Peace officer
Encyclopedia
A law enforcement officer (also called peace officer), in North America
, is any public-sector
employee or agent whose duties involve the enforcement of laws. The phrase can include police officer
s, prison officer
s, customs officer
s, immigration officer
s, bailiff
s, probation officer
s, parole officers, auxiliary officers
, and sheriff
s, marshals, and their deputies. Security guard
s are not normally law enforcement officers, unless they have been granted powers to enforce particular laws, such as those accredited under a Community Safety Accreditation Scheme
.
Modern legal codes use the term peace officer (or in some jurisdictions, law enforcement officer) to include every person vested by the legislating state with law-enforcement authority—traditionally, anyone "sworn, badged, and armable" but, basically, who can arrest, or refer such arrest for a criminal prosecution. Hence, city police officers, county sheriffs' deputies, and state troopers
are usually vested with the same authority within a given jurisdiction. Contract security officers may enforce certain laws and administrative regulations, which may include detainment or apprehension authority.
, the Criminal Code (R.S., c. C-34, s. 2.) defines a peace officer as:
Section (b) allows for designation as a peace officer for a member of the Correctional Service of Canada under the following via the Corrections and Conditional Release Act:
In addition, provincial legislatures can designate a class of officers (i.e. Conservation Officers) to be peace officers.
list persons who are considered peace officers within the State of California. Peace officers include, in addition to many others,
Most peace officers have jurisdiction throughout the state, but many have limited powers outside their political subdivision. Some peace officers require special permission to carry firearms. Powers are often limited to performance of peace officers’ primary duties (usually, enforcement of specific laws within their political subdivision); however, most have power of arrest
anywhere in the state for any public offense
that poses immediate danger to person or property.
A private person (i.e., ordinary citizen) may arrest another person
for an offense committed in the arresting person’s presence, or if the other person has committed a felony
whether or not in the arresting person’s presence (Penal Code § 837), though such an arrest when an offense has not actually occurred leaves a private person open to criminal prosecution and civil liability for false arrest
. A peace officer # May, without an arrest warrant
, arrest a person on probable cause
that the person has committed an offense in the officer’s presence, or if there is probable cause that a felony has been committed and the officer has probable cause to believe the person to be arrested committed the felony. (Penal Code § 836). # Is immune from civil liability for false arrest if, at the time of arrest, the officer had probable cause to believe the arrest was lawful.
Persons are required to comply with certain instructions given by a peace officer, and certain acts (e.g., battery) committed against a peace officer carry more severe penalties than the same acts against a private person. It is unlawful to resist, delay, or obstruct a peace officer in the course of the officer’s duties (Penal Code § 148[a][1] ).
arrest
s, use physical and deadly force, and issue summons
es under section 2.20 of that law.
There is a full list of peace officers under Section 2.10 of that law. Below are some examples.
North America
North America is a continent wholly within the Northern Hemisphere and almost wholly within the Western Hemisphere. It is also considered a northern subcontinent of the Americas...
, is any public-sector
Public sector
The public sector, sometimes referred to as the state sector, is a part of the state that deals with either the production, delivery and allocation of goods and services by and for the government or its citizens, whether national, regional or local/municipal.Examples of public sector activity range...
employee or agent whose duties involve the enforcement of laws. The phrase can include police officer
Police officer
A police officer is a warranted employee of a police force...
s, prison officer
Prison officer
A prison officer , also referred to as a corrections officer , correctional officer , or detention officer , is a person charged with the responsibility of the supervision, safety and security of prisoners in a prison, jail, or similar form of secure...
s, customs officer
Customs officer
A customs officer is a law enforcement agent who enforces customs laws, on behalf of a government.-Hong Kong:4 931 posts, of which nine are directorate officers, 3 804 are members of the Customs and Excise Department, 504 are Trade Controls Officers and 614 are staff of the General and Common...
s, immigration officer
Immigration Officer
The role of Immigration officers are to ensure that immigration legislation is enforced. This can cover the rules of entry for Visa applicants, foreign nationals or those seeking asylum at the border, detecting and apprehending those that have breached the border and removing them, or pursuing...
s, bailiff
Bailiff
A bailiff is a governor or custodian ; a legal officer to whom some degree of authority, care or jurisdiction is committed...
s, probation officer
Probation officer
Parole officers and probation officers play a role in criminal justice systems by supervising offenders released from incarceration or sentenced to non-custodial sanctions such as community service...
s, parole officers, auxiliary officers
Auxiliary police
Auxiliary police or special constables in England) are usually the part-time reserves of a regular police force. They may be armed or unarmed. They may be unpaid volunteers or paid members of the police service with which they are affiliated...
, and sheriff
Sheriff
A sheriff is in principle a legal official with responsibility for a county. In practice, the specific combination of legal, political, and ceremonial duties of a sheriff varies greatly from country to country....
s, marshals, and their deputies. Security guard
Security guard
A security guard is a person who is paid to protect property, assets, or people. Security guards are usually privately and formally employed personnel...
s are not normally law enforcement officers, unless they have been granted powers to enforce particular laws, such as those accredited under a Community Safety Accreditation Scheme
Community Safety Accreditation Scheme
Community Safety Accreditation Schemes are a means by which the Chief Constable of a police force in the United Kingdom may grant a limited range of police powers to employees of non-police organisations who contribute towards community safety. Community Safety Accreditation Schemes were created...
.
Modern legal codes use the term peace officer (or in some jurisdictions, law enforcement officer) to include every person vested by the legislating state with law-enforcement authority—traditionally, anyone "sworn, badged, and armable" but, basically, who can arrest, or refer such arrest for a criminal prosecution. Hence, city police officers, county sheriffs' deputies, and state troopers
State police
State police are a type of sub-national territorial police force, particularly in Australia and the United States. Some other countries have analogous police forces, such as the provincial police in some Canadian provinces, while in other places, the same responsibilities are held by national...
are usually vested with the same authority within a given jurisdiction. Contract security officers may enforce certain laws and administrative regulations, which may include detainment or apprehension authority.
Canada
In CanadaCanada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
, the Criminal Code (R.S., c. C-34, s. 2.) defines a peace officer as:
Section (b) allows for designation as a peace officer for a member of the Correctional Service of Canada under the following via the Corrections and Conditional Release Act:
In addition, provincial legislatures can designate a class of officers (i.e. Conservation Officers) to be peace officers.
General
U.S. Law Enforcement Officers include (but may not be limited to) the following:- State troopers
- Police officerPolice officerA police officer is a warranted employee of a police force...
s - Sheriffs and deputy sheriffsSheriffs in the United StatesIn the United States, a sheriff is a county official and is typically the top law enforcement officer of a county. Historically, the sheriff was also commander of the militia in that county. Distinctive to law enforcement in the United States, sheriffs are usually elected. The political election of...
- ConstableConstableA constable is a person holding a particular office, most commonly in law enforcement. The office of constable can vary significantly in different jurisdictions.-Etymology:...
s and deputy constables - Town Marshals and deputy town marshals
- Prison officerPrison officerA prison officer , also referred to as a corrections officer , correctional officer , or detention officer , is a person charged with the responsibility of the supervision, safety and security of prisoners in a prison, jail, or similar form of secure...
s - Probation officerProbation officerParole officers and probation officers play a role in criminal justice systems by supervising offenders released from incarceration or sentenced to non-custodial sanctions such as community service...
s - Fish and game wardensGame wardenA game warden is an employee who has the role of protecting wildlife. Game wardens may also be referred to as conservation officers or wildlife officers...
- Natural resources officers (park rangers and forest rangers)
- Fire MarshalFire MarshalA fire marshal, in the United States and Canada, is often a member of a fire department but may be part of a building department or a separate department altogether. Fire marshals' duties vary but usually include fire code enforcement and/or investigating fires for origin and cause...
s and deputy fire marshals - Federal Bureau of InvestigationFederal Bureau of InvestigationThe Federal Bureau of Investigation is an agency of the United States Department of Justice that serves as both a federal criminal investigative body and an internal intelligence agency . The FBI has investigative jurisdiction over violations of more than 200 categories of federal crime...
(FBI) agents - Drug Enforcement AdministrationDrug Enforcement AdministrationThe Drug Enforcement Administration is a federal law enforcement agency under the United States Department of Justice, tasked with combating drug smuggling and use within the United States...
(DEA) agents - United States MarshalsUnited States Marshals ServiceThe United States Marshals Service is a United States federal law enforcement agency within the United States Department of Justice . The office of U.S. Marshal is the oldest federal law enforcement office in the United States; it was created by the Judiciary Act of 1789...
and deputy marshals - Bureau of Alcohol, Tobacco, Firearms and ExplosivesBureau of Alcohol, Tobacco, Firearms and ExplosivesThe Bureau of Alcohol, Tobacco, Firearms and Explosives is a federal law enforcement organization within the United States Department of Justice...
(ATF) agents - Bureau of Diplomatic SecurityBureau of Diplomatic SecurityThe Bureau of Diplomatic Security, more commonly known as Diplomatic Security, or DS, is the security and law enforcement arm of the United States Department of State. DS is a world leader in international investigations, threat analysis, cyber security, counterterrorism, security technology, and...
special agents - United States Border PatrolUnited States Border PatrolThe United States Border Patrol is a federal law enforcement agency within U.S. Customs and Border Protection , a component of the Department of Homeland Security . It is an agency in the Department of Homeland Security that enforces laws and regulations for the admission of foreign-born persons to...
agents - Immigration inspectors
- Customs and Border ProtectionU.S. Customs and Border ProtectionU.S. Customs and Border Protection is a federal law enforcement agency of the United States Department of Homeland Security charged with regulating and facilitating international trade, collecting import duties, and enforcing U.S. regulations, including trade, customs and immigration. CBP is the...
officers - Federal air marshalsFederal Air Marshal ServiceThe Federal Air Marshal Service is a United States federal law enforcement agency under the supervision of the Transportation Security Administration of the United States Department of Homeland Security...
- Federal Flight Deck Officer
- United States Secret ServiceUnited States Secret ServiceThe United States Secret Service is a United States federal law enforcement agency that is part of the United States Department of Homeland Security. The sworn members are divided among the Special Agents and the Uniformed Division. Until March 1, 2003, the Service was part of the United States...
special agents and uniformed officers - District Attorney and Prosecuting Attorney investigators
- Office of Mental Health safety/security officers
- United States Postal ServiceUnited States Postal ServiceThe United States Postal Service is an independent agency of the United States government responsible for providing postal service in the United States...
postal inspectors - U.S. Coast Guard boarding officers
California
Sections 830 through 831.7 of the California Penal CodeCalifornia Penal Code
The Penal Code of California forms the basis for the application of criminal law in the American state of California. It was originally enacted in 1872 as one of the original four California Codes, and has been substantially amended and revised since then....
list persons who are considered peace officers within the State of California. Peace officers include, in addition to many others,
- Police; sheriffs, undersheriffs, and their deputies. (§ 830.1[a])
- The California Attorney GeneralCalifornia Attorney GeneralThe California Attorney General is the State Attorney General of California. The officer's duty is to ensure that "the laws of the state are uniformly and adequately enforced" The Attorney General carries out the responsibilities of the office through the California Department of Justice.The...
and special agents and investigators of the California Department of JusticeCalifornia Department of JusticeThe California Department of Justice is the department in the California executive branch under the leadership of the California Attorney General.-Description:It has 5344 employees and a budget of $791 million...
. (§ 830.1[b]) - Members of the California Highway PatrolCalifornia Highway PatrolThe California Highway Patrol is a law enforcement agency of the U.S. state of California. The CHP has patrol jurisdiction over all California highways and also acts as the state police....
. (§ 830.2[a]) - Members of the University of California Police DepartmentUniversity of California Police DepartmentThe University of California Police Department is the police agency charged with providing law enforcement to the campuses of the University of California system.-History:...
or the California State University Police DepartmentCalifornia State University Police DepartmentThe California State University Police Department is the police department for the California State University. Although referred to as campus police, or university police, the police officers are duly sworn peace officers of the State of California, as established by section 830.2 of the...
. (§ 830.2 [b]&[c]) - Special agents of the California Department of Corrections and RehabilitationCalifornia Department of Corrections and RehabilitationThe California Department of Corrections and Rehabilitation is responsible for the operation of the California state prison and parole systems. CDC&R is the second largest law enforcement or police agency in the United States behind the New York City Police Department which employs approximately...
. (§ 830.2[d]) - California State Park rangers. (§ 830.2[f])
- Certain employees of the California Department of Motor VehiclesCalifornia Department of Motor VehiclesThe California Department of Motor Vehicles is the state agency responsible for the registration of motor vehicles and boats and the issuance of driver's licenses in the U.S. state of California. It is responsible for regulating new car dealers , commercial cargo carriers, private driving...
. (§ 830.3[c]) - The State Fire Marshal and assistant or deputy state fire marshals. (§ 830.3[e])
- Fraud investigators of the California Department of InsuranceCalifornia Department of InsuranceThe California Department of Insurance , established in 1868, is the agency charged with overseeing the regulation of insurance regulations, enforcing statutes mandating consumer protections, educating consumers, and fostering the stability of insurance markets in the state of California...
. (§ 830.3[i]) - Criminal investigators of the Employment Development DepartmentEmployment Development DepartmentThe Employment Development Department is part of the Labor and Workforce Development Agency of the executive branch of the State of California. EDD offers a variety of services to millions of Californians under the Job Service, Unemployment Insurance, Disability Insurance, Workforce Investment,...
. (§ 830.3[q]) - Members of the San Francisco Bay Area Rapid Transit District Police DepartmentBART PoliceThe BART Police Department is the police force of the San Francisco Bay Area Rapid Transit District .The BART Police Department has more than 296 police personnel, of which 206 are sworn peace officers. BART Police officers derive their powers of arrest from Section 830.33 P.C...
. (§ 830.33 [a]) - Welfare fraudWelfare fraudWelfare fraud refers to various intentional misuses of state welfare systems by withholding information or giving false or inaccurate information. This may be done in small, uncoordinated efforts, or in larger, organized criminal rings...
investigators employed by the California Department of Social ServicesCalifornia Department of Social ServicesThe California Department of Social Services is a California state agency for many of the programs defined as part of the social safety net in the United States, and is within the auspices of the California Health and Human Services Agency...
and all county welfare departments. (§ 830.35[a]) - County coronerCoronerA coroner is a government official who* Investigates human deaths* Determines cause of death* Issues death certificates* Maintains death records* Responds to deaths in mass disasters* Identifies unknown dead* Other functions depending on local laws...
s and deputy coroners. (§ 830.35[c]) - Parole officers and correctional officersPrison officerA prison officer , also referred to as a corrections officer , correctional officer , or detention officer , is a person charged with the responsibility of the supervision, safety and security of prisoners in a prison, jail, or similar form of secure...
of the California Department of Corrections and RehabilitationCalifornia Department of Corrections and RehabilitationThe California Department of Corrections and Rehabilitation is responsible for the operation of the California state prison and parole systems. CDC&R is the second largest law enforcement or police agency in the United States behind the New York City Police Department which employs approximately...
. (§ 830.5 [a]&[b]) - Firefighter/Security Officers of the California Military DepartmentCalifornia Military DepartmentThe California Military Department is an agency defined under the California Military and Veterans code . The Military Department includes the office of the Adjutant General, the California National Guard, the California State Military Reserve, the California Cadet Corps, and the Naval...
are Peace Officers under PC 830.37
Most peace officers have jurisdiction throughout the state, but many have limited powers outside their political subdivision. Some peace officers require special permission to carry firearms. Powers are often limited to performance of peace officers’ primary duties (usually, enforcement of specific laws within their political subdivision); however, most have power of arrest
Power of arrest
The power of arrest is a mandate given to certain members of a society by the central authority that allows them to remove a criminal or suspected criminal's liberty. The power of arrest can also be used to protect a person, or persons from harm or to protect damage to property.Arrest usually leads...
anywhere in the state for any public offense
Crime
Crime is the breach of rules or laws for which some governing authority can ultimately prescribe a conviction...
that poses immediate danger to person or property.
A private person (i.e., ordinary citizen) may arrest another person
Citizen's arrest
A citizen's arrest is an arrest made by a person who is not acting as a sworn law-enforcement official. In common law jurisdictions, the practice dates back to medieval Britain and the English common law, in which sheriffs encouraged ordinary citizens to help apprehend law breakers.Despite the...
for an offense committed in the arresting person’s presence, or if the other person has committed a felony
Felony
A felony is a serious crime in the common law countries. The term originates from English common law where felonies were originally crimes which involved the confiscation of a convicted person's land and goods; other crimes were called misdemeanors...
whether or not in the arresting person’s presence (Penal Code § 837), though such an arrest when an offense has not actually occurred leaves a private person open to criminal prosecution and civil liability for false arrest
False arrest
False arrest is a common law tort, where a plaintiff alleges they were held in custody without probable cause, or without an order issued by a court of competent jurisdiction...
. A peace officer # May, without an arrest warrant
Arrest warrant
An arrest warrant is a warrant issued by and on behalf of the state, which authorizes the arrest and detention of an individual.-Canada:Arrest warrants are issued by a judge or justice of the peace under the Criminal Code of Canada....
, arrest a person on probable cause
Probable cause
In United States criminal law, probable cause is the standard by which an officer or agent of the law has the grounds to make an arrest, to conduct a personal or property search, or to obtain a warrant for arrest, etc. when criminal charges are being considered. It is also used to refer to the...
that the person has committed an offense in the officer’s presence, or if there is probable cause that a felony has been committed and the officer has probable cause to believe the person to be arrested committed the felony. (Penal Code § 836). # Is immune from civil liability for false arrest if, at the time of arrest, the officer had probable cause to believe the arrest was lawful.
Persons are required to comply with certain instructions given by a peace officer, and certain acts (e.g., battery) committed against a peace officer carry more severe penalties than the same acts against a private person. It is unlawful to resist, delay, or obstruct a peace officer in the course of the officer’s duties (Penal Code § 148
New York State
New York State grants peace officers very specific powers under NYS Criminal Procedure Law, that they may make warrantlessWarrant (law)
Most often, the term warrant refers to a specific type of authorization; a writ issued by a competent officer, usually a judge or magistrate, which permits an otherwise illegal act that would violate individual rights and affords the person executing the writ protection from damages if the act is...
arrest
Arrest
An arrest is the act of depriving a person of his or her liberty usually in relation to the purported investigation and prevention of crime and presenting into the criminal justice system or harm to oneself or others...
s, use physical and deadly force, and issue summons
Summons
Legally, a summons is a legal document issued by a court or by an administrative agency of government for various purposes.-Judicial summons:...
es under section 2.20 of that law.
There is a full list of peace officers under Section 2.10 of that law. Below are some examples.
- That state has law enforcement agencies contained within existing executive branchExecutive (government)Executive branch of Government is the part of government that has sole authority and responsibility for the daily administration of the state bureaucracy. The division of power into separate branches of government is central to the idea of the separation of powers.In many countries, the term...
departments that employ sworn peace officers to investigate and enforce laws specifically related to the department. Most often, these departments employ sworn Investigators (separate from the New York State Police) that have state-wide investigative authority pursuant to the departments mission. - The New York State Bureau of Narcotic Enforcement (BNE) is a state investigative agency housed under the State Department of Health. Narcotic Investigators with the Bureau of Narcotic Enforcement are sworn peace officers who carry firearms, make arrests, and enforce the New York State Controlled Substances Act, New York State Penal Law, and New York State Public Health Law.
- The New York State Department of Taxation and Finance employs sworn peace officers as Excise Tax Investigators and Revenue Crimes Investigators. These State Investigators carry firearms, make arrests, and enforce New York State Penal Law related to tax evasion and other crimes. Excise Tax Investigators may execute Search Warrants.
- The New York State Department of Motor VehiclesNew York State Department of Motor VehiclesThe New York State Department of Motor Vehicles is the governmental agency responsible for registering and inspecting automobiles and other motor vehicles as well as NYS Enhanced Driver License/Driver License and Enhanced Non-Driver Photo ID Card/Non-Driver Photo ID Card in the U.S...
(DMV) Division of Field Investigation also employ sworn peace officers as State Investigators. All DMV Investigators carry Glock 23 firearms and enforce New York State Penal Law and Vehicle and Traffic Law. The DMV Division of Field Investigation investigates auto theft, odometer tampering, fraudulent documents and identity theft crimes. - Private corporations can also register their employees as peace officers with the state Division of Criminal Justice Services. One example is the resident-owned RiverBay Corporation's Co-op City Department of Public SafetyCo-op City Department of Public SafetyThe Co-op City Department of Public Safety is a security police force in the Bronx borough of New York City whose duties are to protect the property and citizens of Co-op City, and to enforce state and city laws on Co-op City property...
in New York City which, , employs more than 100 public safety officers that are sworn as Special Patrolmen. - Auxiliary Police officers in New York State are registered as peace officers with the Division of Criminal Justice (DCJS). One example is the NYPD Auxiliary PoliceNYPD Auxiliary PoliceThe New York City Police Department Auxiliary Police is an unpaid, unarmed reserve police force which is a subdivision of the Patrol Services Bureau of the New York City Police Department. Auxiliary Police officers assist the NYPD with uniformed patrols and provide traffic and crowd control at...
in New York City which, as of 2008, has more than 4,500 Auxiliary Police officers who are registered by DCJS as "Part Time Peace Officers without Firearms Training", and are registered as peace officers in the DCJS registry of peace officers.
Texas
Texas Statutes, Code of Criminal Procedure, Art. 2.12, provides:See also
- Alberta SheriffAlberta SheriffAlberta Sheriffs are provincial peace officers appointed by the Ministry of Solicitor General and Public Security of Alberta, Canada, under the authority of the Peace Officer Act. Sheriffs are Alberta peace officers and carry sidearms....
- Canadian Forces Military PoliceCanadian Forces Military PoliceThe Canadian Forces Military Police provide military police services to the Canadian Forces.Canadian Military Police are unusual in that they are classified as Peace Officers in the Criminal Code of Canada, which gives them the same powers as civilian law enforcement personnel to enforce Acts of...
- Co-op City Department of Public SafetyCo-op City Department of Public SafetyThe Co-op City Department of Public Safety is a security police force in the Bronx borough of New York City whose duties are to protect the property and citizens of Co-op City, and to enforce state and city laws on Co-op City property...
- New York City Department of Health and Hospitals PoliceNew York City Department of Health and Hospitals PoliceThe New York City Department of Health and Hospitals Police is a law enforcement agency in New York City that's duties are to provide police and security services to hospitals operated by the New York City Health and Hospitals Corporation , and to enforce state and city laws at hospitals operated...
- New York City Parks Enforcement PatrolNew York City Parks Enforcement PatrolThe New York City Department of Parks and Recreation maintains a specialized unit of full time and seasonal uniformed peace officers who enforce department rules and regulations, as well as New York State laws within the jurisdiction of New York City parks. Established in 1981, NYC Parks...
- New York City Police Department Auxiliary Police