Law Enforcement Officer - United States - California

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,

1. Police; sheriffs, undersheriffs, and their deputies. (§ 830.1)
2. Inspectors or investigators employed in the office of a district attorney. (§ 830.1)
3. The California Attorney General and special agents and investigators of the California Department of Justice. (§ 830.1)
4. Members of the California Highway Patrol. (§ 830.2)
5. Members of the University of California Police Department or the California State University Police Department. (§ 830.2 &)
6. Special agents of the California Department of Corrections and Rehabilitation. (§ 830.2)
7. California State Park rangers. (§ 830.2)
8. Investigators of the California Department of Alcoholic Beverage Control. (§ 830.2)
9. Cal Expo Police Officers (§ 830.2)
10. Certain employees of the California Department of Motor Vehicles. (§ 830.3)
11. The State Fire Marshal and assistant or deputy state fire marshals. (§ 830.3)
12. Fraud investigators of the California Department of Insurance. (§ 830.3)
13. Criminal investigators of the Employment Development Department. (§ 830.3)
14. Members of the San Francisco Bay Area Rapid Transit District Police Department. (§ 830.33 )
15. Welfare fraud investigators employed by the California Department of Social Services and all county welfare departments. (§ 830.35)
16. County coroners and deputy coroners. (§ 830.35)
17. Parole officers and correctional officers of the California Department of Corrections and Rehabilitation. (§ 830.5 &)
18. Firefighter/Security Officers of the California Military Department are Peace Officers under PC 830.37

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).