Collision at Lee and N. Lynn in Rosslyn
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May 10, 2014 at 7:20 pm #1000814
dbb
ParticipantWas surfing for some information on the jurisdiction of the USPP and came across NPS Directors Order 9
DIRECTOR’S ORDER #9: LAW ENFORCEMENT PROGRAM
Effective Date: March 23, 2006
Duration: Until Amended or TerminatedDirector’s Order #9 (DO-9), in conjunction with Reference Manual #9 (RM-9) and United States Park Police (USPP) General Orders, establishes and defines general standards, policies, and procedures for all law enforcement functions within the National Park Service (NPS). This DO supplements section 8.3 of Management Policies 2006. DO-9, Release No. 1, March 2000, is hereby superseded and replaced.
http://www.nps.gov/policy/DOrders/DOrder9.html
2.2 Law Enforcement Authority
Inside Park Boundaries: Within national park system boundaries, the Service will fulfill its law enforcement responsibilities using NPS employees. However, the NPS is authorized by 16 U.S.C. 1a- 6(c) to appoint (deputize) another agency’s qualified law enforcement personnel as special police when it will benefit the administration of a park area. Deputations may be issued only for the purpose of obtaining supplemental law enforcement assistance when deemed economical and in the public interest, and with the concurrence of the other agency. Deputations may not be used to delegate NPS law enforcement responsibilities to state or local governments. All such appointments must be approved by the bureau director of law enforcement or his/her designee, and supported by a written agreement with the other agency at the park or national level, except when there is insufficient time because of an emergency law enforcement situation.
Outside Park Boundaries: The Service is also authorized to use appropriated funds for “Rendering of emergency rescue, fire fighting, and [other] cooperative assistance to nearby law enforcement and fire prevention agencies and for related purposes outside of the National Park System”(16 U.S.C. 1b(1)). Further, insofar as 16 U.S.C. 1b(1) does not confer arrest authority to NPS personnel who act outside park boundaries, State arrest authority is first needed before NPS personnel can enforce State law or engage in law enforcement activity outside national park system boundaries.
This authority will be used in emergency situations, only after first determining that such actions will facilitate the administration of the park or be an effective management tool for obtaining mutual assistance from other agencies. Furthermore, the authority is intended for use only in response to an unexpected occurrence that requires immediate action, which may include one or more of the following:
Emergency responses such as life or death incidents, serious injury/ fatality accident/ incident scenes, crime scenes involving the protection of human life, officer needs assistance, threats to health or safety of the public.
Emergency or law enforcement incidents directly affecting visitor safety or resource protection.
Probable-cause felonies and felonies committed in the presence of and observed by USPR, SA or USPP.
Misdemeanors committed in the presence of USPR, SA or USPP that present an immediate threat to the health and safety of the public.
The Service may not assume law enforcement responsibility outside of park boundaries (except in two exceptions relating to the USPP who under the District of Columbia Code5-201 (2001) have the same police powers as the Metropolitan Police of the District of Columbia and were given police authorities under the District of Columbia Code 5-206 (2001) enabling them to act as police officers on all Federal reservations in nine counties and one city adjacent to the District of Columbia) in lieu of the legitimate responsibilities of nearby agencies. Cooperative assistance rendered to nearby law enforcement agencies outside of park boundaries should be limited to only those actions or efforts that support or assist those agencies. -
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