School resource officer's car was purchased by ISD and is marked on both sides with Fairfield ISD/School Resource Officer (but not police). It is also equipped with lights and siren. Is this a legal police emergency vehicle? Is it legal for him to pull over vehicle and issue citation or warning? He is a peace officer.
Trans Code 541.201
(1) "Authorized emergency vehicle" means: (A) a fire department or police vehicle.
(13-a) "Police vehicle" means a vehicle of a governmental entity primarily used by a peace officer, as defined by Article 2.12, Code of Criminal Procedure, for law enforcement purposes.
I think your fine.
Thanks John for the information.
Just so you don't get blind sided.....check WHO commissions him - the school district or PD/SO. Hopefully if it's the school district they have followed all the TCLEOSE rules and are a bona fide police agency. The wording on the car makes me ask this question.....
Sometimes the school districts don't understand that one must be COMMISSIONED and not just licensed as a Peace Officer. If the ISD isn't a bona fide agency, then you may have a bigger problem...
See also Texas Education Code Sec.37.081.SCHOOL DISTRICT PEACE OFFICERS AND SECURITY PERSONNEL.
The jurisdiction of a peace officer or security personnel under this section shall be determined by the board of trustees and may include all territory in the boundaries of the school district and all property outside the boundaries of the district that is owned, leased, or rented by or otherwise under the control of the school district and the board of trustees that employ the peace officer or security personnel.
(b)In a peace officer �s jurisdiction, a peace officer commissioned under this section:
(1)has the powers, privileges, and immunities of
(2)may enforce all laws, including municipal
ordinances, county ordinances, and state laws; and
(3)may, in accordance with Chapter 52, Family Code,take a juvenile into custody.
The officer is an employee of and his commission is carried by the city police department. The officer is assigned to the school. The ISD provides the money for his salary.
Our school resource officer is also employed by a local police agency. The contract changes law enforcement agency from time to time (PD one year, SO the next) so the ISD does not identify the law enforcement agency on the car to avoid the cost of re-painting. Plus, I think the ISD is concerned about the car being used for law enforcement that is not related to the school district.
|Powered by Social Strata|
© TDCAA, 2001. All Rights Reserved.