peace officers in general


Message posted by scott on July 22, 2001 at 9:38:04 PST:

Having been a duly sworn Deputy Sheriff in California, this is what you need to know.
First, the definition of a peace officer.
There a many types, a sheriff has different powers than a school or university officer.
Railroad police, transit police, fire marshalls, housing authority police, code/zoning enforcment have powers too, along with special tax districts such as a large housing area like Rancho Murieta in Sacramento area.

The reason is they all have different jurisdicitons. Then you have a catch-all phrase "all crimes committed in their presence" that allows them to get around the jurisdiction problem.
i.e., a school cop can cite you for speeding in a school zone, but not on a freeway, but, it is "in their presence", so they legally can cite (but probably won't).

Can the Cammo Dudes be officers? Look it up in the Nevada State penal code. There should be a section regarding the definition of a peace officer, which may spell out them by name, geographic area or by a phrase.

Like "Persons performing security funcitons in and around the Tonopah Test Range or Nevada Test site" or, Security Officers of EG&G performing security functions, etc. Or "Those persons duly sworn by the local jurisdiction during the course or performance of their duties".

There should also be a descritption of their boundaries and jurisdiction. I'll be back there again in August, I'll go to a bookstore and review the peanl code if I can't find it online first.

Now, if they are sworn by the local jurisdiction, they should have their names on file as it's public information (their addresses probably won't be though), also what (and WHERE) they can and can't do (or BE), otherwise you'll never be in violation of the law if you fail to stop.

Also the "Citizens Arrest" (sometimes called posse comitatus) statute would be of vital importance to this discussion, as it varies from state to state.

Personally I think that if you crossed the boundary, then went back on public land before they could get to you, you'd probably not get stopped, only because they'd have to draw a weapon to stop you. At that point they'd be in violation of brandishing a weapon and subject to arrest, because they aren't in charge of the land they stopped you on. (Which is why the Penal Code is going to be a MUST)

Also, when it comes to deadly force, yes they are authorized (just like the hundreds of thousands of peace officers in the U.S.), but realistically, they can't shoot you in the back for driving down Groom Lake road and failing to stop because you accident;y wnet a few hundered feet onto their property. Get real.

It get's real technical, but I know a lot of officers who have had their ass chewed or last big cases (and sometimes their job) because they weren't aware of their jusrisdiction.


In Reply to: emergeny lights vehicle code for Nevada posted by gary on July 19, 2001 at 10:32:01 PST:

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