or generally in other places. How do states define “law enforcement agency?” Can anyone cite any NY or CA statutes defining the term? Would any government agency qualify as a law enforcement agency, since most presumably exist to enforce the area of law they’ve been assigned?
title edit: by district attorney I mean his or her office, i.e., would assistant DAs be law enforcement officials?
IANAL. Don’t know if this helps, but I’ve heard the DA (and ADAs) is considered an “officer of the court”.
That just means they’re a lawyer. All lawyers are officers of the court.
Why do you need to know? That might be a clue as to where to start looking. No one’s going to define a term like “law enforcement agency” officially unless they need an official definition.
I was thinking the same thing. Why do you need to know? Context is key here. A statute or administrative agency policy may provide a specific definition of this for legal purposes. Colloquially, I’d say it isn’t.
Are you filling out an official form of some type where it asks e.g. whether or not you are related to someone who works for a “law enforcement agency”, and your sister works for the DA’s office? If so, a call to whoever issued the form or to a competent attorney might be in order.
Are you looking at a statute? Are you thinking about kicking a DA in the rear and wondering whether or not you can be convicted of Assaulting a Law Enforcement Officer? That’s a question for a competent attorney.
Here’s the relevant statute from the California Penal Code:
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=830-832.17
The Attorney General is a peace officer, but it doesn’t appear that district attorneys are.
As for New York:
http://codes.lp.findlaw.com/nycode/CPL/ONE/A/2/2.10
I don’t find district attorneys here either.
I’m afraid I don’t remember why I wanted to know this, so can’t say what the context was, but I do remember that in that context, generally, employees of government agencies, even those doing civil enforcement, were not considered Law Enforcement Officers. Some of them, the ones who carry guns and do Criminal investigations, are. And of course, armed Park Rangers and so forth are.
Of course I don’t know why akimbo gait, but just to share one practical real world example - A couple years ago the recently created Investigations arm of the State Gaming Commission was in trouble for failing to do their primary job properly, namely to investigate people applying for casino licenses.
They made some serious mistakes, but argued that the PA State Police were to blame because they refused to share information, like criminal background checks and details of ongoing investigations. The State Police claimed that their lawyers had looked into it and concluded that when the legislature created the gaming investigations group they didn’t make them a law enforcement agency. Prior PA laws barred the state police from sharing that key information from non-law enforcement agencies so they felt they could not share it legally.
Obviously that has nothing to do with the district attorney’s office and I’m sure it wasn’t akimbo gait’s point since he asked about other states… but the whole issue was literally about the definition of a law enforcement agency.
For what it’s worth, in interacting with prosecutors at both the federal and state levels, it seems to me that they generally consider themselves to be law enforcement officers. That doesn’t necessarily have any bearing on whether it would be so for any particular formal purpose.
In Ohio, yes, he or she is. Revised Code 2901.01 provides:
*(11) “Law enforcement officer” means any of the following:…
(h) A prosecuting attorney, assistant prosecuting attorney, secret service officer, or municipal prosecutor… *
Is the list of peace officers comprehensive in listing who qualifies as a peace officer, or are there other relevant statutes in CA or NY?
Yes, DA’s offices can have sworn peace officers as investigators, many do. ETA…In California…
Relevant Penal Code statute:
830.1. (a) Any sheriff, undersheriff, or deputy sheriff, employed
in that capacity, of a county, any chief of police of a city or
chief, director, or chief executive officer of a consolidated
municipal public safety agency that performs police functions, any
police officer, employed in that capacity and appointed by the chief
of police or chief, director, or chief executive of a public safety
agency, of a city, any chief of police, or police officer of a
district, including police officers of the San Diego Unified Port
District Harbor Police, authorized by statute to maintain a police
department, any marshal or deputy marshal of a superior court or
county, any port warden or port police officer of the Harbor
Department of the City of Los Angeles, or any inspector or
investigator employed in that capacity in the office of a district
attorney, is a peace officer. The authority of these peace officers
extends to any place in the state, as follows:
I am curious-what does the Ohio secret service do? They apparently have officers. And they are pretty secret, I couldn’t find any websites describing their function. Any hints?
DAs are issued badges in CA.
What does that mean? Are all badge-wearing people law enforcement officials?
But what about the DA or the ADA’s themselves?
One thing I thought of is that the Attorney General in most (if not all) states is part of the executive branch, as is the US AG and the DOJ. Classifying positions according to branch might be crude analysis, but if that’s where they are set up, are they considered law enforcement for all purposes?
Or is a DA a fundamentally different position from an AG, beyond a county vs state distinction?
They’re somewhat uncommon. I know of only one of Ohio’s 88 counties, Stark County (the greater Canton area) that has secret service officers, although there may well be others. My understanding is they’re simply investigators for the county prosecutor.
I know investigators within most DA’s offices are law enforcement personnel. But what about the ADA’s themselves?
The cite for California would lead one to believe that only an investigator employed as such by the DA is a peace officer.
Any relevant cites for NY?
I haven’t found an actual general definition or listing of “law enforcement agencies” in New York. The Criminal Procedure Law defines peace officers in section 2.1 and police officers in 1.2. It doesn’t really help in defining law enforcement agencies, because investigators in all sorts of state agencies ( liquor authority, Dept of insurance, department of motor vehicles) NYC sanitation police and peace officers appointed by a gated community are all peace officers , although none of those agencies would be considered law enforcement agencies. Police officers include the Long Island Railroad police, State University police, some employees of the Dept of Taxation and Finance , and fire marshals in the FDNY, although none of those agencies would be considered law enforcement agencies.
There are specific definitions of "law enforcement agency" that start out " For the purpose of this (statute,policy etc ) "law enforcement agency ' includes ......" and some laws just avoid any reference to "law enforcement agencies" and refer instead to police officers, peace officers etc. But I couldn't find a general definition.