A. The sheriff shall:
1. Preserve the peace.
2. Arrest and take before the nearest magistrate for examination all persons who attempt to commit or who have committed a public offense.
3. Prevent and suppress all affrays, breaches of the peace, riots and insurrections that may come to the knowledge of the sheriff.
4. Attend all courts, except justice and municipal courts, when an element of danger is anticipated and attendance is requested by the presiding judge and obey lawful orders and directions issued by the judge.
5. Take charge of and keep the county jail, including a county jail under the jurisdiction of a county jail district, and the prisoners in the county jail.
6. Endorse on all process and notices the year, month, day, hour and minute of reception and issue to the person delivering the process or notice, on payment of fees, a certificate showing the names of the parties, the title of the paper and the time of reception.
7. Serve process and notices in the manner prescribed by law and certify under the sheriff's hand on the process or notices the manner and time of service, or if the sheriff fails to make service, the reasons for failure, and return them without delay. When returnable to another county, the sheriff may enclose such process or notices in an envelope, addressed to the officer from whom received, and deposit the envelope postage prepaid in the post office. The return of the sheriff is prima facie evidence of the facts stated in the return.
8. Secure, as soon as possible, the home of a deceased person located outside the boundaries of an incorporated city or town if the sheriff is unable to determine or locate the heirs or executor of the deceased person.
B. The sheriff, in executing the duties prescribed in subsection A, paragraphs 1 through 4 of this section, may command the aid of as many inhabitants of the county as the sheriff deems necessary.
C. The sheriff shall conduct or coordinate within the county search or rescue operations involving the life or health of any person or may assist in such operations in another county at the request of that county's sheriff. The sheriff may request assistance from any persons or agencies in fulfilling duties under this subsection. A search and rescue unit established or recognized by a county may possess human remains as defined in section 36-301 for the purpose of training canines used for search and rescue work. The sheriff or the sheriff's designee shall keep an inventory of all human remains that are kept for the purpose of training search and rescue canines. The inventory must be updated when the search and rescue unit receives human remains or disposes of human remains that are no longer useful to the search and rescue unit. Each search and rescue unit that possesses human remains for the purpose of training search and rescue canines shall establish policies and standard operating procedures for access to, the inventory of and the possession and disposal of human remains kept for the purpose of training search and rescue canines.
D. The sheriff, in executing the duties prescribed in this section, may request the aid of volunteer posse and reserve organizations located in the county.
E. The sheriff may assist in executing the duties prescribed in this section in another county at the request of that county's sheriff.
F. The sheriff may require any prisoner who is on work release to reimburse the county for reasonable expenses incurred in connection with the release.
G. The board of supervisors of a county bordering Mexico may adopt an ordinance pursuant to chapter 2 of this title allowing the sheriff to prevent the entry from this state into Mexico at the border by any resident of this state who is under eighteen years of age if the minor is unaccompanied by a parent or guardian or does not have written consent for entry from the minor's parent or guardian. The authority of the sheriff is only to prevent entry and not to otherwise detain the minor. This subsection does not limit the authority of the sheriff pursuant to any other law. A county is not civilly or criminally liable for not adopting an ordinance pursuant to this subsection.
H. Notwithstanding section 13-3112, the sheriff may authorize members of the sheriff's volunteer posse who have received and passed firearms training that is approved by the Arizona peace officer standards and training board to carry a deadly weapon without a permit while on duty.
Notes of Decisions
Walker v. Walthall (1978)
arizctapp · cites it 8×
“The duties of a sheriff are set forth in A.R.S. § 11-441. In part, § 11-441A(1)(3) provides that the sheriff shall "Preserve the peace," "Arrest and take before the nearest magistrate for examination all persons who attempt to commit or who have committed a public offense," and…”
Carlson v. Pima County (1984)
ariz · cites it 4×
“§ 31-121; the Sheriff is charged with keeping the peace, A.R.S. § 11-441(A)(1); and he must “take charge of and keep the county jail and the prisoners therein”, A.”
United States v. County of Maricopa (2018)
ca9 · cites it 2×
“Ariz. Rev. Stat. § 11-441 (A)(1)–(3). Maricopa County does not explain why the Sheriff would be a final policymaker for the County with respect to jail administration but not with respect to the law-enforcement functions assigned to him in the same provision.”
Tenorio-Serrano v. Driscoll (2018)
azd · cites it 4×
“Defendants and the United States argue that a number of Arizona statutes authorize the sheriff to comply with ICE detainers ( see Doc. 28 at 9-13; Doc. 41 at 22-24), but none of the statutes appears to support this assertion.”
Arpaio v. Baca (2008)
arizctapp · cites it 5×
“Courts have limited authority to interfere with a sheriffs duties to maintain and operate the county jails pursuant to the Arizona Constitution and A.R.S. §§ 11-441(5) and 31-101, and then only to determine whether specific constitutional violations exist and in doing so to…”
Judd v. Bollman (1990)
arizctapp · cites it 9×
“A.R.S. §§ 11-441 and 31-101 were amended in 1989, after the sentence was imposed in this case.”
State v. Fontes (1998)
arizctapp · cites it 2×
“200, § 12, and therefore, Feldstein is not applicable here.”
City of Phoenix v. SUPER. COURT, MARICOPA CTY. (1985)
arizctapp · cites it 4×
“Since the statute does not direct any specific person to serve orders, the City concludes that only the sheriff may accomplish such service pursuant to the powers given it in A.R.S. § 11-441(A)(7) which provides that the sheriff shall “[s]erve process and notices in the manner…”
Trombi v. Donahoe (2009)
arizctapp · cites it 16×
“*264 FACTS AND PROCEDURAL HISTORY ¶3 Pursuant to A.R.S. § 11-441(A)(4) (Supp.2008), 1 the sheriff has a mandatory duty to “[ajttend all eom’ts, except justice and municipal courts, when an element of danger is anticipated and attendance is requested by the presiding judge, and…”
Dupnik v. MacDougall (1983)
ariz · cites it 4×
“We believe that A.R.S. § 11-441(A)(4) authorizes the superior court to require that the sheriff attend sentencings and take charge of persons sentenced to prison.”
— Ariz. Rev. Stat. § 11-441(2)(2009) — 1 case
— Ariz. Rev. Stat. § 11-441(5) — 4 cases
Judd v. Bollman (1990)
arizctapp
“A.R.S. §§ 11-441 and 31-101 were amended in 1989, after the sentence was imposed in this case.”
Arpaio v. Baca (2008)
arizctapp
“Courts have limited authority to interfere with a sheriffs duties to maintain and operate the county jails pursuant to the Arizona Constitution and A.R.S. §§ 11-441(5) and 31-101, and then only to determine whether specific constitutional violations exist and in doing so to…”
— Ariz. Rev. Stat. § 11-441(A) — 4 cases
— Ariz. Rev. Stat. § 11-441(A)(1) — 5 cases
State v. Fontes (1998)
arizctapp
“200, § 12, and therefore, Feldstein is not applicable here.”
Carlson v. Pima County (1984)
ariz
“§ 31-121; the Sheriff is charged with keeping the peace, A.R.S. § 11-441(A)(1); and he must “take charge of and keep the county jail and the prisoners therein”, A.”
— Ariz. Rev. Stat. § 11-441(A)(2) — 6 cases
Tenorio-Serrano v. Driscoll (2018)
azd
“Defendants and the United States argue that a number of Arizona statutes authorize the sheriff to comply with ICE detainers ( see Doc. 28 at 9-13; Doc. 41 at 22-24), but none of the statutes appears to support this assertion.”
— Ariz. Rev. Stat. § 11-441(A)(3) — 1 case
— Ariz. Rev. Stat. § 11-441(A)(4) — 5 cases
Trombi v. Donahoe (2009)
arizctapp
“*264 FACTS AND PROCEDURAL HISTORY ¶3 Pursuant to A.R.S. § 11-441(A)(4) (Supp.2008), 1 the sheriff has a mandatory duty to “[ajttend all eom’ts, except justice and municipal courts, when an element of danger is anticipated and attendance is requested by the presiding judge, and…”
Dupnik v. MacDougall (1983)
ariz
“We believe that A.R.S. § 11-441(A)(4) authorizes the superior court to require that the sheriff attend sentencings and take charge of persons sentenced to prison.”
— Ariz. Rev. Stat. § 11-441(A)(4)(1977) — 1 case
— Ariz. Rev. Stat. § 11-441(A)(5) — 14 cases
Arpaio v. Baca (2008)
arizctapp
“Courts have limited authority to interfere with a sheriffs duties to maintain and operate the county jails pursuant to the Arizona Constitution and A.R.S. §§ 11-441(5) and 31-101, and then only to determine whether specific constitutional violations exist and in doing so to…”
Carlson v. Pima County (1984)
ariz
“§ 31-121; the Sheriff is charged with keeping the peace, A.R.S. § 11-441(A)(1); and he must “take charge of and keep the county jail and the prisoners therein”, A.”
Tenorio-Serrano v. Driscoll (2018)
azd
“Defendants and the United States argue that a number of Arizona statutes authorize the sheriff to comply with ICE detainers ( see Doc. 28 at 9-13; Doc. 41 at 22-24), but none of the statutes appears to support this assertion.”
Dupnik v. MacDougall (1983)
ariz
“We believe that A.R.S. § 11-441(A)(4) authorizes the superior court to require that the sheriff attend sentencings and take charge of persons sentenced to prison.”
— Ariz. Rev. Stat. § 11-441(A)(7) — 3 cases
City of Phoenix v. SUPER. COURT, MARICOPA CTY. (1985)
arizctapp
“Since the statute does not direct any specific person to serve orders, the City concludes that only the sheriff may accomplish such service pursuant to the powers given it in A.R.S. § 11-441(A)(7) which provides that the sheriff shall “[s]erve process and notices in the manner…”
— Ariz. Rev. Stat. § 11-441(C) — 2 cases
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