Constitution Club

Keith Broaders

1230 N Street Apt 510
Sacramento, California

Sheriffs, Deputies and Bailiffs as to their authority, duty and the Law

P LEASE TAKE NOTE – “All words in Italics are exact quotes”
PREFACE
The purpose of this pocket handbook is to “fully inform” the American County
. This
handbook is an endeavor to concisely and completely cover the aforesaid in a
topical style to make it easy for reference.
We also created a website www.PoweroftheCountySheriff.org to further expound
on the topics within this handbook; provide a further education, offer two (2) free
online courses 1 , provide many pertinent documents, provide pertinent information,
provide for a national platform for communications among Sheriffs and offer
authoritative advice; in short a Proper Education.
Constitution for the United States of America Article VI: The Senators and
Representatives before mentioned, and the members of the several state
legislatures, and all executive and judicial officers, both
of the United States and of the several states, shall be
bound by oath or affirmation, to support this
Constitution. Sheriffs are judicial officers.
Sheriffs Oath: “I hereby do solemnly swear that I will support and defend this
Constitution for the united States of America, against all enemies, foreign and
domestic, so help me God”.
Don’t be deceived the Law is not complex; Thomas Jefferson said that "Common
sense is the foundation of all authorities, of the laws themselves, and of their
construction."
The Law of the Land consists of: (1) the Constitution, written by We the People,
under the authority of God, to empower, control and restrict government servants.
(2) Common Law which is written by God in the hearts of men; and, (3)
Constitutional Statutes which are written by legislators. Any statute or code outside
of the aforesaid, and there are many, is null and void and that is why we need a
Constitutional Law protector who knows the difference. If a Sheriff must depend
upon a lawyer to determine the Law, it’s no different than giving (s)he your badge
1
6 hour Constitution Course, 120 hour Civics Course.
4and the responsibility for your oath. That is not honoring your oath. Lawyers
already run our government and have the People ratchetted down in
unconstitutional codes, statutes and illegal warrants; therein is the problem in a nut
shell and the reason we need Sheriffs who know the Law.
“Lawyers rejected the counsel of God” - Luke 7:30; “The lawyers, said
unto Jesus, Master, thus saying thou reproaches us also. And Jesus
said, Woe unto you also, ye lawyers! for ye lade men with burdens
grievous to be borne, and ye yourselves touch not the burdens with one
of your fingers... Woe unto you, lawyers! for ye have taken away the
key of knowledge: ye entered not in yourselves, and them that were
entering in ye hindered.” Luke 11:45-46, 52
In order for statutes to become Law, the legislators must first be given authority by
We the People which is found under Article I. Section 8 which is restrained by
Article I. Section 9 and the Bill of Rights. This is where the Sheriff’s attention
should be. If Congress writes statutes outside of Article I. Section 8 or statutes that
violate Section 9 or the Bill of Rights the following “General Rule” of the United
States Supreme Court is to be applied, and herein is the Power of the County
Sheriff.
"The general rule is that an unconstitutional statute, though having the
form and name of law, is in reality no law, but is wholly void and
ineffective for any purpose, since its unconstitutionality dates from the
time of its enactment... In legal contemplation, it is as inoperative as if it
had never been passed... Since an unconstitutional law is void, the
general principles follow that it imposes no duties, confers no right,
creates no office, bestows no power or authority on anyone, affords no
protection and justifies no acts performed under it... A void act cannot
be legally consistent with a valid one. An unconstitutional law cannot
operate to supersede any existing law. Indeed insofar as a statute runs
counter to the fundamental law of the land, (the Constitution) it is
superseded thereby. No one is bound to obey an unconstitutional law
and no courts are bound to enforce it." Bonnett v. Vallier, 116 N.W.
885, 136 Wis. 193 (1908); NORTON v. SHELBY COUNTY, 118 U.S.
425 (1886)
5Show us a County Sheriff that does not know the Law and we will show you a
Lawless County. Because it is in the nature of unrestrained government servants to
seize more and more power and control over the People and this is precisely why
we need a true Lawman who takes pride in the knowledge of the Law. The office
of the Sheriff is not to blindly enforce codes, rules and statutes but to enforce the
Law and constitutional statutes that prevent lawless servants from injuring the
People; it’s up to the Sheriff to “bind the government servant down from mischief
by the chains of the Constitution."
"If a nation expects to be ignorant and free... it expects what never was
and never will be." - Thomas Jefferson
The County Sheriff also has a duty to enforce the Common Law which is written
by God in the hearts of men. There are two Common Law Principles that guide us
in knowing the Common Law; (1) In order for there to be a crime there must be an
injured party and the government in general cannot be the injured party. (2) For
every injury there must be a remedy. This is the simplicity of God’s Law, do not
kill, do not steal, do not injure, do not trespass, etc.... We all know this!
What separates the Sheriff from the police is the fact that police are code
enforcement officers that answer to a political servant who has the power to fire.
And if the political servant is lawless, so are the police! Whereas, the Sheriffs’ are
Law enforcement officers, that answers to We the People directly at the ballot
box. Therefore, the Sheriff will be as Lawful as his knowledge of the same. There
are only three ways a Sheriff can be removed from office (1) the People can vote
him/her out, (2) impeachment and (3) indictment by the Grand Jury.
There are four things the Sheriff needs in order to arrest a lawless judge or any
lawless elected or appointed servant with impunity and fearlessness. They are: (1)
Knowledge of the Law; (2) Knowledge that no agency or elected or appointed
servant can remove a Sheriff from office nor can a Sheriff be arrested unless (s)he
violates the Common Law such as stealing, killing, etc..., (3) the People standing
behind him and (4) access to the Grand Jury to get an indictment. The Sheriffs
should not be going to the county prosecutor for an indictment as all too often, they
are gatekeepers for the lawless.
6It is imperative that the Sheriff have the active support of the People. The best
place for the Sheriff to find that is in locally controlled citizen and liberty groups.
Go out and talk to them often, ask for their support to help you protect their
unalienable rights, because they are the most active and will show up to support
you when you need them.
Sheriffs should keep their eye out for Committees of Safety (COS) which are
exploding across the Nation. All 56 signers of the Declaration of Independence
were members of Committees of Safety. Committees of Safety are the most
powerful tool the Sheriff can have because they are We the People; learn about
them! To see if there are Committees of Safety in your County you can go to
www.PoweroftheCountySheriff.org/ and click on the Committees of Safety tab to
find one. If there are no Committees of Safety in your County you can contact the
National COS Committee Chairman, whose job it is to help start Independent
Grassroots Committees of Safety and he will contact patriots in your County and
encourage them to start a COS and connect you with them.
Sheriffs need to have a “proper education” and the support of other “properly
educated” Sheriffs standing with them and, if necessary, an armed posse,
especially if they are going up against a federal or state agency or lawless
government servants. You can go to www.powerofthecountysheriff.org/ to find
such an education and unite with other Sheriffs who are awakening.
Most importantly, the Sheriff must have “Grand Jury Access”! The Sheriff has
been around for 100’s of years, and like the Coroner, has always had direct access
to the Grand Jury without a monitor. The only purpose of a gatekeeper is to protect
the guilty, and the only reason they can get away with having all powerful
gatekeepers is because of the Sheriff’s and the Peoples’ ignorance of the Law of
the Land.
Just because there are lawful rules and statutes that provide for prosecutors to call
the Grand Jury, which is necessary to empower them to do so, it doesn’t negate the
power and authority that the Sheriff and the coroner have always had and still have
the authority to call the Grand Jury themselves.
The major problem with prosecutors is that they think that after they get an
indictment they have the power to add or remove chargers or make deals. Only the
7Grand Jury can add or remove charges and make a deal with the accused, but they
can only make a deal if they have the consent of the injured party. That is because
another Common Law Principle says “for every injury there must be a remedy”
and only a Trial Jury can render a remedy without the consent of the injured. This
is all Common Sense; this is Common Law, so called because it is common onto
all!
Prosecutors usually throw the book at the accused thereby inflating jail sentences
and then later offer the accused less time if they plead guilty; that’s called
extortion!
The Sheriff should always know when the Grand Jury is in session so that if (s)he
wants to ask the People for an indictment against a judge, some other elected or
appointed official or maybe even the prosecutor, the Sheriff can go to the court and
talk to the Grand Jury directly. He need not explain himself to anyone, and, if
necessary, and can arrest anyone who gets in his way for obstruction of justice.
Once the Sheriff gets an indictment, the prosecutor cannot reduce or change the
charges because that’s a crime!
"One single object... will merit the endless gratitude of society: that of
restraining the judges from usurping legislation." - Thomas Jefferson to
Edward Livingston, 1825. ME 16:113.
"The government will certainly decide for itself on whose counsel they
will settle the construction of the laws they are to execute. We are to
look at the intention of the Legislature, and to carry it into execution
while the lawyers are nibbling at the words of the law." - Thomas
Jefferson to Albert Gallatin, 1808 ME 12:168.
Sheriffs whether they be a democrat or republican, liberal or conservative should
not indulge in party favors, only the Law, that’s your
oath! This Comprehensive Handbook was written to
fully inform the Sheriff and deputies of their powers and
authorities that they took an oath to perform. Thereby,
supporting and defending the Constitution for the
United States of America. For a higher education go to
www.PoweroftheCountySheriff.org/
8DUTY OF THE COUNTY SHERIFF
The Sheriff is to support and defend the Law of the Land a/k/a the Constitution and
the Laws of Nature’s God a/k/a Common Law by which the former is vested via
We the People who are vested by the latter, not legislative bodies!
We are a nation governed by the common laws of God which makes our Law
superior and more Just than any other nation’s law. Therefore, the Oath of the
County Sheriff is a Sacred Oath which, when violated, is a direct assault upon
God whose judgement will not rest forever 2 . Thomas Jefferson professed
America’s covenant between God and We the People when he penned the
following:
“When in the Course of human events, it becomes necessary for one
people to dissolve the political bands which have connected them with
another, and to assume among the powers of the earth, the separate
and equal station to which the Laws of Nature and of Nature's God
entitle them, a decent respect to the opinions of mankind requires that
they should declare the causes which impel them to the separation. We
hold these truths to be self-evident, that all men are created equal, that
they are endowed by their Creator with certain unalienable Rights, that
among these are Life, Liberty and the pursuit of Happiness.--That to
secure these rights, Governments are instituted among Men, deriving
their just powers from the consent of the governed,”
SHERIFF AND THE COURT
The court belongs to the sovereign people. The United States Supreme Court
defines the Court as:
“An agency of the sovereign [the People] created by it [the People]
directly or indirectly under its [the People’s] authority, consisting of
one or more officers, [magistrate, sheriff, coroner and prosecutor]
established and maintained for the purpose of hearing and determining
issues of law and fact regarding legal rights and alleged violations
2
"I tremble for my country when I reflect that God is just; that his justice cannot sleep forever." -- Thomas Jefferson
9thereof, and of applying the sanctions of the law, authorized to
exercise its powers in the course of law at times and places previously
determined by lawful authority.” Isbill v. Stovall, Tex.Civ.App., 92
S.W.2d 1067, 1070.
State and County Courts are Courts of Record. In some cases, city courts are
Courts of Record. For instance, New York City Courts are Courts of Record, but
all other city courts in New York State are Not Courts of Record. To find out what
courts are Courts of Record, look in your State Constitution which will list these
courts. All other courts are called nisi prius courts, also called administrative
courts. These courts are not Courts of Record. Unless your State Constitution says
differently all city, town and village courts are not Courts of Record.
Bouvier's Law defines nisi prius courts: “Where courts bearing this name exist in
the United States, they are instituted by statutory provision (not Constitutional).”
Nisi prius is a Latin term Black's Law states: "Prius means first. Nisi means unless.
A nisi prius procedure is a procedure to which a party FIRST agrees UNLESS he
objects. A rule of procedure in courts is that if a party fails to object to something,
then it means he agrees to it. A nisi procedure is a procedure to which a person
has failed to object A "nisi prius court" is a court which will proceed unless a
party objects. The agreement to proceed is obtained from the parties first.”
The United States Supreme Court said concerning “Courts of Record and Courts
Not of Record; the former being those whose acts and judicial proceedings are
enrolled, or recorded, for a perpetual memory and testimony, and which have
power to fine or imprison for contempt. Courts not of record are those of inferior
dignity, which have no power to fine or imprison, and in which the proceedings are
not enrolled or recorded.” 3 Bl. Comm. 24; 3 Steph. Comm. 383; The Thomas
Fletcher, C.C.Ga., 24 F. 481; Ex parte Thistleton, 52 Cal 225; Erwin v. U.S.,
D.C.Ga., 37 F. 488, 2 L.R.A. 229; Heininger v. Davis, 96 Ohio St. 205, 117 N.E.
229, 231.
The Sheriff has a duty to provide Law Enforcement officers in all courts of Record,
often called Bailiffs, which means guardian or steward, who are a Sheriff's Deputy,
in all Courts of Record. Like the Sheriff Deputies, are to have a “proper
10education”. It is the duty of the Sheriff to make sure that his Deputies have a
“proper education”.
The Bailiff is not in the Courtroom as a private body guard for the judge, (s)he is
there to protect the People and the judge who is also one of the People. He is there
to keep the peace by making sure the Law of the Land is being adhered to and that
unalienable rights are not being violated.
If the Sheriff perceives that the judge, or any other elected or appointed official for
that matter, is breaking the law, the best way to proceed is to get an indictment
before making an arrest. Don’t trust the gatekeeper, because he is likely to help the
judge. Judges and prosecutors are both elected, both political, both BAR members,
both lawyers and have a close working relationship and therefore, are likely to
share a comradery. Go see the Grand Jury directly and secure an indictment.
COURT DUTIES - Sheriffs are responsible for maintaining the safety and
security of the court. A Bailiff is required to attend all court sessions, to take
charge of juries whenever they are outside the courtroom, to serve court papers, to
extradite prisoners, and to perform other court-related functions.
SHERIFF AND WARRANTS
A MENDMENT IV: “The right of the people to be secure in their persons, houses,
papers, and effects, against unreasonable searches and seizures, shall not be
violated, and no Warrants shall issue, but upon probable cause, supported by
Oath or affirmation, and particularly describing the place to be searched, and the
persons or things to be seized.”
According to Black's Law Dictionary, the word oath, in its broadest sense, includes
"all forms of attestation by which a party signifies that (s)he is bound in conscience
by "a solemn and formal declaration or asseveration that an affidavit is true.
No warrant, including a federal warrant is to be served without going through the
Sheriff’s office. Any warrant without a sworn affidavit and a judge’s wet ink
signature (not a stamp) is not an executable warrant. It is the Sheriff’s duty to
make sure that all warrants, federal or state, served within their county passes
constitutional scrutiny; IRS warrants rarely pass constitutional scrutiny. For
example the IRS has a form 4490 called Proof of Claim for Internal Revenue
Taxes, which is an affidavit form that must be filled out and sworn to, without
which the warrant with the wet ink signature is not executable.
11SHERIFF AND THE COUNTY JAIL
Sheriffs' offices maintain and operate county jails or other detention centers,
community corrections facilities such as work-release, and halfway houses.
Sheriffs are responsible for supervising inmates, protecting their rights and
providing food, clothing, exercise, recreation and medical services.
Before the Sheriff is to accept any prisoner, he is to make sure that due process has
been exercised. If a court sends a prisoner sentenced to be incarcerated and there
was no indictment and petit jury (trial by 12 jurists) before the sentencing, the
prisoner is now a victim who was not given due process. The Sheriff cannot accept
that prisoner. Unfortunately, because of ignorance, County Jails are filled with
such prisoners. Black’s Law defines an “infamous crime” as a crime punishable by
imprisonment.
Amendment V: “No person shall be held to answer for a capital, or
otherwise infamous crime, unless on a presentment or indictment of a
Grand Jury.”
Amendment VI: “In all criminal prosecutions, the accused shall enjoy
the right to a speedy and public trial, by an impartial jury...”
The Sheriff cannot accept any prisoners that were tried in Courts “Not of Record”
because they are nisi prius courts and do not have the power to fine or incarcerate.
“Courts not of record are those of inferior dignity, which have no
power to fine or imprison, and in which the proceedings are not
enrolled or recorded.” 3 Bl. Comm. 24; 3 Steph. Comm. 383; The
Thomas Fletcher, C.C.Ga., 24 F. 481; Ex parte Thistleton, 52 Cal 225;
Erwin v. U.S., D.C.Ga., 37 F. 488, 2 L.R.A. 229; Heininger v. Davis,
96 Ohio St. 205, 117 N.E. 229, 231.
SHERIFF IS THE CHIEF LAW ENFORCEMENT
OFFICER OF THE COUNTY
“The Sheriff is the chief executive and administrative officer of a county, being
chosen by popular election. His principal duties are in aid of the criminal courts
and civil courts of record; such as serving process, summoning juries, executing
judgments, holding judicial sales and the like. He is also the chief conservator of
12the peace within his territorial jurisdiction.” Harston v. Langston, Tex.Civ. App.,
292 S.W. 648, 650. When used in statutes, the term may include a deputy sheriff.
Lanier v. Town of Greenville, 174 N.C. 311, 93 S.E. 850, 853.
Justice Scalia, writing for the majority in a 1997 decision said that the "States are
not subject to federal direction" and that the US Congress only had "discreet and
enumerated powers" and that federal impotency was "rendered express" by the
Tenth Amendment. He further confirmed that the Sheriff is the Chief Law
Enforcement Officer of the county and also proclaimed that the States "retained an
inviolable sovereignty." Scalia went even further in this landmark decision, one in
which two small-town sheriffs headed the Feds "off at the pass" and sent them on
their way. Scalia, in his infinite obligation to the Constitution, took this entire
ruling to the tenth power when he said, "The Constitution protects us from our own
best intentions... so that we may resist the temptation to concentrate power in one
location as an expedient solution to the crisis of the day." Obviously the Sheriff is
the Peoples last line of defense against a government gone rogue.
Law Enforcement - A sheriff always has the power to make arrests within his or
her own county. Some states extend this authority to adjacent counties or to the
entire state. Many sheriffs' offices also perform routine patrol functions such as
traffic control, accident investigations, and transportation of prisoners. Larger
departments may perform criminal investigations, and some unusually large
sheriffs' offices command an air patrol, a mounted patrol, or a marine patrol.
Sheriffs still enlist the aid of the citizens. The National Neighborhood Watch
Program, sponsored by the National Sheriffs' Association, allows citizens and law
enforcement officials to cooperate in keeping communities safe. This is why the
new mission of the Indiana Sheriffs’ Association and their slogan is “Building
Communities of Trust in ALL 92 Indiana Counties.”
As the sheriffs’ law enforcement duties become more extensive and complex, new
career opportunities exist for people with specialized skills: underwater diving,
piloting, boating, skiing, radar technology, communications, computer technology,
accounting, emergency medicine, and foreign languages (especially Spanish,
French, and Vietnamese.)

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Comment by Duane Eugene Kirkland on February 24, 2019 at 10:07am
Comment by Jessica on February 22, 2019 at 4:11am

Well said!

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