colorado investigation fbi kidnapping
Who investigates the Kidnapped Sheriff?
<p>Assume the mob kidnaps the sheriff of a county of Colorado (<a href="https://www.law.cornell.edu/uscode/text/18/351" rel="nofollow noreferrer">18 USC 351</a> does not apply to the Sheriff, right?) and they never cross the state border. During the kidnapping, the mob's enforcers wound a deputy of the sheriff, but he survives (so <a href="https://www.law.cornell.edu/uscode/text/28/540" rel="nofollow noreferrer">28 USC 540</a> doesn't apply, right?).</p>
<p>Who is responsible for investigating this: FBI, Colorado State Police, or the Sheriff's department?</p>

<p>Because kidnapping is a violation of state law, the Colorado Bureau of Investigation would have <a href="http://24-33.5-409" rel="noreferrer">jurisdiction to investigate</a>. Assuming the crime occurred in the sheriff's home county, <a href="https://codes.findlaw.com/co/title-30-government-county/co-rev-st-sect-30-10-505.html" rel="noreferrer">the undersheriff</a> would take over and could also investigate.</p>
<p>And if the sheriff is missing for more than 24 hours, federal law assumes that he was kidnapped <a href="https://www.law.cornell.edu/uscode/text/18/1201" rel="noreferrer">using the instrumentalities of state commerce</a>, giving the FBI jurisdiction to investigate, as well. Even before 24 hours, the fact that the mob acts as part of a criminal enterprise with an effect on interstate commerce, would also give the FBI jurisdiction to investigate under <a href="https://www.law.cornell.edu/uscode/text/18/part-I/chapter-96" rel="noreferrer">RICO</a>.</p>

<p>The FBI doesn't sit around waiting for other agencies to prove beyond a reasonable doubt that the FBI has jurisdiction.   The FBI is allowed to be proactive: they have every right to investigate <em>whether</em> a case falls in their jurisdiction.  Of course, that involves the same sleuthing needed to solve the case itself.</p>
<p>As an example, the FBI did respond to the <a href="https://www.boston.com/news/local-news/2017/01/31/looking-back-at-the-boston-mooninite-panic-10-years-later" rel="nofollow noreferrer">2007 Boston Mooninite Invasion</a>... They turned out not to be a crime in the FBI's jurisdiction, or even a crime of any size at all.</p>
