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davidtrump

Law Enforcement Officers in California and New York State

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California
Sections 830 through 831.7 of the California Penal Code 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])
Inspectors or investigators employed in the office of a district attorney. (§ 830.1[a])
The California Attorney General and special agents and investigators of the California Department of Justice. (§ 830.1)
Members of the California Highway Patrol. (§ 830.2[a])
Special agents of the California Department of Corrections and Rehabilitation. (§ 830.2[d])
California State Park Peace Officers (§ 830.2[f])
Investigators of the California Department of Alcoholic Beverage Control. (§ 830.2[h])
Cal Expo Police Officers (§ 830.2)
Investigators of the California Department of Motor Vehicles. (§ 830.3[c])
The State Fire Marshal and assistant or deputy state fire marshals. (§ 830.3[e])
Fraud investigators of the California Department of Insurance. (§ 830.3)
Investigators of the Employment Development Department. (§ 830.3[q])
A person designated by a local agency as a Park Ranger (§ 830.31)
Members of the University of California Police Department, California State University Police Department or of a California Community College Police Department. (§ 830.2 &[c]/ 830.32 [a])
Members of the San Francisco Bay Area Rapid Transit District Police Department. (§ 830.33 [a])
Any railroad police officer commissioned by the Governor. (§ 830.33 [e] )
Welfare fraud Investigators of the California Department of Social Services. (§ 830.35[a])
County coroners and deputy coroners. (§ 830.35[c])
Firefighter/Security Officers of the California Military Department. (§ PC 830.37)
Hospital Police Officers with the California Department of State Hospitals (used to be California Department of Mental Health) and the California Department of Developmental Services (§ 830.38)
County Probation Officers, County Deputy Probation Officers, Parole officers and correctional officers of the California Department of Corrections and Rehabilitation. (§ 830.5 [a]&)
A security officer for a private university or college deputized or appointed as a reserve deputy sheriff or police officer. (§ 830.75)

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]).

 

New York State
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.

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 branch 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 statewide 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 Vehicles (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 New York Vehicle and Traffic Law. The DMV Division of Field Investigation investigates auto theft, odometer tampering, fraudulent documents and identity theft crimes

Edited by davidtrump

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