800
Ginsburg, J., dissenting
Traditionally, Alabama sheriffs have had autonomy to formulate and execute law enforcement policy within the geographic confines of their counties. Under Alabama law, "[i]t shall be the duty of sheriffs in their respective counties . . . to ferret out crime, to apprehend and arrest criminals and . . . to secure evidence of crimes." Ala. Code § 36-22-3(4) (1991) (emphasis added); see also Ala. Code § 15-6-1 (1995) ("The sheriff is the principal conservator of the peace in his county, and it is his duty to suppress riots, unlawful assemblies and affrays. In the execution of such duty, he may summon to his aid as many of the men of his county as he thinks proper." (emphasis added)); § 15-10-1 (sheriffs may make arrests "within their respective counties").
Monroe County pays Sheriff Tate's salary, see Ala. Code § 36-22-16(a) (1991) (sheriffs shall be paid "out of the county treasury as the salaries of other county employees are paid"), and the sheriff operates out of an office provided, furnished, and equipped by the county, see § 36-22-18. The obligation to fully equip the sheriff is substantial, requiring a county commission to "furnish the sheriff with the necessary quarters, books, stationery, office equipment, supplies, postage and other conveniences and equipment, including automobiles and necessary repairs, maintenance and all expenses incidental thereto." Ibid. These obligations are of practical importance, for they mean that purse strings can be pulled at the county level; a county is obliged to provide a sheriff only what is "reasonably needed for the proper and efficient conduct of the affairs of the sheriff's office," ibid. (emphasis added). How generously the sheriff will be equipped is likely to influence that officer's day-to-day conduct to a greater extent than the remote prospect of impeachment. See ibid.; see also Geneva Cty. Comm'n v. Tice, 578 So. 2d 1070, 1075 (Ala. 1991) (county may reasonably limit budget for overtime pay for sheriff's deputies); Ala. Code § 36-22-16(a) (1991) (sheriff's salary, paid by county, may be
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