A law enforcement officer (LEO), [1] or police officer or peace officer in North American English, is a public-sector or private-sector employee whose duties primarily involve the enforcement of laws, protecting life & property, keeping the peace, and other public safety related duties. Law enforcement officers are designated certain powers & authority by law to allow them to carry out their responsibilities.
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"[ citation needed ] who can arrest, or refer such arrest for a criminal prosecution. Security officers may enforce certain laws and administrative regulations, which may include detainment or apprehension authority, including arresting in some jurisdictions. Peace officers may also be able to perform all duties that a law enforcement officer is tasked with, but may or may not be armed with a weapon.[ citation needed ] The term peace officer in some jurisdictions is interchangeable with law enforcement officer or police officer, but in others peace officer is a totally separate legal designation with quasi-police powers.
In Canada, the Criminal Code (R.S., c. C-34, s. 2.) defines a peace officer as:
Peace officer includes
- (a) a mayor, warden, reeve, sheriff, deputy sheriff, sheriff's officer, and justice of the peace,
- (b) a member of the Correctional Service of Canada who is designated as a peace officer pursuant to Part I of the Corrections and Conditional Release Act, and a warden, deputy warden, instructor, keeper, jailer, guard and any other officer or permanent employee of a prison other than a penitentiary as defined in Part I of the Corrections and Conditional Release Act,
- (c) a police officer, police constable, bailiff, constable, or other person employed for the preservation and maintenance of the public peace or the service or execution of civil process,
- (d) an officer within the meaning of the Customs Act, the Excise Act or the Excise Act, 2001, or a person having the powers of such an officer, when performing any duty in the administration of any of those Acts,
- (d.1) an officer authorized under subsection 138(1) of the Immigration and Refugee Protection Act ,
- (e) a person designated as a fishery guardian under the Fisheries Act when performing any duties or functions under that Act and a person designated as a fishery officer under the Fisheries Act when performing any duties or functions under that Act or the Coastal Fisheries Protection Act,
- (f) the pilot in command of an aircraft
- (i) registered in Canada under regulations made under the Aeronautics Act , or
- (ii) leased without crew and operated by a person who is qualified under regulations made under the Aeronautics Act to be registered as the owner of an aircraft registered in Canada under those regulations, while the aircraft is in flight, and
- (g) officers and non-commissioned members of the Canadian Forces who are
- (i) appointed for the purposes of section 156 of the National Defence Act , (Military Police) or
- (ii) employed on duties that the Governor in Council, in regulations made under the National Defence Act for this paragraph, has prescribed to be of such a kind as to necessitate that the officers and non-commissioned members performing them have the powers of peace officers;
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: [2]
*10. The Commissioner may in writing designate any staff member, either by name or by class, to be a peace officer, and a staff member so designated has all the powers, authority, protection and privileges that a peace officer has by law in respect of
- (a) an offender subject to a warrant or an order for long-term supervision; and
- (b) any person, while the person is in a penitentiary.
Also, provincial legislatures can designate a class of officers (i.e. Conservation Officers, Park Rangers and Commercial Vehicle Safety and Enforcement) to be peace officers.
United States federal law enforcement personnel include but are not limited to the following: [3] [4]
In addition, many departments in the U.S. Federal Government contain Inspector Generals who are able to appoint criminal investigators to work under them.
For an exhaustive list of all federal law enforcement, you can find it on Federal law enforcement in the United States.
Arizona Revised Statutes defines a peace officer in Title 13, Section 105, as "any person vested by law with a duty to maintain public order and make arrests and includes a constable." Title 1, Section 215(27) enumerates those who are peace officers in the State of Arizona. It includes:
Arizona Revised Statutes 41-1823 states that except for duly elected or appointed sheriffs and constables, and probation officers in the course of their duties, no person may exercise the authority or perform the duties of a peace officer unless he is certified by the Arizona peace officers standards and training board.
Sections 830 through 831.7 of the California Penal Code [5] 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 subdivisions. Some peace officers require special permission to carry firearms. Powers are often limited to the 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 [8] that poses an immediate danger to a 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), [9] though such an arrest when an offense has not occurred leaves a private person open to criminal prosecution and civil liability for false arrest. A peace officer may:
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]). [11]
New York State grants peace officers very specific powers under NYS Criminal Procedure Law, that they may make warrantless arrests, use physical and deadly force, and issue summonses under section 2.20 of that law. [12]
There is a full list of peace officers under Section 2.10 of that law. [12] Below are some examples.
Texas Statutes, [13] Code of Criminal Procedure, Art. 2.12, provides:
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;
- (2) constables, deputy constables, and those reserve deputy constables who hold a permanent peace officer license issued under Chapter 1701, Occupations Code;
- (3) marshals or police officers of an incorporated city, town, or village, and those reserve municipal police officers who hold a permanent peace officer license issued under Chapter 1701, Occupations Code;
- (4) rangers and officers commissioned by the Public Safety Commission and the Director of the Department of Public Safety;
- (5) investigators of the district attorneys', criminal district attorneys', and county attorneys' offices;
- (6) law enforcement agents of the Texas Alcoholic Beverage Commission;
- (7) each member of an arson investigating unit commissioned by a city, a county, or the state;
- (8) officers commissioned under Section 37.081, Education Code, or Subchapter E, Chapter 51, Education Code;
- (9) officers commissioned by the General Services Commission;
- (10) law enforcement officers commissioned by the Parks and Wildlife Commission;
- (11) airport police officers commissioned by a city with a population of more than 1.18 million that operates an airport that serves commercial air carriers;
- (12) airport security personnel commissioned as peace officers by the governing body of any political subdivision of this state, other than a city described by Subdivision (11), that operates an airport that serves commercial air carriers;
- (13) municipal park and recreational patrolmen and security officers;
- (14) security officers and investigators commissioned as peace officers by the comptroller;
- (15) officers commissioned by a water control and improvement district under Section 49.216, Water Code;
- (16) officers commissioned by a board of trustees under Chapter 54, Transportation Code;
- (17) investigators commissioned by the Texas Medical Board;
- (18) officers commissioned by the board of managers of the Dallas County Hospital District, the Tarrant County Hospital District, or the Bexar County Hospital District under Section 281.057, Health and Safety Code;
- (19) county park rangers commissioned under Subchapter E, Chapter 351, Local Government Code;
- (20) investigators employed by the Texas Racing Commission;
- (21) officers commissioned under Chapter 554, Occupations Code;
- (22) officers commissioned by the governing body of a metropolitan rapid transit authority under Section 451.108, Transportation Code, or by a regional transportation authority under Section 452.110, Transportation Code;
- (23) investigators commissioned by the attorney general under Section 402.009, Government Code;
- (24) security officers and investigators commissioned as peace officers under Chapter 466, Government Code;
- (25) an officer employed by the Department of State Health Services under Section 431.2471, Health and Safety Code;
- (26) officers appointed by an appellate court under Subchapter F, Chapter 53, Government Code;
- (27) officers commissioned by the state fire marshal under Chapter 417, Government Code;
- (28) an investigator commissioned by the commissioner of insurance under Section 701.104, Insurance Code;
- (29) apprehension specialists and inspectors general commissioned by the Texas Youth Commission as officers under Sections 61.0451 and 61.0931, Human Resources Code;
- (30) officers appointed by the inspector general of the Texas Department of Criminal Justice under Section 493.019, Government Code;
- (31) investigators commissioned by the Commission on Law Enforcement Officer Standards and Education under Section 1701.160, Occupations Code;
- (32) commission investigators commissioned by the Texas Private Security Board under Section 1702.061(f), Occupations Code;
- (33) the fire marshal and any officers, inspectors, or investigators commissioned by an emergency services district under Chapter 775, Health and Safety Code;
- (34) officers commissioned by the State Board of Dental Examiners under Section 254.013, Occupations Code, subject to the limitations imposed by that section; and
- (35) investigators commissioned by the Texas Juvenile Probation Commission as officers under Section 141.055, Human Resources Code.
In the terminology of law, an assault is the act of causing physical harm or unwanted physical contact to another person, or, in some legal definitions, the threat or attempt to do so. It is both a crime and a tort and, therefore, may result in criminal prosecution, civil liability, or both. Additionally, assault is a criminal act in which a person intentionally causes fear of physical harm or offensive contact to another person. Assault can be committed with or without a weapon and can range from physical violence to threats of violence. Assault is frequently referred to as an attempt to commit battery, which is the deliberate use of physical force against another person. The deliberate inflicting of fear, apprehension, or terror is another definition of assault that can be found in several legal systems. Depending on the severity of the offense, assault may result in a fine, imprisonment, or even death.
Marshal is a term used in several official titles in various branches of society. As marshals became trusted members of the courts of Medieval Europe, the title grew in reputation. During the last few centuries, it has been used for elevated offices, such as in military rank and civilian law enforcement.
A citizen's arrest is an arrest made by a private citizen – a person who is not aging as a sworn law-enforcement official. In common law jurisdictions, the practice dates back to medieval England and the English common law, in which sheriffs encouraged ordinary citizens to help apprehend law breakers.
A fire marshal, in the United States and Canada, is often a member of a state, provincial or territorial government, but may be part of a building department or a separate department altogether. Fire marshals' duties vary but usually include fire code enforcement or investigating fires for origin and cause. Fire marshals may be sworn law enforcement officers and are often experienced firefighters. In larger cities with substantially developed fire departments the local fire departments are sometimes delegated some of the duties of the fire marshal.
Security police usually describes a law enforcement agency which focuses primarily on providing security and law enforcement services to particular areas or specific properties. They may be employed by governmental, public, or private institutions. Security police are generally considered distinct from security guards as security police personnel typically hold some level of law enforcement authority. The exact powers held by security police vary widely between jurisdictions. Examples of these types of agencies include the United States' DoD Police and FBI Police, the Indian Central Industrial Security Force, and the British Civil Nuclear Constabulary.
Special police usually describes a police force or unit within a such an agency whose duties and responsibilities are significantly different from other forces in the same country or from other personnel within the same agency, although there is no consistent international definition. Generally, special police personnel hold some level of police powers; sometimes they hold the same powers and authority of other law enforcement officers within their jurisdiction, but at a minimum they will typically possess detainment and arrest authority. 'Special police' is also occasionally used when referring to an 'elite' law enforcement agency or unit, such as special weapons and tactics (SWAT) units or other similar paramilitary forces who have some level of police power. 'Special police' may also be used to describe individuals who are granted police powers incidental to their primary duties, such as welfare fraud investigators, certain security guards, child welfare investigators, and agricultural inspectors. Special police personnel may be armed or unarmed.
The California State Police (CSP) was the state-level security police agency from 1887 to 1995 for the U.S. state of California. It merged with the California Highway Patrol in 1995.
The California Department of Corrections and Rehabilitation (CDCR) is the penal law enforcement agency of the government of California responsible for the operation of the California state prison and parole systems. Its headquarters are in Sacramento.
"Stop and identify" statutes are laws in several U.S. states that authorize police to lawfully order people whom they reasonably suspect of committing a crime to state their name. If there is not reasonable suspicion that a person has committed a crime, is committing a crime, or is about to commit a crime, the person is not required to identify himself or herself, even in these states.
The California Department of Alcoholic Beverage Control (ABC) is a government agency of the state of California that regulates the manufacture, distribution, and sale of alcoholic beverages.
The Law Enforcement Officers Safety Act (LEOSA) is a United States federal law, enacted in 2004, that allows two classes of persons—the "qualified law enforcement officer" and the "qualified retired or separated law enforcement officer"—to carry a concealed firearm in any jurisdiction in the United States, regardless of state or local laws, with certain exceptions.
In the U.S. state of Texas, a constable is an elected law enforcement officer for a precinct of a county. Counties may have between one and eight precincts each depending on their population.
In the United States, a sheriff is the chief of law enforcement of a county. Sheriffs are usually either elected by the populace or appointed by an elected body.
A security guard is a person employed by a government or private party to protect the employing party's assets from a variety of hazards by enforcing preventative measures. Security guards do this by maintaining a high-visibility presence to deter illegal and inappropriate actions, looking for signs of crime or other hazards, taking action to minimize damage, and reporting any incidents to their clients and emergency services, as appropriate.
Law enforcement in New York State is primarily conducted by Police Officers employed by State, City, County Police departments. A number of State, City, Educational, and private companies employ Peace/special patrolmen.
A private police force, or private police department, in the United States is a law enforcement agency that is:
A special constable or special police constable can refer to an auxiliary or part-time law enforcement officer or a person who is granted certain (special) police powers.
Firearm laws in Arizona regulate the sale, possession, and use of firearms and ammunition in the state of Arizona in the United States.
Refusing to assist a police officer, peace officer or other law enforcement officer is an offence in various jurisdictions around the world. Some jurisdictions use the terminology '"refusing to aid a police officer" or "failure to aid a police officer".
In the United States, there is no consistent use of the office of constable throughout the states; use may vary within a state. A constable may be an official responsible for service of process: such as summonses and subpoenas for people to appear in court in criminal and/or civil matters. They can also be fully empowered law enforcement officers. Constables may have additional specialized duties unique to the office. In some states the constable is an elected or appointed position at the state or local level of local government. Their jurisdiction can vary from statewide to county/parish and local township boundaries based on the state's laws.
Notes