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Law enforcement in the United States

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Through Police, Writ and Emergency service

In the United States, police are considered an emergency service involved in providing first response to emergencies and other threats to public safety; the protection of certain public facilities and infrastructure, such as private property; the maintenance of public order; the protection of public officials; and the operation of some detention facilities (usually at the local level).

As of 2023, more than 600,000 sworn law enforcement officers are serving in the United States. About 137,000 of those officers work for federal law enforcement agencies.

Types of law enforcement agencies

Policing in the United States is conducted by "around 18,000 federal, state and local law enforcement agencies, all with their own rules". Every state has its own nomenclature for agencies, and their powers, responsibilities and funding vary from state to state. 2008 census data from the Department of Justice's Bureau of Justice Statistics (BJS) revealed that this constitutes:

  • 73 federal agencies
  • 50 primary state law enforcement agencies
  • 1,733 special jurisdiction agencies
  • 3,063 sheriff's offices
  • 12,501 city, county, tribal, and regional police departments

Federal

At the federal level, there exists both federal agents, which possess full federal authority as given to them under United States Code (U.S.C.), and federal law enforcement agencies, who are authorized to enforce various laws at the federal level. Both police and law enforcement agencies operate at the highest level and are endowed with police roles; each may maintain a small component of the other (for example, the FBI Police). The agencies have jurisdiction in all states, U.S. territories, and U.S. possessions for enforcement of federal law. Most federal agencies are limited by the U.S. Code to investigating only matters that are explicitly within the power of the federal government. However, federal investigative powers have become very broad in practice, especially since the passage of the Patriot Act. There are also federal law enforcement agencies, such as the National Park Service Law Enforcement Rangers, that are granted state arrest authority off primary federal jurisdiction.

The Department of Justice (DOJ) is responsible for most law enforcement duties at the federal level. It includes the Federal Bureau of Investigation (FBI), the Drug Enforcement Administration (DEA), the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), the United States Marshals Service, and the Federal Bureau of Prisons (BOP).

The Department of Homeland Security (DHS) is another branch with numerous federal law enforcement agencies reporting to it. The United States Border Patrol (USBP), U.S. Immigration and Customs Enforcement (ICE), United States Secret Service (USSS), United States Coast Guard (USCG), and the Transportation Security Administration (TSA) are some of the agencies that report to the DHS. The Army National Guard and Air National Guard in particular is also a Military Police Corps (United States Army), Master-at-arms (United States Navy), United States Air Force Security Forces, and United States Marine Corps Military Police of the United States Armed Forces and is assigned to the United States Department of Defense in the event of war.

At a crime or disaster scene affecting large numbers of people, multiple jurisdictions, or broad geographic areas, many police agencies may be involved by mutual aid agreements. For example, the United States Federal Protective Service responded to the Hurricane Katrina natural disaster. The command in such situations remains a complex and flexible issue.

In accordance with the federal structure of the United States government, the national (federal) government is not authorized to execute general police powers by the Constitution of the United States. The power to have a police force is given to each of the United States' 50 federated states. The Constitution gives the federal government the power to deal with foreign affairs and interstate affairs (affairs between the states). For police, this means that if a non-federal crime is committed in a U.S. state and the fugitive does not flee the state, the federal government has no jurisdiction. However, once the fugitive crosses a state line, he violates the federal law of interstate flight and is subject to federal jurisdiction, at which time federal law enforcement agencies may become involved.

Security-oriented agencies

Certain federal law enforcement agencies operate primarily as security forces for their parent agency's properties and buildings by providing access control, emergency response, site security, and protection for sensitive facilities. These law enforcement officers have a more limited scope of responsibility and generally have a jurisdiction limited to federal property and its surrounding area.

Examples

  • United States Federal Protective Service
  • United States Secret Service Uniformed Division
  • United States Capitol Police
  • Supreme Court of the United States Police Department
  • FBI Police
  • United States Treasury Police
  • United States Mint Police
  • Federal Reserve Police
  • Central Intelligence Agency Security Protective Officers
  • National Security Agency Police
  • NASA Office of Protective Services (NASA OPS)

Gendarmerie

The American equivalent of Gendarmerie (a military force tasked with law enforcement) is the United States Coast Guard. The Coast Guard is maritime law enforcement agency part of the United States Armed Forces and is exempt from the Posse Comitatus Act (a U.S. law banning the Armed Forces from engaging in law enforcement operations). Additionally when National Guard forces are under state control they are exempt from the Posse Comitatus Act.

State

Most states operate statewide law enforcement agencies that provide law enforcement duties, including investigations and state patrols. They may be called state police or highway patrol (state troopers), and are normally part of the state Department of public safety. In addition, the Attorney General's office of each state has its own state bureau of investigation, such as in California with the California Department of Justice. The Texas Ranger Division fulfills this role in Texas, although they were founded in the period before Texas became a state.

Various departments of state governments may have their own enforcement divisions, such as capitol police, campus police, water police, environmental (fish and game/wildlife) conservation officers, or game wardens (with full police powers and statewide jurisdiction). For example, in Colorado, the Department of Revenue has its own investigative branch.

County

Also known as parishes and boroughs, county law enforcement is provided by sheriffs' departments or offices, constables and county police.

County police

County police tend to exist only in metropolitan counties and have countywide jurisdiction. For places that have both county police and county sheriff, responsibilities are given to each: the county police are in charge of typical police duties such as patrol and investigations, whereas the sheriffs' department in this situation takes care of serving papers and providing security to the courts. County police tend to fall into three broad categories, full service, limited service, and restrictive service. Full service provides full police services to the entire county. Limited service provides to the unincorporated and special districts. Restricted service provide security to the county-owned parts of the county.

Sheriffs' offices

Sheriffs are law enforcement officers who have many different responsibilities and functions from state to state. Sheriffs are elected officials who are appointed or hired in. Sheriffs are responsible for all three parts of the criminal justice system. They uphold the county jail, ensure safety within the courts, and may have jurisdiction to enforce laws in the entire county. They have more responsibilities such as transporting prisoners, running crime labs, and collecting taxes.

In Texas, the sheriff's office is normally the agency responsible for handling mental health calls. If the situation is dangerous, a sheriff's deputy has the power to take a person to a hospital on a mental health commitment immediately. However, if the situation is not actively dangerous, a warrant must be sought. With the rise in mental health units across the state, the Texas CIT Association was formed.

Commonwealth of Virginia

The Commonwealth of Virginia does not have overlapping county and city jurisdictions, whereas in most other states, municipalities generally fall within (and share jurisdiction and many other governmental responsibilities with) one (or more) county(ies). In Virginia, governmental power flows down from the state (or in Virginia's case, commonwealth) directly to either a county or an independent city. Thus, policing in Virginia is more streamlined: the county sheriff's office/department or county police department does not overlap with an independent city police department. Unincorporated townships remain part of their parent county, but incorporated townships may have town police departments to augment their county law enforcement. Town police departments are often small and may deploy a combination of paid and unpaid, full and part-time law enforcement officers, including auxiliary officers who typically serve as part-time, unpaid volunteers. If present, independent city sheriff's offices usually follow the restrictive model shown above for sheriff's departments, with limited law enforcement authority including warrant service, jail bailiff, etc. Mutual assistance compacts may exist where neighboring law enforcement agencies will assist each other, however, in addition to state (commonwealth) law enforcement resources. Like most states, Virginia also has campus police officers. Under Virginia State Code 23.1-809 and 23.1-810, public and private colleges and universities can maintain their own armed police force and employ sworn campus police officers. These sworn officers have the same authority as local police and are required to complete police academy training mandated by the Virginia Department of Criminal Justice Services. Virginia campus police officers have jurisdiction on and immediately around the campus, but police departments may petition to the local circuit court for concurrent jurisdiction with the local police.

Municipal

Municipal police range from one-officer agencies (sometimes still called "town marshals") to the 40,000 person-strong New York City Police Department, which has its own counterterrorism division. Most city agencies take the form (Municipality Name) Police Department. Most municipalities have their own police departments.

Metropolitan departments, such as the Los Angeles Police Department and Metropolitan Police Department of the District of Columbia, have jurisdiction covering multiple communities and municipalities, often over a wide area, and typically share geographical boundaries within one or more cities or counties. Metropolitan departments have usually been formed by a merger between local agencies, typically several local police departments and often the local sheriff's department or office, in efforts to provide greater efficiency by centralizing command and resources and to resolve jurisdictional problems, often in communities experiencing rapid population growth and urban sprawl, or in neighboring communities too small to afford individual police departments. Some county sheriff's departments, such as the Los Angeles County Sheriff's Department, are contracted to provide full police services to local cities within their counties. Likewise, in Florida, the Duval County Road Patrol and the Jacksonville Police Department consolidated in 1968 to form the "Office of the Sheriff – Jacksonville Police," commonly known as the Jacksonville Sheriff's Office, policing all of Duval County.

Puerto Rico Police

The Puerto Rico Police Bureau (PRPB) traces back to 1837, when Spanish governor Francisco Javier de Moreda y Prieto created La Guardia Civil de Puerto Rico (Puerto Rico Civil Guard) to protect the lives and property of Puerto Ricans who at the time were Spanish subjects, and provide police services to the entire island, even though many municipalities maintained their own police force. The United States invaded and took possession of Puerto Rico in July 1898 as a result of the Spanish–American War and has controlled the island as a US territory since then. The Insular Police of Puerto Rico was created on February 21, 1899, under the command of Colonel Frank Thacher (U.S. Marine officer during the Spanish–American War), with an authorized strength of 313 sworn officers. As of 2009, the PRPB had over 17,292 officers.

Private police force or department

Some law enforcement agencies may be owned, operated, or otherwise controlled by a private entity (such as a corporation) or is a police agency whose primary function is to provide contract based security services to private entities, and may be considered private police. For example, in Washington, D.C., special police officers from the Metro Special Police Department have full law enforcement authority and contract their services to private organizations.

Private police officers are different from security guards, who generally do not have arrest powers beyond a citizen's arrest if they have probable cause to do so. Private police officers are generally required to be licensed the same as a regular police officer and have the same powers as a regular law enforcement officer (even if sometimes limited to the properties they are assigned to protect).

A specific type of private police is company police, such as railroad police. In some cases, private police are sworn in as government employees to ensure compliance with the law, as in the Kalamazoo, Michigan-Charles Services contract, which lasted 31⁄2 years. Private police services are sometimes called "Subscription-Based Patrol." The largest private police forces in the United States are the railroad police employed by the major Class I railroads.

Bi-state police

Some police departments have jurisdiction in multiple states, typically two. These agencies are commonly referred to as a bi-state agency. They are state-level agencies that carry full police powers in both states.

These departments have been formed through interstate compact commissions and state-local laws. The US Supreme Court held that states could delegate police power to interstate compact commissions.

Officers of these agencies have full law enforcement powers and responsibilities in each state they operate in. This includes the power to arrest, enforce laws, conduct investigations, run traffic, write traffic citations, respond to emergencies, form mutual aid agreements, assist other agencies, testify in court, and more. Officers are bound to the laws of the jurisdiction(state) that they are currently in.

Railroad police departments are granted this privilege without interstate compacts thanks to various federal and state laws.

Some bi-state police departments include:

  • Port Authority of New York and New Jersey Police Department (New York and New Jersey)
  • Metro Transit Police Department (District of Columbia, Maryland, and Virginia)
  • Delaware River Port Authority Police Department(Pennsylvania and New Jersey)
  • Delaware River and Bay Authority Police Department (Delaware and New Jersey)
  • Metropolitan Transportation Authority Police Department (New York and Connecticut)
  • Delmar Police Department(Delaware and Maryland)
  • Colorado City/Hildale City Police Department (Arizona and Utah)
  • Ardmore Police Department (Alabama and Tennessee)
  • Union City Police Department (Indiana and Ohio)
  • Texhoma Police Department (Texas and Oklahoma)
  • TSCRA Special Rangers (Texas and Oklahoma)

Mutual aid agreements often give officers/departments from "State A" limited police powers in "State B" & vice versa, even though they aren't certified in both states like bi-state police departments. Twin city departments such as Lookout Mountain, Georgia and Lookout Mountain, Tennessee are examples of this.

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