LAW ENFORCEMENT

The Sheriff and three other elected county officials -- coroners, jailers and constables -- are peace officers, possessing law enforcement powers (KRS 446.010).

These powers include a broad grant of authority to make arrest. Under the authority of KRS 431.005, any Sheriff or deputy sheriff may make an arrest:

In obedience to a warrant;

Without a warrant when a felony is committed in his presence;

Without a warrant when he has probable cause to believe the person arrested has committed a felony;

Without a warrant when a misdemeanor, defined in KRS 431.060 has been committed in his presence; or

Without a warrant when harassment, criminal trespass in the 3rd degree and certain traffic violations are committed in his presence, or if he has probable cause to believe that a person is driving under the influence of alcohol or any other substance which may impair his driving ability.

Without a warrant in certain domestic violence situations

70.077 Breaking and entering buildings to execute process.
A sheriff having an order of attachment, or for the delivery of property, may enter any
building or inclosure containing the property, to take it; and, if necessary for this purpose,
may break the building or inclosure, having first publicly demanded the property.
Effective: July 1, 1953

70.078 Breaking and entering buildings to execute order of arrest.
A sheriff having an order of arrest may enter any house or inclosure in which the party to
be arrested may be, to arrest him; and, if necessary for this purpose, may break the house
or inclosure, having informed any person therein of his object; or, if no person appear to
whom such information can be given, after having publicly demanded the person to be
arrested; and, in either case, after having given sufficient time for the house or inclosure
to be opened.
Effective: July 1, 1953

70.180 Breaking and entering for purpose of executing writs.
(1) A sheriff or other officer may, in the execution of a writ of habere facias
possessionem, or writ of seizin, break open either the outer or inner door of a
dwelling or any other house on the premises, during the daytime.
(2) If the outer door of the dwelling house in which the defendant's property is located
is fastened, the sheriff or other officer levying a fieri facias shall not break open the
outer door to seize the property. But if the outer door is open, the officer may enter
and may break open any inner door to enable him to reach the property. He may
break open the outer door of any building other than the dwelling house of the
defendant in the execution, to enable him to seize the defendant's property during
the daytime.
(3) The sheriff or other officer may break open the outer or any other door of the
dwelling or any other house of a third person in which the property of the defendant
in the execution is fraudulently concealed or kept.
(4) In executing any other civil process, the sheriff or other officer has the same power
to break and enter the dwelling or other house of any person, as he has to seize
property under execution.
(5) In executing a writ of habeas corpus or any criminal or penal process requiring an
actual arrest, the sheriff or other officer may break open any door of the dwelling or
other house of the defendant, or any other person, if it is necessary to enable him to
make the arrest.
(6) But if the process does not require an arrest, then the officer has only the powers
given him in the execution of civil process.
Effective: October 1, 1942

70.150 Sheriff to patrol roads -- Record of accidents.
(1) The sheriff of each county and his deputies shall patrol all public roads in his
county, and direct, regulate and control the traffic on such roads so as to maintain a
maximum degree of safety.
(2) He shall, as soon as possible, after receiving information of their occurrence,
investigate all accidents and wrecks occurring upon the roads. When possible, he
shall determine the position of each of the vehicles connected therewith
immediately before and after each accident or wreck. Where accidents or wrecks
appear to have been made by the vehicles or by the parties owning, operating or
occupying the vehicles at the time of the accident or wreck, he shall make a record
of the measurement, direction and location of all tracks and visible impressions
made on and about the road that have a tendency to disclose the cause of the
accident. He shall make a record in his office of his observations and findings. He
shall ascertain, if possible, the license number of each of the vehicles connected
therewith, the number of each engine and the make of each vehicle, the name of the
state, territory, district, department and county issuing the license, the name and
address of the owner or operator of the vehicle, the name and address of each
occupant of the vehicles, the name and address of each witness, and the name and
address of each person who immediately thereafter came upon the ground or who
saw evidence of the position of the vehicles immediately before or after the accident
or wreck, or who heard a statement made by the parties owning or occupying either
vehicle as to how or who caused the accident or wreck.
(3) When any person is wounded or killed, or there is reason to believe that criminal
negligence or carelessness was the cause of the accident or wreck, the officer
making the inspection, shall take affidavits or statements from all witnesses who
have information of incriminating facts connected therewith. For the purpose of
securing affidavits or statements, each sheriff and deputy may upon his own
initiative, issue and serve a subpoena upon witnesses requiring them to testify, and
may administer an oath to each witness before testifying, and may reduce the
testimony to writing. The sheriff shall return the affidavits and statements, together
with a report in writing of all information required, to the county attorney and a
duplicate of the report and statements or affidavits to the circuit clerk for
submission to the grand jury next to be convened in his county.
Effective: October 1, 1942

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