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  1. #1
    Join Date
    Feb 2007
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    61

    Default Prisoner Transport Question

    The company I work for was recently asked to quote a prisoner transport from New Mexico to Minnesota. I know other companies like Transcor do this. What law allows for the interstate transportation of prisoners? Does it pre-empt state and local laws to the contrary, and does it allow the transport staff to be armed? Anyone with experience or knowledge about this topic please share.



    Thanks!

  2. #2
    Join Date
    Nov 2005
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    1,064

    Default

    I know of someone who has done this in the past... I will see what I can find out for you.
    "To win one hundred victories in one hundred battles is not the highest skill. To subdue the enemy without fighting is the highest skill." Sun-Tzu

  3. #3
    Join Date
    May 2008
    Location
    Pacific Northwest
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    678

    Default

    Extraditing a prisoner from one state to another can be legally difficult, but here are some ideas that should help the process:

    First, make sure you document the scope of your duites, what is allowable and what is not allowable under your contract and have it signed by someone high up in the department. I personally, would not do it as a straight bill of hours a contract is a must. I would have a contract that a business lawyer and criminal lawyer would look at to make sure everything is okay.

    Second, I would see if I could be deputized to lessen legal liabilty of interstate travel. I would also make sure that I had both state security licenses or an exemption letter from the state agency or state attorney general. I would also make sure this to be true with a concealed handgun license, regardless of the two check offs above. This is an ideal situation, but some states (like Oregon) will grant exceptions on short notice if you contact the security licensing authority and / or state attorney general.

    Third, depending on the criminal act I may or may not carry a firearm to lessen my liability depending on the mode of transportation. Granted if you are deputized and are flying then you could fly armed, but the

    Fourth, I would make sure that two officers of the same gender of the prisoner just to lessen your liabilty.

    Generally when the state wants to extradite a prisoner to another state there is a hearing if the prisoner objects, if not it's pretty much a quick "See you later," from the judge. If your hired or contracted by a law enforcement agency, then it depends on the state laws. If you are under instructions, state emergency happens, or you have an exception letter from law enforcement some states allow exemptions from security licensing. The trickey part is having licensing in any state you are in, and that state recognizing your authority.

    If you are going through federal jurisdiction (military bases, federal court houses, airports) it can range drastically. Some federal laws, like military bases, have several ways of handeling it. You can be arrested if you violate the state law, federal law or both. If you fly armed, you better be fully deputized with the proper documentation, training, and notification because you will not get on that flight armed.

    If I were you, I may want to consult a bail enforcement officer regarding the extraditing of prisoners. I'm sure they would be a good source of information.


    "Great danger lies in the notion that we can reason with evil" - Doug Patton

  4. #4
    Join Date
    Apr 2008
    Location
    DFW, TX
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    519

    Default

    here are a few of the requirements to fly armed;

    Unless otherwise authorized by TSA, to fly armed a LEO must;

    * Be a Federal law enforcement officer or a full-time municipal, county, or state law enforcement officer who is a direct employee of a government agency.

    * Be sworn and commissioned to enforce criminal statutes or immigration statutes.

    * Be authorized by the employing agency to have the weapon in connection with assigned duties.

    * Completed the training program “Law Enforcement Officers Flying Armed.”

    What are the procedures for a State or local Law Enforcement Officer to fly armed?

    1. Have the operational need to fly armed.

    2. The LEO’s employing agency transmits a properly formatted message, via Nlets, to ORI VAFAM0199.


    there are others that are not relevant to this.
    Remember those who died, remember those who killed them.

  5. #5
    Join Date
    Jan 2006
    Location
    Olympia WA
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    Last time I went to fly (vacation), I walked up to the counter and said "I am a law enforcement officer, I have a duty weapon I need to check."

    They asked... "Carry on or checked?"

    "Alright guys listen up, ya'll have probably heard this before, Jackson vs. Securiplex corporation; I am a private security officer, I have no State or governmental authority. I stand as an ordinary citizen. I have no right to; detain, interrogate or otherwise interfere with your personal property-... basically all that means is I'm a cop."-Officer Ernie
    "The Curve" 1998

  6. #6

    Default

    From Transcor's website FAQ:

    2. WHAT IS YOUR TRANSPORTING AUTHORITY?
    U.S. Code title 18, section 3182 Extradition Act. TransCor's agents, under this law, have the same authority as any officer of a public criminal justice agency performing a prisoner transport. The transportation agents are authorized to take custody, transport, and house prisoners en route to the requesting agency. This does not authorize arrest powers or any endorsement as a law enforcement officer other than with respect to prisoners within our care, custody and control.

    Does this supercede the state laws? I tried reading it, but its kind of mumbly jumbly legal stuff?

    8. ARE YOUR AGENTS ARMED?
    All of TransCor's vehicles are equipped with a 12-gauge Mossburg shotgun. Each agent carries a pepper spray canister as well. In the state of Florida, TransCor agents are licensed to carry handguns, as required by state law.

    They claim to service all 50 states, I can't imagine that they have permits in all 50 states to carry firearms? Or could they?
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  7. #7
    Join Date
    Oct 2008
    Posts
    7

    Default

    Well, Florida's CCW (or whatever they call them there) are recognized/honored in a couple dozen states. Get permits from Florida, Utah, New Hampshire and Pennsylvania and you'll have about as close you can get to a nationwide carry permit. It's a bit costly and there are certainly restrictions to abide by, but if you're in an armed security job that requires travel, these are a must.

  8. #8
    Join Date
    Apr 2008
    Location
    DFW, TX
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    Quote Originally Posted by Lawson View Post
    Last time I went to fly (vacation), I walked up to the counter and said "I am a law enforcement officer, I have a duty weapon I need to check."

    They asked... "Carry on or checked?"

    Lol. Had you asked for carry on, I imagine you would have have to meet the TSA requirements.
    Remember those who died, remember those who killed them.

  9. #9
    Join Date
    Feb 2005
    Location
    Haymarket, VA
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    2,467

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    If you are seeking a contract to transport federal prisoners for the US Marshals Service, I recommend you contact the Prisoner Transportation Division, 911 Walnut Street, Kansas City MO. They should be able to provide you will correct and up-to-date information.
    Enjoy the day,
    Bill

  10. #10
    Join Date
    Aug 2005
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    Rivet City, Capitol Wasteland
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    Default

    Keep in mind, some states do not recognize the citizen concealed/carry permit when the holder is performing security duties. In that case, you need a statewide security firearm's permit, or whatever the state requires armed guards to carry in lieu of the citizen CCW.

    This is also important if you are open carrying in a "no-open carry" state, which generally means you need your security firearms permit.
    Some Kind of Commando Leader

    "Every time I see another crazy Florida post, I'm glad I don't work there." ~ Minneapolis Security on Florida Security Law

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