South Carolina Attotney General Re: Proposed “Sheriffs First” Legislation.
The proposed legislation requires federal employees who would act in a county for the purpose of making federal arrests, searches or seizures, and who are not designated by South Carolina law as South Carolina peace officers, to first obtain ·written permission from the county sheriff or designee of the county sheriff in which the arrest, search or seizure will occur. The legislation also provides that the county sheriff or designee of the county sheriff "may refuse permission for any reason that the sheriff or designee considers sufficient." An exception exists when the arrest, search or seizure will take place on a federal enclave for which jurisdiction has been ceded to the United States by a South Carolina statute. A federal employee may also obtain written permission from the South Carolina Attorney General, who also "may refuse the permission for any reason that the attorney general considers sufficient." The legislation sets forth information which must be included in the request for written permission, including the name of...