Elliott Dear Lawyer | Federalism in Law Enforcement

Federalism in Law Enforcement

Intro to LPSCS

Elliott Dear Lawyer

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Federal and State Law Enforcement Agencies

Different Governments Different Authority Different Responsibilities

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Federal Law Enforcement Agencies • • • • • • • • • • •

73 Federal Law Enforcement Agencies 120,000 officers/agents Customs and Border Protection 36,863 Federal Bureau of Prisons 16,835 Federal Bureau of Investigation 12,760 U.S. Immigration and Customs Enforcement 12,446 U.S. Secret Service 5,213 Drug Enforcement Administration 4,308 U.S. Marshals Service 3,313 Internal Revenue Service, Criminal Investigation 2,636 Bureau of Alcohol, Tobacco, Firearms and Explosives 2,541 3

Federal Law Enforcement Agencies • Primary functional areas – – – – – –

Criminal Investigation and Enforcement Police Response and Patrol Inspections Corrections and Detention Security and Protection Court Operations

• Four largest agencies are in the Department of Homeland Security (DHS) (2) the Department of Justice (DOJ) (2) employ about two-thirds of all federal officers.

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Federal LEO Roles and Responsibilities • Protect U.S. borders at official ports of entry.

• Prevent illegal entry of people and contraband between the ports of entry.

• Patrol the nation’s land and sea borders to stop terrorists and drug smugglers.

• Conduct investigations involving national security threats, terrorism, drug smuggling, child exploitation, human trafficking, illegal arms export, financial crimes, and fraud.

• Investigation, identification, arrest, prosecution, detention, and deportation of aliens, as well as the apprehension of absconders.

• Investigation and enforcement of counterfeiting, financial crimes, computer fraud, and threats against dignitaries.

• Protect the White House complex and other Presidential offices, the main Treasury building and annex, the President and Vice President and their families, and foreign diplomatic missions.

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Federal LEO Roles and Responsibilities • Conduct criminal investigations covering more than 200 federal statutes related to the postal system.

• Enforce federal laws related to the illegal use and trafficking of firearms, the illegal use and storage of explosives, acts of arson and bombings, acts of terrorism, and the illegal diversion of alcohol and tobacco products.

• Investigate major narcotics violators, enforce regulations governing the manufacture and dispensing of controlled substances, and perform other functions to prevent and control drug trafficking.

• Criminal investigation and enforcement related to more than 200 categories of federal law such as public corruption, civil rights violations, organized crime, white-collar crime, violent crime, and major theft.

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State Law Enforcement Agencies • 17,985 state and local law enforcement agencies • 12,501 local police departments • 3,063 sheriffs’ offices • 638 other agencies, primarily county constable offices in Texas.

• 1.1 million law enforcement officers

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Primary State Law Enforcement Agencies • • • • • • •

Each state has a primary law enforcement agency California Highway Patrol (7,207) New York State Police (4,847) Pennsylvania State Police (4,458) Texas Department of Public Safety (3,529) New Jersey State Police (3,053) New Mexico State Police (528)

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State LEO Roles and Responsibilities •

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Local Police includes municipal, county, tribal, and regional police that derive authority from the local governing body that created it. The primary purpose is to uphold the laws of the jurisdiction, provide patrol, and investigate local crimes.

Sheriffs – Generally sheriff’s offices are granted authority by the state to enforce state law at the local county level. Deputies commonly run the local jail, serve warrants and court summons, and respond to calls for service in areas outside local police jurisdictions.

State Police / Highway Patrol – State police often perform police duties to include highway patrol and statewide investigations. Some states have only highway patrol with investigative functions covered by a separate entity such as a state bureau of investigation. State police assist local police with investigations and emergencies that extend beyond the resources and jurisdictional boundaries of the local agency.

Special Jurisdiction Police – Officers for special jurisdictions provide police services for defined entities or areas within another jurisdiction. These include parks, schools, transportation assets (e.g., airports, subways), hospitals, housing authorities, and government buildings. Special jurisdiction police are generally full-service departments, offering the same services as local police.

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Separate but Equal Agencies • What authority do FBI special agents have to make arrests in the United States, its territories, or on foreign soil?

• In the U.S. and its territories, FBI special agents may make arrests for any federal offense committed in their presence or when they have reasonable grounds to believe that the person to be arrested has committed, or is committing, a felony violation of U.S. laws.

• If a crime is committed that is a violation of local, state, and federal laws, does the FBI “take over” the investigation?

• No. State and local law enforcement agencies are not subordinate to the FBI, and the FBI does not supervise or take over their investigations.

Instead, the investigative resources of the FBI and state and local agencies are often pooled in a common effort to investigate and solve the cases. In fact, many task forces composed of FBI agents and state and local officers have been formed to locate fugitives and to address serious threats like terrorism and street violence.

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Thank You

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