April 29, 2015, 12:16
Chris GrierCounty sheriff jurisdiction in national forest
Does anyone know of any authority I can cite for the proposition that a county sheriff (ie. or deputy) can enforce Texas state law in the national forest (which is therefore federal land)? It seems like a no-brainer, but I would like to forestall any defense along this line. Any ideas? Thanks in advance.
May 01, 2015, 10:13
J AnsolabehereMy understanding based on some research is that it depends on the agreement between Texas and the federal government. In some transfers of property for military bases or national parks, the cession agreement will specify whether or not the state returns certain jurisdiction over Texas criminal offenses, taxes, etc. You would probably need to look at the agreement between the State and the Federal Government that established the national forest to determine if the deputy sheriff had jurisdiction to enforce Texas criminal laws in the national forest.
May 04, 2015, 09:27
John GreenwoodTake a look at Gov Code 2204.103. If the defense raises an issue ask them to get you a copy of the "deed of cession."
May 21, 2015, 11:32
Chris GrierThank you both. That is very helpful. Any idea where a "deed of cession" may be found, ordinarily? Thanks for any help you can provide.
May 21, 2015, 13:21
John Greenwood"Any idea where a "deed of cession" may be found, ordinarily?"
County Clerk's deed records.