Border Patrol

[PhotoFlyer]

Anybody working CBP please PM me, I'd like to talk about your job.

[NorCalHeliKid]

I don't fly for them but I just learned a interesting tidbit. Apparently, and correct me if I am wrong, Border Patrol Agents are not recognized as Peace Officers, therefore every arrest or detainment is done as a 'citizens arrest'. How a Federal LE Officer is not recognized or given the jurisdiction I have not idea. I know that they have to go through the 3 month Federal Academy in GA...

[palmfish]

I don't fly for them but I just learned a interesting tidbit. Apparently, and correct me if I am wrong, Border Patrol Agents are not recognized as Peace Officers, therefore every arrest or detainment is done as a 'citizens arrest'. How a Federal LE Officer is not recognized or given the jurisdiction I have not idea. I know that they have to go through the 3 month Federal Academy in GA...

 

The Border Patrol Academy is closer to 5 months long.

 

Federal Agents enforce and have arrest powers for federal laws. In the case of the Border Patrol, that would primarily be Title 8 of the United States Code (Immigration).

 

It's up to each state to decide if they want to grant "peace officer status" to federal agents, although in reality, it doesn't make a difference one way or the other.

[Goldy]

I don't fly for them but I just learned a interesting tidbit. Apparently, and correct me if I am wrong, Border Patrol Agents are not recognized as Peace Officers, therefore every arrest or detainment is done as a 'citizens arrest'.

 

Federal officers enforce federal laws in all 50 states (and territories). If a federal officer wants to make an arrest for a state law violation, then yes, he calls in a local cop to make that arrest. Its no different than a state peace officer wanting to make an arrest for a federal law violation...you have to call in the feds.

 

And in the State of Ca. you have to have a POST certificate to be a peace officer. And what does any of this have to do with helicopters?

[NorCalHeliKid]

And what does any of this have to do with helicopters?

 

Everything!

[edspilot]

Let me explain most before me are part right & part wrong.

 

Background:

 

A city policer officer has the most authority of all.

 

Why, because once you are certified by the certifying body (usually Police Officer Standards & Training POST) then:

 

 

The city officer has authority to make arrest(s) for city ordinance/code violations, state law violations and federal law violations.

 

The state police trooper/highway patrol officer has authority to make arrest(s) for state law violations and federal law violations.

 

The federal agent has authority to make arrest(s) for federal law violations.

 

 

Because each is charged with enforcing their respective level laws and the ones above them. Therefore, the state officer can not enforce city and the federal agent can not enforce state or city without being commissioned by that respective level. This is not usually done mainly due to the fact that most felony arrests now carry some form of property seizure rights for the arresting agency, meaning money in their pockets. This restriction is for down not up in levels.

 

So when I was city policer officer I had more authority with respect to the number of laws I could enforce but my geographic area was smaller. When I was a federal law enforcement pilot and later federal special agent (now retired 26yrs.) I had less laws I was able to enforcement but I had a much larger geographic area to enforcement them in.

 

Another difference is which (city, state, federal) court the officer files the paperwork in and in some cases you can file the paperwork in more than one court if there are more than one law violations and no it is not double jeopardy.

 

 

Now to answer the question. First off the advent of DHS and the merging of the 23 federal agencies to make DHS (Border Patrol) was one of them, they were given what is called 6C or 12 D coverage for retirement. If an any federal officer has 6C or 12 D coverage then they have federal arrest powers, period. Border Patrol does have it.

 

I hope this helps.

 

edspilot

Edited May 27, 2008 by edspilot

[Fidelis]

Prior to my flying career, I was a U.S. Border Patrol Agent in Nogales, AZ. As well, I have been a Washington State Trooper and Snohomish County, WA, deputy.

 

Concerning Border Patrol Agents, they are indeed federal agents authorized to enforce federal laws, generally under the INA (Immigration & Nationality Act). They also receive a cross-designation as Drug Enforcement Agents (DEA) prior to graduation from FLETC since they interdict so many contrabandistas and seize so many drugs.

 

As well, many of the local law enforcement agencies along the border are short-handed, and the area they cover very large. For that reason, many local sheriff's offices come in to local Border Patrol locations and conduct mass deputizations of agents. This allows Border Patrol Agents (who are more plentiful than local officers in the border region) to enforce state and local (county) laws as well; more importantly back up the deputies on domestics when they have no other units available.

Edited June 3, 2008 by Fidelis

[rjl2001]

I've never heard that local police officers have the most authority. Are most city/county officers federalized? I guess I wouldn't have thought of it that way because their jurisdiction is so small. When I was a USCG Boarding Officer, we normally considered ourselves as having the most authority of all the Federal Agencies.

 

Fidelis: Just out of curiosity, if you're flying helicopters now and were a BPA before, did you ever consider flying for CBP? Are a lot of people still upset about the whole BP/Customs pilot merger? And as a BPA did you have many opportunities to fly with them? I've been considering re-applying for the BPA job.

[palmfish]

I've never heard that local police officers have the most authority. Are most city/county officers federalized? I guess I wouldn't have thought of it that way because their jurisdiction is so small. When I was a USCG Boarding Officer, we normally considered ourselves as having the most authority of all the Federal Agencies.

 

Fidelis: Just out of curiosity, if you're flying helicopters now and were a BPA before, did you ever consider flying for CBP? Are a lot of people still upset about the whole BP/Customs pilot merger? And as a BPA did you have many opportunities to fly with them? I've been considering re-applying for the BPA job.

 

This question of authority isn't "black and white" or "more or less." While it's true that a federal agent can't pull you over and cite you for speeding, it's also true that a city police officer cannot question if you're an illegal alien and arrest you for Entry Without Inspection.

 

You really cannot think of it as a question of authority - no one is "higher" or "lower" than the other. Think of it as each of them having an area of responsibility and basically staying in their lane. There is sometimes overlap, especially when state and local officers are federally sworn for working federal cases (wiretaps, task forces, etc.). However, federal agents are often granted peace officer status to assist local law enforcement in smaller jurisdictions.

 

Each "level" of law enforcement has laws to enforce and a job to do - and more than enough work at their level to keep them very busy. There is only so much training that an officer can get, so while an FBI Agent is likely ignorant of local domestic violence laws, likewise, a local officer is probably ignorant of federal bank fraud statutes.

Edited June 10, 2008 by palmfish

[edspilot]

I still will stick with my comments as to the number of laws a police officer can enforce.

 

As a sworn city officer, you take an oath of office to up hold the local ordinances, state laws, federal laws, and to uphold the Constutition of the United States. A state or federal prosecutor 'has" to receive the complaint into their office. HOWEVER, said prosecutor can choose not to continue the court process if they choose but, the complaint is still filed, for a violation.

 

I believe we are saying the same thing, it is just how we are saying it.

 

rjl2001: If you thought you had the most of all federal agencies, you were mistaken.

 

Palmfish, good luck in your career and stay safe. The goal is to do a good job, make it to retirement, and keep your integrity intact.

 

Regards,

 

edspilot

 

 

 

 

 

This question of authority isn't "black and white" or "more or less." While it's true that a federal agent can't pull you over and cite you for speeding, it's also true that a city police officer cannot question if you're an illegal alien and arrest you for Entry Without Inspection.

 

You really cannot think of it as a question of authority - no one is "higher" or "lower" than the other. Think of it as each of them having an area of responsibility and basically staying in their lane. There is sometimes overlap, especially when state and local officers are federally sworn for working federal cases (wiretaps, task forces, etc.). However, federal agents are often granted peace officer status to assist local law enforcement in smaller jurisdictions.

 

Each "level" of law enforcement has laws to enforce and a job to do - and more than enough work at their level to keep them very busy. There is only so much training that an officer can get, so while an FBI Agent is likely ignorant of local domestic violence laws, likewise, a local officer is probably ignorant of federal bank fraud statutes.

[Fidelis]

Fidelis: Just out of curiosity, if you're flying helicopters now and were a BPA before, did you ever consider flying for CBP? Are a lot of people still upset about the whole BP/Customs pilot merger? And as a BPA did you have many opportunities to fly with them? I've been considering re-applying for the BPA job.

 

I have considered flying for CBP; even checked out the job posting at usajobs.com. When I was with the Border Patrol I honestly did not have much interest in flying with them as a pilot or observer. I wish I had now. With 10 years in law enforcement it would no doubt be a natural progression so I may look into CBP and/or other LE flight programs in the future. For now, I am doing just like most other <1,000 hr pilots.... instructing and doing light commercial work. I am happy doing that until I earn my keep like anyone else. As for your re-applying for the BPA job, I truly have nothing but good to say about the Border Patrol as an organization. They were good to me. I don't have any hard feelings about the merger. Becoming a part of the flight program once inside the BP is very realistic. My life just took me in a different direction away from the border, at least for the time being.

[palmfish]

I have considered flying for CBP; even checked out the job posting at usajobs.com. When I was with the Border Patrol I honestly did not have much interest in flying with them as a pilot or observer. I wish I had now. With 10 years in law enforcement it would no doubt be a natural progression so I may look into CBP and/or other LE flight programs in the future. For now, I am doing just like most other

 

Fidelis, I began my federal law enforcement career with the Border Patrol as well (Class 264 - Imperial Beach). I stayed for 3 years (93 - 96), but eventually Gatekeeper, no transfers to other duty stations, and no promotions past GS-9 (among other reasons) influenced my decision to leave the BP and seek greener pastures.

 

Before the merger, Border Patrol Aviation was fairly informal and it was easy for a PA who was a rated pilot to find his/her way into the airwing. Since the merger, there is basically no such thing as "Border Patrol Aviation" anymore. All CBP pilots are AIAs and it's not as easy to get in as it used to be. For better or for worse, it's no longer enough to simply know the pilots and have a good reputation.

 

Good luck to you.

[Fidelis]

palmfish,

That is information that I did not know. I left the Border Patrol in early 2001, before 9/11 and before the merger.

Edited June 16, 2008 by Fidelis

[Rangall09]

rnIts because of crap like that that I no longer go to the States.I am a candian citizen and the last time I was trying to enter the states with my family for a holliday the border patrol told me my vehicle and freinds could enter but not me.

n

n No reason what so ever was I given as to why I couldnt enter the states.That was the last time I made any holliday plans for the USA.

nThat was in 1996 and I havent been back since.

n

nlater

nOcan.rn

[cutter49]

rnIts because of crap like that that I no longer go to the States.I am a candian citizen and the last time I was trying to enter the states with my family for a holliday the border patrol told me my vehicle and freinds could enter but not me.

n

n No reason what so ever was I given as to why I couldnt enter the states.That was the last time I made any holliday plans for the USA.

nThat was in 1996 and I havent been back since.

n

nlater

nOcan.rn

 

The folks you had your issue with are not Border Patrol.

Edited December 3, 2009 by cutter49