*NEW* Westchester County Sheriff

[7586]

Does anybody know what freq will the Westchester County Sheriff Office/PSEF operate off of??.


fyi, they are looking for recruits: click on the seven point badge
http://www.westchestergov.com/ps/

 

[K2KOH]

The Westchester "Sheriff" is also the Police Commissioner, Thomas Belfiore. Sheriff's personnel are actually county police officers assigned to the Civil Enforcement Division of the County Police. He is referred to as a sheriff because each county, by law, I believe, must have a sheriff.

 

[DaveNF2G]

Each county that has a jail must have a sheriff. Under NY law, the only required duties of the sheriff are to run the jail and serve court process papers. Road patrol is an optional extra. Sheriff departments in NY are not "police" departments.

 

[crashcrew]

Is that right........

http://www.erie.gov/sheriff/police_serv_division.asp

http://www.gobroomecounty.com/sheriff/

http://www.albanycountysheriff.com/

http://www.putnamsheriff.com/modules/news/index.php?storytopic=16

http://www.chemungsheriff.com/index.asp?pageId=265

Looks like they all perform "police" functions.......

 

[Spec]

Crash you are correct to a point. Check the CPL under definitions and you will see what Dave is referring to. There are many agencies that preform "police" type functions that are not police.

 

[crashcrew]

You mean this one? :lol:

CPL 1.20 sub 34 (b)

34. "Police officer." The following persons are police officers:
(a) A sworn member of the division of state police;
(b) Sheriffs, under-sheriffs and deputy sheriffs of counties outside
of New York City;
(c) A sworn officer of an authorized county or county parkway police
department;
(d) A sworn officer of an authorized police department or force of a
city, town, village or police district;
(e) A sworn officer of an authorized police department of an authority
or a sworn officer of the state regional park police in the office of
parks and recreation;
(f) A sworn officer of the capital police force of the office of
general services;
(g) An investigator employed in the office of a district attorney;
(h) An investigator employed by a commission created by an interstate
compact who is, to a substantial extent, engaged in the enforcement of
the criminal laws of this state;
(i) The chief and deputy fire marshals, the supervising fire marshals
and the fire marshals of the bureau of fire investigation of the New
York City fire department;
(j) A sworn officer of the division of law enforcement in the
department of environmental conservation;
(k) A sworn officer of a police force of a public authority created by
an interstate compact;

Sub K is me......

 

[Spec]

Pretty much. You might also check section 2.10 Between the two sections I think you'll get a good picture of what we're referring to. And you might go to the NYS Assembly website and access the "Laws" section as it usually is fairly up to date on the current NYS Laws. It's a pretty good site to wonder around to find out whats happening with all kinds of things.

Cheers

 

[DaveNF2G]

I never said that sheriff deputies were not police officers. I said, and there is a NYS Attorney General's opinion to back me up, that Sheriff Departments are not police departments.

1975 Op.Atty.Gen.(Inf.) 311

 

[crashcrew]

1981 OpAttyGen (Inf) 193, 195-196.

[A] sheriff has the power to enforce the law, which is what a police department does. If a sheriff provides a service to those municipalities that do not have a police force and does not provide the same service to municipalities that do have a police force and if that service is general law enforcement, the sheriff is in effect operating a "police department" even if it is called a "road patrol."

But what do I know, I'm just the 800 pound gorilla in the room :lol:

 

[APX8000]

It looks to me as if the are the same as "Reserve Deputies" as other counties call them...or in the police department environment, an "Auxillary Police Officer."

Basically, Peace Officer defined by CPL 2.10. I looked at their website and the 40 hours of training is the typical peace officer academy, followed by 40+ hours of firearms. You must also have a vaild pistol permit and are issued a county firearm which must be listed on your permit as an amendment.

A Police Officer under CPL 1.20 is not required to have a pistol permit to carry a firearm and the training is in excess of I believe 440 hours.

So, even though they are calling them "Deputy Sheriff's", the title doesn't carry the authority. I believe a Sheriff can appoint anyone as a Deputy. They are also specifically defined in the CPL:

CPL § 2.10 Persons designated as peace officers.
Notwithstanding the provisions of any general, special or local law or
charter to the contrary, only the following persons shall have the
powers of, and shall be peace officers:
1. Constables or police constables of a town or village, provided such
designation is not inconsistent with local law.
2. The sheriff, undersheriff and deputy sheriffs of New York city and
sworn officers of the Westchester county department of public safety
services appointed after January thirty-first, nineteen hundred
eighty-three to the title of public safety officer and who perform the
functions previously performed by a Westchester county deputy sheriff on
or prior to such date.

The image of the badge also says "Dept. of Public Safety" on the top and "Westchester County" on the bottom with the State of New York seal in the middle.

I wonder if the paid full-timers have the same badge, patch and uniform?

 

[crashcrew]

What you posted pertains to Westchester County. I was addressing sheriff's departments statewide that provide primary law enforcement duties for their counties.

 

[DaveNF2G]

crashcrew - Whether or not an entity is a "police department" is not defined according to whether they enforce any laws. It is defined according to the Criminal Procedure Law and the Municipal Law. The NYS Attorney General's interpretation carries more weight than yours or mine anyway.

I say again, in New York State, a county sheriff's department is not a police department under the laws of the state, no matter what side duties it might perform, or what training its employees might have.

 

[crashcrew]

Dave, did you read what I wrote? I included the exact text from 1981 OpAttyGen (Inf) 193, 195-196. Those are their words, not mine. Here they are again boldfaced.


1981 OpAttyGen (Inf) 193, 195-196.

[A] sheriff has the power to enforce the law, which is what a police department does. If a sheriff provides a service to those municipalities that do not have a police force and does not provide the same service to municipalities that do have a police force and if that service is general law enforcement, the sheriff is in effect operating a "police department" even if it is called a "road patrol."

But I guess you are right, I'll just quit while I'm ahead I guess. I'm just a jackass with a high school diploma :roll:

 

[K2KOH]

Just for info as well, the deputy sheriffs shown from the original poster are NOT police officers...they are peace officers, and are also considered an unpaid auxiliary force to the county police

 

[nyscan]

Sheriff's Deputies

So...Is this it?

1-Sheriff's Deputies outside NYC=Police Officers

2-Sheriff's Deputies in NYC=Peace Officers

3-WCDPS Officers hired to do what Sheriff's Deputies did=Peace Officer

4-WCDPS Officers doing parkway patrol etc.=Police Officer

5-WCDPS PSEF Part time reserve deputies=Peace Officer

The above is culled from the CPL quotes in the above posts. Please correct as needed with source.

 

[DaveNF2G]

That looks right.

Also remember that all police officers are peace officers, but only some peace officers are police officers. Dontcha just love New York? :roll:

 

[DaveNF2G]

DaveNF2G is mistaken - take note!

Dave, did you read what I wrote? I included the exact text from 1981 OpAttyGen (Inf) 193, 195-196. Those are their words, not mine. Here they are again boldfaced.

I'm sorry. I did not read what you wrote carefully enough. I did not realize that you were directly quoting the opinion. The 1981 opinion clearly conflicts with the 1973 opinion, and of course is more current.

There are a couple of caveats in the 1981 opinion that might still distinguish it from the general statement made in 1973, but that's a game for lawyers to play.

 

[comspec]

Back on Track

Boy,

Did this every get WAY off of the original posters question.

First off, what I am saying applies to Westchester County, NY ONLY and I don't want to get into arguments that the Dog Cathcer in Upper Slobovia is a Peace Officer, etc. etc. etc.

The WCDPS is the parent organization of the COUNTY POLICE which is a full time, paid, sworn police department with Primary juristdiction on County Property and Roads and/or State Roads under contract with the county such as the Saw Mill Pkwy. It was formed from the merger of the Parkway Police, County Sheriff and County Police departments.

The PSEF is a volunteer, unpaid auxiliary police force with Peace Officer authority ONLY when on duty. They actually DO NOT perform ANY traditional Sheriff's Department functions, but rather serve as Auxiliary police to any municipality within the county upon request. They actually generally (but not always) do not provide auxiliary support to the County Police themselves. They are called Sheriff's deputies only becuase it is the Commisoner/Sheriff who grants them their authority.

So as to what radio frequencies they use. I know they have their own radios, but since they are not a primary patrol force and do not respond to calls or dispatches, they are rarely used. If they should find themselves involved in some real police work (come up on scene of accident, etc.) they will simply come up on the county or county back-up frequency using their car number.

Interestingly enough. Historically one of the big responsibilites of Sheriff was maintaining the jails. Westchester has a whole seperate department for this with its own commisioner (Department of Corrections) seperate from the DPS.

OK, Now we can continue our discussion of Peace vs. Police vs. Special Police vs. Contable vs. Sheriff vs. Ranger vs. Dog Cather, etc. etc. etc.