the State law must authorize them to arrest people for violations of federal criminal law.
read the first part of this law..
https://www.justice.gov/crt/deprivation-rights-under-color-law
Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, ... shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.
.......
if refusal to enforce federal law VIOLATES this law ( title reads ANY LAW ) they must enforce it. or they themselves become accessories to crimes committed. It is similar to military " Unlawful Order"
again if they refuse to enforce and it violates this law ( willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, )
then they become accessories to the crime committed.
I hope this helps
Just relating from my brother-in-law who was the district attorney for a major county in a major state (not my state). Bottom line, to bring a criminal case into federal court you need an indictment from a federal grand jury (as per the US Constitution). Only a US Attorney can convene a federal grand jury.
Anyone can make a citizen's arrest - however, the citizen has no legal protection. Police have qualified immunity. District Attorneys, State Attorneys, State Attorney Generals, US Attorneys, and Judges all have total/full immunity.
An Arizona rancher down on the Mexican border held several illegal aliens crossing his property. He was sued by the illegal aliens and lost - went up to the federal appeals court.
__________________
Basically, to bring a federal criminal case to federal court (the only place it can be tried), you need an indictment (a true bill) from a federal grand jury convened by a US Attorney.
what does ANY LAW mean?
are those " state laws" that forbid local law enforcement from enforcing federal laws ANY LAW? IF they take any of those items listed in the code away then YES IT DOES FALL UNDER ANY LAW....
( caps for emphasis)
everyone overlooks the ANY LAW part...... coincidence?
You are missing the point. Even if you are able to get someone arrested for some federal criminal act (the question is where did the arrest warrant come from), there is going to need to be an indictment from a federal grand jury in order to go to court. Grand juries are controlled by a US Attorney, who brings cases to the grand juries for a yes or no on an indictment. Occasionally, you get what is called a runaway grand jury who goes out on their own. US Attorneys have full discretion in terms of what they do - and they can ignore indictments - i.e., not prosecute them, or they can ask a federal judge to dismiss the charge(s) for whatever reason.
(post is archived)