Delaware Sheriff Appeals Police Powers Ruling - 47 ABC - Delmarva's Choice

Delaware Sheriff Appeals Police Powers Ruling

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DOVER, Del. (AP) - The Sussex County sheriff is appealing a court ruling that Delaware's constitution does not give police powers to county sheriffs.
    
The ruling last month came in a lawsuit filed by Sheriff Jeff Christopher against state and county officials.
    
Christopher's lawyer filed a notice of appeal Wednesday with the state Supreme Court.
    
Christopher argues that he is embodied with police powers by Delaware's constitution, which names sheriffs, along with other officials, as "conservators of the peace."
    
But Judge T. Henley Graves ruled that the constitution does not enumerate any powers for sheriffs, and that courts have used common law to define such powers. Graves declared that the General Assembly was within its powers in passing a law last year barring sheriffs and their deputies in Delaware from making arrests.

 

(Copyright 2013 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.)

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