traffic enforcement

Now looky there! It's about time someone in politics stepped up to the plate to bring people back to reality! Broward Sheriff Al Lamberti has added an addendum to the county's mutual aid agreement allowing city cops to enforce the traffic laws of this State anywhere within Broward County; on and / or off-duty. This is something the state legislature should have addressed a long time ago as we are all STATE CERTIFIED officers. Director Parker, I hope you have seen the news articles on this subject and follow suit without delay. I'm tired of driving to and from work in a police vehicle and having a reckless idiot "fly" past me and then flip me the bird knowing there isn't a damn thing I can do to him.

I don't think it's needed. I say hire more County cops.

What BSO is doing violates FSS 316.640 and will be struck down the first time it is challenged in court, if not before by the Attorney General's office. Mutual Aid does not/can not apply to traffic infractions.

What BSO is doing violates FSS 316.640 and will be struck down the first time it is challenged in court, if not before by the Attorney General's office. Mutual Aid does not/can not apply to traffic infractions.

Think not! The AGO proffers opinions, persuasive as they might be, such do not override a sheriff's executive mandate under Chapter 30. Moreover, Under Articles IV and V, Chapters 23 and 30, and specifically Sections 23.127 and 30.15 Powers, duties, and obligations.--

1) Sheriffs, in their respective counties, in person or by deputy, shall:

h) Have authority to raise the power of the county and command any person to assist them, when necessary, in the execution of the duties of their office;

Traffic enforcement, anywhere within the county over which the sheriff has jurisdiction, seems to meets the requirement of "execution of the duties of their office" clause. At MDPD we signed a similar mutual aid protocol under Chapter 23, back in the late nineties. That, however, if memory does not fail me, limits the municipal police intervention to crimes, DUIs included. It would not be an over extension to now include traffic. As with all mutual aid pacts, liability for wrong doing, is attached to the agent and agency allegedly libeled.

Still, if in doubt, check with Legal, but we think Lamberdi may be within his statutory authority. That Carlos Alvarez, as he is the de facto Miami-Dade County Sheriff, may not want Parker to engage in this compact is a different matter.

What BSO is doing violates FSS 316.640 and will be struck down the first time it is challenged in court, if not before by the Attorney General's office. Mutual Aid does not/can not apply to traffic infractions.

Uhh....no it doesnt.

The FSS that you refer to simply says that FHP and the other state agencies have jurisdiction throughout the state, SOs have jurisdiction throughout thier county, and PDs have jurisdiction throughout their city.

There is nothing in the statute that says a Sheriff can not deputies other certified LEOs. That would be like telling the Sheriff that he can not have any deputies.

And BTW...I am a deputy in another county and my agency had deputized its city officers for years and it has always uphelp in court. There is no reason as to why it wouldnt.

What we need in Dade is for cops to actually do their job and stroke away and stop trying to look pretty. Plus it is an easy way to get ot.

What BSO is doing violates FSS 316.640 and will be struck down the first time it is challenged in court, if not before by the Attorney General's office. Mutual Aid does not/can not apply to traffic infractions.

Maybe you need to refresh yourself with Chapter 23 of Florida Statutes titled MUTUAL AID agreements. As long as it is spelled out as to what is authorized; ie, traffic enforcement (same as traffic or dui task forces) and the conditions under which such action can be initiated, it is LEGAL

People often get confused. There is a difference between "mutual aid" and "concurrent jurisdiction". Under our GOs, Mutual aid is follows.....

"C. Mutual Aid
The Sheriff of Monroe County and Dade County, Florida have entered into a Mutual Aid agreement pursuant to the Florida Mutual Aid Act, Section 23,1225 (l), Florida Statute.
1. The purpose is to provide mutual aid and assistance in law enforcement situations involving crimes in progress, injuries, or officers in need of assistance, excluding routine patrol, on and adjacent to those portions of Card Sound Road and US Highway 1 bounded as follows:....."

“Concurrent jurisdiction” is as follows, per policy....

"3. The Sheriff, as well as other local law enforcement agencies, have concurrent jurisdiction on all military property in Monroe County. As such;
a. The Navy will adopt the Domestic Abuse Preferred Arrest Policy for all military housing.
b. The Sheriff's Office will, on the basis of the Navy's criminal investigation, in which probable cause is shown, arrest for violations of Florida State Statute which occurred on military property." and "4. The Sheriff, by law, is both the Chief Executive Officer and Chief Law Enforcement Officer in Monroe County with the full authority and responsibility to uphold the law and preserve the peace. In addition to the Sheriff’s constitutional office, several agencies have been created statutorily or by federal title to deal with specific law enforcement situations that will arise from time to time."

People often get confused. There is a difference between "mutual aid" and "concurrent jurisdiction". Under our GOs, Mutual aid is follows.....

"C. Mutual Aid
The Sheriff of Monroe County and Dade County, Florida have entered into a Mutual Aid agreement pursuant to the Florida Mutual Aid Act, Section 23,1225 (l), Florida Statute.
1. The purpose is to provide mutual aid and assistance in law enforcement situations involving crimes in progress, injuries, or officers in need of assistance, excluding routine patrol, on and adjacent to those portions of Card Sound Road and US Highway 1 bounded as follows:....."

“Concurrent jurisdiction” is as follows, per policy....

"3. The Sheriff, as well as other local law enforcement agencies, have concurrent jurisdiction on all military property in Monroe County. As such;
a. The Navy will adopt the Domestic Abuse Preferred Arrest Policy for all military housing.
b. The Sheriff's Office will, on the basis of the Navy's criminal investigation, in which probable cause is shown, arrest for violations of Florida State Statute which occurred on military property." and "4. The Sheriff, by law, is both the Chief Executive Officer and Chief Law Enforcement Officer in Monroe County with the full authority and responsibility to uphold the law and preserve the peace. In addition to the Sheriff’s constitutional office, several agencies have been created statutorily or by federal title to deal with specific law enforcement situations that will arise from time to time."

I think the BSO Sheriff should be looking at concurrent jurisdiction rather than "mutual aid" because concurrent jurisdiction is for local agencies with the County the Sheriff is in.

Lawyers are already fighting this

Now looky there! It's about time someone in politics stepped up to the plate to bring people back to reality! Broward Sheriff Al Lamberti has added an addendum to the county's mutual aid agreement allowing city cops to enforce the traffic laws of this State anywhere within Broward County; on and / or off-duty. This is something the state legislature should have addressed a long time ago as we are all STATE CERTIFIED officers. Director Parker, I hope you have seen the news articles on this subject and follow suit without delay. I'm tired of driving to and from work in a police vehicle and having a reckless idiot "fly" past me and then flip me the bird knowing there isn't a darn thing I can do to him.

Hahahaha, that was me beotch!

[quote="City Cop":5qdsa1jx]Now looky there! It's about time someone in politics stepped up to the plate to bring people back to reality! Broward Sheriff Al Lamberti has added an addendum to the county's mutual aid agreement allowing city cops to enforce the traffic laws of this State anywhere within Broward County; on and / or off-duty. This is something the state legislature should have addressed a long time ago as we are all STATE CERTIFIED officers. Director Parker, I hope you have seen the news articles on this subject and follow suit without delay. I'm tired of driving to and from work in a police vehicle and having a reckless idiot "fly" past me and then flip me the bird knowing there isn't a darn thing I can do to him.

Hahahaha, that was me beotch![/quote:5qdsa1jx]

But seriously, the F.S. states that you must be ON DUTY. And last i checked going to and from work doesn't constitute as on duty.

A mutual aid agreement = emergency assistance agreement and/or voluntary cooperation agreement. Most agreements have an addendum for concurrent jurisdiction. In Miami-Dade, city cops can take enforcement action for any crime (including criminal traffic offenses) they observe. This addendum can be modified to allow for traffic infraction enforcement. Most notable agreement to review would be for the Jacksonville Sheriff's Office. The four municipalities in Duval county not serviced by JSO have been granted countywide traffic enforcement authority via the mutual aid agreement. This has been in effect for some time now with no legal issues being argued. It can by done and has been done! Now it the state legislature would just step up and amend 316.640, this wouldnt be a discussion item!

Since this is the MDPD Section, you might want to read Dept. Legal Note 2008-04 dated April 7, 2008. 4th paragraph.

"The Miami-Dade police dept. (MDPD) has mutual aid agreements will all municipalities in Miami-Dade county. The agreement contains concurrent jurisdiction clauses which extend the lawful authority of municipal officers beyond the jurisdiction of their municipalities in limited circumstances. A municipal officer may take official action outside of his/her municipality in the circumstances described below.
1) If a municipal officer is outside of his/her municipality on official business, the officer may make an arrest for a felony, misdemeanor or criminal traffic offense committed in his/her presence. Official business does not include routine patrol, undercover operations or preplanned operations.
2) Municipal officers investigating felonies and domestic violence related crimes that occur within their municipality may make arrests for those crimes outside of the municipality with a warrant based on probable cause."

Now, no where does it say it's allowable if you are commuting to or from work.

A mutual aid agreement = emergency assistance agreement and/or voluntary cooperation agreement. Most agreements have an addendum for concurrent jurisdiction. In Miami-Dade, city cops can take enforcement action for any crime (including criminal traffic offenses) they observe. This addendum can be modified to allow for traffic infraction enforcement. Most notable agreement to review would be for the Jacksonville Sheriff's Office. The four municipalities in Duval county not serviced by JSO have been granted countywide traffic enforcement authority via the mutual aid agreement. This has been in effect for some time now with no legal issues being argued. It can by done and has been done! Now it the state legislature would just step up and amend 316.640, this wouldnt be a discussion item!

Key words there, "This addendum can be modified to allow for traffic infraction enforcement."

Can but it's not.