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ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
AMENDED
federal search; seizure; sheriff; permission
Purpose
Prohibits a federal employee who is not a certified peace officer in Arizona from making an arrest, search or seizure without written permission from the county sheriff or Attorney General (AG). Allows a county attorney to prosecute a person who executes an unlawful arrest, search or seizure for kidnapping, trespass, theft or homicide, if applicable. Outlines exemptions to the written permission requirements and allows the AG or a county sheriff to refuse permission for any reason considered sufficient.
Background
Each county sheriff must develop and adopt a policy for the cross-certification of federal peace officers and include, in the policy, whether cross-certification is allowed in the county. A federal peace officer who is employed by an agency of the United States and who has completed the basic training curriculum for the officer's agency possesses, and must enforce all law enforcement powers of peace officers in the state for one year, if the federal peace officer submits: 1) a written request to the county sheriff for the certification; and 2) evidence that the officer has been certified as a federal peace officer and is authorized by federal law to make arrests and serve warrants (A.R.S. § 13-3875).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Prohibits a federal employee who is not certified as a peace officer in Arizona from making an arrest, search or seizure in Arizona pursuant to Arizona law without written permission from the county sheriff or county sheriff's designee of the county in which the arrest, search or seizure occurred unless:
a) the arrest, search or seizure takes place on a federal enclave for which the state has ceded jurisdiction to the United States;
b) the federal employee witnesses the commission of a crime that requires an immediate arrest;
c) the federal employee enters the state in lawful close pursuit of a person in order to arrest the person and the federal employee brings the person arrested before a magistrate for a statutory hearing; or
d) the federal employee is a U.S. Customs and Border Protection officer or a U.S. Immigration and Customs Enforcement officer.
2. Allows a county sheriff or the county sheriff's designee to refuse permission for any reason that is considered sufficient.
3. Requires a federal employee, if the federal employee intends to arrest, search or seize an employee of the county sheriff's office or an elected county or state officer, to obtain written permission from the AG, rather than the county sheriff.
4. Allows the AG to refuse permission for any reason that the AG considers sufficient.
5. Stipulates that a federal employee is not required to request written permission from the AG if the delay in obtaining the permission would cause serious harm to an individual or to a community or would likely cause the intended subject of the arrest, search or seizure to flee in order to avoid prosecution.
6. Requires a federal employee to obtain written permission from the AG, rather than the county sheriff, if the federal employee has probable cause to believe that the subject of an arrest, search or seizure has a close connection with the county sheriff and is likely to be informed of the impending arrest, search or seizure.
7. Requires the request for written permission to the AG, rather than the county sheriff, to include a written statement, under oath, describing the federal employee's probable cause.
8. Requires a written permission request to the county sheriff or AG to contain:
a) the name of the subject of the arrest, search or seizure;
b) a clear statement of probable cause for the arrest, search or seizure or a federal arrest, search or seizure warrant that contains a clear statement of probable cause;
c) a description of specific assets, if any, that the federal employee intends to search or seize; and
d) the date, time and location of the intended arrest, search or seizure.
9. Requires the county sheriff, county sheriff's designee or AG to countersign the permission request to constitute valid written permission.
10. Deems the written permission as valid for 48 hours after the written permission is signed and requires the county sheriff or AG to keep a copy of the permission request on file.
11. Requires the county attorney to prosecute an individual who violates the prohibition on a federal employee making an arrest, search or seizure in Arizona without outlined permission for:
a) kidnapping, if an arrest or attempted arrest occurs;
b) trespass, if a search or attempted search occurs;
c) theft, if a seizure or attempted seizure occurs; or
d) an applicable homicide offense, if loss of life occurs.
12. Prohibits the county attorney from refusing to prosecute after the county sheriff or county sheriff's designee claims that a violation of the prohibition occurs.
13. Subjects a county attorney who refuses to prosecute to a recall by the voters and prosecution by the AG for official misconduct.
14. Becomes effective on the general effective date.
Amendments Adopted by Committee of the Whole
· Specifies that the prohibition on a federal employee making an arrest, search or seizure as outlined applies to Arizona law.
Senate Action
FED 2/17/25 DP 4-2-1
Prepared by Senate Research
March 6, 2025
AN/slp