Could Class 3-SLE officers work crowd control, court security, and prisoner transport in 2005?

Plain-English summary

In 2005, the Attorney General deferred to the South Carolina public safety department’s interpretation that locally commissioned Class 3-SLE officers could perform the duties listed by Norway’s police chief. Those included sporting-event and fair traffic, crowd control, courtroom security, and prisoner transport. The AG found no state statute prescribing the officers’ duties and relied on the department’s training regulation and its interpretation.

The opinion described Class 3-SLE officers as having limited powers or special duties compared with regular officers. It also said the class had custodial arrest authority, despite that narrower scope.

Currency note

This opinion was issued in 2005. 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

Could these officers handle sporting events and crowd control?
The AG deferred to the department’s view that they could when commissioned by their local chief.

Did the opinion include courtroom security and prisoner transport?
Yes. Those were among the specific duties in the request that the department said this class could perform.

Did limited authority mean no custodial arrest power?
No. The AG said the regulation and department’s explanation recognized custodial arrest authority, while generally limiting their duties compared with regular officers.

Background and statutory framework

The AG found no state statute setting the specific duties of Class 3-SLE officers. He quoted Department of Public Safety Regulation 38-007 (c) on approved training for officers with limited arrest powers or special duties and followed the department’s interpretation.

Citations and references

• Department of Public Safety Regulation 38-007 (c): Class 3-SLE certification provision quoted in the opinion.

Official title

Questioning whether Class 3-SLE certified police officers may be used for duties such as sporting events, crowd control, traffic at fairs, football games, court room security and transportation of prisoners.

Requester

James A. Preacher, Chief of Police, Norway Police Department

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/january-25-2005-1/
• Original PDF: https://www.scag.gov/wp-content/uploads/2011/03/05jan25-Preacher.pdf

Original opinion text

The State of South Carolina

OFFICE OF THE ATTORNEY GENERAL
fuNRY McMAsTER
ATTORNEY GENERAL

January 25, 2005

James A. Preacher, Jr., Chief of Police
Norway Police Department
P. 0. Box 127
Norway, South Carolina 29113
Dear Chief Preacher:

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In a letter to this office you questioned whether Class 3-SLE certified police officers may be used for duties such as sporting events, crowd control, traffic at fairs, football games, court room security and transportation of prisoners. Based upon my review, there are no State statutes that comment on or prescribe the duties ofthe referenced officers. Department ofPublic Safety Regulation 38-007 (c) provides that Class 3 Certifications. Candidates for basic certification as law enforcement officers with limited powers of arrest or special duties shall successfully complete a training program as approved by the Department and will be certified as Class 3-SLE.

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I discussed your question with Kevin Stogner with the Department and he informed me that the Department considers Class 3-SLE police officers as having the authority to perform the duties set out by you as referenced above when they are commissioned by their local chief. This office would defer to the Department's interpretation since they are the agency that generally oversees the training requirements for these officers. As Mr. Stogner noted, by the

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REMBERT

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C.· D~IS B UUDING • POST OFFICE Box 11 549 • C OWMSIA, s.c. 292 11-1549 • TELEPHONE: 803-734-3970 • FACS!Mll..E: 803-253-6283

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Chief Preacher
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January 25, 2005

referenced Regulation, these officers while having limited powers of arrest do in fact have custodial arrest authority. These officers undergo training at the Criminal Justice Academy but are generally considered as having duties which are more limited in scope, such as those outlined above, than regular law enforcement officers such as deputies or State troopers. With kind regards, I am, Very truly yours,

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Charles H. Richardson
Senior Assistant Attorney General
REVIEWED AND APPROVED BY:

Robert D. Cook
Assistant Deputy Attorney General

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cc:

Mr. Kevin Stogner
Criminal Justice Academy
Certification Unit
P. 0. Box 1993
Blythewood, South Carolina 29016