Could a South Carolina Class III officer issue a summons when assigned limited arrest or special duties by a police chief or sheriff?

Plain-English summary

Ehrhardt’s police chief asked in 2009 whether a Class III officer could issue a summons while carrying out limited arrest powers or special duties at the direction of a sheriff or police chief. The South Carolina Attorney General said yes in those circumstances. The office grounded that conclusion in the training regulation for officers certified with limited arrest powers or special duties and reported concurrence from Department of Public Safety personnel.

The letter expressly limited its answer. It did not extend the same general summons authority to code-enforcement, litter-control, or animal-control officers, whose powers were tied to their specific duties under an earlier opinion. It also did not describe Class III officers as having full custodial police powers.

Currency note

This opinion was issued in 2009. 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

Q: Could a Class III officer issue a summons for an assigned special duty? A: The Attorney General said yes when the sheriff or police chief directed the officer while the officer performed limited arrest powers or special duties.

Q: Did the opinion give every Class III officer full police power? A: No. It repeated an earlier view that these officers did not have full custodial police powers and had authority limited by law and their assigned duties.

Q: Did the answer cover code, litter, and animal-control officers? A: The Attorney General specifically excluded those officers from the answer because their authority was typically confined to their particular functions.

Background and statutory framework

The opinion quoted a Department of Public Safety training provision for basic certification of limited-power or special-duty officers. It also recalled earlier letters on Class III officers at sporting events, traffic assignments, courtroom security, and prisoner transport. The answer tied summons authority to direction by the sheriff or police chief during the limited or special duties described.

Citations and references

Authority discussed: the Department of Public Safety training regulation quoted in the original letter; the opinion did not provide a regulation number.

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/july-10-2009-2/
• Original PDF: https://www.scag.gov/wp-content/uploads/2011/03/preacher-j-a-jr-os-8826-7-10-09-class-III-police-officer-issue-summons.pdf

Original opinion text

HENRY McMASTER
AJ'ToRNEY G ENERAL

July 10, 2009

James A. Preacher, Jr., Chief of Police
Ehrhardt Police Department
P. 0 . Box 185
Ehrhardt, South Carolina 29801
Dear Chief Preacher:
In a letter to this office you questioned whether a Class III police officer can issue a summons if directed by their sheriff or chief of police while perfonning limited powers of arrest or special duties. You referenced that you were not referring to code enforcement, litter control or animal control officers who consistent with a prior opinion of this office to you dated May 6, 2009 typically have limited powers consistent with their recognized duties as these specific types of officers. That opinion concluded that generally a Class III officer" ...does not have full police custodial powers and is limited in his law enforcement authority with limited duties consistent with the Regulations and statutory law." Another prior opinion of this office dated January 25, 2005 concluded that as to Class officers used at sporting events, handling traffic at fairs and football games, and who deal with courtroom security and the transportation ofprisoners, these Class ill officers have the duty and authority to perform such functions when they are commissioned by their local chief

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The May 6, 2009 opinion noted previously referenced that the Department of Public Safety promulgated regulations regarding training requirements for Class ill officers. As to Class ill officers, subsection (C) of such regulation states that
[c]andidates for basic certification as law enforcement officers with limited powers ofarrest or special duties shall successfully complete a training program as approved by the Department and will be certified as Class 3-SLE. (emphasis added).

In reviewing your question, I spoke with individuals at the Department ofPublic Safety and we all concurred that consistent with the referenced regulation, a Class III officer can issue a summons if directed by their sheriff or chief of police while performing limited powers of arrest or special duties. As I indicated above, such authority extends only to officers who do not perform code enforcement, litter control or animal control officers as these officers typically have limited powers consistent with these specific duties. REMBERT C. D ENNIS B UILDING

•

P OST O FFICE B ox 11549

•

COLUMBIA, SC 292 11-1549

• T ELEPHONE 803-734-3970 •

FACSIMILE 803-253-6283

Chief Preacher
Page 2
July 10, 2009

With kind regards, I am,
Very truly yours,
Henry McMaster
Attorney General

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By:

REVIEWED AND APPROVED BY:

Robert D. Cook
Deputy Attorney General

Charles H. Richardson
Senior Assistant Attorney General