Will I be a Constitutional Sheriff?







Will I be a Constitutional Sheriff?

“My Creed”

By

Brian Kozak


Everyday someone asks if I will be a “constitutional sheriff”. Initially, I did not understand why I would be asked this since I have always sworn an oath to defend and protect the Constitution. However, in our current environment, with a perceived overreach by the federal government, people look to the Sheriff to protect their right to liberty. I now understand and welcome the question. I will answer by first explaining the reason for my career long passion to protect the Constitution and then provide specific examples of what I would do, as Sheriff, to protect your rights in today’s environment.

The most famous “constitutional sheriffs” came from Arizona, where I first became a police officer. Arizona law enforcement training places a high priority on constitutional policing. As a rookie cop in the academy, I was trained that the U.S. Constitution is the supreme law of the land and the basis of all police action. In fact, I maintained and value my academy notes from this class, which I have attached to this document. This class was only an introduction to more advanced training involving the 4th, 5th, and 6th Amendments, which police leaders must be experienced with. I spent 22 years with the Mesa, Arizona Police Department, which placed a high priority on leadership training with a focus on constitutional policing. The agency has produced more successful police chiefs, who are serving across the United States, than any other police department in America because of the rooted priority on constitutional leadership.


I have always defended the U.S. Constitution. In fact, criminals have tried to kill me because of my defense of the Constitution; I have been shot at, punched in the face, and rolled around in the middle of the street fighting over a gun to defend the rights of good citizens. I swore an oath and will give my life to protect liberty. After retiring from the Mesa, AZ Police Department, I was recruited to lead the police departments in Avon, CO and Cheyenne, WY; to engage the public and improve trust. To earn the trust of our citizens we must ensure that our deputies and officers are placing the highest priority on the Constitution. Therefore, I require employees to have continuous training on U.S. Supreme Court case law, use of force simulator training and policing best practices. I only promote supervisors who can coach employees and hold them accountable to these high standards. We cannot afford to make mistakes when citizens count on us to protect their rights. Hence, you need a sheriff who has a high level of constitutional policing experience.

I believe a law enforcement leader must be willing to sacrifice his or her job to do what is right. The benefit of Sheriff is he or she works directly for the citizens and should always put public safety before politics. Therefore, if elected Sheriff, I will look to the 10th Amendment for guidance, which require powers not delegated to the United States by the Constitution to be reserved to the states. This means, as the Sheriff, I (including my deputies) will never enforce any federal law or executive order unless the State of Wyoming has adopted the same law and it meets the constitutional muster. For example:


1) I will always work directly for the people of Laramie County.

a) As the only elected law enforcement official in the County, I will work for the community. I will always collaborate with other state and local leaders; however, I will make public safety decisions that are best for the residents of Laramie County.

2) I will protect the 4th Amendment’s mandate to use reasonable force.

a) A sheriff will oversee this constitutional requirement more than any other. As sheriff, I will ensure the employees have the best training and oversite to allow them to do their jobs safely and reasonably. In 35 years of policing, I have never successfully been sued because I place a high value on constitutional policing. The community cannot afford to have a novice as sheriff since mistakes will be costly, financially and by the loss of life.

3) I will never enforce a federally mandated mask requirement.

a) Property owners and businesses have the right to implement rules on their property. The Sheriff’s Office will not enforce these rules except to assist the owner with criminal trespassing violations only after the property owner has attempted to escort the person off the premises.

b) I believe there may be a benefit in masking to reduce the spread of disease if it is done properly; however, it should be the decision of the property owner and not the federal government.

4) I will never enforce a vaccine madidate. In fact, I will never allow anyone to physically force someone to take a vaccine. I will stand to protect people and their liberties.

a) Despite my belief that vaccination should be a personal decision, businesses have required vaccination as a condition of employment. This is a civil issue the sheriff should not become involved in unless addressed by our State or Supreme Court.

5) I will not enforce any 2nd Amendment restriction or presidential executive order passed after July 1st, 2020, nor will I allow any such violations to be booked into the jail.

a) I will never allow the United States to seize firearms from law abiding citizens.

6) I will never allow the seizure of your property by the United States unless there has been due process and a court order, or the seizure is related to a criminal investigation and the rules of evidence have been adhered to.


Some “constitutional sheriffs” believe the Sheriff should never assist federal law enforcement agencies. I do not agree, and I will work with them to apprehend violent offenders who are wanted on crimes, which are illegal under Wyoming law. I have always had a good relationship with our federal law enforcement officers and will continue to work with them to stop human trafficking, narcotic distribution, kidnapping and other serious crimes. A few “constitutional sheriffs” do not believe in traffic safety or traffic enforcement. I also disagree with this; I will direct deputies to promote traffic safety on school bus routes, at school zones, and in our neighborhoods. Most residents are concerned about traffic safety, and it is our responsibility to make our streets safer.


I have outlined the type of Sheriff I will be and the type of constitutional police leader I have been. Protecting the U.S. Constitution is my creed. I will have risked by life to defend it and will continue to do so as your Sheriff. I believe in liberty and the right to be left alone if someone else’s rights are not interfered with.



Handwritten Notes for Constitution Class
.pdf
Download PDF • 1.87MB

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