Can public entities delegate public/peace officer powers to privately employed civilian staff?
Although there are currently certain specific or implied authorities for private firms to operate some types of jails, the powers able to be exercised by privately employed jail staff are limited. There is no statutory authority for public entities such as cities or counties to delegate public officer or peace officer powers to privately employed jail staff (PC 830 et seq.). The body of state law is extensive regarding authority, duties and powers to be exercised by public officers and peace officers, and indicates that important duties affecting personal liberties and public safety should be only entrusted to such officers. Civilian detention staff employed by private firms cannot perform certain duties such as: tactical use of force (chemical agents, lethal and less than lethal weaponry); search, seizure and arrest; accessing confidential records; among others. The inability of public entities to delegate public officer or peace officer powers to civilians is a major issue to conside
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