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I heard the law changed in relation to Federal Officers and Agents and their status as peace officers in CA.....is this true? I heard the law was inclusive of them in terms of being peace officers in CA now? Is this correct? Looking for the link. ANY help would be appreciated.
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No. There has been no change in the peace officer statutes.
Please refer to Penal Code section 830.8 for a discussion of federal LEOs in California. The statute specifically provides that they are not "peace officers" but are provided the arrest and emergency detention powers of a California peace officer in specified circumstances.
Please also note that the terms "peace officer" and "law enforcement officer" are not the same. There are many "law enforcement officers" who are not "peace officers."If you build a man a fire, you'll keep him warm for the evening. If you set a man on fire, you'll keep him warm for the rest of his life. -
Please cite a specific case.
At the end of my career, I served as director of a joint Task Force that had USSS agents assigned. There was no mechanism to obtain California state peace officer certification for them. The required POST training was the major stumbling block.
There is no provision in California law for a federal agent to become a state peace officer without completion of POST training requirements.
At the same time, the provisions of Penal Code section 830.8 pretty much eliminated the need for that certification.If you build a man a fire, you'll keep him warm for the evening. If you set a man on fire, you'll keep him warm for the rest of his life.Comment
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I served in that capacity from 2009-2010.
A sheriff may "deputize" anyone that he/she desires, but a person so deputized has no peace officer powers until they meet the requirements of Penal Code section 830 (which in turn incorporates the POST training requirements). Here is the text with appropriate parts in bold:
"Any person who comes within the provisions of this chapter and
who otherwise meets all standards imposed by law on a peace officer
is a peace officer, and notwithstanding any other provision of law,
no person other than those designated in this chapter is a peace
officer. The restriction of peace officer functions of any public
officer or employee shall not affect his or her status for purposes
of retirement."
The POST training requirements are found in Penal Code section 832(a). Here is the text:
"Every person described in this chapter as a peace officer
shall satisfactorily complete an introductory training course
prescribed by the Commission on Peace Officer Standards and Training.
On or after July 1, 1989, satisfactory completion of the course
shall be demonstrated by passage of an appropriate examination
developed or approved by the commission. Training in the carrying and
use of firearms shall not be required of a peace officer whose
employing agency prohibits the use of firearms.
(b) (1) Every peace officer described in this chapter, prior to
the exercise of the powers of a peace officer, shall have
satisfactorily completed the training course described in subdivision
(a).
(2) Every peace officer described in Section 13510 or in
subdivision (a) of Section 830.2 may satisfactorily complete the
training required by this section as part of the training prescribed
pursuant to Section 13510."
Please note the absence of any section with the chapter making a "deputized person" a peace officer.
Also please note the absence of any authority within the chapter for a person to be made a peace officer through a MOU.
If you believe that such an authority exists, then please cite the specific statute so providing. I've been good enough to cite the specific statutes in my postings, please do the same.
Peace officers cannot be created out of thin air. There needs to be a statute.If you build a man a fire, you'll keep him warm for the evening. If you set a man on fire, you'll keep him warm for the rest of his life.Comment
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Maybe he's asking in regards to purchasing firearms..
Federal LEOs may purchase handguns that are not on the California roster.
Come July 2017, we will be exempt from 10 round magazine capacity restrictions.
We are still limited to 1 handgun purchase every 30 days.
As far as I know.. we are still not recognized as "peace officers."Comment
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If you build a man a fire, you'll keep him warm for the evening. If you set a man on fire, you'll keep him warm for the rest of his life.Comment
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Now I can see your issue.
California's "Large-Capacity Magazine" law does address "Peace Officers". Until recently, only California peace officers were exempt from the prohibition on personally purchasing, or importing, large-capacity magazines.
That statute was recently amended to include federal LEOs. But it includes them by their federal position. It does not make them California peace officers.
Here is new wording of that statute (PC 32405):
If you build a man a fire, you'll keep him warm for the evening. If you set a man on fire, you'll keep him warm for the rest of his life.Comment
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Maybe the miscommunication is that your speaking on the "Status" of being a peace officer in CA, as opposed to having the authority derived by MOU from a Sheriff to enforce state law.
BLM and US Forest Service regularly enforce code this way ( and have had it taken away after shenanigans)
Interestingly enough, I have done PC arrests via CA Code assimilation and filed in Federal court.
Conversely, I have filed charges in state court, after my over worked USAO declined to prosecute, DA's regularly eat it up, I've never had an issue with regards to the authority to do so.
Sent from my iPhone using TapatalkComment
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Are you employed as a federal LEO?
If so, you probably have the ability to enforce state law, in state court, under PC 830.8. If you're employed by BLM, you require the written consent of your Sheriff in order to enforce state law, in state court, under PC 830.8. But that authority is granted by the state, not by the Sheriff. In the case of BLM folks, that state authority is conditioned on the Sheriff's consent. Unfortunately there has been a history where the enforcement practices of certain BLM employees diverged considerably from state norms to produce legislation treating BLM folks differently from other federal LEOs. A while back the Sheriff of El Dorado County elected to withdraw his consent following a string of founded complaints against a BLM LEO.
But PC 830.8 also makes clear, in its first paragraph, that PC 830.8 does not confer peace officer status.
At the same time, as you have pointed out, you also have the ability to prosecute state law crimes in federal court under the provisions of 18USC13 (Assimilitave Crimes Act) if the predicates of that statute are met. That avenue does not require the consent of the Sheriff.Last edited by RickD427; 11-21-2016, 9:05 AM.If you build a man a fire, you'll keep him warm for the evening. If you set a man on fire, you'll keep him warm for the rest of his life.Comment
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Fed LEO status in CA
Yes this is what I was referring to from my previous comments. Not having a POST does not mean you can't enforce state law, several avenues exist. "Momentary" Peace Officer authority exists if you need it as a Federal LEO without the supervision of a CA Peace Officer (as long as your within the scope of employment).
I wouldn't recommend it to anyone unless your versed and know the mechanisms to do so.
Sent from my iPhone using TapatalkLast edited by sdsu619; 11-21-2016, 9:13 AM.Comment
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Again. Fed LEOs do not have peace officer status now or prior. However, I have co workers who are cross deputized while on task force duties with local Sheriff. At the end of the rotation you give up status.Comment
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Yup, 20+ years both Patrol, and Fed Inv
Are you familiar with CBAG?
99% of the Fed 1811s assigned to the Border area in San Diego County have or will present criminal cases in California State Court.
These Fed Criminal Investigators, although not defined as CA. Peace Officers under 830.8, can arrest AND charge ANY crime in CA. State Court (pursuant to agreements under CBAG and the San Diego County DA's Officer, including subsequent revised agreements).
They also can be affiants for the application of Court Orders in CA. State Court, (i.e. S/W's T-3's etc) and execute such orders
Here's an open source synopsis of the long standing program;
Last edited by FormerOne; 11-26-2016, 3:30 PM.Comment
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