A quick look at the office of county sheriff and how it's different than local and state police.
A common question when people see that they’ve being asked to vote for County Sheriff in an election is “What’s the difference between the sheriff and the police?” Another is “Why do we elect our sheriff, but not our police chief?”
This article is the second in a series looking at some of the less well known elected offices Michigan residents are asked to vote for on Election Day. Part one answered the question “What Does a Drain Commissioner Do?”
The simple answer to why we elect our sheriff is that it’s required by our state’s constitution. The constitution doesn’t specify what a sheriff’s duties are, except to say that the sheriff’s duties and powers “shall be provided by law.” This means it is largely up to the legislature to determine the powers and duties of the sheriff. Many of these are prescribed in Chapter 51 of the Michigan Compiled Laws, though other responsibilities are spread throughout the statutes.
As a county officer, a sheriff has law enforcement authority throughout their county, including its cities, villages, and townships. The sheriff’s primary responsibilities, are the maintenance of law and order in areas of the county not adequately policed by local authorities, and to respond to the law and order needs of citizens within local jurisdictions if local law enforcement is unable to do so.
As the peace officer for the county, the sheriff is responsible for preserving the peace within the county. There are some responsibilities that are specifically mandated by the constitution and the legislature, and others that the sheriff carries out in pursuit of law and order. Specifically, mandated services include being the principle officer for the Michigan Court System, making the sheriff responsible for Court security, among other related duties. Another mandated responsibility is the establishment and operation of the County Jail and other related services.
The elected sheriff is also the head of the Office of Sheriff, and responsible for carrying out the responsibilities of the sheriff using funding provided by the County Commission. The sheriff has authority within their department, including managing staff, the finances of the office within the budget set by the County, and ensuring that the duties of the sheriff are carried out. Thus, in order to successfully carry out their duties an elected sheriff must have knowledge of criminal and civil law and procedure, provisions relating to the custody of inmates, civil rights, business administration, police management, employee and labor relations, personnel administration, and fiscal management.
The primary differences between a sheriff’s department and a local police department are their jurisdiction and legal requirement. While a city police department’s jurisdiction extends only to the boundaries of the city, the sheriff’s jurisdiction crosses local boundaries within the county it is responsible for. Local police remain responsible for maintenance of law and order and other peace officer duties within their local units, and are employed by cities, villages, and townships, rather than counties. While the sheriff is a constitutionally mandated office, local police, are not. Cities, for example, are required to provide for the public peace, health, and safety of persons and property, but the law does not require a specific method of providing for these things. Most cities organize a police department to provide for the peace and safety of their residents, but they could instead choose to contract with the county sheriff or another local unit’s police department.
Those in Michigan State University Extension that focus on Government and Public Policy provide various training programs, which are available to be presented in your county. Contact your local Government and Public Policy educator for more information.
Did you find this article useful?
FAQs
A city police officer works for and in a city. A sheriff and his deputies work out of a courthouse and jail. The sheriff's police have a larger jurisdiction that includes a number of cities, townships and rural areas in their patrol sectors.
What is the difference between county sheriff and local police? ›
Police focus on urban areas within cities, led by appointed police chiefs, while sheriffs have county-wide jurisdiction, are elected by the public, and oversee law enforcement in a more extensive geographic area.
What is the biggest difference between sheriffs and police? ›
A Sheriff is generally (but not always) the highest, usually elected, law-enforcement officer of a county. Chiefs of Police usually are municipal employees who owe their allegiance to a city.
What makes the sheriff unique among law enforcement personnel? ›
Outside a few elected town marshals, the Sheriff is the only head of a law enforcement agency in this nation that is accountable directly to the people of his /her jurisdiction.
What are the pros and cons of police officers using discretionary authority? ›
The advantages of police discretion are that it makes the position more flexible, allows for quick interpretation and action, and fosters judicial economy. The disadvantages of police officer discretion are that it can escalate a situation or violate someone's rights if applied improperly.
Does a sheriff have authority over local police? ›
A sheriff has the authority to enforce the law anywhere within their county. If a city or town has its own police force, the sheriff normally lets city cops deal with crimes and emergencies within that jurisdiction.
Are sheriffs appointed by local officials? ›
In the United States, a sheriff is the chief of law enforcement of a county. Sheriffs are usually either elected by the populace or appointed by an elected body. Sheriff badges are typically star-shaped, as opposed to the shield-shaped badges of most city police.
What position is higher than a sheriff? ›
In the US, Sheriff is an elected office. The Sheriff is the senior law enforcement officer. It is not a “rank”- it is an elected position like Mayor or Senator. The Sheriff does not have a superior.
What does a deputy do? ›
Deputy sheriffs are responsible for enforcing either local, state or federal laws at a county level. They work in crime prevention as well as intervening when a crime has been committed by arresting and detaining perpetrators and investigating the circ*mstances of the illegal acts.
Which sheriffs department is the largest? ›
The Los Angeles Sheriff's Department is the largest sheriff's department in the world. The Department is divided into four main operations.
They need to be brave, honest, trustworthy, and fair. Skills: The sheriff must have the skills to deal with any situation, whether it is by using force or by using negotiation. They should also have good skills, like being able to use firearms and other weapons, as well as being physically fit.
What is the smallest sheriff's department in the US? ›
The Nebraska Blaine County Sheriff's office has only a single person. Arthur County, also in Nebraska, has two sworn officers (I think). Sheriff's offices of this size are pretty rare though, even in very small counties.
What are the duties of the state police sheriff's departments and local police departments? ›
State and Local Law Enforcement Agencies
The primary purpose is to uphold the laws of the jurisdiction, provide patrol, and investigate local crimes.
What is the most controversial discretionary decision made by police officers? ›
13 The use of force, especially deadly force, is often the most controversial discretionary decision made by police officers. Even if the force was legally justified, its use is often controversial.
What limits police discretion? ›
Second, the fourth amendment also performs a discretion control function. Even when the governmental interest at stake might otherwise justify a search or seizure, that search or seizure may be illegal if allowing it would confer too broad a discretionary authority on the police.
Could police discretion be removed? ›
Police are authorized only to enforce the law; their use of discretion in other areas is not authorized, but the elimination of discretion is neither possible nor desirable.
What's the difference between a sheriff and a constable? ›
In summary, a constable and a sheriff are both law enforcement officials who can enforce criminal and civil laws, but a constable does not work for the sheriff's department. Constables are certified by the same board as police and sheriffs, but they do not perform traditional law enforcement duties.
Does CT have sheriffs? ›
In Connecticut, individuals elected under the state constitution are generally known as high sheriffs. They serve four-year terms and take office on the first day of June after their election.
How many sheriffs are there in CA? ›
Buckle Up, Partner, It's a Numbers Game
A sheriff! So, some basic math (don't worry, it's the fun kind) tells us that California has roughly 58 sheriffs.
What is the difference between public and private policing? ›
Private Security: Governed by state and local regulations, which vary but often include licensing, training requirements, and operational limitations. Public Law Enforcement: Operates under federal, state, and local laws, with strict adherence to constitutional rights and legal procedures.
