February 8, 2010 |
2010-R-0042 | |
PEACE OFFICERS | ||
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By: Veronica Rose, Principal Analyst | ||
You asked if other states include secret service and other federal law enforcement officers in their definition of “peace officer”.
Connecticut law includes federal narcotics officers, but no other federal law enforcement officer, in the penal code definition of peace officers (CGS § 53a-3(9)). Several of the 43 states whose laws we researched either do not define “peace officer” or define the term only for a narrow, very specific purpose, such as retirement benefits or workers' compensation.
Ten of these states include federal law enforcement officers in the definition of peace officers for law enforcement purposes. These are: Arizona, Colorado, Illinois, Kentucky, New Mexico, North Dakota, Oklahoma, Rhode Island, South Dakota, and Utah. Some of these states limit the federal officers classified as peace officers. Almost all include law enforcement officers from the following agencies authorized by law to carry firearms and make arrests: Secret Service, Bureau of Alcohol Tobacco and Firearms (BATF), Drug Enforcement Administration (DEA), Federal Bureau of Investigation (FBI), Immigration and Naturalization Service (INS), Internal Revenue Service (IRS), and United States Postal Service (USPS).
With minor exceptions, states that do not include federal law enforcement officers in the definition of peace officers give them some peace officer powers, which, in some cases, are almost identical to their authority in states that include them as peace officers. (Peace officer powers include the power to arrest without a warrant, conduct warrantless searches, and use physical and deadly force in making arrests to prevent an escape.) The states that do not include federal law enforcement officers in the definition of peace officers but give them peace officer authority include Delaware, Idaho, New York, Oregon, and Texas.
California explicitly excludes federal law enforcement officers from the definition of peace officer. But under a separate provision, duly authorized federal employees who comply with training requirements are defined as peace officers when enforcing state or local laws on U.S. government, or adjacent, property, provided they have the written consent of the sheriff or police chief of the jurisdiction where the property is situated (Cal. Pen. Code, § 830.8).
Typically, federal law enforcement officers are subject to certain limitations, whether they are in states that define them as peace officers or states that do not define them as such but give them peace officer authority, and they may perform as peace officers only to the extent and under circumstances authorized by law. These include situations in which (1) a felony is, or is about to be, committed; (2) the officers witness crimes being committed; or (3) they are helping a state peace officer. Some states, such as California and Florida, require that the federal officers meet training requirements before they exercise peace officer powers. In Arizona, they must be certified as peace officers by an appropriate state and federal agency.
Attachment 1 shows the status of federal law enforcement officers in 43 states.
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Attachment 1: Peace Officer Status of Federal Law Enforcement Officers in Select States
State |
Defines Federal Law Enforcement Officers as Peace Officer |
The Federal Officers Defined as Peace Officers or Authorized to Exercise Peace Officer Powers |
Powers States Give to Federal Law Enforcement Officers |
Statutory Citation |
Alabama |
No (except for security officer licensing) |
NA |
NA |
Ala. Code §§ 36-21-60 & 34-27C-1 |
Alaska |
No (except for U.S. marshals) |
U.S. marshals |
May arrest without warrant in specified circumstances |
Alaska Stat. § 01.10.060 |
Arizona |
Yes (when appropriately certified by state and federal agency) |
Officers of the following agencies who complete required training and are certified as peace officers by the state and relevant federal agency: ● Secret Service ● DEA ● FBI ● INS ● Army Criminal -Investigation Div. ● Navy Criminal -Investigation Service. ● Air Force Office of Special Investigation ● USPS ● Customs |
May possess and exercise all “law enforcement powers of peace officer” including the power to enforce state criminal laws, in the state under one-year renewable agreement |
Ariz. Rev. Stat. §§ 13-3875 & 13-3883 |
Arkansas |
Does not define peace officers (but authorizes federal law enforcement officers to arrest for state law violations to the same extent as state law enforcement officials) |
Full-time federal law enforcement officers employed by the following agencies who have federal arrest powers and authority to carry firearms: ● Secret Service ● FBI ● INS ● DEA ● U.S. marshals ● USPS ● Customs ● General Services Administration ● Agriculture (DOA) ● BATF ● IRS ● Interior Department ● Federal drug task force |
Empowered to act as officers for the arrest of state law violators to the same extent and under the same circumstances as certified state law enforcement officers |
Ark. Code Ann. § 16-81-106(g) &(h) |
California |
No (except for federal employees who meet training requirements) |
Duly authorized federal employees who satisfy training requirements |
Federal criminal investigators and law enforcement officers are not peace officers but may exercise arrest powers in specified situations if they have been certified by their agency head and meet training requirements Duly authorized federal employees who comply with training requirements are peace officers when enforcing state or local laws on U.S. government property or on adjacent property, provided they have the written consent of the sheriff or chief of police in the jurisdiction where the property is situated |
Cal. Pen. Code § 830.8 |
Colorado |
Yes |
Law enforcement officers authorized by federal law or employing agency to use deadly physical force in the performance of their duties |
Authorized to act in any situation in which a felony or misdemeanor was or is being committed in their presence |
Colo. Rev. Stat. §§ 16-2.5-101 & 16-3-110 |
Delaware |
No |
Sworn federal law enforcement officers with arrest authority |
Have arrest powers; have the same legal status and immunity as Delaware state police when arresting for state law violation only if (1) arresting for a felony they witnessed or (2) helping a peace officer who asks |
Del. Code Ann. tit. 11 §§ 1901 & 1912 |
Florida |
Does not define peace officers (but gives federal law enforcement officers some peace officer powers) |
Full-time federal law enforcement officers who meet training requirements and are authorized to carry firearms and arrest for federal law violations |
May, while performing federal law enforcement duties, arrest for felony or misdemeanor violations committed in their presence; use reasonable force to apprehend fleeing felons; conduct warrantless searches in above cases; and possess firearms and seize weapons to protect themselves |
Fla. Stat. Ann. § 901.1505 |
Georgia |
No |
NA |
NA |
Ga. Code Ann. §§ 35-8-2; 17-4-20; & 35-2-14 |
Idaho |
No |
NA |
NA |
Idaho Code Ann. §§ 37-2701; 19-510; 6-808; 18-8102; 19-5101; 72-1103; & Ch. 51, tit. 19 |
Illinois |
Yes (for purposes specified in law) |
Officers authorized by federal law to make arrest for federal violations ● Secret Service ● FBI ● DEA ● INS ● Treasury ● DOA ● ATF ● Customs Service ● IRS ● U.S. General Services Admin. ● USPS ● U.S. Marshals Service |
Federal law enforcement officers are deemed peace officers when (1) enforcing certain firearm laws (2) helping Illinois police make arrests, or (3) they observe a felony being committed; officers have immunity while performing as peace officer |
720 ILCS § 5/2-13 |
Indiana |
Does not define peace officer (but federal law enforcement officials are “federal enforcement officers” and have arrest powers) |
Full-time federal enforcement officers from the following agencies who are empowered to make arrests for federal law violations and carry firearms in the performance of their duties: ● Secret Service ● U.S. Marshals Service ● FBI ● U.S. Fish and Wildlife Service ● DEA ● BATF ● U.S. Forest Service ● Department of Defense ● Customs Service ● USPS ● National Park Service ● DOA ● INS ● Other agencies (if employee authorized to carry firearms on duty) |
May arrest for felonies committed or about to be committed in their presence |
Ind. Code Ann. §§ 35-41-1-17 & 35-33-1-1 |
Iowa |
No (but federal law enforcement officers have some peace officer powers) |
Full-time federal law enforcement officers empowered to make arrests for violation of federal law and carry firearms in the performance of their duties |
May arrest for state law violations; have the same authority and immunity from suit as Iowa peace officer when making arrest for such crimes in specified circumstances |
|
Kansas |
Does not define peace officers (but FBI agents have arrest powers) |
FBI agents empowered to arrest without a warrant for federal law violations and carry firearms in the performance of their duties |
May arrest without a warrant in specified cases |
Kansas Stat. Ann. §§ 21-3110 & 22-2411 |
Kentucky |
Yes |
Federal law enforcement officers and investigators from the following agencies who have arrest powers and live in Kentucky: ● Secret Service ● FBI ● U.S. Marshals ● DEA ● BATF ● U.S. Forest Service ● Inspector General's Office law enforcement officers and special agents ● DOA ● Customs service |
Have the same powers and duties as Kentucky peace officers, but they cannot serve process |
Ky. Rev. Stat. Ann. § 61.365 |
Louisiana |
No (except for provision on crimes against peace officers) |
NA |
FBI agents may raise the defense of qualified immunity if (1) arresting for a felony in progress under state law or (2) helping a Louisiana peace officer |
La. Rev. Stat. Ann. §§ 40:2402; 14:30; & 15:642 |
Maine |
No definition (exception for purposes of the election laws, but the law defines federal officers as law enforcement officers for some purposes and specifically excludes them from the definition for other purposes) |
Officers employed by the following agencies and authorized to carry firearms in the performance of their duties, provided (1) they are trained in Maine criminal law on the use of force, (2) the agencies develop policies governing their training, and (3) the Maine Criminal Justice Academy approves the policies: ● Secret Service ● INS ● Justice Department ● Border Patrol ● Customs Service |
Authorized to enforce state law in specified situations; in such cases, they have the same immunities as the State Police |
Me. Rev. Stat.. 21-A § 1 & 25 § 1502-A |
Maryland |
No (except that Homeland Security and Secret Service agents are peace officers for a very limited purpose, and other federal law enforcement officers have some police powers) |
1. Federal law enforcement officers authorized to make arrests and carry firearms in the performance of their duties |
May make arrest and execute search warrants under state law in specified situations and have the same legal status, protections, and immunity as Maryland police |
Md. Code Ann. §§ 2-104 & 10-620 |
Michigan |
Does not include federal law enforcement officers in peace officer definition, but they are law enforcement officers under the Penal Code |
Federal officers authorized to arrest for federal law violations and carry firearms in the performance of their duties |
May enforce state law to the same extent as state or local officer under specified conditions |
Mich. Comp. Laws Ann. §§ 750.528; 761.1; 764.15d, 750.215; & 780.951 |
Minnesota |
No (but, in specified situations, they have the same authority to arrest and hold person in custody as peace officer) |
Federal officials from the following agencies who are authorized to arrest for federal law violations: ● Secret Service ● DEA ● FBI ● U.S. Marshals ● BATF ● INS |
Have the same authority to arrest and hold person in custody as state peace officers, in specified situations, when on duty and acting at the request of a state peace officer. (A separate provision allows Customs Service and INS agents to arrest without a warrant.) |
Minn. Stat. § 626.77 |
Mississippi |
No (except for provision governing killing a peace officer; also law gives federal officers some police powers) |
Federal officials authorized to enforce federal laws and carry firearms in the performance of their duties |
May carry firearms, make arrests, and make searches in specified situations |
Miss. Code Ann. §§ 99-3-1; 99-3-2; 97-3-19; & 45-63 |
Missouri |
No (but they are law enforcement officers under the criminal code) |
Federal law enforcement officers authorized to carry firearms and arrest without a warrant |
May arrest without warrant in specified cases; have same authority as Missouri police in such cases |
Mo. Rev. Stat. §§ 590.010; 42.261, 556.061; & 70.820 |
Montana |
No |
Customs and INS officers |
Customs or INS officers may arrest without warrant for crime or attempt to commit crime in specified situations |
Mont. Code Ann. §§ 19-8-101; 46-1-202; 46-6-412; 45-2-101; 7-32-303; & 53-21-102 |
Nebraska |
No (but they are defined as law enforcement officers for a limited specific purpose) |
Agents of the following agencies: ● Secret Service ● FBI ● DEA ● U.S. Marshals Service ● BATF ● Treasury ● Customs Service ● Justice Department ● IRS |
May enforce certain laws pertaining to electronic communications |
|
Nevada |
No (but some officers may arrest without a warrant under certain circumstances) |
● FBI ● Secret Service ● DEA |
May arrest without a warrant in specified cases |
Nev. Rev. Stat. Ann. §§ 289.150, 171.1245; & 171.124 |
New Jersey |
No general definition (but federal law enforcement officers are empowered to act as “officers” in some situations) |
Full-time law enforcement officers from the specified agency who are authorized to arrest without warrant for federal law violations and carry firearms in the performance of their duties: ● Secret Service ● FBI ● INS ● U.S. Marshals Service ● DEA ● USPS ● Customs Service ● General Services Administration ● DOA ● BATF ● IRS ● Interior Department |
May arrest for 1st, 2nd, and 3rd degree state law violations committed or attempted in their presence |
N.J. Stat. Ann. § 2A-154-5 |
New Mexico |
Yes |
All duly commissioned federal law enforcement officers employed by: ● Secret Service ● FBI ● DEA ● BATF ● Customs Service ● INS ● U.S. Marshals Service ● USPS ● U.S. Probation Department ● U.S Pretrial Services Agency ● Other appropriate agencies whose officers primary duty is “law enforcement related” (on a case-by-case basis) |
Have all the powers of peace officers, including the power to arrest for state law violations |
N.M. Stat. Ann. § 29-1-11 |
New York |
No (but have many peace officer powers) |
Federal law enforcement officers employed by the following agencies: ● Secret Service ● FBI ● INS ● U.S. Marshals Service ● DEA ● Federal Protective Officers ● Customs Service ● USPS ● U.S. Park police ● Parole Officers ● General Services Administration ● DOA ● BATF ● IRS ● Bureau of Prisons ● Fish and Wildlife ● Naval Investigative Service ● Department of State ● Department of Defense ● Department of Commerce |
May make arrests (including warrantless arrests under specified conditions), use physical and deadly force in making arrests or to prevent escape, conduct warrantless searches, and seize firearms |
|
North Carolina |
No (but have some peace officer powers) |
Full-time federal law enforcement officers from the following agencies authorized to carry firearms in the performance of their duties: ● Secret Service ● FBI ● BATF ● U.S. Naval Investigative Services ● DEA ● Customs Services ● USPS ● IRS ● U.S. Marshals Service ● U.S. Forest Service ● National Park Service ● U.S. Fish and Wildlife Service ● INS |
May enforce criminal laws statewide if asked by head of state or local law enforcement agency in defined circumstances; when performing such duties, they have the same powers and immunities as North Carolina police |
N.C. Gen. Stat. § 15A-406 |
North Dakota |
Yes, FBI and DEA agents (Customs and INS agents also have arrest powers, but they do not appear to be defined as peace officers) |
FBI and DEA agents authorized to make arrest for federal violations and carry firearms |
May make arrests in specified situations |
N.D. Cent. Code §§ 29-05-10; 12.1-01-04; & 29-06-01, et seq. |
Ohio |
No |
Federal law enforcement officers authorized to arrest for federal law violations |
May make arrests in specified cases; when performing official duties, have the same immunity from liability as Ohio police if performing in accordance with state law. (Also Customs Service and INS agents are specifically authorized to make arrests with or without warrant in specified cases) |
Ohio Rev. Code Ann. §§ 2935.01; 2935.04; & 9.88 |
Oklahoma |
Yes |
Full-time federal law enforcement officers authorized to make arrests for federal law violations |
Are empowered to act as peace officers enforcing state criminal laws under specified circumstances; in such cases, they have the same powers and duties, including arrest powers, as if employed by the law enforcement agency under whose investigatory or territorial jurisdiction they are serving |
Okla. Stat. Ann. 21 § 99 |
Oregon |
No (but federal officers have some peace officer powers) |
Any federal special agent or law enforcement officer certified as properly trained, empowered to arrest with or without a warrant for federal law violations; and authorized to carry firearms in the performance of their duties |
May make arrests in specified cases; officers making arrests for state offenses have the same immunities as Oregon officers |
Or. Rev. Stat. §§ 161.015 & 133.245 |
Rhode Island |
Yes |
Federal enforcement officers |
Peace officer powers |
R.I. Gen Laws § 12-7-21 |
South Carolina |
Does not define peace officer (except for a limited definition for correction employees, S.C. Code Ann. 24-1-280, but federal law enforcement officers have some peace officer powers) |
Full-time law enforcement officers from the following agencies authorized to carry firearms: ● Secret Service ● FBI ● BATF ● DEA ● Customs Service ● USPS ● IRS ● U.S. Marshals Service |
May enforce criminal laws under specified circumstances; in such cases, they have the same powers as South Carolina police |
S.C. Code Ann. § 23-1-212 |
South Dakota |
Yes |
Officers from the following agencies responsible for enforcing federal laws and authorized to arrest for federal law violations: ● Secret Service ● FBI ● DEA ● U.S. Marshal Service ● IRS ● BATF ● Fish and Wildlife Service |
May make arrest for state crimes under specified circumstances; have the same authority as state or local law enforcement officers in such cases |
S.D. Codified Laws §§ 23A-45-9; 23A-3-25; & 23A-3-24 |
Tennessee |
No (except for security officer licensing statutes, but they have arrest powers for felonies) |
Sworn federal officers authorized to make arrests |
Have the same legal status and immunities as state or local law enforcement officers when making arrest for nonfederal offenses inspecified cases |
Tenn. Code Ann. §§ 62-35-102(18) & 38-3-113 |
Texas |
No (but they have search, seizure, and arrest powers for felonies) |
Criminal investigators employed by the following agencies: ● Secret Service ● FBI ● Customs Service ● BATF ● DEA ● USPS ● IRS ● U.S. Marshals Service ● U.S. Naval Investigative Service ● INS ● Dept. of State ● General Services Admin. ● Others |
Have arrest, search, and seizure powers only for felony offenses under Texas law |
Tex. Code Crim. Proc. § 2.122 |
Utah |
Yes, but only as specifically authorized by law |
Federal officers include officers employed by the following: ● Secret Service ● FBI ● Customs Service ● BATF ● DEA ● U.S. Marshals Office ● USPS ● Other designees who meet criteria |
Have statewide law enforcement authority with regard to felonies; may exercise such authority only if the state law enforcement agencies and county sheriffs with jurisdiction enter into agreement with the federal agency to give authority and the officers meet waiver requirements in statute, if they started working in the state after July 1, 1995 |
Utah Code Ann. §§ 53-13-102; 53-13-106; & 53-1-102 |
Vermont |
Does not define peace officer (but federal officers have some police powers) |
Federal law enforcement officers employed by the following agencies and who (1) complete Vermont laws and criminal procedure course (2) are certified by the public safety commissioner, and (3) take an oath to uphold Vermont Constitution: ● INS ● DOJ ● Customs Service ● Treasury ● Justice |
May arrest for state law violations, in specified cases; in these cases, they have the same immunity and liability as Vermont officers |
VT. Stat. Ann. 20 § 2222 |
Virginia |
Does not define peace officers (but defines certain federal officers as “conservators of the peace” and gives them some police powers) |
Special agents or law enforcement agents of the following federal agencies while performing official duties: ● DOJ ● Commerce ● Treasury ● Agriculture ● Defense ● State ● Interior ● USPS ● U.S. Marshals ● Labor (criminal investigator) ● Naval Criminal Investigative Service |
May arrest without a warrant in specified situations |
|
West Virginia |
No (but have some law enforcement powers) |
Federal law enforcement officers from the following agencies authorized to carry firearms while performing their duties: ● Secret Service ● FBI ● DEA ● US Marshals Service ● USPS ● IRS ● BATF ● FBI ● National Park Service |
Have the same authority to enforce state laws, with minor exceptions, and are subject to the same exemptions and immunities as state or local police in specified cases |
W. Va. Code § 15-10-5 |
Wisconsin |
Unclear* |
NA |
Federal law enforcement officer performing official duties may make arrest for felony and may assist Wisconsin law enforcement officers who ask for help; in such cases, they have same immunities as Wisconsin officers |
Wis. Stat. §§ 175.40 & 939.22(22) |
Source: Compiled from state statutes
* The law defines “peace officer” as anyone vested by law with a duty to maintain public order or to make arrests for crime, whether that duty extends to all crimes or is limited to specific crimes (Wis. Stat. § 939.22(22)). The definition appears broad enough to encompass federal officers.