Mississippi Code
Miss. Code Ann. § 45-6-3 (2026)
Definitions
✓ current as of July 2026
For the purposes of this chapter, the following words shall have the meanings ascribed herein, unless the context shall otherwise require:
- (a) "Commission" means the Criminal Justice Planning Commission.
- (b) "Board" means the Board on Law Enforcement Officer Standards and Training.
- (c) "Law enforcement officer" means any person appointed or employed full time by the state or any political subdivision thereof, by the state military department as provided in Section 33-1-33 or by a hospital as provided in Section 41-9-41, 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 and/or the ordinances of any political subdivision thereof. The term "law enforcement officer" also includes employees of the Department of Corrections who are designated as law enforcement officers by the Commissioner of Corrections pursuant to Section 47-5-54, those district attorney criminal investigators who are designated as law enforcement officers, the acting Commissioner of Public Safety, the acting Director of Mississippi Bureau of Narcotics, the acting Director of the Office of Homeland Security, and any employee of the Department of Public Safety designated by the commissioner who has previously served as a law enforcement officer and who would not otherwise be disqualified to serve in such capacity. However, the term "law enforcement officer" shall not mean or include any elected official or any person employed as a legal assistant to a district attorney in this state, compliance agents of the State Board of Pharmacy, or any person or elected official who, subject to approval by the board, provides some criminal justice related services for a law enforcement agency. As used in this paragraph, "appointed or employed full time" means any person, other than a deputy sheriff or municipal law enforcement officer, who is receiving gross compensation for his or her duties as a law enforcement officer of Two Hundred Fifty Dollars ($250.00) or more per week or One Thousand Seventy-five Dollars ($1,075.00) or more per month; for a deputy sheriff or municipal law enforcement officer, the term "appointed or employed full time" means a deputy sheriff or municipal law enforcement officer who is receiving gross compensation for his or her duties as a law enforcement officer of Four Hundred Seventy-five Dollars ($475.00) or more per week or Two Thousand Fifty Dollars ($2,050.00) or more per month.
- (d) "Part-time law enforcement officer" shall mean any person appointed or employed in a part-time, reserve or auxiliary capacity by the state or any political subdivision thereof, by the state military department as provided in Section 33-1-33 or by a hospital as provided in Section 41-9-41, 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. As used in this paragraph, "appointed or employed" means any person, other than 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 Two Hundred Fifty Dollars ($250.00) per week or One Thousand Seventy-five Dollars ($1,075.00) per month; for 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.
- (e) "Law enforcement trainee" shall mean any person appointed or employed in a full-time, part-time, reserve or auxiliary capacity by the state or any political subdivision thereof, by the state military department as provided in Section 33-1-33 or by a hospital as provided in Section 41-9-41, for the purposes of completing all the selection and training requirements established by the board to become a law enforcement officer or a part-time law enforcement officer. The term "law enforcement trainee" also includes any employee of the Department of Public Safety so designated by the Commissioner of Public Safety. Individuals under this paragraph shall not have the authority to use force, bear arms, make arrests or exercise any of the powers of a peace officer unless:
- (i) The trainee is under the direct control and supervision of a law enforcement officer;
- (ii) The trainee was previously certified under this chapter; or
- (iii) The trainee is a certified law enforcement officer in a reciprocating state.
Laws, 1981, ch. 474, § 2; Laws, 1990, ch. 434, § 1; Laws, 1992, ch. 531, § 8; Laws, 1993, ch. 416, § 29; Laws, 1996, ch. 422, § 2; Laws, 1998, ch. 394, § 2; Laws, 2003, ch. 490, § 2; Laws, 2004, ch. 388, § 1; Laws, 2007, ch. 510, § 1, eff. 7/1/2007.
Amended by Laws, 2023, ch. 390, SB 2347,§ 3, eff. 7/1/2023.
Amended by Laws, 2021, ch. 403, HB 974,§ 4, eff. 7/1/2021.
Amended by Laws, 2020, ch. 359, HB 1434,§ 1, eff. 7/1/2020.
Notes of Decisions
Cited in 24
cases (4 in the last 5 years), 1993–2025 · leading case: Tyrone Lewis v. Hinds Cnty. Circuit Court, 158 So. 3d 1117 (Miss. 2015).
Tyrone Lewis v. Hinds Cnty. Circuit Court, 158 So. 3d 1117 (Miss. 2015). “See Miss.Code § 45-6-3 (Rev. 2011) (defining the duties of a law enforcement officer).”
Amerson v. State, 648 So. 2d 58 (Miss. 1994). “Amerson counterargues that Young cannot be considered a de jure officer because Young did not attend the training academy as required by Miss. Code Ann. § 45-6-3 (c). Miss. Code Ann.”
Hooper v. State, 295 F. Supp. 3d 726 (S.D. Miss. 2017). “" Miss. Code Ann. § 45-6-3 (c). The statute defines "part-time" law enforcement officer as "any person 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 Two…”
Bd. on Law Enf't v. Voyles, 732 So. 2d 216 (Miss. 1999). “" Miss.Code Ann. § 45-6-3 (Supp.1997). Since the term "law enforcement officer" is defined in this section, as above, Voyles contends that the chancellor *220 correctly interpreted the statutes in their proper context to grandfather him.”
Anthony Gibson v. Jeffrey Kilpatrick, 734 F.3d 395 (5th Cir. 2013). “” Miss.Code Ann. § 45-6-3 (c). 7 . The district court also held that, in the absence of evidence regarding Gibson’s duties, he was "more likely involved [in] responding to complaints from private citizens than making them himself.”
Green v. State, 614 So. 2d 926 (Miss. 1993). “Miss. Code Ann. § 45-6-3 (c) defines a law enforcement officer as "any person appointed or employed full time by the State or any political subdivision thereof, who is duly sworn and vested with authority to bear arms and make arrest, and whose primary responsibility is the…”
Anthony Gibson v. Jeffrey Kilpatrick, 773 F.3d 661 (5th Cir. 2014). “” See Miss.Code Ann. § 45-6-3(c). Gibson, as Chief of Police, was the City of Drew’s “chief law enforcement officer” and had “control and supervision of all police officers employed by” the city.”
Bates v. State, 172 So. 3d 805 (Miss. Ct. App. 2014). “See Miss.Code Ann. § 45-6-3(c) (Rev. 2011) (defining “law enforcement officer”).”
State v. Delaney, 52 So. 3d 348 (Miss. 2011). “, or a sworn law enforcement officer within this state as defined in Section 45-6-3 for a criminal act, whether misdemeanor or felony, which is alleged to have occurred while the teacher, jail officer, counselor at an adolescent offender program or law enforcement officer was in…”
Watts v. City of Jackson, 827 F. Supp. 2d 724 (S.D. Miss. 2011). “As Defendants note, section 45-6-3(c) of the Mississippi Code Annotated defines the duties of law-enforcement officers stating that their “primary responsibility is the prevention and detection of crime, the apprehension of criminals and the enforcement of the criminal and…”
Matthew Wallace v. State of Mississippi (Miss. 2023). “Miss. Code Ann. § 45-6-3 (c) (Supp. 2022) (emphasis added).”
Watts v. City of Jackson, 664 F. Supp. 2d 680 (S.D. Miss. 2009). “Pursuant to *687 Mississippi Code section 45-6-3(e), a law enforcement officer is defined as one 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 and/or the…”
— Miss. Code Ann. § 45-6-3(c) — 11 cases
Tyrone Lewis v. Hinds Cnty. Circuit Court, 158 So. 3d 1117 (Miss. 2015). “See Miss.Code § 45-6-3 (Rev. 2011) (defining the duties of a law enforcement officer).”
Anthony Gibson v. Jeffrey Kilpatrick, 773 F.3d 661 (5th Cir. 2014). “” See Miss.Code Ann. § 45-6-3(c). Gibson, as Chief of Police, was the City of Drew’s “chief law enforcement officer” and had “control and supervision of all police officers employed by” the city.”
Bd. on Law Enf't v. Voyles, 732 So. 2d 216 (Miss. 1999). “" Miss.Code Ann. § 45-6-3 (Supp.1997). Since the term "law enforcement officer" is defined in this section, as above, Voyles contends that the chancellor *220 correctly interpreted the statutes in their proper context to grandfather him.”
Bates v. State, 172 So. 3d 805 (Miss. Ct. App. 2014). “See Miss.Code Ann. § 45-6-3(c) (Rev. 2011) (defining “law enforcement officer”).”
Anthony Gibson v. Jeffrey Kilpatrick, 734 F.3d 395 (5th Cir. 2013). “” Miss.Code Ann. § 45-6-3 (c). 7 . The district court also held that, in the absence of evidence regarding Gibson’s duties, he was "more likely involved [in] responding to complaints from private citizens than making them himself.”
— Miss. Code Ann. § 45-6-3(d) — 4 cases
Tyrone Lewis v. Hinds Cnty. Circuit Court, 158 So. 3d 1117 (Miss. 2015). “See Miss.Code § 45-6-3 (Rev. 2011) (defining the duties of a law enforcement officer).”
Hooper v. State, 295 F. Supp. 3d 726 (S.D. Miss. 2017). “" Miss. Code Ann. § 45-6-3 (c). The statute defines "part-time" law enforcement officer as "any person 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 Two…”
Bd. of Aldermen of The Town of Tutwiler, Mississippi v. State of Mississippi, Off. of the State Auditor (Miss. Ct. App. 2023).
Tyrone Lewis v. Hinds Cnty. Circuit Court (Miss. 2015).
— Miss. Code Ann. § 45-6-3(e) — 3 cases
Watts v. City of Jackson, 664 F. Supp. 2d 680 (S.D. Miss. 2009). “Pursuant to *687 Mississippi Code section 45-6-3(e), a law enforcement officer is defined as one 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 and/or the…”
Matthew Wallace v. State of Mississippi (Miss. 2023). “Miss. Code Ann. § 45-6-3 (c) (Supp. 2022) (emphasis added).”
Hickman v. City of Newton, Mississippi (S.D. Miss. 2025).
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