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Legal Authority

Explore the legal framework governing National Guardsmen as peace officers under Penal Code 830.4. This overview discusses current laws, training requirements established by P.O.S.T. and the Governor’s Commission, including a mandatory 40-64 hours of instruction on search and seizure, arrest methods, and firearms legal liability. Importantly, it clarifies that while National Guardsmen have distinct military powers, there are no specific exemptions from minimum training standards in California. The distinction between malfeasance and nonfeasance is also examined.

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Legal Authority

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Presentation Transcript

  1. Legal Authority • National Guardsmen- Peace Officer Powers Pursuant to Penal Code 830.4 • Current Law – Training Requirements • P.O.S.T- Governor’s Commission • Minimum Standards for All Peace Officers • 40-64 hours of Search and Seizure, Personal Methods of Arrest and Firearms

  2. Legal Liability • Penal Code Section 832 • CA Peace Officers Must Achieve Minimum P.O.S.T. Training Requirements • Currently – No Express National Guard Exemption/Exception To Requirement • Military Power Distinct from Police Power • Malfeasance v. Nonfeasance

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