Peace Officers

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Here as long as they are certified and have arrest powers they qualify as "peace officers" main thing is they are certified and have the power to take you into custody. If not then they are security guards. Rail police qualify also Phila Housing Police, NY Transit, the NY "animal police", College police, Game Wardens, Park Rangers etc
 
In NC police officers, highway patrol, sheriff's deputies, wildlife officers, marine fisheries and SBI officers all have powers of arrest. DOC probation officers can arrest for parole violations but are not considered LEO's and are not certified LEO's. Security guards are not LEO's and cannot detain or arrest anyone.
 
Fire marshals can also be peace officers.

There was recently in Houston an incident where a woman was arrested by a fire marshal in a Walmart as TS Edouard approached, for dropping the F-bomb in a public place.
 
I think it depends on your location. Here in Michigan there has already been an AG opinion stating that unless they are employed by the agency, and have the same powers as a regular police officer, then they do not fit the legal definition of "peace officers". Michigan has a reserve county sheriff program, and they are not "peace officers", unless the county employees them and grants them police powers. Otherwise, they are no different that the average citizen.
 
B. D. Turner said:
Security guards are not LEO's and cannot detain or arrest anyone.
I respectfully disagree. In most states (with the possible exception of North Carolina) anyone, including security guards, can make what common law calls a "citizen's arrest."

In North Carolina, although there is no statutory provision for citizen's arrest, non LEOs, including security guards, can still lawfully detain a person. The difference between detention and arrest is that a person merely detained may not be transported from the place of his detention without his permission. That can only be done if the person is under arrest, and in North Carolina that can only be done by a LEO who is in his own jurisdiction. :)
 
Every state is different. Most states have a dizzying array of government and some non-governmental employees who have some quasi LEO status.

A few (mostly southern) states grant at least some security guards limited LE powers.

A few that come to mind.

auxiliary police
special police
reserve police
corrections officers (mostly not LEO, but some seem to be as defined by HR218)
deputy sheriffs (some are LEO, some are not)
constable
game warden
DA's investigators
gaming commission investigators
arson investigators
probation and parole officers
coroner's investigators
railroad police
 
In VA, State Certified, Armed Security Officers have powers of arrest, within the geographic boundaries of the property that they are assigned to. Unarmed do not, however they may legally detain someone, including the use of cuffs, for the police. There are also proprietary officers who, are not required to have state mandated training, and cannot make an arrest, armed or not. They do have to have a State certified compliance Agent on call at all times though. There are other people who are certified as Peace Officers, but I don't know what the requirements are for that qualification or what there arrest powers are.
 
In many States, Game Wardens actually have more power. They don't need a search warrant in some states. Some sheriff's dept's and police forces used to abuse this power by getting a GW to accompany them when they wanted to enter and didn't have a search warrant. This doesn't happen anymore.
 
In Oklahoma, along with game wardens and park rangers, another unexpected law enforcement agency is the tribal police or marshals from indian tribes.

Oh, and that is on and off tribal lands.
 
Interesting, here in Oregon, every citizen is a "peace officer", due to the fact that we can make a citizens arrest on anybody we see doing anything illegal. I should buy a pair of handcuffs....
 
I think it depends on your location. Here in Michigan there has already been an AG opinion stating that unless they are employed by the agency, and have the same powers as a regular police officer, then they do not fit the legal definition of "peace officers". Michigan has a reserve county sheriff program, and they are not "peace officers", unless the county employees them and grants them police powers. Otherwise, they are no different that the average citizen.

Right - except when on duty.

Michigan Special Deputies are Officially Sworn in by the Sheriff of the department they volunteer for.

While on Duty a Special Deputy recieves police powers from the fulltime deputy they are working with.......They can detain and arrest and exact any other police power or investigation upon instruction from the FT deputy.

Michigan Special Deputies are "Sworn Law Enforcement Officers" while on duty.

Special Deputies have also recently been added to the list of individuals who will be exempt from Gun Free Zones that most "citizens" are retricted from on their CPL.
 
Reference the Railroad Police: There is a federal law granting RR police full police powers in any state that their employing railroad operates in. It was pushed by Amtrak about 25 years ago, and made it through the congress and was signed into law by Reagan. Note that the employing railroad does not have to own property or have trackage in a state for a RR police officer to have authority there. The railroad only has to "operate" in that state.
I worked for a railroad in New Jersey that operated in New York and Pennsylvania also, and all of our officers, even though they were only commissioned in NJ, had authority in NY and PA.
Also, most states grant railroad police statewide authority, whether they are on railroad property or not.
 
Good grief! Someone post the Kentuck statute quick or we'll go through 49 states!

Well, here in CT.... :D

I found this for KY:

http://ag.ky.gov/NR/rdonlyres/2A921576-40C7-4FAC-9247-D0ED328A431D/0/OAG9530.htm

In part, it says:

OPINION OF THE ATTORNEY GENERAL

The following questions, in substance, have been presented:

1. May Special Agents and Refuge Officers of the U. S. Fish and Wildlife Service in Kentucky take enforcement action concerning state offenses (assault, driving under the influence, escaped prisoners, possession of narcotics, robbery, stolen vehicles), either as "peace officers" under Kentucky law, or under "citizen's arrest" authority?

2. Do Wildlife Officers of the Kentucky Department of Fish and Wildlife Resources have "peace officer" status for purposes of enforcing non-wildlife crimes?

In our view, based upon the reasoning set forth below, agents and refuge officers of the U. S. Fish and Wildlife Service are not "peace officers" within the meaning of Kentucky law so as to be authorized to make arrests or issue citations as "peace officers" for violations of state laws. On the other hand, agents and refuge officers of the Service may make a "citizen's arrest" where there is strict conformity with the Kentucky statute authorizing such an arrest. Wildlife officers (Conservation Officers) of the Kentucky Department of Fish and Wildlife Resources have the status of "peace officers" under Kentucky law, and thus have the authority to enforce non-wildlife crimes under Kentucky law in accordance with the statutes of this state.
 
"In NC police officers, highway patrol, sheriff's deputies, wildlife officers, marine fisheries and SBI officers all have powers of arrest. DOC probation officers can arrest for parole violations but are not considered LEO's and are not certified LEO's. Security guards are not LEO's and cannot detain or arrest anyone."

BD, you are wrong when it comes to security officers. The can and will detain (handcuffs). Don't want the wrong information being put out there.
 
There are some Security Officer employed by some federal agencies that while on duty have powers of arrest. The "special" deptuy marshalls who work at federal courthouses are mostly contracted security guards and while on duty they can arrest a person. The US State Department uniformed security force that protects stateside properties can arrest a person just like their Special Agent counterparts in DS. It comes down to who employes the security, a government agency can authorize the powers of arrest. Some federal agencies just call their security force a police department when it is really a glorified security department; FBI Police, Treasury Police, Mint Police.
 
Got credentials, badge, gun, and statutory arrest authority for violating laws you're tasked to enforce by a governmental entity? Then you are, generically speaking, what most consider a peace officer; peace officer being a commonly used synonym for law enforcement officer. (The standard laid forth in LEOSA is a good bench mark.)

But, but... MY state defines it as... So? Your state regularly recognized folks outside whatever that narrow definition entails; I guarantee it.
 
Security officer detention

Is a touchy subject (no pun intended). For example, most, if not all states, have shoplifting laws which allow a merchant or its agents (store security) to detain someone they have probable cause to believe has shoplifted.

I suspect that the states that have special statutes for security officers probably give them the same authority, with some even giving them more powers, as discussed above.

However, few if any states make it unlawful to resist or obstruct an "arrest" or detention by security officers, so it becomes more of a matter of "ability" to detain vs. "authority." So, if an innocent person has been wrongfully detained, they generally are able to do this :neener: and walk away, and even use physical force to prevent their detention, with impunity.

In most states, game wardens have statewide authority, like state police. There are also some administrative agencies that may have been granted LEO-style authority to search, seize and detain. Think of health inspectors, building/safety inspectors, etc. Rare, but it happens.

Just my .02 - keep the change.
 
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