Sheriff & Concealed Carry

[mward]

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?

Don't forget the fact that in Maryland, unlike Florida, we have Maryland state TROOPERS, who are full service. So they would still enforce the law, along with local PD's like Westminster police, Rockville police, Easton police, etc etc etc.

 

[fabsroman]

It is not his job to decide who gets prosecuted.

Every law enforcement officer has arrest discretion. It is entirely up to them as to who gets prosecuted. Then, it is up to the State's Attorney/DA as to who gets prosecuted. Then there is the jury and the voters.

If they aren't going to prosecute somebody, my position is that they should get rid of the arrest documents, period.

 

[fabsroman]

Don't forget the fact that in Maryland, unlike Florida, we have Maryland state TROOPERS, who are full service. So they would still enforce the law, along with local PD's like Westminster police, Rockville police, Easton police, etc etc etc.

And Florida does not have State Troopers?

 

[Blackstar65]

The Sheriff violated the laws of the State he chose to serve in as a Chief law enforcement officer. That oath we take includes states laws as well. I have no sympathy for anyone breaking laws like Mr. Parrish did in State that legally allows you to carry. Their no reason for it unless you are a crook or prohibited person. Both deserve to be charged and processed to the full extend of the law. It sounds like Mr. Parrish may have been a friend of the Sheriff. If that was the case he could have handled it differently although I don't agree with that either. The charge is too serious for that. The letter of the law and spirit of the law doesn't apply to certain misdemeanors or any felonies.

 

[Blaster229]

Every law enforcement officer has arrest discretion. It is entirely up to them as to who gets prosecuted. Then, it is up to the State's Attorney/DA as to who gets prosecuted. Then there is the jury and the voters.

If they aren't going to prosecute somebody, my position is that they should get rid of the arrest documents, period.

It is not up to the arresting officer as to which "arrestee" gets prosecuted. Not the arresting officer. They just present facts of the arrest. The arrest gives the violator an opportunity to be prosecuted.

If someone gets arrested but not prosecuted, they still have been arrested.
There needs to be a record of this.
The act that you got arrested for still happened. That has to account for something.

 

[BradMacc82]

Just waiting on the inevitable.

 

[Blaster229]

There was a case years ago in Texas where a sheriff told his deputies to arrest any state peace officers for ccw violation. I believe it was Henrico county.
Even though in the penal code "at the time of violation it's a defense to prosecution if the violator was a peace officer of the state". I think that arrest is ****ing absurd and should not be recorded. But many Sheriff's think they can do what the fck they want.

sent from somewhere in the world.

 

[mward]

And Florida does not have State Troopers?

Highway patrol. Traffic guys!

 

[tsmith1499]

I agree completely. SA has discretion on WHO gets prosecuted not the LEO. He just cuff's em and stuff's em.

 

[RoadDawg]

Bunched panties and butt hurt... strong it is with this thread...

Anyone who thinks that all arrest documents should be destroyed the moment the person is "un-arrested" would agree totally with Chicago Police work during the Al Capone years. Many of the thugs that were arrested by Chicago Police who were loyal to Al Capone found themselves un-arrested and the papers destroyed... THAT was crooked Police work and it is not the way it should be done to protect the rights of those who are not "connected".

The Sheriff did this in Fla. and it was the same as it was done in Chicago in the twenties... Screw that... KEEP the records as PROOF that the person was found to have done NOTHING wrong and released after a proper investigation was conducted.

That way the Sheriff would still have his job and the party that was arrested would not look like he was guilty but released because of who he knew.

I find it deplorable that so many folks scream "INNOCENT TIL PROVEN GUILTY" but fail to see that an arrest is NOT a guilty finding. DUH!

Here... allow me to reiterate... "...an arrest is NOT a guilty finding."

 

[Biggfoot44]

Fla Dept Law Enforcement (FDLE) does have a division that invetagates serious crimes , but they are much smaller than MSP .n and don't have the myrad of reglatory duties.

 

[aquashooter]

Fla used to use Fla Marine Patrol for state-wide police functions as opposed to the Hwy Troopers. This included riots and barricade situations.

 

[iobidder]

Highway patrol. Traffic guys!

funny, their cars say State Trooper on them.

Fla used to use Fla Marine Patrol for state-wide police functions as opposed to the Hwy Troopers. This included riots and barricade situations.

Florida "Troopers" are a full service agency and provide the same function essentially as Maryland State Police.

To find out the function of FDLE read... http://www.fdle.state.fl.us/Content...e4518d8fea/StatementOfAgencyOrganization.aspx



Sent from one of my 15 phones from your front door