West Virginia Code 15-10-5 – Federal officers’ peace-keeping authority
(a) Notwithstanding any provision of this code to the contrary, any person who is employed by the United States government as a federal law-enforcement officer and is listed in subsection (b) of this section, has the same authority to enforce the laws of this state, except state or local traffic laws or parking ordinances, as that authority granted to state or local law-enforcement officers, if one or more of the following circumstances exist:
Terms Used In West Virginia Code 15-10-5
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- in writing: includes any representation of words, letters, or figures, whether by printing, engraving, writing, or otherwise. See West Virginia Code 2-2-10
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
(1) The federal law-enforcement officer is requested to provide temporary assistance by the head of a state or local law-enforcement agency or the designee of the head of the agency and that request is within the state or local law-enforcement agency’s scope of authority and jurisdiction and is in writing: Provided, That the request does not need to be in writing if an emergency situation exists involving the imminent risk of loss of life or serious bodily injury;
(2) The federal law-enforcement officer is requested by a state or local law-enforcement officer to provide the officer temporary assistance when the state or local law-enforcement officer is acting within the scope of the officer’s authority and jurisdiction and where exigent circumstances exist; or
(3) A felony is committed in the federal law-enforcement officer’s presence or under circumstances indicating a felony has just occurred.
(b) This section applies to the following persons who are employed as full-time federal law-enforcement officers by the United States government and who are authorized to carry firearms while performing their duties:
(1) Federal Bureau of Investigation special agents;
(2) Drug Enforcement Administration special agents;
(3) United States Marshal’s Service marshals and deputy marshals;
(4) United States postal service inspectors;
(5) Internal revenue service special agents;
(6) United States secret service special agents;
(7) Bureau of alcohol, tobacco, and firearms special agents;
(8) Police officers employed at the Federal Bureau of Investigation’s criminal justice information services division facility located within this state;
(9) Law enforcement commissioned rangers of the national park service;
(10) Department of Veterans Affairs Police and Department of Veterans Affairs special investigators;
(11) Office of Inspector General special agents; and
(12) Federal Air Marshals with the Federal Air Marshal Service.
(c) Any person acting under the authority granted pursuant to this section:
(1) Has the same authority and is subject to the same exemptions and exceptions to this code as a state or local law-enforcement officer;
(2) Is not an officer, employee, or agent of any state or local law-enforcement agency;
(3) May not initiate or conduct an independent investigation into an alleged violation of any provision of this code except to the extent necessary to preserve evidence or testimony at risk of loss immediately following an occurrence described in subdivision (3), subsection (a) of this section;
(4) Is subject to 28 U.S.C. § 1346, the Federal Tort Claims Act; and
(5) Has the same immunities from liability as a state or local law-enforcement officer.