Sheriff arrested for felony theft after stealing $$$ at work..will stay on as Sheriff

[Terminator]

DES MOINES, Iowa - An Iowa sheriff was charged Friday with stealing $120,000 from bundles of cash seized when deputies stopped a suspicious vehicle in March.

Dallas County Sheriff Brian Gilbert, 43, was charged with felony theft and released from Polk County Jail in Des Moines after posting a $13,000 bond, according to Iowa Department of Public Safety spokesman Jim Saunders.

Gilbert’s attorney, F. Montgomery Brown, said he and his client are “going to defend this vigorously.” He said Gilbert plans to continue serving as sheriff, an office he has held since 2004.

[nitestokker]

This is why those Canadians take two years to count all those freckles, Farva!

If he really didn't do it, where's the video?!? EVERYTHING we do outside the bathroom is on video.

[sflcop]

Not sure about Iowa, but in the wonderful state of Florida FDLE would yank him out of office so fast until the investigation and court case were complete he would not have time to take off his badge and gun.

[conalabu]

See, NC likes to do the sneak attack. Let him serve, now he is being watched like a hawk and he is going to burn for all kinds of shit. Smarter to have just resigned and kept his head down.

[dlefdal]

This is why those Canadians take two years to count all those freckles, Farva!

If he really didn't do it, where's the video?!? EVERYTHING we do outside the bathroom is on video.

No kidding. Realistically though, if they took all that time to count freckels out here in CA, we wouldn't have any cops at all. We have a really hard time finding recruits, it if took that long to do a background check, we wouldn't have any.

The lesser of 2 evils I guess.

[TwanimusPrime]

I'd like to see something like that happen in Arizona, because it would create an interesting constiutional dilema.

By the Arizona Constitution, the ONLY person who has the authority to arrest THE Sheriff is a Constable. A Constable is a seperate elected position. Its kinda like a Court Officer who does Civil Service (which is kinda redundent, since the Sheriff is also responsable for Civil service, but it not an agent of the court). There is One Constable for every court precint.

It would get icky because my County doesn't really have Constables. There is a listed constable position, but the salary is $1 a year. (No, thats not a typo. 100 pennies a year). So people arn't exactly fighting for the position. For the most part its only held by ex-elected county government officals who need a few more years of elected offical time to get the elected offical retirement. Or sometimes you'll get an old retired person who wants to get involved in something. (Like the old volenteers you'd get in Sheriffs Posse's and such)

Some counties do have real constables, some don't. Its pretty much an old constitutional hold-over from the old west days that never got done away with.

[Virginian]

Couldn't the state police agency arrest him?

[TwanimusPrime]

Couldn't the state police agency arrest him?

Nope. I suppose the Feds could come in and do it that way. But only the Constable can arrest him for violations of state and municpal law. Its in the Arizona State Constiution, so its rules apply at all state officals. And all Police Officers; be it State, County, or Municpal, are state officials. All have to abide by the AZ Constitution. I may be a Deputy Sheriff for my County, but I receive my authority from the State of Arizona. Its not an Agency or Jursidiction issue, its a specific law set just for The Sheriff.

Now again, this only applies to The elected Sheriff. That rule doesn't apply to Deputies. As AZ has 15 Counties, so 15 Sheriff's. Also, THE Sheriff does NOT have to be a certifed peace officer. Any Joe Shmoe could run for Sheriff and win. All his Deputies do have to be Peace Officers to have arrest powers, but not THE Sheriff.

yeah, we're a wacky state when it comes to that. All old Wild West laws from back when AZ was a Territory and its early statehood days. Never been an issue before, so the AZ Legislature has never addressed it. Which is why I'd like to see something like this story to happen here, i love constitutional dilemas Great seeing Lawyers sweat.

[Terminator]

In some states, only the coroner can arrest the Sheriff.

[dlefdal]

I've heard of that.

[bayern]

In some states, only the coroner can arrest the Sheriff.

Same here in South Carolina. However, the Governor can releave him of his job while the courts take there time.

[Ducky]

Same here in South Carolina. However, the Governor can releave him of his job while the courts take there time.

That's what I was thinking. Thanks for the confirmation.

[Five-0]

In some states, only the coroner can arrest the Sheriff.

That is how we do it in Alabamastan

[TwanimusPrime]

Same here in South Carolina. However, the Governor can releave him of his job while the courts take there time.

No such protections here. Only way to get rid of a sitting Sheriff is by recall election.

[jmur5074]

Same in MN.

The only person who can arrest the Sheriff is the Coroner/ME

[Angry Mexican]

Same in MN.

The only person who can arrest the Sheriff is the Coroner/ME

Same in Ohio

[cntryboy0531]

Same in MN.

The only person who can arrest the Sheriff is the Coroner/ME

Same in Florida as well I believe. I think the only one from FL who can remove a sitting Sheriff is the Govenor or election.