Probation Officer Authority??

[spooter66]

Is "stink eye" a legal term? A lot of posters in this thread are assuming that they were looking at you because you were OC. Maybe you had toilet paper on your shoe. Maybe you look like someone they know and they were trying to figure it out. Maybe you look like a dirtbag. Maybe they were eyeballing you because you were eye-balling them. Maybe you are paranoid and think that everyone is looking at you.

The POs I know get dressed up like that only when they are doing sweeps of Probates houses or going to pick someone up for violating. Maybe it's different in Adams.

I'm just an over weight clean cut guy dressed in polo shirt, shorts and sandal's. They were definetly tracking me and I'm old enough and have enough ex's to have experienced the "stink eye". My sister who was with me is the one who pointed out the fact that they were watching me, so it wasn't just me.

Maybe they did think I was one of their lambs, who knows.

[spooter66]

Main Entry: stink eye
Part of Speech: n
Definition: a facial expression of distrust, disdain, or disapproval; also called skunk eye, hairy eyeball
Example: those bastard POs are giving me the stink eye!
Etymology: 1962

That's it!!!

All you married men out there know that look.

[Swarner793]

Do what I do when being eyeballed, wink at them. It certainly prompts a reaction everytime. Good, bad or something, it causes a reaction. I use it on many, many occasions and in many, many settings.

Be safe (and ).

Scott

[steelersfan86]

I was reading down through here and was kinda upset with what I saw. I know this forum is fairly old, however, I just thought if anyone was still interested this might clear things up.

Probation/parole officers obtain their authority from PA Act 277, August 6, 1963 and amended by PA Act 1992-117, December 4, 1992, which states that probation/parole officers shall have the power of peace officers in the performance of their duties and shall have police powers and authority throughout the Commonwealth to arrest with or without warrant any person on probation, intermediate punishment or parole for any violation of probation, intermediate punishment or parole.

Therefore probation/parole officers in PA are considered peace officers which does categorize them as law enforcement officers. While there authority is limited and I will acknowledge the fact that probably not all of them are wonderful, they are still considered law enforcement.

Also the following information may be useful as it grants probation/parole officers in PA the authority to assist other law enforcement officers in the lawful performance of their duties as long as this is approved ahead of time . This would mean if a parole/probation officer was working with a local sheriff's department or on a task force of some form they could very well be performing law enforcement duties dealing with subjects who are not on active supervision. It also further states that probation/parole officers are acting within the scope of duty if providing assistance to the victim of a crime. For example if probation/parole officers were working in the field and rendered assistance to someone being assaulted they would be considered to be acting within the scope of their official duty. Not saying any of this necessarily applied to the situation that was initially referenced but it does better outline the official authority of a probation/parole officer in PA.

§ 8332.8. Immunity of county probation officers.

(a) Assistance of law enforcement personnel.--In addition to the provisions of section 1 of the act of August 6, 1963 (P.L.521, No.277), entitled "An act providing that probation officers shall have the power of peace officers in the performance of their duties," or any other law, any probation officer appointed by any court of record of this Commonwealth who, after obtaining permission in advance from a person authorized by the appointing court, assists Federal, State or local law enforcement officers or agents, State parole agents or county probation officers in the lawful performance of their duties shall be considered to be acting within the scope of his official duty for all purposes of law and shall enjoy any benefit or immunity conferred upon an employee of that county.

(b) Assistance of criminal victims.--In addition to any other immunity provided by law, any probation officer appointed by any court of record of this Commonwealth who is entitled to immunity under section 8331.3 (relating to criminal victim aid good Samaritan civil immunity) as a result of providing assistance to a victim of a crime shall be considered to be acting within the scope of his official duty while providing assistance to the victim for all purposes of law and shall enjoy any benefit or immunity conferred upon an employee of that county.

(Dec. 9, 2002, P.L.1705, No.215, eff. 60 days; Dec. 30, 2003, P.L.432, No.61, eff. 60 days)



References in Text. Section 1 of the act of August 6, 1963 (P.L.521, No.277), referred to in subsec. (a), was repealed by the act of August 11, 2009 (P.L.147, No.33). The subject matter is now contained in Part IV of Title 61 (Prisons and Parole).

[jerkin]

They don't have even half the authority of a bunny cop. I'd consider them about as close to law enforcement as the security guard at the mall.

[steelersfan86]

While I certainly can appreciate your freedom to express any and all opinions on the situation. I would once again point you to the above referenced information where PA status specifically classify these officers as peace officers. Security guards are not classified as peace officers. Furthermore I would go ahead and check out the criteria for an officer who has been killed in the line of duty being placed on the "National Law Enforcement Officers Memorial". You will find that Probation/Parole officers would be eligible to have there name engraved on this wall right along side local, state, and federal officers from all services. You may also wish to contact your congressman as apparently the Department of Justice classifies these officers as slightly more than security guards, due to the fact that the Public Safety Officers' Benefits (PSOB) will be paying their family's roughly $330,000 dollars in death benefits if they are killed while working. Just some food for thought.

[jerkin]

I can reference information where the .gov classifies a shoestring as a machine gun, does that mean I'm carrying two machine guns every time I leave the house? A real LEO can stop, detain and/or arrest someone if they feel a crime is being committed, a probation "officer" (and I use that term loosely) can not.

Furthermore, a real LEO, even a retired one, can carry in any State in the Country under LEOSA. Does this apply to probation officers? It does not because they aren't "classified" as law enforcement officers. Part of the criteria to be considered a qualified law enforcement officer states: "authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of, or the incarceration of any person for, any violation of law"

That law covers constables, Coast guard police and even Amtrak police, not probation officers or security guards though.

[steelersfan86]

(a) Assistance of law enforcement personnel.--In addition to the provisions of section 1 of the act of August 6, 1963 (P.L.521, No.277), entitled "An act providing that probation officers shall have the power of peace officers in the performance of their duties," or any other law, any probation officer appointed by any court of record of this Commonwealth who, after obtaining permission in advance from a person authorized by the appointing court, assists Federal, State or local law enforcement officers or agents, State parole agents or county probation officers in the lawful performance of their duties shall be considered to be acting within the scope of his official duty for all purposes of law and shall enjoy any benefit or immunity conferred upon an employee of that county.

So legally a probation/parole officer can engage (engage definition -to take part; participate) in any law enforcement activity as long as they are doing it to assist another law enforcement officer who is acting within the lawful scope of his official duty and when a probation/parole officer is doing this they are considered to be working within the scope of official duty for all purpose of the law.

authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of, or the incarceration of any person for, any violation of law"


Well what do you know the LEOSA does not state that you must have this authority at all times, it just simply states that you must have it. Probation/Parole officers in PA serve on task forces with local, state, and federal law enforcement officers. This law was specifically created so that these officers could do this and have the legal authority to engage in law enforcement activities that involved people who were not currently on supervision.

As far as I know in PA probation/parole officers who are armed(not all counties have armed officers) do fall under the LEOSA. I would love to see some legal documentation that shows other wise.

On a side note I like how you referenced constables, considering that PA Status limit constables authority. A constable does not have the authority to arrest any person for any violation of law. (Commonwealth v. McGavin, 305 Pa. Super. 528, 534, 451 A. 2d 773 (1982)the Superior Court held that the statute authorizing Constables to make warrantless arrests, 13 P.S. 45 et seq. (above),requires that the offense for which the warrantless arrest is made be an offense that (1) is committed within view of the Constable, and (2) constitutes a breach of the peace (described above). While I do realize there was a court case upholding the fact that they do fall under the LEOSA, I think its safe to say that the LEOSA might not be as cut and dry as your trying to make it. I would love to read any information you can find in regards to officers not qualifying under this act.

[DaveM55]

PA State Parole officers who are certified to be armed do fall under the LEOSA. This is a fact.

I'm not sure about county probation officers.