The following persons are peace officers whose authority extends to any place in the state for the purpose of performing their primary duty or when making an arrest pursuant to Section 836 as to any public offense with respect to which there is immediate danger to person or property, or of the escape of the perpetrator of that offense, or pursuant to Section 8597 or 8598 of the Government Code. These peace officers may carry firearms only if authorized and under terms and conditions specified by their employing agency:
(a)Members of an arson-investigating unit, regularly paid and employed in that capacity, of a fire department or fire protection agency of a county, city, city and county, district, or the state, if the primary duty of these peace officers is the detection and apprehension of persons who have violated any fire law or committed insurance fraud.
(b)Members other than members of an arson-investigating unit, regularly paid and employed in that capacity, of a fire department or fire protection agency of a county, city, city and county, district, or the state, if the primary duty of these peace officers, when acting in that capacity, is the enforcement of laws relating to fire prevention or fire suppression.
(c)Voluntary fire wardens as are designated by the Director of Forestry and Fire Protection pursuant to Section 4156 of the Public Resources Code, provided that the primary duty of these peace officers shall be the enforcement of the law as that duty is set forth in Section 4156 of the Public Resources Code.
(d)Firefighter/security guards by the Military Department, if the primary duty of the peace officer is the enforcement of the law in or about properties owned, operated, or administered by the employing agency or when performing necessary duties with respect to patrons, employees, and properties of the employing agency.
Notes of Decisions
Cited in
7
cases (
2 in the last 5 years), 1995–2022 · leading case:
Johnson v. Lewis, 2004 Cal. Daily Op. Serv. 6094 (Cal. Ct. App. 2004).
Johnson v. Lewis, 2004 Cal. Daily Op. Serv. 6094 (Cal. Ct. App. 2004).
· cites it 3× “Plaintiff Polly Johnson sought to recover in tort based upon her arrest by defendant Scott Lewis, an arson investigator with peace officer authority (Pen. Code, § 830.37, subd. (a)), for her commission of traffic offenses.”
People v. Miller, 164 Cal. App. 4th 653 (Cal. Ct. App. 2008).
“” 8 Although we are aware of no case authority specifically discussing Penal Code section 830.33, subdivision (b), several courts have explored the meaning of a similar provision, Penal Code section 830.”
Gauthier v. City of Red Bluff, 95 Cal. Daily Op. Serv. 3716 (Cal. Ct. App. 1995).
· cites it 3× “37 provides: “The following persons are peace officers whose authority extends to any place in the state for the purpose of performing their primary duty or when making an arrest pursuant to Section 836 as to any public offense with respect to which there is immediate danger to…”
People v. Superior Court of Santa Clara Cnty. (gremminger), 97 Cal. Daily Op. Serv. 7966 (Cal. Ct. App. 1997).
“(a)), and fire department arson investigators (Pen. Code, § 830.37, subd. (a)). These Penal Code provisions make clear that while a police officer has peace officer status, not all peace officers are also police officers.”
Rivas v. California Franchise Tax Bd., 619 F. Supp. 2d 994 (E.D. Cal. 2008).
“Defendant Railsback, as special agent of the FTB, is a peace officer under California law, Cal.Penal Code § 830.37(s). Pursuant to section 945.”
People v. Thomas CA3 (Cal. Ct. App. 2022).
“) A On the day the fire investigator was to testify, the trial court and the parties discussed (out of the jury’s presence) the possible existence of relevant impeachment evidence in the fire investigator’s confidential personnel file.”
People v. Thomas CA3 (Cal. Ct. App. 2022).
“) A On the day the fire investigator was to testify, the trial court and the parties discussed (out of the jury’s presence) the possible existence of relevant impeachment evidence in the fire investigator’s confidential personnel file.”
— Cal. Penal Code § 830.37(s) — 1 case
Rivas v. California Franchise Tax Bd., 619 F. Supp. 2d 994 (E.D. Cal. 2008).
“Defendant Railsback, as special agent of the FTB, is a peace officer under California law, Cal.Penal Code § 830.37(s). Pursuant to section 945.”
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