K-9 searches of visitors
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  1. #1
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    K-9 searches of visitors

    Can anyone from FDC explain the issues with K-9 searches of visitors now leading to, if I read this correctly, the filing felony charges against the K-9 officers? As someone who routinely responds to the CI in my county, I am at a complete loss to understand how something that I would think happens at every prison, including my county jail, every day is now unconstitutional and has caused COs to be arrested. It was my understanding that on facility grounds Correctional Officers can detain anyone until deputies arrive. Is this not true anymore? for your help in getting an understanding of this.

    https://www.wftv.com/news/9-investig...ests/987720796

  2. #2
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    It was all dropped.

  3. #3
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    Because it constitutes an unlawful search and seizure.

  4. #4
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    AG Moody quote:
    Black's Law Dictionary 796 (5th Ed. 1979), defines "law enforcement officer" as one "whose duty it is to preserve the peace," and at p. 1017 defines "peace officer" as an officer whose duty it is "to enforce and preserve the public peace . . . any person who has been given general authority to make arrests." Attorney General Opinion 076-5 concluded that the supervision of prisoners and their activities during the terms of their confinement can be classified as a police function in that they keep the public peace, and also concluded that guards of the then Department of Offender Rehabilitation, designated law enforcement officers pursuant to s. 790.001(8)(d), F.S., and actually serving as armed guards or custodial officers, are also law enforcement officers entitled to the benefits of s. 90.141. Attorney General Opinion 076-5 also noted that in other jurisdictions, prison guards and custodial officers or employees are considered law enforcement or peace officers. See also, AGO 076-24, construing s. 112.19(1)(c), and concluding that parole and probation officers are "law enforcement officers" for the purposes of that statute, since, among other reasons, they have limited powers of arrest pursuant to s. 947.22(2). Correctional officers also have the power to make arrests. See, s. 843.04(1) (which requires prison guards to arrest any escaped convict) and s. 944.39 (which authorizes any "peace officer or any . . . guard of the department" to arrest without warrant persons interfering with prisoner work or the discipline or good conduct of prisoners). Thus it would appear that correctional officers, as defined in s. 943.10(2) and newly amended s. 112.531(2), are just as much "law enforcement officers" within the scope of their jurisdiction as are sheriffs and municipal police officers within their respective jurisdictions. See, AGO 076-5.

    Additionally, I note that Part VI, Ch. 112, is but one of many statutes that treat or define "law enforcement officers" and "correctional officers" in a similar way. Section 790.001(8), in defining "law enforcement officers" includes both (a) employees of any state agency that have the authority to make arrests and (d) employees of the state prisons or correctional systems who have been designated as law enforcement officers by the Department of Corrections or by a superintendent of an institution. For the purposes of Part I, Ch. 112, s. 112.19(1)(c) includes within the meaning of "law enforcement officer" any full-time officer whose duties require him to transport, handle, or guard persons arrested for, charged with or convicted of violations of the criminal laws. See also, s. 121.0515(2)(a) and (c) (defining the criteria for designation as a "special risk member" of the Florida Retirement System, and including both law enforcement officers and certain correctional officers), ss. 943.13 (establishing basic uniform qualifications of law enforcement officers and correctional officers), and 943.145 (concerning certification and decertification of both categories of officers).

  5. #5
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    Dropped

    They dropped the investigation. They are allowed to by law make arrests.

  6. #6
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    Fake, this quote isn't from AG Moody. This is an OLD "opinion" from Attorney General Jim Smith in 1982 long before the legislature changed the statutes to separate applicability of most laws for the disciplines.

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