...There is no doubt but that a policeman is an officer. He is made a peace officer by section 817 of the Penal Code [nt: currently PENAL CODE, Sections. 830 et seq.], and a large part of his duties are such that he must have authority to act, not as the agent for the state or city, but by virtue of the office. See Ann. Cas. [Nt: Annotated Cases] 1912D, note at p. 897: 21 Cal. Jur., p. 389.
In Olmstead v. New York, 42 N. Y. Super. Ct. (10 Jones & S.) 481, it is said that the term "officer" implies "an authority to exercise some portion of the sovereign power of the state, either in making, administering or executing the laws. In Eliason v. Coleman, 82 N. C. 235, it is said: "The true test of a public office seems to be that it is a part of the administration of government, civil or military." In People v. Coler, 166 N. Y. 1 [82 Am. St. Rep. 605, 52 L. R. A. 814, 59 N. E. 716], we find that "an officer is a part of the personal force by which the state acts, thinks, determines and makes effective its constitution and its laws operative."
That a policeman is an officer of a city or state and not merely an employee or agent is approved in Dillon on Municipal Corporations [a private, unofficial, reference work], fifth edition, section 1655.
Without pursuing this branch of the inquiry it might be conceded that a policeman is not an officer in every sense of the term. In other words, it is not within the scope of this opinion to announce the law that for all purposes and in all respects the position of policeman fully meets all the standards and requirements essential to or usually inherent in the legal definition of an office. We do not attempt to determine the question. We do conclude, however, that a policeman in the discharge of his duties does stand in a relationship to the governing authority differing greatly from that of a mere employee or agent, and that relationship for many purposes is indistinguishable from and may be classified as that of a public officer. Being, as it is, so closely allied we hold that the principles herein announced have equal application to the position of policeman.
Further illustrating the attitude of our own courts on the policy of maintaining the integrity of public officials and removing all sources of temptation, see Moody v. Shuffleton, 203 Cal. 100 [262 Pac. 1095].
It is true that nowhere in the general law or in local ordinances can we find all the duties of a police officer set forth in detail. Indeed, these duties are so varied and indefinable that we could not expect an exact and detailed outline thereof.
In the case of Norton v. Shelby County, 118 U. S. 425 [30 L. ed. 178, 6 Sup. Ct. Rep. 1162], the court in speaking of a de facto officer says: "An officer de facto is one whose acts, though not those of a lawful officer, the law, upon principles of policy and justice, will hold valid so far as they involve the interests of the public and third parties, where the duties of the officer are exercised without known appointment or election under circumstances of reputation or acquiescence as were calculated to induce people, without inquiry, to submit to or invoke his action, supposing him to possess the power and right claimed."
While we are not dealing here with any question of an officer de facto, yet the language used has a striking application to the question of the powers of a police officer.
When the police from time immemorial [nt: course and custom] have exercised rights under circumstances of reputation or acquiescence as are calculated to induce people, without inquiry, to submit to or invoke their action, supposing them to possess the power and right claimed, the exercise of those rights will become an integral part of the duties incident to the office.
When a police officer discovers personal property of value abandoned upon the streets of a city it is but natural and reasonable to assume that either of two things has occurred, namely, that the property has been stolen or has been lost. Indeed, in the instant case the purpose of the police, or at least one purpose as admitted, was to discover whether or not the property had been stolen. In either case, however, it is well within the duty of a police officer to make inquiry, and, pending the result of that inquiry, to assure the safety and protection of the property, which is otherwise liable to destruction or deterioration. This duty and right of the police is universally conceded to the extent that the average citizen accepts it as a matter of course, and upon the discovery of property apparantly lost the first thing that suggests iself is to notify the police. (notes added in brackets, emphasis added) Noble v. City of Palo Alto (1928), 89 Cal.App. 47, 52-53.

West's ANNOTATED CALIFORNIA CODES, PENAL CODE (1999), � 7:
"7.8. The words "peace officer" signify any one of the officers mentioned in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2.

California PENAL CODE (1999), � 830 (emphasis added in boldface) [in part]:

830. Any person who comes within the provisions of this chapter and who otherwise meets all standards imposed by law on a peace officer is a peace officer, and notwithstanding any other provision of law, no person other than those designated in this chapter is a peace officer....

[That's not very clear, is it?
[What particular facts make a person "come within the provisions of this chapter"?
[Where are these "standards" listed?]
Well, here is where those standards should be:
California Commission on Peace Office Standards and Training [P.O.S.T.]

California PENAL CODE (1999), � 13510:

13510. (a) For the purpose of raising the level of competence of local law enforcement officers, the commission [nt: California Commission on Peace Office Standards and Training] shall adopt, and may from time to time amend, rules establishing minimum standards relating to physical, mental, and moral fitness that shall govern the recruitment of any city police officers, peace officer members of a county sheriff's office, marshals or deputy marshals of a municipal court, peace officer members of a county coroner's office notwithstanding Section 13526, reserve officers, as defined in subdivision (a) of Section 830.6, police officers of a district authorized by statute to maintain a police department, peace officer members of a police department operated by a joint powers agency established by Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code, regularly employed and paid inspectors and investigators of a district attorney's office, as defined in Section 830.1, who conduct criminal investigations, peace officer members of a district, or safety police officers and park rangers of the County of Los Angeles, as defined in subdivisions (a) and (b) of Section 830.31.
The commission also shall adopt, and may from time to time amend, rules establishing minimum standards for training of city police officers, peace officer members of county sheriff's offices, marshals or deputy marshals of a municipal court, peace officer members of a county coroner's office notwithstanding Section 13526, reserve officers, as defined in subdivision (a) of Section 830.6, police officers of a district authorized by statute to maintain a police department, peace officer members of a police department operated by a joint powers agency established by Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code, regularly employed and paid inspectors and investigators of a district attorney's office, as defined in Section 830.1, who conduct criminal investigations, peace officer members of a district, and safety police officers and park rangers of the County of Los Angeles,as defined in subdivisions (a) and (b) of Section 830.1.
These rules shall apply to those cities, counties, cities and counties, and districts receiving state aid pursuant to this chapter and shall be adopted and amended pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
(b) The commission shall conduct research concerning job-related educational standards and job-related selection standards to include vision, hearing, physical ability, and emotional stability.
Job-related standards which are supported by this research shall be adopted by the commission prior to January 1, 1985, and shall apply to those peace officer classes identified in subdivision (a). The commission shall consult with local entities during the conducting of related research into job-related selection standards.
(c) For the purpose of raising the level of competence of local public safety dispatchers, the commission shall adopt, and may from time to time amend, rules establishing minimum standards relating to the recruitment and training of local public safety dispatchers having a primary responsibility for providing dispatching services for local law enforcement agencies described in subdivision (a), which standards shall apply to those cities, counties, cities and counties, and districts receiving state aid pursuant to this chapter.
These standards also shall apply to consolidated dispatch centers operated by an independent public joint powers agency established pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code when providing dispatch services to the law enforcement personnel listed in subdivision (a).
Those rules shall be adopted and amended pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. As used in this section, "primary responsibility" refers to the performance of law enforcement dispatching duties for a minimum of 50 percent of the time worked within a pay period.
(d) Nothing in this section shall prohibit a local agency from establishing selection and training standards which exceed the minimum standards established by the commission.

Of the Intervention of the Officers of Justice

California Penal Code (1999), � 697.

Methods
INTERVENTION OF OFFICERS, IN WHAT CASES. Public offenses may be prevented by the intervention of the officers of justice:
1. By requiring security [nt: a bond] to keep the peace [Penal Code �� 701-714];
2. By forming a police in cities and towns, and by requiring their attendance in exposed places [Penal Code �� 719-720 (repealed, now Government Code � 38638)];
3. By suppressing riots. [Penal Code �� 723-734 (mostly repealed)]

[I have not yet found any case or statute which says that "peace officer" is the equal to or equivalent of "officer of justice". If one makes that assumption, one may or may not be correct.]

What are the Duties and/or Powers of a "constable"?

[Constables were the common-law officers of a city, hired directly by the citizens thereof, and responsible to the common-law courts of the justices of the peace.]
[In California, we were ill advised enough to eliminate the justice courts and justices of the peace by amendment of the California Constitution (Article VI, �� 1. and 5(b). [effective January 1, 1995].]
[No more constables, no more justices of the peace, no more justice courts, no more peace, no more justice in California.]

[Let's start our investigation at the "Local Government" level:]

What is a "chief of police"?

California Government Code (1999), � 39630:

38630. (a) The police department of a city is under the control of the chief of police.
(b) In municipalities which provide for police and other emergency services through a consolidated public safety agency which includes traditional law enforcement, fire protection, and other emergency services, the chief, director, or chief executive officer of such an agency shall control the agency. The chief, director, or chief executive officer of a consolidated public safety agency is a peace officer, and shall meet all of the same requirements imposed by law, regulation, or POST [The California Commission on Peace Officer Standards & Training] guidelines and recommendations as a chief of police, and he or she shall have all of the same rights, responsibilities, and privileges as does a chief of police. No one who fails to meet all of the above requirements of a chief of police and peace officer shall be appointed to the position of chief, director, or chief executive officer of a consolidated municipal public safety agency.

What are the Duties and/or Powers of this "chief of police"?

California Government Code (1999), � 39638:

38638. Public meetings; duty of mayor or police chief
The mayor or other officer in control of the police force in a city shall direct a sufficient number of policemen to attend and keep order at any public meeting in the city at which, in his opinion, a breach of the peace may occur.

California Government Code (1999), � 41601:

41601 Suppression of disorder, etc.; powers and protection
41601. For the suppression of riot, public tumult, disturbance of the peace, or resistance against the laws or public authorities in the lawful exercise of their functions, the chief of police has the powers conferred upon sheriffs by general law and in all respects is entitled to the same protection.

What are the Duties and/or Powers of a "sheriff"?

California Government Code (1999), � 26600:

26600. Preservation of peace
The sheriff shall preserve peace, and to accomplish this object may sponsor, supervise, or participate in any project of crime prevention, rehabilitation of persons previously convicted of crime, or the suppression of delinquency.

[This sounds to me like authority to sponsor Police Athletic League type (civilian) sports or social activities (and maybe "Neighborhood Watch"-type programs), not like authority to deploy SWAT teams or to field "undercover" officers.]

California Government Code (1999), � 26601:

26601. Arrests
The sheriff shall arrest and take before the nearest magistrate for examination all persons who attempt to commit or who have committed a public offense.

California Government Code (1999), � 26602:

26602. Prevention and suppression of disturbances
The sheriff shall prevent and suppress any affrays, breaches of the peace, riots, and insurrections which come to his knowledge, and investigate public offenses which have been committed.

So where do "police officers" come from?

California Government Code (1999), � 39631:

38631. The legislative body of a city may delegate to either the chief of police of the city or the city manager the authority to:
(a) Appoint one or more police officers.
(b) Appoint additional police officers when he or she deems it necessary for the preservation of the public order.

California Government Code (1999), � 41602:

41602. His [whose?] lawful orders shall be promptly executed by deputies, police officers, and watchmen in the city. Every citizen shall also lend his aid when required for the arrest of offenders and maintenance of public order.

What are the Duties and/or Powers of a "marshal"?

California Government Code (1999), � 71264:

71264. Whenever required, marshals shall attend the municipal courts of the district in which they are appointed or elected to act; provided, however, that a marshal shall attend a civil action only if the presiding judge or his or her designee makes a determination that the attendance of the marshal at that action is necessary for reasons of public safety.
Within their counties they shall execute, serve, and return all writs, processes, and notices directed or delivered to them by municipal courts or by other competent authority. A marshal of a municipal court who is authorized by law to appoint not more than four deputies, shall not be required to travel outside of his or her district to serve any civil process or notice. With respect to proceedings in the municipal court, the marshal of the court has all the powers and duties imposed by law upon the sheriff with respect to proceedings in the superior court.
In a county of the third class, the marshal shall attend all superior courts held within the county, subject to the restrictions of this section or Section 26603.

[So the "sheriff" attends the superior court and a "marshal" attends the municipal court?]

California Government Code (1999), � 71265:

71265. All provisions of Government Code Sections 26600-26602, 26604, 26606-26608.1, 26609, 26611, 26660-26664, 26680, and Code of Civil Procedure Sections 262, 262.1, 262.2, 262.3, 262.4, and 262.5, apply to marshals and govern their powers, duties and liabilities.

[This statute is perfectly clear and definite and easily understandable by the average person from the plain text. Right? Not! Can you say "un-Constitutionally vague" or "void for vagueness"?]

A History of Law Enforcement

[MORE TO COME]

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