Woodstown, NJ asked in Criminal Law, Federal Crimes and Gov & Administrative Law for California

Q: Who can legally arrest a sitting sheriff, Who has to be present during the arrest and can said person be a federal agent

1 Lawyer Answer
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Criminal Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.