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House Co-Sponsorship Memoranda
House of Representatives
Session of 2013 - 2014
Regular Session
MEMORANDUM
| Posted: | March 21, 2013 10:06 AM |
|---|---|
| From: | Representative Mike Regan |
| To: | All House members |
| Subject: | Federal Law Enforcement Officer Arrest Authority and Immunity |
| In just about every corner of Pennsylvania, there are hundreds of highly trained federal law enforcement agents who not only work for the Federal Government, but live in our communities. Pennsylvania gives federal agents no authority beyond that of a private citizen if they witness a crime while on or off duty. Most federal agents, if confronted with a situation, would not hesitate to do what they could to prevent a situation from occurring and hold a suspect for local police. This may expose them to a lawsuit that a police officer in the same position would not face. This could also result in the suppression of evidence, based on the fruits of an illegal arrest. Other states have addressed this by enacting statues which give certain trained federal law enforcement officers limited arrest powers and immunity from suit to the same extent that a police officer would have, if there is an immediate danger to persons or property. For instance, California’s Penal Code Section 830.8 gives a federal law enforcement officer, who has training equivalent to a local police officer, the authority to make an arrest and provides immunity from suit “When probable cause exists to believe there is any public offense that involves immediate danger to persons or property.” Immunity extends no further than that granted to a police officer in the same circumstances. I intend to introduce legislation in the near future which will extend the same authority and protection that California has given federal law enforcement to the federal agents here in the Commonwealth. Please join me in co-sponsoring this legislation which, I believe, will make Pennsylvanians safer and better serve those who protect us. |