Law Enforcement Issues

Opinion # 2004-148
Discussion providing that a state executive security officer who has not complied with the Minimum Standards and Training Act is not a “state law enforcement officer” for purposes of overtime compensation. (A similar ruling would likely apply to a county law enforcement officer who had not complied with the minimum standards act.)

Opinion # 2004-200
Discussion regarding serving warrants on parole and probation violators and the circumstances under which such violators may be housed in the county jail.

Opinion # 2004-218
Discussion providing that a jailer or corrections officer is a “peace officer” if he or she has arrest powers and gives full time to the preservation of public order, protection of life or property, or the detection of crime.

Opinion # 2005-034
Discussion providing that a municipality is not entitled to reimbursement from a county hospital board for law enforcement training expenses paid for a former employee who leaves within 24 months of the training.

Opinion # 2005-085
Discussion providing that a Sheriff may use pistol permit funds under his or her discretionary control to purchase coffee supplies and to provide meals for training sessions if incidental to the training and served while the sessions are in progress. (See also Opinion # 2005-129.)

Opinion # 2005-121
Discussion regarding the proper uses for forfeiture proceeds received by a law enforcement agency in connection with violations of controlled substances statutes.

Opinion # 2005-129
Discussion providing that pistol permit funds under the discretionary control of the sheriff may be expended for coffee supplies for law enforcement personnel during work time when they work for extended periods of time without a break for mealtime, are in the field, or in long meetings where they cannot break away for meals. (See also Opinion # 2005-085.)


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