Legal Question in Administrative Law in Iowa

if a county sheriff fails to do a back ground check on a reserve deputy as required and the deputy has crimanal record isthe sheriff breaking the law and if said officer is not

legally a deputy because this check was not done are any of his arrest legal

Asked on 8/02/12, 3:26 am

1 Answer from Attorneys

Robert Luedeman solo practitioner

1. No.

2. You assume the person is not legally a deputy and that is incorrect. The person is a deputy until they aren't.

3. Which means an arrest made by this person is legal.

There's no get out of jail free card in this set of facts.

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Answered on 8/02/12, 5:41 am

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