Peace Officer Status.

Discussion in 'General GWL Questions' started by rubberduckie, Jul 9, 2007.

  1. rubberduckie

    rubberduckie New Member

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    Hello everyone, Im new to the board. I've read the code and am somewhat confused I understand that in not so many words, Police officers, Correction officers, denention officers and various others who are considered peace officers by title or by the agency employing them are exempt from obtaining a GFL. I am a Correctional Officer and my department (STATE) encouraged us to get a GFL which just means we are covered even more, but are the off limit places the same for a Correctional Officer the Same as a Police Officer? Or is being a Peace Officer make you exempt from the off limit boundries that would are set forth for civillians. That questions is puzzling but I have never gotten a straight answer. Does anyone know?
     
  2. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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  3. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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  4. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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  5. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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  6. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    But I would definitely look here.
     
  7. legacy38

    legacy38 Active Member

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    Sad to say that corrections officers in GA are not considered peace officers as COs don't have arrest powers outside of their institution. In some states, COs are considered peace officers.
     
  8. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    What he really wants to know is whether he meets the 130 exemption, not whether he is a peace officer, I think.
     
  9. rubberduckie

    rubberduckie New Member

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    Actually we are condsidered peace officers certified by the GA P.O.S.T we also have certificate, as well as card stating we are peace officers. We qualify on the same course of fire with the same score as most other law enforcement agencies in the State. Sniff around the website look and employment it state it there http://www.dcor.state.ga.us/ we also can make felony arrests on state property, as well across the state if apprehending an escapee, But alot of folks dont know that. lol But thanks for the info.
     
  10. legacy38

    legacy38 Active Member

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    Please don't take my comments as a slam towards corrections officers. My ex brother-in-law (still on friendly terms) worked as a CO for a number of years prior to resigning to start a new business, and his brother is a deputy warden.

    Yes, you get a number issued by POST, but it has a different prefix (IIRC) than that issued to officers with arrest powers. POST will also certify dispatchers and issue them a number as well as probation and parole officers. You would have to go through a POST basic mandate (different than the CO class) class in order to work as a police officer or deputy sheriff. Corrections officers have no arrest powers outside of their institution (transports and escapees are included). Parole and probation officers have arrest powers limited only to their specific function and are not general arrest powers.

    As such, you are not covered under the exemptions provided in GA or federal law. I'm perfectly willing to eat some crow on this one. I don't have my code book handy. I think that is where is all outlined.
     
  11. legacy38

    legacy38 Active Member

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    [gomer]citizen's arrest, citizen's arrest!![/gomer]

    Yup, Georgia does have citizen's arrest covered in the code, but I think you know what I mean.
     
  12. vwang

    vwang New Member

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    Ok now Im confused, the guy rubberduckie all he asked was is he or she exempt from carring and if so can he or she carry the same place as a police officer and it kinda seems like this thread has gone into a Correctional Officer bash instead answering the orginal question. I dont know who's ex brother in laws, garbage mans sister is a deputy warden and who is. was. used to be a CO but the bottom like is What is the answer to the question.

    Furthermore who ever is doubting the fact of them being peace officers, YES they are. Police Officers they are not but yes they are peace officers, it is a sworn postion wether you believe they have arrest authority or not doesnt matter.

    The Georgia Peace Officer
    By statutory definition, a peace officer is any person who is vested expressly either by law or by virtue of public employment or service with authority to enforce the criminal or traffic laws through power of arrest and whose duties include the preservation of public order, the protection of life and property, and the prevention, detection or investigation of crimes.
    State officers such as the Georgia State Patrol, the Georgia Bureau of Investigation, the Georgia Department of Natural Resources, and the Georgia Department of Corrections, deputy sheriffs, county police, municipal police, and campus police are a few of the many examples of peace officers. Additionally, the Georgia Peace Officer Standards and Training Council also has a statutory responsibility to certify non-peace officers such as communications officers and detention officers.
    Before POST will certify a candidate as a peace officer, the candidate must meet certain minimum standards for employment.


    Taken from the GA Post website. yes post does certify communications officers and dispatchers but its right there in black and white those are NON PEACE OFFICER positions. I also cannot believe anyone who you know that works for the department would say anything otherwise. Especially a Deputy Warden. If there is a Correctional Officer that has said otherwise maybe they needed further information. They have arrest power inside the guard lines, if they are on a hospital post, or transport guess what the guard lines are. This pertains to anyone attempting to harm and or help inmates escape, you can and will be arrested and or detained by correctional officers. IF off duty they can Arrest you just like any other average citizen if they witness a felony but keep in mind it will hold more weight than the average citizen because they are not considered civilians they are sworn in by the state, which means alot it court. Now back to the original answer, I believe that they are exempt from some of the off limit
    places to carry, from what I have been told. So if anyone has an answer instead of bashing the man who wrote this thread and the rest of us in Corrections who frequent this page, I would like to know
     
  13. legacy38

    legacy38 Active Member

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    Easy there, sport. Nobody bashed COs. In fact, I clearly stated that I wasn't bashing COs at all. Please show me where I or anybody else in the thread bashed COs.
     
  14. legacy38

    legacy38 Active Member

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    Also, look at what you have in red. That specifies powers of arrest; so, the powers of arrest is clearly relevant to this discussion.
     
  15. legacy38

    legacy38 Active Member

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    Please see the quoted section of my above post.
     
  16. legacy38

    legacy38 Active Member

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    I just dug out an '03-'04 copy of the LE handbook, which is the most current that I have at home; so, it is very likely that some things may have been changed since this edition was printed.

    16-11-130 refers to 16-1-3 for a definition of "peace officer". The wording found there is different than that found in 35-8-2.

    16-11-130 specifically spells out police officers and deputies. It specifies probation and parole officers only if specifically authorized in writing to carry a weapon. I don't know if only certain officers are given written permission or if it is something that is done for all such officers. I can find out though.

    Correctional officers are not spelled out specifically (that I saw); so, the question before us is if the a correctional officer meets the standard set under 16-1-3, which states:

    "Any person who by virtue of his office or public employment is vested by law with a duty to maintain public order or to make arrest for offenses, whether that duty extends to all crimes or is limited to specific offenses."

    Here again, the question of arrest powers arises.
     
  17. Rammstein

    Rammstein New Member

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    calm thy self...

    I didn't see anyone bashing COs...