The Issue: Powers & Duties  
 

The PA Sheriffs' Association is seeking support for House Bill 466, sponsored by Representative Craig Dally, which would give sheriffs and deputy sheriffs the statutory authority to perform law enforcement duties based on the needs of their communities.

In February 2006, the Pennsylvania Supreme Court ruled in a case known as Kopko that sheriffs "are not 'investigative or law enforcement officers'" under the Pennsylvania Wiretapping Act. In November 2007, the Court restated in a case called Dobbins that the sheriffs' common law authority allows only for arrests for breaches of the peace and felonies committed in their presence - authority "no different than a private citizen."

It did not take long for Sheriffs' Offices to feel the impact of the Kopko decision. Attorney General Tom Corbett removed all 72 deputy sheriffs serving on state Drug Task Forces based on the Kopko decision. District attorneys followed suit.

Many Sheriffs' Offices, especially those in rural areas where there are few or no municipal police forces, faced uncertainty over what law enforcement activities they could and could not perform.

This is not a new issue. The Supreme Court has been asked to clarify the duties of sheriffs no less than five times in the past 15 years. The justices have reached the same conclusion time after time: sheriffs and deputy sheriffs need statutory authority to perform law enforcement duties. Clearly, the time is now for authority.

Please explore our website and learn more about this important issue. There are several ways that you can become involved with supporting the sheriffs.