Question:
does a us marshal have jurisdiction over a local sheriff?
ryan s
2010-04-18 23:57:25 UTC
me and a friend were having a discussion about this.

now he tried to tell me that a sheriff can throw out a us marshal and that a marshal must check in with the sheriffs dpt and have a sheriff with them to serve a fed warrant.

now what i say is that he doesn't have to go to the sheriff to serve the warrant, but does it as a courtesy and he can't just show a marshal the door when the marshal has a fed warrant for a person in a county where the sheriff is
Four answers:
sociald
2010-04-19 00:01:01 UTC
If it is a federal issue then the marshal has jurisdiction whereever it may be. But as you said its customary to work with local law enforcement.

If its not a federal issue then the marshal wouldnt have jurisdiction and would have to work under the sheriff etc..
?
2010-04-19 07:58:29 UTC
The U.S. Marshals have jurisdiction throughout the entire U.S., but their jurisdiction is limited to Federal laws. They have precedence over the local Sheriff only if the Marshals have a federal warrant, or are conducting a federal investigation.



The Marshals do not need to check in with the Sheriff or local PD, nor do they need any local law enforcement personnel with them when they serve a warrant. However, it is standard procedure to do so. The more the better. It isn't really a courtesy, it's more about agencies working together and backing each other up.



Law enforcement transcends levels. A badge is a badge. The blue line is the same throughout each level.
2010-04-19 08:51:36 UTC
"A" has your most correct answer.



As to your question about how rude and uncooperative a local sheriff can be. . ., the Sheriff is usually the highest ranking law enforcement officer in the county. So, he can refuse to cooperate with the U.S. Marshal, i.e., refuse to send deputies with him to serve the warrant. There was an incident here in Wyoming when a local sheriff refused to hold Federal prisoners, forcing the Marshal to take his prisoner to another county. The Sheriff does have that authority.
2010-04-19 07:09:40 UTC
Tommy Lee Jones did.


This content was originally posted on Y! Answers, a Q&A website that shut down in 2021.
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