Can a county patrolman enforce Mississippi littering law on county roads, and does a § 97-15-30 conviction carry the extra $50 fine?

Plain-English summary

A Yalobusha County Justice Court Judge asked the AG three questions about littering enforcement. The AG addressed each:

1. How does a misdemeanor case begin in justice court? Section 99-3-2 says criminal matters start when an affidavit is lodged with the judge or clerk. Rule 2.1(a) of the Mississippi Rules of Criminal Procedure adds that proceedings can be commenced by charging affidavit, indictment, or bill of information. Justice court procedure follows Rule 3.01 of the Uniform Rules of Procedure of Justice Court, which incorporates the Rules of Criminal Procedure. The opinion separately describes warrantless arrests by law enforcement officers for offenses in their presence; it does not apply that power to county patrolmen.

2. Can a county patrolman employed by the board of supervisors enforce § 97-15-30 (littering)? Yes, for violations on county roads and rights-of-way. The AG cites a 2000 opinion (Palmer) that county patrolmen, hired by the board of supervisors, do not have general criminal law enforcement authority but may enforce road and motor vehicle laws and littering and dumping violations specifically (§§ 97-15-29, 97-15-30, 97-15-31), as well as weight-limit statutes. They are county employees; they do not need to be deputized by the sheriff.

3. Does the $50 assessment in § 97-15-29(7) apply to convictions under § 97-15-30? No. Section 97-15-29(7) imposes an additional $50 fine "on each violation of this section." The AG reads "this section" literally to mean § 97-15-29, not § 97-15-30. Even though § 97-15-30 cross-references § 97-15-29's underlying fine schedule, the $50 add-on is its own provision and does not extend to § 97-15-30 cases.

Currency note

This opinion was issued in 2020. 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.

Background and statutory framework

Mississippi has two adjacent littering statutes that often get conflated. Section 97-15-29 deals with littering with a substance likely to ignite grass and similar fire-hazard materials; it has its own fine schedule and a § 97-15-29(7) $50 add-on assessment per violation. Section 97-15-30 is the general "litter not exceeding 15 pounds or 27 cubic feet, not for commercial purposes" provision. Section 97-15-30(3)(a) cross-references § 97-15-29's fine ranges to set its base fine, but it does not pull in the § 97-15-29(7) add-on.

The AG reads the statutes as the legislature drafted them. The cross-reference for fine amounts is a way of avoiding redundant fine schedules; it is not a way of pulling in every assessment that attaches to § 97-15-29.

For commencement of cases in justice court, the AG cites Section 99-3-2(1) ("Anyone bringing a criminal matter in the justice court shall lodge the affidavit with the judge or clerk of the justice court. . . ."), Rule 3.01 of the Uniform Rules of Procedure of Justice Court (which says the Rules of Criminal Procedure govern), and Rule 2.1(a) of the Rules of Criminal Procedure (proceedings commenced by charging affidavit, indictment, or bill of information). For warrantless arrest, § 99-3-7(1) lets an officer or private person arrest without warrant for an indictable offense or breach of the peace "in his presence."

The Mississippi Supreme Court explained "in the presence" in Corry v. State, 710 So. 2d 853, 856 (Miss. 1998): an offense is committed in the officer's presence "when he acquires knowledge thereof through one of his senses." (The "So. 2d" reporter signals a Mississippi state court decision; the opinion does not go to the U.S. Supreme Court.) Corry cites earlier Mississippi cases Moss v. State, 411 So. 2d 90 (Miss. 1982), and Reed v. State, 199 So. 2d 803 (Miss. 1967).

For county patrolman authority, the AG quotes MS AG Op., Palmer (April 28, 2000): "[A] county patrolman has the power to patrol the roads of the county and to enforce the road and motor vehicle laws. . . . However, they do not have general criminal law enforcement authority. . . . [I]t is our opinion that the board of supervisors may employ county patrolmen and include in their duties the power to enforce violations for littering and dumping on the county roads and right-of-ways in violation of Sections 97-15-29, 97-15-30 and 97-15-31. They may also enforce weight limit statutes and ordinances. Such county patrolmen are employees of the board of supervisors and need not be deputized by the sheriff." That carve-out is the key point.

Common questions

Q: How is a criminal matter brought in justice court?
A: Section 99-3-2, as quoted in the opinion, says anyone bringing a criminal matter must lodge an affidavit with the justice court judge or clerk. Rule 2.1(a) also lists a charging affidavit, indictment, or bill of information as ways to commence proceedings.

Q: Does this opinion authorize county patrolmen to make warrantless arrests?
A: It does not decide that question. Its discussion of § 99-3-7(1) and Corry describes warrantless arrest by law enforcement officers generally. Its separate answer about county patrolmen says they may enforce specified littering laws on county roads and rights-of-way and do not have general criminal law-enforcement authority.

Q: What is the base fine for § 97-15-30 littering?
A: Section 97-15-30(3)(a) cross-references § 97-15-29, which under § 97-15-29(3) sets a fine of not less than $50 and not more than $250 for the lower-tier offense.

Q: Does the $50 § 97-15-29(7) assessment apply to all littering convictions?
A: No. The AG concluded the $50 assessment applies only to convictions under § 97-15-29 itself. A conviction under § 97-15-30 does not get the additional $50 assessment.

Q: Does the opinion decide the effect of citing the wrong littering section?
A: No. It answers which additional fine applies to a conviction under § 97-15-30: the $50 fine in § 97-15-29(7) does not apply.

Citations and references

Statutes:

• Miss. Code Ann. § 97-15-30 (general littering)
• Miss. Code Ann. § 97-15-29 (littering with substances likely to ignite grass)
• Miss. Code Ann. § 97-15-31 (related dumping offense)
• Miss. Code Ann. § 99-3-2 (commencement of criminal matters in justice court)
• Miss. Code Ann. § 99-3-7(1) (warrantless arrest for an offense in the arresting person's presence)

Rules:

• Uniform Rules of Procedure of Justice Court, Rule 3.01
• Mississippi Rules of Criminal Procedure, Rule 2.1(a)

Cases:

• Corry v. State, 710 So. 2d 853 (Miss. 1998), Mississippi Supreme Court definition of "in the presence" of an officer
• Moss v. State, 411 So. 2d 90 (Miss. 1982)
• Reed v. State, 199 So. 2d 803 (Miss. 1967)

Source

• Landing page: https://attorneygenerallynnfitch.com/divisions/opinions-and-policy/recent-opinions/
• Original PDF: https://attorneygenerallynnfitch.com/wp-content/uploads/2020/08/T.Howell_July-31-2020-Enforcement-of-Section-97-15-30-of-the-Mississippi-Code-Annotated.pdf

Original opinion text

July 31, 2020

The Honorable Trent L. Howell
Yalobusha County Justice Court Judge
Post Office Box 947
Water Valley, Mississippi 38965

Re: Enforcement of Section 97-15-30 of the Mississippi Code Annotated

Dear Judge Howell:

The Office of the Attorney General is in receipt of your request for the issuance of an official opinion.

Questions Presented

What is the process to commence a misdemeanor action in Justice Court?

Would a county patrolman, employed by the board of supervisors, be eligible to bring a cause of action based upon a violation of Miss. Code Ann. Section 97-15-30?

Is the fifty-dollar ($50.00) assessment, provided by Miss. Code Ann. Section 97-15-29(7), applicable to convictions pursuant to Section 97-15-30.

Brief Response

Commencement of a case in Justice Court is governed by Miss. Code Ann. Section 99-33-2.

County patrolmen, employed by the board of supervisors, do have the power to enforce violations of Section 97-15-30.

The fifty-dollar ($50.00) assessment provided by Section 97-15-29(7) would not be applicable to a conviction pursuant to Section 97-15-30.

Legal Analysis

Commencement of a case in justice court is governed by Section 99-3-2 and Rule 3.01 of the Uniform Rules of Procedure of Justice Court. Section 99-3-2 states, in pertinent part:

> (1) Anyone bringing a criminal matter in the justice court shall lodge the affidavit with the judge or clerk of the justice court. . . .

Rule 3.01 states that the Mississippi Rules of Criminal Procedure govern criminal procedure in justice courts. Rule 2.1(a) of the Rules of Criminal Procedure states:

> 2.1(a) Commencement. All criminal proceedings shall be commenced either by charging affidavit, indictment, or bill of information.

Law enforcement officers, however, have the authority to make an arrest without a warrant for misdemeanors that occur in their presence pursuant to Miss. Code Ann. Section 99-3-7(1), which states that, "an officer or private person may arrest any person without warrant, for an indictable offense committed, or a breach of the peace threatened or attempted in his presence. . . ".

An offense is committed "in the presence" of an officer "when he acquires knowledge thereof through one of his senses." Corry v. State, 710 So. 2d 853, 856 (Miss. 1998) (citing, Moss v. State, 411 So. 2d 90, 95 (Miss. 1982); Reed v. State, 199 So. 2d 803 (Miss. 1967)).

In response to your second question, this office has previously opined:

> . . . [A] county patrolman has the power to patrol the roads of the county and to enforce the road and motor vehicle laws. MS AG Op., Barry (May 31, 1996), and cases cited therein. However, they do not have general criminal law enforcement authority. Therefore, it is our opinion that the board of supervisors may employ county patrolmen and include in their duties the power to enforce violations for littering and dumping on the county roads and right-of-ways in violation of Sections 97-15-29, 97-15-30 and 97-15-31. They may also enforce weight limit statutes and ordinances. Such county patrolmen are employees of the board of supervisors and need not be deputized by the sheriff.

MS AG Op., Palmer, April 28, 2000. (Emphasis added.)

In response to your third question, Section 97-15-30(3)(a) states:

> (3)(a) Any person who violates this section in an amount not exceeding fifteen (15) pounds in weight or twenty-seven (27) cubic feet in volume and not for commercial purposes is guilty of littering and subject to a fine as provided in Section 97-15-29, which provides fines and penalties for littering with a substance likely to ignite grass. . . .

(Emphasis added.)

Section 97-15-29(3) imposes a fine of not less than fifty dollars ($50.00) nor more than two hundred fifty dollars ($250.00) upon a conviction. Section 97-15-29(7) though, imposes an additional fine in the amount of fifty dollars ($50.00) "on each violation of this section." Based upon a literal interpretation of this statute, it is the opinion of this office that, the additional fine imposed by Section 97-25-29(7) may only be imposed upon a conviction under Section 97-15-29 and is not applicable to a conviction under Section 97-15-30.

If this office may be of any further assistance to you, please do not hesitate to contact us.

Sincerely,

LYNN FITCH, ATTORNEY GENERAL

By: /s/ Kim P. Turner
Kim P. Turner
Assistant Attorney General