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Do "jailers" in CA have Peace Officer authority?

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  • Do "jailers" in CA have Peace Officer authority?

    There is a poster here who claims to be a "jailer" and says he has peace officer authority in California. Anyone from CA confirm or debunk this?
    "When I held that gun in my hand, I felt a surge of power ... like God must feel when he's holding a gun. " Homer Simpson

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  • #2
    Read CA Penal Code 830.5

    If I am not, then the Oath I took was just for show? Guess I can toss out my badge too.
    Last edited by Baxter; 01-13-2007, 09:13 AM.

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    • #3
      Originally posted by Baxter
      Read CA Penal Code 830.5

      If I am not, then the Oath I took was just for show? Guess I can toss out my badge too.
      Huh??? PC 830.5 deals with State Parole Officers and Correctional Officers in state prisons, not local jailers.

      Rohan,

      Generally speaking, California employs two types of people in city and county jails.

      First they may appoint local correctional officers who are peace officers, but only while on duty. They are prohibited from carrying or possessing firearms in the performance of their duties, except under the direction of the superintendent of the facility, while engaged in transporting prisoners, guarding hospitalized prisoners, or suppressing riots, lynchings, escapes, or rescues in or about a detention facility. (PC 830.55)

      The second group of jailers are called custodial officers. They are not peace officers, but may exercise the powers of a peace officer when it comes to serving warrants, court orders, writs, and subpoenas in the detention facility or under circumstances arising directly out of maintaining custody of prisoners and related tasks. (PC 831.5)
      Going too far is half the pleasure of not getting anywhere

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      • #4
        Originally posted by Baxter
        Read CA Penal Code 830.5

        If I am not, then the Oath I took was just for show? Guess I can toss out my badge too.
        Just curious, who swore you in?

        I know some cities make it a point for all of their employees to take some sort of "municipal oath", but that doesn't make them a sworn peace officer. Additionally, a badge doesn't mean all that much. Many non-sworn positions have badges in some departments including explorers, cadets, trainees, dispatchers, parking enforcement officers, animal control officers, etc.

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        • #5
          We have jailers who are not sworn but do wear a uniform. I, nor any of my co-workers look down at them in any form.

          It seems like topics such as this and similar topics have become an issue of who is the purest of the pure. Almost parallel to a Nazi type attitude. I know thats an extreme example but its starting to look that way to me.

          When the bullet hits the bone, a jailer or anyone else who is just a peace officer while on duty is a brother too.

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          • #6
            Originally posted by Rogerthump
            We have jailers who are not sworn but do wear a uniform. I, nor any of my co-workers look down at them in any form.
            I don't think that's the case here. Reading between the lines, I think its simply that the other guy has made some rather strange statements and references that suggest he may be a poser.
            Going too far is half the pleasure of not getting anywhere

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            • #7
              We run a city jail and it is currently staffed with non sworn officers. They have gone through a corrections academy, but are not armed and currently no peace officer powers. I believe they are looking to change that but I dont know how that is going.

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              • #8
                His profile says he is a jailer and a cadet. If he is already peace officer, why would he be a cadet?

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                • #9
                  if he is a dispatcher in CA he would also have had to go through a 120 hour POST certified dispatch academy or the full police academy..

                  i could see a cadet serving as a jailer as well (our CSO's are jailers), however not really as a dispatcher, a jailer would for sure be a non-sworn position...

                  basically in california if you go to a police academy that usually is the only way to be "sworn"

                  EDIT: well i was bored and found the penal code showing that custodial officers (jailers) are NOT peace officers in california... however it should be noted that corrections officers that work for california department of corrections ARE peace officers as they go through the same academy as regular officers

                  831. (a) A custodial officer is a public officer, not a peace
                  officer, employed by a law enforcement agency of a city or county who
                  has the authority and responsibility for maintaining custody of
                  prisoners
                  and performs tasks related to the operation of a local
                  detention facility used for the detention of persons usually pending
                  arraignment or upon court order either for their own safekeeping or
                  for the specific purpose of serving a sentence therein.
                  (b) A custodial officer shall have no right to carry or possess
                  firearms in the performance of his or her prescribed duties.

                  (c) Each person described in this section as a custodial officer
                  shall, within 90 days following the date of the initial assignment to
                  the position, satisfactorily complete the training course specified
                  in Section 832. In addition, each person designated as a custodial
                  officer shall, within one year following the date of the initial
                  assignment as a custodial officer, have satisfactorily met the
                  minimum selection and training standards prescribed by the Board of
                  Corrections pursuant to Section 6035. Persons designated as
                  custodial officers, before the expiration of the 90-day and one-year
                  periods described in this subdivision, who have not yet completed the
                  required training, may perform the duties of a custodial officer
                  only while under the direct supervision of a peace officer as
                  described in Section 830.1, who has completed the training prescribed
                  by the Commission on Peace Officer Standards and Training, or a
                  custodial officer who has completed the training required in this
                  section.
                  (d) At any time 20 or more custodial officers are on duty, there
                  shall be at least one peace officer, as described in Section 830.1,
                  on duty at the same time to supervise the performance of the
                  custodial officers.


                  also look at 831.5 PC which goes over the roles/jobs of custody officers in the state of california and specific counties.. it also uses custody officer synonymously with jailer and states that they are not peace officers..
                  Last edited by ca911dispatch; 01-13-2007, 04:44 PM.

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                  • #10
                    Originally posted by a7x
                    Just curious, who swore you in?

                    I know some cities make it a point for all of their employees to take some sort of "municipal oath", but that doesn't make them a sworn peace officer. Additionally, a badge doesn't mean all that much. Many non-sworn positions have badges in some departments including explorers, cadets, trainees, dispatchers, parking enforcement officers, animal control officers, etc.
                    The Judge. in front of my Cheif too. I was sworn in under the same oath the police officers take, and at the same time another officer was being sworn in.

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                    • #11
                      Originally posted by L-1
                      I don't think that's the case here. Reading between the lines, I think its simply that the other guy has made some rather strange statements and references that suggest he may be a poser.
                      No, L-1. I wan not acting as a poser. If you read my previous post, you will see that.

                      I have decribed my job duties on this fourm, and have not lied in any way. I did not deserve this un-needed attack by Rohan
                      Last edited by Baxter; 01-13-2007, 05:03 PM.

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                      • #12
                        Originally posted by Ten Six
                        His profile says he is a jailer and a cadet. If he is already peace officer, why would he be a cadet?
                        Because I have been active in the program for the last 3 years, and I am a leader in the program. I have not yet decided if I will continue with the program.

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                        • #13
                          I think some people on here are a little too uptight. All I said to start this argument was that I was recently sworn in as a Dispatcher/Jailer. Ok, no peace officer powers, got it.

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                          • #14
                            Originally posted by Baxter
                            I think some people on here are a little too uptight. All I said to start this argument was that I was recently sworn in as a Dispatcher/Jailer. Ok, no peace officer powers, got it.
                            We got it but do you?

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                            • #15
                              Originally posted by Baxter
                              No, L-1. I wan not acting as a poser. If you read my previous post, you will see that.

                              I have decribed my job duties on this fourm, and have not lied in any way. I did not deserve this un-needed attack by Rohan
                              There is no attack- I just didn't understand how a person could go from being a dispatcher/jailer/cadet to a sworn peace officer in the same day- that's all. I admit- I could have been nicer and I apologize for that. But the question is still valid and not meant as an attack.
                              "When I held that gun in my hand, I felt a surge of power ... like God must feel when he's holding a gun. " Homer Simpson

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