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  • cbp questions

    hey guys i am headed down to fletc for cbp in a few weeks. just had a question about our off-duty carry status. we are considered peace officers in every state right? my supervisors were telling me that theres a grey area with us carrying off duty. Im pretty much confused by the whole thing. We are considered sworn police officers correct? Also, if we witness a misd. or federal offence in our presence we arent allowed to act correct? Any clarification of this issue would be appreciated. thank u
    "Just another day in paradise"

  • #2
    No, you will not be considered a peace officer in every state. As a matter of fact, in some states you will be specifically named in state law as someone who is NOT considered a peace officer. And, no you will not be considered a sworn police officer. You will be a federal law enforcement officer. The intricacies as to what you can and cannot arrest for will be explained to you at the academy. I can tell you right now that your agency will frown upon any off-duty law enforcement action. You will find that your arrest powers will be broad by law, but limited by your agency.

    There will be no gray area as to off-duty carry. Your firearms instructors and agency policy will make it very black and white, regardless of what guys in the field (who attended the academy 10-15 years ago) tell you. Trust me on this, your supervisor might be the end all when you are at work, but you can do no wrong when you follow policy taught to you at the academy. In summary, all your answers will be answered at the academy, pay attention and you'll be good to go. In short though, if you are worried about carrying off-duty, your agency does allow it and you are covered by federal law in doing so anywhere in the United States.

    As a side note, it seems you have some misconceptions about your new job there. Do yourself a favor and do some more research on it. The more knowledgeable you are the less of a shock it will be when you start doing it.
    Last edited by yellowreef; 09-16-2008, 01:47 PM.
    "You don't want the truth because, deep down in places you don't talk about at parties, you want me on that wall, you need me on that wall... I have neither the time, nor the inclination to explain myself to a man who rises and sleeps under the blanket of the very freedom that I provide, and then questions the manner in which I provide it."

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    • #3
      thanks i appreciate the info. I do know exactly what the job is and i think i will enjoy it but i will probably try and jump over to DRO agent with ice. Seems there job is a bit more interesting. I wouldnt ever try and enforce civilian law away from the port but i would hate to get fired for preventing a bank robbery or somthing if i was in the right place at the right time.
      "Just another day in paradise"

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      • #4
        What YR said.

        There's a rather large CBPO thread in the Law Enforcement Job Center section of this board, I suggest you read through it.

        On a side note, YR...what is the difference between a sworn police officer and a sworn federal law enforcement officer? I never knew there was one.

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        • #5
          here I have never scene a customs agent carry off duty using there custom credentials..they just get concealed weapons permits..if i catch one I will let u know...should be one coming through here tonight with a burned out head light i will pull him over and ask for u.. also i will try to ask a border patrol agent see if they can carry of duty

          also there jurisdiction at the port is there building and the immediate 100 yards or so...once they get past there they have no authority..also they can not arrest anybody at our local port, they "detain" and then call our office or local DEA, unless there illegals then border patrol is called to arrest and charge. but at the request of an officer in there jurisdiction I think there good to assist, I know border patrol is but not sure of customs.
          Last edited by Red Swan; 09-16-2008, 06:32 PM.
          "What the problem is?"

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          • #6
            Red, you have some serious bad information there.

            1. I've carry on my creds thoughtout ND, SD, MT MN, etc. Most officers probably do have CCW permits, but that's just to give them more options and a chance not to involve the agency if something goes sour. PA's carry on their creds off-duty as well.

            2. Our jurisdiction exceeds far beyond the ports. Internal polices may restrict what people can do outside the immediate port area, but all the authority is there. Also, people get "arrested" at the ports often, generally speaking though most everything is turned over to state/local, ICE or BP ultimately.


            Where are you at in ND?

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            • #7
              Originally posted by merlin436 View Post
              Red, you have some serious bad information there.

              1. I've carry on my creds thoughtout ND, SD, MT MN, etc. Most officers probably do have CCW permits, but that's just to give them more options and a chance not to involve the agency if something goes sour. PA's carry on their creds off-duty as well.

              2. Our jurisdiction exceeds far beyond the ports. Internal polices may restrict what people can do outside the immediate port area, but all the authority is there. Also, people get "arrested" at the ports often, generally speaking though most everything is turned over to state/local, ICE or BP ultimately.


              Where are you at in ND?
              hmm i see.... around the Dunseith Port at peace gardens....Rolette County


              question> using ur credentials can you legally carry off duty in ND...I would say no but maybe there are Federal laws that change that?
              "What the problem is?"

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              • #8
                Originally posted by Red Swan View Post
                hmm i see.... around the Dunseith Port at peace gardens....Rolette County


                question> using ur credentials can you legally carry off duty in ND...I would say no but maybe there are Federal laws that change that?
                Yes...to Fed. law. We don't carry under state law, but under Uncle Sugar's rules.

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                • #9
                  We fall under LEO as detailed in H.R. 218. That allows us to carry on our credentials. Theoretically we can detain/arrest for offenses of federal law, but I wouldn't try it, at all. You will not have the backing of your agency and you will get yourself into more trouble than you want.

                  We are law enforcement, but not street cops. Theoretically the FBI/DEA/ATF can arrest/detain for any violation of federal law they observe, but they only do what their agency will cover them for. CBPO's are no different.
                  But when a long train of abuses and usurpations, pursuing invariably the same object, evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new guards for their future security.

                  For the intelectually challenged: If the government screws the people enough, it is the right and responsibility of the people to revolt and form a new government.

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                  • #10
                    Originally posted by Red Swan View Post
                    question> using ur credentials can you legally carry off duty in ND...I would say no but maybe there are Federal laws that change that?
                    Wow. Let's see... They are federal law enforcement, the state has absolutely no say regarding their carry status. Federal law (way before HR 218 and regardless of HR 218) allows them to carry any time. And yes, you have some serious misinformation regarding their authority. Federal statutes regarding arrest powers for "customs officers" and "immigration officers" are extremely broad. CBPOs are included in both lists. Local officers and other feds only wish in their wildest dreams they had the broad warrantless search and seizure authority CBP has. Title 19 even allows them to demand help (think old school "form a possee" or "deputize") in order to enforce the law, a bit archaic, probably not done ever, but it's in there. Being a Border Patrol Agent, I normally give CBPOs a buch of crap about being stamp monkeys, but fair is fair. They have extremely broad powers and authority by law, which are unfortunately somewhat limited by management hence the "not allowed to do this or that" you might have heard.
                    "You don't want the truth because, deep down in places you don't talk about at parties, you want me on that wall, you need me on that wall... I have neither the time, nor the inclination to explain myself to a man who rises and sleeps under the blanket of the very freedom that I provide, and then questions the manner in which I provide it."

                    Comment


                    • #11
                      Yellowreef, way back when I did "Require assistance" as a S/A with Customs. I needed a Coast Guard boat to investigate something I saw thrown from a ship in Boston harbor. I have also requested fire dept. help during the service of a search warrant to tear out some walls. When the outlaw saw I was going to do that, he gave up his hashish.
                      So, that old statue is used on rare occasion.

                      And when I worked in California, we were (for some time) not listed as "peace officers" in the statute, so we could only make a citizen's arrest (under color of law). That means no additonal authority, but you display your badge to make the arrest.

                      All will be made clear at FLETC.
                      "A man who has nothing which he cares about more than he does about his personal safety is a miserable creature who has no chance of being free, unless made and kept so by the existing of better men than himself."
                      John Stuart Mill

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