Can a Mississippi auxiliary deputy sheriff who is not certified make traffic stops, write tickets, transport inmates, or make arrests?

Plain-English summary

Smith County's board attorney asked five questions about auxiliary deputy sheriffs who work as volunteers, have no certification, and have not completed the law enforcement academy: can they make traffic stops alone, write tickets, must they be accompanied by certified deputies, can they transport inmates alone, can they make arrests alone?

The AG gave a single answer that resolves all five questions: an auxiliary deputy sheriff is by statutory definition a part-time law enforcement officer under Section 45-6-3(d), and Section 45-6-11(3)(a) prohibits anyone from being appointed or employed as a law enforcement officer or part-time law enforcement officer without BLEOST certification. So a person who is not certified cannot serve as an auxiliary deputy sheriff at all, and therefore cannot do any of the activities the question listed.

The AG explicitly overruled prior opinions (Austin, May 28, 1986; Norquist, July 12, 1996) that had said auxiliary deputies without law enforcement duties could skip certification. Those opinions were issued before the 1998 amendments (S.B. 2227) that tightened training requirements across the board. To the extent those prior opinions conflict with this one, the 2025 opinion controls.

The AG noted that Section 19-25-21 references "deputies who have law enforcement duties," which on its face suggests there could be sheriffs' deputies without law enforcement duties. But based on the broader statutory framework (Section 45-6-3(d) defining part-time/auxiliary, Section 45-6-11 requiring certification), the AG concluded that all sheriffs' deputies must be certified.

What this means for you

For sheriffs running auxiliary deputy programs

Audit your auxiliary deputy roster against BLEOST certifications. Anyone who has not completed the part-time law enforcement officer training and certification cannot do field work. They cannot make traffic stops, write tickets, transport inmates, or make arrests. This applies even if they have always done so under prior practice.

If you have uncertified auxiliary deputies on your roster, do one of three things: (1) get them through the part-time officer certification program, (2) reassign them to non-law-enforcement support roles that do not require sworn authority (think clerical, dispatch, evidence technician work that does not include arrest authority), or (3) end their service. Continuing to deploy uncertified deputies in field roles after this opinion exposes the county and the sheriff to civil liability and potentially criminal exposure.

For county boards of supervisors

Under Section 19-25-23, the board approves the number of auxiliary deputies. After this opinion, that approval should presume certification. If a sheriff requests funding for auxiliary deputy training (academy tuition, BLEOST fees, equipment), favor that over expanding an uncertified roster.

For county attorneys

This opinion is now controlling. Earlier AG opinions (Austin 1986, Norquist 1996) that some sheriff's offices have relied on are obsolete. Update training materials and policies. Brief the sheriff and the board on the change. The 1998 statutory amendments closed the gap; the AG just confirmed the current state of the law.

For people considering volunteer auxiliary deputy roles

You cannot do field law enforcement (traffic stops, arrests, transports, ticket writing) without BLEOST certification as a part-time law enforcement officer. The certification requires meeting essentially the same standards as full-time officers under Section 45-6-11(4): the same performance objectives and similar program content. If you want to volunteer with a sheriff's office, ask about non-law-enforcement support roles or pursue the certification path.

For BLEOST

Demand for part-time officer certification training may increase as sheriffs rebuild auxiliary programs around this opinion. Ensure capacity and outreach to county sheriffs.

Common questions

Can an auxiliary deputy do anything without certification?
Not law enforcement work. Sheriffs may use uncertified personnel for clerical, dispatch, evidence handling, or other non-sworn support, but those people are not "deputy sheriffs" with arrest authority. They are administrative staff.

What does it take to become a BLEOST-certified part-time law enforcement officer?
BLEOST sets the qualifications and training program. Section 45-6-11(4) requires the part-time program to meet "essentially the same standards and requirements as law enforcement officers" with "the same or similar content as the programs approved by the board for full-time law enforcement officers." Check with BLEOST for current curricula and admission criteria.

What about volunteer "reserve" deputies?
Section 45-6-3(d) covers part-time, reserve, and auxiliary capacities together. The same certification rule applies regardless of label.

The deputy works without compensation. Does that change anything?
No. The compensation threshold in Section 45-6-3(d) (less than $475/week or $2,050/month) defines who is a part-time officer rather than full-time. Volunteer status still triggers the part-time officer category and the certification requirement.

Can a sheriff make a person a deputy through Section 19-25-19 even if BLEOST has not certified them?
Section 19-25-19 lets the sheriff appoint deputies to assist in carrying out the duties of his office. But Section 45-6-11(3)(a) layers a certification requirement on top: no one can be appointed or employed as a law enforcement officer without BLEOST certification. The sheriff's appointment power does not override the certification requirement.

Does this opinion overrule the 1986 Austin and 1996 Norquist opinions?
Yes, to the extent they conflict. The AG explicitly said: "To the extent that any prior opinions conflict with this one, this opinion is controlling on the issues presented in your request."

Background and statutory framework

Section 19-25-23 authorizes sheriffs to maintain regular deputies and "an adequate number of properly trained auxiliary deputy sheriffs." The board of supervisors approves the number. The auxiliary deputies are "equipped, trained and paid from the general county fund."

Section 45-6-3(d) defines part-time law enforcement officer:

any person appointed or employed in a part-time, reserve or auxiliary capacity by the state or any political subdivision thereof . . . who is duly sworn and vested with authority to bear arms and make arrests, and whose primary responsibility is the prevention and detection of crime, the apprehension of criminals and the enforcement of the criminal and traffic laws of this state or the ordinances of any political subdivision thereof.

The AG read "auxiliary capacity" in this definition to bring auxiliary deputy sheriffs squarely within the part-time officer category.

Section 45-6-11(3)(a): "No person shall be appointed or employed as a law enforcement officer or a part-time law enforcement officer unless that person has been certified as being qualified under the provisions of subsection (4) of this section."

Section 45-6-11(3)(c) bars service as a law enforcement officer in an auxiliary capacity if certification has been suspended, cancelled, or recalled.

Section 45-6-11(4) directs BLEOST to set qualifications, and to set "qualifications for the appointment or employment of part-time law enforcement officers to essentially the same standards and requirements as law enforcement officers" plus a part-time training program with the same performance objectives.

The 1998 amendments under S.B. 2227 (1998 Miss. Laws Ch. 394) introduced the current training-required-for-all framework. Earlier AG opinions (Austin 1986, Norquist 1996) issued before that amendment had said auxiliary deputies without law enforcement duties could skip certification. Those holdings are now obsolete.

The Woodson opinion (Jan. 3, 2012) confirmed that an individual must be a part-time or full-time certified law enforcement officer (or a law enforcement trainee under Section 45-6-3(e)) to perform deputy sheriff law enforcement duties.

Citations

• Miss. Code Ann. § 19-25-3 (sheriff training upon election)
• Miss. Code Ann. § 19-25-19 (sheriff's appointment of deputies)
• Miss. Code Ann. § 19-25-21 (deputies who have law enforcement duties)
• Miss. Code Ann. § 19-25-23 (auxiliary deputy authority and board approval)
• Miss. Code Ann. § 19-25-67 (sheriff as chief county law enforcement officer)
• Miss. Code Ann. § 45-6-3(c) (full-time law enforcement officer)
• Miss. Code Ann. § 45-6-3(d) (part-time/reserve/auxiliary law enforcement officer)
• Miss. Code Ann. § 45-6-3(e) (law enforcement trainee)
• Miss. Code Ann. § 45-6-11(3)(a) (certification required for appointment or employment)
• Miss. Code Ann. § 45-6-11(3)(c) (no auxiliary service when certification suspended/cancelled/recalled)
• Miss. Code Ann. § 45-6-11(4) (BLEOST qualification and training authority)
• Miss. Code Ann. § 63-9-21 (deputy authority to issue traffic tickets)
• Miss. Code Ann. § 99-3-1 (deputy authority to make arrests)
• 1998 Miss. Laws Ch. 394 (S.B. 2227) (1998 amendments tightening training requirements)

Source

• Landing page: https://attorneygenerallynnfitch.com/divisions/opinions-and-policy/recent-opinions/
• Original PDF: https://attorneygenerallynnfitch.com/wp-content/uploads/2025/06/W.-James-June-10-2025-Auxiliary-Deputy-Sheriffs.pdf

Original opinion text

June 10, 2025
Wendell James, Esq.
Board Attorney, Smith County
P.O. Box 441
Raleigh, Mississippi 39153
Re:

Auxiliary Deputy Sheriffs

Dear Mr. James:
The Office of the Attorney General has received your request for an official opinion.
Questions Presented
1. May an auxiliary deputy sheriff who works on a volunteer basis, does not have any type of
certification, and has not completed the law enforcement academy make traffic stops when he is
alone?
2. May an auxiliary deputy sheriff who works on a volunteer basis, does not have any type of
certification, and has not completed the law enforcement academy write tickets for alleged
violations?
3. Must an auxiliary deputy sheriff who works on a volunteer basis, does not have any type of
certification, and has not completed the law enforcement academy be accompanied by certified
law enforcement at all times?
4. May an auxiliary deputy sheriff who works on a volunteer basis, does not have any type of
certification, and has not completed the law enforcement academy transport inmates alone?
5. May an auxiliary deputy sheriff who works on a volunteer basis, does not have any type of
certification, and has not completed the law enforcement academy make arrests alone?
Brief Response
1. An auxiliary deputy sheriff is considered a part-time law enforcement officer and, therefore,
must meet the training requirements and qualifications for part-time law enforcement officers,
including the "authority to bear arms and make arrests, and whose primary responsibility is the
prevention and detection of crime, the apprehension of criminals and the enforcement of the
criminal and traffic laws of this state or the ordinances of any political subdivision thereof." Miss.
Code Ann. § 45-6-3(d). Therefore, a person who has not been certified as a part-time law
enforcement officer cannot serve as an auxiliary deputy sheriff.
2. See Response 1.
3. See Response 1.
4. See Response 1.
5. See Response 1.
Applicable Law and Discussion
"The sheriff is the chief law enforcement officer of the county whose duty is to keep the peace
within his county." MS AG Op., Burch at *1 (Sept. 21, 2023) (citing Miss. Code Ann. § 19-25-67). Unless a limited grandfather clause based on prior law enforcement experience applies, all
sheriffs must complete law enforcement training upon their election as specified in Mississippi
Code Annotated Section 19-25-3. Sheriffs "have power to appoint one or more deputies to assist
him in carrying out the duties of his office[,]" and "[s]uch deputies shall have authority to do all
the acts and duties enjoined upon their principals." Miss. Code Ann. § 19-25-19. Among other
powers, sheriffs and their deputies have the authority to make arrests pursuant to Section 99-3-1
and issue traffic tickets in accordance with Section 63-9-21. Pursuant to Section 19-25-23:

Each sheriff shall maintain and cause to be paid a sufficient number of regular
deputies, properly trained and adequately equipped, to ensure the domestic
tranquility within his county. In addition thereto, each sheriff may maintain an
adequate number of properly trained auxiliary deputy sheriffs to be equipped,
trained and paid from the general county fund. The number of said auxiliary
deputies shall be approved by the board of supervisors and may be increased or
reduced from time to time by said board.

(emphasis added). The term "auxiliary" is not defined in the statutes. However, the term is included
in Section 45-6-3(d), which defines a part-time law enforcement officer as:

any person appointed or employed in a part-time, reserve or auxiliary capacity by
the state or any political subdivision thereof . . . who is duly sworn and vested with
authority to bear arms and make arrests, and whose primary responsibility is the
prevention and detection of crime, the apprehension of criminals and the
enforcement of the criminal and traffic laws of this state or the ordinances of any
political subdivision thereof. However, the term "part-time law enforcement
officer" shall not mean or include any person or elected official who, subject to
approval by the board, provides some criminal justice related services for a law
enforcement agency. . . . [F]or a deputy sheriff or municipal law enforcement
officer, the term "appointed or employed" means a deputy sheriff or municipal law
enforcement officer who is performing such duties at any time whether or not they
receive any compensation for duties as a law enforcement officer provided that such
compensation is less than Four Hundred Seventy-five Dollars ($475.00) per week
or Two Thousand Fifty Dollars ($2,050.00) per month.

(emphasis added). Section 45-6-11(3)(a) provides that "[n]o person shall be appointed or employed
as a law enforcement officer or a part-time law enforcement officer unless that person has been
certified as being qualified under the provisions of subsection (4) of this section." Further, Section
45-6-11(3)(c) prohibits a person from serving as a law enforcement officer in an auxiliary capacity
"when that person's certification has been suspended, cancelled or recalled." Section 45-6-11(4)
mandates that the Board on Law Enforcement Officer Standards and Training ("BLEOST")
establish "qualifications for the employment of law enforcement officers." Additionally, BLEOST
is required to "fix qualifications for the appointment or employment of part-time law enforcement
officers to essentially the same standards and requirements as law enforcement officers[]" and
"develop and implement a part-time law enforcement officer training program that meets the same
performance objectives and has essentially the same or similar content as the programs approved
by the board for full-time law enforcement officers." Miss. Code Ann. § 45-6-11(4). This office
has previously opined:

An individual must be a part-time or full-time certified law enforcement officer as
defined in Section 45-6-3(c) and (d) of the Mississippi Code or a law enforcement
trainee as defined in Section 45-6-3(e) to perform the law enforcement duties of a
deputy sheriff, including the authority to bear arms and make arrests and the
prevention and detection of crime, the apprehension of criminals and the
enforcement of the criminal and traffic laws of this state and/or ordinances of any
political subdivision thereof.

MS AG Op., Woodson at 1 (Jan. 3, 2012) (internal quotations omitted).
Accordingly, it is the opinion of this office that an auxiliary deputy sheriff is a part-time law
enforcement officer and, therefore, must be certified and meet the law enforcement qualifications
and training requirements outlined in Section 45-6-11(4). A person who does not meet the statutory
requirements of a law enforcement officer cannot serve as an auxiliary deputy sheriff and, thus,
cannot make traffic stops, write traffic tickets, transport inmates, or make arrests.
Notably, the language of Section 19-25-21, which references sheriffs' "deputies who have law
enforcement duties," potentially suggests that there could be sheriffs' deputies who do not have
law enforcement duties. However, it is the opinion of this office, based on the above-cited
definitions and certification requirements, that all sheriffs' deputies must be certified and meet the
law enforcement qualifications and training requirements. We note that previous opinions of this
office state that an auxiliary deputy sheriff was not required to meet the law enforcement
certification requirements if he or she worked part-time and did not have law enforcement duties.
MS AG Op., Austin at 3 (May 28, 1986) and MS AG Op., Norquist at *1 (July 12, 1996).
However, these opinions were issued prior to amendments to the above-cited Sections 45-6-3 and
45-6-11. See 1998 Miss. Laws Ch. 394 (S.B. 2227) (amending various sections of Title 45, Chapter
6 to require training for all law enforcement officers including auxiliary officers). To the extent
that any prior opinions conflict with this one, this opinion is controlling on the issues presented in
your request.
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/ Beebe Garrard
Beebe Garrard
Special Assistant Attorney General