Auxiliary Law Enforcement Officer Florida


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Law enforcement officers are responsible for maintaining order, ensuring the safety and protection of citizens and their property, and enforcing motor vehicle laws and criminal laws. Auxiliary officers assist full-time officers and help prevent, detect and investigate crimes, arrest offenders, direct traffic and, possibly, assist with law enforcement. The Post-Secondary Professional Education in Law Enforcement program provides training as a part-time law enforcement officer. The program has established eligibility criteria. Auxiliary officers have the authority of a law enforcement officer when acting under the direction and supervision of a full-time officer. Auxiliary officers wear uniforms and insignia similar to those of full-time officers and are authorized to carry a firearm on duty. Auxiliary officers accompany officers on patrol to provide assistance and assist them in their normal duties. Auxiliary officers who have successfully completed additional field training are eligible to perform solo patrol and traffic enforcement duties in assigned areas as directed by the on-duty patrol sergeant. The Crestview Police Department also maintains a unit of part-time officers. Although they are also volunteers, part-time public servants (also known as reserve officers) are individuals who have full certification as state law enforcement officers. Part-time civil servants have full powers of arrest and the same level of authority as full-time civil servants. Most law enforcement agencies in Florida maintain an auxiliary unit, also known as reserve officers. These officers strengthen full-time officers in a variety of functions.

Mr. Fred O. Dickinson III Executive Director Department of Road Safety and Motor Vehicles Kirkman Building 2900 Apalachee Parkway Tallahassee, Florida 32399-0500 RE: LAW ENFORCEMENT OFFICERS —ROAD SAFETY AND MOTOR VEHICLES, DEPARTMENT OF—Powers to arrest auxiliary law enforcement officers, when they are full-time or part-time law enforcement officers who are not in physical vicinity. ß. 321.24 and 943.10(8), F.S. Dear M. Dickinson, Based on recent events, you asked me orally for my opinion on the following question: Can a deputy officer make arrests if a full-time or part-time law enforcement officer is not in physical proximity? In summary: While s. Subsection 943.10(8), F.S., requires that an assistant officer be under the direct supervision of a full-time or part-time law enforcement officer when making arrests or performing law enforcement duties, the term «direct supervision» does not appear to require physical proximity to the screening officer, but could be achieved through the use of telecommunications technology. Subsection 943.10(8) defines «law enforcement officer» as «[a] person employed or appointed, with or without remuneration, who assists or assists a full-time or part-time law enforcement officer and who, under the direct supervision of a full-time or part-time enforcement officer, has the power to stop and perform law enforcement functions.» (i.e.) The law does not define «direct surveillance». Although the term «direct supervision» has been defined for some professional professions such as dentists[1], these definitions do not seem to control.

In Stanford v. Staat[2], the District Court expressly dismissed an action that the definition of direct supervision in the context of a regulated enterprise was applicable to law enforcement officers in the day-to-day performance of their duties. [3] In considering the term «direct supervision» applied to law enforcement officers, the Stanford Court noted: «Given the requirements inherent in the law enforcement profession, we conclude that the requirement that auxiliary officers work while they are `under direct supervision` or `within the business and under the direct control` of a full-time or part-time law enforcement officer, is completed as long as the assistant officer is directly accountable to a full-time or part-time law enforcement agency. An officer who is in the vicinity of the crime scene and has ultimate control of the situation. The degree of prudential supervision required depends on the needs arising from the circumstances. The Stanford court upheld the arrest by a deputy agent, although the deputy agent was not visible to his screening officer at the time. Thus, the term «direct supervision» for law enforcement purposes has not been defined by the courts as requiring visual contact between the deputy officer and the screening officer. With advances in technology, direct monitoring by a screening officer would not necessarily require physical proximity to the screening officer, but could be achieved through the use of telecommunications technology, provided that the final control of the situation rests with a full-time or part-time law enforcement officer. In addition, it appears that the standards for assistant officers have been strengthened since the publication of the Stanford Declaration. [4] I note that see 321.24, F.S., authorizes the director of the Florida Highway Patrol to establish an auxiliary force for the patrol, consisting of persons who may volunteer as auxiliaries for the patrol. Although the law provides that these volunteers have the power to bear arms, «nothing herein shall be construed as authorizing a member of the charity to make arrests.» [5] Section 321.24 was adopted in 1957 and amended only once. [6] Section 321.24, F.S.A., does not prescribe specific qualifications for these volunteers.

They are individually approved. Upon completion of a firearms course and curriculum approved by the Patrol Director, they serve under the supervision of the Director or a member of the patrol to assist the Patrol in carrying out its regularly designated duties. In contrast, law enforcement assistants must meet strict standards of qualification and training to serve as law enforcement assistants under Section 943, F.S. While section 321.24 does not authorize «auxiliary personnel» to make arrests, I find nothing in this legislation that would prevent a certified auxiliary law officer serving on patrol from making arrests under the direct supervision of a full-time or part-time Florida law enforcement officer. Highway patrol. This office has been advised that the auxiliary personnel serving in the patrol are certified law enforcement auxiliary officers. Thus, in my view, those officers would be empowered to make arrests under the direct supervision of a full-time or part-time officer of the patrol. Sincerely, Robert A. Butterworth Attorney General RAB/tjw ———————————————————- [1] See s.

466.003(8), F.S. And see, see 463.002(7) (easy availability or physical presence of the optician); p. 484.002(5) (optician); p. 484.0445(2) (hearing care professional); 486.021(9) (physiotherapists); see 468.301(6) (radiology technologists); p. 468.352(3) (respiratory therapists), F.S. comparisons p. 468.1125(9), F.S. (1992 supp.) (Direct supervision requires the physical presence of the licensed speech-language pathologist or audiologist to consult and guide the assistant «unless the assistant acts in accordance with the protocols established by the board.») [2] 415 Sun.2d 879 (1 D.C.A. Fla., 1982). [3] The complainants had argued that the stop and search by the auxiliary police officer based on the decision in Piperato v. Zuelch, 395 So.2d 1231 (3 D.C.A. Fla., 1981), concerning direct care for tattoo artists.

[4] Compare § 943.13, F.S. 1981, which establishes minimum standards for full-time law enforcement officers, with § 943.13, F.S. 1993, which sets minimum standards not only for full-time law enforcement officers, but also for part-time law enforcement officers and law enforcement auxiliary officers. [5] Section 321.24(4), F.S. [6] See ss. 1-4, chap. II. 57-96, Laws of Florida, as amended by p.

1, chap. II. 71-15, Laws of Florida. The 1971 amendment allowed these volunteers to bear arms. Graduates are able to serve as volunteer law enforcement officers on a part-time basis.

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