Okanogan County Sheriff Paul Budrow took people’s questions May 10 in a “Coffee With the Sheriff” session at the Twisp Grange. Most of the questions centered around immigration, drug enforcement, and the meaning of a “constitutional sheriff.”
Budrow told MVE he does plan to run for county sheriff next year if he is all clear health-wise. Budrow had been diagnosed with leukemia, for which he continues to receive monthly treatment.
Role of Constitutional Sheriff
Budrow made clear he would not enforce any law that violated the U.S. Constitution, saying he took an oath to the U.S. Constitution, Washington State Constitution, and law of the State of Washington, in that order. He explained the nuances that come with enforcing laws that might contradict one another.
“As a police officer, as a police chief, I’m governed by the laws of the state of Washington. I can get in trouble for not enforcing something that the legislature has passed, whether I believe in it or not,” he said.
“If it’s bad law and it violates the United States Constitution or the Washington State Constitution, I’m governed to protect the Constitution and your civil rights. I am not allowed to violate your civil rights. I could be sued for allowing that to happen,” he explained.
“As the sheriff, I am the supreme law of the land of Okanogan County. The law has to go through me. I have to either say yes or no to the law.”
Budrow said discrepancies in the law most often come up on the issue of gun rights. Budrow said he would not enforce legislation passed in Olympia that conflicts with the state or U.S. Constitution. He said this also applies to freedom of speech, including any calls to prohibit demonstrations in Twisp.
“If you read our Constitution, any law made that is in violation of a Constitution or is egregious to the people cannot be a law. And that’s where I’m laying my hat.”
Budrow expressed concern about recent bills introduced in Olympia, which did not pass, that would allow decertification of elected sheriffs against the will of the people. He expressed concern about sheriffs being appointed rather than elected, as has occurred in King County.
“The state legislature just tried to pull the sheriff’s elected position out of the voters, away from the voters because they know we’re the only ones that can fight them right now. Once they do that, pull me out of the Constitution, we’re screwed. Nobody else can fight them,” said Budrow.
“We have to have one person in our world, in our county, who can stand up for the citizens across the board,” he added. “If they try to take away your civil rights, your ability to go protest, your ability to speak out, your ability to have due process, I will fight every single one of them, and if that’s not what you want, then don’t vote for me, because I’m telling you, that’s what I’m going to do.”
Immigration
Budrow acknowledged that he works with ICE and Border Patrol and that he supports due process for citizens and noncitizens.
“There will be due process. That is part of our judicial system. It has to happen,” he said.
Budrow said undocumented persons who have not committed a crime should not worry about being arrested by the sheriff’s office because his department is not allowed to ask about immigration status. However, federal agencies can ask about immigration status. If an undocumented person is in the company of someone who police have probable cause committed a crime, ICE or Border Patrol can arrest the alleged criminal and everyone present who is undocumented.
“If they are just a regular migrant who is here to work in the fields, they shouldn’t be scared unless they’re hanging out with somebody who is on the criminal side, because then they’re going to be caught up in that little net,” said Budrow.
Budrow clarified that probable cause, not a warrant, is required to arrest someone. ICE can only keep someone in the county jail for 48 hours before they must appear before a judge.
One woman asked if she could provide shelter for an undocumented person. Budrow said she could unless that person was involved in criminal activity. Harboring a fugitive is against the law, he said, but entering someone’s house requires a warrant.
“We’re not going to break into your house just because. We will write a warrant, at least I know my guys will. I can’t talk about the feds at this point.”
Big County, Young Police Force
Budrow said he has a young police force that is being mentored as they take on additional duties like detective work because there is only one detective in the county.
“We’re a very poor county for the size of our county. Understand that if somebody calls in a complaint in Wauconda and I have to go from here, that’s a three hour drive.”
Budrow said in some larger cities, reporting parties submit paperwork by phone because it’s not worth police’s time.
“We’re not there yet. We haven’t gotten to that point, and I will try my darndest to keep that from happening while I’m your county sheriff,” said Budrow.
Budrow said he was not made aware of a threat posted on social media by an LBHS student in February against demonstrators in Twisp until three weeks after the event. Budrow said his department would have responded if he had known earlier, but three weeks after a threat, it is no longer deemed serious because it lacks immediacy.
Narcotics Task Force in Jeopardy
Budrow said grant money that for a long time has been allocated to the North Central Washington Narcotics Task Force, which works with Border Patrol and a deputy from the Tribal Police, was transferred to a new outreach program in the county, leaving the task force with zero funding for the next fiscal year, which begins July 1. Budrow said the task force can survive for one more year because of money set aside in prior years. Without additional funding, it would have to be shut down.
“The Narcotics Task Force is under attack. I don’t understand how our legislature works anymore, because they do not bring in common sense into their thinking,” said Budrow. “This is 100% passion for me.”
Budrow said the county is losing poeple to overdoses at an “astronomical rate.” With the availability of Narcan, users are relying on each other to administer it if they overdose.
“They’re using a little higher dose because their buddy next to them is supposed to save them. That’s not happening because they’re not paying attention,” said Budrow.
Budrow said his hands are tied with regard to any action on the three drug houses he is aware of in Methow Valley. State law prevents law enforcement from arresting people for drug use. Law enforcement cannot conduct video surveillance outside of a suspected drug house and they cannot profile a person. As a result, they cannot obtain a search warrant for a suspected drug house.
“We’re not allowed to arrest the user, which means we can’t get to the dealers very well,” said Budrow.
Even if someone is high on drugs, law enforcement cannot approach that person or ask about their use of drugs to make a referral for rehab. The only avenue for contact becomes jail following a criminal activity associated with drug use, such as theft.
There have been nine overdose deaths in Okanogan County so far this year, four of them in Methow Valley and one on Loup Loup, according to County Coroner Dave Rodriguez.
“The task force may go away, and if it goes away, our death rate is going to go through the roof, because we don’t have any ability to stop the bad guys,” said Budrow.
“We’re looking at grants, we’re looking at everything. I am hitting the road hard trying to find funding for that task force,” he added.
In response to a question about how people could help the sheriff’s office combat illegal drugs, Budrow responded, “Next legislative session, contact the legislators. You don’t need to contact our legislators. Our seventh district is phenomenal. Shelley Short is phenomenal. We need to convince the other side, all the ones that are on the “wet side” and say, “Hey, you’re writing these laws to these laws in Seattle, King County. We’re a frontier over here. We need different type of help.”
Federal and State Overreach
Several constituents expressed concern about what they see as state and federal overreach. One constituent pointed to HB 1531, which became law April 1 this year. It allows the state health department to implement “scientifically proven measures” with regard to communicable diseases without interference from state legislators. Although the bill does not specifically require vaccine mandates, the constituent expressed concern about how this would be implemented in light of prior mask mandates and vaccine passports.
Budrow affirmed the right of private businesses to set their own rules with regard to masks, saying he and other sheriffs did not enforce mask mandates in private businesses during COVID.
“We’re not going to enforce that because that’s your own personal business,” he said while noting that the health department can fine businesses, as they did with Hank’s, for not complying.
Budrow said there is federal precedent protecting individuals from vaccine mandates.
“That’s already been found illegal from the last go round,” he said. “It may not have been found illegal here, but it’s a federal law now that it’s illegal. You cannot force somebody to take a jab.”
Another constituent said, “I have the distinct feeling that the federal government is big and strong, and I can see them coming in and just ignoring what you think and what you care about.”
Budrow said there is an understanding among federal law enforcement and the Okanogan County Sheriff’s office that the latter needs to be notified when the former is conducting business in the county. Budrow said he does not foresee a problem, but if federal law enforcement begins infringing on civil rights en masse, he would call up reserve officers (currently the coroner and his deputy) and, if the situation necessitates it, a posse.
“We’ll go down with a fight,” Budrow responded.
Only the courts have the authority to determine whether a law is unconstitutional not the sheriff!!!