Posted: 4/4/2013 6:37:43 PM EDT
Lets just work around state's rights.... 
http://k99.com/governor-hickenlooper-about-to-give-secret-service-power-to-arrest-colorado-sheriffs/ |
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To the point, Sheriff Justin Smith wanted to clear the air while saying yes, there is a bill that would add the Secret Service to a “list of federal officers” but he says they would have “limited state authority” and the bill, he says, is not being portrayed correctly…
In the last decade, CO started to grant limited authority to certain federal law enforcement agencies. The purpose is so that if they witness a citizen being victimized, they can act and turn the case over to a local police officer (because most crimes against our citizens are not federal crimes and they have no other jurisdiction to intervene as federal officers. The law also allows them, in cases where they are investigating a crime that is against both state and federal law, to file the case with our local DA in situations where the damage amount doesn’t meet a threshold where the federal prosecutors will file it in federal court. If you read the bill, you will see the limitations clearly in it. As Sheriffs, we are the beacon against over reach by federal authorities, but in this situation, it is not the case - Sheriff Justin Smith |
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You did see the date (1 APR) on both those articles, right? Just sayin'. Would be a joke in a lot of other states but you're underestimating the stupidity of our state government... Link |
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i recognize it as a genuine possibility, given the current administration in our state government- but its nothing new:
this has been in the CRS for a while now: 16-2.5-147. Federal special agents. Statute text (1) A special agent of the federal bureau of investigation or the United States bureau of alcohol, tobacco, firearms, and explosives, a deputy or special deputy United States marshal, or an officer of the federal protective service of the United States department of homeland security immigration and customs enforcement, in any jurisdiction within the state of Colorado, is a peace officer whose authority is limited as provided in this section. The special agent, deputy or special deputy, or officer is authorized to act in the following circumstances: (a) The special agent, deputy or special deputy, or officer is: (I) Responding to a nonfederal felony or misdemeanor that has been committed in the presence of the special agent, deputy or special deputy, or officer; (II) Responding to an emergency situation in which the special agent, deputy or special deputy, or officer has probable cause to believe that a nonfederal felony or misdemeanor involving injury or threat of injury to a person or property has been, or is being, committed and immediate action is required to prevent escape, serious bodily injury, or destruction of property; (III) Rendering assistance at the request of a Colorado peace officer; or (IV) Effecting an arrest or providing assistance as part of a bona fide task force or joint investigation with Colorado peace officers; and (b) The agent, deputy or special deputy, or officer acts in accordance with the rules and regulations of his or her employing agency. (2) A special agent of the federal bureau of investigation or the United States bureau of alcohol, tobacco, firearms, and explosives, a deputy or special deputy United States marshal, or an officer of the federal protective service of the United States department of homeland security immigration and customs enforcement is a person who is employed by the United States government, assigned to the federal bureau of investigation, the United States bureau of alcohol, tobacco, firearms, and explosives, the United States marshal service, or the federal protective service of the United States department of homeland security immigration and customs enforcement, empowered to effect an arrest with or without a warrant for violations of the United States code, and authorized to carry a firearm and use deadly force in the performance of the special agent's, deputy's or special deputy's, or officer's official duties as a federal law enforcement officer. (3) Upon effecting an arrest under the authority of this section, a special agent of the federal bureau of investigation or the United States bureau of alcohol, tobacco, firearms, and explosives, a deputy or special deputy United States marshal, or an officer of the federal protective service of the United States department of homeland security immigration and customs enforcement shall immediately surrender custody of the arrested individual to a Colorado peace officer. (4) This section does not impose liability on or require indemnification or create a waiver of sovereign immunity by the state of Colorado for any action performed under this section by a special agent of the federal bureau of investigation or the United States bureau of alcohol, tobacco, firearms, and explosives, a deputy or special deputy United States marshal, or an officer of the federal protective service of the United States department of homeland security immigration and customs enforcement. (5) Nothing in this section shall be construed to expand the authority of federal law enforcement officers to initiate or conduct an independent investigation into violations of Colorado law. History Source: L. 2006: Entire section added, p. 126, 1, effective March 27. L. 2008: Entire section amended, p. 701, 1, effective August 5. L. 2011: Entire section amended, (HB 11-1073), ch. 32, p. 90, 1, effective August 10. i think the spirit of the law was to limit the authority of the feds, while still allowing them state authority to be of assistance, but it could be twisted to mean a whole lot of things. im just not sure how far they will take it- after all, HickenBlooper has already gone full retard- once you go full retard, you cant go back! |
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If I remember correctly the Secret Service has no official law enforcement capabilities
You remember incorrectly. I thought, as well, that the secret service does not have arresting powers. They are no more like armed security. That's just what I'd always heard. |