Did Greenville-Spartanburg Airport police have general statewide arrest powers in 1995?

Plain-English summary

In February 1995, Duncan's police chief asked whether Greenville-Spartanburg Airport Authority police could act statewide or only at the airport. A Deputy Attorney General said officers other than the airport police chief held commissions that allowed statewide authority in connection with their airport duties. Outside those duties, their authority was no greater than a private citizen's. The letter excluded the chief from its specific commission finding and reaffirmed a separate opinion limiting a municipal officer's authority when working outside the officer's regular jurisdiction.

Currency note

This opinion was issued in 1995. 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.

Historical summary

Airport officers and other police agencies

The writer distinguished geographic scope from the terms of an officer's commission. A constable's authority could be limited by statute or by the commission itself; the airport officers' commissions, as reported by the state law enforcement division, tied statewide power to airport duties.

Municipal officers

The letter also reaffirmed an earlier AG view that a city officer working outside the officer's regular jurisdiction had only private-citizen law enforcement authority there. It did not expand that municipal rule or determine the airport chief's commission terms.

Common questions

Were airport officers' powers limited to the airport property? The writer said officers other than the chief could exercise statewide authority while performing airport-police duties, subject to their commissions.

Could those officers exercise full police power on unrelated off-duty work elsewhere? The opinion said no; outside their airport duties they had only private-citizen authority.

Did the letter decide the airport police chief's authority? No. It expressly excepted the chief from the described commission restriction.

Background and statutory framework

The letter cited the statutes creating the airport district and authorizing its commissioned officers, along with the state-constable provision. It relied on the reported terms of the officers' commissions and earlier AG opinions about restricted commissions and municipal police jurisdiction.

Citations and references

• Section 55-11-110 and Section 55-11-210: airport district and police authority.
• § 23-1-60: state-constable appointment provision.
• June 2, 1993 and March 20, 1985 AG opinions: municipal officer jurisdiction guidance reaffirmed in the letter.

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/february-8-1995/
• Original PDF: https://www.scag.gov/wp-content/uploads/2013/12/1995feb8mallek.pdf

Original opinion text

T. TRAVIS MEDLOCK
ATIORNEY GENERAL

REMBERT C. DHNNIS UUILDINO
POSTOFHCEBOX 11549
COWMBIA, S.C. 29211-1549
TELEPHONE: 803-734-3970
FACSIMILE: 803-2S3-6283

February 8, 1995

Bany D. Mallek, Chief of Police
Town of Duncan
Police Department
Post Office Drawer 188
Duncan, South Carolina 29334
Re:

Informal Opinion

Dear Chief Mallek:

bi&.

Attorney General Condon has referred your letter of January 23, 1995 to me for reply. You have asked the extent of law enforcement authority possessed by police officers employed by the Greenville-Spartanburg Airport Authority. Specifically, you inquire as to whether such officers possess statewide jurisdiction, or are confined to the Airport. I would advise that such officers, with the exception of the Chief, are, by the terms of the commission issued to them, limited to statewide authority in connection with their duties as an Airport police officer. Section 55-11-110 of the Code of Laws of South Carolina (1976 as amended) creates the Greenville-Spartanburg Airport District. Pursuant to Section 55-11-210,
... The commission is authorized to employ police officers commissioned by the Governor to enforce all laws and the rules and regulations authorized in this section, and such officers shall be authorized to issue summonses for violations in the manner authorized for state [troopers] .... Pursuant to§ 23-1-60, state constables are appointed by the Governor" ... as he may deem necessary to assist in the detection of crime and the enforcement of any criminal laws of this State ... ".

Chief Mallek
Page 2
February 8, 1995
In an Opinion of this Office, dated May 6, 1976, it was noted that state constables "have state-wide jurisdiction ... " unless othetwise restricted. A state constable's jurisdiction can be restricted either by statute, see, ~, § 59-116-10 et seq. [campus security officers at private colleges], or upon issuance of the commission itself. If restricted, the constable possesses only such jurisdiction as is specifically provided. For example, in the May 6, 1976 Opinion, the particular constable's jurisdiction was, in fact, restricted by its terms to the jurisdiction of the Medical University and other State property. If restricted, the constable has the same authority to arrest as a private citizen if the arrest is made beyond the authority for which the commission is limited. See, Op. Atty. Gen., August 29, 1986. I have been informed by the South Carolina Law Enforcement Division that the officers of the Greenville-Spartanburg Airport District, with the exception of the Chief, are restricted to statewide authority in connection with their duties as Airport police officers. Accordingly, with the exception of the Chief, such officers would have only the authority of private citizens when not performing such duties. You have also asked whether 1993 Op. Atty. Gen., Op No. 93-95 (June 2, 1993) remains the opinion of this Office. I would advise that it does. That opinion citing a previous opinion dated March 20, 1985, concluded that a city police officer "could work outside [that officer's] regular jurisdiction .... However, ... as to any law enforcement authority, the officer while working outside his jurisdiction only has that authority given to private citizens generally." These opinions remain the opinions of this Office. If I can be of further assistance, or if a formal opinion is necessary, please advise.

Very truly yours,

Robert D. Cook
Deputy Attorney General
RDC/an