Pennsylvania Deputies' Powers of Arrest Questioned

Nov. 9, 2012
A defense attorney claims that Beaver County deputies have been working without legal arrest powers.

BEAVER, Pa. -- A defense attorney is asking Beaver County court to withdraw his client's guilty plea on a drunken driving charge, claiming that sheriff's deputies -- including the one who arrested his client -- have been working without legal arrest powers.

Gerald Benyo filed a motion on behalf of Joe E. Biser, 45, of Rogers, Ohio. Biser was initially charged on Oct. 27, 2011. The motion also asks that the district attorney's office withdraw the prosecution and dismiss all charges because the county deputy sheriff who charged Biser, Dave Hunter, did not have arrest powers.

The basis of the motion hinges on a section of the Beaver County Code that specifies what steps someone must be taken to become a deputy. One of the requirements is that prior to appointment, the applicant must file an affidavit with the prothonotary's office that provides information including name, age and address, and a statement that the applicant has never been convicted of a crime of "moral turpitude."

The county code also says that from time to time the sheriff must prepare and post in a public place a list of those who applied for and met the qualifications for a position as a deputy.

Deputies had not filed the required affidavits until several began going to the prothonotary's office Oct. 26 to do so. Nearly all of the deputies have since filed the paperwork.

"I am certain that this issue is valid in a number of cases, and I believe it will appear before the court multiple times," Benyo told The Times. "I really believe if the government makes the rules, and the people in government break the rules, then they should not be allowed to enforce the broken rules against the average citizen."

District Attorney Anthony Berosh said he is looking into the issue, but it will be up to a judge to decide what will happen regarding any criminal cases filed by deputies. He said there are not a large number of criminal cases filed by deputies.

Asked about what implications there could be beyond criminal filings, Berosh said he couldn't answer that.

Myron Sainovich, Sheriff George David's solicitor, called the law "antiquated" and said the failure to file the affidavits is a "small infraction."

Sainovich said deputies hired before David became sheriff had not filed the affidavits either, and as soon as they became aware of the requirement, the deputies filed the necessary paperwork, and David posted a list of all current deputies.

Applicants for a deputy position go through a multi-step process starting with an employment application with the county, Sainovich said. He said they also fill out an application with the sheriff's department that asks detailed questions about the applicant. The county commissioners sign off on the employment, and the deputy is sworn in before the president judge, Sainovich said.

Sainovich said those forms are much more stringent, and the bar for employment has been set much higher since the language regarding the affidavit was put into place many years ago.

Regarding the potential to have court cases tossed out because of the infraction, Sainovich said he doesn't think it's going to be an issue because the deputies do have arrest powers.

Copyright 2012 - Beaver County Times, Pa.

McClatchy-Tribune News Service

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