unusual notify - state patrol

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GWC
Posts: 4494
Joined: Fri Oct 07, 2005 12:12 pm
Location: Lake County 44077

Re: unusual notify - state patrol

Post by GWC »

If the state does not allow the patrol to act in a certain task force, that is a POLICY decision that has nothing to do with arrest authority. When Rhodes was Governor, they were used in riot control, and before the BCI was created they also did high profile investigations at the behest of the sitting governor. Policies can change in the blink of an eye.

The difference between LEO and everyone else is the authority to cite or arrest for MISDEMEANORS (of course, within their jurisdiction), because everyone may arrest for felonies.

If the Highway patrol were not LEO, they could not write traffic tickets. The Highway Patrol has limited jurisdiction, not limited powers. Their jurisdiction includes interstate highways, all state routes (which are highways, though people don't often think of them as such) and state owned real estate.

"Law enforcement officer" is a specific legal term with a statutory definition.

From the Ohio Revised Code

Chapter 2901: GENERAL PROVISIONS

(11) "Law enforcement officer" means any of the following:

(a) A sheriff, deputy sheriff, constable, police officer of a township or joint police district, marshal, deputy marshal, municipal police officer, member of a police force employed by a metropolitan housing authority under division (D) of section 3735.31 of the Revised Code, or state highway patrol trooper;

(b) An officer, agent, or employee of the state or any of its agencies, instrumentalities, or political subdivisions, upon whom, by statute, a duty to conserve the peace or to enforce all or certain laws is imposed and the authority to arrest violators is conferred, within the limits of that statutory duty and authority;

(c) A mayor, in the mayor's capacity as chief conservator of the peace within the mayor's municipal corporation;

(d) A member of an auxiliary police force organized by county, township, or municipal law enforcement authorities, within the scope of the member's appointment or commission;

(e) A person lawfully called pursuant to section 311.07 of the Revised Code to aid a sheriff in keeping the peace, for the purposes and during the time when the person is called;

(f) A person appointed by a mayor pursuant to section 737.01 of the Revised Code as a special patrolling officer during riot or emergency, for the purposes and during the time when the person is appointed;

(g) A member of the organized militia of this state or the armed forces of the United States, lawfully called to duty to aid civil authorities in keeping the peace or protect against domestic violence;

(h) A prosecuting attorney, assistant prosecuting attorney, secret service officer, or municipal prosecutor;

(i) A veterans' home police officer appointed under section 5907.02 of the Revised Code;

(j) A member of a police force employed by a regional transit authority under division (Y) of section 306.35 of the Revised Code;

(k) A special police officer employed by a port authority under section 4582.04 or 4582.28 of the Revised Code;

(l) The house of representatives sergeant at arms if the house of representatives sergeant at arms has arrest authority pursuant to division (E)(1) of section 101.311 of the Revised Code and an assistant house of representatives sergeant at arms;

(m) The senate sergeant at arms and an assistant senate sergeant at arms;

(n) A special police officer employed by a municipal corporation at a municipal airport, or other municipal air navigation facility, that has scheduled operations, as defined in section 119.3 of Title 14 of the Code of Federal Regulations, 14 C.F.R. 119.3 , as amended, and that is required to be under a security program and is governed by aviation security rules of the transportation security administration of the United States department of transportation as provided in Parts 1542. and 1544. of Title 49 of the Code of Federal Regulations, as amended.
"The police are not here to create disorder. They are here to preserve disorder".
Mayor Richard Daley, 1968

I am not a lawyer. Nothing I say or write is legal advice.
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