DOVER, Del. (AP) - The state House has approved legislation asserting that county sheriffs and their deputies in Delaware do not have arrest powers.
The bill was approved 36-to-2 Thursday and sent to the Senate,
but the issue of whether sheriffs have police powers may ultimately be settled by the courts.
A resolution asking the state Supreme Court for an opinion on the issue was shot down in committee on Wednesday.
But the Sussex County sheriff, whose actions have prompted efforts to clarify the powers of sheriffs, sued the county Wednesday, asking a judge to declare that he has police powers under the state constitution.
The bill approved Thursday was amended to state that sheriffs and deputies are considered law enforcement officers if acting under court direction, but that they don't have arrest powers.
