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  • Question on Serving Warrants

    Please clarify this for me:

    A TCLEOSE certified Jailer can not serve a warrant if it states TO ANY PEACE OFFICER IN THE STATE OF TEXAS, unless the jailer is also certified as a TCLEOSE Peace Officer.

    True or False?

    Thank you.
    sigpic
    Let your watchword be duty, and know no other talisman of success than labor. Let honor be your guiding star in your dealing with your superiors, with your fellows, with all. Be as true to a trust reposed as the needle to the pole. Stand by the right even to the sacrifice of life itself, and learn that death is preferable to dishonor. ~ Gov. Richard Coke, October 4, 1876

  • #2
    Originally posted by TexasAggieOfc View Post
    Please clarify this for me:

    A TCLEOSE certified Jailer can not serve a warrant if it states TO ANY PEACE OFFICER IN THE STATE OF TEXAS, unless the jailer is also certified as a TCLEOSE Peace Officer.

    True or False?

    Thank you.
    False

    A jailer with a TCLESOE Peace Officer certification is not a Peace Officer. To be a Peace Officer you have to have 1) A TCLESOE Peace Officer 2) be commissioned as an agency as a peace officer as defined by TX CCP 2.12. and TX OC 1701

    The only time a Jailer would be considered a Peace Officer is if he was a 2.12 Peace officer who his/her agency had assigned to the jail. Example a Deputy Sheriff on Jail duty.

    TX Occupations Code 1701.001
    (3)"Officer" means a peace officer or reserve law
    enforcement officer.

    (4) "Peace officer" means a person elected, employed,
    or appointed as a peace officer under Article 2.12, Code of Criminal
    Procedure
    , or other law.

    (6)"Reserve law enforcement officer" means a person
    designated as a reserve law enforcement officer under Section
    85.004, 86.012, or 341.012, Local Government Code, or Section
    60.0775, Water Code.
    Now it is possible where the judge issuing the warrant my authorize in the warrant for some other named person to also execute the warrant. Which is how Private Investigators engaged in bail enforcement can make arrests.
    Last edited by Northtechsan; 10-11-2007, 08:56 PM.

    Comment


    • #3
      this may be a random question, but why would a jailer ever serve a search warrant?

      Comment


      • #4
        While I've never in my career seen a Search Warrant, they would be necessary to open and read an inmate's legal mail.

        Mainly we get arrest warrants, which make no sense because they're already in jail, and serve indictments.

        Now, I'm fully aware of the requirements to be a Texas Peace Officer (I'm in the academy on my own time now), but what if the Sheriff says it's legit because all members of the department are deputized as 'Deputy Sheriffs'?
        sigpic
        Let your watchword be duty, and know no other talisman of success than labor. Let honor be your guiding star in your dealing with your superiors, with your fellows, with all. Be as true to a trust reposed as the needle to the pole. Stand by the right even to the sacrifice of life itself, and learn that death is preferable to dishonor. ~ Gov. Richard Coke, October 4, 1876

        Comment


        • #5
          Warrant

          TXAggie,
          I'm not sure about Texas law, but why would you need a search warrant to search an inmates mail? When an inmate gets sentenced to jail (at least in MA), they loose all rights when sending/receiving mail. All mail at the county/state jail is screened for contraband/gang info, etc. The same w/phone calls.

          Comment


          • #6
            You can not "Read" an inmate's legal mail, here or in Nebraska. It's my understanding that's a SCOTUS ruling, but I'm not sure. Now you can scan it in the presence of an inmate, but not read it without the search warrant
            sigpic
            Let your watchword be duty, and know no other talisman of success than labor. Let honor be your guiding star in your dealing with your superiors, with your fellows, with all. Be as true to a trust reposed as the needle to the pole. Stand by the right even to the sacrifice of life itself, and learn that death is preferable to dishonor. ~ Gov. Richard Coke, October 4, 1876

            Comment


            • #7
              Originally posted by TexasAggieOfc View Post
              what if the Sheriff says it's legit because all members of the department are deputized as 'Deputy Sheriffs'?
              If the Sheriff has deputized you as a deputy sheriff then you would be a sworn peace officer under law, and would also be required to have a TCLEOSE Peace officer License to work.

              However if The Sheriff was serving a search warrant to read inmates mail,The warrant affidavit would be to do so to look for specific information regarding a criminal investigation. The Sheriff would then have the Deputy Sheriff Investigator who is primary on the case, who would also be the affiant on the warrant, be the one to open the mail. Not a Deputy assigned to Detention duties. Having a Jail Deputy read the mail who is not involved in the investigation might be grounds for a defense attorney to contest the integrity of an investigation.

              Courts don't issue blanket search warrants to read mail.

              Comment


              • #8
                Not true, at my agency we are all Deputy Sheriff's but are not all designated as Peace Officers. A peace officer designation is given by TCLEOSE and licensing. You don't need a warrant to open an inmate's regular mail, only their legal mail and that would be done by someone who has reason to read the legal mail to begin with. Again, you can be employed as a Deputy Sheriff but that in and of itself does not make you a Peace Officer.
                Moooooooooooo, I'm a goat

                Comment


                • #9
                  Originally posted by JSD73
                  A peace officer designation is given by TCLEOSE and licensing.

                  I'm going to disagree with you. The peace officer designation is given by law(CCP 2.12 and TxOC 1701), not TCLEOSE. TCLEOSE is just the POST agency charged with administrating the standards, and issuing the license.

                  Code of Criminal Procedure Art. 2.12. WHO ARE PEACE OFFICERS. The following are peace officers:
                  (1) sheriffs, their deputies, and those reserve deputies
                  who hold a permanent peace officer license issued under Chapter
                  1701, Occupations Code;

                  Comment


                  • #10
                    Originally posted by JSD73
                    A peace officer designation is given by TCLEOSE and licensing.

                    Not true either. The peace officer designation is given by law(CCP 2.12 and TxOC 1701), not TCLEOSE. TCLEOSE is just the POST agency charged with administrating the standards, and issuing the license.

                    Code of Criminal Procedure Art. 2.12. WHO ARE PEACE OFFICERS. The following are peace officers:
                    (1) sheriffs, their deputies, and those reserve deputies
                    who hold a permanent peace officer license issued under Chapter
                    1701, Occupations Code;

                    Comment


                    • #11
                      Originally posted by TexasAggieOfc View Post
                      You can not "Read" an inmate's legal mail, here or in Nebraska. It's my understanding that's a SCOTUS ruling, but I'm not sure. Now you can scan it in the presence of an inmate, but not read it without the search warrant

                      Just because you cant read it diesnt mean you cant open it and check for contraband. We did it all the time in Harris County.

                      Comment


                      • #12
                        Let me refocus this discussion

                        The issue isn't so much with the mail, as it is with the Arrest Warrants and serving Indictments
                        sigpic
                        Let your watchword be duty, and know no other talisman of success than labor. Let honor be your guiding star in your dealing with your superiors, with your fellows, with all. Be as true to a trust reposed as the needle to the pole. Stand by the right even to the sacrifice of life itself, and learn that death is preferable to dishonor. ~ Gov. Richard Coke, October 4, 1876

                        Comment


                        • #13
                          Now you have me curious. Here in California, Custodial Officers (civilian jailers) are not peace officers either, however, state law gives them the authority to serve arrest warrants on prisoners in the jail.

                          It's not a big deal. When a prisoner is booked, someone runs him in the system. If a warrants shows up, the jailer (rather than a police officer) simply adds it to his booking sheet and notifies the prisoner of the additional charge. Come to think of it, it's really more of a clerical issue.
                          Going too far is half the pleasure of not getting anywhere

                          Comment


                          • #14
                            Originally posted by L-1 View Post
                            Now you have me curious. Here in California, Custodial Officers (civilian jailers) are not peace officers either, however, state law gives them the authority to serve arrest warrants on prisoners in the jail.

                            It's not a big deal. When a prisoner is booked, someone runs him in the system. If a warrants shows up, the jailer (rather than a police officer) simply adds it to his booking sheet and notifies the prisoner of the additional charge. Come to think of it, it's really more of a clerical issue.
                            Ok, we do the same thing....our Deputies are not all certified, in fact most aren't. In the booking area, the inmate is run automatically TCIC/NCIC, but if a warrant shows up, unless it's ours, they have to have dispatch contact the agency and confirm it. I guess there is always a way around it, but in order to actually serve a paper warrant, or warrant in hand, one must be a peace officer and wouldn't really ask a jailer to do it anyways...since they are the one who is attempting to serve the warrant. Every indictment I've seen served has been done by a Warrant Officer, i.e., a Peace Officer.

                            And I stand corrected on the licensing aspect but unless you meet all requirements, you cannot be a Peace Officer. You can still hold the title of Deputy Sheriff but it doesn't make you a Peace Officer.
                            Moooooooooooo, I'm a goat

                            Comment

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