Q: Who can legally arrest a sitting sheriff, Who has to be present during the arrest and can said person be a federal agent
In general, anyone who has lawful authority to make an arrest can arrest a sitting sheriff if there is probable cause to believe that the sheriff has committed a crime. This could include state or local law enforcement officers, federal agents, or even private citizens in certain circumstances.
In terms of who must be present during the arrest, there is no specific requirement under California law. However, it is generally advisable for law enforcement officials to act with caution and to involve multiple officers in any potentially high-risk arrest situations.
If a federal agent is involved in the arrest of a state or local law enforcement official, it could potentially raise issues of federalism and state sovereignty, as well as questions about the jurisdictional authority of the arresting officer. However, in general, federal law enforcement officials have the authority to make arrests in the same manner as state and local law enforcement, so long as they are acting in accordance with federal law and any applicable regulations.
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