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Modern legal codes use the term ''peace officer'' to include every public-sector person vested by the legislating state with law-enforcement authority—traditionally, anyone "sworn, badged, and armable" but, basically, who can arrest, or refer such arrest for a criminal Prosecution . Hence, city police officers, county sheriffs' deputies, and state troopers are usually vested with the same authority within a given jurisdiction.

Jurisdictions may restrict the powers granted to those who have "peace-officer status" as opposed to "police status". For example, in New York State, all New York State Court Officers as well as Court Clerks assigned to the 1st and 2nd Judicial Departments are classified as Peace Officers; they are allowed to execute Bench Warrant s, but not Arrest Warrants .


CANADA

In Canada , ''peace officer'' can denote a person with the right to make arrests under provincial police acts and the Canadian Criminal Code . Under the Criminal Code of Canada, the following persons are Peace Officers in Canada and have jurisdiction as prescribed by an Act of Parliament:


  • (b) a member of the Correctional Service Of Canada who is designated as a peace officer pursuant to Part I of the ''Corrections and Conditional Release Act'', and a warden, deputy warden, instructor, keeper, jailer, guard and any other officer or permanent employee of a prison other than a penitentiary as defined in Part I of the ''Corrections and Conditional Release Act'',


  • (c) a police officer, Police Constable , Bailiff , constable, or other person employed for the preservation and maintenance of the public peace or for the service or execution of civil process,


  • (d) an officer within the meaning of the ''Customs Act'', the ''Excise Act'' or the ''Excise Act, 2001'', or a person having the powers of such an officer, when performing any duty in the administration of any of those Acts,



  • (e) a person designated as a fishery guardian under the ''Fisheries Act'' when performing any duties or functions under that Act and a person designated as a fishery officer under the ''Fisheries Act'' when performing any duties or functions under that Act or the ''Coastal Fisheries Protection Act'',


  • (f) the pilot in command of an aircraft


(i) registered in Canada under regulations made under the ''Aeronautics Act'', or

(ii) leased without crew and operated by a person who is qualified under regulations made under the'' Aeronautics Act'' to be registered as owner of an aircraft registered in Canada under those regulations,

while the aircraft is in flight, and

  • (g) officers and non-commissioned members of the Canadian Forces who are


(i) appointed for the purposes of section 156 of the '' National Defence Act '', or

(ii) employed on duties that the Governor in Council, in regulations made under the ''National Defence Act'' for the purposes of this paragraph, has prescribed to be of such a kind as to necessitate that the officers and non-commissioned members performing them have the powers of peace officers;

members of the Canadian Forces have Peace officer power while they are engaging in "in the course of any military operation, training or administration, either as a result of a specific order or established military custom or practice".


SEE ALSO



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