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Federal Peace Officer Status?

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  • Here is what the law says in NC for those interested:

    § 15A‑406. Assistance by federal officers.

    (a) For purposes of this section, "federal law enforcement officer" means any of the following persons who are employed as full‑time law enforcement officers by the federal government and who are authorized to carry firearms in the performance of their duties:

    (1) United States Secret Service special agents;

    (2) Federal Bureau of Investigation special agents;

    (3) Bureau of Alcohol, Tobacco and Firearms special agents;

    (4) United States Naval Investigative Service special agents;

    (5) Drug Enforcement Administration special agents;

    (6) United States Customs Service officers;

    (7) United States Postal Service inspectors;

    (8) Internal Revenue Service special agents;

    (9) United States Marshals Service marshals and deputies;

    (10) United States Forest Service officers;

    (11) National Park Service officers;

    (12) United States Fish and Wildlife Service officers;

    (13) Immigration and Naturalization Service officers;

    (14) Tennessee Valley Authority officers; and

    (15) Veterans Administration police officers.

    (b) A federal law enforcement officer is authorized under the following circumstances to enforce criminal laws anywhere within the State:

    (1) If the federal law enforcement officer is asked by the head of a state or local law enforcement agency, or his designee, to provide temporary assistance and the request is within the scope of the state or local law enforcement agency's subject matter and territorial jurisdiction; or

    (2) If the federal law enforcement officer is asked by a state or local law enforcement officer to provide temporary assistance when at the time of the request the state or local law enforcement officer is acting within the scope of his subject matter and territorial jurisdiction.

    (c) A federal law enforcement officer shall have the same powers as those invested by statute or common law in a North Carolina law enforcement officer, and shall have the same legal immunity from personal civil liability as a North Carolina law enforcement officer, while acting pursuant to this section.

    (d) A federal law enforcement officer who acts pursuant to this section shall not be considered an officer, employee, or agent of any state or local law enforcement agency.

    (e) For purposes of the Federal Tort Claims Act, a federal law enforcement officer acts within the scope of his office or employment while acting pursuant to this section.

    (f) Nothing in this section shall be construed to expand the authority of federal officers to initiate or conduct an independent investigation into violation of North Carolina law. (1991, c. 262, s. 1; 1991 (Reg. Sess., 1992), c. 1030, s. 8; 1993 (Reg. Sess., 1994), c. 571, s. 1; 2001‑257, s. 1; 2003‑36, s. 1.)

    Comment


    • To add to the issue, agencies like the Immigration and Naturalization Service and the United States Customs Service no longer exist. Where does that leave offspring agencies like ICE and CBP under state laws such as NC?

      Much of state law was written decades ago and dealt with at that time a noticeably different federal structure than we currently have today. Many new titles and positions have been created post 9/11 that state law may or may not have kept up with.

      It's not as simple as it could/should be.

      Comment


      • Originally posted by swotivated View Post
        Ridiculous! Are you sure? Can't Feds carry concealed anywhere in the country (ie their jurisdiction)??

        Now peace officer status is a total different can of worms...
        Yes each agency is different. The Border Patrol allows us to carry anywhere we want off duty/on duty. However, if you are off duty, ie not in the performance of official govt duties, then an owner of private property can ask you to leave. I've never had that problem because I carry concealed. Even if I see a sign prohibiting firearms on the premises I am just extra careful to not let people know I have it.

        Look up the Trolley Square Mall shooting in Salt Lake City. Some idiot came in blasting up the place, and the unarmed "security officers" went running. After five people were killed, and several others wounded an off duty cop from engaged the shooter and prevented anyone else from getting killed. Guess what, on the front door, there was a sigh that said firearms were prohibited! That sure stopped the gunman. If you're a cop or an LEO of sorts and authorized to carry off duty, or a CCW holder. Do it. You never know when you're gonna be in a mall having a valentines day dinner with your wife, and some mad man is gonna start shooting the place up. That cop was able to save his wife's and a lot of other peoples lives because he had his gun off duty. Sorry I got on a little bit of a rant there....
        The only thing I hear when you say anything is "blah blah blah I'm a dirty whore".

        Originally posted by Michigan
        I don't want to sound gay...

        But I'd do him.
        Do you like airplanes and aviation??JOIN http://forums.officer.com/forums/group.php?groupid=20

        My goal is to have the longest most annoying signature line ever.

        Comment


        • Originally posted by DOAcop38 View Post
          ONLY "if" you are FBI or a FAM- EVERYONE ELSE has to have a "letter" and be on duty...
          I'm not FBI or a FAM and I have flown armed TONS of times, and never once was I on duty nor did I have a "letter". Get your facts straight. You look silly.
          The only thing I hear when you say anything is "blah blah blah I'm a dirty whore".

          Originally posted by Michigan
          I don't want to sound gay...

          But I'd do him.
          Do you like airplanes and aviation??JOIN http://forums.officer.com/forums/group.php?groupid=20

          My goal is to have the longest most annoying signature line ever.

          Comment


          • Originally posted by GoldBadge View Post
            Just got back from a trip where I flew armed. Nothing has changed insofar as feds flying armed.
            Not until 02/28/2010 anyways. I just got an email at my dhs.gov email account saying that on or after 02/28 each agency will have some sort of pin# or something and you have to get that pin number and tell the TSA your pin when you get to the airport or something. I don't really remember exactly what the process was, as the email was really vague. Ill see if I can find the email and repost later. If anybody else has any info regarding this that would be great.
            The only thing I hear when you say anything is "blah blah blah I'm a dirty whore".

            Originally posted by Michigan
            I don't want to sound gay...

            But I'd do him.
            Do you like airplanes and aviation??JOIN http://forums.officer.com/forums/group.php?groupid=20

            My goal is to have the longest most annoying signature line ever.

            Comment


            • Originally posted by Mr. Green View Post
              Not until 02/28/2010 anyways. I just got an email at my dhs.gov email account saying that on or after 02/28 each agency will have some sort of pin# or something and you have to get that pin number and tell the TSA your pin when you get to the airport or something. I don't really remember exactly what the process was, as the email was really vague. Ill see if I can find the email and repost later. If anybody else has any info regarding this that would be great.
              TSA is wanting folks to use NLETS to send a message to the Command Center with your info....and you get a PIN Number in return.....and you present the PIN Number with your info when you sign in .....and they think that will improve the process some how.

              Not sure how that is going to effect Feds....especially folks that don't have easy access to computer terminals to send messages like that.

              Locals are doing it now....in lue of letterheads like they use to have to have....

              Comment


              • Originally posted by Bearcat357 View Post
                TSA is wanting folks to use NLETS to send a message to the Command Center with your info....and you get a PIN Number in return.....and you present the PIN Number with your info when you sign in .....and they think that will improve the process some how.

                Not sure how that is going to effect Feds....especially folks that don't have easy access to computer terminals to send messages like that.

                Locals are doing it now....in lue of letterheads like they use to have to have....
                I'll just say that feds won't be doing it the same way as locals.
                They Don’t Think It Be Like It Is, But It Do.

                Comment


                • Originally posted by GoldBadge View Post
                  I'll just say that feds won't be doing it the same way as locals.
                  I'm sure TSA will jack it up some how.....

                  Comment


                  • When studying criminal justice in college, I remember a textbook that said something to the effect that the only federal "peace officers" are those authorized by the US Marshals Service. I believe they were referring to:

                    28 USC CHAPTER 37 Sec. 564. (USMS) Powers as sheriff
                    United States marshals, deputy marshals and such other officials
                    of the Service as may be designated by the Director, in executing
                    the laws of the United States within a State, may exercise the same
                    powers which a sheriff of the State may exercise in executing the
                    laws thereof.

                    I'm not sure I would interpret that to mean that DUSMs of DEOs can pull people over for traffic violations, but it would be interesting to know if that has happened, and the disposition of the courts a case like that.

                    Many people are referring to the ability carry a weapon off duty, but that doesn't really have anything to do with being a "sworn peace officer". In most states (by other names) it refers to the ability to make an arrest or citation (based on probable cause alone) in regards to state and local crimes and violations. The local DA can still charge a person with a felony, misdemeanor or violation based alone on the testimony of an on or off duty federal officer, just like that of any other private citizen.


                    Unrelated, I would assume that most uniformed federal law enforcement officers and many 1811s would arrest a person they come into contact with whom has an extraditable warrant- as it is the DUTY of local LEO to do so, at least here in Oregon. But I would think that by law they are not required to act on or service a warrant(?).

                    Comment


                    • Originally posted by 8C-FiveOh View Post
                      When studying criminal justice in college, I remember a textbook that said something to the effect that the only federal "peace officers" are those authorized by the US Marshals Service. I believe they were referring to:

                      28 USC CHAPTER 37 Sec. 564. (USMS) Powers as sheriff
                      United States marshals, deputy marshals and such other officials
                      of the Service as may be designated by the Director, in executing
                      the laws of the United States within a State, may exercise the same
                      powers which a sheriff of the State may exercise in executing the
                      laws thereof.
                      All that means is that DUSM's have the same authority under state law as sheriffs.

                      It has no bearing as to whether or not other federal law enforcement officers are state peace officers.
                      They Don’t Think It Be Like It Is, But It Do.

                      Comment


                      • A USMS DEO was driving to work in Las Vegas when the shooting happened. He used his off duty weapon to stop the rampage.
                        Abraham Lincoln:Nowhere in the world is presented a government of so much liberty and equality. To the humblest and poorest amongst us are held out the highest privileges and positions. The present moment finds me at the White House, yet there is as good a chance for your children as there was for my father's.
                        --August 31, 1864 Speech to 148th Ohio Regiment

                        Comment

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