Friday, January 14, 2011


Montana Senate Bill #114 (Proposed)

No, the fat lady hasn't sung yet, and the bill has yet to pass, but the fact that such a bill is even proposed makes me proud of Montana. The sheriff is indeed the highest law-enforcement official in his county, and it's about time the Feds got a reminder of that. The best part is that if the Feds violate this law, it requires them to be prosecuted by the county attorney. Ya gotta love it.

Here's a bit of the bill.

Section 2. County sheriff's permission for federal arrests, searches, and seizures -- exceptions. (1) A federal employee who is not designated by Montana law as a Montana peace officer may not make an arrest, search, or seizure in this state without the written permission of the sheriff or designee of the sheriff of the county in which the arrest, search, or seizure will occur unless:...
Section 3. Remedies. (1) An arrest, search, or seizure or attempted arrest, search, or seizure in violation of [section 2] is unlawful, and the persons involved must be prosecuted by the county attorney for kidnapping if an arrest or attempted arrest occurred, for trespass if a search or attempted search occurred, for theft if a seizure or attempted seizure occurred, and for any applicable homicide offense if loss of life occurred. The persons involved must also be charged with any other applicable criminal offense in Title 45.
(2) To the extent possible, the victims' rights provisions of Title 46 must be extended to the victim or victims by the persons and entities involved in a prosecution.
(3) The county attorney shall prosecute once a claim of violation of [section 2] has been made by the county sheriff or designee of the sheriff, and failure to prosecute subjects the county attorney to recall by the voters and to prosecution by the attorney general for official misconduct.
OK Montanans, let's back this one to the hilt.

1 comment:

Ben said...

I love Sheriffs First laws! I see over at that in 2010 three other states introduced similar laws. I don't think any passed, but I like the trend.