Some people have ‘argued’ that the Sheriff in our nation holds a special role. The court in Delaware found that historically speaking the role was in support of the court and involved the delivery of subpoenas and other administrative work. Any law enforcement roles were merely incidental. A good historical overview is given of the role of the Sheriff.
Because the common law arrest power of a sheriff was not fundamental, but was merely incidental, to his role as a “conservator of the peace” when the 1776, 1792, 1831, and 1897 Delaware Constitutions were adopted, the arrest power can be modified or even eliminated by statute. Therefore, the judgment of the Superior Court is affirmed on that basis.
Source: Christopher v Sussex County, decided, October 7, 2013