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The following opinion is presented on-line for informational use only and does not replace the official version. (Mich Dept of Attorney General Web Site - www.ag.state.mi.us) STATE OF MICHIGAN FRANK J. KELLEY, ATTORNEY GENERAL Opinion No. 5735 July 9, 1980 POLICE: Enforcement of state laws by federal agents Federal agents may not act as peace officers in the State of Michigan. Lewis G. Labbe Resident Agent in Charge U.S. Department of Treasury 600 Church Street Flint, Michigan 48502 You have asked my opinion on whether federal agents are peace officers in the State of Michigan. In People v Bissonette, 327 Mich 349, 356-357; 42 NW2d 113, 116 (1950), the Michigan Supreme Court set forth the general powers and duties of peace officers and distinguished their authority from those officers who possess but a portion of the general authority of a peace officer but not all of it. The Court in that case noted: 'Peace officers have general authority to operate in a broader field. Their powers have not been specifically defined by the statute law of this State. "Peace Officers. This term is variously defined by statute in the different State; but generally it includes sheriffs and their deputies, constables, marshals, members of the police force of cities, and other officers whose duty is to enforce and preserve the public peace.' "Public Peace. The peace or tranquillity of the community in general; the good order and repose of the people composing a State or municipality. Black's Law Dictionary (3rd ed), p 1341.' The courts have held that federal officers have no power to arrest a citizen, unless the citizen is charged with an act violating a federal statute. In re Harvell, 267 F 997 (ED NC, 1920); 6A CJS, Arrest, Sec. 17, p 33. However, it has been held that federal agents in each State possess the arrest powers accorded private persons by the laws of that State, unless their powers have been enlarged by a federal statute. Neither the agents of the Internal Revenue Service nor any other federal agents are peace officers under a New York statute conferring authority upon peace officers to make arrests. United States v Viale, 312 F2d 595 (CA 2, 1963), cert den 373 US 903; 83 S Ct 1291; 10 LEd 2d 199. By way of example, section 4c, 80 Stat 620 (1966), 28 USC 570 affords United States Marshalls the same powers in a State as those of a sheriff. United States v Colebrook, 52 F2d 307 (SD Texas, 1931). Statutes enlarging or restricting the peace powers of specifically mentioned federal agents apply only to those agents enumerated and do not extend to other federal agents. State v Burnett, 183 NC 703; 110 SE 588 (1922). Finally, the courts have consistently held that in the absence of an applicable federal statute, the law of the state where an arrest without a warrant takes place determines its validity. United States v Di Re, 332 US 581, 589; 68 S Ct 222; 92 L Ed 2d 210 (1948); United States v Viale, supra. Therefore, it is my opinion that federal agents may not act as peace officers in the State of Michigan. Frank J. Kelley Attorney General
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