Sheriff & Concealed Carry

[SOMDHoya]

I recently found an article about a Florida sheriff whose deputy arrested a man for having a concealed firearm. When the sheriff came in he released the man and then destroyed the arrest documents so it looked like it never happened. Then the Florida governor decided to remove him from office. The reason for the removal was not the immediate release of the citizen but the destruction of the arrest record.

http://www.infowars.com/florida-sheriff-arrested-after-defending-second-amendment/

My question is this, is it possible for an elected County Sheriff to decide that he will not prosecute anyone who is arrested for having a concealed weapon? They could even take it a step further by saying that they will not prosecute any citizen for concealed carry if they have an out of state permit. That would ensure that they are not prosecuting law abiding citizens yet still getting trouble makers off of the street.

I know we have a lot of sheriffs around the state that are pro gun, and since the rest of us are held hostage by the likes of PG and Baltimore, this could be a way of giving us some of our constitutional rights out in the country.

What say you?

 

[jrumann59]

I know why he did it because even if the guy was not prosecuted there would be a record of the arrest. I mean he technically did violate the law on 'official" documents in his jurisdiction.

 

[joppaj]

My question is this, is it possible for an elected County Sheriff to decide that he will not prosecute anyone who is arrested for having a concealed weapon?

It is not his job to decide who gets prosecuted.

 

[SOMDHoya]

It is not his job to decide who gets prosecuted.

But it is up to his discretion as to who he arrests, right? If a Sheriff tells all of his deputies to not arrest any person carrying concealed with an out of state concealed carry permit then that will effectively give counties in Maryland a form of concealed carry!

Am I way off base here or has this Florida Sheriff stumbled upon a loophole to help protect the second amendment?

 

[fightinbluhen51]

MSP still has jurisdiction if the entire state, not exactly fool proof.

 

[aquashooter]

In DC, there used to be a way to "unarrest" someone. His name, address, and description would be blacked out in the arrest book, leaving the rest of the info in there. However, all the info would then be recorded in the "Detention Journal" which was not open to public scrutiny. In addition, the watch commander's name and reasons for the removal would be recorded. This was done to have info available in case of future litigation.

 

[kbarrett220]

An individual Officer has the decision making authority to arrest or not arrest anyone. He/she cannot be ordered to do or not do either. Once the arrest has been made and the person has been fingerprinted, you are in the NCIC(which is a The National Crime Institute Computer, this is the FBI database) system forever and ever amen. You can get reecords expunged but, that entry will always remain in NCIC. When are criminal backround check is run on that individual that entry will always come up, we are told to ignore it. I can't say that always happens. If you make an arrest and later feel that you made a mistake, you can go through your chain of command to drop the charges with the States Attorney's Office. Usually, the Officer to save embarrassment will do this themselves by meeting with the prosecuting attorney prior to the initial hearing and avoid going through their chain of command. Some Officer's just don't appear for court. That is a violation of policy and can/will get you fired if you are ever caught

 

[RoadDawg]

But it is up to his discretion as to who he arrests, right? If a Sheriff tells all of his deputies to not arrest any person carrying concealed with an out of state concealed carry permit then that will effectively give counties in Maryland a form of concealed carry!

Am I way off base here or has this Florida Sheriff stumbled upon a loophole to help protect the second amendment?

If the Fla Sheriff stumbled on anything it was his johnson...

Destroying the record only serves to make him look like he was a crooked LEO allowing a crime to fall off the books to protect a crony.

He should not have destroyed the record. He should have had a meeting with the States Attorney and had the case tossed. The record could have been expunged later as the law provides.

 

[iobidder]

Destroying the record only serves to make him look like he was a crooked LEO allowing a crime to fall off the books to protect a crony.

This and only this, what happens after is null and void

 

[Blaster229]

To correct our resident mctcp sme here about cops not being ordered to arrest someone, violations of protective orders are shall arrest and not "may" arrest. A cop is in contempt of court if he doesn't adhere to that court order and arrest the violator. I mean, I'm not an sme or anything.

sent from somewhere in the world.

 

[iobidder]

To correct our resident mctcp sme here about cops not being ordered to arrest someone, violations of protective orders are shall arrest and not "may" arrest. A cop is in contempt of court if he doesn't adhere to that court order and arrest the violator. I mean, I'm not an sme or anything.

sent from somewhere in the world.

Calling all Subject Matter Experts....speak up

 

[Blaster229]

Calling all Subject Matter Experts....speak up

MPTC MPTC MPTC MPTC MPTC MPTC MPTC MPTC MPTC MPTC MPTC MPTC MPTC MPTC MPTC MPTC MPTC MPTC MPTC MPTC MPTC MPTC MPTC MPTC MPTC MPTC MPTC MPTC

 

[iobidder]

Is that a secret code?

 

[Blaster229]

Is that a secret code?

Yes. It's what Md LEO's use to refer to that secret place in Sykesville. Instead of it's real name. I like that I don't have to correct you.

 

[iobidder]

Yes. It's what Md LEO's use to refer to that secret place in Sykesville. Instead of it's real name. I like that I don't have to correct you.

Where is Sykesville?

 

[Blaster229]

Where is Sykesville?

Atta boy. Now you're learning the way young grathhoppa.

 

[HeatSeeker]

"Destroying the record only serves to make him look like he was a crooked LEO allowing a crime to fall off the books to protect a crony."

I would comment on this statement, but I do not want to be labeled a cop basher or turn this into one of those threads.

 

[joppaj]

An individual Officer has the decision making authority to arrest or not arrest anyone.

I don't know where you work, but that is not the case in DC. If you witness a felony and decide not to arrest, I really hope I'm not your Sgt because I'm going to get dragged into the investigation.

 

[Mark75H]

Alex always puts a nice spin on things

 

[Name Taken]

Plenty of people get arrested and released prior to any official court proceedings. It happens all the time.

I'm sure FL like MD has a means of doing this.

Ordering someone to "unarrest" someone is highly unethical.....unless of course it's your family member and it happens in say...Woodlawn for instance.