MA Sheriffs may indeed have been tasked with primarily corrections and civil process however, Sheriffs and Deputy Sheriffs in MA have the same privileges as any Police Officer. The County Sheriff in MA has just as much power as any of these Sheriffs that have gone on air to protect the 2A. In MGL Sheriffs are the top LEO in thier prospective counties.
Massachusetts Constitution:
Article IX. All judicial officers, [the attorney-general,] the solicitor-general, [all sheriffs,] coroners, [and registers of probate,] shall be nominated and appointed by the governor, by and with the advice and consent of the council; and every such nomination shall be made by the governor, and made at least seven days prior to such appointment. [See Amendments, Arts. XVII, [See Amendments, Art. XLVIII, The Initiative, II, sec. 2.], The Referendum, III, sec. 2, and LXIV.] [For provision as to election of sheriffs, registers of probate, etc., see Amendments, Art. XIX.] [For provision as to the appointment of notaries public, see Amendments, Arts. IV, LVII and LXIX, sec. 2.]
Chapter 37:
Section 1. A sheriff shall be elected in each county, as provided in section one hundred and fifty-nine of chapter fifty-four, for six years, beginning with the first Wednesday of January following his election, and until his successor is qualified.
Section 4. He shall appoint a special sheriff, who shall be sworn and shall give such bond to the sheriff as he may require for the faithful discharge of his duties. A special sheriff shall have the authority of a deputy sheriff. Upon his qualification, the sheriff shall send a written notice thereof, giving the name and residence of the appointee, to the state secretary, who shall record such notice in a book kept for the purpose.
Section 3. A sheriff may appoint deputies, who shall be sworn before performing any official act.
Section 11. Sheriffs and their deputies shall serve and execute, within their counties, all precepts lawfully issued to them and all other process required by law to be served by an officer. They may serve process in cases wherein a county, city, town, parish, religious society or fire or other district is a party or interested, although they are inhabitants or members thereof.
Section 13. They may require suitable aid in the execution of their office in a criminal case, in the preservation of the peace, in the apprehending or securing of a person for a breach of the peace and in cases of escape or rescue of persons arrested upon civil process.
Chapter 220:
Section 7. Sheriffs, deputy sheriffs, constables and other officers shall serve all lawful processes issued by a court, judge, judicial officer or county commissioners legally directed to them.
Chapter 262
Section 8. The fees of sheriffs, deputy sheriffs and constables shall be as follows:
(b) for the service of criminal process:
Heres an interesting law under MGL Chapter 33 "Militia's":
Section 41. In case of a tumult, riot, mob or body of persons acting together by force to violate or resist the laws of the commonwealth, or when such tumult, riot or mob is threatened, or in case of public catastrophe or natural disaster, and the usual police provisions are inadequate to preserve order and afford protection to persons and property, and the fact appears to the commander-in-chief, to the sheriff of a county, to the mayor or city manager of a city or to the selectmen of a town, the commander-in-chief, upon his initiative or at the request of such sheriff, mayor or city manager or selectmen, may issue his order directed to the commander of any organization or unit of the armed forces of the commonwealth directing him to order his command, or any part thereof, to appear at a time and place therein specified to aid the civil authority in suppressing such violations, preserving order, affording such protection and supporting the laws.
I could go on and on about MGL and Sheriffs.....
So I don't want to hear the same old bull about Sheriffs and Deputies in MA only being C.O's or Jailers ect, these are complete lies. The Sheriff's in MA are constitutionally elected. If you still don't believe me check out cases such as COMMONWEALTH v. Ralph BAEZ. COMMONWEALTH v. BAEZ, No. 95-P-527., May 05, 1997 - MA Court of Appeals | FindLaw which further designates Deputies and Sheriffs as LEO.
Massachusetts Constitution:
Article IX. All judicial officers, [the attorney-general,] the solicitor-general, [all sheriffs,] coroners, [and registers of probate,] shall be nominated and appointed by the governor, by and with the advice and consent of the council; and every such nomination shall be made by the governor, and made at least seven days prior to such appointment. [See Amendments, Arts. XVII, [See Amendments, Art. XLVIII, The Initiative, II, sec. 2.], The Referendum, III, sec. 2, and LXIV.] [For provision as to election of sheriffs, registers of probate, etc., see Amendments, Art. XIX.] [For provision as to the appointment of notaries public, see Amendments, Arts. IV, LVII and LXIX, sec. 2.]
Chapter 37:
Section 1. A sheriff shall be elected in each county, as provided in section one hundred and fifty-nine of chapter fifty-four, for six years, beginning with the first Wednesday of January following his election, and until his successor is qualified.
Section 4. He shall appoint a special sheriff, who shall be sworn and shall give such bond to the sheriff as he may require for the faithful discharge of his duties. A special sheriff shall have the authority of a deputy sheriff. Upon his qualification, the sheriff shall send a written notice thereof, giving the name and residence of the appointee, to the state secretary, who shall record such notice in a book kept for the purpose.
Section 3. A sheriff may appoint deputies, who shall be sworn before performing any official act.
Section 11. Sheriffs and their deputies shall serve and execute, within their counties, all precepts lawfully issued to them and all other process required by law to be served by an officer. They may serve process in cases wherein a county, city, town, parish, religious society or fire or other district is a party or interested, although they are inhabitants or members thereof.
Section 13. They may require suitable aid in the execution of their office in a criminal case, in the preservation of the peace, in the apprehending or securing of a person for a breach of the peace and in cases of escape or rescue of persons arrested upon civil process.
Chapter 220:
Section 7. Sheriffs, deputy sheriffs, constables and other officers shall serve all lawful processes issued by a court, judge, judicial officer or county commissioners legally directed to them.
Chapter 262
Section 8. The fees of sheriffs, deputy sheriffs and constables shall be as follows:
(b) for the service of criminal process:
Heres an interesting law under MGL Chapter 33 "Militia's":
Section 41. In case of a tumult, riot, mob or body of persons acting together by force to violate or resist the laws of the commonwealth, or when such tumult, riot or mob is threatened, or in case of public catastrophe or natural disaster, and the usual police provisions are inadequate to preserve order and afford protection to persons and property, and the fact appears to the commander-in-chief, to the sheriff of a county, to the mayor or city manager of a city or to the selectmen of a town, the commander-in-chief, upon his initiative or at the request of such sheriff, mayor or city manager or selectmen, may issue his order directed to the commander of any organization or unit of the armed forces of the commonwealth directing him to order his command, or any part thereof, to appear at a time and place therein specified to aid the civil authority in suppressing such violations, preserving order, affording such protection and supporting the laws.
I could go on and on about MGL and Sheriffs.....
So I don't want to hear the same old bull about Sheriffs and Deputies in MA only being C.O's or Jailers ect, these are complete lies. The Sheriff's in MA are constitutionally elected. If you still don't believe me check out cases such as COMMONWEALTH v. Ralph BAEZ. COMMONWEALTH v. BAEZ, No. 95-P-527., May 05, 1997 - MA Court of Appeals | FindLaw which further designates Deputies and Sheriffs as LEO.
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