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IP: Wyoming sheriffs impose severe limits on federal enforcers!
From: Dave Farber <farber () cis upenn edu>
Date: Sun, 02 Jan 2000 15:53:28 -0500
Date: Sun, 2 Jan 2000 12:20:20 -0800 To: Recipient List Suppressed:;;;;Recipient.List.Suppressed:;@well.com;;;;;;;; From: Jim Warren <jwarren () well com> A forward of a forward from a friend. Source unknown; ACCURACY UNKNOWN (but it should be easy enough to check, since the U.S. District Court decision is cited). If true, it would seem to have some "interesting" potentials for *all* sorts of state control over federal enforcers and perhaps even federal surveillance operators -- IRS, DEA, NSA, FBI, BATF, Customs inspectors and collectors (Wyoming borders Canada), etc. --jimCounty sheriffs in Wyoming are insisting that all federal lawenforcementofficers and personnel from federal regulatory agencies must clear all their activities in a Wyoming county with the Sheriff's Office. Speaking at apressconference following the recent US District Court decision (case No 2:96-cv- 099-J) Bighorn County Sheriff Dave Mattis stated that all federal officials are forbidden to enter his county without his prior approval. "If a sheriff doesn't want the Feds in his county he has the con- stitutional power and right to keep them out or ask them to leave or retain them in custody." The court decision came about after Mattis & other members of the Wyoming Sheriffs' Association brought a suit against both the BATF and the IRSin theWyoming federal court district seeking restoration of the protections enshrined in the United States Constitution and the Wyoming Constitution. TheDistrictCourt ruled in favor of the sheriffs, stating that, "Wyoming is a sovereign state and the duly elected sheriff of a county is the highest law enforcement official within a county and has law enforcement powers exceeding that of any other state or federal official." The Wyoming sheriffs are demanding access to all BATF files to verify that the agency is not violating provisions of Wyoming law that prohibit the registration of firearms or the keeping of a registry of firearmowners. Thesheriffs are also demanding that federal agencies immediately cease the seizure of private property and the impoundment of private bank accounts without regard to due process in state courts. Sheriff Mattis stated, "I am reacting to the actions of federal employees who have at- tempted to deprive citizens of my county of their privacy, their liberty, and their property without regard to constitutional safeguards. I hope that more sheriffs all across America will join us in protecting their citizens from the illegal activities of the IRS, EPA, BATF, FBI, or any other federal agency that is operating outside the confines of constitutional law. Employees of the IRS and the EPA are no longer welcome in Bighorn County unless they in- tend to operate in conformance to constitutional law." This case is evidence that the Tenth Amendment is not yet dead in the United States. It may also be interpreted to mean that politicalsubdivisionsof a State are included within the meaning of the amendment, or that the powers exercised by a sheriff are an extension of those common law powers which the Tenth Amendment explicitly reserves to the People, if they are notgranted tothe federal government and specifically prohibited to the States. Case: Castaneda v. USA Filed: 10th May 1996 Closed: 29th April 1997 Case No: 2:1996cv00099 Wyoming District Court, Casper Nature of Suit: Civil Rights
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- IP: Wyoming sheriffs impose severe limits on federal enforcers! Dave Farber (Jan 02)