LEO

Discussion in 'GA Laws and Politics' started by Elgin, Oct 6, 2006.

  1. Elgin

    Elgin New Member

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    What are the laws for Law Enforcement officers carry off duty?
    Are Correctional officer consider LEO in the state of Georgia?
     
  2. vwang

    vwang New Member

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    I also always wondered about the second half of your questions. If corrections officers are considered LEO In Ga, would be intrested in finding that answer myself.
     

  3. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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  4. SheriffOconee

    SheriffOconee New Member

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    35-8-2 (A-D) gives the definition of "Peace Officer" in Georgia. An employee of the State Department of Corrections is NOT necessarily a Peace Officer. A JAILER, or as contemplated in the above code section, a person who supports a law enforcement function, is NOT a peace officer in Georgia.
    If you work for a Sheriff in Georgia, and you are NOT a Deputy Sheriff, then I submit you are not a Peace Officer as contemplated in the code sections.
     
  5. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Sheriff, the section you quote is from a definitions code section that states at the beginning that it contains definitions applicable to "this chapter," i.e., chapter 8 of title 35.

    Since the exemption is contained in another title (16) (and another chapter- 11), I am not sure how controlling is the definition. The definition of peace officer that applies to this section is contained in O.C.G.A. 16-1-3, but this also does not answer the question because the exemption for the keeper of a jail is in a different subparagraph from the exemption for peace officers (although it might very well apply to some corrections officers and jailers, who have powers of arrest for limited offenses).

    Back to the 130 exemptions: Peace officers are exempted in O.C.G.A. 16-11-130(a)(1). The exemption for "keepers of . . . jails, or other institutions for the detention of persons accused or convicted of an offense" is contained in the next subparagraph, i.e., 130(a)(2). It seems to me that this would apply to your jailers, and that has always been my understanding of the provision.
     
  6. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    No, they are not considered an LEO for most purposes, but the same exemption subparagraph discussed above, 130(a)(2), mentions "keepers of correctional institutions."

    Here is a link to the Code Section should you wish to read it for yourself, Elgin.
     
  7. Macktee

    Macktee New Member

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    This dude has posted the same question on many other forums. It says something about the overall level of helpfulness and politeness of this group that this is just about the only place he's been taken seriously.

    Either he's writing a dissertation on off-duty carry or he's trying to find a job that lets him carry 24/7 under any cirmstances and to any and all locations.
     
  8. vwang

    vwang New Member

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    Well from what I know of, Corrections Officers may not be an LEO by traditonal Standards but they do fall under the Law Enforcement Umbrella, and are also considered Peace officers through the Ga Post and their job classification. Now does that mean they can carry off duty like a Police officer, probably not. I think they have to obtain a GFL like everyone else
     
  9. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    There is more than just "peace officer" in the 130 exemption list.

    Back to the 130 exemptions: Peace officers are exempted in O.C.G.A. 16-11-130(a)(1). The exemption for "keepers of . . . jails, or other institutions for the detention of persons accused or convicted of an offense" is contained in the next subparagraph, i.e., 130(a)(2).