reply to post by Thorneblood
In order to make an arrest in my state, a person has to be:
A - Commissioned law enforcement, either here or from another state that is performing a function of their job.
B - A Commissioned Federal Officer that has full arrest authority (FBI/Marshals/Secret Service/etc).
TSA has a few commissioned positions...
When a commissioned Law Enforcement officer from another state / federal government is taking lawful action and come into the states jurisdiction,
they are automatically covered under state law to take action within my states borders (and vice versa to the surrounding states).
In principle, Municipal, County, State law enforcement is not empowered to enforce federal law, and Federal law enforcement is not empowered to
enforce state / local law. A few exceptions exist (Task forces for counter terrorism, drugs, fugitive recovery etc).
Its one thing for the FBI to initiate a traffic stop and make an arrest, being they are fully credentialed and have powers of arrest. However, when
they do this its based on Federal law violations and not local/state traffic laws. They are almost always needing to arrest the driver or passenger
in the vehicle on a Federal warrant.
A traffic stop can fall into 1 of 3 categories -
* - Infraction
* - Misdemeanor
* - Felony
Motor vehicle laws that cover everything except for Big Rigs / Interstate commerce is restricted to state / local law enforcement. This is one of the
reasons why people driving their Jeep Wranglers are not required to stop at weigh stations, let alone keep a driving/sleep log, cargo manifest, a
Class A license (Commercial), Medical card issued by their respective county coroners etc etc etc.
All of those items are required for commercial interstate transport (Big Rigs).
It makes sense for the TSA to be at Airports, Trains and interstate commercial vehicles. In those areas you have a jurisdiction problem being they
are crossing municipal boundaries, Township boundaries, county boundaries, state boundaries and possibly international boundaries.
It is not practical to allow local / state laws to be in effect as they vary so much from jurisdiction to jurisdiction.
The way to resolve that is to essentially make those areas Federal, and again, it makes sense.
If an accident occurs between a Train and a motor vehicle, there is a specific manner in which they are investigated and charges laid. In my area all
car verse train accidents are handled by the Highway Patrol (unless its a large city with their own trained officers). This occurs because the
accident occurred at the state level (car) and at the federal level (train).
So long as the train and its staff are completely within federal law, its a state matter. If they are not, then you get the Feds involved for their
The TSA has a place for interstate commerce, and NOTHING more. DOT registered vehicles are regulated by federal law, not state. They also have less
protections than a civilian does in their vehicle.
Law Enforcement, in general, does not have to have a reason to stop and inspect a Semi. This is how the TSA bypasses the "Law Enforcement"
requirement. However, when it comes to private vehicles / crimes committed in their presence, they are restricted to local / state law. In my state
a person who is not commissioned law enforcement cannot initiate a traffic stop.
If they stick to commerce, im ok with it. If they try and expand, I would not support it as, in my opinion, its an over reach of the federal
government and a violation of state sovereignty.