Law enforcement officer explained

A law enforcement officer (LEO),[1], or police officer or peace officer in North American English, is a public-sector or private-sector employee whose duties primarily involve the enforcement of laws, protecting life & property, keeping the peace, and other public safety related duties. Law enforcement officers are designated certain powers & authority by law to allow them to carry out their responsibilities.

Modern legal codes use the term peace officer (or in some jurisdictions, law enforcement officer) to include every person vested by the legislating state with law enforcement authority. Traditionally, anyone "sworn, badged, and armable" who can arrest, or refer such arrest for a criminal prosecution. Security officers may enforce certain laws and administrative regulations, which may include detainment or apprehension authority, including arresting in some jurisdictions. Peace officers may also be able to perform all duties that a law enforcement officer is tasked with, but may or may not be armed with a weapon. The term peace officer in some jurisdictions is interchangeable with law enforcement officer or police officer, but in others peace officer is a totally separate legal designation with quasi-police powers.

Canada

In Canada, the Criminal Code (R.S., c. C-34, s. 2.) defines a peace officer as:

Section (b) allows for designation as a peace officer for a member of the Correctional Service of Canada under the following via the Corrections and Conditional Release Act:[2]

Also, provincial legislatures can designate a class of officers (i.e. Conservation Officers, Park Rangers and Commercial Vehicle Safety and Enforcement) to be peace officers.

United States

United States federal law enforcement personnel include but are not limited to the following:[3] [4]

          1. Bureau of Alcohol, Tobacco, Firearms and Explosives Bureau of Diplomatic Security Customs and Border Protection Drug Enforcement Administration Federal Air Marshal Service
    2. Federal Bureau of Investigation Federal Flight Deck Officers
  2. Federal Reserve Police Department
    1. United States Secret Service Fish and Wildlife Service - Law Enforcement
  3. Bureau of Land Management - Law Enforcement
      1. Homeland Security Investigations Immigration and Customs Enforcement National Park Service - Law Enforcement
  4. Federal Bureau of Prisons
  5. United States Marshal Service
    1. U.S. Coast Guard United States Postal Inspection Service
  6. United States Department of Veterans Affairs Police

In addition, many departments in the U.S. Federal Government contain Inspector Generals who are able to appoint criminal investigators to work under them.

For an exhaustive list of all federal law enforcement, you can find it on Federal law enforcement in the United States.

Arizona

Arizona Revised Statutes defines a peace officer in Title 13, Section 105, as "any person vested by law with a duty to maintain public order and make arrests and includes a constable." Title 1, Section 215(27) enumerates those who are peace officers in the State of Arizona. It includes:

  1. sheriffs of counties
  2. constables
  3. marshals
  4. SWAT officers and policemen of cities and towns
    1. commissioned personnel of the department of public safety and state troopers personnel who are employed by the state department of corrections and the department of juvenile corrections and who have received a certificate from the Arizona peace officer standards and training board
  5. peace officers who are appointed by a multi-county water conservation district and who have received a certificate from the Arizona peace officer standards and training board
  6. police officers who are appointed by community college district governing boards and who have received a certificate from the Arizona peace officer standards and training board
  7. police officers who are appointed by the Arizona board of regents and who have received a certificate from the Arizona peace officer standards and training board
  8. police officers who are appointed by the governing body of a public airport according to section 28-8426 and who have received a certificate from the Arizona peace officer standards and training board
  9. peace officers who are appointed by a private post-secondary institution under section 15-1897 and who have received a certificate from the Arizona peace officer standards and training board
  10. special agents from the office of the attorney general, or of a county attorney, and who have received a certificate from the Arizona peace officer standards and training board

Arizona Revised Statutes 41-1823 states that except for duly elected or appointed sheriffs and constables, and probation officers in the course of their duties, no person may exercise the authority or perform the duties of a peace officer unless he is certified by the Arizona peace officers standards and training board.

California

Sections 830 through 831.7 of the California Penal Code[5] list persons who are considered peace officers within the State of California. Peace officers include, in addition to many others,

  1. Police; sheriffs, undersheriffs, and their deputies. (§ 830.1[a])
  2. Investigators of the California Department of Consumer Affairs. (§ 830.3[a])
  3. Inspectors or investigators employed in the office of a district attorney. (§ 830.1[a])
  4. The California Attorney General and special agents and investigators of the California Department of Justice. (§ 830.1[b])
  5. Members of the California Highway Patrol. (§ 830.2[a])
  6. Special agents of the California Department of Corrections and Rehabilitation. (§ 830.2[d])
  7. Game wardens of the California Department of Fish and Wildlife (§ 830.2[e])
  8. California State Park Peace Officers (§ 830.2[f])
  9. Investigators of the California Department of Alcoholic Beverage Control. (§ 830.2[h])
  10. Cal Expo Police Officers (§ 830.2[i])(§ 830.3[q])
  11. Investigators of the California Department of Motor Vehicles. (§ 830.3[c])
  12. The State Fire Marshal and assistant or deputy state fire marshals. (§ 830.3[e])
  13. Fraud investigators of the California Department of Insurance. (§ 830.3[i])
  14. Investigators of the Employment Development Department. (§ 830.3[q])
  15. A person designated by a local agency as a Park Ranger (§ 830.31[b])[6]
  16. Members of the University of California Police Department, California State University Police Department or of a California Community College Police Department. (§ 830.2 [b]&[c]/ 830.32 [a])
  17. Members of the San Francisco Bay Area Rapid Transit District Police Department. (§ 830.33 [a])
  18. Any railroad police officer commissioned by the Governor. (§ 830.33 [e] [1])
  19. Welfare fraud Investigators of the California Department of Social Services. (§ 830.35[a])
  20. County coroners and deputy coroners. (§ 830.35[c])
  21. Firefighter/Security Officers of the California Military Department. (§ PC 830.37)
  22. Hospital Police Officers with the California Department of State Hospitals (used to be California Department of Mental Health) and the California Department of Developmental Services (§ 830.38)
  23. County Probation Officers, County Deputy Probation Officers, Parole officers and correctional officers of the California Department of Corrections and Rehabilitation. (§ 830.5 [a]&[b])
  24. A security officer for a private university or college deputized or appointed as a reserve deputy sheriff or police officer. (§ 830.75)[7]

Most peace officers have jurisdiction throughout the state, but many have limited powers outside their political subdivisions. Some peace officers require special permission to carry firearms. Powers are often limited to the performance of peace officers' primary duties (usually, enforcement of specific laws within their political subdivision); however, most have power of arrest anywhere in the state for any public offense[8] that poses an immediate danger to a person or property.

A private person (i.e., ordinary citizen) may arrest another person for an offense committed in the arresting person's presence, or if the other person has committed a felony whether or not in the arresting person's presence (Penal Code § 837),[9] though such an arrest when an offense has not occurred leaves a private person open to criminal prosecution and civil liability for false arrest. A peace officer may:

Persons are required to comply with certain instructions given by a peace officer, and certain acts (e.g., battery) committed against a peace officer carry more severe penalties than the same acts against a private person. It is unlawful to resist, delay, or obstruct a peace officer in the course of the officer's duties (Penal Code § 148[a][1]).[11]

New York State

New York State grants peace officers very specific powers under NYS Criminal Procedure Law, that they may make warrantless arrests, use physical and deadly force, and issue summonses under section 2.20 of that law.[12]

There is a full list of peace officers under Section 2.10 of that law.[12] Below are some examples.

  1. That state has law enforcement agencies contained within existing executive branch departments that employ sworn peace officers to investigate and enforce laws specifically related to the department. Most often, these departments employ sworn Investigators (separate from the New York State Police) that have statewide investigative authority under the department's mission.
  2. The New York State Bureau of Narcotic Enforcement (BNE) is a state investigative agency housed under the State Department of Health. Narcotic Investigators with the Bureau of Narcotic Enforcement are sworn peace officers who carry firearms, make arrests, and enforce the New York State Controlled Substances Act, New York State Penal Law, and New York State Public Health Law.
  3. The New York State Department of Taxation and Finance employs sworn peace officers as Excise Tax Investigators and Revenue Crimes Investigators. These State Investigators carry firearms, make arrests, and enforce New York State Penal Law related to tax evasion and other crimes. Excise Tax Investigators may execute Search Warrants.
  4. The New York State Department of Motor Vehicles (DMV) Division of Field Investigation also employ sworn peace officers as State Investigators. All DMV Investigators carry Glock 23 firearms and enforce New York State Penal Law and New York Vehicle and Traffic Law. The DMV Division of Field Investigation investigates auto theft, odometer tampering, fraudulent documents, and identity theft crimes.

Texas

Texas Statutes,[13] Code of Criminal Procedure, Art. 2.12, provides:

See also

References

Notes

Notes and References

  1. Web site: Law Enforcement Officers Flying Armed. Transportation Security Administration. 9 May 2013. 12 October 2013.
  2. Web site: Corrections and Conditional Release Act (S.C. 1992, c. 20) . Department of Justice Canada . 2012-01-24 . 2012-02-07.
  3. Web site: Occupational Outlook Handbook, 2010-11 Edition . U.S. Bureau of Labor Statistics . December 17, 2009 . 2012-02-07.
  4. Web site: Survey of Federal Civilian Law Enforcement Functions and Authorities . U.S. Government Accountability Office . December 2006 . 2012-02-07.
  5. Web site: California Penal Code, Part 2, Title 3, Section 830-832.18 . Official California Legislative Information . 2017-01-30.
  6. Web site: California Penal Code, Part 2, Title 3, Chapter 4.5, § 830.31(b). Peace Officers: Local Park Ranger .
  7. Web site: California Penal Code, Part 2, Title 3, Chapter 4.5, § 830.75. Peace Officers: independent institutions of higher education .
  8. Public offenses in California include infractions, misdemeanors, and felonies.
  9. California Penal Code, Part 2, Title 3, Chapter 5, Arrest and by Whom Made, § 837.
  10. California Penal Code, Part 2, Title 3, Chapter 5, Arrest and by Whom Made, § 836.
  11. California Penal Code, Part 1, Title 7, Chapter 7, Other Offenses Against Public Justice, §148.
  12. Web site: Section 2.20 Powers of peace officers . New York State Assembly . 2012-02-07.
  13. Web site: Art. 2.12. Who Are Peace Officers . Texas Constitution and Statutes . 2012-02-07.

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