeater Member Posts: 187 ✭✭✭
    edited November -1
    Thanks guys, you made me feel better. I knew he was lying because his wife tells him what to say and i had a gut feeling that a lady would say such a thing. I am going to tell him that i'll pay for the door if 1. i can see it 2. he agrees to put it on a restraint like he does with his other dog, which gets into a lot of trouble around here.

    hey all!
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  • RugerNinerRugerNiner Member Posts: 12,636 ✭✭✭
    edited November -1
    "so i fired some .40's at it"

    So how was the dog able to scratch the door?
    You need to go to the range more often.

    Remember...Terrorist are attacking Civilians; Not the Government. Protect Yourself!
    Keep your Powder dry and your Musket well oiled.
    NRA Lifetime Benefactor Member.
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  • azzeaterazzeater Member Posts: 187 ✭✭✭
    edited November -1
    no, what i was trying to say is a STRAY dog came onto my property and went after my dog so i fired at it and he squirted under the fence through a hole he dug. My neighbor's heard the gun shots and scrathed at their door trying to get in. They told me that he "Ate a hole in the door" which is a lie because i saw it scratchint the door on my way in.


    hey all!
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  • 96harley96harley Member Posts: 3,992 ✭✭
    edited November -1
    Nunn we all know the highway patrol is the elite. You know better than that. Na, just yank'n your chain. I couldn't have said it better myself. Get those tail light chasers off the concrete and they need a GPS to get home. So it's the same in Texas as it is in Indiana.

    Sheriff is your top law enforcement officer *. You'd be surprised how many times I've heard the same line from a complainant, "I talked to .....whatever......officer, angency, etc.... and they said......
    Just blow'n smoke, letting off steam. I wish there was such a law here that allowed me to arrest somebody for responding to more than one call to their residence. I've been to some umpteen times. Have fun with your 40. May I suggest a 45 however.
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  • ghotie_thumperghotie_thumper Member Posts: 1,561 ✭✭
    edited November -1
    Nunn your image is shot to heck. Your poster is in the shredder, your likeness has been melted down and is being used for #9 shot. The roles are completely different. As far as who has more power, a peace officer/police officer is empowered by the state in which he/she is sworn in. The County Sheriff/Deputy sheriff is allowed to perform his/her duties within the county they are hired. A Police officer has authority in the city he/she is employed. All peace officers in California have the authority to take the appropriate enforcement action on all violations committed in their presence, but for county/city officers their power is usually partially limited to their employing jurisdiction. The limitations are usually only enforced by policy not law. In other words if you are a sworn Peace Officer in the state of confusion/California you can enforce any local/state/federal law. In California as in many other states, Peace Officers/Police Officers/County Sheriffs/Highway Patrol are empowered to enforce the laws of the federal govt as well as the city state or county they are employed. The Highway Patrol has equal power/authority. The Highway Patrol though is mandated by the State Legislature to enforce the California Vehicle Code. This is the primary duty of the Highway Patrol. If a Highway Patrol Officer observes any crime committed in his/her presence they can take the appropriate enforcement action at that time. This means that the Highway Patrol can enforce all codes anywhere. But they will defer to the County Sheriff in a crime that does not involve the Vehicle Code if a Sheriff is available. The same goes for Fish and Game violations. If a Game Warden is available a Highway Patrol officer will call them to handle a poaching case. Trust me on this one I'm an insider. Usually the dispatch centers are informed on who is to handle an incident. In California a 911 cellular call always starts out with the CHP, depending on the nature of the call it could be handled by a local PD, the CHP, a Sheriff deputy or a Game Warden. LandLine 911 calls go directly to a Sheriff dispatch or a P.D. depending on where the Call Originated. This is due to the C A D system which is something like Computer Assisted Dispatch, it shows where the call originates from and gives the dispatcher the location the call originated from right on the computer screen when the call comes in.

    The original question? Who has more power. Well being a chp officer I'd have to say we do. We can move to anywhere in the state. I've handled everything from domestic violence to DUI to heavy drug cases. I put a guy away for 25 yrs, who did a home invasion robbery and held an axe at the throat of a 5 yr old boy while he robbed the family then stole their motor home. I respect all law enforcement, but the State Highway Patrol has the freedom to move within the state without losing seniority or having to learn new policies and procedures everywhere you go. I haven't posted in a while, hope this doesn't tick you all off. MHO.

    Common Sense is an Uncommon Virtue.
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  • ghotie_thumperghotie_thumper Member Posts: 1,561 ✭✭
    edited November -1
    Another thing. Nunn you are a police officer. Do you write a ticket for Assault?, Battery, Child endangerment? Give me a break. The Highway Patrol writes a report and the officer gives recommendations to the District Attorney's office as to which charges the officer believes are applicable. We write a "ticket" on every report where we recommend charges be filed. I haven't wrote a "ticket" for murder, but I have seen it on a ticket. I have wrote many for manslaughter. And a few for attempted Murder when a passenger in a vehicle grabs the steering wheel and tried to cause an accident. Every ticket we issue has a distinct number assigned. This is our case number, the officer has to fill out a "ticket" in every case where charges are filed. We don't need the suspect to sign a "ticket" in cases which require investigation, the ticket #'s are just a way of tracking the case within our department. You go on believing that a county sheriff has more authority than a State Highway Patrol Officer, Remember, your County is in Our State. We are all empowered to Serve the People. There is no law that you can arrest for that I can't as well, of course you don't work in Kalifornia so things may be different. Go on thinking that you are So much better Dave.

    Common Sense is an Uncommon Virtue.
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  • nunnnunn Forums Admins, Member, Moderator Posts: 36,085 ******
    edited November -1
    Texas DPS has to write a ticket for ANY charge filed.

    The Highway Patrol is the biggest division, and they ONLY work traffic and wrecks. They get a lot of drugs. The other day, I had the opportunity to watch a couple of them at work so I see how they get drugs. They performed a complete search of a vehicle without consent and WITHOUT ANY PROBABLE CAUSE, except that it was late at night and the car occupants were young black males. They found a shotgun in the trunk with the stock cut off behind the pistol grip, and the barrel cut back to 16 inches. Only a whole lot illegal. They didn't find the drugs they were looking for, so they put the shotgun back and let the young men go on their way.

    There is an investigative branch, the Texas Rangers, and Narcotics, License and Weights, but the Highway Patrol is the most of them.

    I got to arrest a DPS Narc once.

    Lots of folks think the State officers "outrank" the locals. I ran into that attitude a lot in Arkansas, but it is still 100% wrong. By common law, the Sheriff is the top law enforcement officer in the County.

    What do the laws in PRK say about having to arrest a Sheriff? In many states, a Peace Officer cannot.

    SIG pistol armorer/FFL Dealer/Full time Peace Officer, Moderator of General Discussion Board on Gunbroker. Visit www.gunbroker.com, the best gun auction site on the Net! Email davidnunn@texoma.net
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  • AlpineAlpine Member Posts: 15,092 ✭✭✭✭
    edited November -1
    Boy those Chippies think they rule the roost don't they. And they are so verbose.

    "If you ain't got pictures, I wasn't there."
    ?The problem with socialism is that you eventually run out of other people's money.?
    Margaret Thatcher

    "There are three kinds of lies: lies, damned lies and statistics."
    Mark Twain
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  • AlerionAlerion Member Posts: 61 ✭✭
    edited November -1
    In Indiana, the only person who can arrest the sheriff is;




    DRUM ROLL PLEASE!




    the CORONER!

    quote:
    IC 35-33-1-3
    Sec. 3. A coroner has the authority to arrest any person when performing the duties of the sheriff under IC 36-2-14-4 and authority to arrest the sheriff under IC 36-2-14-5.


    Also, in Indiana, police officers other than sheriffs are required to be in a marked car or in full uniform in order to make a traffic stop and conservation (conversation?) officers have full state police powers plus the ability to conduct a vehicle search without probable cause. So I guess it depends on your definition of "more power." Where's Tim Allen when you need him?

    Tom

    So, just how does rendering me defenseless protect you from violent criminals?
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  • nunnnunn Forums Admins, Member, Moderator Posts: 36,085 ******
    edited November -1
    Arkansas is the same as Indiana. Only the Coroner can arrest the Sheriff.

    Here in Texas, I don't remember seeing such a law. I remember a vindictive DPS trooper who was passed over for Ranger. He knew a particular sheriff would be at a party. This sheriff was a former DPS officer and Ranger. The trooper laid in wait for the sheriff and arrested him for DWI. It made the newspapers but the case went nowhere. All it did was make the trooper look like a jerk and got him transferred to West Armpit.

    SIG pistol armorer/FFL Dealer/Full time Peace Officer, Moderator of General Discussion Board on Gunbroker. Visit www.gunbroker.com, the best gun auction site on the Net! Email davidnunn@texoma.net
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  • 96harley96harley Member Posts: 3,992 ✭✭
    edited November -1
    Nunn,
    Does this sound familiar?
    You're a city unit. You are assisting a county officer serve a warrant. In route to serve the warrant you pass a couple state boys parked at a local gas station. The county unit gets a call there's a barking dog complaint in his jurisdiction. The county guy asked his dispatcher to check with the state to see if they have anyone free. The reply is that all their units (all 2 of em) are tied up on seperate details. The county guy serves the warrant, you transport the arrestee to jail and on the way you pass those 2 state units still at the gas station sucking on a slurppee. The county guy takes the barking dog complaint. You know how those barking dog complaints are, you just have to take care of them since neighbors can't get on the phone to tell each other one of their mutts is keeping them awake.

    Same scenario: This time your dispatch tells you someone found a body
    that appears to have been in a house for several days. You mark that you're in route and the 2 state units pass you with lights and siren running. Ring a bell? Lights, action, camera!
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  • bama55bama55 Member Posts: 6,389 ✭✭
    edited November -1
    Same in Alabama only the County Coroner can arrest the Sheriff. The Sheriff is the top LE Official in the county.



    Don't send flowers when I die. Send money now, I can buy more ammo.
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  • Matt45Matt45 Member Posts: 3,185
    edited November -1
    Man-, ALL of Y'all missed it!

    "I cured my Golden Retriever of gun shyness by sitting on him and shooting until he got used to it."

    I guess the only questions I have are;

    "How'd ya keep from getting any on ya?"
    and
    "How many times didja HAVE to shoot the poor animal??"

    Sorry man, Couldn't resist-

    Matt

    Reserving my Right to Arm Bears!!!!
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  • nunnnunn Forums Admins, Member, Moderator Posts: 36,085 ******
    edited November -1
    Re: Highway Patrol.

    They often request assistance from us, and get it.

    We nearly never ask for assistance from them, and when we do, their dispatch can't find them.

    Dog: Had him on a short lead. Sat on lead. Put leg over dog to keep him from jumping around. Shoot one round. Pet dog and praise him for staying put. Did this with .22 rifle so as to not deafen him.

    It worked.



    SIG pistol armorer/FFL Dealer/Full time Peace Officer, Moderator of General Discussion Board on Gunbroker. Visit www.gunbroker.com, the best gun auction site on the Net! Email davidnunn@texoma.net
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  • bama55bama55 Member Posts: 6,389 ✭✭
    edited November -1
    And usually the dispatcher catches the grief..........I have had some
    very bad comments made to me because my trooper was working 30 miles away, and not sitting at the office waiting to be called by the PD
    when they needed help on something.

    Most of the time we had one trooper working a county, sometimes
    one trooper working 1 to 4 counties. A lot of times if a local
    agency asked for an assist, the trooper was not near enough to help.
    But sometimes they were. Most of the calls, the PD or SO had the situation handled before the trooper got there anyway.

    All in all, we still tried to work together!

    Don't send flowers when I die. Send money now, I can buy more ammo.
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  • 96harley96harley Member Posts: 3,992 ✭✭
    edited November -1
    All jokes aside we do work well with our troopers. It seems the newer ones have an elitist attitude however. Maybe I'm just getting older and have an attitude myself though. I just can't resist a chance to cut on one because I know they'd do the same to me if the opportunity presented it's self.
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  • austin247austin247 Member Posts: 375 ✭
    edited November -1
    Nunn....10-ring on assistance from the highway patrol. Our policy is that deputies don't work wrecks UNLESS there is an urgent need, etc., etc. When we have to call the on-call trooper for a wreck, they usually try to talk dispatch into having a deputy work it. But when we get a violent domestic or bar shooting, for some reason we can't get ahold of the trooper who was a couple miles away from the scene two minutes before the call came in.

    In Texas, only a Constable can arrest the sheriff.
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