Open Carry in the office

Open Carry in the Office - It all boils down to you being scared of the offenders. :lol:

CO's cannot be compared with CPO's. PO's have way different jobs. Much more closer to the Police realm then CO's. When is the last time CO's had to serve an arrest warrant at a home, search a home, do an arrest in the office. The jobs dont compare

In my county the sheriff's office serves warrants. In over 25 years as a PO I never had to "serve a warrant" nor did I ever want to.

Well we know what kind of PO you are SOCIAL WORKER. NO clue, and loves re-entry. You should be fired.

According to DOC he is doing his job actually.

[Glok007]

CO's cannot be compared with CPO's. PO's have way different jobs. Much more closer to the Police realm then CO's. When is the last time CO's had to serve an arrest warrant at a home, search a home, do an arrest in the office. The jobs dont compare

In my county the sheriff's office serves warrants. In over 25 years as a PO I never had to "serve a warrant" nor did I ever want to.

Well we know what kind of PO you are SOCIAL WORKER. NO clue, and loves re-entry. You should be fired.

According to DOC he is doing his job actually.

part of doing the job is serving process...that includes NTA's and warrants. this guy never serves active warrants because he never requests them. I serve at least 1 warrant a month, and I'm not out looking for them. If you do your job properly, you have the DUTY to serve an active warrant on an offender if they are in front of you. You have been lucky that in over 25 years an offender that had a warrant on them that you didn't serve didn't go out and hurt someone. because if that happens, you are screwed.

that being said - P&P can't just be law enforcement or just social work. it's a blend. I do all the re-entry stuff and give each offender a fair shake at helping themselves, but if they want to mess around or don't give a crap, I am more than happy to go a little LEO on them. :cop:

[DC Consultant (Ret)]

"In my county the sheriff's office serves warrants. In over 25 years as a PO I never had to "serve a warrant" nor did I ever want to"

Think about it? In my 20 years I never "Served a Warrant". Lets assume we all are talking about VOP Warrants. Maybe on a couple 100 instances I have said " Offender the Deputy has a VOP Warrant for your arrest". But, I never served the Warrant. Why?
I am not trying to be a smart azz but I always enjoyed trying to out smart the Offender rather than shoot them. Just ask George Zimmerman.


FROM THE ATTORNEYS GENERALS WEBSITE: http://myfloridalegal.com/ago.nsf/Op...256584006C9313

Number: AGO 83-28
Date: May 11, 1983
Subject: Authority to serve arrest warrants


Mr. Allen W. Lindsay, Jr.
City Attorney
City of Milton
Post Office Box 586
Milton, Florida 32570

RE: MUNICIPALITIES--Service of arrest warrants by municipal police officers

Dear Mr. Lindsay:

This is in response to your request for an opinion on the following questions:

1. Does a police officer of a municipality have the authority to serve arrest warrants issued by the court of competent jurisdiction?

2. Can the sheriff direct the municipal police department to serve an arrest warrant or criminal summons initiated by the municipal police department?

QUESTION ONE

Your first question is answered in the negative.

Section 30.15(1), F.S., provides that sheriffs, in person or by deputy, shall execute in their respective counties all process of the courts of this state which is executed in their counties. No provision of general law authorizes or requires a municipal police officer to execute or serve arrest warrants or any other criminal process which is issued by the courts.

Section 901.04, F.S., requires that arrest warrants be directed to all sheriffs of the state and states specifically that "[a] warrant shall be executed only by the sheriff of the county in which the arrest is made ...." (e.s.) When the Legislature has prescribed the mode of doing a thing, that prescription must be observed, and when the controlling law directs how a thing shall be done that is, in effect, a prohibition against its being done in any other way. Alsop v. Pierce, 19 So.2d 799, 805-806 (Fla.1944). See also Weinberger v. Board of Public Instruction, 112 So. 253, 256 (Fla.1927); In re Advisory Opinion of the Governor Civil Rights, 306 So.2d 520, 523 (Fla.1975). Therefore, as ss. 30.15(1) and 901.04, F.S., read together direct that arrest warrants or any other criminal process issued by the state courts shall be executed or served only by the sheriff or his deputies, such service by a municipal police officer is not only unauthorized but is prohibited. Cf. AGO 71-107 (capias issued out of criminal court of record required to be served only by a sheriff, with result that such a capias cannot properly be directed to "all municipal police officers" or to any particular municipal police officer) and AGO 81-38 (municipality has no home rule power to grant its fire department officials the authority to issue or serve summonses or criminal process or process in the nature of criminal process in the state courts).

QUESTION TWO

Your second question is answered in the negative.

No provision of Ch. 30, F.S., nor any other general law that I am aware of, empowers a sheriff to delegate his or her duty to execute the criminal process of the state's courts to municipal police departments or to authorize or direct municipal police officers to execute or serve any criminal process issued by courts of this state. I therefore conclude that a sheriff is not authorized by law to direct a municipal police department or the municipal police to execute or serve any criminal process issued by the state's courts. As discussed above, s. 30.15(1), F.S., imposes on the sheriff (either in person or by his deputies), the duty to execute the criminal process of the state courts and ss. 30.15(1) and 901.04, F.S., when read together, direct that arrest warrants or any other criminal process issued by the state courts be executed or served only by the sheriff or his deputies. The general rule which is followed by courts in this state is that:

"[I]n the absence of statutory authority, a public officer cannot delegate his powers, even with the approval of a court. An officer, to whom a power of discretion is intrusted, cannot delegate the exercise thereof except as prescribed by statute. . . ."

1983?

More like 1948! I wish these old, broken down, geritol guzzling, denture wearing, retired fossils would get off this site. I don't want to read about "how we use to do it." Go play shuffleboard or have lunch at Perkins. Just go away!

"In my county the sheriff's office serves warrants. In over 25 years as a PO I never had to "serve a warrant" nor did I ever want to"

Think about it? In my 20 years I never "Served a Warrant". Lets assume we all are talking about VOP Warrants. Maybe on a couple 100 instances I have said " Offender the Deputy has a VOP Warrant for your arrest". But, I never served the Warrant. Why?
I am not trying to be a smart azz but I always enjoyed trying to out smart the Offender rather than shoot them. Just ask George Zimmerman.


FROM THE ATTORNEYS GENERALS WEBSITE: http://myfloridalegal.com/ago.nsf/Op...256584006C9313

Number: AGO 83-28
Date: May 11, 1983
Subject: Authority to serve arrest warrants


Mr. Allen W. Lindsay, Jr.
City Attorney
City of Milton
Post Office Box 586
Milton, Florida 32570

RE: MUNICIPALITIES--Service of arrest warrants by municipal police officers

Dear Mr. Lindsay:

This is in response to your request for an opinion on the following questions:

1. Does a police officer of a municipality have the authority to serve arrest warrants issued by the court of competent jurisdiction?

2. Can the sheriff direct the municipal police department to serve an arrest warrant or criminal summons initiated by the municipal police department?

QUESTION ONE

Your first question is answered in the negative.

Section 30.15(1), F.S., provides that sheriffs, in person or by deputy, shall execute in their respective counties all process of the courts of this state which is executed in their counties. No provision of general law authorizes or requires a municipal police officer to execute or serve arrest warrants or any other criminal process which is issued by the courts.

Section 901.04, F.S., requires that arrest warrants be directed to all sheriffs of the state and states specifically that "[a] warrant shall be executed only by the sheriff of the county in which the arrest is made ...." (e.s.) When the Legislature has prescribed the mode of doing a thing, that prescription must be observed, and when the controlling law directs how a thing shall be done that is, in effect, a prohibition against its being done in any other way. Alsop v. Pierce, 19 So.2d 799, 805-806 (Fla.1944). See also Weinberger v. Board of Public Instruction, 112 So. 253, 256 (Fla.1927); In re Advisory Opinion of the Governor Civil Rights, 306 So.2d 520, 523 (Fla.1975). Therefore, as ss. 30.15(1) and 901.04, F.S., read together direct that arrest warrants or any other criminal process issued by the state courts shall be executed or served only by the sheriff or his deputies, such service by a municipal police officer is not only unauthorized but is prohibited. Cf. AGO 71-107 (capias issued out of criminal court of record required to be served only by a sheriff, with result that such a capias cannot properly be directed to "all municipal police officers" or to any particular municipal police officer) and AGO 81-38 (municipality has no home rule power to grant its fire department officials the authority to issue or serve summonses or criminal process or process in the nature of criminal process in the state courts).

QUESTION TWO

Your second question is answered in the negative.

No provision of Ch. 30, F.S., nor any other general law that I am aware of, empowers a sheriff to delegate his or her duty to execute the criminal process of the state's courts to municipal police departments or to authorize or direct municipal police officers to execute or serve any criminal process issued by courts of this state. I therefore conclude that a sheriff is not authorized by law to direct a municipal police department or the municipal police to execute or serve any criminal process issued by the state's courts. As discussed above, s. 30.15(1), F.S., imposes on the sheriff (either in person or by his deputies), the duty to execute the criminal process of the state courts and ss. 30.15(1) and 901.04, F.S., when read together, direct that arrest warrants or any other criminal process issued by the state courts be executed or served only by the sheriff or his deputies. The general rule which is followed by courts in this state is that:

"[I]n the absence of statutory authority, a public officer cannot delegate his powers, even with the approval of a court. An officer, to whom a power of discretion is intrusted, cannot delegate the exercise thereof except as prescribed by statute. . . ."

zzzzzzzzzzz

"In my county the sheriff's office serves warrants. In over 25 years as a PO I never had to "serve a warrant" nor did I ever want to"

Think about it? In my 20 years I never "Served a Warrant". Lets assume we all are talking about VOP Warrants. Maybe on a couple 100 instances I have said " Offender the Deputy has a VOP Warrant for your arrest". But, I never served the Warrant. Why?
I am not trying to be a smart azz but I always enjoyed trying to out smart the Offender rather than shoot them. Just ask George Zimmerman.


FROM THE ATTORNEYS GENERALS WEBSITE: http://myfloridalegal.com/ago.nsf/Op...256584006C9313

Number: AGO 83-28
Date: May 11, 1983
Subject: Authority to serve arrest warrants


Mr. Allen W. Lindsay, Jr.
City Attorney
City of Milton
Post Office Box 586
Milton, Florida 32570

RE: MUNICIPALITIES--Service of arrest warrants by municipal police officers

Dear Mr. Lindsay:

This is in response to your request for an opinion on the following questions:

1. Does a police officer of a municipality have the authority to serve arrest warrants issued by the court of competent jurisdiction?

2. Can the sheriff direct the municipal police department to serve an arrest warrant or criminal summons initiated by the municipal police department?

QUESTION ONE

Your first question is answered in the negative.

Section 30.15(1), F.S., provides that sheriffs, in person or by deputy, shall execute in their respective counties all process of the courts of this state which is executed in their counties. No provision of general law authorizes or requires a municipal police officer to execute or serve arrest warrants or any other criminal process which is issued by the courts.

Section 901.04, F.S., requires that arrest warrants be directed to all sheriffs of the state and states specifically that "[a] warrant shall be executed only by the sheriff of the county in which the arrest is made ...." (e.s.) When the Legislature has prescribed the mode of doing a thing, that prescription must be observed, and when the controlling law directs how a thing shall be done that is, in effect, a prohibition against its being done in any other way. Alsop v. Pierce, 19 So.2d 799, 805-806 (Fla.1944). See also Weinberger v. Board of Public Instruction, 112 So. 253, 256 (Fla.1927); In re Advisory Opinion of the Governor Civil Rights, 306 So.2d 520, 523 (Fla.1975). Therefore, as ss. 30.15(1) and 901.04, F.S., read together direct that arrest warrants or any other criminal process issued by the state courts shall be executed or served only by the sheriff or his deputies, such service by a municipal police officer is not only unauthorized but is prohibited. Cf. AGO 71-107 (capias issued out of criminal court of record required to be served only by a sheriff, with result that such a capias cannot properly be directed to "all municipal police officers" or to any particular municipal police officer) and AGO 81-38 (municipality has no home rule power to grant its fire department officials the authority to issue or serve summonses or criminal process or process in the nature of criminal process in the state courts).

QUESTION TWO

Your second question is answered in the negative.

No provision of Ch. 30, F.S., nor any other general law that I am aware of, empowers a sheriff to delegate his or her duty to execute the criminal process of the state's courts to municipal police departments or to authorize or direct municipal police officers to execute or serve any criminal process issued by courts of this state. I therefore conclude that a sheriff is not authorized by law to direct a municipal police department or the municipal police to execute or serve any criminal process issued by the state's courts. As discussed above, s. 30.15(1), F.S., imposes on the sheriff (either in person or by his deputies), the duty to execute the criminal process of the state courts and ss. 30.15(1) and 901.04, F.S., when read together, direct that arrest warrants or any other criminal process issued by the state courts be executed or served only by the sheriff or his deputies. The general rule which is followed by courts in this state is that:

"[I]n the absence of statutory authority, a public officer cannot delegate his powers, even with the approval of a court. An officer, to whom a power of discretion is intrusted, cannot delegate the exercise thereof except as prescribed by statute. . . ."

Exactly...

Open Carry in the Office - It all boils down to you being scared of the offenders. :lol:

Go f... yourself!