Federal Jurisdiction Question

[ERL]

I was doing some research into some of the various 1811 positions and was reading the Applicant Information Booklet for NCIS. In it is the following paragraph:

Special Agents authorized to be armed must distinguish those situations which are within the scope of his/her employment from those outside the scope of employment. If an agent engages himself/herself in a situation outside of the scope of employment, regardless of duty status, he/she acts as a citizen without the sanction of the NCIS and assumes ensuing legal liability.

So, this got me wondering about different departments and the "scope" of their employment, as it's so eloquently worded.
Apologies for my lack of knowledge, but this is how I understand it...
A cop in Dallas has jurisdiction in Dallas, but not in another town. An FBI SA or USMS SA has jurisdiction in the United States (a national cop, if you will). NCIS agents have jurisdiction when it relates to Department of the Navy subject matter.

So, if there was a robbery being committed in Albuquerque, the FBI or USMS SA would be ok in doing something about it, but the NCIS agent (and Dallas cop) might get in trouble?

Thanks for shedding some light on this, and sorry if it has been asked before.

~erl

[Curt581]

"Scope of Employment" means a lot more than geographical jurisdiction.

[txinvestigator1]

"Scope of Employment" means a lot more than geographical jurisdiction.

+1

Special Agents authorized to be armed must distinguish those situations which are within the scope of his/her employment from those outside the scope of employment. If an agent engages himself/herself in a situation outside of the scope of employment, regardless of duty status, he/she acts as a citizen without the sanction of the NCIS and assumes ensuing legal liability.

An NCIS agent does not act within the scope of his employment if he intervenes in a domestic disturbance at his next door neighbors house. (unless he lives on a federal base, I guess).

A cop in Dallas has jurisdiction in Dallas, but not in another town

Not really. Most Texas Peace Officers have statewide jurisdiction for offenses committed within their presence or view, except for traffic.

However, most agencies have policies regarding the enforcing of laws outside of the officer's jurisdiction.

Without seeing the relevant sections of the US Code, I cannot tell you if all federal agents have the legal authority to enforce all federal laws. But I can tell you that agency police will dictate what they are allowed to do.


Non federal agents not sworn under federal jurisdiction cannot enforce Federal law. So, a Dallas cop cannot arrest a person for a violation of a federal law. Some states, like Texas, give certain federal agents the authority to make arrests for felonies.

[Nole795]

Those types of policy are really reflective of traffic laws. No one is going to give you a hard time if you stop a forcible felony such as a robbery. What most agents get in trouble for is doing traffic stops on a subject not related to their scope. In other words, dont do a traffic stop on a jerk who just cut you off in your G-Ride. This is the admin's way of keeping you in check.

FLEOA (Federal law Enforcement Officer Association )released an article that most administrative sanctions on an agent was due to abuse of the G-Ride, with the above example being one of them.

Another reason is what TX described, you have no business conducting investigations outside what NCIS allows. If you do and get in a bind, then your on your own.

[SHAACTION]

These good folks hit it right on the head. I'm not a fed but from what I've studied it falls into exactly what they have posted. I know there was a story where a FAM stopped a felony robbery and a FAMS rep said "he would've been negligent if he didn't do something". Feds cannot enforce local laws unless it is somehow a part of their investigation. I know OSI guys have restrictions due to the PCA but if they see a felony act they have the authority to intervene and that is most agencies... correct me if I'm wrong but I think this is what I've got out this subject.... There are so many holes here and there I just say worry about your agencies mission and wait to FLETC to get all the answers . No but good question, wish I was in FLE I'd help you a lil more.

[intheaircop2]

As a FAM I try to be a very good witness if anything goes down and call 911. We had a FAM team back in the day in San Fran, CA. shoot it out with a bad guy. A 2 man FAM team was on a layover and was in the WARF area and happend to see a lady getting robbed by gun point. One FAM had his weapon and yelled out "Stop Police!". According to what I read in the paper the FAM fired a round or two and the bad guy also fired some rounds and got away.

From my understanding all sworn law enforcement officers have a duty to act if a Force able felony is commited, but what do I know.

[ERL]

Thanks, all...that answers , my question!

[RT302]

Feds cannot enforce local laws unless it is somehow a part of their investigation.

Not entirely true. I assimilate state laws all the time, essentially taking state law violations into fed. court. Also, some states/counties issue state peace officer status to feds.

[Group9]

And, to throw in even more confusion to the mix, you have the Good Samaritan regulation for federal agents that says they will be deemed to be in the scope of their employment if they act to stop a crime of violence against someone, or a serious property crime. You also have many acts that a criminal can commit that are a violation of federal law and state law, (bank robbery, carjacking, drug violations, and a host of others.

And, then you also have different policies among various federal agencies as to what they consider to be in the scope of employment, so an act that resulted in one federal agent not being 'scoped' might very well end up with a federal agent in another agency being 'scoped'.

State law actually has nothing to do with you being scoped. Just because a state gives a federal agent some state authority does not mean that the federal agent will be scoped by his agency while exercising this state authority.

For example, just because a state were to give a federal agent the authority to write traffic tickets, does not mean that his agency would consider him to be in the scope of his employment while doing this.

This is one of those things that you just need to learn once you actually get a job as a federal officer or agent.

[TheIrish]

Basically, If you have not been trained in any laws outside of your job, Don't act on them unless you are in danger. If you see someone getting robbed and intervene and a shootout occurs, The DA will ask about your training, Who trained you on the laws, Where you learned them, And your full scope of knowledge on how you know what a felony is considered to a misdemeanor in varying jurisdictions, And if you can; prove your training of a law you got involved in, You will be hung out to dry. As for the Agency putting the scope of your duties covers them and the government, so that if there were a lawsuit, your on your own.

[chewy]

We have the legal ability to act upon "misdemeanors committed in the Officers presence" or Felonies "if the Officer has probable cause that the felony was, is or is going to be committed". Now there is also a HUGE difference between what you are legally allowed to do and what your agency/department ALLOWS.

Even if I witness the crime I'm not taking ANY action other than calling the local Police unless someones life is in danger and even then our agency only allows us to use deadly force to protect our life or the life of another LE officer. Be A GOOD WITNESS.... you're told that soo many times you get sick of hearing it but it'll save you a whole bunch of pain if you follow it. Even though we aren't allowed deadly force to protect a non-LEO I have to think that if it's eminant that someone is going to be killed I'm going to do what I know is right, then I'll go home and start sending out applications !:rolleyes: :D

[H.R. Cufnstuf]

NCIS and the other military law enforcement agencies are a unique case. Their job is to investigate crimes against the military and many routine police duties (eg. those not involving military members or assets) are outside their scope.