Did Lake Charles Harbor Police have peace-officer authority even though the New Orleans port statute did not name them?

Plain-English summary

Lake Charles Harbor Police asked whether their omission from a statute about New Orleans port police meant they lacked peace-officer powers. The AG said the New Orleans statute did not govern Lake Charles. Instead, a separate provision empowered the Lake Charles Harbor and Terminal District board to provide police protection for the district and its harbor facilities. The AG concluded that its harbor police had police power and were peace officers under the definition in R.S. 40:2402.

The opinion placed those officers under the jurisdiction and control of the Lake Charles district's board of commissioners. Its answer relied on that district's statutory authority, not on extending the New Orleans law by analogy.

Currency note

This opinion was issued in 2004. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Did the New Orleans port statute grant Lake Charles officers their powers?

No. The AG said R.S. 34:26 applied to the Port of New Orleans, not the Port of Lake Charles.

What was the Lake Charles authority?

The opinion relied on R.S. 34:203A(2)(c)(ix), which allowed the district board to provide police protection for the district and harbor facilities.

Who controlled Lake Charles Harbor Police?

The AG said they were peace officers under the jurisdiction and control of the Lake Charles Harbor and Terminal District's board of commissioners.

Background and statutory framework

The request compared the New Orleans statute with the Lake Charles port statutes. The AG applied the Lake Charles provision and the statutory definition of a peace officer in LSA-R.S. 40:2402.

Citations

• LSA-R.S. 34:26 (New Orleans port-police provision).
• LSA-R.S. 34:203A(2)(c)(ix) (Lake Charles police protection).
• LSA-R.S. 40:2402 (peace-officer definition).

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/04-0037

Original opinion text

March 25, 2004
OPINION 04-0037

Captain Cheryl Cooper
Acting Chief
Lake Charles Harbor & Terminal District
Harbor Police Department
PO Box 3753
Lake Charles, Louisiana 70602

Dear Captain Cooper:

This office is in receipt of your request for an opinion of recent date wherein you asked the following question: inasmuch as Calcasieu or Port of Lake Charles is not mentioned in LSA-R.S. 34:26, can this be construed or misconstrued to be interpreted as the Port of Lake Charles (“POLC”) Harbor Police not having any Peace Officer powers at all?

In response to your question, LSA-R.S. 34:26 cannot be construed as giving the POLC Harbor Police any peace officer powers. LSA-R.S. 34:26 cannot be applied to the Port of Lake Charles, because the Port of Lake Charles is governed by LSA-R.S. 34:201 et seq. These codal provisions mandate the authority of the Port Commission.

LSA-R.S. 34:26, specifically allows the Board of Commissioners of the Port of New Orleans to pay port and harbor police and further provides that the port and harbor police have the power to make arrests and execute and return all criminal warrants. There is an analogous or corresponding codal provision with regard to the Board of Commissioners of the Lake Charles Harbor and Terminal District, LSA-R.S. 34:203A(2)(c)(ix).

LSA-R.S. 34:203A(2)(c)(ix), outlines the specific powers and authorities of the Lake Charles Harbor & Terminal District with regard to police powers. This article states in relevant part: “It (The Board of Commissioners) may provide light, water, and police protection for the district and for all harbor and terminal facilities situated therein;” emphasis added. In light of this provision, the Lake Charles Harbor Police, have police power. Therefore, since the Harbor Police have police powers they are peace officers within the meaning of LSA-R.S. 40:2402.

LSA-R.S. 40:2402 states in relevant part:

“Peace officer” means any full-time employee of the state, a municipality, a sheriff, or other public agency, whose permanent duties actually include the making of arrests, the performing of

Page 2

Captain Cheryl Cooper
OPINION 04-00037
Page 2

searches and seizures, or the execution of criminal warrants, and is responsible for the prevention or detection of crime or for the enforcement of the penal, traffic, or highway laws of this state, but not including any elected or appointed head of a law department.”

It is the opinion of the Attorney General’s Office that, LSA-R.S. 34:26 cannot be construed as giving the POLC Harbor Police any peace officer powers. However, based on LSA-R.S. 34:203A(2)(c)(ix), the Lake Charles Harbor Police are peace officers under the jurisdiction and control of the Board of Commissioners of the Lake Charles Harbor and Terminal District.

Very truly yours,

CHARLES C. FOTI, JR.
ATTORNEY GENERAL

BY:__________
PAUL KNIGHT
ASSISTANT ATTORNEY GENERAL

PRK/et/jy

Page 3

OPINION 04-0037

90-1 PORT COMMISSIONS

LSA-RS 34:26, LSA-RS 34:201, LSA-R.S. 34:203A(2)(c)(ix), and LSA-RS 40:2402.

LSA-R.S. 34:26 cannot be construed as giving the POLC Harbor Police any peace officer powers. However, based on LSA-R.S. 34:203A(2)(c)(ix), the Lake Charles Harbor Police are peace officers under the jurisdiction and control of the Board of Commissioners of the Lake Charles Harbor and Terminal District.

Captain Cheryl Cooper
Acting Chief
Lake Charles Harbor & Terminal District
Harbor Police Department
PO Box 3753
Lake Charles, Louisiana 70602

Date received:
Date released: March 25, 2004

PAUL KNIGHT
ASSISTANT ATTORNEY GENERAL