Constitution, Law, and the Auxiliary (Slides)

7/25/2019 Constitution, Law, and the Auxiliary (Slides)

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Constitution,

Law, and theAuxiliary

Eric Vought

Introduction

LegalOverview

Constitution, Law, and the Auxiliary

Eric Vought1

Lawrence County Sheriffs Auxiliary

17 January 2016

1Commander, Lawrence County Sheriffs Auxiliary; Thanks as well to

LT Mary Clapp, Inside Counsel, who gave input on early versions of thiscourse.
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Constitution,


Eric Vought

Introduction

LegalOverview

Contents

1 IntroductionLegalOverview

References
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Constitution,


Eric Vought

Introduction

LegalOverview

Outline

1 IntroductionLegalOverview

References
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Constitution,


Eric Vought

Introduction

LegalOverview

Copyright

The CLA course materials are distributed under under theCreative Commons Attribution 4.0 (CC-BY-4.0) license.
https://creativecommons.org/licenses/by/4.0/https://creativecommons.org/licenses/by/4.0/http://find/


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Constitution,


Eric Vought

Introduction

LegalOverview

Requirements

CLA-I Required for all volunteers;CLA-II Recommended, Required for NCOs and Officers;

Additional levels elective material;
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Constitution,


Eric Vought

Introduction

LegalOverview

Part 1 Topics

Introducing the Law and the Auxiliary

History/Purpose of Sheriffs OfficeProperty Rights Under the ConstitutionOur Role as AuxiliaryLegal Issues of Intervention
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Constitution,


Eric Vought

Introduction

LegalOverview

Part 2 Topics

Nature of officers, enlisted, delegated authority, oath

Leadership

Discipline

Use of Force
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Constitution,


Eric Vought

CLA-IIntroduction

History of theSheriffsOffice

TheDevelopmentof theConstitution

The Right ofthe Polity to

Bear ArmsCommon Lawand BBORDeclaration ofIndependenceand RevolutionFailure of theArticles ofConfederation

Constitution A Republic, IfYou Can KeepIt

The Sheriff

Introducing the Law and the AuxiliaryCLA Part I

Lawrence County Sheriffs Auxiliaryper ardua liberis

(Please sign in if you havent already.)
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Constitution,


Eric Vought

CLA-IIntroduction






The Sheriff

Outline

2 CLA-I Introduction

3 History of the Sheriffs Office4 The Development of the Constitution

The Right of the Polity to Bear ArmsBritish Common Law and English Bill of Rights (1689)Declaration of Independence and Revolution

Failure of the Articles of Confederation

Constitution A Republic, If You Can Keep It5 The Sheriff Under the Law

IndependenceElectionDeputiesDuties

6 Models For the Auxiliary7 Crisis Intervention

First Aid, Consent to Treatment, and Standard of CareNon-violent Crisis Intervention
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Constitution,


Eric Vought

CLA-IIntroduction






The Sheriff

What Is the Sheriffs Auxiliary?Citizens-in-the-Loop Law Enforcement

Non-Peace Officer Volunteers serving county sheriff

Supplement Sheriffs Office during routine operations

Coordinated teams during disasters

Not replacing deputies or reserve deputies

Does not provide primary law enforcement or investigate
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Constitution,


Eric Vought

CLA-IIntroduction






The Sheriff

Motto

Per ardua liberis

meaning: "Freedom through adversity."It is only through duty and service that we have rights,only through sacrifice and hardship that we are or willremain free.
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Constitution,


Eric Vought

CLA-IIntroduction






The Sheriff

Purpose of the Class

To serve Sheriffs Office, we must understand it;

To take oath of service, we must understand theConstitution;

The Sheriff serves the people;

In the end, so do we.
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Constitution,


Eric Vought

CLA-IIntroduction





Constitution A Republic, IfYou Can Keep

It

The Sheriff

Outline






IndependenceElectionDeputiesDuties


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Constitution,


Eric Vought

CLA-IIntroduction






It

The Sheriff

Where is Constitutional Sheriff

Fact

Sheriff not in the Constitution

Common Law

Edwin the Elder, 902 ADMagna Carta (1215 AD)British Constitution

County Charters

State Constitutions
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Constitution,


Eric Vought

CLA-IIntroduction

History of the

SheriffsOffice





It

The Sheriff

Shire Reeve

Official responsible for keeping the peace on behalf of theKing

Conservator of the Peace -> Peace Officer

In US, elected rather than appointed

Usually highest elected law enforcement officer (CLEO)

Deputies are commissioned, act for Sheriff
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Constitution,


Eric Vought

CLA-IIntroduction

History of the

SheriffsOffice





It

The Sheriff

What Did Sheriff Do?

Originally kept peace, enforced edict, served process, heldlocal court

Medieval Circuit Courts split function

Sheriff, Magistrate, first jury trials
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Constitution,


Eric Vought

CLA-IIntroduction

History of the

SheriffsOffice





It

The Sheriff

Sheriffs Office

Office not department!

Sheriff answers directlyto the people.

Fact

The Sheriff is not the Chief LEO in St. Louis County.
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Constitution,


Eric Vought

CLA-IIntroduction

History of the

SheriffsOffice


The Right ofthe Polity toBear ArmsCommon Lawand BBORDeclaration ofIndependenceand RevolutionFailure of theArticles ofConfederation


It

The Sheriff

Outline




Failure of the Articles of ConfederationConstitution A Republic, If You Can Keep It

5 The Sheriff Under the LawIndependenceElectionDeputiesDuties


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Constitution,


Eric Vought

CLA-IIntroduction

History of the

SheriffsOffice




It

The Sheriff

Approach

Frame history of debate over personal and civil defense;

British Common Law and Bill of RightsDeclaration of Independence

Revolutions

Constitution

Reading list in course book
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Constitution,


Eric Vought

CLA-IIntroduction

History of the

SheriffsOffice




It

The Sheriff

Approach To Reading

Dont accept any author as authoritative!

Frame in context of debate over Rights, Duties, andAuthority.

When someone claims authority, where does it come from?

When someone has a Right, what does it mean?

Who do you owe Duties to?

How do we balance liberty and civility? Is it really a"balance"?

What is nature of crime and punishment?
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Constitution,


Eric Vought

CLA-IIntroduction

History of the

SheriffsOffice




It

The Sheriff

Polity

Definition

The whole constitutional set-up is intended to be neitherdemocracy nor oligarchy but midway between the two what

is sometimes called polity, the members of which are thosewho bear arms. [emphasis in original] Aristotle, "Politics"as quoted in Halbrook [2013, pp 52]

Aristotle refutes Platos contention that the State oughtcontrol all use of arms in order to control the populace;

Not new: debate spans thousands of years;
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Constitution,


Eric Vought

CLA-IIntroduction

History of the

SheriffsOffice




It

The Sheriff

Common Law

We take from English tradition;

Roman law, 12-tables

Dane-Law est. militia, traditional rights, andrepresentative govt

(Fyrd->Wycan->Moots: well get to it);

Norman invasion created absolute authority of monarch;

took time to recover;Magna Carta (1215)
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f h


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Constitution,


Eric Vought

CLA-IIntroduction

History of the

SheriffsOffice




It

The Sheriff

Common Arms of the Day

No wearing of arms is within the meaning of thestatute unless it be accompanied with suchcircumstances as are apt to terrify the people; fromwhen it seems clearly to follow, that persons ofquality are in no danger of offending against thisstatute by wearing common weapons... "Treatiseof the Pleas of the Crown", William Hawkins;

1686 court case affirmed defendants right to go armedwith a pistol despite the Statute of Northhampton whennot armed "in affray of peace".

British Bill of Rights (1689)
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Constitution,


Eric Vought

CLA-IIntroduction

History of the

SheriffsOffice




It

The Sheriff

British Bill of Rights (1689)Glorious Revolution

Attempt to disarm protestants;

presented to William and Mary;

to restore ancient rights did not create anything;

Inspired US Bill of Rights; included:

No royal interference with the rule of law;"grants and promises of fines or forfeitures" beforeconviction are void;prohibits "cruel and unusual" punishments;Citizens have a right to bear arms because citizens have aduty to bear arms and serve the common defense(Locke)

To Protect and Maintain Inviolate
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Constitution,


Eric Vought

CLA-IIntroduction

History of the

SheriffsOffice


The Right ofthe Polity toBear Arms

Common Lawand BBORDeclaration ofIndependenceand RevolutionFailure of theArticles ofConfederation


It

The Sheriff

To Protect and Maintain InviolateBlackstones Commentaries

But in vain would these rights [e.g. free speech]be declared, ascertained, and protected by the deadletter of the law, if the constitution had provided no

other method to secure their actual enjoyment. Ithas, therefore, established other auxiliary subordinaterights of the subject, which serve principally asoutworks or barriers, to protect and maintain inviolatethe three great and primary rights, of personal

security, personal liberty, and private property.Blackstone [1753, pp 104]

Ch kli F R l i (Bl k )
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Constitution,Law, and the

Auxiliary

Eric Vought

CLA-IIntroduction

History of the

SheriffsOffice





It

The Sheriff

Checklist For Revolution (Blackstone)

And lastly, to vindicate these rights, whenactually violated or attacked, the subjects of England

are entitled, in the first place, to the regularadministration and free course of justice in the courtsof law; next, to the right of petitioning the king andparliament for redress of grievances, and, lastly, to theright of having and using arms for self-preservation

and defense. Blackstone [1753, pp 106]

Ch kli t F R l ti (II)
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Auxiliary

Eric Vought

CLA-IIntroduction

History of the

SheriffsOffice





It

The Sheriff

Checklist For Revolution (II)

Practically a blueprint for Declaration of Independence;

Checks off Colonists attempts to address their grievances;Turns to raising arms against the king as the final resort;

Exhausted all peaceful mechanisms;

Our system built to same plan;

I ti ti R F L d T diti
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Auxiliary

Eric Vought

CLA-IIntroduction

History of the

SheriffsOffice





It

The Sheriff

Instinctive Reverence For Law and Tradition

"Here is the salient fact which distinguishes theEnglish Revolution from all others: that those whowielded irresistible physical force were throughout

convinced that it could give them no security.Nothing is more characteristic of the English peoplethan their instinctive reverence even in rebellionfor law and tradition." [Winston Churchill, AHistory of English Speaking Peoples. Volume II. pp265]

The Utter End of Means
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Auxiliary

Eric Vought

CLA-IIntroduction

History of the

SheriffsOffice





It

The Sheriff

The Utter End of Means

Armed resistance against tyranny is directly a purpose ofRTKBA;

If-and-only-ifpursued at absolute and utter end of

means;Neither free license to insurrection nor paranoia;

Built directly on experiences of Colonists under England;

Enjoyed extensive legal protection of Constitutional rights

as British subjects;"...repeated injuries and usurpations, all having in directobject the establishment of an absolute Tyranny."

Intolerable Acts
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Auxiliary

Eric Vought

CLA-IIntroduction

History of the

SheriffsOffice





ItThe Sheriff

Intolerable Acts

Also problems with paper money and lack of specie ("hard

money") in Colonies;Colonial taxes were higher, but could often be paid inservice, goods (also bribes);

British taxes paid in silver, and Americans had very little;

Rights Not From the Government
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Auxiliary

Eric Vought

CLA-IIntroduction

History of the

SheriffsOffice





ItThe Sheriff

Rights Not From the Government

...We hold these truths to be self-evident, that allmen are created equal, that they are endowed by theirCreator with certain unalienable Rights, that amongthese are Life, Liberty and the pursuit of Happiness...

Declaration of Independence

"unalienable": Cant be taken away; cant be given away

"Natural Rights" but also Natural Duties:

...it is their right, it is their duty, to throw off suchGovernment, and to provide new Guards for theirfuture security...

Civil conflicts and the common citizen
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Auxiliary

Eric Vought

CLA-IIntroduction

History of the

SheriffsOffice





ItThe Sheriff

The Frying Pan Or the Fire?

Many citizens lost their homes, their farms, or their livesregardless of which side they declared to;

Challenge is to survive and maintain local order in the faceof upheaval;

RTKBA ensures that revolution possible, but it is always

extremelycostly;

Why Did Our Revolution Succeed?
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Auxiliary

Eric Vought

CLA-IIntroduction

History of the

SheriffsOffice





ItThe Sheriff

Why Did Our Revolution Succeed?

Britain was a foreign power which could be sent home;

Colonial government transferred intact;Many people patriated and forgiven (not all);

Revolutions where it is people vs. government seldomyield a stable system;

Founders Were Revolutionaries
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Auxiliary

Eric Vought

CLA-IIntroduction

History of the

SheriffsOffice





ItThe Sheriff

But Wanted To Avoid Another One

Balance of powers and multi-level sovereignty;

If men were angels, no government would benecessary. If angels were to govern men, neither

external nor internal controls on government wouldbe necessary. In framing a government which is to beadministered by men over men, the great difficultylies in this: you must first enable the government tocontrol the governed; and in the next place oblige it

to control itself. A dependence on the people is, nodoubt, the primary control on the government; butexperience has taught mankind the necessity ofauxiliary precautions. Federalist #51(Madison)

We Are Literally an Auxiliary Precaution
http://www.constitution.org/fed/federa51.htmhttp://www.constitution.org/fed/federa51.htmhttp://find/


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Auxiliary

Eric Vought

CLA-IIntroduction

History of the

SheriffsOffice





The Sheriff

We Are Literally, an Auxiliary Precaution

Office of Sheriff directly serves the citizen;

Operates as speedbump: ensure process is followed;

Sheriff/Auxiliary == Locals-In-the-Loop Law Enforcement;

Romans 13

Christians required to be law-abiding, but here, the final (civil)

authority is thepolity itself.

Weak Fraternity of States
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Auxiliary

Eric Vought

CLA-IIntroduction

History of the

SheriffsOffice





The Sheriff

Weak Fraternity of States

Little central power; direct war effort;

AoC failed to provide for common defense;

Government had no money (what it was empowered tocollect was seldom remitted);

Insurrection in several states, inc. Mass.

Fact

John Hanson was the first US President.

The Solution
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Auxiliary

Eric Vought

CLA-IIntroduction

History of the

SheriffsOffice





The Sheriff

The Solution

Letters between Wash and Jefferson discussing itsreplacement;

Convention to amend AoC became Const Convention1787;

Delegates (Commissioners) broadly empowered bysending states;

"Ratification the People Debate the Constitution,1787-1788" Maier [2010];

Definition

Federal = of equals; Federalists wanted multi-levelsovereignty,balanceof power; Anti-federalists wanted states tobe (remain) supreme.

The Origin of the Bill of Rights
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Auxiliary

Eric Vought

CLA-IIntroduction

History of the

SheriffsOffice





The Sheriff

O g g

Delegate powers to a limited government;

States still did not trust central government;

Required Bill of Rights like British of 1689;

Rights not enumerated; Powers are enumerated (9th and10th)

2nd Amendment echoed right and duty of British Bill ofRights;

RTKBA individual right, serves civic duty;Strong property rights reinforced, including TakingsClause;

The Missouri Constitution and its protections
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Auxiliary

Eric Vought

CLA-IIntroduction

History of the

SheriffsOffice





The Sheriff

p

US Constitution guaranteed a "republican form ofgovernment";

Article II, Section 23 echoes RTKBA but without civicfocus;

Many other property rights issues follow US Const. BoR;

Very different from US Constitution, much more complex;

Outline
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Auxiliary

Eric Vought

CLA-IIntroduction

History of the

SheriffsOffice





The Sheriff


3 History of the Sheriffs Office4 The Development of the ConstitutionThe Right of the Polity to Bear ArmsBritish Common Law and English Bill of Rights (1689)Declaration of Independence and Revolution

Failure of the Articles of ConfederationConstitution A Republic, If You Can Keep It

5 The Sheriff Under the LawIndependenceElection

DeputiesDuties



Only mention in US/State ConstitutionsMO Constitution Article V Sec 27 4(b)
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Auxiliary

Eric Vought

CLA-IIntroduction

History of the

SheriffsOffice





The Sheriff

MO Constitution Article V Sec 27 4(b)

b. Upon the effective date of this article, the office

of constable serving magistrate courts is abolished.The functions, powers and duties of such constablesshall be transferred to and be performed by the sheriffof the county or the sheriff of the city of St. Louis.

Mo Constitution Article III, Sec. 40
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Auxiliary

Eric Vought

CLA-IIntroduction

History of the

SheriffsOffice





The Sheriff

The general assembly shall not pass any local orspecial law: ... (21) creating offices, prescribing thepowers and duties of officers in, or regulating the

affairs of counties, cities, townships, election orschool districts;

Also applies to municipalities

So state and cities may not interfere with the office of

Sheriff (within his county and with reference to his countyduties)

Independence From Federal Government
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Auxiliary

Eric Vought

CLA-IIntroduction

History of the

SheriffsOffice





The Sheriff

Residual state sovereignty was also implicit, of course, in theConstitutions conferral upon Congress of not all governmentalpowers, but only discrete, enumerated ones, Art. I, 8, whichimplication was rendered express by the Tenth Amendments

assertion that "the powers not delegated to the United Statesby the Constitution, nor prohibited by it to the States, arereserved to the States respectively, or to the people. [Printzv. United States, 521 U.S. 898, 919 (U.S. 1997)]The Federal Government may not compel the States to enact

or administer a federal regulatory program. The mandatoryobligation imposed on CLEOs to perform background checks onprospective handgun purchasers plainly runs afoul of that rule. [Printz v. United States, 521 U.S. 898, 933 (U.S. 1997)]

Anti-Commandeering Doctrine
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Auxiliary

Eric Vought

CLA-IIntroduction

History of the

SheriffsOffice





The Sheriff

Definition

Forbids the federal government from ordering the states ortheir subdivisions from governing or regulating in a particularway or from ordering (commandeering) state/local officers assubordinates of the federal government.
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Qualifications


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Auxiliary

Eric Vought

CLA-IIntroduction

History of the

SheriffsOffice





The Sheriff

Not a felon;

Resident taxpayer and voter;

Resident more than 1 year;

...shall be a person capable of efficient law enforcement.

Needs To Be Peace OfficerAs of 1 January 2003
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Auxiliary

Eric Vought

CLA-IIntroduction

History of the

SheriffsOffice





The Sheriff

y

Does not have to be licensed at time of election;

May not personally exercise police powers until licensed;

Mayact through licensed deputies;
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Bond


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Auxiliary

Eric Vought

CLA-IIntroduction






The Sheriff

Within 15 days of being sworn in, every sheriff must post a

bond between $15,000 and $50,000 conditioned for the faithfuldischarge of his duties; which bond shall be filed in the office ofthe clerk of the circuit court of the county. 57.020 R.S.Mo.

Deputies


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Auxiliary

Eric Vought

CLA-IIntroduction






The Sheriff

Must be resident of the county. 57.117 R.S.Mo.

Every deputy sheriff shall possess all the powers and mayperform any of the duties prescribed by law to beperformed by the sheriff. 57.270 R.S.Mo.

Nepotism Restriction


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Auxiliary

Eric Vought

CLA-IIntroduction






The Sheriff

Any public officer or employee in this state who byvirtue of his office or employment names or appoints

to public office or employment any relative within thefourth degree, by consanguinity or affinity, shallthereby forfeit his office or employment. Mo.Const. Art. VII, 6.
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General Duties


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Auxiliary

Eric Vought

CLA-IIntroduction






The Sheriff

Every sheriff shall quell and suppress assaults andbatteries, riots, routs, affrays and insurrections; shall

apprehend and commit to jail all felons and traitors,and execute all process directed to him by legalauthority, including writs of replevin, attachments andfinal process issued by circuit and associate circuitjudges. 57.100 R.S.Mo.

Sheriff In 3rd and 4th Class Counties May 57.115 R.S.Mo.
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Auxiliary

Eric Vought

CLA-IIntroduction






The Sheriff

1 Regularly patrol and police all public roads and highwayswithin the county;

2 Enforce all laws designed to safeguard and protect theseroads and highways;

3 Report all dangerous conditions on these roads andhighways to the county commission or other road orhighway supervising body.

Additional Duties
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Auxiliary

Eric Vought

CLA-IIntroduction






The Sheriff

Service of process in civil cases and collecting executionsof judgments [ 57.280 RsMO];

Aid and assist the jury commissioners in the county byconducting investigations into the identity of prospectivejurors [ 57.395 RsMO];

Every 3 months, file with the circuit court of the county areport on the conditions of county jail [ 57.102 RsMO];

Mutual Aid
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Auxiliary

Eric Vought

CLA-IIntroduction






The Sheriff

Whenever any sheriff or deputy sheriff of anycounty in this state is expressly requested, in eachinstance, by a sheriff of an adjoining county of this

state to render assistance, such sheriff or deputy shallhave the same powers of arrest in such county as hehas in his own jurisdiction. 57.111 R.S.Mo.

No Dukes of Hazard county line prohibitions if neighboring

sheriff asks for assistance!

Outline
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Auxiliary

Eric Vought

CLA-IIntroduction






The Sheriff

2 CLA-I Introduction3 History of the Sheriffs Office4 The Development of the Constitution


Failure of the Articles of ConfederationConstitution A Republic, If You Can Keep It5 The Sheriff Under the Law

IndependenceElection

DeputiesDuties


First Aid, Consent to Treatment, and Standard of Care

Non-violent Crisis Intervention

Fyrd, Housecarls, Witan
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Auxiliary

Eric Vought

CLA-IIntroduction

History of theSheriffs

Office




The Sheriff

Anglo-Saxon England; 7th century or earlier;

The best of each household serve in the Fyrd;

Limited length of time for service each season;

Housecarls or "House Earls" served the Jarl or Earl(deputies);

Local people met in moots, elected representatives toannual Witans;

Witans determine succession;

HospitalersAKA Knights of St. John of God, of Malta, of Jerusalem
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Auxiliary

Eric Vought

CLA-IIntroduction


Office




The Sheriff

Templars => convert by the sword;

Hospitalers => convert through service and leadership;Defend the innocent and heal what may be healed (equalopportunity)

Maltese Cross

Zouaves, Militia
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Auxiliary

Eric Vought

CLA-IIntroduction


Office




The Sheriff

Colonial militia primarily civil defense w/ some emergencyresponse duties;

Zouaves were elite volunteer companies (Col Ephraim

Ellesworth);

Special forces and SWAT teams of their day;Many of them, N&S, became famous units in Civil War;44th NY, Louisiana Tigers;Ellseworth wrote a handbook on how to operate avolunteer company;

Red Cross
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Auxiliary

Eric Vought

CLA-IIntroduction


Office




The Sheriff

Henry Dunant, Crimean War (1859)

Help all injured on battlefield;

No sides taken;

Toward a modern Auxiliary
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Auxiliary

Eric Vought

CLA-IIntroduction


Office




The Sheriff

Flip militia on its head;

Serve the community first;

Service without prejudice;

Survival Skills Triad: First Aid, Communications, Defense;

Build leaders in the community

Outline
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Auxiliary

Eric Vought

CLA-IIntroduction


Office




The Sheriff

2 CLA-I Introduction3 History of the Sheriffs Office4 The Development of the Constitution





DeputiesDuties



Non-violent Crisis Intervention

Consent
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Auxiliary

Eric Vought

CLA-IIntroduction


Office




The Sheriff

Obtaining consent;

When consent is implied;

Standard of Care and patient abandonment;

Definition

implied consent: Consent that is inferred from signs, actions, orfacts, or by inaction or silence.

Good Samaritan Law
http://legal-dictionary.thefreedictionary.com/Implied+Consenthttp://legal-dictionary.thefreedictionary.com/Implied+Consenthttp://find/


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Auxiliary

Eric Vought

CLA-IIntroduction


Office




The Sheriff

Definition

Protects a volunteer who has been trained in first aid fromliability for providing emergency care without compensation to

the level for which he or she has been trainedat the scene ofan emergency or accident. [ 537.037 RsMO item 2]

Also protects a physician, surgeon, registered professionalnurse, or licensed practical nurse who is providing emergency

care in good faith without compensation at the scene of anaccident or emergency. [ 537.037 RsMO item 1]

Avoiding Conflict
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Auxiliary

Eric Vought

CLA-IIntroduction


Office


The Right ofthe Polity toBear ArmsCommon Law

and BBORDeclaration ofIndependenceand RevolutionFailure of theArticles ofConfederation


The Sheriff

Situational awareness - head off trouble early; (see70)

What is the root of the problem?

Prevent the crisis from escalating;

Keep your head, even when others do not;

Avoid injury to yourself and others;

Defusing the situation and resolving a crisis

Recap of CCW Materials
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Auxiliary

Eric Vought

CLA-IIntroduction


Office





The Sheriff

RsMO 571.030Unlawful use ofweaponsexceptionspenalties.

RsMo 571.107Permit does not authorize concealedfirearms (when)...

Note 571.030 2. (1) exemptions for "...any personsummoned by such [peace] officers to assist in makingarrests or preserving the peace while actually engaged in

assisting such officer;"

Use of Force Guidelines
http://www.moga.mo.gov/mostatutes/stathtml/57100000301.HTMLhttp://www.moga.mo.gov/mostatutes/stathtml/57100001071.htmlhttp://www.moga.mo.gov/mostatutes/stathtml/57100001071.htmlhttp://www.moga.mo.gov/mostatutes/stathtml/57100000301.HTMLhttp://find/http://goback/


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Auxiliary

Eric Vought

CLA-IIntroduction


Office





The Sheriff

Asa matter of law and policy, Auxiliary volunteers are notlicensed Peace Officers and :

Are not empowered to defend property, only life;

Do not possess powers of arrest;Do not pursue;

Use of Force Guidelines
http://lcmoauxiliary.org/CMS/UseOfForceGuidelineshttp://lcmoauxiliary.org/CMS/UseOfForceGuidelineshttp://find/


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Auxiliary

Eric Vought

CLA-IIntroduction


Office





The Sheriff

Asa matter of law and policy, Auxiliary volunteers are notlicensed Peace Officers and :

Are not empowered to defend property, only life;

Do not possess powers of arrest;Do not pursue;

Auxiliary policy strongly discourages use ofCitizensArrest[RsMO 563.051.2] in all cases except where acontinued threat to life exists if the suspect were notimmediately and forcibly contained.
http://lcmoauxiliary.org/CMS/UseOfForceGuidelineshttp://lcmoauxiliary.org/CMS/UseOfForceGuidelineshttp://find/


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Castle Doctrine


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Eric Vought

CLA-IIntroduction


Office





The Sheriff

Definition

Missouris Stand Your Ground law or Castle Doctrine [RsMO

563.031] means that you have no duty to retreat from a deadlythreat if the threat occurs in your home or dweling (such as ahotel room), your vehicle [RsMo 563.031 2.(2)] , or, as ofrecent changes in the law, your owned or rented privateproperty [2.(3)] .

Who Is the Aggressor?
http://www.moga.mo.gov/mostatutes/stathtml/56300000311.HTMLhttp://www.moga.mo.gov/mostatutes/stathtml/56300000311.HTMLhttp://www.moga.mo.gov/mostatutes/stathtml/56300000311.HTMLhttp://www.moga.mo.gov/mostatutes/stathtml/56300000311.HTMLhttp://find/


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Eric Vought

CLA-IIntroduction


Office





The Sheriff

Travon Martin case (2012)

George Zimmerman acquitted July 2013;Did not raise Floridas Stand-Your-Ground defense;Evidence showed he was on back, under Martin at timeshot was fired, therefore no duty to retreat;

Stand-Your-Ground, however, affected Jury instructions

Who Is the Aggressor?
http://find/


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Eric Vought

CLA-IIntroduction


Office





The Sheriff

Travon Martin case (2012)

George Zimmerman acquitted July 2013;Did not raise Floridas Stand-Your-Ground defense;Evidence showed he was on back, under Martin at timeshot was fired, therefore no duty to retreat;

Stand-Your-Ground, however, affected Jury instructions

Rowe vs United States 164 U.S. 546 (1896):

Part of David Koppels group of Self-Defense Cases underthe Fuller Court;

After initial altercation, accused walked away, victimchased accused with a knifeWhen the accused retreated from an altercation in goodfaith, his right of self-defense can be reasserted;
http://find/


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Responsibility to Secure a Weapon


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Eric Vought

CLA-IIntroduction


Office





The Sheriff

We are responsible for securing the arms we carry;

If we allow arms to fall into the wrong hands, they becomea tool of crime;

Volunteers requiredto take Handgun Retentionpractical

SOGs for Securing Weaponsin Volunteer Handbook

Reflections on the Auxiliary and the Sheriffs Office
http://lcmoauxiliary.org/CMS/OrganizationDocument/Qualifications/Tacticalhttp://lcmoauxiliary.org/CMS/DeploymentGuide/SecuringFirearmshttp://lcmoauxiliary.org/CMS/DeploymentGuide/SecuringFirearmshttp://lcmoauxiliary.org/CMS/OrganizationDocument/Qualifications/Tacticalhttp://find/


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Eric Vought

CLA-IIntroduction


Office





The Sheriff

Anything we do as volunteers reflects on Sheriffs Office;

Anything we do (even off duty) reflects on the Auxiliary;Because this program is unusual/ambitious, we cannotafford mistakes;

Any Means To Get Help
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CLA-IIntroduction


Office





The Sheriff

Mayday, Mayday

In a genuine emergency, any person may use a radio to get helpby any means necessary, regardless of licensing considerations.
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Eric Vought

CLA-IIntroduction


Office





The Sheriff

Know your neighbor to avoid conflict;

Dont get shot by a nervous farmer...;

Respect the limits of your authority (you dont have any)but...

When protecting life comes first... ask forgiveness later;

Outline

http://find/


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Eric Vought

CLA-IIntroduction


Office





The Sheriff

2 CLA I Introduction3 History of the Sheriffs Office

4 The Development of the ConstitutionThe Right of the Polity to Bear ArmsBritish Common Law and English Bill of Rights (1689)Declaration of Independence and Revolution




DeputiesDuties6 Models For the Auxiliary7 Crisis Intervention


Non violent Crisis Intervention

Different Hats
http://find/


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Eric Vought

CLA-IIntroduction


Office





The Sheriff

Acting in personal capacity;

As a volunteer, officially, under authority of Sheriff;

As a volunteer under the Incident Command System;Deputized in an emergency;

Other hats you may carry (e.g. ARES/RACES, EMS);

When stuff just happens;

Outline

http://find/


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Auxiliary

Eric Vought

CLA-IIntroduction


Office





The Sheriff

2 CLA I Introduction3 History of the Sheriffs Office

4 The Development of the ConstitutionThe Right of the Polity to Bear ArmsBritish Common Law and English Bill of Rights (1689)Declaration of Independence and Revolution




DeputiesDuties6 Models For the Auxiliary7 Crisis Intervention


Non violent Crisis Intervention
http://find/


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C tit ti

Blackstones "Commentaries" on the right ofdefense


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Eric Vought

CLA-IIntroduction


Office





The Sheriff

"...it is indeed, a public allowance under due restrictions, of thenatural right of resistance and self-preservation, when thesanctions of society and laws are found insufficient to restrainthe violence of oppression... " [Blackstone, 1753, pp 106]

Division between harm to property, which the law canmake whole and

Threats to life and limb, which the law cannot repair;

Ability, Oportunity, Jeopardy - 3 factors defining lawfuldefense;

Vigilantism is extrajudicial violence: doesnt matterwhether commited by State or individual;


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Constitution

Outline


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Auxiliary

Eric Vought

IntroducingCivilians inCivl Defense

Officers,

Authority,and Chain-Of-Command

SourceResponsibilitiesLimitsChain-Of-CommandAccountability

Discipline andOffenses

ChangingRoles

References

10 Introducing Civilians in Civl Defense

11 Officers, Authority, and Chain-Of-CommandSourceResponsibilities

LimitsChain-Of-CommandAccountability

12 Discipline and Offenses

13 Changing RolesReferences
http://find/


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Constitution,

Outline


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Eric Vought


Officers,




ChangingRoles

References






Constitution,

Understanding Officers
http://find/


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Eric Vought


Officers,




ChangingRoles

References

CLA-I is for all volunteers;

This level focuses on officers;

What is an officer?

Constitution,

Officer


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Eric Vought


Officers,




ChangingRoles

References

Definitions

1. a person who holds a position of rank or authority in thearmy, navy, air force, or any similar organization especially onewho holds a commission.4. a person appointed or elected to some position of

responsibility or authority in the government, a corporation, asociety, etc. Dictionary.com

Notice the word commission, what is a commission?
http://dictionary.reference.com/browse/officerhttp://dictionary.reference.com/browse/officerhttp://find/http://goback/


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Constitution,L d th

Officer Holds Commission


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Officers,Authority,and Chain-Of-Command



ChangingRoles

References

Commission grants authority for particular function;

Function involves responsibility;

Officer holds authorioty and exercises responsibility forthe

Sheriff;Officer is a leader within a realm of specific tasks;

Constitution,Law and the

Officer Holds Commission


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ChangingRoles

References

Commission grants authority for particular function;

Function involves responsibility;

Officer holds authorioty and exercises responsibility forthe

Sheriff;Officer is a leader within a realm of specific tasks;

Whose Authority?

An officer is a proxy for authority held by the peoplethemselves.


To be an effective officer, know ye:
http://find/


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ChangingRoles

References

Source What is the source of the delegated authority?

Responsibilities What responsibilities constitute the office to becarried out?

Limits What are the limits of your and your superiors

authority?Chain-Of-Command What is the chain-of-command to

determine who is in charge at any particular pointin time?

Accountability Through what mechanisms will you be heldaccountable to the people whose authority youhave been entrusted with?


Outline
http://find/


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ChangingRoles

References







Outline
http://find/


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ChangingRoles

References







William Blackstone. Commentaries on the law of England,volume 1 The Online Library of Liberty e-book edition
http://find/


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,Auxiliary

Eric Vought





ChangingRoles

References

volume 1. The Online Library of Liberty, e-book edition,

1753. URL http://scholar.google.com/scholar?hl=en{&}btnG=Search{&}q=intitle:

Commentaries+on+the+Law+of+England{#}4.

Stephen P. Halbrook. That Every Man Be Armed: theEvolution of a Constitutional Right. University of NewMexico Press, Albuquerque, NM, revised an edition, 2013.ISBN 978-0-8263-5299-6.

Pauline Maier. Ratification the People Debate theConstitution, 1787-1788. Simon and Schuster, New York,

2010.
http://scholar.google.com/scholar?hl=en{&}btnG=Search{&}q=intitle:Commentaries+on+the+Law+of+England{#}4http://scholar.google.com/scholar?hl=en{&}btnG=Search{&}q=intitle:Commentaries+on+the+Law+of+England{#}4http://scholar.google.com/scholar?hl=en{&}btnG=Search{&}q=intitle:Commentaries+on+the+Law+of+England{#}4http://scholar.google.com/scholar?hl=en{&}btnG=Search{&}q=intitle:Commentaries+on+the+Law+of+England{#}4http://scholar.google.com/scholar?hl=en{&}btnG=Search{&}q=intitle:Commentaries+on+the+Law+of+England{#}4http://scholar.google.com/scholar?hl=en{&}btnG=Search{&}q=intitle:Commentaries+on+the+Law+of+England{#}4http://scholar.google.com/scholar?hl=en{&}btnG=Search{&}q=intitle:Commentaries+on+the+Law+of+England{#}4http://find/http://goback/

Constitution, Law, and the Auxiliary (Slides)

Documents

Transcript of Constitution, Law, and the Auxiliary (Slides)