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This subdivision does not apply

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June 02, 2005 01:24AM
California Penal Code 830.8 requires that BLM and USFS rangers have "written consent of the sheriff". Note that there are four "circumstances" where Feds may "exercise the powers of arrest", but those four "circumstances" are further qualified by the last paragraph of section 830.8(a) which begins "This subdivision does not apply..."

Below is the full text of sec. 830.8 (a). In my previous post I did not include the four "circumstances" as a way to emphasis "These officers have no authority to enforce California statutes without the written consent of the sheriff".


PENAL CODE SECTION 830.8

830.8. (a) Federal criminal investigators and law enforcement
officers are not California peace officers, but may exercise the
powers of arrest of a peace officer in any of the following
circumstances:

(1) Any circumstances specified in Section 836 or Section 5150 of
the Welfare and Institutions Code for violations of state or local
laws.
(2) When these investigators and law enforcement officers are
engaged in the enforcement of federal criminal laws and exercise the
arrest powers only incidental to the performance of these duties.
(3) When requested by a California law enforcement agency to be
involved in a joint task force or criminal investigation.
(4) When probable cause exists to believe that a public offense
that involves immediate danger to persons or property has just
occurred or is being committed.

In all of these instances, the provisions of Section 847 shall
apply. These investigators and law enforcement officers, prior to
the exercise of these arrest powers, shall have been certified by
their agency heads as having satisfied the training requirements of
Section 832, or the equivalent thereof.

This subdivision does not apply to federal officers of the Bureau
of Land Management or the Forest Service of the Department of
Agriculture. These officers have no authority to enforce California
statutes without the written consent of the sheriff or the chief of
police in whose jurisdiction they are assigned.

SubjectAuthorViewsPosted

Badge vs. Badge

katrina island 1039May 30, 2005 06:56PM

Re: Badge vs. Badge

Rick 681May 30, 2005 09:48PM

Re: Badge vs. Badge

celtfire 583May 30, 2005 11:57PM

Re: Badge vs. Badge

katrina island 596May 31, 2005 02:18PM

Re: Badge vs. Badge

Steamboat 628May 31, 2005 08:00PM

Re: Badge vs. Badge

Rick 569May 31, 2005 08:26PM

No authority without sheriff's consent

katrina island 658June 01, 2005 12:05PM

Re: No authority without sheriff's consent

Rick 622June 01, 2005 12:46PM

This subdivision does not apply

katrina island 785June 02, 2005 01:24AM

Re: This subdivision does not apply

Steamboat 651June 02, 2005 09:03AM

Re: This subdivision does not apply

Rick 616June 02, 2005 12:48PM

This is not a pissing match

katrina island 1057June 03, 2005 02:28AM



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