Pa. Sheriff's Deputies May Get Expanded Powers

Feb. 4, 2013
Deputies in the state can't file charges on information they receive, only on crimes they witness.

Berks County Sheriff Eric J. Weaknecht made waves recently when he said his 94 deputies were ready to put their boots on the ground to assist local law enforcement.

Some asked if Weaknecht meant his deputies weren't currently busy enough.

But Weaknecht clarified that while his staff is working hard performing its regular duties, it could do more if called upon by Reading or other Berks municipalities.

"We wouldn't just stop what we're doing now, but we do a lot of traveling and we'd keep our eyes open," Weaknecht said.

His deputies could be especially useful, he said, if the state expanded the powers of sheriff's departments.

In Pennsylvania, deputies can't file charges on information they receive, only on crimes they witness.

So if deputies are serving a warrant and discover drugs or learn a husband assaulted his wife, they can't make an arrest. Instead, they must call police, which takes those officers away from their duties. In many cases that means efforts are duplicated because the deputies and police officers need to appear in court, Weaknecht said.

Expanding the powers of sheriffs is an option local lawmakers vowed to pursue.

The most frequent objection when attempts were made over the last 20 years was the notion that it would lead to a countywide police force.

That could be prevented by spelling out what situations would be appropriate for a sheriff's involvement, said Rep. Mark M. Gillen, a Mohnton Republican.

Another hurdle in the past was opposition from the County Commissioners Association of Pennsylvania. Other organizations also have objected, including the state Fraternal Order of Police, state police and Pennsylvania's district attorneys.

Berks Commissioner Christian Y. Leinbach, commissioners association president, said the organization just wants parameters for the sheriffs' role to make sure disputes over power don't arise between district attorneys and sheriffs, and that the law can't be used as a tool for a sheriff to create a countywide police force.

Although previous efforts hit a brick wall, the result could be different this time, said Sen. David G. Argall, a Schuylkill County Republican.

"Given the scope of the issues facing Reading and many of our other older cities across Pennsylvania, I don't think we have a choice," he said.

The state at least needs to give counties the option, said Rep. Thomas R. Caltagirone, a Reading Democrat.

If the law changed, municipalities would get more coverage while sharing the cost of deputy sheriffs, an expense they're already paying, said Chief Deputy Sheriff John T. Stanton.

The deputies are qualified for the work because they receive the same training as police officers, Stanton said.

"Pennsylvania is in the stone ages with this," Stanton said, mentioning numerous other states, including Ohio and Virginia, where deputies have more power.

The Pennsylvania Sheriffs Association is meeting with groups who object, explaining that such a change would not reduce the need for officers, but allow for better law enforcement, Weaknecht said.

"Obviously there is enough crime in Pennsylvania and Berks County to go around," he said. "We're not looking to be an investigating agency. We're not detectives. We'd just handle what we come across every day."

Joseph M. Brown, president of the Berks FOP, said he could understand if Weaknecht meant he could occasionally spare a few deputies to work in the city.

But any deputies Weaknecht could spare would not be enough to make up for the number of experienced officers the city has lost in recent years, Brown contended.

Copyright 2013 - Reading Eagle, Pa.

McClatchy-Tribune News Service

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