SAN DIEGO DISTRICT ATTORNEY The Fourth Amendment and ...

Any circumstance specified in P.C. § 836 (see above) or
W&I § 5150 (Mental patients who are a danger to
themselves, others, or who are gravely disabled).
When incidental to the performance of their federal law
enforcement duties.
When requested by a California law enforcement agency to
be involved in a joint task force or criminal investigation.
When probable cause exists to believe that a public offense
that involves immediate danger to persons or property has
just occurred or is being committed.
See also subd. (b): “Duly authorized federal employees
who comply with the training requirements set forth in
Section 832 are peace officers when they are engaged in
enforcing applicable state or local laws on property owned
or possessed by the United States government, or on any
street, sidewalk, or property adjacent thereto, with the
written consent of the sheriff or the chief of police,
respectively, in whose jurisdiction the property is situated.”
(see People v. Redd (2010) 48 Cal.4 th 691, 703-704, 711-
722.)
When arresting pursuant to P.C. § 830.8, an arrestee must
be taken immediately before a magistrate or delivered to a
peace officer, as specified in P.C. § 847.
Federal officers of the Bureau of Land Management and
the Forest Service of the Department of Agriculture have
no authority to enforce California statutes without the
written consent of the sheriff or the chief of police in whose
jurisdiction they are assigned.
See also subd. (d) providing these officers with similar
powers during a “state of war emergency or a state of
emergency,” as defined in Gov’t. Code § 8558.
P.C. § 830.8(b): Federal employees who have met the training
requirements of P.C. § 832 are peace officers when they are
engaged in enforcing applicable state or local laws on property
owned or possessed by the United States government, or on any
street, sidewalk, or property adjacent thereto, so long as they have
the written consent of the sheriff or the chief of police respectfully,
in whose jurisdiction the property is situated.
© 2012 Robert C. Phillips. All rights reserved
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