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Legal Authority

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. Legal Liability.

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Legal Authority

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  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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