Should we grant probation officers authority to arrest third parties?
Bill Summary
This bill amends the federal criminal code by authorizing a probation officer to arrest a third party (i.e., other than the probationer) if there is probable cause to believe the person is forcibly interfering with an officer’s performance of his or her official duties. Sponsor: Rep. Reichert, David G. [R-WA-8].
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Opponents say
• Probation officers are not there to do the job of law enforcement.
• That probation officers can already enter premises without a warrant is problematic. Granting them arrest authority will exacerbate questionable police practices and abuses in the justice system.
• That probation officers can already enter premises without a warrant is problematic. Granting them arrest authority will exacerbate questionable police practices and abuses in the justice system.
Proponents say
• Relying on law enforcement officers to deal with uncooperative or violent third parties creates myriad problems, including diverting police resource from other uses.
• Probation officers play a vital role in our criminal justice system, helping to keep both civilians and offenders safe. They need to be able to protect themselves and carry out the law.
• Probation officers play a vital role in our criminal justice system, helping to keep both civilians and offenders safe. They need to be able to protect themselves and carry out the law.