Policy Text
CATEGORY DATE ADOPTED LAST REVIEW NEXT REVIEW
4 01/24/ 2011 05/01/201 9 05/01/20 21
TUSTIN POLICE DEP ARTMENT GENERAL ORDERS
100 - Law Enforcement Authority 1 100 LAW ENFORCEMENT AUTHORITY
100.1 PURPOSE AND SCOPE
Law enforcement officers are granted the authority to perform their function based on established legal
authority. This department does not tolerate abuse of law enforcement authority.
100.1.1 ACCREDITATION STANDARDS
This policy pertains to the following CALEA Standards: 1.2.1 , 1.2.3
100.2 PEACE OFFICER POWERS
Sworn members of this department shall be considered peace officers pursuant to Penal Code § 830.1.
The authority of any such peace o fficer extends to any place in the State of California, as follows:
a) As to any public offense committed or which there is probable cause to believe has been
committed within the political subdivision which employs the peace officer; or
b) Where the peace offi cer has the prior consent of the Chief of Police or person authorized by him
or her to give consent, if the place is within a city or of the sheriff, or person authorized by him or
her to give such consent, if the place is within a county; or
c) As to any pub lic offense committed or which there is probable cause to believe has been
committed in the peace officer’s presence, and with respect to which there is immediate danger to
person or property, or of the escape of the perpetrator of the offense.
d) Arrest purs uant to a warrant:
1) For out -of-county warrants, the arresting officer shall inform the arrestee, in writing without
delay, of the right to be taken before a magistrate in this county (Penal Code 821; Penal Code
822).
100.3 CONSTITUTIONAL REQUIREMENTS
All employees shall observe and comply with every person’s clearly established rights under the United
States and California Constitutions.
100.3.1 INTERVIEWS, INTERROGATIONS AND ACCESS TO COUNSEL
All employees shall assure compliance with all applicable co nstitutional requirements when conducting
interviews, interrogations and access to counsel when entitled to counsel and when counsel is
requested.
100.4 INTERSTATE PEACE OFFICER POWERS
Peace officer powers may be extended to other states:
a) As applicable under interstate compacts, memorandums of understanding or mutual aid
agreements in complia nce with the laws of each state;
CATEGORY DATE ADOPTED LAST REVIEW NEXT REVIEW
4 01/24/ 2011 05/01/201 9 05/01/20 21
TUSTIN POLICE DEP ARTMENT GENERAL ORDERS
100 - Law Enforcement Authority 2 b) When an officer enters an adjoining state in close or fresh pur suit of a person believed to have
committed a felony (ARS § 13 -3832; NRS 171.158; ORS 133.430).
The person arrested out of state must be taken without unnecessary delay before a magistrate of the
county in which the arrest was made (ARS § 13 -3833; NRS 171. 158; ORS 133.440).
Peace officers of another state who enter the State of California in fresh pursuit to arrest a person who
has committed a felony in the other state have the same authority to arrest and hold in custody such
person as peace officers of this state have to arrest and hold a person in custody (Penal Code § 852.2).