A Sherif can also do this.. so can the Mareshals.. You can also use this in civic court.. " if you can prove they violated this" in our case that is easy as falling down
A US Marshall can make the arrest. For County Sheriffs and State Police to be able to arrest on violation of Federal criminal laws, the State law must authorize them to arrest people for violations of federal criminal law. However, a US Attorney will need to take it to a Grand Jury for an indictment and then to Federal Court for prosecution - which will never happen in a Biden/Democrat administration.
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.
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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.
(post is archived)